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JUNE 7, 2016 AGENDA
CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL G�N�s1"gc MAYOR WILLIAM D.SESSOMS,JR.,At-Large �4 S'L VICE MAYOR LOUIS R.JONES,Bayside-District 4 O4 �� M.BENJAMIN DAVENPORT,At Large ROBERT M.DYER,Centerville-District I • ' BARBARA M.HENLEY,Princess Anne-District 7 U ` S SHANNON DS/CANE,Rose Hall District 3 ; - '� -! 1 JOHN D.MOSS,At Large `, ,_- t� AMELIA ROSS-HAMMOND,Kempsville-District 2 xO o c+' JOHN E.UHRIN,Beach District 6 ROSEMARY WILSON,At-Large JAMES L. WOOD,Lynnhaven-District 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-DAVID L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR-JERALD D.BANAGAN FAX(757)385-5669 CITY AUDITOR LYNDON S.REMIAS E-MAIL:Ctycncl@vbgov.com CITY CLERK RUTH HODGES FRASER,MMC 07 June 2016 MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room- 3:30 PM A. HAMPTON ROADS SANITATION DEPARTMENT (HRSD) Groundwater Injector Proposal Ted Henifin, HRSD II. CITY MANAGER'S BRIEFINGS A. WATER QUALITY REGULATORY PROGRAMS and Our Citywide Environmental Protection Agency/Department of Environmental Quality(EPA/DEQ) Stormwater Permit John Fowler, Public Works Melanie Coffey, Public Works B. SANDBRIDGE DUNE ENCROACHMENT Tom Leahy, Deputy City Manager Beverly Wilson, Associate City Attorney III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room- 5:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Father John Manuel Saint Nicholas Greek Orthodox 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 1. INFORMAL and FORMAL SESSIONS May 17, 2016 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. RESOLUTION Alzheimer's and Brain Awareness Month I. PUBLIC HEARINGS 1. Indian River Road and Providence Road Intersection Improvements Project 2. Franchise Agreement re 5K Race Series on the Boardwalk J. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the acquisition of property in fee simple for right-of-way for the Indian River Road and Providence Road Intersection Improvements Project either by agreement or condemnation 2. Ordinance to GRANT a Franchise Agreement with J&A Racing Foundation, Inc. re 5K Race Series on the Boardwalk 3. Resolution to ESTABLISH an Ad Hoc Committee re assist residents with Paying City Services Bill 4. Ordinance to ACCEPT and APPROPRIATE $15,000 resulting from the Ninth Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception; and, AUTHORIZE donations to the Children's Hospital of the King's Daughters Health Center and Urgent Care, The Entrepreneurship and Business Academy at Kempsville High School and the Sister Cities Association of Virginia Beach 5. Ordinance to AUTHORIZE the City Manager to EXECUTE an Amendment to the Agreement between the City of Virginia Beach and Kempsville Borough Boys Baseball, Inc., re repairs to the Sculpture 6. Ordinance to MODIFY a Condition and EXTEND the date for satisfying the conditions in the matter of closing a portion of an unimproved right-of-way known as Circle Lane 7. Ordinance re Sheriff's Office: a. APPROPRIATE and TRANSFER$988,125 re additional medical contract expenses and annual and sick leave payouts b AUTHORIZE a part-time (0.60) FTE position re assist in workload management 8. Ordinance re Department of Housing and Neighborhood Preservation: a. APPROPRIATE and TRANFER$157,837 within the FY2016-2017 Operating Budget b. AUTHORIZE three (3) full time equivalent positions 9. Ordinance to ESTABLISH Capital Project 3-210, "Correction Center Generator Replacement Grant" and ACCEPT, APPROPRIATE and TRANSFER Grant Funds re replacement of a generator at the Correction Center K. PLANNING 1. DACOR, LLC for a Subdivision Variance to Section 4.4 (b) of the Subdivision Regulations re subdivide lot at Ferry Point Road and West of Indian River Road DISTRICT 1—CENTERVILLE RECOMMENDATION: APPROVAL 2. OCEAN RENTAL PROPERTIES,LLC for a Special Exemption for Alternative Compliance to the Oceanfront Resort District Form-Based Code re two row houses and one detached house at 514 and 528 21st Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. BEACH BOROUGH DEVELOPMENT, LLC for a Modification to a Nonconforming Use re change a four-unit building to three units within two buildings - one duplex and one single family dwelling at 403 33rd Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. KING FARMS, LLC/ PAMELA and STEVEN GRAY for a Modification of Proffers of a Conditional Rezoning(approved March 3, 2015) re adjustments of the front yard setbacks at 2852 and 2876 West Neck Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 5. PHIL BONIFANT for a Modification of Conditions to a Conditional Use Permit"Country Inn" (approved December 9, 2003) and a Conditional Use Permit for assembly use at 2244 and 2252 Indian River Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 6. DIRECT INDEPENDENCE GROUP, LLC for a Conditional Change of Zoning from 0-2 Office District to Conditional B-2 Community Business District at 449, 457 and 465 Independence Boulevard DISTRICT 2-KEMPSVILLE RECOMMENDATION: APPROVAL 7. FARMHOUSE, LLC: a. Conditional Change of Zoning from 0-2 Office District to Conditional B-2 Community Business b. Conditional Use Permits re craft brewery, assembly use and open air market at 1805 Kempsville Road DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 8. VIRGINIA BEACH TRAVEL SOCCER/COLONIAL SELF-STORAGE, LP re Buckner Boulevard and Holland Road: a. Conditional Use Permit re indoor recreation facility b. Floodplain Variance DISTRICT 3—ROSE HALL RECOMMENDATION: APPROVAL 9. LEONARD ALUMINUM BUILDINGS, INC. / FAYE W. FORBES, ET AL. for a Conditional Use Permit re motor vehicle sales and rental and bulk storage yard at 980 South Military Highway DISTRICT 1—CENTERVILLE RECOMMENDATION: APPROVAL 10. JOSEPH J. ARZILLO for a Conditional Use Permit re automobile repair garage at 3476 Chandler Creek Road DISTRICT 3—ROSE HALL RECOMMENDATION: APPROVAL 11. BRENTON RODGERS /ACT B PARTNERS for a Conditional Use Permit re tattoo parlor at 2973 Shore Drive, Suite 108 DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 12. CITY OF VIRGINIA BEACH: a. Ordinance to AMEND Section 1.5 of the Site Plan Ordinance (Appendix C) re definition of a Dwelling Unit b. Ordinance to AMEND Section 203(b)(5) and Section 204(d) of the City Zoning Ordinance re Illumination onto Adjacent Parcels RECOMMENDATION: APPROVAL L. APPOINTMENTS BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS—PLUMBING/MECHANICAL CLEAN COMMUNITY COMMISSION HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD TOWING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** 06/07/16/tc I. CITY COUNCIL'S BRIEFING - Conference Room- 3:30 PM A. HAMPTON ROADS SANITATION DEPARTMENT(HRSD) Groundwater Injector Proposal Ted Henifin, HRSD II. CITY MANAGER'S BRIEFINGS A. WATER QUALITY REGULATORY PROGRAMS and Our Citywide Environmental Protection Agency/Department of Environmental Quality(EPA/DEQ) Stormwater Permit John Fowler, Public Works Melanie Coffey, Public Works B. SANDBRIDGE DUNE ENCROACHMENT Tom Leahy, Deputy City Manager Beverly Wilson, Associate City Attorney III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room- 5:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Father John Manuel Saint Nicholas Greek Orthodox 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 1. INFORMAL and FORMAL SESSIONS May 17, 2016 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. RESOLUTION Alzheimer's and Brain Awareness Month S0,N1A'$EA ok • _ yy e er S°F OUR NAr° RESOLUTION WHEREAS, the health and safety of all Citizens of Virginia Beach is important to the happiness,prosperity,and well-being of our City's families,communities,and,economy; WHEREAS, Alzheimer's Disease is a progressive brain disorder that slowly deteriorates brain cells, affecting one's reasoning skills and abilities to perform simple tasks, ultimately leading to memory loss; WHEREAS, Alzheimer's cases in Virginia are expected to increase 35.7 percent from 140,000 in 2010 to about 190,000 in 2025; WHEREAS, During the month of June, people across the Commonwealth take part in The Longest Day - thelongestday.alz.org- to raise awareness and support research and care for Alzheimer's patients; WHEREAS, Further research of Alzheimer's Disease is critical as it is the only cause of death among the top ten causes in the United States that currently cannot be prevented, cured,or even slowed; WHEREAS, Caregivers and family members are crucial in maintaining a healthy quality of life for those battling Alzheimer's and WHEREAS, It is imperative that Alzheimer's patients receive early diagnoses and have access to qualify,affordable care to ensure that further research of this disease continues; NOW, THEREFORE I, William D. Sessoms,Mayor of die City of Virginia Beach, do hereby call upon our Citizens to join me and Members of City Council in observing June 2016 as Ar,ZHFJ ER'SAND BRA JNAWARENESS MONTH fiaLAYkiestr_ C'•I •n(Ben(Davenport Councilman '•hem "Bo6"Dyer Council-Lady Barbara 9i'entey I Counci(Lady Shannon nencilD.man John' oss CouncidLady'Dr.Amelia N.Wpss- # Ila 46,11, C 'lman John E.Vhrin Council-Lady Rose 'Wilson Court"a :,L.Wood tel 'ice 9Kayor Louis Jones Mayor 44h'1Tiam "44ht1"Sessoms,Jr. I. PUBLIC HEARINGS 1. Indian River Road and Providence Road Intersection Improvements Project 2. Franchise Agreement re 5K Race Series on the Boardwalk ,1A5 , 044 * V4Fw,4Jy PUBLIC HEARING ACQUISITION,BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed acquisition, by agreement or condemnation, of property and easements necessary for the Indian River Road / Providence Road Intersection Improvements Project, (CIP #2- 042), Tuesday, June 7, 2016, 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 plans for the project are entitled: "Indian River Rd Intersection Improvements CIP No. 2-042"and are on file in the Public Works Department, Engineering Division,File Room.The purpose of this hearing will be to obtain public input regarding authorizing condemnation,if necessary,for this project. 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 Real Estate Office, Building #2, Room 392, at the Virginia Beach Municipal Center,(757)385-4161. Ruth Hodges Fraser,MMC City Clerk BEACON: MAY 29,2016 r i.c., BEg0,y, fly 1jT f° ` Vt 4.1-• y>y ( -J i r1 PUBLIC NOTICE The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, June 7, 2016 at 6:00 P.M. in the City Council Chamber regarding granting a franchise agreement to allow a 5K Race Series on the Boardwalk in the Resort Area. The purpose of the hearing will be to obtain public comment on the proposed franchise agreement on City property. A copy of the franchise agreement is on file in the City Clerk's office. The City Council Chamber is located on the second floor of the City Hall building (Building #1) at 2401 Courthouse Drive, Virginia Beach, Virginia 23456. Any questions concerning the above-referenced franchise should be directed to Mike Eason, SGP/Resort Management Office, by calling (757)385-4800. Ruth Hodges Fraser,MMC City Clerk If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303. BEACON:JUNE 5,2016 J. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the acquisition of property in fee simple for right-of-way for the Indian River Road and Providence Road Intersection Improvements Project either by agreement or condemnation 2. Ordinance to GRANT a Franchise Agreement with J&A Racing Foundation, Inc. re 5K Race Series on the Boardwalk 3. Resolution to ESTABLISH an Ad Hoc Committee re assist residents with Paying City Services Bill 4. Ordinance to ACCEPT and APPROPRIATE $15,000 resulting from the Ninth Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception; and, AUTHORIZE donations to the Children's Hospital of the King's Daughters Health Center and Urgent Care, The Entrepreneurship and Business Academy at Kempsville High School and the Sister Cities Association of Virginia Beach 5. Ordinance to AUTHORIZE the City Manager to EXECUTE an Amendment to the Agreement between the City of Virginia Beach and Kempsville Borough Boys Baseball, Inc., re repairs to the Sculpture 6. Ordinance to MODIFY a Condition and EXTEND the date for satisfying the conditions in the matter of closing a portion of an unimproved right-of-way known as Circle Lane 7. Ordinance re Sheriff's Office: a. APPROPRIATE and TRANSFER $988,125 re additional medical contract expenses and annual and sick leave payouts b AUTHORIZE a part-time(0.60) FTE position re assist in workload management 8. Ordinance re Department of Housing and Neighborhood Preservation: a. APPROPRIATE and TRANFER$157,837 within the FY2016-2017 Operating Budget b. AUTHORIZE three (3) full time equivalent positions 9. Ordinance to ESTABLISH Capital Project 3-210, "Correction Center Generator Replacement Grant" and ACCEPT, APPROPRIATE and TRANSFER Grant Funds re replacement of a generator at the Correction Center (6 s ‘,... `` I)= CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to approve the acquisition of property in fee simple for right-of- way for Indian River Rd./ Providence Rd. Intersection Improvements, CIP 2- 042, and the acquisition of temporary and permanent easements either by agreement or condemnation MEETING DATE: June 7, 2016 • Background: The Indian River Road/Providence Road Intersection Improvements Project, CIP 2-042 (the "Project") is intended to enhance public safety by decreasing crash rates on Indian River and Providence Roads. The Project will also upgrade the 40-year old signal equipment on Indian River at its intersections with Providence Road and Sunnydale Drive. The Project was Traffic Engineering's third highest priority in their FY13/14 CIP request. • Considerations: The Project requires the acquisition of right-of-way and easements from 9 parcels. Indian River Road is a divided, six-lane, major arterial highway. Providence Road is a divided, four-lane, minor arterial highway. The Project will provide dual left-turn lanes along Indian River's southeast-bound lanes approaching Providence Road, will relocate the median between Sunnyside Drive and Providence Road, and will eliminate an existing inner, northwest-bound drop-lane. The Project will also increase the signal spacing along the 6000 block of Indian River Road, which will improve traffic flow between the intersections of Reon Drive and Providence Road. The existing traffic signal at Indian River and Level Green Blvd. (West) will be removed and the median opening closed due to its proximity to Indian River and Providence Road. A new signal will be installed at the Indian River and Level Green Blvd. (East) intersection along with a new, left-turn lane enabling southeast-bound traffic to make a U-turn at this signal. The Department of Public Works is requesting that City Council grant the authority to acquire, by agreement or condemnation, all real property and temporary or permanent easements associated with the Project. Acquisition will be administered by the City of Virginia Beach, through the Public Works Office of Real Estate, and if condemnation is necessary, through the City Attorney's Office. • Public Information: Advertisement for a public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of the City Council Agenda. • Funding: The acquisition funding has been appropriated in CIP 2-042. • Alternatives: Deny the ordinance. • Recommendations: Approve the Ordinance. • Attachments: Ordinance, Location Map Recommended Action: Approval of the Ordinance Submitting Dep me Agency: Public Works/Real Estate/ QpCity Manager: f ]1l 1H1 I.RD 1 ' ", �, IY a J H .., WOODSTOCK Z �' 70 W V W �i o 'o ( 1,..____________,-,_ 1Z 002 o ao 7 j I o�� ,�0 aQQ > 45a ,.. 4 _.......412 ,,,. 4/..,, ,= < 000 11 L' , , ; / \o----REON-D_R ZWE Uo H W Z a a 1 Ii '%, 0Z5 = 0 o 0 17------_=_-_--- OapU N -�.... 0ccW g ZaN °LT/1, .LIJ ' 0 cC N 1 Arr. / z U �� R� r __ ) a_ J 0 1-- Or . 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LL';...,.,-,--9-:.,.. , q y r ',: a. y r o.. , ..: ; .4.:.D 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR RIGHT-OF-WAY FOR THE INDIAN RIVER 4 RD. / PROVIDENCE RD. INTERSECTION 5 IMPROVEMENTS PROJECT, CIP 2-042, AND 6 THE ACQUISITION OF TEMPORARY AND 7 PERMANENT EASEMENTS, EITHER BY 8 AGREEMENT OR CONDEMNATION 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 11 public necessity exists for the upgrading and relocation of aging traffic signals to enhance 12 safety to improve transportation within the City and for other related public purposes for the 13 preservation of the safety, health, peace, good order, comfort, convenience, and for the 14 welfare of the people in the City of Virginia Beach. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 Section 1. That the City Council authorizes the acquisition by purchase or 20 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seq., and 21 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in 22 fee simple, including temporary and permanent easements, within the limitations and 23 conditions of Section 33.2-1007 of the Code of Virginia of 1950, as amended (the 24 "Property"), as shown on the plans entitled "INDIAN RIVER RD INTERSECTION 25 IMPROVEMENTS CIP NO. 2-042" (the "Project") and more specifically described on the 26 acquisition plats for the Project (plats and plans collectively referred to as the"Plans"),the 27 Plans being on file in the Engineering Division, Department of Public Works, City of Virginia 28 Beach, Virginia. 29 30 Section 2. That the City Manager is hereby authorized to make or cause to be 31 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 32 reasonable offer to the owners or persons having an interest in said Property. If refused, 33 the City Attorney is hereby authorized to initiate, prosecute, and settle or resolve 34 proceedings to condemn said Property. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 37 , 2016. CA13483 PREPARED: 5/27/16 R-1 \\vbgov.com\dfsl\applications\citylawprod\cycom32\wpdocs\d028\p022\00262070.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM )\-SAPA A dr PUBLIC WO KS/REAL ESTATE 5114 Cl Y A O' NEY f � 1.'-': �1 [ 4,,.ro-a-B CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting a Franchise Agreement to Allow a 5K Race Series on the Boardwalk in the Resort Area MEETING DATE: June 7, 2016 • Background: The City received a request from J&A Racing Foundation, Inc. ("J&A Racing") for a franchise agreement to conduct a series of 5K race events on the Boardwalk once a week during the summer months ("Race Events"). J&A Racing is proposing to conduct the Race Events on each Wednesday of the month, beginning on June 22, 2016 and ending on August 10, 2016, between 8:00 am and 10:00 am. The Race Events will take place entirely on the Boardwalk, and the Boardwalk will remain open to the public during the Race Events. The Race Events will begin on the Boardwalk at 31st Street and will continue south to 14th Street, and will then return along the Boardwalk to 31St Street. J&A Racing estimates that each Race Event will attract about 100 participants. The Race Events will be promoted to resort guests and visitors seeking physical activity during their vacation and will also be used to promote other races sponsored by J&A Racing. • Considerations: The proposed franchise agreement would be granted pursuant to a pilot program designed to determine participation level and support from resort stakeholders. If the franchise is successful, an open procurement process will be used to select a franchisee for 2017. The franchise will not be renewed beyond August 10, 2016 without prior approval from City Council. The franchise fee is one thousand five hundred dollars ($1500). Under the terms of the franchise, J&A Racing is required to submit an operational plan to the City for approval by June 15, 2016. The franchise provides that the City may terminate the franchise at any time for any reason. The Resort Advisory Commission supports granting a franchise to J&A Racing. • Public Information: A public notice was published in The Beacon on June 5, 2016. • Attachments: Ordinance, Disclosure Forms and Summary of Terms Recommended Action: Adopt Ordinance Submitting De6arf 1 -n qgency: SGA Resort Management Office,* r City Manager 1 1 AN ORDINANCE GRANTING A FRANCHISE 2 AGREEMENT TO ALLOW A 5K RACE SERIES 3 ON THE BOARDWALK IN THE RESORT AREA 4 5 WHEREAS, the City received a request for a franchise agreement to conduct a 6 series of 5K race events on the Boardwalk once a week during the summer months 7 ("Race Events"); and 8 9 WHEREAS, J&A Racing Foundation, Inc. ("J&A Racing") is proposing to conduct 10 the Race Events on each Wednesday of the month, beginning on June 22, 2016 and 11 ending on August 10, 2016, between 8:00 am and 10:00 am; and 12 13 WHEREAS, the Race Events will take place entirely on the Boardwalk; and 14 15 WHEREAS, the Boardwalk will remain open to the public during the Race 16 Events; and 17 18 WHEREAS, the Race Events will begin on the Boardwalk at 31st Street and will 19 continue south to 14th Street, and will then return along the Boardwalk to 31St Street; 20 and 21 22 WHEREAS, J&A Racing estimates that each Race Event will attract about 100 23 participants; and 24 25 WHEREAS, the Race Events will be promoted to resort guests and visitors 26 seeking physical activity during their vacation and will also be used to promote other 27 races sponsored by J&A Racing; and 28 29 WHEREAS, the Race Events will provide an additional amenity to visitors with an 30 active lifestyle; and 31 32 WHEREAS, the Strategic Growth Area Office recommends that J&A Racing be 33 granted a franchise agreement for the term of June 22, 2016 through August 10, 2016, 34 to operate the Race Events. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH: 38 39 That the City Council hereby grants a franchise agreement to J&A Racing 40 Foundation, Inc. for the period of June 22, 2016 through August 10, 2016 to conduct a 41 series of 5K races on the Boardwalk on each Wednesday of the month from 8:00 am 42 until 10:00 am, subject to the terms and conditions of-the franchise agreement and all 43 applicable ordinances, resolutions and regulations and such other terms and conditions 44 deemed necessary and sufficient by the City Manager and in a form approved by the 45 City Attorney. 46 Adopted by the City Council of Virginia Beach, Virginia on this day of 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ,"( e' &,-- l i Strategic Growth Area Office City Attorney's Office CA13749 R-2 May 25, 2016 Summary of Terms Franchise Agreements for 5K Race Series on the Boardwalk in the Resort Area Franchisee: J&A Racing Foundation, Inc. ("J&A Racing") Nature of Franchise: Operate 5K Race Series on the Boardwalk in Resort Area ("Race Events") Location: On the Boardwalk between 31' Street and 14th Street("Premises") Term: Every Wednesday from 8:00 a.m. until 10:00 a.m,June 22, 2016 through August 10, 2016 Franchise Fee: $1500 for the term Non-Exclusive Franchise: The City is authorized to grant other franchises in the subject area. Operational Criteria: The Agreement stipulates: a. Grantee shall not block pedestrian traffic on the Premises during the Race Event. b. The Premises (Boardwalk) shall remain open to the public during the Race Events. c. Grantee shall not place tents or sell products on the Premises during the Race Events. d. Grantee shall submit a race operational, security and inclement weather plan to the City for review and approval prior to June 15, 2016 ("Operational Plan"). e. Grantee shall adhere to the Operational Plan approved by the City. f. Grantee shall provide one portable ADA restroom facility g. Grantee shall install a minimum of 3 waste disposal containers and 3 recycling containers on the Premises. h. Grantee shall remove all temporary structures, including waste disposal containers and recycle containers, and clean all City property by 10:00 am on each day of the Race Event. Hold Harmless: Franchisee indemnifies and holds harmless the City for loss and liability. Insurance: $1,000,000 combined single limits. Termination: City may terminate agreements with or without cause. tiniu Beaeh 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 AlternativeEconomic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Appeals Encroachment Request Rezoning Certificate of Floodplain Variance AppropriatenessStreet 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 fl Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or I OR CITY USE ONLY/Alt(Its(losur(s mtot b t11)(1,1h,(1 tv,o (.'r prior ati}7 Page 1 of 4 itA Council mottriothlt tin Ell APPLICANT NOTIFIED OF IIUARING 1.)At 0 NO CIIANGES AS OF DA1 0 REVISIONS SURNIITTED DAIL 9j Virrginia i each 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) i\ANtYUP �. �4 e fres,d - ` f 4) - S,-,) ery\-) ,? -. (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes] and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. " i inia Reach 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities," See State and Local Government Conflict of Interests Act, Va. Code § 2.2.3101. 4 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the bject of the application or any business o pep rating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES1 [ NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of pa,f, your tax return 1S,A.-e,5 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) Construction Contractors El19 Engineers / Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. flti Virginia Beach Financing (include current mortgage holders and lenders i OUI-)C selected or being considered to provide financing for acquisition or construction of the property) 13?]. Legal Services ,-tdeve 106.. .„ Real Estate Brokers / Agents for El P. current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development El 9:1 contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meetins of an sublic bod or committee in connection with this As elication. 1YLA5-)-1(ft, A ICANT'S SIGNATURE PRINT N E DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. " c* wt'8�,�r i` CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Establishing an Ad Hoc Committee to Assist Residents with Paying Their City Services Bill MEETING DATE: June 7, 2016 • Background: The City's Public Utilities and Public Works departments provide storm water, solid waste collection, water supply, and sanitary sewer service to City residents and send residents a consolidated bill ("City Services Bill") with charges for those services. The City Services Bill is currently sent on a bimonthly basis, and because it is a bill for multiple services, many low-income, unemployed and underemployed residents struggle to pay the bill on time. Failure to pay the bill in a timely manner results in a late fee, and failure to pay by the delinquent notice due date results in an additional delinquent fee and the loss of water service until the bill is paid. The City Council would like to identify and implement measures to assist residents who struggle to pay the City Services Bill, and this resolution will establish a citizen advisory committee—the City Services Bill Affordability Ad Hoc Committee—to explore and recommend potential changes, improvements, and solutions to assist these residents. • Considerations: The committee will consist of: a chairperson appointed by City Council; a Virginia Beach resident with accounting or financial expertise; a representative of a nonprofit that provides assistance to Virginia Beach residents in need; an individual with experience in assisting lower income individuals with financial planning and budgeting; a representative of the Human Rights Commission; a representative of the Mayor's Commission on Aging; the deputy city manager who oversees the departments of Public Utilities, Public Works and Management Services; up to three additional Virginia Beach residents; and a City Council liaison. A member of the City Attorney's Office will advise the committee; a representative of the Management Services Department will provide staff support; and the City Manager will assign an additional staff member to take minutes and provide logistical support. The committee will identify public- and private-sector resources, as well as potential changes to the billing process and the calculation of certain fees. The ccmmittee will report back to City Council with its findings and recommendations no later than the last City Council meeting in December. • Public Information: Public information will ,be provided through the normal Council agenda process. ■ Attachments: Resolution Requested by Councilmember Kane REQUESTED BY COUNCILMEMBER KANE 1 A RESOLUTION ESTABLISHING AN AD HOC 2 COMMITTEE TO ASSIST RESIDENTS WITH PAYING 3 THEIR CITY SERVICES BILL 4 5 WHEREAS, the City's Public Utilities and Public Works departments provide 6 storm water, solid waste collection, water supply, and sanitary sewer service to City 7 residents and send residents a consolidated bill ("City Services Bill") with charges for 8 those services; 9 10 WHEREAS, the City Services Bill is currently sent on a bimonthly basis, and 11 because it is a consolidated bill for multiple types of services, many low-income, 12 unemployed and underemployed residents struggle to pay the bill on time; 13 14 WHEREAS, failure to pay the bill in a timely manner results in a late fee, and 15 failure to pay by the delinquent notice due date results in an additional delinquent fee 16 and the loss of water service until the bill is paid; 17 18 WHEREAS, the City Council would like to identify and implement measures to 19 assist residents who struggle to pay the City Services Bill. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 1. That the City Council hereby establishes the City Services Bill Affordability 25 Ad Hoc Committee. 26 27 2. That the committee shall serve in an advisory capacity to City Council, 28 and City Council shall appoint its members. 29 30 3. That the committee shall consist of: 31 32 • A chairperson appointed by City Council; 33 • A Virginia Beach resident with accounting or financial expertise; 34 • A representative of a nonprofit that provides assistance to Virginia 35 Beach residents in need; 36 • An individual with experience in assisting lower income individuals 37 with financial planning and budgeting; 38 • A representative of the Human Rights Commission; 39 • A representative of the Mayor's Commission on Aging; 40 • The deputy city manager who oversees the departments of Public 41 Utilities, Public Works and Budget and Management Services; 42 • Up to three additional Virginia Beach residents; and 43 • One City Council liaison. 44 45 4. That although the City Council will appoint the chairperson, the committee 46 may elect any additional officers they conclude would assist them in carrying out their 47 work, and in the event of a vacancy in the office of chairperson, the committee may 48 elect a new chairperson. 49 50 5. That the City Attorney shall assign an attorney to advise the committee, 51 and the City Manager shall ensure that the committee receives adequate staff support, 52 to include a representative of the Management Services Department and a staff 53 member to take minutes and provide logistical support. 54 55 6. That the goal of the committee shall be to make recommendations to City 56 Council to assist residents who struggle to pay the City Services Bill by identifying 57 public- and private-sector resources, as well as potential changes to the billing process 58 and the calculation of certain fees. 59 60 7. That the committee shall report back to City Council with its findings and 61 recommendations no later than the last City Council meeting in December. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2016. APPROVED AS TO LEGAL SUFFICIENCY: ozgOd-€;‘ City Attorney's Offic CA13747 R-2 May 27, 2016 re "` h }J * sD i L� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds Resulting from the Ninth Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception and to Authorize Three Donations MEETING DATE: June 7, 2016 • Background: On May 10, 2016, the Virginia Beach Development Authority (VBDA) and the Department of Economic Development (DED) hosted the ninth annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception at Virginia Beach National Golf Club. The Golf and Reception event is a lead-in to the Commonwealth of Virginia's Business Appreciation Month, which is typically celebrated annually during May to recognize the invaluable contributions that Virginia Beach businesses make to support our excellent economy and high quality of life. The invitation list included over 800 Virginia Beach business and industry executives, real estate agents, developers, brokers, architects, engineers, consultants (joined by members of the VBDA and DED). This charitable fund-raising event donates a portion of the private sector proceeds to three local charities encompassing job skills for special needs adults, instruction for children, and community awareness. This year the three charities are: The Children's Hospital of the King's Daughters Health Center and Urgent Care, The Entrepreneurship and Business Academy at Kempsville High School, and The Sister Cities Association of Virginia Beach. This exciting event generated $15,000 in monies to be allocated equally for the benefit of the above referenced organizations. • Considerations: Approval will allow the City to accept a check from the VBDA, appropriate it in the FY 2015-16 Operating Budget of the Department of Economic Development, and then donate the funding received to the above charities for use within the City of Virginia Beach. • Public Information: Public information will be handled through the normal Council agenda process. • Recommendations: Approval of the attached ordinance • Attachment: Ordinance Recommended Action: Approval Submitting D. -a ment/Agency: Economic Developmen City Manage . 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 RESULTING FROM THE NINTH ANNUAL VIRGINIA 3 BEACH BUSINESS APPRECIATION CHARITY GOLF 4 CLASSIC AND NETWORKING RECEPTION AND TO 5 AUTHORIZE THREE DONATIONS 6 7 WHEREAS, on May 10, 2016 , the Virginia Beach Development Authority and the 8 Department of Economic Development hosted the ninth annual Virginia Beach Business 9 Appreciation Charity Golf Classic and Networking Reception at the Virginia Beach 10 National Golf Club, which generated $15,000 that can be donated to local charitable 11 programs. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA, THAT: 15 16 1. $15,000 is hereby accepted and appropriated from the proceeds generated by 17 the ninth annual Virginia Beach Business Appreciation Charity Golf Classic and 18 Networking Reception held on May 10, 2016 at Virginia Beach National Golf Club to the 19 FY 2015-16 Operating Budget of the Department of Economic Development, with 20 estimated revenues increased accordingly, for purposes of donation to three local 21 charitable programs; and 22 23 2. $15,000 will be donated in the amount of $5,000 each, to the following three 24 organizations: The Children's Hospital of the King's Daughters Health Center and 25 Urgent Care, The Entrepreneurship and Business Academy at Kempsville High School, 26 and The Sister Cities Association of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1110:AKI) C Budget and Management Services City Attor 's Office CA13750 R-1 May 23, 2016 { n Z [ 1",;143. , S °I/ l'' 11 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute an Amendment to the Agreement between the City of Virginia Beach and Kempsville Borough Boys Baseball, Inc. MEETING DATE: June 7, 2016 • Background: On April 22, 2014, by Ordinance ORD-3345F, City Council accepted the donation of a life-size bronze sculpture (the "Sculpture") from Kempsville Borough Boys Baseball, Inc. (a/k/a Kempsville Pony Baseball) ("KPB") commemorating the 50-year history of Pony baseball played in the Kempsville area of the City of Virginia Beach (the "City"). The Sculpture is currently located at the Kempes Landing Park. KPB and the City entered into an agreement setting forth the terms and conditions related to the maintenance and repairs of the Sculpture (the "Agreement"). The Agreement required that KPB perform all maintenance and repairs of the Sculpture and related elements, including pavers and lighting. KPB now desires to amend the Agreement to require that the City be responsible for all necessary repairs to the Sculpture. • Considerations: The City would accept responsibility for the repairs of the Sculpture, and KPB would continue to perform routine maintenance and cleaning of the Sculpture. KPB would remain responsible for maintenance and repair of all the related elements, including the pavers and lighting. If KPB fails to perform routine maintenance of the Sculpture so that it becomes unsuitable for public display, the City would have the right to remove the Sculpture and any of the related elements or make repairs. The City would continue to have the right to relocate the Sculpture and related elements at its sole discretion. City staff believes that as long as routine maintenance is performed on the Sculpture, it is unlikely that the Sculpture will require repair in the future. Should repair become necessary and desirable, the funding source for such repair would be identified at that time, subject to appropriation. • Public Information: Advertisement of City Council Agenda. • Alternatives: Approve the amendment as presented, deny approval of the amendment, or modify the amendment as desired by City Council. • Attachments: Ordinance Summary of Terms Disclosure Statement Picture of Sculpture Recommended Action: Approval Submitting Dep• ment/Agency: Office of Cultural Affairs ti\ASI'\ City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AN AMENDMENT TO 3 THE AGREEMENT BETWEEN THE CITY OF 4 VIRGINIA BEACH AND KEMPSVILLE BOROUGH 5 BOYS BASEBALL, INC. 6 7 WHEREAS, on April 22, 2014, by Ordinance ORD-3345F, City Council accepted 8 the donation of a life-size bronze sculpture of a young baseball player entitled "Good 9 Game" (the "Sculpture"), and authorized the City Manager to execute an Agreement 10 between the City of Virginia Beach (the "City") and Kempsville Borough Boys Baseball, 11 Inc. (a/k/a Kempsville Pony Baseball) ("KPB") relating to the acceptance, maintenance 12 and repair of the Sculpture and related elements; 13 14 WHEREAS, the Agreement required KPB to maintain, clean and repair the 15 Sculpture and all related elements, including pavers and lighting; 16 17 WHEREAS, KPB has requested an amendment to the Agreement, wherein the 18 City would make necessary repairs to the Sculpture within a reasonable period of time; 19 20 WHEREAS, KPB would continue to be responsible for all maintenance and 21 cleaning of the Sculpture, and would be responsible for maintenance and repair to all 22 related elements, including pavers and lighting; 23 24 WHEREAS, the City would continue to have the right to relocate the Sculpture or 25 remove the Sculpture if it becomes unsuitable for display on public property; and 26 27 WHEREAS, City staff has reviewed the proposed amendment to the Agreement 28 and recommends that the City accept responsibility for repairs to the Sculpture, subject 29 to appropriation of funds. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 34 1. That the City Manager or his designee is authorized to execute an 35 amendment to the Kempsville Pony Baseball Artwork Maintenance Agreement, in 36 accordance with the Summary of Terms, attached hereto as Exhibit A, and made a part 37 hereof, and such other terms, conditions or modifications as may be acceptable to the 38 City Manager and in a form deemed satisfactory by the City Attorney. 39 40 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 41 of , 2016. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM PO 1 LI J(17) City Attorney Office of Cu u al Affairs CA13596 \\vbgov.com\DFS 1\Applications\CityLaw Prod\cycom32\W pdocs\D001\P018\00278057.doc R-1 April 21, 2016 EXHIBIT A SUMMARY OF TERMS Amendment to Kempsville Pony Baseball Artwork Maintenance Agreement Parties: City of Virginia Beach ("City") Kempsville Borough Boys Baseball, Inc. a/k/a Kempsville Pony Baseball ("KPB") Purpose: Amend the terms of the Agreement regarding repairs to the "Good Game" Sculpture located at the Kempes Landing Park • Current Terms: o KPB, at its sole cost and expense, is responsible for any and all routine maintenance to be performed on the Sculpture per the artist's recommendation, as well as all cleaning, repairs or replacement as necessary, in perpetuity. o In the event any portion of the Sculpture requires repair or replacement, and KPB (i) fails to make necessary repairs and/or replace the Sculpture within a reasonable period of time, or (ii) fails to maintain the Sculpture so that the Sculpture is no longer suitable for display on public property, the City reserves the right to remove the Sculpture. In the event of such removal, the City agrees to return the Sculpture to KPB or dispose of the Sculpture if KPB refuses to take possession of the Sculpture. • Amended Terms: o KPB shall remain responsible for any and all routine maintenance and cleaning to be performed on the Sculpture per the artist's recommendation, including waxing (at least on a yearly basis) and conservation work as needed. o In the event any portion of the Sculpture requires repair beyond the routine maintenance performed by KPB, the City agrees to make the necessary repairs within a reasonable period of time, subject to appropriation of funds. If KPB fails to maintain the Sculpture in a condition acceptable to the City, in its sole discretion, the City reserves the right to remove the Sculpture and return it to KPB, or dispose of the Sculpture if KPB refuses to take possession. ■ All other terms and conditions set forth in the Agreement are unchanged and remain in full force and effect. 1 NB kEMPsvu ,E Virginia Beach APPLICANT'S NAME__EoN4 B .aeL4/L l0a) 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 ❑ i; ,z3 NO'It1 ^h 0 , ), .,. f 0 1 ' li , liI:^,I i /7/3 Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. XCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. I Pg Is A NONpapAr Okr41,412.44-104) . (A) List the Applicant's name:_ E'SVILLe._krKll _USfBALL CeP,) If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) N AA 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. Wi. 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:_c int_ IiigA ttlIA_$E, . If an LLC, list the member's names:____ Page 2 of 5 V/I3 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) NM (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) N/A "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 Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ Accounting and/or preparer of your tax return ❑ Architect/ Landscape Architect/ Land Planner Contract Purchaser (if other than ❑ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ Lig 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) ❑ E Legal Services Real Estate Brokers / ❑ +� Agents/Realtors for current and anticipated future sales of the subject property �. � 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 1E1N. 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 .11/4B 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. &allt<) FRANIc eft2E,e° (F re ,4124,fity APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 "GOOD GAME" — Bronze Sculpture a4ff 4. OiU VIRGINIACITY BEACH AGENDA ITEM ITEM: An Ordinance 1) Modifying a Condition and 2) Extending the Date for Satisfying the Conditions in the Matter of Closing a 5,573 Sq. Ft. Portion of an Unimproved Right-of-Way Known as Circle Lane MEETING DATE: June 7, 2016 • Background: On December 9, 2014, by Ordinance ORD-3387D, City Council approved the request by Thomas C. McKee and Lisa D. McKee (collectively, the "Applicant") to close an unimproved 5,573 Sq. Ft. (0.128 acre) portion of Circle Lane between Cedar Point Road and Hill Road. • Considerations: There were five conditions to the approval of the street closure: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. Said subdivision plat shall substantially conform to Exhibit A attached to the Ordinance, and must include the dedication of a 20-foot drainage easement within the right-of-way closure area, subject to the approval of the Department of Public Works and the City Attorney's Office, which easement shall include a reasonable right of ingress and egress. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The Applicant shall dedicate the necessary easements for any City utilities located within the right-of-way closure area, subject to the approval of the Department of Public Utilities and the City Attorney's Office, which easements shall include a reasonable right of ingress and egress. 4. The Applicant shall verify that no private utilities exist within the right-of- way proposed for closure. Preliminary comments from the utility companies and the City's utility agencies indicate there are or may be utilities, including a private water service line, within the right-of-way proposed for closure. If utilities do exist, easements satisfactory to the utility companies and/or the property owner benefitting from the private water service line must be provided. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way, this approval shall be considered null and void. On November 5, 2015, the Applicant requested additional time to satisfy the conditions set forth in Ordinance ORD-3387D. Staff concluded that the request for additional time was reasonable, and City Council approved the extension until June 8, 2016 by Ordinance ORD-3433F. While satisfying the conditions, a question arose as to the necessity of a 20' wide drainage easement as required by Condition 2. Staff re-evaluated this condition and determined that Condition 2 should be deleted and replaced with the following: 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. Said subdivision plat shall substantially conform to Exhibit A attached to the Ordinance, and must include the dedication of a 20 foot wide (or less, if a lesser width is deemed sufficient by the Department of Public Works) drainage easement within the right-of-way closure area, subject to the approval of the Department of Public Works and the City Attorney's Office, which easement shall include a reasonable right of ingress and egress. The plat must be submitted and approved for recordation prior to final street closure approval. On May 25, 2016, the Applicant requested additional time to satisfy the conditions set forth in Ordinance ORD-3378D, including modified Condition 2 stated herein. Staff concluded that granting another extension of time to satisfy the conditions, including modified Condition 2, is reasonable. • Recommendations: Allow an extension of 6 months for satisfaction of the conditions. • Attachments: Ordinance Location Map Disclosure Statement Form Recommended Action: Approval. Submitting De. . : t/Ag-ncy: Planning Departmen$, Ili/ City Manager: ' ijj� 1 AN ORDINANCE 1) MODIFYING A 2 CONDITION AND 2) EXTENDING THE DATE 3 FOR SATISFYING THE CONDITIONS IN THE 4 MATTER OF CLOSING A 5,573 SQ. FT. 5 PORTION OF AN UNIMPROVED RIGHT-OF- 6 WAY KNOWN AS CIRCLE LANE 7 8 WHEREAS, on December 9, 2014, the Council of the City of Virginia Beach 9 acted upon the application of Thomas C. McKee and Lisa D. McKee (collectively, the 10 "Applicant"), for the closure of an unimproved 5,573 Sq. Ft. (0.128 acre) portion of Circle 11 Lane between Cedar Point Road and Hill Road; 12 13 WHEREAS, City Council adopted an Ordinance ORD-3387D to close the 14 aforesaid right-of-way, subject to certain conditions being met on or before December 8, 15 2015; 16 17 WHEREAS, on November 5, 2015, the Applicant requested an extension of time 18 to satisfy the conditions to the aforesaid street closure action and, by Ordinance ORD- 19 3433F, City Council approved the extension until June 8, 2016; 20 21 WHEREAS, while satisfying the conditions, a question arose as to the necessity 22 of a 20' wide drainage easement required in Condition 2 by Ordinance ORD-3387D; 23 24 WHEREAS, staff determined that Condition 2 should be modified to omit the 25 stated width of the drainage easement; 26 27 WHEREAS, on May 25, 2016, the Applicant requested an additional extension of 28 time to satisfy the conditions of the aforesaid street closure, including modified 29 Condition 2 as stated herein; 30 31 WHEREAS, staff recommends that an additional six (6) month extension be 32 approved. 33 34 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 35 Beach, Virginia: 36 37 1. That Condition 2 is hereby deleted and replaced with the following: 38 39 "2. The Applicant shall resubdivide the property and vacate internal 40 lot lines to incorporate the closed area into the adjoining parcels. Said 41 subdivision plat shall substantially conform to Exhibit A attached to the 42 Ordinance, and must include the dedication of a 20 foot wide (or less, if a 43 lesser width is deemed sufficient by the Department of Public Works) 44 drainage easement within the right-of-way closure area, subject to the 45 approval of the Department of Public Works and the City Attorney's Office, 46 which easement shall include a reasonable right of ingress and egress. 47 The plat must be submitted and approved for recordation prior to final 48 street closure approval." 49 2. That the date for meeting Conditions 1, 3, 4 and 5 of the street 50 closure, as stated in the Ordinance adopted on December 9, 2014 (ORD-3387D), 51 and modified Condition 2, as stated herein, is extended to December 8, 2016. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 54 of , 2016. 55 56 GPIN: Right-of-way/ No GPIN assigned 57 Adjacent to GPINs: 2418-67-2070 and 2418-67-2141 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: L&t(t� 4 Gub,ici.) 41111 ..�..i '1 City Attorney �'''. ning Depa m= t CA13608 \\vbgov.com\DFS 1\Applications\CityLawProd\cycom32\W pdocs\D012\P016\00060960.DOC R-1 May 31, 2016 2 2 en ir , NOTES. miaow' sa, Ru t4s Leo; S go alto Tu 9404 14 ANAVTR op \ - 1.... oa a. 7. P. 160 .cx PROPOSID 14C4P-CF-40i AMIE MO • (L. mornillitt or'K AWAD4010 4t010 m .--4=----- -1111,..........—,.., fiCIALARLS)3 Kr *UM rya go ve .'31111.1t 14"apiiM WAIr WI - ERIC GAMER ir 2 A Mt )0.PT 0AS AAA *EA 4040 14 111 6 dr ro4S PR311111Y PRO ) c-,.07( , ijoil , SIIE-E Orw GP* 24111-66-1913 LAVE i /4.0 sus, (iii 94 P 311`) N'aro r 7 I i pm Or IVIE-I2 Manuel '-', ws. 241.8-61-1105 ill_ (KB 14, P 44) 0;04, i .81.48-111P I I At 24 -2604; , ..Z.Ic.k.,,z, ,0,4 20,10,1404030130044* lse .' :AMON 1 eor. 1. P. 110) 1 STE-8 i ' 8 3,Pri 2410 S6-2971 7, P. 10 1 I int-i0 r / ir put CP* 2411-67-2141 I 4 SsMI. 7 R 166 ( . ) 1-. 4/ 1141 ARP CY PROP row atmy A , 1 ,., ix frestto .k.e4 arm AMES . .7.•*low ,,,....1 -., • $ 4,• * ., • - 4 , I U 251 _, , 4.1111.11. '. ' W \ 5724. CEDAR P 0 if N T ROAD PROP RAY CEDAR .1z00/Ni . : 4, 0 f A r tme, 630' R./1.i i, (ML. /, id, <• • NALL 1".3o. SITEET closing Exiiihrf sant 1 Or 1 MA1101 20, 2014 _., , w 5,1)73 S . FT, (0.128 ACS) PORTION OF CIRCLE LANE (A rvElic R/II) \ &WINO CIIDAS PO4? ROAD WM 11111- BOO (1.1. 7, P, 14111) VIRGINIA BRACH, VIRGINIA '71:—- Tirlirorilerly for lgti°1: 4.4011 4 THOMAS OfINITOPHER McKEE & -.69A D. McKEE ativihk,imisall. 1 't 1 ,ip..IN*A 1.1,1,J. Ii. %A i Y LI .. I 7 11.4- 4 I I. , Virginia Beach DISCLOSURE STATEMENT FOR - - The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Franchise Agreement Street Closure (Historic Review Board) Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 4 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ 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 applications) ▪ APPLICANT NOTIFIED OF HEARING DATE. • NO CHANGES AS OF DATE. _ . REVISIONS SUBMITTED DATE �i Vugiuia Beath other unincorporated organization, AND THEN, complete the following:' (A) List the Applicant's name followed by the names of all officers, directors, m ers, trustees, partners, etc below: (Attach list if necessary) • 'Al. (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) IV A— . 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, m- - bers, trustees, partners, etc. below: (Attach list if necessary) LA (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 Beath 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest In the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ Er Accounting and/or preparer of your tax return ❑ Er Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ Construction Contractors Engineers /Surveyors ,1 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. a, pw� _ :, Virginia Beach Financing (include current ❑ mortgage holders and lenders !J selected or being considered to provide financing for acquisition or construction of the property) V3i 0 Legal Services Jrjij 14. R �17 Real Estate Brokers /Agents for 0 current and anticipated future sales of the subject property I SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have Edan 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. APPLI • ; SIGN•iiiRE PRINT N ME DATE !f fes' d 4i1iliii2i If• 1 NATURE / PRN AME 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. r By1 (§:4 7 ;t1, ruu F) CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Transfer Additional Funds to the Sheriff's Office FY 2015-16 Operating Budget and to Authorize a Partial Full-time Equivalent Position MEETING DATE: June 7, 2016 • Background: The FY 2015-16 Operating Budget of the Sheriff's Office requires additional funding as a result of 1) additional medical contract expenses and 2) annual and sick leave payouts. The new medical contract that took effect May 1, 2015 limits the vendor's responsibility for hospitalization costs to a $20,000 cap per inmate, per hospitalization and an aggregate cap of $400,000. Amounts beyond the cap will have to be borne by the Sheriff's Office. This has resulted in a need for $604,890 of additional funding to cover the costs passed on to the Sheriff outside of the previously appropriated contract expenses. Two inmates accounted for $237,587, or 39.3% of the additional medical costs. A 2004 Virginia Attorney General opinion addresses pre- existing conditions, and while the opinion states the general proposition that a sheriff is not required to provide medical care for a pre-existing condition, a sheriff is responsible for the costs associated with pre-existing conditions where there is a communicable disease, a serious medical need, or a life-threatening condition. Most hospitalizations fall under that umbrella. The Sheriff's Office will pursue all avenues of reimbursement from the state and will remit any such reimbursements back to the General Fund. The other reason for the needed additional funding involves payout of annual and sick leave for personnel retirements, resignations, and dismissals totaling $383,235. This amount includes $25,000 for additional part-time salaries (0.60 FTE) in an effort to reduce the workload on existing personnel due to vacancies. The combined identified needs for medical and personnel matters total $988,125. • Considerations: The additional amount needed can be provided from two identified sources. One is the remaining Reserve for Contingencies in the Sheriff's Office Operating Budget totaling $517,203. The other source is the General Fund Reserve for Contingencies, which can provide the remaining $470,922 needed. As a result of this action, it is anticipated that the Sheriff's Office's Operating Budget will be sufficient to cover all remaining expenditures through the end of the current fiscal year. • Public Information: Public information will be handled through the normal Council Agenda notification process. • Attachment: Ordinance Submitting D- •artme' Agency: Sheriff's Office City Manager: 1 1 AN ORDINANCE TO TRANSFER ADDITIONAL 2 FUNDS TO THE SHERIFF'S OFFICE FY 2015-16 3 OPERATING BUDGET AND TO AUTHORIZE A 4 PARTIAL FULL-TIME EQUIVALENT POSITION 5 6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA: 8 9 1. That $988,125 is hereby transferred to the FY 2015-16 Operating Budget of the 10 Sheriff's Office to fund additional medical contract expenses and annual and sick 11 leave payouts from the sources listed below: 12 13 a. $517,203 from Reserve for Contingencies within the Sheriff's Department 14 Special Revenue Fund. 15 16 b. $470,922 from the General Fund Reserve for Contingencies to the 17 Sheriff's Department Special Revenue Fund. 18 19 2. That a Part-time 0.60 FTE position is established to assist in workload 20 management. 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: ()) \\\ Budget and Management Servic-s City- ey's Office CA13753 R-2 May 27, 2016 11 ~ 4k-,,,, 0-.::::j CITY OF VIRGINIA BEACH AGFNDA ITFM I ITEM: An Ordinance to Transfer Funds and to Authorize Three Full-time Positions for FY 2016-17 in the Department of Housing and Neighborhood Preservation MEETING DATE: June 7, 2016 • Background: The City of Virginia Beach traditionally provides homeless services through non-profit organizations by way of City contracts. This arrangement focuses dedicated personnel and expertise on direct service delivery, and the City supports the activity. These non-profits pursue and obtain additional funding from multiple sources to help support the activities as well. However, with growing HUD requirements for consistency, quality control and central coordination of key homeless activities, and funding pressures on non-profits, two key providers have informed us that they will no longer deliver services that they previously provided. Four programs are impacted: 1 . Winter Shelter Program, which provides overnight shelter at area churches during the winter months 2. Day support services, which provides showers, laundry, and connection with key services at the Lighthouse Center for homeless singles 3. Connection Point, the City's central call center for all those who have a housing crisis or are homeless 4. Coordinated assessment, the community's standardized method for evaluating the needs of homeless persons and making appropriate referrals. The Department of Housing and Neighborhood Preservation (DHNP) is therefore proposing changes to how these services will be delivered, as follows: Winter Shelter Program: For 25 years, Volunteers of America (VOA) has operated the Winter Shelter Program as well as Day support services. Due to various factors, in March of 2016 VOA notified the City that its,,key staff member was retiring and that it would no longer operate these programs. Staff immediately sought alternative proposals for the programs, and received a proposal to operate the Winter Shelter program from an area non-profit with experience sheltering single homeless persons. We hope to enter into an agreement with this non-profit so that the program can begin again in October of this year with no break in services. Therefore, this change is only from one provider to another, and no staffing is requested. Day Support Services: DHNP received a proposal to operate this service that staff feels is not affordable. Therefore, staff proposes to combine the activities of this program with the existing Oceanfront Outreach program and operate and coordinate the program with existing funding and additional contractual staffing. A close relationship between the programs, with both operating out of the Lighthouse Center, has the potential to enhance effectiveness and reduce costs. No new funding is requested for this program, but a contractual program supervisor and support staffing will be hired using the funds previously used to pay Volunteers of America. Therefore, this change does not add costs or FTE staffing, but will use contractual staffing combined with the Outreach staff to provide a similar level of services for both functions. Connection Point: City Council provided new funding in FY 11-12 to support Connection Point, a HUD-required central call center that serves as a single point of contact for all people who are homeless or have a housing emergency. A competitive selection process in early 2011 resulted in the award of a contract to Samaritan House. Samaritan House has very capably operated the program since that time, but has declined to continue to do so because it desires to focus on its core mission of serving victims of domestic violence and homeless families. Therefore, another competitive process was initiated this spring, and a contract to operate this with For Kids, Inc., which already provides these services to Norfolk, Chesapeake and the Peninsula, is in the process of being finalized. Therefore, this change is only a change in non-profit vendors. Coordinated Assessment: City Council provided new funding in FY 14-15 to support Coordinated Assessment, a process of using a standardized assessment, referral and placement process to ensure that the most vulnerable homeless persons receive priority for assistance, are accurately evaluated so that the type of assistance they receive is appropriate to their needs, and are directly referred to and placed in available and appropriate housing. This program was also awarded to Samaritan House, and has been very capably carried out since August of 2014 by it in close coordination with all participating homeless service agencies. Virginia Beach's effective operation of this function is aligned with HUD's requirements, has helped insure continued HUD funding and resulted in more effective and quicker utilization of available housing resources. This function is now the core of our homeless services system, and will continue to be that when the Housing Resource center opens. Accordingly, staff proposes to separate this function from the call center and to make it a City function. To do this, DHNP proposes to add three FTE's, one program coordinator and two assistants, who would form the core of the operation. Any additional support staff would be hired on a contractual basis at least to start. The City will become the program operator and utilize the requested staff to operate it. This also will be funded by the funds previously used to contract with Samaritan House. • Considerations: These actions are needed in order to continue to provide key existing and ongoing homeless services. Staff has recommended a new service provision pathway for each one, as appropriate to the function and the options available. • Public Information: Regular Council agenda process. • Recommendations: Adopt the attached ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Dep. n • gency: I- . �, ;rpt • t .using and Neighborhood Preservation City Manager: 1 AN ORDINANCE TO TRANSFER FUNDS AND TO 2 AUTHORIZE THREE FULL-TIME POSITIONS FOR FY 2016- 3 17 IN THE DEPARTMENT OF HOUSING AND 4 NEIGHBORHOOD PRESERVATION 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1) That $157,837 is hereby transferred within the Department of Housing and 10 Neighborhood Preservation's FY 2016-17 Operating Budget; 11 12 2) That three full time equivalent positions are hereby established in the 13 Department of Housing and Neighborhood Preservation's FY 2016-17 14 Operating Budget; and 15 16 3) This ordinance shall be effective July 1, 2016. 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: /4' j27 L, % ev64e4 Budget a • M nagement Services City Attorney's Office CA13754 R-2 June1, 2016 Alinsey, H .s+ sy,Atp�y�bya�' ��LVvv4 CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: An Ordinance to Establish Capital Project 3-210, "Correction Center Generator Replacement Grant," to Accept and Appropriate Grant Funds and to Transfer Funds for the Replacement of a Generator at the Correction Center MEETING DATE: June 7, 2016 • Background: In April, the City was notified that it has been awarded a grant in the amount of $531,658 (federal contribution of $398,744 with local match required of $132,914) by the Federal Emergency Management Administration (FEMA). The grant, provided through the Virginia Department of Emergency Management (VDEM) Pre- Disaster Mitigation Program, is for the replacement of one of the two generators at the City's Jail. The grant match will be transferred from existing appropriations in CIP 3-056 "Public Safety Equipment Replacement Project". • Considerations: The current 300 kilowatt generator, which is approximately 25 years old, is being replaced with a 500 kilowatt generator. This generator serves Buildings A and B of the Correctional Center. Building C is supported by a 1,000 kilowatt generator that is approximately 12 years old. With the existing generators, during a power outage the 1,000 kilowatt generator provides full-house power to Building C. Buildings A and B have only partial power, which adversely impacts the ability to house inmates in buildings A and B for any length of time. By increasing from a 300 kilowatt to a 500 kilowatt generator, building B will also be supported with full-house power. Although building A will still only have partial power, the increase provided by a 500 kilowatt generator will enable both buildings B and C to operate during an extended power outage • Public Information: Public information will be coordinated through the City Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting De l: m, • Agency: Virginia Beach Sheriff's Office / Public Works PhO City Manager: .j 1 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT 3- 2 210, "CORRECTION CENTER GENERATOR 3 REPLACEMENT GRANT," TO ACCEPT AND 4 APPROPRIATE GRANT FUNDS AND TO TRANSFER 5 FUNDS FOR THE REPLACEMENT OF A GENERATOR AT 6 THE CORRECTION CENTER 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 The FY 2015-16 Capital Improvement Program is hereby amended as follows: 12 13 1. CIP 3-120 "Correction Center Generator Replacement Grant" is hereby 14 created; 15 16 2. $398,744 from the Federal Emergency Management Agency is hereby 17 accepted and appropriated, with estimated federal revenue increased 18 accordingly, to CIP 3-120; and 19 20 3. $132,615 is hereby transferred from CIP 3-056 "Public Safety Equipment 21 Replacement Project" to CIP 3-120. 22 23 Adopted by the Council of the City of Virginia Beach, Virginia on the day 24 of , 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services Ci y A ey' : 'ice CA13748 R-1 May 20, 2016 K. PLANNING 1. DACOR, LLC for a Subdivision Variance to Section 4.4 (b) of the Subdivision Regulations re subdivide lot at Ferry Point Road and West of Indian River Road DISTRICT 1—CENTERVILLE RECOMMENDATION: APPROVAL 2. OCEAN RENTAL PROPERTIES, LLC for a Special Exemption for Alternative Compliance to the Oceanfront Resort District Form-Based Code re two row houses and one detached house at 514 and 528 21st Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. BEACH BOROUGH DEVELOPMENT,LLC for a Modification to a Nonconforming Use re change a four-unit building to three units within two buildings - one duplex and one single family dwelling at 403 33rd Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. KING FARMS, LLC/PAMELA and STEVEN GRAY for a Modification of Proffers of a Conditional Rezoning(approved March 3, 2015) re adjustments of the front yard setbacks at 2852 and 2876 West Neck Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 5. PHIL BONIFANT for a Modification of Conditions to a Conditional Use Permit"Country Inn" (approved December 9, 2003) and a Conditional Use Permit for assembly use at 2244 and 2252 Indian River Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 6. DIRECT INDEPENDENCE GROUP, LLC for a Conditional Change of Zoning from 0-2 Office District to Conditional B-2 Community Business District at 449, 457 and 465 Independence Boulevard DISTRICT 2-KEMPSVILLE RECOMMENDATION: APPROVAL 7. FARMHOUSE, LLC: a. Conditional Change of Zoning from 0-2 Office District to Conditional B-2 Community Business b. Conditional Use Permits re craft brewery, assembly use and open air market at 1805 Kempsville Road DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 8. VIRGINIA BEACH TRAVEL SOCCER/COLONIAL SELF-STORAGE, LP re Buckner Boulevard and Holland Road: a. Conditional Use Permit re indoor recreation facility b. Floodplain Variance DISTRICT 3—ROSE HALL RECOMMENDATION: APPROVAL 9. LEONARD ALUMINUM BUILDINGS, INC./ FAYE W. FORBES, ET AL. for a Conditional Use Permit re motor vehicle sales and rental and bulk storage yard at 980 South Military Highway DISTRICT 1—CENTERVILLE RECOMMENDATION: APPROVAL 10. JOSEPH J.ARZILLO for a Conditional Use Permit re automobile repair garage at 3476 Chandler Creek Road DISTRICT 3—ROSE HALL RECOMMENDATION: APPROVAL 11. BRENTON RODGERS/ACT B PARTNERS for a Conditional Use Permit re tattoo parlor at 2973 Shore Drive, Suite 108 DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 12. CITY OF VIRGINIA BEACH: a. Ordinance to AMEND Section 1.5 of the Site Plan Ordinance (Appendix C)re definition of a Dwelling Unit b. Ordinance to AMEND Section 203(b)(5) and Section 204(d) of the City Zoning Ordinance re Illumination onto Adjacent Parcels RECOMMENDATION: APPROVAL NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chambers of the City Hall Building. Municipal Center, Virginia Beach, Virginia, on Tuesday, June 7.2016 at 6:00 p.m..at which time the following applications will be heard: DISTRICT 1-CENTERVILLE LEONARD ALUMINUM BUILDINGS, INC.,FAYE W. FORBES Conditional Use Permits (Motor Vehicle Sales&Rental,Bulk Storage Yard)980 South Military Highway(GPIN 1456132135) DISTRICT 2-KEMPSVILLE DACOR. LLC Subdivision Variance to Section 4.4 (b) of the Subdivision Regulations. Northwest side of Ferry Point Road. west of Indian River Road(GPIN 1465097091) DISTRICT 3-ROSE HALL JOSEPH J. ARZILLO Conditional Use Permit (Automobile Repair Garage) 3476 Chandler Creek Roxl(GPIN 1485933667) DISTRICT 6-BEACH OCEAN RENTAL PROPERTIES, LLC Special Exception for Alternative Con-pliance to the Oceanfront Resort District FornrBased Code. 514 &528 21st Street(GPINs 2417988073, 24179779291 DISTRICT 5 LYNNHAVEN BRENTON RODGERS,ACT B PARTNERS Conditional Use Permit (Tattoo Parlor)2973 Shore Drive Suite 108(GPIN 1499197796) DISTRICT 7-PRINCESS ANNE KING FARMS, LLC/KING FARMS, LLC & PAMELA K. & STEVEN A. GRAY Modification of Proffers to a Conditional Change of Zoning approved by City Council on March 3.2014. East side of West Neck Road across from The Villages at West Neck (GPINs 1493969675; 2403056472,1493959189,1493966386, 2403048740) DISTRICT 2-KEMPSVILLE FARMHOUSE LLC Conditional Change of Zoning from 0-2 Office to Conditional B-2 Community Business: Conditional Use Permits ;Craft Brewery, Assembly Use & Open Air Market)1805 Kempsville Road(GPIN 1455922961, DISTRICT 7-PRINCESS ANNE PHIL BONIFANT Modification of Conditions to a Conditional Use Permit (Country Inn) approved by City Council on December 9, 2003. Conditional Use Permit(Assembly Use) 2244 and 2252 irdian River Road(GPINs 2403419483.2403418534) DISTRICT 2-KEMPSVILLE DIRECT INDEPENDENCE Conditional Change of Zoning from 0-2 Office to Conditional B•2 Community Business District. 449, 457 & 465 Independence Boulevard (GPINs 147 65944 53, 14 76595337.1476596300) DISTRICT 3-ROSE HALL VIRGINIA BEACH TRAVEL SOCCER/CONDITIONAL SELF-STORAGE, LP Conditional Use Permit (Indoor Recreation Facility): Floodplain Variance to Section 4.10.6.2 of the Floodplain Ordinance.North side of Bickner Boulevard,west of Holland Road[GPIN 1495062871) DISTRICT 6-BEACH BEACH BOROUGH DEVELOPMENT, LLC Change in a Nonconforming Use (Change from a fourunit building to three units - one duplex. one single family dwelling)403 33rd Street (GPIN 2418924767r CITY OF VIRGINIA BEACH An Ordinance to Amend Section 1.5 of the Site Plan Ordinance (Appendix C)pertaining to the definition of a Dwelling Unit. CITY OF VIRGINIA BEACH An Ordinance to Amend Section 203(b)(5i AND Section 204 (d) of the City Zoning Ordinance pertaining to Illumination onto.Adjacent Parcels. All interested parties are invited to attend. Ruth Hodges Fraser,MMC City Clerk Copies of the proposal ordin:rtes, resolutions aril amendments are on file and may be examined in the Department of Planning or online at http..'wwev.vbgov.com/pc For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. BEACON .SRAY 22&29.2016 - ' '.N1 1 ‘ --.7.---j '/ , , , ,/ 1----,„,,----6;7-, .,. / ii. f.,.. 71, _7/ 4% '', '- '--.'".\•.-4' 'Ce ------1 Clit ) k 7-/----, ,. .,. -,..., / / . . _ .., , _(-........,.,, ,...„ ......, , . if ..,.. ,c---) 4111":41446 . I 4111P e ",,,,,,,„ '')../21 r -.., .,,.„,,/ i , e fol a* t'i,,,, 1-.... -.,/ , 0 4 0, 4(7 Ti''.....Ca to I Ct //I ')'' / / , , / /"-----, -,-. 0415‘44C.' Vy . �I.1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DACOR, LLC [Applicant/ Owner] Subdivision Variance to Section 4.4 (b) of the Subdivision Regulations. Northwest side of Ferry Point Road, West of Indian River Road (GPIN 1456097091). COUNCIL DISTRICT—CENTERVILLE MEETING DATE: June 7, 2016 • Background: The request is to subdivide the subject parcel into two lots. Minimum required lot width for parcels zoned R-5D is 50 feet. Proposed parcel 6A-1 is a "flag lot" with a lot width of approximately 20 feet, necessitating a Subdivision Variance. • Considerations: Based on the consensus of the surrounding property owners, it is the intent of the applicant to construct a single-family dwelling on Parcel 6A-1, rather than a duplex. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached staff report. Opposition was present at the Planning Commission Public Hearing and indicated that the property should be developed with a duplex. • Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The property shall be subdivided and developed in substantial compliance with the submitted subdivision plan. 2. To provide visual and physical separation, a minimum of Category 1 Landscaping Screening shall be planted on Lot 6A-1, adjacent to and for the width of the front lots 6B and 6C. 3. Fencing on Lot 6C shall not extend beyond the front façade of the proposed single-family dwelling. Fencing on Lot 6A-1 shall not extend eastward beyond the rear lot line of Lot 6C. 4. To provide visual separation between lot 6A-1 and the lot to the north, the driveway shall be setback a minimum of 5 feet from the northern lot line. Medium canopy trees shall be planted in this setback for no less than the first 120 feet of the lot. Dacor, LLC Page 2of2 5. Address placards for the duplex dwelling units proposed on Lot 6A-1 shall be located no further than 20 feet from the improved surface of Ferry Point Road. Said placards shall be mounted on sturdy residential materials and be visible from the public right-of-way at all times. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends denial. Planning Commission recommends approval. Submitting Dep. ment/Agency: Planning Department City Manager: Applicant/Property Owner Dacor, LLCNIB Agenda Item Public Hearing April 13, 2016 City Council Election District Centerville D2 Virginia Beach Requests Subdivision Variance To Section 4.4(b) of the Subdivision Regulations �o ff'/ ,o R-5r Staff Planner rI Kristine Gay 0 a Locationl''''''''''''''',....,. 49 Northwest side of Ferry Point Roads West of Indian River !'`/ o GPIN k� 14650970910000 Site Size 6r�fi'i 32,459 SF t) AICUZ i Coo Less than 65 dB DNL 7 Existing Land Use One single-family dwelling Surrounding Land Uses and Zoning Districts " ` , 's '0. North ,,. ' 4 ,, ., Vacant and single-family dwellings/ R 5D l Residential / South ` Single-family dwellings/ R-5D Residential • ',..7.11"- East 4' 4 ,► Ferry Point Road `Z , a p Single-family dwellings/ R-10 Residential :; , West i 4t ''',„4., Church Parking Lot/ R-5D Residential / i ' r , w Dacor, L.L.0 Agenda Item D2 Page 1 Background and Summary of Proposal • This item was deferred from the March Planning Commission agenda to give the applicant's representative time to meet with the neighborhood. Since meeting with the New Light Civic League,that applicant has submitted a new site plan showing only one single-family home on the rear lot. Originally, a duplex was proposed on the rear lot. • The subject site, Parcel 6A, is zoned R-5D Residential Duplex District.The lot was subdivided in 2015 and has a lot width of 74.32' and a lot area of 32,459 square feet. When Parcel 6A was created, development was limited to one single-family dwelling because the required lot width of 75' for a duplex dwelling was not met. Parcel 6A can currently be developed with only one single-family dwelling. • The applicant would like to subdivide Parcel 6A into two lots. With a lot width of 50' and a lot area of 6,480 square feet, Proposed Parcel 6C could be developed with one single-family dwelling. Proposed Parcel 6A-1 is a "flag lot" with a lot width of 20.32' and a lot area of 25,979 square feet. After meeting with the neighborhood, it is the intent of the applicant to construct a single-family dwelling on Parcel 6A-1 and a subdivision variance is required since the required lot width of 50'for a single-family dwelling is not met. • The site is flat and grassy, and partially covered with mature trees and the remnants of the foundation of a previous dwelling. • The table below compares the proposed dimensions of the lots and the minimum R5-D dimensional criteria for a single-family dwelling and duplex dwelling. Proposed Required Proposed Required Lots Lot Width Lot Width Lot Area Lot Area Lot 6C 54.00' 50' (single-family) 6,480 SF 5,000 SF(single family) Lot 6A1 * 20.32' 75' (duplex) 25,979 SF 10,000 SF(duplex) *A Subdivision Variance to Section 4.4 (b) of the Subdivision Regulations is required / m 1 Ai; � oma i \� Zoning History • r/ # Request / �" 1 CUP (Church) Approved 06/01/2005 R-$D et>, Co4e 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 Dacor, L.L.0 Agenda Item D2 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan designates this site as being within the Suburban Area.The general planning principles for the Suburban Area focus on preserving and protecting the overall character,economic value,and aesthetic quality of stable neighborhoods. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment either maintain or enhance the overall area.This is accomplished through compatibility with surroundings, attractiveness of site and buildings, environmental responsibility, livability,and effective buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. Evaluation and Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. This request was previously heard at the March Planning Commission Hearing.At that time, Commissioners discussed the atypical size and depth of the original lot relative to the platted lots of the adjacent neighborhood.They also discussed whether a single-family dwelling or a duplex would be more appropriate for the proposed flag lot.The New Light Civic League spoke in opposition at the March Planning Commission Hearing and shared their preference for a single-family dwelling to be constructed on the proposed rear lot, instead of a duplex. Since the Planning Commission Hearing,the applicant has met with the neighborhood and revised the proposed site exhibit to meet the requests of the New Light Civic League.The Civic League is now in support of the request for a Subdivision Variance. Roughly two years ago, Planning Staff met with property owners and builders interested in developing the lots on the west side of Ferry Point Road.At that time,the lots were approximately 130' x 300' in dimension.To best meet the goals of the Comprehensive Plan,Staff recommended that the property owners work together and combine at least two of the large parcels.The resulting 260'x 300' property could be subdivided and developed in a manner that allowed each new lot to meet the minimum dimensional requirements of the R-5D Zoning District. Unfortunately,the applicant was unable to reach an agreement with adjacent property owner(s). Since that time,the original 130'x 300' parcels have been subdivided following the by-right dimensional criteria of the R-5D Zoning District.As a result of the by-right subdivisions,the west side of Ferry Point Road now consists of parcels ranging in area from 6,000 square feet to 35,000 square feet.The varying size and width of the parcels has produced an inconsistent and disorienting experience for pedestrians and drivers and thus has diminished the aesthetic quality of the otherwise stable neighborhood. The residents of the neighborhood now experience an undue hardship based on the strict application of the Zoning Ordinance during the by-right subdivisions of the original 130' x 300' lots. Dacor, L.L.0 Agenda Item D2 Page 3 While Staff believes the proposed subdivision exhibit will improve the quality of the neighborhood,the request cannot be recommended for approval because the hardship was self-inflicted during the previous by-right subdivisions. Conditions to be Considered These conditions have been drafted by Staff,in review of the Subdivision Variance Requests for the large properties fronting on the west side of Ferry Point Road.While Staff has recommended denial of the Subdivision Variance Request,should the Planning Commission and City Council consider approving the request,the intent of the following conditions should be consistently applied to any future Subdivision Variance request for the lots fronting on the west side of Ferry Point Road: 1. The property shall be subdivided and developed in substantial compliance with the submitted subdivision plan. 2. To provide visual and physical separation, a minimum of Category 1 Landscaping Screening shall be planted on Lot 6A-1, adjacent to and for the width of the front lots 6B and 6C. 3. Fencing on Lot 6C shall not extend beyond the front façade of the proposed single-family dwelling. Fencing on Lot 6A-1 shall not extend eastward beyond the rear lot line of Lot 6C. 4. To provide visual separation between lot 6A-1 and the lot to the north,the driveway shall be setback a minimum of 5 feet from the northern lot line. Medium canopy trees shall be planted in this setback for no less than the first 120 feet of the lot. 5. Address placards for the duplex dwelling units proposed on Lot 6A-1 shall be located no further than 20 feet from the improved surface of Ferry Point Road. Said placards shall be mounted on sturdy residential materials and be visible from the public right-of-way at all times. Dacor, L.L.0 Agenda Item D2 Page 4 Previous Subdivision Exhibit ( iK \ \ q\/ KK \!/K § § � 1 ' I q | . , | Pe/ \ / .§) § { § | t.k.4 2 V | | !!«|;E ; t \G§ § ) , | OP ( ` ) §k§ 7 / \| aN` ■q@ §>2'« -�».�T 44! YAP_m_5 | " d\ij \� `h ` § 64# E ` '0; rii i0 t A , | '| a \! !1 m. |to ■|$ w■ ! k1 ' 4` i � f _ /_9 } « ■ . tq v ` ! | lin K 6800 ! | y LI ti | SET03 07T ~ ®\ | !at ! 1 . I . i R ! w \ f ` ` i � - 8 f / � / ! q - � ^Ikt 1 � ` � i$ ! ,8 __ � 2 � | _,m304 TO' | |\ ] IP @_|| § / | A/ ;§ h + q ` \ \ R%§ k i \ 2a2E= 2 trA, 9, .1 "W , %% Dac m L L[ Agenda Item D2 Page 5 Proposed Subdivision Exhibit ■ ! ^ / / ! ® \ fit,, :1 ` \ 2®% k &i\ \ \ t \! / ! � f { � /& % w, % T �/\ 4 \\ / , ® r37 } \ , § i 12 @ j ! \ � ] | \ ( §| . � ,0.a § i ƒ® . . . . /\ § a � e ! R ` . 1 •�° q I , l ;, n / ..L ' / ôti| ® g � . |§ }� ,tea_ . [. _ �—# 33 99 � , t Ir � \ e 5 - � $ , 1.4 .8., � ` ,5i \ °M 8% 1 _ / § q ^� |� /• | § t \t } \ ; l \ � : %| !q d ) §!';| i P ; ! | | g ,,L; | \ •',1 § | - ,! w | ■ i�. i ; | t §;.B | i ¥ ; @ ID Dacor, L.L.0 Agenda Item D2 Page 6 Disclosure Statement I1/4B Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE [1 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/Ail cimist bei puated Yat• Reck5 pnCi tc.any Page 1 of 4 Planr.ui�Ccrt'.s<<U':.,ne`_4y Cot,n;. ^.rC- rrt the.:peg,.-.....12.._ , 0 APPLICANT NOTIFIED OF HEARING C 'E [[[/ NO CHANCES AS OF D L S/�/��/� REVISIONS SUBMITTED CATE G' Dacor, L.L.0 Agenda Item D2 Page 7 Disclosure Statement ,N113 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) Dacor, L.L.C.: David Rhodes, Manager (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 1 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. H 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. Dacor, L.L.0 Agenda Item D2 Page 8 Disclosure Statement 'NB Virginia Beach 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation: See State and Local Government Conflict of Interests Act,Va Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship. other than parent-subsidiary relationship, that exists when Ill one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity.or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of interests Act, Va.Code§ 2.2-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES rts10 SERVICE PROVIDER(use additional sheets if } needed) ❑ © Accounting and/or preparer of your tax return ! Inl Architect/Landscape Architect/ I Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property Vii (identify purchaser(s)and purchaser's service providers) CConstruction Contractors Engineers/Surveyors ,Warren&Associates,P.C. 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. Dacor, L.L.0 Agenda Item D2 Page 9 Disclosure Statement I 0,0 virsinis Financing(include current BB&T C (1 mortgage holders and lenders I I selected or being considered to provide financing for acquisition or construction of the property) Xn Legal Services Sykes,Bourdon,Ahern&Levy,P.C. Real Estate Brokers/Agents for nC 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 111 ,— 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 hereifo weeks prior to the Planning Commission, Council, VBDA meeting, or meeany bli body or committee in connection with this Application. David Rhodes, Manager l 2-i ilb PPLICANT'S SIGNATURE PRINT NAME DA 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. Dacor, L.L.0 Agenda Item D2 Page 10 Item#D2 Dacor, L.L.C. Subdivision Variance Northwest side of Ferry Point Road, west of Indian River Road District 2 Kempsville April 13, 2016 REGULAR Jeff Hodgson: Will you please call the next agenda item. Jan Rucinski: The next item on the agenda is D2. An application of Dacor, L.L.C.for a Subdivision Variance to Section 4.4(b)of the Subdivision Regulations. The property is located at the northwest side of Ferry Point Road,west of Indian River Road, District 2, Kempsville. Eddie Bourdon: Again, Mr.Chairman and members of the Commission,again Eddie Bourdon, representing the applicant. And we obviously had a presentation to the Commission last month. Has anyone signed up to speak on this item? I will make this very brief. Kristine Gay did a great job of explaining it in the informal. Ed Weeden: Eddie,you have two speakers. Eddie Bourdon: There are people who signed up? Okay, I'll spend a little bit more time. The property that is adjacent to this piece of property that Ms. Gay was referring to this morning that came in applied,the owner of that piece of property spoke with me at that time. Did not retain a representative, and I told him as staff had told him,since this piece of property was on the market, and available that it would be in his best interest to try to acquire this piece of property. That did not happen. I'll just leave it at that. The owners of this piece of property,the family who owned this property for generations,actually approached David Rhodes,who is the person I am representing before the Commission today, and asked him if he would please buy this piece of property from him. He was doing construction in the community. And Mr. Rhodes did contract to purchase the property. I didn't know anything about it until he accepted the contract to handle the closing and I suggested to him that he speak to the gentleman that owned the property next door to see if they could work something out so they could develop the properties together. By doing so,they would have been able to put in a cul- de-sac and ten homes. So,that's the by-right scenario. The proposal today on this piece of property is simply build a total of three homes on three lots. The two on the road all exceed the requirements and the single-family home in the back exceeds every requirement by 5 times except for the road frontage here. So, we got a flag lot with a single-family home,very large valuable piece of property and a home that Mr. Rhodes has already constructed on the road fronts,which are 325,000 this one will most likely, based on how the prices should be,closer to$400,000. It is a reduction in density from 10 to 6, if the adjoining property as was shown this morning to the Commission,were to do something similar. My client met with some of the neighbors and he knew going in that they didn't want to see a cul-de-sac and ten houses.The civic league has now, after we talked again and they understood it better, as indicated they would much prefer this to any by-right development of the property. The conditions, as set forth, again, I understand the recommendation, but if it is to be approved, all the conditions are not Item#D2 Dacor, L.L.C. Page 2 only acceptable, but we attempted to depict them on the new plan. I'll be happy to answer any questions that you may have. Jeff Hodgson: Are there any questions for Mr. Bourdon? Thank you sir. Eddie Bourdon:Thank you. Jan Rucinski: We have one speaker in opposition and that is Dimitrios Manousos, if you can please state your name for the record? Dimitrios Manousos: Dimitrios Manousos. I don't have any problem. I own the property right next to it. It is almost the same square footage. I don't have any problem with Mr. Rhodes is doing except he is proposing one house.There are five flag lots in the area,which are duplexes. One of them was recently built in 2013. My problem with this is why go with the duplex in the back instead of one house. We have 28,000 square feet lot. It takes 10,000 square feet to build a duplex. The lot is 28,000 square feet. The density is going up twice more than what the normal circumstances would be. We are only asking and we don't have the funds. So, I would not object to this. I would like the flag lot. I don't like the duplex because this would create a hardship to me because later on I would have to do the same thing he does. I propose some other plans for me, by-right, he could build seven houses. Ms. Karen Lasley, we talked with my engineer last week actually and the other proposal would be to create the drive way as Mr. Rhodes has it and put two semi-attached houses on two different lots, single-family lots in the back, and we can also sell each unit, so my problem with this is with the density. We don't want to over build there. We are way under built in a 28,000 square foot lot to build one house. That would change the character of the neighborhood.You see 5,000 flag lots and then you see one house on 28,000 square foot lot. So,that's the reason you have to tell us and the rest will be little. Jeff Hodgson: Do you own the parcel to the right of this? Dimitrios Manousos: Yes sir. Jeff Hodgson: Okay. You prefer more than a single-family house that he is putting there. Dimitrios Manousos: I would do what Mr. Rhodes does, only I would like a duplex or two semi-attached houses. Jeff Hodgson: We'll have to look at your application when it comes forward. Dimitrios Manousos: I did file an application before with Ms. Gay and it was denied by you. I'm sorry. I withdrew my application. Jeff Hodgson: I don't' remember seeing it. Okay. Dimitrios Manousos: I just want to say to you that before I bought this property, I went to Development Services and Mr.Jim Pearce and Ray Odom, both of them assured me that I could put two houses in the court that I was talking about,two houses and a duplex in the back. Somehow,they move from Development Services to the Planning.Who's doing the subdivisions? At that time, I am talking a couple Item#D2 Dacor, L.L.C. Page 3 of years ago. And they assured me that before I bought the property,they assured, I could put two houses a duplex. When the power shifted to the Planning, everything changes because they didn't want a flag lot.So, it is a hardship for me. Jeff Hodgson: Okay. Dimitrios Manousos: Because I was promised by the city four units and now we do this, it will be three units, so I would like for you to that into consideration that if you approve this, it is a hardship for me also. I have to follow him. Okay. Jeff Hodgson: Are there any question for Mr. Manousos? Thank you sir. Dimitrios Manousos: Thank you. Jeff Hodgson: Are there any other speakers? Jan Rucinski: There are no other speakers. Jeff Hodgson: Mr. Bourdon. Eddie Bourdon: Mr. Manousos had every opportunity to acquire this particular piece of property and I certainly wish he had done so, and Mr. Rhodes was an innocent by-stander in that circumstance. But what, and I certainly don't know,and I am not even going to attempt to respond to the assertion with regard to the DSC. The simple narrative is what he is asking for is the in between position the ten by- right if you put it all together throw the cul-de-sac and max it out, he is asking to do,with the four and four, a total of eight,and what my client paid for the property. He is able to make a profit and build three. I believe what he is doing is and I told you all this last month. He'll do a duplex. He'll do a single- family. The civic league,the community the person who lived there forever, prefer a single-family. He is proposing a single-family. When Mr. Manousos comes forward and proposes what he wishes to propose,the Commission can make its mind up on his proposal. Jeff Hodgson: Are there any questions for Mr. Bourdon? Thank you sir. Donald Horsley: Mr. Bourdon,you're in 100 percent agreement to go with what your plan is today. No questions asked? Eddie Bourdon: Absolutely correct. Donald Horsley: Okay. Thank you. Jeff Hodgson: No other speakers? Jan Rucinski: No other speakers. Jeff Hodgson: We'll close his and open it up for discussion amongst the Commission. Would anybody like to lead it off? Item#D2 Dacor, L.L.C. Page 4 Bob Thornton: I'll just say something real quick and simple.When we heard this last time, we all were a little bit concerned about putting a duplex back on the back side of this lot, and we went to the applicant and explained that we would like to express our thoughts on a single-family, he has done that. In my opinion is, I don't think he can hurt a neighborhood by having less density. It is a nice looking plan. Yes,the lots a little larger than the rest of them but in today's world, people like decent size lots. I commend Mr. Rhodes for doing what he has done and I'm in favor of voting for this as they submitted it back to us. Jeff Hodgson: Is there anybody else. Jan Rucinski: I agree. Jeff Hodgson: Would anyone like to make a motion? Jan Rucinski: I will make a motion to approve the application. Don Horsley:Second. Jeff Hodgson: A motion made by Commissioner Jan Rucinski and seconded by Don Horsley. Mr. Weeden? AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 11-0,the Commission has approved the application of Dacor, L.L.C. Jeff Hodgson: Thank you. Thank you for coming down. . „ _..................... .............—. . . – • •,\\.,,,....\\.:, ,. s.,...\ \ \ ' '\\\ .\''''''''\ % ''''''. \ \ .. .. • ..N N.\ ilik 1111141 -'..."", ' - ,...,- ---- - s.,,s:-<' ' . , •..:' 'API-. ,.‘... ,....„. „.s„...., 1.,...,z;:,,,, \.\\\.\\ ‘ N' _.1, , ' -.. --- 1 ,:•14 .. 1 \ s.'„„ .i ... __,-7-7-77. . . ,\: .,\,\ ,.11 • \ :.4'1 --z ..-• . ` ".• \\:- 4. 46t ...„-\„ \.......:!%.,....------ -,„:\„..\\\„\ .. . „ . -.....„ „ . ,....,.-,.---. . . . -„.':':::."'..‘.r ..:...„\\\„\. • \ ...... .. ,k‘• \,11 ' . s\:•f -- 1.-: `k \\ .' 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'------------.--------------A . . , .. ------ --- /4 --'- --"--0 \-, 0 r..... . . . ,..,‘, ,. , -1 , _ -.. \'''',...z.,,, " k. [ (I iss 1. :: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: OCEAN RENTAL PROPERTIES, LLC [Applicant / Property Owner] Special Exemption for Alternative Compliance to the Oceanfront Resort District Form-Based Code. 514 & 528 21st Street (GPINs 2417988073, 2417977929). COUNCIL DISTRICT— BEACH MEETING DATE: June 7, 2016 • Background: The applicant proposes to develop the subject site with two row houses and one detached house. The Oceanfront Resort District Form-Based Code does not allow multiple separate dwellings on one lot, as proposed. The applicant also proposes alternative compliance to the requirements for yards, lot area and outdoor amenity space. The two row houses will be located along 21st Street. The single family house will be located at the rear of the site. All vehicular access to the site is from the alley at the rear of the property. • Considerations: This request is similar to several other requests that have recently been approved in the vicinity of this site, including the lots directly to the east. By-right development of the site is capable of yielding at least four units based on the requirements of the Form-Based Code; the applicant is proposing to achieve a lower density by building three dwelling units. The layout of the site and design of the proposed buildings, in Staffs opinion, advances the stated goals and objectives of the Form- Based Code. Further details pertaining to the request, as well as Staffs evaluation, are provided in the attached Staff report. Staff was not made aware of any opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0 with one abstention, to recommend approval of this request to the City Council with the following conditions: 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the layout of the site shall be substantially as shown for lot 26A on the exhibit titled, "PLANTING LAYOUT, 21ST DEVELOPMENT,"dated 04/05/2015, as prepared by WPL. Said drawing has been exhibited to the City Council and is on file in the Department of Planning. Ocean Rental Properties, LLC Page 2 of 3 2. With the exception of any modifications required by any of these conditions or as a result of reviews under the International Building Code, the dwellings on the site shall be substantially as shown on the drawings titled "21st Street Towns Duplex," dated 2/8/2016, and "LPS-1387" dated 9/4/2014, as drawn by J Bengtson. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. At the time of installation and at any time of maintenance or replacement, the landscaping shall substantially be as shown on the submitted exhibit titled "PLANTING LAYOUT, 21ST DEVELOPMENT," dated 04/05/2015, as prepared by WPL Said drawing has been exhibited to the City Council and is on file in the Department of Planning. 4. A subdivision plat shall be submitted to the Planning Department / Development Services Center as part of site plan review. Said plat shall show the removal of any interior lot lines, private pedestrian access easements, and the dedication of 2 feet along the southern lot line to the City of Virginia Beach. 5. The applicant shall make all proposed right-of-way improvements as required for 21st Street and 20th 1/2 Street as further required by Public Works Traffic Engineering, Landscape Management, the Strategic Growth Areas Office, and the Development Services Center as part of development site plan review. 6. Any existing curb-cut / driveway access located on 21st Street shall be removed. 7. The patios of the row house units and the driveway of the rear unit shall be constructed of permeable pavers. The driveway runners may be paved. 8. All landscaping must be maintained in good health. All landscape that fails to grow or is determined to be in poor health shall be replaced with a similar type of plant that conforms to the landscaping depicted on the plans referenced by Condition 1. All replacement landscaping shall be approved by the City Landscape Architect for consistency with the conditioned plan. 9. All mechanical equipment, including but not limited to HVAC units, shall be screened year-round by landscaping or fencing. Screening shall, at a minimum, be the height of the equipment. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Ocean Rental Properties, LLC Page 3of3 Recommended Action: Staff recommends approval. Planning Commission scr—e5r------- recommends approval. Submitting Dep• u - t/Agency: Planning Department City Manager: \ Applicant/Owner Ocean Rental Properties, LLCNIB Agenda Item Public Hearing April 13, 2016 City Council Election District Beach Virginia Beach Request Alternative Compliance to the prescribed criteria of the Oceanfront Resort DistrictQ-oeor ,a Int.wet.' *lbws'Form-Based Code "'` n,,,,,u.Pin =a 261 fet6 I APZ2 0 + 25V St'''' c1 12010'4 SV ee` 24th Sveet BNe �d 0104 I mp u 24th Sttdt 2 20 Street Staff Planner APtt B st,ee,23R4'Sbee ‘i' et w -, .- eet Kristine Gay \ 11P �,'i�> A 215tstreet i \ X 1'1� p 20th5u 0 70-75 dB DNL " !F977 et 65-70 dB DNL Location a e 264 A s. 528 21st Street 264 p i 19,Street GPIN P s js"Street ls m word >75 dB DNL 1 �t�n�a Bea'h 80`1 2417977929 ` $ 2 j6th5cree .....-p.: 14th steer Site Size s.7,800 square feet (.18 acres) 5"5"eet g 9 14mstf 1'/ AICUZ AP22 re ,,„a c"`le 12thsvee` o ]3th street t M 11th street 65-70 dB DNL APZ1 Existing Land Use and Zoning District Demolished single-family dwelling Zoning District and Street Frontage Type OR Oceanfront Resort/Gateway 3 t '"' `T -4,1111t.: �. ' J ' R 4 A r ._- Surrounding Land Uses and Zoning Districts 40 �— .N . } �, list 5tr e et North -._ \ #" ' Single-family dwellings/OR Oceanfront Resort — —` 3 South , G, f Single-family dwellings/OR Oceanfront Resort `' 41''. 1 East . a' Single-family dwellings/OR Oceanfront Resort D 't t. West trc t,t R 2p N,tf S ' �• Single-family dwellings/OR Oceanfront Resort 3�:r Nt1 I S., , Ocean Rentals Properties, L.L.0 Agenda Item 1 Page 1 Background and Summary of Proposal • The applicant would like to build two Row Houses and one Detached House on one lot.The Oceanfront Resort District Form-Based Code (FBC) does not allow multiple separated dwellings on one lot, as proposed. For this reason the applicant is requesting a Special Exception for Alternative Compliance. • In addition to proposing multiple separate dwellings on one lot,the proposal differs from certain prescribed criterion associated with the Row House and Detached House Building Types.The table below shows the differences between the FBC prescribed criteria and the proposed site plan: Proposed Alternative Prescribed Criteria Compliance Yards Private yards on all 4 sides One private yard. Remaining (Detached Houses Only) yards are used for parking. Minimum 3,000 SF (Detached House) 3,900 SF Per Detached House Lot Area 1,200 SF(Row House) 1,950 SF Per Row House Minimum 20%,600 SF Min 18%, 1,350 SF Overall Outdoor (Detached House) 18%, 720 SF Per Detached House Amenity 10%, 120 SF Min. Space (Row House) 32%, 630 SF Per Row House • Criteria measured by the FBC but not shown in the table above include, lot width, setback, build-to-zone, height, transparency, and parking.The proposal meets or exceeds all of these requirements.A chart showing how the proposed Alternative Compliance relates to all prescribed criteria of the Form-Based Code is included near the end of this report. • As shown on the site exhibit,there will be two 24-foot-wide row houses set back 10 feet from the front property line. (Porches that are eight feet deep may be set back two feet from the front lot line.) Each of these row house units will be accessed from two stacked parking spaces located on the alley.Stepping stones in a mulched landscaped area will connect the rear parking to the public sidewalk and the front door. Each unit has an eight- foot-deep front porch, second-story balcony, and a fenced-in rear patio. • In the rear yard,there will be one single-family detached house set back five feet from the alley.This unit will have a rear garage, a covered stoop, and two parking spaces, all situated on the alley.A six to eight-foot deep front porch and a small lawn are located in front of this unit. Ocean Rentals Properties, L.L.0 Agenda Item 1 Page 2 „, 0 , .. OR 3 - $” , Zoning History 6.vi # Request 70-75 de. L S' �� 1 ALT Special Exception for Alternative Compliance to the f - OR District FBC Approved 09/16/2014 OR \s ‘ -! OR 1 -. 1 Rion 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 Resort Area Strategic Action Plan (RASAP), adopted in December, 2008, is the guiding planning policy for land use and development in the Oceanfront Resort District.The RASAP calls for improved transit and pedestrian connections between destinations, and a transition in use and design from the Resort Area to the neighborhoods. Evaluation and Recommendation • By-right development of the site is capable of yielding at least four units based on the Frontages and Building Type regulations of Chapter 2 of the Form-Based Code.The applicant is proposing to achieve a lower density by building three dwelling units on the subject site that most closely follow the prescribed form of the Row House Building Type and the Detached House Building Type. • By providing all vehicular access to the site from the alley, and including easements on an approved plat to allow pedestrians(guests and residents)to access the front porch of each dwelling unit from the sidewalk of 21St Street,the proposal is pedestrian-oriented and the automobile is less emphasized as the main choice of transportation. • Exterior materials include,fiber-cement lap and shake siding, board and batten, brick for the base of the porches and stoop, a variation of window type and size, double balcony doors, standing-seam metal roofing, architectural shingle, and decorative garage doors.The front units reach a maximum height of 40 feet and the rear unit reaches a maximum height of 31 feet. Definition is brought to each floor of the elevation by an eve line, top rails of window, branding, or a change in materials.The proposed landscaping, overall height, and use of porches,dormers, and facade projections result in a pedestrian-scaled proposal that meets the Oceanfront Resort District Design Guidelines. • The applicant will be responsible for reconstructing the existing portion of sidewalk adjacent to the subject site along 21st Street such that it is consistently 8 feet wide or as required by the Strategic Growth Areas Office and Ocean Rentals Properties, L.L.0 Agenda Item 1 Page 3 Landscape Management.The applicant will also be dedicating to the City of Virginia Beach a two-foot deep strip of land adjacent to and running parallel with 20th 16 Street(alley).The applicant will be improving the portion of the alley adjacent to the site in accordance with Public Works Standards for a 24-foot wide section. • Section 7.3.3 of the FBC provides the review standards for Alternative Compliance applications.Any development seeking City Council approval for Alternative Compliance must advance the stated goals and objectives of the Resort Area Strategic Action Plan and Oceanfront Resort District Form-Based Code; promote modes of transportation other than the automobile; create a pedestrian-oriented and pedestrian-scaled environment; contribute to a memorable mix of uses; be consistent with the intent of the regulations applicable to the subject street frontage; be physically and functionally integrated with the built environment; and advance the goals and objectives of the parking strategy for the District. • For the reasons stated as part of this evaluation and summarized earlier in this report,Staff finds that the review standards have been met,and;therefore, recommends approval of this Special Exception for Alternative Compliance to the Form-Based Code,with the following conditions below: Recommended Conditions 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review,the layout of the site shall be substantially as shown for lot 26A on the exhibit titled, "PLANTING LAYOUT, 21'DEVELOPMENT," dated 04/05/2015, as prepared by WPL. Said drawing has been exhibited to the City Council and is on file in the Department of Planning. 2. With the exception of any modifications required by any of these conditions or as a result of reviews under the International Building Code,the dwellings on the site shall be substantially as shown on the drawings titled "21st Street Towns Duplex," dated 2/8/2016, and "LPS-1387" dated 9/4/2014, as drawn by J Bengtson.Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. At the time of installation and at any time of maintenance or replacement,the landscaping shall substantially be as shown on the submitted exhibit titled "PLANTING LAYOUT, 21ST DEVELOPMENT," dated 04/05/2015, as prepared by WPL Said drawing has been exhibited to the City Council and is on file in the Department of Planning. 4. A subdivision plat shall be submitted to the Planning Department/ Development Services Center as part of site plan review.Said plat shall show the removal of any interior lot lines, private pedestrian access easements,and the dedication of 2 feet along the southern lot line to the City of Virginia Beach. 5. The applicant shall make all proposed right-of-way improvements as required for 21st Street and 20th%Street as further required by Public Works Traffic Engineering, Landscape Management,the Strategic Growth Areas Office, and the Development Services Center as part of development site plan review. 6. Any existing curb-cut/driveway access located on 21st Street shall be removed. 7. The patios of the row house units and the driveway of the rear unit shall be constructed of permeable pavers. The driveway runners may be paved. 8. All landscaping must be maintained in good health.All landscape that fails to grow or is determined to be in poor health shall be replaced with a similar type of plant that conforms to the landscaping depicted on the plans referenced by Condition 1. All replacement landscaping shall be approved by the City Landscape Architect for Ocean Rentals Properties, L.L.0 Agenda Item 1 Page 4 consistency with the conditioned plan. 9. All mechanical equipment, including but not limited to HVAC units, shall be screened year-round by landscaping or fencing. Screening shall,at a minimum, be the height of the equipment. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Ocean Rentals Properties, L.L.0 Agenda Item 1 Page 5 Proposed Conceptual Site Layout 21 STREET (80 R/W) (MB. 5, P. 103) (FORMERLY DELA WARE AVE) / N 76'08'05- £ 60.00' IS 8 C3 4111 _-cow` p''COV£RfD' 24.00' 24 00. UAY7 A UYYI. LEXCli BED,VP.---, MVP EWE' we'Try n 711' 7N1' n 77'PRIVACY FENCE ALONG .� SOE LOT LIIE5,TYP. PRGWOSfD 3-STUev TONRWO?JS( 57121- DUPLEX 7YECDUPLEX • EDGE Or wt,CH-- _ * .1•a. Mn Try �:,►.. 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I I I I I li Ocean Rentals Properties, L.L.0 Agenda Item 1 Page 8 Project Context k P. 111111 Ft l'iv f{ e. 6 �i1 .-I L1_ 1 1i m »N tai( S t -- 3 \ r�t 3.lr,l�'i'r s � t '. •y *WICK II f i'• WIS. ;JI •-000aocaaaaaocoocc0000aaq •'•J ,: "t v cu U > c �5' ?i ',to' .(-0- a i1'41 • fiit� ,- lo of a ' `�' L w a- Q v y a +,f i i � e I •�oaoos0000ego oO .• , ` .. , ill% Ili r 11 CJ U w < o$ I` ' e , .....m.-•ri Criteria Table FBC Criteria Prescribed Proposed Alternative Compliance 3,000 SF (Detached House) 3,900 SF Per Detached House Area 1,200 SF(Row House) 1,950 SF Per Row House Width 30' Detached House 60'Total } 16' Row House 30' per Row House 10' 21't Street Setback(minimum) 5' (8'deep porches may encroach up to 2' from the front property line) Side+Rear Setback(Common Lot 5' 6' Side Setback Line) 10' Build-To Zone 5'—15' (8'deep porches may encroach up to 2' from the front property line) Building Width in Build-To Zone 45' (50%) 48' (80%) Total Required Parking Spaces } 6 6 20%,600 SF Min 18%, 1,350 SF Overall (Detached House) Outdoor Amenity Space 18%, 720 SF Per Detached House 10%, 120 SF Min. 32%, 630 SF Per Row House (Row House) _ f Building Height 45' Building Type Max 40'(Row House) 75' Height Zone Max 31'(Detached House) J Ground Story Transparency 15`h 31%(Row House) (minimum) f 28%(Detached House) 33% (Row House) Upper Story Transparency(minimum) 15% 15%(Detached House) Street Facing Entrance Required Proposed for all units 8' (Row House) Porch Depth 8' = 6' -8' (Detached House) Ocean Rentals Properties, L.L.0 Agenda Item 1 Page 10 Disclosure Statement Virginia Reach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification 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 Boards Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance 1 Board , .l.U._ Permit License Agreement Conditional Use Permit � Wetlands; Board a • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE E Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. XCheck here if the APPLICANT,g a corporation, partnership, firm, business, or FOR C f USE ONLY/ r i}Sr 3 7 i_ I i Page 1 of 4 I.r n• C?Y.-nr c .r ,.,d C Cr ,r F. r .i - . , r AtP{'C�r, '.OI .0 SU ACG or r r 5/2(/( O /Mr AP I . ;4SGi. I C7 I 'T i Ocean Rentals Properties, L.L.0 Agenda Item 1 Page 11 Disclosure Statement 1143 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) Ocean Rental Properties, LLC: Steven W. Bishard,Manager; John Bishard, Member . • (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 4 I SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if prpperty owner is different from Applicant. Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. I__.I Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND_THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members,trustees, partners,etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Ocean Rentals Properties, L.L.0 Agenda Item 1 Page 12 Disclosure Statement Virginia Beach -.Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code y 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 g 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of_the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES ! NO SERVICEIPROVIDER(use additional sheets if needed) M Accounting and/or preparer of your tax return , n {q1 Architect/Landscape Architect/ f J Il ���i Land Planner o Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed na purchaser of the subject property f I (identify purchaser(s)and purchaser's service providers) nn Construction Contractors ElEngineers/Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Ocean Rentals Properties, L.L.0 Agenda Item 1 Page 13 Disclosure Statement __.. -.- ..s..+ws• "'"�"'.`..,. "e T F iii Heae! Financing(include current Monarch Bank mortgage holders and lenders Cl selected or being considered to provide financing for acquisition or construction of the property) E ❑ Legal Services Sykes,Bourdon,Ahern&Levy,P.C.& E3Real Estate Brokers/Agents for Harty R.Purkey,Jr.,Esquire ►, current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an Interest In the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the Interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of an, public body om tte onnection with this Application. Leven W. Richard,Manager 11.12)1 APPLICANT'S S'NATURE PRINT NAME DAE j PROPERTY OWNER'S SIGNATURE PRINT NAME I DATE The disclosures contained in this form are necessary to inform publicPage 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Ocean Rentals Properties, L.L.0 Agenda Item 1 Page 14 Item#1 Ocean Rental Properties, L.L.C. Special Exception for Alternative Compliance 528 21St Street District 6 Beach April 13, 2016 CONSENT An application of Ocean Rental Properties, L.L.C.for a Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code on property located at 528 21st Street, District 6, Beach. G P I N: 2417-97-7929-0000. CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review,the layout of the site shall be substantially as shown for lot 26A on the exhibit titled, "PLANTING LAYOUT, 21ST DEVELOPMENT," dated 04/05/2015, as prepared by WPL. Said drawing has been exhibited to the City Council and is on file in the Department of Planning. 2. With the exception of any modifications required by any of these conditions or as a result of reviews under the International Building Code,the dwellings on the site shall be substantially as shown on the drawings titled "21st Street Towns Duplex," dated 2/8/2016,and "LPS-1387" dated 9/4/2014, as drawn by J Bengtson. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. At the time of installation and at any time of maintenance or replacement,the landscaping shall substantially be as shown on the submitted exhibit titled "PLANTING LAYOUT, 21ST DEVELOPMENT," dated 04/05/2015,as prepared by WPL Said drawing has been exhibited to the City Council and is on file in the Department of Planning. 4. A subdivision plat shall be submitted to the Planning Department/Development Services Center as part of site plan review.Said plat shall show the removal of any interior lot lines, private pedestrian access easements, and the dedication of 2 feet along the southern lot line to the City of Virginia Beach. 5. The applicant shall make all proposed right-of-way improvements as required for 21st Street and 20th%2 Street as further required by Public Works Traffic Engineering, Landscape Management,the Strategic Growth Areas Office, and the Development Services Center as part of development site plan review. 6. Any existing curb-cut/driveway access located on 21st Street shall be removed. 7. The patios of the row house units and the driveway of the rear unit shall be constructed of permeable pavers.The driveway runners may be paved. Item#1 Ocean Rental Properties, L.L.C. Page 2 8. All landscaping must be maintained in good health.All landscape that fails to grow or is determined to be in poor health shall be replaced with a similar type of plant that conforms to the landscaping depicted on the plans referenced by Condition 1. All replacement landscaping shall be approved by the City Landscape Architect for consistency with the conditioned plan. 9. All mechanical equipment, including but not limited to HVAC units, shall be screened year-round by landscaping or fencing. Screening shall, at a minimum, be the height of the equipment. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 1. AYE 10 NAY 0 ABS 1 ABSENT 0 BROCKWELL AYE HODSGON AYE HORSLEY AYE INMAN ABS KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0-1,with the abstention so noted,the Commission approved item 1 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. \iii\\\............ iii "1 i11 I II '! i I Iti i t I 3 ; I II I lit ( ,I t I I 1 ,„...3.0-'' fidI P 'F 1 1.0 1 1 I 1101, N !........jirr.re"d" IA G P141 e of pa G . ( 1 i i . 1 3 333 33 I F 0 i `II. tl t \II 'I 11 I I I \11:\ 1 1 F I �{ e'1 I I 1::::\ 11 11 %.:- I 1 11 ti DI I i SI li 1! ii I! I I{ l 1 t i Fiiii .'FII'• 11 i ill ! I Il 'i %111 1 li FI II .I °I r I 11111111-'.--- 11 '"F ° I ceil , Fii 1"1 it`i, iI I I/11 ..._____ iiii. ii II, ii _„ ,eII li '! I iI • it I 1 �( F " �t 1 ., I 1 i . 1 I I I l'Cill) 0 ii i ., . . .._, i r I( • I° I C-'---'"--"-I j 1 its ' o`, u-' r $7, fv i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BEACH BOROUGH DEVELOPMENT, LLC [Applicant / Property Owner], for a Modification to a Nonconforminq Use (Change of a four-unit building to three units within two buildings — one duplex and one single-family dwelling). 403 33rd Street (GPIN 2418924767). COUNCIL DISTRICT— BEACH MEETING DATE: June 7, 2016 • Background: The Planning Commission deferred this request twice: once on December 9, 2015 and then again on March 9, 2016. On May 11, 2016, the Planning Commission voted to recommend approval of the project, subject to a modification to Staff's recommended conditions that requires the proposed Unit A have a minimum front yard setback of ten feet. • Considerations: The existing four-unit apartment building was built in 1936, predating the adoption of the City's Zoning Ordinance in 1957. Under the current A-12 requirements, the 0.16-acre (6,969 square feet) property yields 1.92 units. Single-family dwellings are not permitted in the A-12 District. Although the site is below the current duplex lot area requirement of 10,000 square feet, as the lot is legally nonconforming, the applicant could construct a duplex as a matter of right. This request involves removing the existing four-unit structure(a density of 25 units per acre) and constructing three new units(a density of 18.75 units per acre)—one single-family dwelling and one duplex. The site is located within the 70-75 AICUZ, Sub-Area 1, where reductions in residential density is desired. Each of the three proposed units meet the minimum parking requirement of two, nine feet by eighteen feet spaces. The proposed setbacks for the duplex include a ten-foot, front yard setback and a five-foot side yard setback. The proposed setbacks for the single-family dwelling include a front yard setback of five feet and side yard setbacks of seven feet. As the property is legally nonconforming, the setbacks may be set by the City Council. The submitted elevations reflect a contemporary cottage design with the use of porches, awnings and recessed garages. The exterior building materials will consist of cement fiber board siding, vinyl shake siding and architectural grade roof shingles with an earth-tone color scheme. The proposed duplex units will be contain approximately 2,600 square feet of living space, each with a two-car Beach Borough Development, LLC Page 2 of 3 garage. The single-family dwelling is proposed with approximately 2,200 square feet of living space and a single-car garage. • Recommendations: The Planning Commission revised the Staff conditions to require an additional five feet to the proposed front yard setback, for a total of ten feet. Planning Commission recommended approval, subject to this modification noted in Conditions 2 and 8 below, with a vote of 11-0. 1. No more than three units shall be permitted on the site. 2. The site shall be redeveloped in accordance with the submitted drawing entitled, "Non-Conforming Use Exhibit For Beach Borough, LLC," prepared by Pinnacle Group Engineering, Inc., and dated 04/21/2016, which has been exhibited to the City Council and is on file in the Planning Department, with the exception that the proposed Unit A shall have a minimum front yard setback of ten (10) feet. 3. When the structures are constructed, the architectural design shall be as depicted on the elevations entitled, "33rd Street Duplex," and "33rd Street Cottage," prepared by J. Bengston, dated 04/27/2016 and 11/20/2015 respectively, which have been exhibited to the City Council and are on file in the Planning Department, with the exception that the duplex units shall have one and one half-car garages. 4. Improvements to the 33rd '/2 Street alley, as required by the Department of Public Works, shall be installed and may include, but are not limited to, pavement widening, installation of curb and gutter and drainage improvements. 5. A Landscape Plan shall be submitted during final site plan review that strategically places plant material to aid in reducing the scale and mass of the project. Said planting plan and species shall be subject to approval of the Development Services Center Landscape Architect. 6. As a means of reducing impervious surfaces, the driveway for Unit B of the duplex shall be either constructed with a permeable pavement system or constructed with driveway runners (two strips that lead to the 18-foot x 18- foot parking pad). 7. No mechanical equipment shall be located between the front façade of the duplex and 33rd Street. Said equipment shall be screened with plant material so as not to be visible from 33rd Street. Beach Borough Development, LLC Page 3 of 3 8. Setbacks shall be as depicted on the exhibit referenced in Condition #2 above, with the exception that the proposed Unit A shall have a minimum front yard setback of ten (10) feet. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Departme' Agency: Planning DepartmeneNT------' City Manager: Applicant& Property Owner Beach Borough Development, LLC Agenda Item Public Hearing May 11, 2016 (Deferred on 12/09/15 &03/09/16) Election District Beach I) 2 Virginia Beach Request f35.00,09'` �0 Nonconforming Use (Change from a four-unit �` 3gh5 s 3�h Wh 5" e'e‘building to three units one duplex, one single- h5"- family dwelling) w;;sve. r Staff Planner o,y70-75 tlB DNL"�� 1... s s y Carolyn A.K. Smithg6 6X" q )2N +' i - / m q Location �.wgoad 6540 dB 051 h,+, ,v.et 403 33rd Street / 55"ee` G P I N s 0,4y 3 x 2Th5vee' 24189247670000 f S peV Site Size apK`;,`,e I ii/ 9. e Slh5aees 0.16 acre/6,969 square feet " AICUZ 70-75 dB DNL Existing Land Use and Zoning District Four-unit apartment building/A-12 Apartment Surrounding Land Uses and Zoning Districts North 33rd 1/2 Street Vacant lot/A-12 Apartment South , <, " "i '� 33rd Street 34 Multi-family dwellings, duplex/A-12 Apartment �'pw ""ilk �/,-, `ti East '110* • ,-- 7 `4° Single-family dwelling, office/RT-3 Resort Tourist . un; � r r West ,Multi-familydwellings/A-12 Apartment )3,,'s" .. 0 /y e VI r• +r c' • • — Beach Borough Development, LLC Agenda Item D2 Page 1 Background and Summary of Proposal • The existing four-unit apartment building was built in 1936, predating the adoption of the City's Zoning Ordinance in 1957. • Under the current A-12 requirements, the 0.16-acre (6,969 square feet) property yields 1.92 units. Single-family dwellings are not permitted in the A-12 District. Although the site is below the current duplex lot area requirement of 10,000 square feet, as the lot is legally nonconforming, the applicant could construct a duplex as a matter of right. • This request involves removing the existing four-unit structure (a density of 25 units per acre) and constructing three new units(a density of 18.75 units per acre)—one single-family dwelling and one duplex. The single- family dwelling is proposed with vehicular access from the alley. The vehicular access for the duplex is split-one unit will have a driveway off of 33rd Street and one unit will have a driveway off of the alley. Each of the three proposed units meet the minimum parking requirement of two, nine feet by eighteen feet spaces. • The submitted elevations reflect a contemporary cottage design with the use of porches, awnings and recessed garages. The exterior building materials will consist of cement fiber board siding,vinyl shake siding and architectural grade roof shingles. The application indicates that the proposed dwellings will utilize an earth-tone color scheme consisting of gray, brown, beige, cream and white. • Each of the three-story duplex units are proposed with approximately 2,600 square feet of living space, and each with a two-car garage. The single-family dwelling is proposed with approximately 2,200 square feet of living space and a single-car garage. BEACH y,r�� Beach Borough Development,L.1..( . 340 StREEt �,NNII"11 /11 O r< Zoning History R20 rii R # Request 1 NON Approved 01/14/2014 m 33rd sig 2 NON Approved 11/12/2013 3 3 MOD Approved 09/28/2010 33rd slREE ,' CRZ(R-10 to Conditional A-12)Approved 09/12/2000 Al2• °R ",. 4 NON Approved 01/14/1997 •lana,.cwr.MM q.o Sp...i Non-Con/Drumm U,: 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 Beach Borough Development, LLC Agenda Item D2 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan designates this area of the City as being in the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character,economic value, and aesthetic quality of stable neighborhoods. Achieving these goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall area. This is accomplished through compatibility with surroundings, attractiveness of site and buildings, environmental responsibility, livability, and effective buffering of residential from other residential and non-residential with respect to type,size, intensity, and relationship to the surrounding uses. (p. 3-1 through 3-3) Natural and Cultural Resources Impacts The site is within the Chesapeake Bay watershed.There is one large mature tree that will be removed with the project. Otherwise,there do not appear to be any significant natural or cultural resources on the property. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 33rd Street No Data Available 6,200 ADT 1(LOS°"C") Existing Land Use 2—27 ADT 11,100 ADT 1(LOS°"E") Proposed Land Use 3-22 ADT 'Average Daily Trips 2as defined by four 3as defined by three units—one 'LOS=Level of Service apartment units duplex,one single family Master Transportation Plan (MTP) and Capital Improvement Program (CIP) 33rd Street is a two-lane local street with a 60-foot wide right-of-way. The street is not included in the City's MTP.There are no roadway CIP projects scheduled for this street. Public Utility Impacts Water The site is currently connected to City water. Additional service connections will be required to serve each individual unit. Sewer The site is currently connected to City sewer. Additional sewer laterals will be required to serve each individual unit. Analysis of Pump Station#003 and the sewer collection system may be required to ensure that flows can be accommodated. Evaluation and Recommendation The existing building was constructed on the 6,900 square-foot parcel in 1936, predating the adoption of the City of Virginia Beach Zoning Ordinance. Under the current regulations,the four-unit structure exists as a legal nonconforming use, as the existing zoning regulations of the A-12 Apartment District limit the number of units on a parcel this size to 1.92. As the use of the site is nonconforming, any expansion, alteration, or change in the uses or structures requires approval from City Council (Section 105,Zoning Ordinance).Typically, density reduction on a nonconforming parcels is viewed favorably, particularly on sites such as this within the higher noise zones.The zoning map reveals that this site sits within a block of inconsistent zoning districts that include the RT-3,A-12, A-18 and A-36 Districts.Additionally,this Beach Borough Development, LLC Agenda Item D2 Page 3 part of the oceanfront, between the North End and the OR District, has no defined plan or vision,thus creating a challenge for evaluating redevelopment proposals. Since the previous Planning Commission deferrals,Staff has continued to work with the applicant in refining the site design and the buildings' elevations. The result, Staff believes, is a layout more to scale with "beach living" and elevations that reflect a coastal theme, incorporating elements such as porches and high quality building materials all while accomplishing the applicant's goals. Specifically, the redesign of the duplex, in Staff's opinion, mimics the appearance of a single-family dwelling.The front-loading garage that faces 33rd Street is set back 18 feet from the right- of-way. On balance,Staffs position is that the request is reasonable, will have a minimal impact, and should be as appropriate, if not more appropriate,to the zoning district and the surrounding area in comparison to the existing non- conforming use. Review of the zoning history in the vicinity revealed that the height and massing of the buildings proposed are consistent with recently approved applications. The proposal will reduce the degree of nonconformity of density through a reduction in the number of units from four to three. Staff, therefore, recommends approval with the conditions below. Recommended Conditions 1. No more than three units shall be permitted on the site. 2. The site shall be redeveloped in accordance with the submitted drawing entitled, "Non-Conforming Use Exhibit For Beach Borough, LLC," prepared by Pinnacle Group Engineering, Inc., and dated 04/21/2016,which has been exhibited to the City Council and is on file in the Planning Department, with the exception that the proposed Unit A shall have a minimum front yard setback of ten (10)feet. 3. When the structures are constructed,the architectural design shall be as depicted on the elevations entitled, "33rd Street Duplex,"and "33rd Street Cottage," prepared by J. Bengston, dated 04/27/2016 and 11/20/2015 respectively,which have been exhibited to the City Council and are on file in the Planning Department,with the exception that the duplex units shall have one and one half-car garages. 4. Improvements to the 33rd %2 Street alley, as required by the Department of Public Works, shall be installed and may include, but are not limited to, pavement widening, installation of curb and gutter and drainage improvements. 5. A Landscape Plan shall be submitted during final site plan review that strategically places plant material to aid in reducing the scale and mass of the project. Said planting plan and species shall be subject to approval of the Development Services Center Landscape Architect. 6. As a means of reducing impervious surfaces,the driveway for Unit B of the duplex shall be either constructed with a permeable pavement system or constructed with driveway runners(two strips that lead to the 18-foot x 18-foot parking pad). 7. No mechanical equipment shall be located between the front facade of the duplex and 33rd Street. Said equipment shall be screened with plant material so as not to be visible from 33rd Street. 8. Setbacks shall be as depicted on the exhibit referenced in Condition#2 above,with the exception that the proposed Unit A shall have a minimum front yard setback of ten (10)feet. 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. Beach Borough Development, LLC Agenda Item D2 Page 4 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. Proposed Site Layout 011'NOn1104 NOY39 1,s j ..�+ NO3 !'K _ DM'ONI633NIJN31 ' '/ ...133a1S DJff fOt' irelN%3 3s, dnoao 3l3YNNld ..22. ONI WOJN03-NON i F IF'lil� !' Z 'tr 4r E i y` r kkl �4 g eR y• i aa h e P. i i !i; G. E 4; . y�Pexf i s n Ig t !ghd r !5 ! lift.§ ti%E a3 Y d 7 t 1 ee ! 33 44 it ilt K L! EC.35 ! i ea! LI .,S -f6 ' e 1 ." F: Ru u@gees: , ! 1 ! i! -iE '42 Hili ;rig i RG 4- . 36 x 5! ;! qe _I l d F a 1.aPk-i i 1!E gi ? P `+v a g e'h!i l e a e! ?' Aga i Ilii 1!= K zSh ia: g b" 6 0 �2 1p ei 131 8 >:Ili i- tog � !it v a s FP31!; e. -tla1aed0 ?!3 ih.;h;a?ha;3vsFIM sHlF:N6giiiia i \, • ., I — s L- -!I I 1 GOO n COG GGO _ f,. FJ®�B � � (,� } 1 _ _ fi _ y , a -., I Beach Borough Development, LLC Agenda Item D2 Page 5 Proposed Single Family Dwelling Elevations Nou3fl .L oo and 1qy yy N6££ iv �o z > i O-" < a.I - U L dN rQ i,!- ,iN N • W W o U • _.1 Vi S fn U,� F ,. 1 t 1 1 ' ii 1. l I' iii (ll ��r 11 1 L hate ti • l N m 11 1 _. I j- . w I 1I 1 1 1 4 1,. ��, I. i ..- , �' ,, . , s ,Lt.,- r , � ® l i , ;ter I �� , E i y x ';I -= f ' 1 1 Y fl - , 7 - t1 i", 1 0 .,...;',.r1;1:.•-1,;' , 4I1I�Z ""I�l I I '` ', ; :i n� , w 1 A .� g 8 CD 6 l . I Fi I I 1 It, V: I F -1 I — "•:'-'11;!!;'1 t l r { e E, Y , I - 1 LL ' { , I 1 1 A 4 1 � ,.1 , Ll • • 11 1 L • el I M E 1 Beach Borough Development, LLC Agenda Item D2 Page 6 Proposed Duplex Elevations ...:47;,;,. -.--....-.., tt NaionaisNoo IO ION AblVNIIN113.0 --.: is aace 918 IV .. g . Z; E . >> p_g ) - - ... W co ft,4 t . -J .1!, i t . ..... 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Beach Borough Development, LLC Agenda Item D2 Page 8 Disclosure Statement 11, 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: 1 Acquisition of Property Disposition of City Y Modification of I by City ! Property _ Conditions or Proffers Alternative j I Economic Development Compliance,Special Investment Program i Nonconforming Use Exception for (EDIP) Changes I Board of Zoning --- -- --� A eats Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness -- Street Closure (Historic Review Board)d Franchise Agreement j Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form ai e ;ie.( r2'y to sii) xE s:r public officials who may vote on the appitaiiuiu :,s i ) Vt,iieOte' they have a conflict of interest under /isuirti - ia , SECTION 1 / APPLICANT DISCLOSURE Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 2 Check here if the APPLICANT /S a corporation, partnership, firm, business, or Page I of 4 ° a 4 1C* Beach Borough Development, LLC Agenda Item D2 Page 9 Disclosure Statement 1,3 l'irgini,i arrant 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) Beach Borough Development, LLC Steven Bishard Managing Member John Bishard, Member: Ken Hunt. Member (B) List the businesses that have a parent-subsidiary r or affiliated business entity 2 relationship with the Applicant. (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if vroe'erty owner is different from Avvlicant. I I Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. lCheck 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 r or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Beach Borough Development, LLC Agenda Item D2 Page 10 Disclosure Statement Virginia Brach -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 31 01. 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, In) a controlling owner in one entity is also a controlling owner in the other entity, or (in) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities. there are common or commingled funds or assets the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis or there is otherwise a close working relationship between the entities. See State and Local Government Conflict of Interests Act, Va.Code § 2.2 3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service' YES i NO SERVICE 1 PROVIDER(use additional sheets if I needed) XAccounting and/or preparer of your tax return - XArchitect/Landscape Architect/ Land Planner i _— - -1 Contract Purchaser(if other than JX the Applicant) - identify purchaser I and purchaser's service providers Any other pending or proposed X purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors X Engineers/Surveyors Pinnacle Group Engineering EC 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. Beach Borough Development, LLC Agenda Item D2 Page 11 Disclosure Statement Virginia lBea(li Financing (include current �TowneBank X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) XLJ Legal Services Sykes Bourdon Ahern&Levy.P C Real Estate Brokers j Agents for riX current and anticipated future sales of the subject property j SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO j Does an official or employee of the City of Virginia Beach have X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: 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. 1Steven Bishard, Mg Member APPLICANI'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE j 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. Beach Borough Development, LLC Agenda Item D2 Page 12 Item#D2 Beach Borough Development, L.L.C. Change in Non-Conforming Use 403 33rd Street District 6 Beach May 11, 2016 REGULAR Jan Rucinski: The next item to be heard today is Item D2, Beach Borough Development, L.L.C. The application for a Change in Non-Conformity on property located at 403 33rd Street, District 6, Beach. Do we have a speaker for this item? Jeff Hodgson: Mr. Bourdon. This is where it gets real easy. The other one was getting tough. Jan Rucinski: Make sure you state your name for the record. Eddie Bourdon: For the record, Eddie Bourdon,Virginia Beach attorney. It is my privilege to come before the Commission on this application. I've given Mr. Weeden a larger version of the elevation of the proposed duplex on 33rd Street. It is easier to see than the one in your package,as well as a letter from the adjoining property owner on the east side, expressing support for the application. This morning I passed out and gave each of you a two-page handout that includes an index showing the properties on 33rd Street,and a few properties on 34th Street, which I am going to refer too in a just a second. But the composite map, as well as a listing of each property,the number of units on the property the properties zoning. These aren't tax accessed value, broken down per unit. I am going to refer to that in just a couple of minutes. The first thing that I want to say is that the first one of these that the Planning Commission has heard. It's an application for a non-conforming use modification. As Bill Macali appropriately and correctly pointed out this morning in the informal,the standard is equally or more appropriate use of the property than in the current use. The Staff has recommended approval of this application,which is something that the Commission should not take lightly. If we could put up the composite map or zoning map, either one,the zoning map would be great. I don't think you all have it up here. There have been two non-conforming use modifications approved by City Council unanimously with no opposition both on 34th Street. It doesn't look like you're going to get those up there. One of them is directly behind,well no exactly, caddy corner to this property.This piece of property was Rickman's property. It had, and I can't recall five or six units on it. I think it is six. It has been approved for a four-unit condominium that was shown earlier in the informal. Next to it is a piece of property that has seven units on it. These are the same size properties as we are dealing with here. I just want to point that out. And then there is the Zimmerman property to the east, and the next block of 34th Street that also was approved unanimously for a non-conforming use,and that is exactly number 12 on the list that I have provided to each of you. All I want to do is take just a second to go down this list of properties, and where they are located. They start on the north side of 34th Street.They begin with number 1, and they go all the way on the north side to number 8. Also, number 1,the same size as the subject property, same zoning as the subject property,A-12. It has five units on it. They are valued at$590,000. Property number 2, same size as the subject property, it has four units on it. It is zoned A- 12. Property number 3, double the size,A-24 zoning and it has nine units on it. And you can look at the valuations on it. Property number one, under its zoning, one unit. Property number two, by-right one Item#D2 Beach Borough Development, L.L.C. Page 2 unit. Property number 3, by-right four units. It has got nine. Property number 5, at the corner of Arctic and 34th Street,A-12. It has eight units on it, by-right, it had two. It has A-24 zoning. Our property with four units on it,A-12, can have one unit on it.The property next to us on the west has six units on it, with the same zoning,and by-right, it can have one. Next to us, a three-unit condominium, next to that is a three-unit condominium that by-right can have one. Next to that another three-unit condominium, by-right can have one. Across on the other side of 33rd in our block,the corner, property number 9, same zoning has 6 units on it, and by-right it can have one. At the corner of Arctic and 34th, across the street, caddy corner from us, a piece of property is A-36 zoning has 11 units on it, and by-right it can have five or six. I am not 100 percent sure of the actual square footage of the property. On 34th Street, number 11 and number 12,as shown, both have three units on them, and by-right, number 11 can have one. Number 12, I am not sure because it has split zoning between A-12 and A-18, I think one fraction, possibly two. And number 13, has currently three units on it and by-right, it can have,that is the one that I was talking about, it can have either one or two.The other two, numbers 14& 15,A-24 zoning with four-units can have possibly two units each on them. Every one of those properties is non- conforming, every single one. The City tried and would very much like to have had this property in the Form-Based code,which would be a good way to solve the problems. We can't up-zone any of these properties. We can't change the zoning on any of these properties because of the situation with the Navy. The Navy is the reason they are not in the Formed-Based Code. The non-conforming use modification process is the only way these properties are going to redevelop, and that is what needs to happen. It is only through redevelopment that we are going to get road improvements. We're going to get sidewalks. If this property redevelops,there will be a sidewalk in front of this piece of property. The only way these properties are going to improve is with redevelopment, and that is the non-conforming use process. At least the City has some control in that way. The A-36 piece that can redevelop from 11 units to five or six can develop by-right into a high rise. Anything they want built is pretty much acceptable in A-36. But that is the dilemma we have. But the benefit that we have has clearly been demonstrated. By the redevelopment taking place,organic redevelopment without one penny of taxpayer's subsidies and the Zimmerman property is the best example. Frankly,the one next to it, I don't know how it got done without a non-conforming use application. It should have had one. Apparently, it didn't have to have one. I don't know how that happened, but those two cases numbers 12 & 13, are perfect case studies on what a great thing, an organic redevelopment occurred. The Zimmerman property was valued at$406,000 before it was redeveloped. Now it is valued at $1,606,900.00. Four fold increase in the value of that piece of property. The one next to it, it is got to be very,very similar. If you look at the per unit values on these properties,they're basically less than $100,000.00 before redevelopment. Folks, on this application we spent months on it. We've applied the Form-Based Code design to this piece of property. We have done everything we know how to do. We went from having four parking spaces on site to having 11 plus the ability to stack three additional parking spaces. We are certainly not going to create a parking problem for anybody. We are reducing the density to a reasonable density,with three units on this piece of property, commensurate with the two properties, not the one adjacent to the west of this that was developed a number of years ago. It is not new. It has been there for quite some time. But the face value, because as they still show that properties number 7 &8 values of$370,000.00 per unit, rather than the$90,000,00, $50,000.00 and the $75,000.00,the stuff that we see up and down this street and on these old apartment buildings that are all, every single one of them, is non-conforming. So,the idea that we are now, after spending all of these months and getting to the point where we got a very high quality product. It will be valued and today is$370,000.00 tax value, it will be when we are done. When these units are sold to owner occupants, it will be that over a million and half dollars. And,you will have owner occupied units. You Item#D2 Beach Borough Development, L.L.C. Page 3 will have sidewalks.You will have a much better product than exists there today. And apparently, is are some thought that these should be down-zoned to help you live in a duplex. And folks,that is not going to happen. We are going to basically freeze in place just what is there now. The cash flow on these properties is going to stand in the way of redevelopment. If we tell all of these people who have properties that are worth a lot more money than with the cash flow they are getting, I'm sorry, if you want to redevelop,you get two units.That is all that you get. Because by-right,with the exception of the A-36 property, and the one A-24 property, a couple of A-24 properties, all they have is the ability to do one, and some two. So,the point here is if you can put a Form-Base Code type of policy in place in this area,which the City wanted to do, and tried to do, and the Navy wouldn't permit it, and they tried twice,and the Navy still said no, if we had that option, we wouldn't be here. We would be here with an Alternate Compliance,and this is the consistent with the other Alternate Compliance applications that have been approved in the OR District. This is a reduction in density. A huge increase in value and it's what the market will take care the necessary redevelopment of the street, if we stand in the way with the solution looking for a problem,we are going to be stuck with what we have on that street for the perceivable future.And that is essentially what this is all about. Now,this building,the duplex,the west unit is set back 12 feet from the property line, and about 18 feet from the edge of pavement,and there will be a sidewalk, as there has to be as a part of redevelopment. They will probably make us put in some curb and gutter as well. The eastern unit is back 18 feet from the property line because that is the driveway and parking and from the street. It is 30 feet from the actual paved section of the street. It is consistent with Form-Based Code. We have the distance in between, consistent with Form-Based Code. The setbacks were not any different and behind us we've got,to the north,we got a 4-plex. We showed it this morning,the elevation that was approved by City Council unanimously, on the same size lot. Jeff Hodgson:Are there any questions for Mr. Bourdon? Ronald Ripley: I've got a question. Jeff Hodgson: Mr. Ripley. Ronald Ripley: On the properties you were reciting,the one on 34th Street, 316& 319. Eddie Bourdon: Yes sir. Ronald Ripley: Were they done under a variance like this? Eddie Bourdon: Number 12 was done exactly and directly at Council, approved unanimously by City Council. Number 13, I do not know how, they did not require that to happen. They did a very similar development. Actually, I think it preceded 316. It has got split zoning, part of the property is zoned A- 18, part is zoned A-12. But my math, I don't know how you get to three units by-right on that piece of property? It should have been a non-conforming use modification, in my view, but regardless it is a beautiful new development with high value units. Ronald Ripley: The two that's mentioned,went directly to Council? It did not go to Planning Commission? Eddie Bourdon: This is the first time. This is due to a non-conforming use application that went south, Item#D2 Beach Borough Development, L.L.C. Page 4 and I was involved on Lookout Road in Bayside. From that point on,Council decided they should view these applications,that they should come to Planning Commission first. Ronald Ripley:Yeah. Eddie Bourdon: Right. That is what brought this one. And the one that is about to begin demolition, and reconstruction of the Richmond property here, and Carolyn had that this morning on this PowerPoint presentation. It has two units off the alley, and two in the middle. It is a 4-plex, again, approved by City Council unanimously with no opposition from any of the property owners in the community.This little section of area is somewhat stuck because of the situation with the MOU, and not be able to and we can't change the zoning on these properties. Ronal Ripley:The Commission has seen these types of applications in the former zoning area but they have not had any history of working in this particular type of area, and City Council looks like to me, I'm looking at this on my computer. I'm looking at elevations that were very similar to this.So they have ratified these things in the past is what you're saying? Eddie bourdon: That is absolutely right. The property is not shown to our west. The owner of that property is here, it's a six-unit building, and I have met with her and talked with her, and I'm not going to put words in her mouth, but she understands the need to have the ability to redevelop these properties, not necessarily today or next year or two years from now. But it would be an absolute. We're just going to be looking at these apartment buildings because of cash flow for the rest of any of our lives. If none of these properties can redevelop unless they build a duplex, it is just not going to happen. Ronald Ripley:Okay. Eddie Bourdon: What has happen with those two units, especially the Zimmerman property, and my clients frankly have built condos across Holly Road. Right here,you can see it on this particular map. And those units have sold for between $570,000and $640,000per unit. These three units will undoubtedly sell for a total combined of over one and a half million dollars. And they will be owner occupied versus these small apartments,eleven of them over here, nine down here,eight on this piece of property that have been there for decades and decades and decades. But we don't meet with the Navy situation. We don't have the ability to create any incentive for these properties to redevelop and if we take away the market incentive,then we're going to be stuck with just what we have. And that's not logical thinking. Most cities would give their right arm for this type of organic redevelopment happening without any values and incentives. Jeff Hodgson: Mr. Bourdon, and I know you said the number,the Zimmerman project, what number does that represent here? Eddie Bourdon: That is number 12. It should be highlighted in yellow. It is A-12,with three units, and the pre-development. There was a little apartment building on in there with three units that was torn down and replaced by the one with three units. It went from $406,000 in tax accessed value to $1,607,000 from all interest and purposes. Item#D2 Beach Borough Development, L.L.C. Page 5 Ronald Ripley: Can I ask one other question? Maybe it is statement. There was a question about sidewalks.Of course,the sidewalks were never built on the owner's property. It is built in the right-of- way. Do you anticipate having to build sidewalks in the right-of-way? I thought I heard you mention something? Eddie Bourdon:The City will require when we come in with a site plan, and in site plan review to redevelop this piece of property they will require the applicant to put in a section of sidewalk on his property. Ronald Ripley: On his property or the right-of-way? Eddie Bourdon: No, I'm sorry,you're right, in the right-of-way in front of his property. It's my mistake. Within the boundary lines extended on the sides of his property.That's the way the sidewalk will get built unless the City puts the money in to build the sidewalks. The City has done a lot of that at the oceanfront between Atlantic and Pacific on side streets, but I don't think there is any money in the budget, but the more of this type of redevelopment that balloons the tax base here, and gets owner occupied units here,the more likely the City is going to open its wallet and make some improvements, but no one is asking for that.That is what the City will require when we come in with a site plan to redevelop this property.They will require that we're going to have to widen the alley behind the property and put in a sidewalk in front of the property, in the City right-of-way. And,there is about 12- 14 feet of excess right-of-way until you get to the edge of the pavement or to you get to the property line. I don't believe there are any speakers. Jeff Hodgson: Does anyone else have anything for Mr. Bourdon before we go to the next speaker? Thank you sir. Eddie Bourdon:Thank you. Jan Rucinski: I believe we have one official speaker and that is Susan Gorog. Eddie Bourdon: She is the property owner to our west. It is the six-unit apartment building directly to the west. Jan Rucinski:So, there are no other speakers. Jeff Hodgson: Alright. So,we will close the public hearing and open it up for discussion. Who would like to start? Mr. Redmond? David Redmond: I'm glad that Mr. Bourdon stated things in that way because it was only when he went to his discussion that it occurred to me this is not in Form-Based Code because it looks so much like it. It really does. I think,for me,what it comes down to really is dead right. When you look at the profit, it is big bucks. Big flat wall,flat window, everything is pretty drab. That's how property owner maximizes value of property. He builds as much as he could with a little articulation. He spent the at least amount of money doing it. In this case, I think what we have is a rare opportunity, hopefully not that rare as we move forward,for someone taking a creative look and just look at this exhibit. This is very uncommon. All of these,you know,the differences in elevation and peaks, and the materials that are used are high Item#D2 Beach Borough Development, L.L.C. Page 6 quality,which we have seen more particularly in the Form-Based Code, and this is a place where you can do it, and ultimately the product is going to be an awful lot better than if we just say, nope, here you go. Now what? And if there is a duplex built on that lot, it is not going to be very attractive. And,there is going to be far less control over the materials used, and we're going to regret it. So, I think this is wrong to make the perfect the enemy of the good.This is pretty darn good. I think we're fortunate to have this kind of development opportunity at the oceanfront, quite frankly. It raises the bar, and can raise the bar for the whole neighborhood. As far as the unit in the back, this morning that seemed to be garnish, so much not a lot of love, quite frankly. That to me looks like a hell of a place to live. It is an alley to begin with, so I don't know how it could be so difficult. I envision some young person with a little bit of money will have the time of their life living there, and I bet you,you'll look at this and say"that was one that was a good opportunity, and thank goodness that we did it the right way." Because, I think this is the right way, and it is an alternative to something that we would in the end regret. And come back in 3,4 or 5 years and kind of check out our work, but I think this is an awful lot better than we would end up with in another scenario. Thank you. Jeff Hodgson: Is there anybody else? Ronald Ripley: I'm just going to speak to the applicant when he first came forth with their plan it was a little large and oversized. And this is still a large amount of space on this lot. But he has worked pretty hard to try get the elevations so they are keeping with a lot of the other developments that have occurred in and around this particular area. We just approved one last month or recommended for approval,which was at 528 21st Street. I realize that is Form-Based zoning but this is in keeping with that. If you look at the,fortunately, I have the elevations ups on 34th Street and very similar to what we just approved around 21St Street. And they were done under the old ordinance where the City Council heard it directly and we didn't have any input at all. So, it seems like it is in keeping with the patterns that are occurring,and I appreciate the applicant working on the elevations because if you take the property to the left prior to the revisions,the elevation they were looking at was just a huge big blank wall, and now I think you have character entered into it. There are architectural features,gables, and more windows and all those type of things that makes it look better so, I think the applicant has done well. I think staff has done a good job in working with them, and trying to get to the point where we are, so, I support it. Jeff Hodgson: I have a question of maybe Carolyn.You just referenced the properties that are on 22nd Street. What is the setback on those? Do you know which ones I am speaking of? Mike Inman: Eric Homes properties. Jeff Hodgson: Yeah. Dee Oliver: That is Form-Based Code. Carolyn Smith: Building frontage? Jeff Hodgson: I'm sorry. I am trying to visualize how close to the road they are. Are they setback more? Ronald Ripley: Are you talking about 34th Street? Item#D2 Beach Borough Development, L.L.C. Page 7 Bob Thornton: No, 215t Street. Jeff Hodgson: I think 215t Street. 22nd Street. In the meantime, can we see the picture of the structure that is there now? Do we have one? Dee Oliver: I agree that the applicant has done a great job with the elevations. I think they are creative and lovely and add a lot of different elements and style that we need in that area. The purpose of the Laskin Gateway started out as a huge project at the beginning at the cceanfront working its way west along with Cavalier project. They're bookmarks for this particular area that we have now designated into "Mid Beach",for lack of a better name. And because of that and with all the zoning,this particular project by-right, he can build a duplex. There is not a single-family dwelling allowed here at all, and not that I have a problem with it, with a small cottage in the back, most of the north end houses are like that. A lot of them are single-family dwellings in the front with garage apartments in the back. The footprint of this, he never has changed. I mean, he changed the elevations, but his setback is from the front is 30-foot setback, and he I asking for five feet. He is asking for five on the side, which would be then, and he is asking for seven or five on the rear,which requirements are 30, 10 and 10.I think the footprint for this piece of property is too large. I mean,we did this down in the Transition Area. We were careful with that. We were watching and people were coming in and building exceeding the lot size with what they were trying to build, and it is happening again.As far as the apartments on the other side of Holly Road, the townhouses that were built,the brick ones,they are beautiful. I actually looked at one at one time. They are running about$700,000-$800,000a piece, but they are not built to the edge of the road or to the edge of the property. They are within the boundaries of the setbacks, and I don't see why that is a problem in asking as we redevelop this area for people to go. That is why we have the zoning laws in effect. I'm not in support of this the way it looks. Mike Inman: I am going to say I am struggling with this. I am struggling with this because I've gone down the street at least seven times since this thing started. It happens to be on a path that I go. So, I've gone off Holly Road and driven down there. I've looked at the ones that Ron was talking about that were done previously on 34th Street.They are not this close to the road. I was trying to look to see houses now on this lot now. I don't think anything is this close, no existing structure on this street. I don't think after looking at it a number of times, I don't think anything is going to be this close to the right-of-way. I don't know if we want to be this close to the right-of-way ever. So, I don't have a problem with the three units. It is a nice layout. I just have a real concern about how close it is to 33rd Street. That is my main concern. Jan Rucinski: I sort of ditto those same remarks. I'm sitting here on the fence because I believe it looks like it is a good product, but I also agree that it is too big for the lot they are putting it in. I also not opposed to the three units. But I am opposed with how close it is going to be.And everybody on that street builds something that close to each other and the street,than there is no property. There is nothing. There is no open area.There is no grass. There is no nothing. Everybody is on the road and you can reach out of our window and shake hands with your neighbor. Jeff Hodgson: Karen. Karen Kwasny: I am in agreement with Jan, Dee and Mike in terms of,well actually, I am more in agreement with Dee because I am also in opposition to this mainly because of the size and scale of the building. I think that three units are not a problem at all. It is the absorbing all the space around you in Item#D2 Beach Borough Development, L.L.C. Page 8 order to get in as much as you can, and I don't think aesthetics have to be, and it will give you this at the expense of something else, and so we are losing something when we go this large on a lot like that in that area where that's not in keeping with what's surrounding it. It takes up too much space in my opinion, and then you lose what you're looking for in the first place,which is that view from the street. Jeff Hodgson: Is there anybody else? Carolyn Smith: Excuse me Mr. Hodgson? Jeff Hodgson: Yes. Carolyn Smith: I do have confirmation that the setback on 22nd Street is 5-foot. Jeff Hodgson: It is 5-foot. Dee Oliver: Which is form-based code. It is falling under form-based code. Carolyn Smith: Correct. Ronald Ripley: How about 21St Street? Do you think it is about 5-feet? Carolyn Smith: Correct. Karen Kwasny: Which is the difference between form-based code and not. Ronald Ripley: That is schematics in my opinion. If its looks the look and Form-Based Code intended to design to a look and that is what this designed to. That is why I am up in the air on that. It looks like to me when you put the 5-feet in front of it, and then the property another 14 feet in the right-of-way, it gets sidewalked and landscaped,then I think you get the same look. It is the same thing. Dee Oliver: I am not disagreeing with you but form-based code is based more on urban design and I don't know if that in this particular area,that we're looking for that. I mean, right here. It's not a huge area, and granted the apartment building,what is that Linkhorn Oaks, is that the name of the apartment building, west of it. That will be redeveloped. All of it is going to be redeveloped. And most of all it, its time is coming. And so, since we have this opportunity for this and it is a small area, we're talking two blocks, basically, maybe three. It is a good opportunity to come in and address aesthetically how we want it to be. It doesn't need to be in this mass. It doesn't need to go five feet. I think it is too large in scale. I think we can do better. I think he has the capability to do better and scaling it down a little bit and give us a little more space, more connectivity, more walkability, more of a north end look because that is where we are. We are coming from 31st Street and we're going north. We've done it with the Cavalier project. We're working at the North End to not let this happen in the North End for that particular reason. And, I think he can do a great job, but I think he can make his footprint a little smaller. I would hope he could do that. I would encourage him to do that. Ronald Ripley: Does the applicant want to do that? Defer and try it again? Item#D2 Beach Borough Development, L.L.C. Page 9 Eddie Bourdon: The first application.This is a smaller footprint than the first application. And, under Form-Based Code,which this makes 100 percent,just so there is no ambiguity. This is exactly what, in fact, the only thing that doesn't is this unit with the access in the front. If we had both of these up here, it would be exactly Form-Based Code. Form-Based Code requires a separation between the units, which we have achieved. The notion that this area with this density existing, it is in the north end. It is not single-family duplex north end.This is an urban area. It's urban without any doubt whatsoever, and to suggest moving this back 30-feet. They could have one big massive building, which is what I heard the first time was the problem because we had both units on this side,the garage on this side, and basically the use of the property was one massive building.That doesn't exist anymore in spite of some people's impressions. So,to move this back thirty feet,we eliminate or we substantially squeeze from the east. You wind up with one big massive wall. No matter what you do unless you want to build a small inexpensive units,which defeats the whole purpose of creating a much better, more valuable owner occupied area rather than a renter's area. And that is what Form-Based Code and like I said earlier,the City tried and has tried twice to get the Navy to agree to let us put Form-Based Code here, so the idea that now all of a sudden form-based codes is not a good idea here, I'm just not, I am no understanding where that is coming from. Sorry, I do not understand the thought processing Form-Based Code is now. Call it a slam dunk. Great thing for the City and it will continue to be and this is the perfect place for it, if we can put it there but Form-Based Code doesn't have limitations on the number of units,and that is what the Navy didn't like. The argument and try to use that Form-Based Code architecture and separations and putting in sidewalks and putting porches out on the street,the fact that isn't a good residential look in an area where you got 11 apartments across the street, eight of them on the next corner, nine next to that. I don't follow. I don't have that concern. And I have not heard that concern from anybody else in these three blocks or four blocks. Jeff Hodgson: Dave has been waiting for a while. Dave Weiner: I just want to say something real quick. I came in here on the fence but after listening to everybody I didn't realize a couple of things from what Mr. Bourdon said and I am going toward Ron and Dave and the only reason why just because of the fact that Council has tried to get this change in Form- Based Code so I kind of want to move it around and maybe get that same picture. And they tried it a couple of times. Now they can't do it because of the Navy to have a non-conforming use right to try to get to look like form-based code, it's going to look a heck of lot better than what is there now. Jeff Hodgson: Mr. Inman. Mike Inman: I'm not talking about Form-Based Code. It has nothing to do what I am talking about. If this had the same appearance in terms of setback, as the two projects that Eddie talked about that were done at 316&319 34th Street that would be fine. I don't know what those setbacks are. I don't know how far back they are from the actual pavement or from the right-of-way. I wish this project was stated and I could go look and see where it was going to be because it so hard to understand since the pavement up there is not up to the edge of the right-of-way. You can't really figure out how it is going to be situated relative to the street and how imposing or not it is going to be. But, I think it is going to be closer to the pavement,closer to the right-of-way than 316 & 319 34th Street by a number of feet. So,that's really my whole concern. Jeff Hodgson: How far is the existing four unit structure setback right now? Do you know that answer? Item#D2 Beach Borough Development, L.L.C. Page 10 Eddie Bourdon: 27 feet Mr. Chairman. Jeff Hodgson: It is 27? Eddie Bourdon: 27 feet. The western unit will be about 12 feet. The eastern unit will be 18 feet back from the property line,from the edge of pavement the eastern unit will be about 32 feet back, 31 or 32 feet back from the edge of pavement and the western unit will be to the porch will be about 15 or 16 feet from edge of pavement. To the actual enclosed structure, it will be 21 or 22 feet back from the edge of pavement. Jeff Hodgson: So the first is getting the porch edge? Eddie Bourdon: On the east side. The west side you have 18 feet of parking pad. There is a second floor porch balcony that would be a little bit closer but you can see it is back beyond the face of the building. I did the Zimmerman application on that other question, and I wish I had brought it with me. I am certain that the setbacks are not 30 feet. But I do agree with Mr. Inman's characterization that it is setback further than these are setback. I believe the porches are probably at a 18 or a 20 and the building more than that but that's from the property line. I don't know how much excess right-of-way exists on 34th Street but that's from feeble minded memory. I am not getting any younger but that was a few years ago. Ronald Ripley: The picture looks maybe double or maybe 10 feet or so. Eddie Bourdon: And it could very well be. I am talking about the one on 34th Street.The one on 215t Street, I know,those are five feet.There is no doubt about that. No doubt whatsoever. Jeff Hodgson: Carolyn? Carolyn Smith: On 34th Street setback for the porch is 15 feet. Eddie Bourdon: So, 15 feet. I'm sorry, I had a memory lapse. Ronald Ripley: The two garages? Eddie Bourdon:They have three garages on the alley in the back. They have the benefit of having a wider lot, so the three garages all line up on the back on the alley, and the three units all front equal distance to 34th Street in the front. Jan Rucinski: What would be the possibility of reducing the interior square footage to allow for a little bit more setback? Jeff Hodgson: That becomes an economic decision. Eddie Bourdon: That is ultimately, I hate to say this, it is not unreasonable question that you're asking Jan. The real problem comes in is when you look at the other zonings on these other pieces of property, and what we're going to do when they need to redevelop, and they need to put, because they got nine Item#D2 Beach Borough Development, L.L.C. Page 11 units or eight units. They're going to want to do four or five, six units, not two or three units. And we're going to wind up,the only way we're going to get these properties to all redevelop with the amount of density that they have today and the cash flow they have today to go away and get new owner occupied stuff, is if we have to hold for a 30-foot setback,that's not going to happen on these properties. They are either going to be on the street or they are going to go up because they are not going to build.They are not going to get rid of nine units and eights and eleven units, and build three.That won't happen. So, we squeeze ourselves today and say on 331d Street, we're not going to have anyone build within 30 feet of the front yard setback we're going to have a problem.That is why the City has tried twice to get form-based code her because it will 100 percent work. In fact,there is more density here than a lot of places on the south of 32nd Street where we put it. That is why it made sense to do it here. But we can't do it. I don't want to drag a whole constant issue but it has been tried. It has been tried twice. Then all of a sudden out of the blue,we think these ought to be 30-foot setbacks. It is not seeing the big picture. I apologize. I am not trying to sit here and be antagonistic or critical to anyone but the staff has this right. They are your professional staff and they lived this like some of the rest of us for the last 25 years. It is going to be closer than what is on the street today. Absolutely. But if we tell everybody that you got to setback 30 feet,we're creating another problem. Jeff Hodgson: We never said 30-feet. No one ever said 30-feet. Eddie Bourdon: I did hear that this morning. Dee Oliver:T hat's the proposed. That's a requirement. The requirement is 30-feet. Eddie Bourdon: I thought I heard people suggesting 30-feet. Jan Rucinski: No,that is why I was wondering if there was an opportunity to make a compromise like Carolyn said,the other one on 34th Street is got a 15-foot setback that you know, can there be some compromise that we can come up the required setback that he could provide a little bit more by changing something on the interior. Eddie Bourdon: If the idea is,two things are going to have to happen. You make the apartments a little bit smaller less valuable and you would also squeeze the units together because unlike the other ones on 34th Street because of the wider lot, they don't have the third unit in the back. They just have garages there, so you have a nice separation. What you do when you push this back. To answer your question,there is not going to be the ability to push those back 10 feet or 15 feet without squeezing the two together more. Jeff Hodgson: I think that is the question though. Would you rather have it on the street or take five more feet from the back. I know you did kind of what you was asked was when we looked at this before it looked like a cruise ship. It was a giant wall down both sides, and we asked you to separate it, which you did. I mean,to be honest with you, my finger is in the middle of these two buttons right now, and it still is, and I am still weighing all this. Eddie Bourdon: I'm not saying that we won't try again, I need to talk to my client who is here. But I want to mention one other thing that we tried very hard to do as well. We happen to have the support of the property to our east and the owner of the property to the west who is here.There is one benefit that Item#D2 Beach Borough Development, L.L.C. Page 12 this provides that moving this back, it hinders and that is they have a building over here that starts here, and it is not going to be torn down anytime soon, but it extends with six units all the way back here. So, now we have a very extensive area where we are not building anything in front of her building, and blocking the view to the east. So that building is oriented with the views facing the east, so, by having it forward, it actually minimizes the impact on her units as they exist today. I believe that made sense for them and ultimately like I said earlier,and I am repeating myself, because of the other more dense development that is going to come into redevelop through this same process, I don't know that setting a precedent that we need to be 15-feet back is a wise precedent to set. So, that is my two cents. Because I think you're going to be putting more units on those properties that have eight, nine, eleven units on similar size piece of property, and you're not going to come in and do three and be able to make the numbers work. Jeff Hodgson: My concern when you first came in was the size, like I said it was a giant wall on both sides. I think you addressed that.The other concern we had was the parking, and I think that was a big issue and you more than exceeded expectations of parking. One of the roughs now, and we're hearing from a number of people is the setback, mostly on the front of the building. I'm a little different on that. I kind of like the stuff pulled the front because I like that more urban style landscaping like we have on 215t and 22nd Street. But I guess this is a question for everybody up here,and I don't know if we can answer this. I mean, am I hearing that is if all the duplexes were slid back 5-feet,would that make a difference the way people feel or is that splitting hairs? Dee Oliver: No, personally, I think, like I said, I think he has done a great job as far as the elevations. I think even if he builds his duplex by-right, if that is what it ended up with he is still going to do a good job on his elevations. Why would you not do that to begin with? That just makes good sense. Jeff Hodgson: I didn't mean to cut you off. Dee Oliver: But to push the requirement the way they have been pushed to five feet from 30,and I am not saying 30 feet Eddie. I am not asking for 30 feet. But to push them to the limit that he is pushing them, I think is unreasonable. Eddie Bourdon: Excuse me. I don't meant to cut you off. I will talk to see. There wasn't an effort to push and just try to build very high end use and Form-Based Code. Dee Oliver: I understand. We don't have Form-Based Codes. Eddie Bourdon: If the City had control of it,we would. Jeff Hodgson: I know Barry is running out. Barry Frankenfield: I didn't try to sneak out. Dee Oliver: I'm sorry Barry Jeff Hodgson: Not that I don't believe Mr. Bourdon. Item#D2 Beach Borough Development, L.L.C. Page 13 Dee Oliver: Do I take this personally? Barry Frankenfield: I was trying to think when I could leave. Jeff Hodgson: I caught you just before you got out the door. Not that I doubt Mr. Bourdon. But was the City looking wishing that for the Form-Based Code? Barry Frankenfield: I think that the fact that it was attempted to be included and considered and it was not because of the amount of increased density. So, I don't know that we intentionally said, we would love to have this as Form-Based Code. My understanding is that yesterday from Stephen White is that it was considered but it was rejected by the navy because of the amount of increased density. Dee Oliver: Right. Jeff Hodgson: So, in this case, he is taking the density down. Eddie Bourdon: I will talk to my client. Let me see if we can get something done here. This one is already is 15-feet back to the second story balcony. It still makes sense to have these skewed. It doesn't look good if we have them straight across. If we push this unit back 5-feet,this gives you 10-feet plus roughly 12-14-feet of unimproved right-of-way. If we push this unit back five-feet that will give you a 10-foot to the porch here, and again, like I said, repeating myself, probably about 15-feet from the second sorry balcony there, and we still have the offset with that is sufficient. Jeff Hodgson: You're giving 15-feet? Eddie Bourdon: 15-feet on one and ten on the other to the porch,to the enclosed structure is another 6 or 7 feet. Bob Thornton: And we're not talking about anything on the 33'A Street. Eddie Bourdon: No,and they are not setbacks from 33 %2 Street. Bob Thornton: So,you're saying there that the driveway says 18 x 18 and you're calling it 15? Eddie Bourdon: The driveway is 18 x 18. What you see here at 15 is the second story balcony is what I was referring too. Bob Thornton: Okay. Dee Oliver: Which is the overhang for the porch? Jeff Hodgson: Yes. Dee Oliver: Okay. Eddie Bourdon: On the west unit, this is a first floor porch at grade. On the eastern end, what's here is Item#D2 Beach Borough Development, L.L.C. Page 14 a second floor porch or balcony, whichever you want to call it. It is above.You can't leave it as above parking spaces. Bob Thornton: You push Unit A back almost even with the back of Unit B somewhere, maybe not quite that far back. Eddie Bourdon: That's right. Bob Thornton: Okay. Eddie Bourdon: If I could? The existing building. The existing building that is there now because it is setback further,the back of the building is actually slightly behind the back of this building here. It is right in here where the current back of the building is.So,we're not going further back than what's already there. Jeff Hodgson: So, looking at Unit A on the front where it says 5 feet,that becomes 10 feet. Eddie Bourdon: Yes sir. And we still have enough room for the parking. Mike Inman: You got 23 feet to the pavement. Eddie Bourdon: Yes sir,to the pavement. That's the area that will be a sidewalk and landscaped and green, and they will probably make us put a curb. Jeff Hodgson: Mr. Redmond Dave Redmond: So,you push that back what happens to the rest of the building? You slide it back into that open area? Eddie Bourdon: No.This isn't moving Dave. This is the driveway, so we will move this building back five feet. It wouldn't quite line up with the back of the eastern unit. It would be a couple of feet inside that. This is the access to the driveway, and the two garages for that unit there. It doesn't reduce. Dave Redmond: That was my concern I want to make sure there was sufficient break in there and that two garage stays a two car garage. Eddie Bourdon: That is not going to change that at all. What will happen, it is possible this driveway section may come back a couple of feet to make sure we have a 18 x 18. I can't imagine it is going to be more than a foot or two if it has to go back at all. Jeff Hodgson: I think we are trying to get you to the goal line. Eddie Bourdon: That will be very appreciative. Jeff Hodgson: Okay. Thank you. Are there any other questions? Item#D2 Beach Borough Development, L.L.C. Page 15 Mike Inman: I make a motion that we approve the application subject to the plans showing Unit A setback to 10-feet to the first five feet shown in the exhibit by the applicant. Jeff Hodgson: A motion made by Commissioner Mike Inman with the change to the setback and seconded by Ms. Oliver. Mr. Weeden. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission has approved the application of Beach Borough Development, L.L.C. with the change in the setbacks. Eddie Bourdon: Thank you. -38- Item-V-J.5a/b PLANNING ITEM#64635 The following individuals registered to speak: Eddie Bourdon, Attorney for the Applicant, advised there has been a number of meetings with City Staff and, as a result of those meetings, Proffers have been added to the Proffer Agreement, whereby the Applicant agreed to enter into a cost participation with the City, should the City choose to include the improvements to West Neck Road in the CIP. Thomas Luchmore, 3192 Gallahad Drive, Phone: 301-6765, represented the 1,900 residents of West Neck Commons that are opposed of this proposed development. Mr. Luchmore recapped the last City Council meeting on this issue: the Developer presents a good, $80-Million, 153 home project, meeting, in their minds, the needs for the Transition Area requirements. West Neck Commons residents oppose, based on long-standing safety concerns of West Neck Road from Signature Drive to Kellam High School. Over the past ten (10)years, much of the safety improvements made to this road have been lost to wear and tear. Now there is a CIP being proposed, West Neck Road Phase IV, from Kellam High School with improvements to the Southern entrance of King Farm. It is his understanding the requested CIP is labeled "above-target", meaning it exceeds the Public Works Fiscal 2016 Budget Submission Guidelines. The first year of the CIP will only consist of Engineering Plans and Drawings, with the possibility of property acquisition. Both West Neck Villages and Indian River Plantation are, for all intensive purposes, completely "built out". This new Proffer does not provide a guarantee of a safe road. We do not oppose the development after the road is fixed. But until such time, the residents of West Neck Commons do not support the Rezoning and request City Council once again DEFER voting on this development until the CIP is approved. Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council, APPROVED, AS PROFFERED, Application of KING FARMS,LLC/KING FARMS,LLC and PAMELA GRAY re new construction at 2852 and 2876 West Neck Road DISTRICT 7—PRINCESS ANNE a. Change of Zoning from AG-1 and AG-2 Agricultural Districts to Conditional PD-H2 Planned Development R-20 Residential P-1 Preservation Districts b. Floodplain Variance BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of KING FARMS, LLC/ KING FARMS, LLC and PAMELA GRAY re new construction at 2852 and 2876 West Neck Road (GPINs 1493959189, 1493966386, 1493969675, 2403048740 and 2403056472) DISTRICT 7 — PRINCESS ANNE a. Change of Zoning from AG-I and AG-2 Agricultural Districts to Conditional PD-H2 Planned Development R-20 Residential P-1 Preservation Districts b. Floodplain Variance March 7 21)11 -39- Item -V-J.5a/b PLANNING ITEM#64635 (Continued) The following condition shall be required: An Agreement encompassing Proffers, including the revision, shall be recorded with the Clerk of Circuit Court This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Third day of March, Two Thousand Fifteen Voting: 10-0 Council Members Voting Aye: Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: M. Benjamin Davenport Council Members Absent: None March 3, 2015 4 t••• 41%i 0 i.k,. A K'' , v ' v n.- tr At, or 4'44) Of 4407.7,o' ovviEllo 4,...›..,*, AIN Viti VT" VAlb,,V # . ) i iffir \.4,&44.44 C *I rill , / • ay.',..&4 0- 1 grAtzEt.Ert EL,-. No7 410 4,17rdp ' 0 Iti- I 1P „..." 40, iive;,.%, 14* 0 I4 0 tsor„.'''4 411r - 1 -.NOIR • ••••te \‘'`..., I< iiliCCQC1 o1 11.."-------N' \ kr 0 \\,\ \ ,....4„, cm4; ' \ < Er; a \ \ \ \ e4 ,\\\ \ \Cifir, „\\ 1)% • , Q p 0 '102giee ...---N. .....zir, A.:. 4,.9,..1 —41r J eir eoeser) ca - % _ 0 -.44,0, _0. tO A 0 C Aj• e , \ .. . Tin qt-- ' ,LO1 I 4 740,4*4174 VII 14 Wu 6 ,A l t - • - \ , "elk Hopos ilifoifiwit.s.cfik ta OW. . 1 ,./4 'fil'—• V4K,4444,41116 <,111, , ilt:V 4., ,.......... .. ...,,,...,...,,... t,..., ,.,.., , , , ..... ,_ 40. .. ... „.....,?,,_. , i illt .411 TM. ' -I ihh•- 10 VIM it A [. is,(11-"%,1„1 jhe CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KING FARMS, LLC [Applicant] KING FARMS, LLC, PAMELA & STEVEN GRAY [Property Owners], for a Modification of Proffers of a Conditional Rezoning (AG-1 & AG-2 to PD-H2 (R-20) approved by City Council on March 3, 2015. East side of West Neck Road, across from the Villages at West Neck (GPINs 14939696750000; 24030564720000; 14939591890000; 14939663860000; 24030487400000). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: June 7, 2016 ■ Background: On March 3, 2015, the City Council approved a change of zoning on this 158- acre site. Based on discussions with potential home builders who are interested in purchasing lots within the development, this modification is for adjustments of the front yard setbacks that are set forth in the approved Land Use Plan (Proffer #9). • Considerations: This modification, according to the application, will reflect the anticipated market for the new dwellings throughout the development. It is Staff's opinion that this change will have no bearing on the overall quality of the project. The request does not reduce the amount of open space or density proposed, it simply allows for slightly larger dwelling footprints. The minimum front yard setbacks for four of the neighborhoods is proposed to be changed from 30 feet to 25 feet, with an additional 10-foot setback for front- loading garages; and, in the fifth neighborhood (West Neck Village), it is proposed that the front yard setback be modified from 50 to 30 feet, with the same additional 10-foot setback for any front-loading garages. • Recommendations: The Planning Commission placed this request on the consent agenda and recommended approval with a vote of 11-0. • Attachments: Staff Report and Disclosure Statements Proffer Agreement Minutes of Planning Commission Hearing Location Map King Farms, LLC Page 2 of 2 Submitting Department/Agency: Planning Department City Manager: _..:_____,>.\-- , Applicant King Farms, LLC Agenda Item Property Owner King Farms, LLC, Pamela K. & Steven A. Gray 1 Public Hearing April 13, 2016 8 c'i,yoi City Council Election District Princess Anne Virginia Beach Request Modification of Proffers (Modification to the proffer agreement for a change of zoning from AG-1 & 2 to PD-H2 with R-20 overlay approved A+, 4'` by City Council on March 3, 2015) I °ry 06 �ah�ar`e. /Staff Planner "° GO,Ndearye Carolyn A.K. Smith I,/Li..9".` Location i o East side of West Neck Road, across from the i Villages at West Neck �e8"�' o^ ° s s"e GPINs E° 14939696750000; 24030564720000; t $I � °°"idBe��e et 14939591890000; 14939663860000; c 3 ji 24030487400000 h Site Size �d^�eQ R°ad "eeRet lebroo ,ail Nestrei Lie 158.03 acres 65.70dBDNL AICUZ Less than 65 dB DNL 65-70 dB DNL; Sub-Area 2 Existing Land Use and Zoning District Cultivated fields, single-family dwellings/ PD-H2Iv : .,z - ' '` with R-20 overlay ?'< Surrounding Land Uses and Zoning Districts ;:' bre °ne 5�,et.4'.. `'�' s w North ..Single family dwellings, woods/AG-1 &AG-2 Agricultural -4,.. `. ---_,..= .-"Ii South West Neck Road ,f �. Cultivated fields, woods, cemetery/AG-1 &AG- :rt 7 r'R, 2 Agricultural ' # p� East if ,, .i �;y r ;' ':/4.4 foo"': `+ e, Wooded marsh/AG-1 Agricultural t4. ,t. West `: '14' _ . , West Neck Road IF Single-family dwellings,golf course/ PD-H1, P-1 Preservation, Conditional R-20 Residential King Farms, LLC Agenda Item 8 Page 1 Background and Summary of Proposal • The purpose of this request is to adjust the minimum front yard setbacks as set forth in the Land Use Plan (Proffer#9) of the 2015 rezoning approval. • This request includes a reduction in the front yard setbacks of all single-family dwellings and garages for each of the five neighborhoods. These reductions are a result of discussions that the applicant has had with home builders who are considering constructing dwellings on the lots in this new subdivision.This reduction will allow for a larger home footprint. • The minimum front yard setbacks for four of the neighborhoods is proposed to be changed from 30 feet to 25 feet, with an additional 10-foot setback for front-loading garages; and, in the fifth neighborhood (West Neck Village), it is proposed that the front yard setback to modified from 50 to 30 feet, with the same additional 10- foot setback for any front-loading garages. Zoning History .‘.,,.. : . A I. / , ; ' # Request /4 / - rJ 't 1 CRZ(AG1&AG-2 to Conditional PD-H2 with R-20 IA• 3 ir•" 4 �� overla y)Approved 03/03/2015 2 CUP(Assembly Use)Approved 02/12/2013 3 CUP(Private Sewage Treatment Facility)Approved P t '�'�� AGA 6 05/24/2011 AMMO REZ(Conditional R-10 to AG-1)Approved 06/08/2010 q „�; REZ(AG-1&AG-2 to Conditional R-10)Approved ," P"1 f 1 08/24/04 P 1eR 0,41“, 4 CUP(Housing for Seniors& Disabled Persons)Approved ;714!a 09/14/2004 �, . AAG-2 I 5 REZ(AG-2 to PD-H1& P-1)Approved 05/11/1999 !r '.•Asj►fyCi� �AG-1 AG-2 J rel ??.w;�,R`, 6 CUP(Outdoor Recreation Facility—Golf Course) Approved 07/08/1997 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan designates this property as being within the Transition Area. The Transition Area serves as a unique land use buffer between the low-density Rural Area from the more densely developed Suburban Area. Within the Transition Area, the Plan calls for development patterns that promote open space, low per acre density and preservation of natural features. Discretionary development proposals within the Transition Area, according to the Plan, should be well-planned, cluster residential development at densities no more than one dwelling unit per acre. New development should incorporate the specific planning and design principles established in the Transition Area Design Guidelines as well as adhere to the provisions of the Oceana Land Use Conformity and AICUZ programs. King Farms, LLC Agenda Item 8 Page 2 Natural and Cultural Resources Impacts The site is within the Southern Watersheds Management Area (SWMA) and has Special Flood Hazard Area and jurisdictional wetland impacts. No encroachment into the SWMA 50-foot buffer is permitted without a variance. All land within the 50-foot buffer is proposed to be managed by the property owners' association as common open space.A small portion of the Special Flood Hazard Area is proposed to be re-graded for the open space amenities and filled in order to construct a portion of the roadway. In terms of jurisdictional wetlands,the United States Army Corps of Engineers has approved the delineation but has not yet issued a permit for the proposed impacts.These are wetlands that are regulated by State and Federal agencies.The applicant's engineer has informed Staff that a permit will be sought once final engineering plans are prepared and the exact impacts to wetlands are determined.Approval by the City does not relieve the property owner of responsibility of meeting all State and Federal regulations. East of the subject property is the West Neck Creek Natural Area.As a valuable aesthetic resource,the West Neck Creek Natural Area offers opportunity for passive recreational uses,such as hiking, fishing, bird watching, nature observation and photography. Traffic Impacts Street Name Present Volume Present Capacity grate'ti+c, West Neck Road 4,000 ADT 1 13,600 ADT 1(LOS 4"C") Existing Land Use 2-1,546 ADT 15,000 ADT 1(LOS°"D") Proposed Land Use 3-1,546 ADT 'Average Daily Trips las defined by rezoning to 3 no change in number of units or type 4 LOS=Level of Service PD-H2 with R-20 overlay in of units,so no change in ADT 2015 anticipated for 2015 rezoning Master Transportation Plan (MTP) and Capital Improvement Program (CIP) West Neck Road is a two-lane road transitioning from a suburban minor arterial to a rural road; planning documents and past CIPs have called for its reconstruction as a suburban minor arterial with a modified alignment to reduce the horizontal curvature and increase safety. Public Works/Traffic Engineering Staff has waived a traffic impact study for this application as the proffer agreement includes left-turn lanes at both entrances and a right-turn lane at the southern entrance. Public Utility Impacts Water This site has several existing water meters that may be used or upgraded to accommodate the proposed development. All proposed lots within the subdivision must connect to City water.A hydraulic analysis is required to ensure potential water demand can be met.There is an existing 12-inch City water main along West Neck Road. Sewer Two homes on this property are currently utilizing a private force main. All proposed lots within the subdivision must connect to City sanitary sewer. Analysis of Pump Station #636 and the sanitary sewer collection system will be required to ensure future flows can be accommodated. There is an existing six-inch and ten-inch City sanitary sewer force main along Nimmo Road and an existing 16-inch City sanitary sewer gravity main along West Neck Road. Water and sanitary sewer service must be verified and improved if necessary so that the new buildings will have adequate water pressure, fire protection and sanitary sewer service. King Farms, LLC Agenda Item 8 Page 3 School Impacts No impact to the number of students anticipated to attend the Virginia Beach City Public Schools with this modification of proffers request. Evaluation and Recommendation In Staff's opinion, the request to modify the front yard setbacks in the approved Land Use Plan (Proffer 9)to reflect the anticipated market for the new dwellings throughout the development will have no bearing on the overall quality of the project.The request does not impact the amount of open space or density proposed, it simply allows for slightly larger dwelling footprints. Staff recommends approval of the modification subject to the proffer below. Proposed Proffer Modification Proffer 1: Proffer numbered 9 as contained in the 2014 Proffers is hereby deleted and replaced with the following amended Proffer number 9: 9. The dimensional and setback requirements applicable for each identified neighborhood in King's Landing shall be as follows: A. West Neck Park (i) minimum lot width 100 feet (ii) minimum lot area 12,000 square feet (iii) minimum front yard setback 30 feet (iii.a) minimum front yard setback for any front loading garage shall be no less than 10 feet greater than the front yard setback of the constructed dwelling 40 feet (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 25 feet (vi) minimum rear yard setback 20 feet (vii) maximum building height 42 feet (viii) maximum lot coverage 35% B. The Meadow View (i) minimum lot width 80 feet (ii) minimum lot area 10,000 square feet (iii) minimum front yard setback 25 feet (iii.a) minimum front yard setback for any front loading garage shall be no less than 10 feet greater than the front yard setback of the constructed dwelling 35 feet (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 20 feet King Farms, LLC Agenda Item 8 Page 4 (vi) minimum rear yard setback when adjacent to Open Space 10 feet (vii) minimum rear yard setback when rear property line is contiguous with the side or rear property line of an adjoining building lot 20 feet (viii) maximum building height 42 feet (ix) maximum lot coverage 40% C. The Central Park (i) minimum lot width 80 feet (ii) minimum lot area 9,600 square feet (iii) minimum front yard setback 25 feet (iii.a) minimum front yard setback for any front loading garage shall be no less than 10 feet greater than the front yard setback of the constructed dwelling 35 feet (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 20 feet (vi) minimum rear yard setback when adjacent to Open Space 10 feet (vii) minimum rear yard setback when rear property line is contiguous with the side or rear property line of an adjoining building lot 20 feet (viii) maximum building height 42 feet (ix) maximum lot coverage 40% D. The Park Side (i) minimum lot width 80 feet (ii) minimum lot area 8,000 square feet (iii) minimum front yard setback 25 feet (iii.a) minimum front yard setback for any front loading garage shall be no less than 10 feet greater than the front yard setback of the constructed dwelling 35 feet (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 20 feet (vi) minimum rear yard setback when adjacent to Open Space 10 feet (vii) minimum rear yard setback when rear property line is contiguous with the side or rear property line of an adjoining building lot 20 feet (viii) maximum building height 42 feet (ix) maximum lot coverage 40% E. The Creek Side (i) minimum lot width 80 feet King Farms, LLC Agenda Item 8 Page 5 (ii) minimum lot area 8,600 square feet (iii) minimum front yard setback 25 feet (iii.a) minimum front yard setback for any front loading garage shall be no less than 10 feet greater than the front yard setback of the constructed dwelling 35 feet (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 20 feet (vi) minimum rear yard setback 10 feet (vii) maximum building height 42 feet (viii) maximum lot coverage 40% An accessory structure, approved by the Architectural Review Committee, measuring not more than 150 square feet in size may have a setback of five feet(5')from a rear property line and/or a side property line not adjacent to a street. All fences approved by the Architectural Review Committee must be open style(i.e. not solid), no greater than fifty percent(50%)opaque and not greater than five feet(5') in height. Open style fences with brick or stone pillars and matching bases no greater than eighteen inches(18") in height may be approved. Proffer 2: With the exception of Proffer numbered 9 as hereby amended, all of the proffered covenants, restrictions and conditions set forth in the 2014 Proffers are unchanged, ratified and affirmed. Existing Proffers Proffer 1: When development takes place upon that portion of the Property which is to be developed, it shall be as a single family residential community of no more than one hundred fifty-three (153) building lots substantially in conformance with the exhibit entitled "CONCEPTUAL LAYOUT PLAN OF KING'S LANDING WEST NECK ROAD VIRGINIA BEACH,VIRGINIA", dated 04/28/14, prepared by Richard Browner and MSA, P.C.,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning("Land Use Plan"). Proffer 2: When the Property is subdivided for development,the Grantor shall dedicate to the Grantee approximately seven and one-half(7.5±) acres of West Neck Road right of way along the Property's frontage, substantially as depicted on the Land Use Plan. The Grantor will also construct the multipurpose trail within the dedicated West Neck Road right of way substantially as depicted on the Land Use Plan. Proffer 3: When the Property is subdivided for development, a one hundred fifty foot(150')wide "TRANSITION AREA BUFFER EASEMENT" shall be dedicated to the Grantee substantially as depicted on the Land Use Plan. When the Property is developed,the Transition Area Buffer shall be improved by the Grantor with ponds, berms and landscaping substantially as depicted on the Land Use Plan. Proffer 4: When the Property is subdivided for development, approximately 90.86 acres of active open space, passive forested open space,Transition Area Buffer and ponds as depicted on the Land Use Plan shall be zoned P-1 Preservation District. All of the Open Space areas including the "150'TRANSITION AREA BUFFER EASEMENT" shall be conveyed to and maintained by the Property Owners Association. King Farms, LLC Agenda Item 8 Page 6 Proffer 5: The community entrance and the proposed street sections of the roads within the community shall be constructed and installed substantially in conformance with the plans depicted on the Land Use Plan. When the Property is subdivided, the necessary right-of-way improvements and turn lanes from West Neck Road at the entrances from Wet Neck Road as depicted on the Land Use Plan shall be constructed by the Grantor. Proffer 6: When the Property is subdivided,the residential building lots shall range in size from 56,000 square feet to 8,000 square feet as depicted and described on the Land Use Plan and they shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions("Deed Restrictions")administered by a Property Owners'Association,to which membership by all lot owners is mandatory. The Property Owners'Association shall be responsible for maintaining the 150'Transition Area Buffer, all open space areas, common areas,trails, easements and entrance features. The Deed Restrictions shall prohibit the operation of motorcycles or all-terrain vehicles("ATVs")within the open space areas. All structures, including fences on lots within King's Landing must be approved by the Architectural Review Committee of the Property Owners'Association. Proffer 7: A plan for improvements to the three (3) areas designated on the Land Use Plan as"Neighborhood Park", "300'x 300' multipurpose field" and "100'x 100' multipurpose field, including tot lot and gazebo", along with a detailed landscaping plan for all open space areas shall be submitted to the Director of the Department of Planning, or his designee,for review and approval prior to subdivision approval. No multipurpose fields, park areas or open space areas shall be lighted for active recreation at night. Proffer 8: The single family residential lots depicted on the Land Use Plan will be divided into five (5)sections or neighborhoods within King's Landing as identified on the Exhibit entitled "Neighborhood Identification Plan of King's Landing" dated 9/16/14, prepared by MSA, P.C.which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 9: The dimensional and setback requirements applicable for each identified neighborhood in King's Landing shall be as follows: A. West Neck Park (i) minimum lot width 100 feet (ii) minimum lot area 12,000 square feet (iii) minimum front yard setback 50 feet (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 25 feet (vi) minimum rear yard setback 20 feet (vii) maximum building height 42 feet (viii) maximum lot coverage 35% B. The Meadow View (i) minimum lot width 80 feet (ii) minimum lot area 10,000 square feet (iii) minimum front yard setback 30 feet (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 20 feet King Farms, LLC Agenda Item 8 Page 7 (vi) minimum rear yard setback when adjacent to Open Space 10 feet (vii) minimum rear yard setback when rear property line is contiguous with the side or rear property line of an adjoining building lot 20 feet (viii) maximum building height 42 feet (ix) maximum lot coverage 40% C. The Central Park (i) minimum lot width 80 feet (ii) minimum lot area 9,600 square feet (iii) minimum front yard setback 30 feet (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 20 feet (vi) minimum rear yard setback when adjacent to Open Space 10 feet (vii) minimum rear yard setback when rear property line is contiguous with the side or rear property line of an adjoining building lot 20 feet (viii) maximum building height 42 feet (ix) maximum lot coverage 40% D. The Park Side (i) minimum lot width 80 feet (ii) minimum lot area 8,000 square feet (iii) minimum front yard setback 30 feet (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 20 feet (vi) minimum rear yard setback when adjacent to Open Space 10 feet (vii) minimum rear yard setback when rear property line is contiguous with the side or rear property line of an adjoining building lot 20 feet (viii) maximum building height 42 feet (ix) maximum lot coverage 40% E. The Creek Side (i) minimum lot width 80 feet (ii) minimum lot area 8,600 square feet (iii) minimum front yard setback 30 feet (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 20 feet (vi) minimum rear yard setback 10 feet (vii) maximum building height 42 feet (viii) maximum lot coverage 40% King Farms, LLC Agenda Item 8 Page 8 An accessory structure, approved by the Architectural Review Committee, measuring not more than 150 square feet in size may have a setback of five feet(5')from a rear property line and/or a side property line not adjacent to a street. All fences approved by the Architectural Review Committee must be open style (i.e. not solid), no greater than fifty percent (50%)opaque and not greater than five feet(5') in height. Open style fences with brick or stone pillars and matching bases no greater than eighteen inches (18") in height may be approved. Proffer 10: All residential dwellings constructed in the West Neck Park and Meadow View Park neighborhoods shall contain no less than 2400 square feet of enclosed living area, excluding garage area,for a one-story dwelling and no less than 2600 square feet of enclosed living area, excluding garage area,for a multistory dwelling. Proffer 11: All residential dwellings constructed in the Central Park, Park Side and Creek Side neighborhoods shall contain no less than 1800 square feet of enclosed living area, excluding garage area,for a one-story dwelling and no less than 2400 square feet of enclosed living area, excluding garage area,for a multistory dwelling. Proffer 12: All residential dwellings in King's Landing shall have no less than a two (2) car garage and shall be constructed with exterior surfaces,excluding roofs,windows, doors,soffits,trim and porches,of brick, stone, cement fiber(Hardie Plank), stucco, cedar shake or comparable high quality material. The architectural features and exterior appearance of the dwellings shall be substantially in keeping with the appearance of the homes depicted on the prints labeled "TYPICAL EXTERIOR ARCHITECTURAL QUALITY—HOMES IN KING'S LANDING", dated September 29, 2014 which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Architectural Exhibit"). Proffer 13: Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Any references hereinabove to the PDH-2, R-20 and P-1 Zoning Districts and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. 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. King Farms, LLC Agenda Item 8 Page 9 OZ aSed 8 waif epuaSv Jil 'awed SU!) Y o J! N — z i fl- . J u Z illZ ( mt • zs as rn 0 V D r I- li p a of fx 0 o411r ,i 6. r II r ,�,:, a as } `'',ii Wri � 0 1_L ,\ l';:' ' ' ,� °7,' z r t i �tj;7 �Y ? U 9 , ➢ O x, 12 1. !I& x`►�, yam' ? 8 Z f y ' I,' 8 Ylcia''' P 4. e <",;"• -..1••-' ;_-_1,-r ;•_.... \.: ;t::.r s r a 0" � rg 4 $11 � o f+csf+cs o e . ® -, N y � ® 90 e' e / e,>_Fr*0OF Q --' Qeo1_ O OG ` ,1 fi: c'', 'l___ . , e est , @ ' 6 qa $ S ' �A © ! es/ C_ 'h8 ,§ F � �. a .gl 0 ° 0 g e©®eg 68 , 9 a -C\ of 4,,.„: • 3 Ibi 1!iu , ;, iaii m ,;es '� C' ihii ' „145 91 8 €.._ gII11011101 HI I 10 IN S Th z EB f � K T,,, A a- a $S V m 4 ' �i �,a G�n �i =.P It fj �j��j �1 L _ I. a �g §8,ft <z A r. ' h 2-Oft.- lnoAei allS panoiddd STOZ TT abed 8 wall epua8y DTI 'swje j 8u!N 1 I _ ' nj -Ni 6i,; ? z Q1 f d < n v, D ms 's �''�00o: y®,© ��$�� f@',A see ■ . �p ©,`, 0 r Ili 641 loog�0®e�® �o I Ill 41 tiker %Au wo le Alikoli, J loll -- ,v p ; I _ w.r ‘4N.- - 5\'":\ Ili Ili g 1111 + . ;,v % 1011 \ \v4 r- vielarl,P.' - \ 0� IF 4 n 9 n i Ill a� S 1 '� 14 V` zzx 2:x.,zzi Yio Y3 1 3°< §§6 50 $�f9n -:,,-,;•-:- k... �1� � tem Ag W, gg, igA % '- , _._A:...., r `r1. -zt, . .� F 8 =NM_z AaN uopeDui}uapi pooLpogy2iaN pasodoid ZZ aged 8 Wall epua8y 311 `swJej 2u!N 16, s • • ti ." • soloyd a}!s Disclosure Statement 11/4/;f3 Virginia Beach APPLICANT'S NAME Kin() —cX_tru t,; L• 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 v 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 FOR CITY USE ONLY/all d,cl .nr, Hirt Ire updated tt:c .eet;prior tc any Page 1 of 7 I int ny{ rrr 5icn end intil r* Arrg that p«.>rtains tc the appl nt5i —0 APPLICANT NOTIFIED OF HEARING i-A.TE. ❑ NO CHANGES AS OF DATE J REVISIONS SUBMITTED DATE King Farms, LLC Agenda Item 8 Page 13 Disclosure Statement 'NM Virginia Beach nCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Inl Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: King Farms, LLC If an LLC, list all member's names: Pamela K. Gray, Managing Member; Phyllis K. Perry, Member;Amy L. Gray, Member;Andrew A. Gray, Member 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) 1 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. F Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. DKICheck 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:Pamela K. &Steven A. Gray} If an LLC, list the member's V.th9 P?.sLLQ --� Y , names: ?aw,e-la IG...Cny,a.t�� +` IT'S k•P , 8 L. 6,P t j) P cLr ) >�.l�.wslw Page 2 of 7 King Farms, LLC Agenda Item 8 Page 14 Disclosure Statement \B Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§ 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or 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 King Farms, LLC Agenda Item 8 Page 15 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) E z Accounting and/or preparer of your tax return n n Architect/Landscape Architect/ Land Planner El Purchaser(if other than Lewis A. McMurran,Ill IXI the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed (� fU purchaser of the subject property (identify purchaser(s)and purchaser's service providers) CC Construction Contractors VAI Engineers/Surveyors/Agents MSA,P.C. Financing (include current Monarch Bank O C mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • CLegal Services Sykes,Bourdon,Ahern&Levy,P.C. Real Estate Brokers / n n 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 ❑ I can 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 King Farms, LLC Agenda Item 8 Page 16 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. Kin arm , LLC By. (41. Pamela K. Gray, Mg Member )124 Ib APPLICANTS SIGNATURE PRINT NAME DATE Page 5 of 7 King Farms, LLC Agenda Item 8 Page 17 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) El x Accounting and/or preparer of your tax return C `,`I VAI 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) ❑ El Construction Contractors X l i Engineers/Surveyors/Agents MSA,P.C. Financing (include current Countrywide/MERS ❑X ❑ mortgage holders and lenders Monarch Bank selected or being considered to provide financing for acquisition or construction of the property) X [] Legal Services Sykes,Bourdon,Ahern&Levy,P.C. Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have L X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 King Farms, LLC Agenda Item 8 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. alfroakA• Pamela K.Gray/Steven A.Gray ,,Z_,�� PROPERTY OWNER'S SIG TUBE PRINT NAME AT Page 7 of 7 King Farms, LLC Agenda Item 8 Page 19 Item#8 King Farms, L.L.C. Modification of Proffers East side of West Neck Road across from the Villages at West Neck District 7 Princess Anne April 13, 2016 CONSENT An application of King Farms, L.L.C.for a Modification of Proffers to a Conditional Change of Zoning approved by City Council on March 3, 2014 on property located on the east side of West Neck Road across from the Villages at West Neck, District 7, Princess Anne. GPIN: 1493-95-9189-0000; 1493-96- 6386-0000; 2403-04-8740-0000. PROFFERS Proffer 1: Proffer numbered 9 as contained in the 2014 Proffers is hereby deleted and replaced with the following amended Proffer number 9: 9. The dimensional and setback requirements applicable for each identified neighborhood in King's Landing shall be as follows: A. West Neck Park (i) minimum lot width 100 feet (ii) minimum lot area 12,000 square feet (iii) minimum front yard setback 30 feet (iii.a) minimum front yard setback for any front loading garage shall be no less than 10 feet greater than the front yard setback of the constructed dwelling 40 feet (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 25 feet (vi) minimum rear yard setback 20 feet (vii) maximum building height 42 feet (viii) maximum lot coverage 35% B. The Meadow View (i) minimum lot width 80 feet (ii) minimum lot area 10,000 square feet (iii) minimum front yard setback 25 feet (iii.a) minimum front yard setback for any front loading garage shall be no less than 10 feet greater than the front yard setback of the constructed dwelling 35 feet Item#8 King Farms, L.L.C. Page 2 (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 20 feet (vi) minimum rear yard setback when adjacent to Open Space 10 feet (vii) minimum rear yard setback when rear property line is contiguous with the side or rear property line of an adjoining building lot 20 feet (viii) maximum building height 42 feet (ix) maximum lot coverage 40% C. The Central Park (i) minimum lot width 80 feet (ii) minimum lot area 9,600 square feet (iii) minimum front yard setback 25 feet (iii.a) minimum front yard setback for any front loading garage shall be no less than 10 feet greater than the front yard setback of the constructed dwelling 35 feet (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 20 feet (vi) minimum rear yard setback when adjacent to Open Space 10 feet (vii) minimum rear yard setback when rear property line is contiguous with the side or rear property line of an adjoining building lot 20 feet (viii) maximum building height 42 feet (ix) maximum lot coverage 40% D. The Park Side (i) minimum lot width 80 feet (ii) minimum lot area 8,000 square feet (iii) minimum front yard setback 25 feet (iii.a) minimum front yard setback for any front loading garage shall be no less than 10 feet greater than the front yard setback of the constructed dwelling 35 feet (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 20 feet (vi) minimum rear yard setback when adjacent to Open Space 10 feet (vii) minimum rear yard setback when rear Item#8 King Farms, L.L.C. Page 3 property line is contiguous with the side or rear property line of an adjoining building lot 20 feet (viii) maximum building height 42 feet (ix) maximum lot coverage 40% E. The Creek Side (i) minimum lot width 80 feet (ii) minimum lot area 8,600 square feet (iii) minimum front yard setback 25 feet (iii.a) minimum front yard setback for any front loading garage shall be no less than 10 feet greater than the front yard setback of the constructed dwelling 35 feet (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 20 feet (vi) minimum rear yard setback 10 feet (vii) maximum building height 42 feet (viii) maximum lot coverage 40% An accessory structure, approved by the Architectural Review Committee, measuring not more than 150 square feet in size may have a setback of five feet(5')from a rear property line and/or a side property line not adjacent to a street. All fences approved by the Architectural Review Committee must be open style(i.e. not solid), no greater than fifty percent(50%)opaque and not greater than five feet(5') in height. Open style fences with brick or stone pillars and matching bases no greater than eighteen inches(18") in height may be approved. Proffer 2: With the exception of Proffer numbered 9 as hereby amended, all of the proffered covenants, restrictions and conditions set forth in the 2014 Proffers are unchanged, ratified and affirmed. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 8. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE Item#8 King Farms, L.L.C. Page 4 RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 8 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. .,..;. 'd,A4 r 1 a, � CITY OF VIRGINIA BEACH • ; INTER-OFFICE CORRESPONDENCE °y � i/gam''"_ N OF. OUR NPS° In Reply Refer To Our File No. DF-9544 DATE: May 25, 2016 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilso DEPT: City Attorney RE: King Farms, LLC — Modification of Conditions The above-referenced modification to conditional zoning application is scheduled to be heard by the City Council on June 7, 2016. I have reviewed the subject proffer agreement, dated January 20, 2016 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ks Enclosure cc: Nancy L. Bloom FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS KING FARMS, LLC, a Virginia limited liability company PAMELA K. GRAY and STEVEN A. GRAY, her husband TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 20th day of January, 2016, by and between KING FARMS, LLC, a Virginia limited liability company, party of the first part, Grantor; PAMELA K. GRAY and STEVEN A. GRAY, her husband, parties of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of four (4) parcels of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 151.70 acres which are designated as Parcels 1, 2, 3 and 5 and described in Exhibit"A" attached hereto and incorporated herein by this reference; and WHEREAS, the party of the second part is the owner of a parcel of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 6.33 acres and designated Parcel 4 and described in Exhibit"A"hereto; and WHEREAS, the party of the first part as the contract purchaser and owner of the five (5) parcels described in Exhibit "A", which are hereunder referred to as the "Property", has requested Grantee to permit this modification of the previously proffered Covenants, GPIN: 1493-96-9675 2403-05-6472 1493-95-9189 1493-96-6386 2403-04-8740 Prepared by: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 Restrictions and Conditions dated September 30, 2014 as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20150305000186570 (hereinafter the "2014 Proffers"), to reflect amendments applicable to the land use plan on the Property; and WHEREAS, it is the intent of the Grantors that with the exception of the modifications and amendments set forth herein, the remaining proffers as set forth in the 2014 Proffers are ratified and reaffirmed. WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' proposed modification of conditions to the zoning gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan,building permit, or subdivision approval, hereby make the following amendments to the declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which, along with the unchanged 2014 Proffers shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 2 1. Proffer numbered 9 as contained in the 2014 Proffers is hereby deleted and replaced with the following amended Proffer number 9: 9. The dimensional and setback requirements applicable for each identified neighborhood in King's Landing shall be as follows: A. West Neck Park (i) minimum lot width 100 feet (ii) minimum lot area 12,000 square feet (iii) minimum front yard setback 30 feet (iii.a) minimum front yard setback for any front loading garage shall be no less than 10 feet greater than the front yard setback of the constructed dwelling 4o feet (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 25 feet (vi) minimum rear yard setback 20 feet (vii) maximum building height 42 feet (viii) maximum lot coverage 35% B. The Meadow View (i) minimum lot width 8o feet (ii) minimum lot area 10,000 square feet (iii) minimum front yard setback 25 feet (iii.a) minimum front yard setback for any front loading garage shall be no less than 10 feet greater than the front yard setback of the constructed dwelling 35 feet (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 20 feet (vi) minimum rear yard setback when adjacent to Open Space 10 feet (vii) minimum rear yard setback when rear property line is contiguous with the side or rear property line of an adjoining building lot 20 feet (viii) maximum building height 42 feet (ix) maximum lot coverage 40% C. The Central Park (i) minimum lot width 8o feet (ii) minimum lot area 9,600 square feet (iii) minimum front yard setback 25 feet (iii.a) minimum front yard setback for any front loading garage shall be no less than 10 feet greater than the front 3 yard setback of the constructed dwelling 35 feet (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 20 feet (vi) minimum rear yard setback when adjacent to Open Space 10 feet (vii) minimum rear yard setback when rear property line is contiguous with the side or rear property line of an adjoining building lot 20 feet (viii) maximum building height 42 feet (ix) maximum lot coverage 40% D. The Park Side (i) minimum lot width 8o feet (ii) minimum lot area 8,000 square feet (iii) minimum front yard setback 25 feet (iii.a) minimum front yard setback for any front loading garage shall be no less than 10 feet greater than the front yard setback of the constructed dwelling 35 feet (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 20 feet (vi) minimum rear yard setback when adjacent to Open Space 10 feet (vii) minimum rear yard setback when rear property line is contiguous with the side or rear property line of an adjoining building lot 20 feet (viii) maximum building height 42 feet (ix) maximum lot coverage 40% E. The Creek Side (i) minimum lot width 8o feet (ii) minimum lot area 8,600 square feet (iii) minimum front yard setback 25 feet (iii.a) minimum front yard setback for any front loading garage shall be no less than 10 feet greater than the front yard setback of the constructed dwelling 35 feet (iv) minimum side yard setback 10 feet (v) minimum side yard setback adjacent to a street 20 feet (vi) minimum rear yard setback 10 feet (vii) maximum building height 42 feet (viii) maximum lot coverage 40% 4 An accessory structure, approved by the Architectural Review Committee, measuring not more than 150 square feet in size may have a setback of five feet (5') from a rear property line and/or a side property line not adjacent to a street. All fences approved by the Architectural Review Committee must be open style (i.e. not solid), no greater than fifty percent (50%) opaque and not greater than five feet (5') in height. Open style fences with brick or stone pillars and matching bases no greater than eighteen inches (18") in height may be approved. 2. With the exception of Proffer numbered 9 as hereby amended, all of the proffered covenants, restrictions and conditions set forth in the 2014 Proffers are unchanged, ratified and affirmed. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, 5 including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and indexed in the names of the Grantors and the Grantee. 6 WITNESS the following signature and seal: Grantor: King Farms,LLC,a Virginia limited liability company ByQQIYftl ( ` (SEAL) Pamela K Gray,Managing ember STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 29th day of January, 2016, by Pamela K. Gray, Managing Member of King Farms, LLC, a Virginia limited liability company,Grantor. Notary Public • N- 440 Q• �MON1y My Commission Expires: August 31,2018 v� 10.1, Notary Registration Number: 192628 S•< nags '11 ,r 7 WITNESS the following signatures and seals: Grantors: GanA,,,LcKs .,4i4 (SEAL) Pamela K. Gray '6/11-/ (SEAL) Steven A. Gray STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 29th day of January, 2016,by Pamela K. Gray and Steven A. Gray,her husband,Grantors. A/1,-41 /A n71) Notary Public • •My Commission Expires: August 31,2018 ., 0•. Notary Registration Number: 192628 9y I Mien m ‘444404,.kCiNglial 4)1 —JA', sta 8 EXHIBIT "A" PARCEL is ALL THAT certain tract, piece or parcel of land, with the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and known and designated as "PARCEL B", as shown on that certain plat entitled "SUBDIVISION OF PROPERTY KING FARMS, LLC M.B. 1 P. 1 VIRGINIA BEACH, VIRGINIA", dated February 17, 2006 and revised April 26, 2007, made by Bonifant Land Surveys, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20070605000761300. GPIN: 1493-96-9675 PARCEL 2: ALL THAT part and portion of a tract of land which lies and is on the South and East side of the division line made by E.E. Burroughs, County Surveyor,between the said Calvin C. Upton and the other party in interest and as shown on a plat of said land in red ink, which division line commences at a stake or post on a road in front of a tenant house on Reuben Fountain's land, formerly occupied by one Bartee Walke, which stake stands and is planted at a point North 67 degrees West 15 chains and 95 links from a station on said survey on said road, which said station is North 181/2 degrees West 190 from a line gum at said road in the line between said land and that of Reuben Fountain near a bridge across said road at Woodhouse Corner on said Road, and thence running from said stake or post North 401/2 degrees East 3450-across said farm and tract of land to the back line thereof, and containing 75 acres 3 roods and poles (75 A. 3R. and 5P) and being the Southern and Eastern portion of the tract of land which was divided between John T. Woodhouse and wife and Calvin C. Upton and wife by deed of partition dated February 28, 1900, and of record on Page 463 of Deed Book 69 in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia; together with all the buildings and improvements on said property and the appurtenances thereunto belonging. Expressly excepting from the above described property one (1) acres, more or less, previously conveyed to F.E. King et ux, by deed dated May 25, 1856, and of record in the Clerk's Office of the City of Virginia Beach, Virginia, in Deed Book 456, at Page 527, and more particularly bounded and described as follows: Beginning at the northerly side of the West Neck Public Road at the dividing line of the property of F.E. King and the property herein conveyed; thence in an easterly direction along the northerly side of the West Neck Road one hundred seventy (170) feet to a stob; thence in a northerly direction three hundred fifty (350) feet to a stob; thence in a westerly direction seventy-one (71) feet to a stob in the easterly line of the property of F.E. King; thence in a southerly direction along King's line 368.5 feet to a stob in the northerly side of West Neck Road,the point of beginning, containing approximately one (1) acre. GPIN: 2403-05-6472 9 PARCEL 3: ALL THAT certain tract, piece or parcel of land situate, lying and being in Seaboard Magisterial District, Princess Anne County, Virginia, and more particularly described as follows: Beginning on the northerly side of the West Neck Public Road at the dividing line of the property of F.E. King and the property herein conveyed; thence in an easterly direction along the northerly side of the West Neck Road one hundred seventy(170) feet to a stob; thence in a northerly direction three hundred fifty (350) feet to a stob; thence in a westerly direction seventy-one (71) feet to a stob in the easterly line of the property of F.E. King; thence in a southerly direction along King's line 368.5 feet to a stob in the northerly side of West Neck Road,the point of beginning, containing approximately one(1) acre. GPIN: 1493-95-9189 PARCEL 4: ALL THAT certain tract, piece or parcel of land, with the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and known and designated as "PARCEL A", as shown on that certain plat entitled "SUBDIVISION OF PROPERTY KING FARMS, LLC M.B. 1 P. 1 VIRGINIA BEACH, VIRGINIA", dated February 17, 2006 and revised April 26, 2007, made by Bonifant Land Surveys, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20070605000761300. GPIN: 1493-96-6386 PARCEL 5: 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, designated and described as "RESIDUAL PROPERTY TO BE ACQUIRED (4,668 SQ. FT., 0.107 AC.)", also described as "RESIDUAL PROPERTY TO BE ACQUIRED 4,668 (SQ. FT.) 0.107 (AC.)", as shown on that certain plat entitled "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM EMMA SMITHSON FOUNTAIN BY CITY OF VIRGINIA BEACH FOR WEST NECK ROAD CIP 2- 502 PARCEL 017 VIRGINIA BEACH, VIRGINIA", Scale 1" = 40', dated June 23, 2011, prepared by WPL, said plat duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20120817000932930, to which reference is made for a more particular description. ALSO DESCRIBED AS: ALL THAT certain lot, piece or parcel of land, with the building and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "PROPERTY OF CITY OF VIRGINIA BEACH 2403-04-8740 (INST 20120822000954960) (INST 20120817000932930)" as shown on that certain plat entitled "PLAT SHOWING PROPERTY OF THE CITY OF VIRGINIA BEACH TO BE CONVEYED TO KING FARMS, 10 LLC VIRGINIA BEACH,VIRGINIA", Scale 1" = 40', dated March 27, 2013, prepared by WPL, said plat duly recorded in the aforesaid Clerk's Office as Instrument Number 20130612000677160, to which reference is made for a more particular description. SUBJECT to that permanent right and easement, designated and described as "VARIABLE WIDTH PERMANENT DRAINAGE EASEMENT HEREBY ESTABLISHED (4,668 SQ. FT. 0.107 AC.)" and also described as "VARIABLE WIDTH PERMANENT DRAINAGE EASEMENT HEREBY ESTABLISHED 4,668 (SQ. FT.) 0.107 (AC.)", said easement being established by and shown on the aforesaid plat. SUBJECT TO that temporary right and easement to use the additional area designated and described as "VAR WIDTH TEMPORARY CONSTRUCTION EASEMENT HEREBY ESTABLISHED (4,668 SQ. FT. 0.107 AC.)" and also described as "VAR. WIDTH TEMPORARY CONSTRUCTION EASEMENT HEREBY ESTABLISHED 4,668 (SQ. FT.) 0.107 (AC.)", said easement being established by and shown on the foresaid plat, and for construction cut and/or fill slopes as required for the proper execution and maintenance of work. Said temporary right and easement will terminate when there no longer exists the necessity for maintenance or until such time as all construction has terminated and the City of Virginia Beach accepts the work as being completed. GPIN: 2403-04-8740 H:\AM\Mod of Proffers\King Farms\1st Amendment to Proffers.doc 11 - 48- Item V-M.3. PLANNING ITEM#52026 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon Application of Phil M. Bonifant for a Conditional Use Permit ORDINANCE UPON APPLICATION OF PHIL M BONIFANT FOR A CONDITIONAL USE PERMIT FOR A COUNTRY INN RO12031150 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Phil M Bonifant for a Conditional Use Permit for a country inn on property located at 2252 Indian River Road (GPIN 24034185340000) DISTRICT 7--PRINCESS ANNE The following conditions shall be required I A Certificate of Occupancy for the change of use must be obtained from Permits and Inspections prior to operating the residence as a Country Inn 2 A Tourist Establishment Permit and a permit for the swimming pool must be obtained from the Virginia Beach Department of Public Health 3 The development of the site shall substantially adhere to the site plan entitled "Site Plan for Use Permit, Parcel B-1",prepared by Bonifant Land Surveys, dated August 10, 2003 The site plan has been exhibited to City Council and is on file in the Planning Department 4 The Country Inn is limited to two guest rooms 5 Food and beverage service is limited to continental breakfast on weekdays,full breakfast service on weekends and complimentary snacks and beverages Food and beverage service is limited to guests only and in no event shall seating capacity exceed twenty- five persons, including lodging guests 6 A landscape plan shall be prepared by a landscape professional and submitted for review by Current Planning for the additional landscaping proposed in front of the dwelling and along the new fence line The landscape plan must be approved prior to issuance of a Certificate of Occupancy December 9, 2003 - 49- Item V-M.3. PLANNING ITEM#52026(Continued) 7 The proposed fence is shown at five(5)feet in height The zoning ordinance does not allow a fence over four (4)feet in height within fifty(50)feet of the right-of-way in Agricultural Districts The applicant shall either reduce the height of the fence to 4 feet or obtain a Board of Zoning Appeals variance to allow the fence as shown on the site plan This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of December, Two Thousand Three Voting 10-0(By Consent) Council Members Voting Aye Harry E Diezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S McClanan, Richard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmidt, Rosemary Wilson and James L Wood Council Members Voting Nay None Council Members Absent Ron A Villanueva December 9, 2003 'i4 iii4i iii I , �'i 'i i\r', iI1i. i ', z. \\ 0 CC ,',-,,/, \_sl ., 0 re in 0 E2, _ r1 at g -1 / CA 0 c 1 0 a M 0 ecC 0:( U 40 i, U, < cs 1 0 0 ff] t3, ti i_...t . Q 0 Piodg aims r— \ r---1 LJ <;z r lt`Kvv I'J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PHIL BONIFANT [Applicant/ Property Owner] Modification of Conditions to a Conditional Use Permit (Country Inn) approved by City Council on December 9, 2003; Conditional Use Permit for Assembly Use. 2244 & 2252 Indian River Road (GPINs 2403419483, 2403418534). COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: June 7, 2016 • Background: A Conditional Use Permit for a Country Inn on the subject site was approved by City Council in 2003 with seven conditions. The applicant requests to modify these conditions to allow for one additional guest room, the expansion of the open-air pavilion, and the ability to provide full breakfast service daily, rather than on the weekends. Additionally, the applicant requests a Conditional Use Permit for an Assembly use to host weddings and other similar events on the site. • Considerations: The applicant has operated a Country Inn on the site for the past 12 years. The proposed changes to the approved conditions, in Staff's opinion, are minimal and will not have any adverse impacts on the surrounding properties or City services. The applicant has hosted several weddings on the site in the past year and Staff is not aware of any issues that have arisen. The events take place in the rear yard, which is enclosed with a privacy fence. Parking for events will be accommodated in the grassy area in the front of the site and a parking attendant will be present at each event. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. Staff was not made aware of any opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. The conditions of the Conditional Use Permit approved by the City Council on December 9, 2003 shall be replaced with the conditions below. 2. A Certificate of Occupancy and all applicable approvals from the Fire Prevention Bureau must be obtained for the additional guest room and the additional Assembly Use on the site. Phil Bonifant Page 2of2 3. All applicable permits shall be obtained from the Planning Department, Permits and Inspections Division, for the expansion of the open-air pavilion (labeled "Pole Barn" on the submitted site plan referenced in Condition 6 below). 4. Prior to each event, the applicant shall notify the Police Department, the Fire Prevention Bureau, the Health Department and Emergency Medical Services of the event's time, size and scope of activities. 5. A Tourist Establishment Permit must be obtained from the Virginia Beach Department of Health. 6. The site shall be developed and operated in substantial adherence to the submitted Site Plan entitled "PHYSICAL SURVEY PARCEL B-1 SUBD. OF PARCEL B A.E. FENTRESS, VIRGINIA BEACH, VIRGINIA," dated January 17, 2016 and prepared by Bonifant Land Surveys. Said Site Plan has been displayed to the City Council and is on file with the Planning Department. 7. The Country Inn shall be limited to three (3) guest rooms. 8. Food and beverage service shall be full breakfast service seven days per week and complimentary snacks and beverages. Food and beverage service is limited to guests only and in no event shall seating capacity exceed twenty-five persons, including lodging guests. 9. There shall be a parking attendant provided at each wedding, party, or similar gathering being held on site to direct guests where to park and to assist guests entering and exiting the site. All parking shall be on site. 10. There shall be no additional signage permitted on the site. 11. There shall be no weddings, parties, or other similar events between the hours of 10:00 p.m. and 12:00 p.m. (noon). 12. There shall be no amplified music permitted outside between the hours of 10:00 p.m. and 12:00 p.m. (noon). • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departm- '' lip I/ City Manager: �`� � Applicant & Property Owner Phil Bonifant Agenda Item Public Hearing May 11, 2016(Deferred on April 13, 2016) City Council Election District Princess Anne D 1 ctcy � Virginia Beach Request Modification of Conditions to a Conditional Use Permit (Country Inn) approved by City „wog'R�e a Seat' oars Rid Council on December 9, 2003; Conditional Use Permit (Assembly Use) Staff Planner Kestrel Lane Kevin Kemp T:wel2 / r Location 2252 and 2244 Indian River Road GPIN 65-70dBDNL 2403418534, 2403419483 Site Size 3.78 Acres AICUZ � A Less than 65dBDNL Existing Land Use and Zoning District Country Inn, Single-family dwelling/AG-2 Agricultural Surrounding Land Uses and Zoning Districts North West Neck Creek/AG-1 Agricultural South Indian River Road Single-family dwellings/AG-2 Agricultural East Single-family dwellings/AG-2 Agricultural • WestjYY.a..•••--- ••. Single-family dwellings/AG-2 Agricultural Ind;a„ Rawer Rod Phil Bonifant Agenda Item D1 Page 1 Background and Summary of Proposal • A Conditional Use Permit for a Country Inn was approved on the subject site in 2003 with seven conditions.The applicant requests to modify three of these conditions to allow for a third guest room, the expansion of the existing open-air pavilion, and to provide full breakfast service every day, rather than only on the weekends. • The applicant also requests a Conditional Use Permit for Assembly Use to allow for weddings, parties and similar gatherings to be held on the site. • The proposed Assembly Use events will be held outdoors in the area located behind the country inn.The existing pavilion will be expanded by 800 square feet in order to provide shelter for patrons during inclement weather. • Parking for the events will be accommodated on-site in the grassy areas in the front of the property. AG-1 o ` Zoning History Ai-2 - ,, # Request o ' i o 1 CUP (Country Inn)Approved 12/09/2003 AG-2 1811 da e I AG2 U A --- 3 r� AG-1 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being located within the Transition Area.The Transition Area serves as a unique land use buffer for the low density Rural Area from the more densely developed Suburban Area. Policies for the Transition Area call for development patters with 50 percent open space, a density of no more than one dwelling unit per acre, and preservation of natural features. Proposed development should incorporate the specific planning and design principles cited in the Transition Area Design Guidelines.These Design Guidelines emphasize good design within the Transition Area that provides larger open spaces, protects natural resources, provide amenities, consider views, and integrates quality design in a creative manner. (pp. 4-1 to 4-4,4-19) Phil Bonifant Agenda Item D1 Page 2 Natural and Cultural Resources Impacts The property is located within the Southern Rivers watershed and is adjacent to wooded property within the 100-year floodplain and contiguous to West Neck Creek. Portions at the rear of the site are within the AE Flood Zone.There are no proposed improvements within this area. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic No trip generation data is available 6,200 ADT'(LOS°"C") for"Special Event"gatherings.The Indian River Road Less than 6,100 ADT9,900 ADT'(LOS°"D") additional guest room increases the daily trip generation from 14 ADT to 16 ADT. 'Average Daily Trips 4 LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) This segment of Indian River Road is a two-lane rural road and is classified as a Princess Anne Commons/Transition Area Parkway to be designed with an ultimate right-of-way up to four divided lanes to accommodate shared-use paths on each side, on-street bike lanes, landscaped median,and curb and gutter.This section is also included on the Map of Scenic Roads in Virginia and has been identified by the Commonwealth as part of the Green Sea Byway.There are no OP projects scheduled for this portion of the roadway at this time. Public Utility Impacts Water City water does not front the property.The site is currently served by a private well. Sewer City sanitary sewer does not front the property.The site is currently served by a private septic system. Evaluation and Recommendation This applicant has operated a Country Inn on the subject site for the past 12 years. The applicant wishes to expand the existing operation, specifically to add one lodging room, offer full breakfast daily and to host weddings, parties and other similar gatherings on the site.The proposed changes to the Country Inn are, in Staff's opinion, minimal and will not have any adverse impacts on any surrounding properties or on City services.The events will be held in the rear yard of the Country Inn that is enclosed with a privacy fence. With the exception of the expansion of the existing open-air pavilion, no new development is proposed on the site,which is predominately open space and meets the policies for development within the Transition Area. The subject site is located in an area that is a mix of large residential lots and agricultural uses.The area behind the site is heavily wooded wetlands owned by the City. Due to these factors, hosting weddings, parties and other gatherings on the property is not anticipated to have adverse effects to the surrounding uses.The grassy area in front of the site provides ample space to accommodate parking.Additionally,the applicant will provide a parking attendant to direct and assists guests during an event at the inn. For the reasons stated above, Staff recommends approval of this application as conditioned below. Phil Bonifant Agenda Item D1 Page 3 Recommended Conditions 1. The conditions of the Conditional Use Permit approved by the City Council on December 9, 2003 shall be replaced with the conditions below. 2. A Certificate of Occupancy and all applicable approvals from the Fire Prevention Bureau must be obtained for the additional guest room and the additional Assembly Use on the site. 3. All applicable permits shall be obtained from the Planning Department, Permits and Inspections Division,for the expansion of the open-air pavilion (labeled "Pole Barn" on the submitted site plan referenced in Condition 6 below). 4. Prior to each event,the applicant shall notify the Police Department,the Fire Prevention Bureau,the Health Department and Emergency Medical Services of the event's time, size and scope of activities. 5. A Tourist Establishment Permit must be obtained from the Virginia Beach Department of Health. 6. The site shall be developed and operated in substantial adherence to the submitted Site Plan entitled "PHYSICAL SURVEY PARCEL B-1 SUBD.OF PARCEL B A.E. FENTRESS,VIRGINIA BEACH,VIRGINIA," dated January 17, 2016 and prepared by Bonifant Land Surveys.Said Site Plan has been displayed to the City Council and is on file with the Planning Department. 7. The Country Inn shall be limited to three (3)guest rooms. 8. Food and beverage service shall be full breakfast service seven days per week and complimentary snacks and beverages. Food and beverage service is limited to guests only and in no event shall seating capacity exceed twenty-five persons, including lodging guests. 9. There shall be a parking attendant provided at each wedding, party,or similar gathering being held on site to direct guests where to park and to assist guests entering and exiting the site.All parking shall be on site. 10. There shall be no additional signage permitted on the site. 11. There shall be no weddings, parties,or other similar events between the hours of 10:00 p.m. and 12:00 p.m. (noon). 12. There shall be no amplified music permitted outside between the hours of 10:00 p.m. and 12:00 p.m. (noon). 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. Phil Bonifant Agenda Item D1 Page 4 Previously Approved Conditions 1. A Certificate of Occupancy for the change of use must be obtained from Permits and Inspections prior to operating the residence as a Country Inn. 2. A Tourist Establishment permit and a permit for the swimming pool must be obtained from the Virginia Beach Department of Public Health. 3. The development of the site shall substantially adhere to the site plan entitled "Site Plan for Use Permit, Parcel B-1," prepared by Bonifant Land Surveys, dated August 10, 2003. The site plan has been exhibited to City Council and is on file in the Planning Department. [A new Site Plan has been submitted with this application showing the open-air pavilion, including the proposed expansion.] 4. The Country Inn is limited to two (2) guest rooms. [The applicant requests to increase the number of guest rooms from two to three.] 5. Food and beverage service is limited to continental breakfast on weekdays, full breakfast service on weekends and complimentary snacks and beverages. Food and beverage service is limited to guests only and in no event shall seating capacity exceed twenty-five persons, including lodge guests. [The applicant requests to the ability to serve full breakfast every day.] 6. A landscape plan shall be prepared by a landscape professional and submitted for review by current planning for the additional landscaping proposed in front of the dwelling and along the new fence line. The landscape plan must be approved prior to issuance of a Certificate of Occupancy. 7. The proposed fence is shown at five (5)feet in height. The zoning ordinance does not allow a fence over four (4) feet in height within fifty (50) feet of the right-of-way in Agricultural Districts. The applicant shall either reduce the height of the fence to four (4)feet or obtain a Board of Zoning Appeals variance to allow the fence as shown on the site plan. Phil Bonifant Agenda Item D1 Page 5 Proposed Site Layout This is to certify that I,on 17 January 2016.surveyed the property shown on this plat,and that the title lines and the walls of the buildings are as shown on this plat. The buildings stand strictly within the title lines and there are no encroachments of other buildings on the property except as shown. City of Va.Beach sg,b2',o-F N,°•21 1 143 66 00 ST 1 to 11 y n Homesite ,� ,A-2' ► � II' " 1 7 ,3„ v _¢ Addition �' Existing .�- Pole Barn - 'Q_"E9 ' Addition li r .!"'iii AI- i 1'7 V i _ ,'' Existing I' 1, 2 Sty Fr Rend 'i I': INDIAN RIVER ROAD (90'R/W) PHYSICAL SURVEY PARCEL B-1 SUBD. OF PARCEL B A.E. FENTRESS MB.132 P.51 VIRGINIA BEACH, VIRGINIA Scale 1'=100' 17 January 2016 This residence appears to he within Bonifant Land Surveys Flood Zone X P.O.Box 6385 as shown on Panel 0185 Community No.515531 G Virginia Beach,VA 23456 Index dated 16 January 2015. (757)426-3361 Phil Bonifant Agenda Item D1 Page 6 Proposed Site Layout City of Va. Beach sir J0. ste 2T 14366• 1409 WOODED AREA u: tY I.- r,, u ti . r^ 1 s': Homesite 6 SOP 1. AREAA I Z ci) „, ,, "A-2 ° ok or> ) IlL ...cy 1311 APPR. "o' R i. Q . LOCATION C� ADDITION o R� �� ''' � • OFFICE EXiST[NG POLE +1 4 :•.: .:. BARN ADDITION -- t ir p FENCE i 1 v, ' B-2 " i : EXISTING 2-STORY .:' APPR. .' RESIDENCE LOCA iOi, PARKING A `'COUNTRY INN" , [Rr:'.�EL DF.IOF E AREA FOR EVENTS ... �`�` ' ' • PARKING AREA ' FOR EVENTS ` 7,4 Sera 4 icings eVer- ___ . . INDrAN RIVER ROAD (90' RNV) Phil Bonifant Agenda Item D1 Page 7 .1J Aerial Photograph " a - t Y " x^ y g x 11-tkb_ 4 ',..,., .`,,,,,-,'_--‘,""-:,....'V?, ,5:',-i-:4:c..:::' r .fia . r :' 1■ i� OIC .�- P ',14 .! POIX BARN :„ � y h 0.4; v _ ` d • r • '� " GRAVEL DRIVE (STING r :t� ESIDENCE =° . ' ., € '"COUNTRY INN" PARKING AREA FOR , , " ' EVENTS PARKING AREA FOR EVENTS t' p - t Phil Bonifant Agenda Item D1 Page 8 Disclosure Statement Virginia Beach APPLICANT'S NAME Phil Bonifant 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 Exce i tion for (EDIP) g A.Boa .ard eals of Zoning Encroachment Request Rezoning • — — . Certificate of Floodplain Variance Appropriateness — — Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 ,,•r _ .. �e..� - a ttt u l of 1.;i(r r :C.1 q • ! cIN(,ES � • Phil Bonifant Agenda Item D1 Page 9 Disclosure Statement Virginia Beach jCheck 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: Phil E Q-Dlfa It If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary l or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY_OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name: Phil Bonifant If an LLC, list the member's names: Page 2 of 7 Phil Bonifant Agenda Item D1 Page 10 Disclosure Statement loma Ari3 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va Code § 2 2-3101 2 "Affiliated business entity relationship' means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or 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 Phil Bonifant Agenda Item D1 Page 11 Disclosure Statement WIN.; APPLICANT Virginia Beach YES I NO] SERVICE I PROVIDER(use additional sheets if needed) ❑ F71 Accounting and/or preparer of your tax return ❑ ❑ Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ Q 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) ❑ El Construction Contractors ❑ [Zi Engineers/Surveyors/Agents Bonifant Land Surveys Financing (include current El mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) El El Legal Services Real Estate Brokers / El ff 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 ❑ 0 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 Phil Bonifant Agenda Item D1 Page 12 Disclosure Statement AB 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-i I r. M t F}}f,{-r I 41 APPLICANT'S SIGNATURE PRINT NAME D•TE Page 5 of 7 Phil Bonifant Agenda Item D1 Page 13 Disclosure Statement NA3 OWNER Virginia Beach YES ' 1 NOSERVICE I PROVIDER(use additional sheets if __ needed) ❑ LJ I Accounting and/or preparer of your tax return ❑ r Architect/Landscape Architect/ • Land Planner 1 Contract Purchaser(if other than ❑ 0 the Applicant)- identify purchaser Land purchaser's service providers Any other pending or proposed ❑ Er ! purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ L/ Construction Contractors ❑ ❑ Engineers/Surveyors/Agents Bonifant Land Surveys Financing(include current ❑ ❑, mortgage holders and lenders selected or being considered to provide financing for acquisition C3 or construction of the property) ❑ t3 Legal Services Real Estate Brokers / ❑ El Agents/Realtors for 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 L� 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 Phil Bonifant Agenda Item D1 Page 14 Disclosure Statement Virginia Beach CERTI ATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A plication. --k -) -- llo 11, PROPERTY OWN R'S SIGNATURE PRINT NAME _ DTE/ --\15"- Page 7 of 7 Phil Bonifant Agenda Item D1 Page 15 Item#D1 Phil Bonifant Modification of Conditions Conditional Use Permit District 7 Princess Anne May 11, 2016 CONSENT An application of Phil Bonifant for a Modification of Conditions to a Conditional Use Permit(Country Inn) approved by City Council on December 9, 2003 and a Conditional Use Permit(Assembly Use)on property located at 2244&2252 Indian River Road, District 7, Princess Anne. GPIN: 2403-41-9483- 0000; 2403-41-8534-0000. CONDITIONS 1. The conditions of the Conditional Use Permit approved by the City Council on December 9, 2003 shall be replaced with the conditions below. 2. A Certificate of Occupancy and all applicable approvals from the Fire Prevention Bureau must be obtained for the additional guest room and the additional Assembly Use on the site. 3. All applicable permits shall be obtained from the Planning Department, Permits and Inspections Division,for the expansion of the open-air pavilion (labeled "Pole Barn"on the submitted site plan referenced in Condition 6 below). 4. Prior to each event,the applicant shall notify the Police Department,the Fire Prevention Bureau,the Health Department and Emergency Medical Services of the event's time, size and scope of activities. 5. A Tourist Establishment Permit must be obtained from the Virginia Beach Department of Health. 6. The site shall be developed and operated in substantial adherence to the submitted Site Plan entitled "PHYSICAL SURVEY PARCEL B-1 SUBD. OF PARCEL B A.E. FENTRESS,VIRGINIA BEACH, VIRGINIA," dated January 17, 2016 and prepared by Bonifant Land Surveys.Said Site Plan has been displayed to the City Council and is on file with the Planning Department. 7. The Country Inn shall be limited to three (3)guest rooms. 8. Food and beverage service shall be full breakfast service seven days per week and complimentary snacks and beverages. Food and beverage service is limited to guests only and in no event shall seating capacity exceed twenty-five persons, including lodging guests. 9. There shall be a parking attendant provided at each wedding, party, or similar gathering being held on site to direct guests where to park and to assist guests entering and exiting the site.All parking shall be on site. Item#D1 Phil Bonifant Page 2 10. There shall be no additional signage permitted on the site. 11. There shall be no weddings, parties,or other similar events between the hours of 9400-13444. 10:00 p.m.and 12:00 p.m. (noon). [revised by Planning Commission at May 11, 2016 meeting] 12. There shall be no amplified music permitted outside between the hours of 10:00 p.m. and 12:00 p.m. (noon). [revised by Planning Commission at May 11, 2016 meeting]. A motion was made by Commissioner Thornton and seconded by Thornton and seconded by Commissioner Horsley to approve item Dl. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item D1 for consent. The applicant Phil Bonifant appeared before the Commission. — ,,,n., /NN, f„, / . rT.Say"'"may. X04 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DIRECT INDEPENDENCE GROUP, LLC [Applicant / Property Owner] Conditional Change of Zoning from 0-2 Office District to Conditional B-2 Community Business District. 449, 457, 465 Independence Boulevard (GPINs 21476594453, 1476595337, 1476596300). COUNCIL DISTRICT— KEMPSVILLE MEETING DATE: June 7, 2016 ■ Background: This request is to rezone and consolidate three undeveloped parcels on Independence Boulevard. The applicant wishes to develop the site with a commercial building containing a 4,000 square foot restaurant, 3,960 square feet of retail space, and 2,354 square feet of second floor office space. • Considerations: The proposed development of the vacant site with a small commercial building is compatible with the character of the surrounding area. The layout of the site and the location of the proposed landscaping is respectful of the adjacent residential neighborhood and will meet the planting requirements along Independence Boulevard. The proposed design of the building is consistent with the Retail Establishment Design and Shopping Center Design Guidelines, particularly in regards to projections and recesses of wall planes, varying rooflines, use of storefront display windows, projected entryways, canopies and change in materials. Further details pertaining to the request, as well as Staff's evaluation are provided in the attached Staff report. Staff was not made aware of any opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council. • Attachments: Staff Report and Disclosure Statements Proffer Agreement Minutes of Planning Commission Hearing Location Map Direct Independence Group, LLC Page 2 of 2 Recommended Action: Staff recommends approval. Planning Commission recommends approval. c?5W"----. Submitting Department/Agency: Planning Department City Manager: �� Applicant & Property Owner Direct Independence Group, LLC Agenda Item Public Hearing May 11, 2016 (Deferred from April 13,2016) City Council Election District Kempsville D6 Virginia Beach Request a �O 164 South8°,I ,d Conditional Rezoning from0-2 Office to 2 • Conditional B-2 Community Business (Application was deferred to allow the applicant t. or more time to complete the proffer agreement ,,,, / and building design) , '`� 46°F t.O Staff Planner r % Mc Kevin Kemp *�0 ,rd ! a JP ''1 eF�4 4/1" •2# Location a % 449, 457,465 South Independence Boulevard of' <a• 0,�p �£o e Cnmmvne'D rt.s �'�°.° �o # / E GPINs <;�` n s,ddlebrOOh Court 1476594453, 1476595337, 1476596300 Site Size 47,116 square feet AICUZ Less than 65 dB DNL Existing Land Use and Zoning District '''' c e �� `��• , Undeveloped/0-2 Office �,, ^�� Surrounding Land Uses and Zoning Districts �.1 _ m ` 4. r North 4 >ao • Y�" T. South Independence Boulevard �� Mixed commercial, office and storage/ 1-1 , 1 f , Industrial ... itty: k..k South ; , ,- • Single-family dwellings/ R-10 Residential , ,..**'4,•••\.' ' East , , Automobile repair/ B-2 Community Business `oo`` 4���� '' • West of 90 Office/0-2 Office .�� �a ✓ , Direct Independence Group, LLC Agenda Item D6 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Change of Zoning from 0-2 Office to Conditional B-2 Community Business District for the purpose of consolidating three undeveloped parcels along South Independence Boulevard and developing the site with a two-story commercial strip center. • The submitted site layout depicts a building with a 4,400 square-foot restaurant, 3,960 square feet of retail space, and 2,354 square feet of second story office space. • The proposed restaurant will have a small outdoor dining area that will be enclosed with a fence along the east side of the building. • Site Layout: o Two ingress/egress points are depicted on the submitted plan. Both access points will be right-in/right- out only onto South Independence Boulevard. o The existing sidewalk along South Independence Boulevard will remain. o The submitted plan depicts 69 parking spaces, meeting the requirements of Section 203 of the Zoning Ordinance for on-site parking. o As required, streetscape landscaping is depicted along South Independence Boulevard in a 10-foot wide planting bed, meeting the requirements of the City's Landscaping Guide. Interior parking lot islands are also depict to be installed within the parking area, as required. o A 15-foot wide buffer with Category IV landscaping (evergreen trees branching to the ground or a combination of trees and shrubs) is depicted along the rear of the site, providing the required screening between this proposed B-2 site and the adjacent residential properties. o Foundation landscaping will be installed along the front and sides of the building. o The dumpster, depicted to the north of the proposed building, and will be enclosed with a fence and the required plantings. o A detailed review of all of the required plantings will be done during the final plan review process. • Building design: o The submitted elevation depicts a two-story building with EIFS and cement fiberboard (HardiePlank) siding as the primary exterior building materials. o The first floor is designed with storefront windows with industrial-style canopies overhead. o The entrance to each of the units is accented with a two-story,flat-roofed design feature. o The roof will be metal standing-seam. Direct Independence Group, LLC Agenda Item D6 Page 2 7 ‹/ 1 • `11:.„.-N. /i ' Q-' Zoning History " a 0 # Request 't 1 MOD Approved 02/08/2011 0 � �N - iO � CUP(Private College)02/08/2011 \ MOD Approved 06/14/1994 . • CRZ(B-2 to Conditional B-3)Approved 04/23/1991 R:'t0 @•' 0 ,/ / ,am -2 e.„( //>\ \ a 7. Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being within the Suburban Area.The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value,and aesthetic quality of stable neighborhoods.Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment either maintain or enhance the overall area.This is accomplished through compatibility with surroundings, attractiveness of site and buildings, environmental responsibility, livability,and effective buffering of residential from non-residential uses with respect to type, size, intensity, and relationship to the surrounding uses. (pp. 3-1 to 3-3) Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay watershed.The site is undeveloped and contains some mature vegetation, particularly along the rear property line.There do not appear to be any significant natural resources or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Opacity .. sgepetatetttreffic. South Independence Boulevard 79,889 ADT 1 56,240 ADT 1(LOS 4"D") Existing Land Use 2-356 ADT 64,260 ADT 1(LOS 4"E") Proposed Land Use 3-594 ADT 1 Average Daily Trips z as defined by a 47,116 3 as defined by a 4,400 square foot 4 LOS=Level of Service square-foot lot zoned 0-2. restaurant,3,960 square-foot retail establishment,2,354 square-foot office space. Direct Independence Group, LLC Agenda Item D6 Page 3 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) South Independence Boulevard is an eight-lane divided major arterial road in the vicinity of this site with a varying right- of-way from approximately 155 feet to 175 feet.The MTP shows an eight-lane major arterial with an ultimate right-of- way of 155 feet.The intersection is currently at its capacity at a Level of Service F.There is currently no CIP project scheduled for this segment of Independence Boulevard. Public Utility Impacts Water&Sewer The site is currently connected to City water.There is a 12-inch City water main along South Independence Boulevard. Sewer The site must connect to City sewer.There is a 12-inch City force main along South Independence Boulevard. Pump station#508 should be evaluated to see if it can handle additional capacity. Evaluation and Recommendation The applicant's request for a change of zoning of the subject property in order to develop the site with a commercial building is generally consistent with the Comprehensive Plan's land use policies for the Suburban Area.The development of the site with a restaurant, retail establishment and office space is compatible with the surrounding commercial and office uses.Additionally,the building's design is reflective of the following elements of the Retail Establishment and Shopping Center Design Guidelines:the use of projections and recesses of wall planes, storefront display windows, projected entryways,canopies, changes in materials and alternate material accents,variations in rooflines,a three- dimensional roof feature, and the use of high-quality materials.The proposed design, in Staff's opinion,will be an aesthetically pleasing addition to this section of South Independence Boulevard. The submitted site layout depicts the required streetscape and interior parking lot landscaping as well as the Category IV screening, providing an ample buffer to the residential properties to the south. Proffers 1. The following uses allowed in the B-2 Zoning District shall not be allowed on the property: • Animal hospitals,veterinary establishments, pounds, shelters,commercial kennels • Assembly uses • Automobile museums • Automobile repair garages • Automobile service stations • Bars or nightclubs • Beverage manufacturing shops • Boat sales • Body piercing establishments • Borrow pits • Building mounted antennas other than those meeting the requirements of Section 207 • Bulk storage yards and building contractor yards • Business and vocational schools which do not involve the operation of woodwork shop, machine shops or other similar facilities • Car wash facilities • College and universities, public or private • Commercial parking lots, parking garages, parking structures and storage garages Direct Independence Group, LLC Agenda Item D6 Page 4 • Commercial parking garages and storage garages which include car wash, car rental, or car detailing services when wholly enclosed within a parking structure and assessor thereto • Communication towers and temporary communication towers • Fiber-optic transmission facilities • Funeral homes • Heliports and helistops • Home-based wildlife rehabilitation facilities • Hospitals and sanitariums • Marinas, commercial • Mini-warehouses • Mobile home sales • Motor vehicle sales and rental • Museums and art galleries • Open-air markets • Outdoor plazas • Passenger transportation terminals • Passenger vessels permitted by U.S. Coast Guard regulations to carry more than one hundred forty-nine (149) passengers and used for commercial purposes • Personal watercraft rentals • Public utility storage or maintenance installations • Radio and television broadcasting stations • Recreation facilities other than those of an outdoor nature,with a floor area greater than 7,500 square feet • Recreational and amusement facilities of an outdoor nature,which may be partially or temporarily enclosed on a seasonal basis with approval of city council • Religious uses with a floor area greater than 4,000 square feet • Satellite wagering facilities • Small wireless facilities • Storage garages • Tattoo parlors • Wholesale and distribution operations • Wildlife rehabilitation centers • Wind energy conversion systems 2. Property owners shall develop the structures on the property in substantial conformance,as determined by the Planning Director,or designee,to elevations entitled, "Independence Square,449 Independence Blvd.,Virginia Beach,VA 23452," dated March 10, 2016, and prepared by ionic dezign studios.Such elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. Property owners shall develop the property in substantial conformance,as determined by the Planning Director, or designee,to the site plan entitled "Conceptual Site Layout Plan of 449 Independence Blvd.,Virginia Beach, Virginia," dated 10/23/15, and prepared by MSA, P.C. 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. Direct Independence Group, LLC Agenda Item D6 Page 5 Proposed Site Layout [i g4 4.y i Illi i iI I r o. ih, Eai,1 7$;7 & s /11 pt1' «_.1i"osi«"« 8 £ \ ase 0 11 1 i 1 g .„! ,i:.,, 4. ,,, 3_, 1 117 111 i $slit, I tfl � 1- t ry ti J I. n 0 13 O .s I ; .% P II _. ( t i bs Its Do 2'1 't fri Q t 0 ` !t l\ =; tit t "n Y la i i �IP � r vt o Il_, Cgi iillEf o u, z 1 9 i° iiiii 4 o V iltlIgliIg i w m Z 1d ll W z 9 !lil t. Q `� iii; i <t v 5 F73Y7 Direct Independence Group, LLC Agenda Item D6 Page 6 Proposed Commercial Building < al.. 10 w > F. (.) u, , - ,.... a_ cr) f : w w . .- 1 ' Mir filltil ° Z 111 0 7;,-•: •'' Z . 111 42' • — II isr-, I ..-.:41 4 , / f , ;1111 \ .4 1 11 r) = ,.....,i, c,u W1 . .1114: 5 ' r*. -- Z 0 i ,, 0 V <9 zt '8 w z Q..V o Z .. * mi _ . Lik..17 '- 4 '''':4;:::' ,,, •' L si, it 1 z `:' ; If.;;;: -• . : .-.... Direct Independence Group, LLC Agenda Item D6 Page 7 Proposed Commercial Building coL>.-' or u w N a w J ra■'i . w I u ■ w z ■ w .+ f w i Z ■■■ �I. L 1. ' " '' 's 4WP ,,...4.4 ■ t ■ ■■, , ,..� 4 i r O , .,,'„,, 1 ,1 > I w = oe Q Ye O Z ■ w- o Po4... t:A 0 z .. ,. ... zo s Luz 0 uj o z Za s ' ,� � , * v w C MI o • e Direct Independence Group, LLC Agenda Item D6 Page 8 Proposed Elevation hbz 0 F- 60 al ry4J W .. 1 I ZF- I 0 , ,, yk`:. „,.., . .' ' * 4 a 11"1 , „ , 4 S¢. i .. ''. .„....' : : I ■I 4_ _ .. idi I 5 i z 2 I p-- \ 1 1.1 4* .... ■ n Im'' 4,', c., a n et / 1 \ WS ozW ® ,I . - 1 5 0 /'X Z cv �! o to� W,..,..,t,,,, O Z c y . ogt ,... 0 z z.7 ...2 .� �• sc i+•o.?�r 0_' o O Apt . ! pz k s: a d ft a .-:. .,._ r . e ot :.:. •.„..,"''.7s-..:;.:,,: . 5 Direct Independence Group, LLC Agenda Item D6 Page 9 Site Photos 4goie ., ...; � . , !` . r ; ; fit' itez Int 6 . tefe'-. .— — ..fir. i 5 __ ® > Direct Independence Group, LLC Agenda Item D6 Page 10 Disclosure Statement \ir:itiia lirdril DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property _ Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. XCheck here if the APPLICANT IS a corporation, partnership, firm, business, or FOP CI rt l.ts, u%l_t , 1 Page 1 of 4 06 APpt laIHf;)t) Il , ,i 4 �' ' REltSI NSSt ;iI£t; �; 6I -As Direct Independence Group, LLC Agenda Item D6 Page 11 Disclosure Statement 'NB 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) Direct Independence Group, LLC -Thao Tran - Manager -Linda Tran -Manager • (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Not applicable. 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. ^I Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) Direct Independence Group, LLC -Thao Tran-Manager -Linda Tran -Manager (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Direct Independence Group, LLC Agenda Item D6 Page 12 Disclosure Statement Virginia Beach Not applicable. "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of Mike O'Neil your tax return El El Architect/Landscape Architect/ Land Planner 151 Contract Purchaser(if other than CIthe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed El Ft purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors CEngineers/Surveyors MSA,P.C. 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. Direct Independence Group, LLC Agenda Item D6 Page 13 Disclosure Statement Virginia Beach Financing (include current TowneBank X r mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X Legal Services ShepelleWatkinsWhite Consulting �, Real Estate Brokers /Agents for 1x� current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have C n an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. ti - t V -r a 6 l�,e i1/ Li rtjl., 2vI s APPLICANT'S SIGNATUREDeower rtitip. PRINT NAMENYtit Ird wont;ag- 1144,,,,,6(5 DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Direct Independence Group, LLC Agenda Item D6 Page 14 Disclosure Statement OWNER Virginia Beach YES 1 NO 1 SERVICE PROVIDER (use additional sheets if needed) ❑ Accounting and/or preparer of your tax return Mike O'Neil { t ❑ (�( Architect/Landscape Architect/ l� Land Planner Contract Purchaser(if other than 1 , n154 the Applicant)- identify purchaser '' and purchaser's service providers Any other pending or proposed ❑ IX purchaser of the subject property (identify purchaser(s)and gyp( j purchaser's service providers) ❑ Construction Contractors ❑ I Engineers/Surveyors/Agents 1 MSA, P.C. 1 Financing (include current gyp{ n mortgage holders and lenders selected or being considered to TowneBank provide financing for acquisition 1 or construction of the property) ❑ I Legal Services ' !Shepelle Watkins White Consultin f Real Estate Brokers/ r ❑ 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 ❑ uf 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 Direct Independence Group, LLC Agenda Item D6 Page 15 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. , 4 6., c, !ri i LI rtic, Ttito v-)1Vi -44 iLiS _ APPLICANT'S SIGNATUREID0p,,.tteat� ro�+ri, PRINT NAMEp,1Z t b,Arit(onot (w r DATE �I PROPERTY OWNER'S SIGNATURE j PRINT NAME DATE Page 7 of 7 Direct Independence Group, LLC Agenda Item D6 Page 16 Item#D6 Direct Independence Group, L.L.C. Conditional Change of Zoning 449,457 &465 South Independence Boulevard District 2 Kempsville May 11, 2016 CONSENT An application of Direct Independence Group, L.L.C.for a Conditional Change of Zoning (0-2 Office District to Conditional B-2 Community Business District) on property located at 449,457 &465 South Independence Boulevard, District 2, Kempsville. GPIN: 1476594453, 1476595337, 1476596300. PROFFERS 1. The following uses allowed in the B-2 Zoning District shall not be allowed on the property: • Animal hospitals,veterinary establishments, pounds, shelters,commercial kennels • Assembly uses • Automobile museums • Automobile repair garages • Automobile service stations • Bars or nightclubs • Beverage manufacturing shops • Boat sales • Body piercing establishments • Borrow pits • Building mounted antennas other than those meeting the requirements of Section 207 • Bulk storage yards and building contractor yards • Business and vocational schools which do not involve the operation of woodwork shop, machine shops or other similar facilities • Car wash facilities • College and universities, public or private • Commercial parking lots, parking garages, parking structures and storage garages • Commercial parking garages and storage garages which include car wash, car rental, or car detailing services when wholly enclosed within a parking structure and assessor thereto • Communication towers and temporary communication towers • Fiber-optic transmission facilities • Funeral homes • Heliports and helistops • Home-based wildlife rehabilitation facilities • Hospitals and sanitariums • Marinas, commercial • Mini-warehouses • Mobile home sales • Motor vehicle sales and rental • Museums and art galleries Item#D6 Direct Independence Group, L.L.C. Page 2 • Open-air markets • Outdoor plazas • Passenger transportation terminals • Passenger vessels permitted by U.S.Coast Guard regulations to carry more than one hundred forty-nine (149) passengers and used for commercial purposes • Personal watercraft rentals • Public utility storage or maintenance installations • Radio and television broadcasting stations • Recreation facilities other than those of an outdoor nature,with a floor area greater than 7,500 square feet • Recreational and amusement facilities of an outdoor nature,which may be partially or temporarily enclosed on a seasonal basis with approval of city council • Religious uses with a floor area greater than 4,000 square feet • Satellite wagering facilities • Small wireless facilities • Storage garages • Tattoo parlors • Wholesale and distribution operations • Wildlife rehabilitation centers • Wind energy conversion systems 2. Property owners shall develop the structures on the property in substantial conformance, as determined by the Planning Director,or designee,to elevations entitled, "Independence Square, 449 Independence Blvd.,Virginia Beach,VA 23452," dated March 10, 2016,and prepared by ionic dezign studios.Such elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. Property owners shall develop the property in substantial conformance,as determined by the Planning Director,or designee, to the site plan entitled "Conceptual Site Layout Plan of 449 Independence Blvd.,Virginia Beach,Virginia," dated 10/23/15, and prepared by MSA, P.C. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item D6. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE Item#D6 Direct Independence Group, L.L.C. Page 3 WEINER AYE By a vote of 11-0,the Commission approved item D6 for consent. Shepelle Watkins White appeared before the Commission on behalf of the applicant. f.....,''',' A ! --,,c),.. CITY OF VIRGINIA BEACH -) .„4.--,- N4 • INTER-OFFICE CORRESPONDENCE 0E OUR 0,10' In Reply Refer To Our File No. DF-9572 DATE: May 25, 2016 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilso DEPT: City Attorney RE: Direct Independence, LLC — Conditional Change of Zoning The above-referenced modification to conditional zoning application is scheduled to be heard by the City Council on June 7, 2016. I have reviewed the subject proffer agreement, dated April 14, 2016 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ks Enclosure cc: Nancy L. Bloom Document Prepared By: ShepelleWatkinsWhite Consulting&Law,PLLC 870 Greenbrier Circle,Suite 405 Chesapeake,VA 23320 AGREEMENT THIS AGREEMENT (this "Agreement"), made this 101 day of fPr,� 1 2016, by and between DIRECT INDEPENDENCE, LLC, ("Grantor", to be indexed as grantor); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the"Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, Grantor is the current owner of certain parcels located in the City of Virginia Beach, Virginia identified by GPIN No. 1476-59-4453-0000; 1476-59-5337-0000 & 1476-59-6300-0000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the"Property"); and WHEREAS, Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from 0-2 to Conditional B-2; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the B-2 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. GPIN: 14765944530000, 14765953370000, 14765963000000 NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The following uses allowed in the B-2 Zoning District shall not be allowed on the property: • Animal hospitals, veterinary establishments,pounds, shelters, commercial kennels • Assembly uses • Automobile museums • Automobile repair garages • Automobile service stations • Bars or nightclubs • Beverage manufacturing shops • Boat sales • Body piercing establishments • Borrow pits • Building-mounted antennas other than those meeting the requirements of Section 207 • Bulk storage yards and building contractors yards • Business and vocational schools which do not involve the operation of woodwork shops, machine shops or other similar facilities • Car wash facilities • Colleges and universities, public or private • Commercial parking lots,parking garages,parking structures and storage garages • Commercial parking garages and storage garages which include car wash, car rental or car detailing services when wholly enclosed within a parking structure and accessory thereto • Communication towers and temporary communication towers • Fiber-optics transmission facilities • Funeral homes • Heliports and helistops • Home-based wildlife rehabilitation facilities • Hospitals and sanitariums • Marinas, commercial • Mini-warehouses • Mobile home sales • Motor vehicle sales and rental • Museums and art galleries • Open-air markets • Outdoor plazas • Passenger transportation terminals • Passenger vessels permitted by U.S. Coast Guard regulations to carry more than one hundred forty-nine (149)passengers and used for commercial purposes • Personal watercraft rentals • Public utility storage or maintenance installations • Radio and television broadcasting stations • Recreation facilities other than those of an outdoor nature, with a floor area greater than 7,500 square feet • Recreational and amusement facilities of an outdoor nature, which may be partially or temporarily enclosed on a seasonal basis with approval of city council • Religious uses with a floor area greater than 4,000 square feet • Satellite wagering facility • Small wireless facilities • Storage garages • Tattoo parlors • Wholesaling and distribution operations • Wildlife rehabilitation centers • Wind energy conversion systems 2. Property owners shall develop the structures on the property in substantial conformance, as determined by the Planning Director, or designee, to the elevations entitled, "Independence Square,449 Independence Blvd., Virginia Beach, VA 23452"dated March 10, 2016 and prepared by ionic dezign studios. Such elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. Property owners shall develop the property in substantial conformance, as determined by the Planning Director, or designee, to the site plan entitled "Conceptual Site Layout Plan of 449 Independence Blvd., Virginia Beach, Virginia"dated 10/23/15 and prepared by MSA, P.C. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.] IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR DIi ND PENDENCE, LLC ' (SEAL) Thyan, Manager (SEAL) linda Tran, Manager COMMONWEALTH OF VIRGINIA CITY OF CHESAPEAKE, to-wit: The forgoing instrument was sworn to and acknowledged before me on this 14th day of April, 2016, by Thao Tran and Linda Tran in their capacities as Managers of Direct Independence, LLC. They are either ® personally known to me or ❑ has produced as identification. Witness my hand and official stamp or seal this 14th day of April 2016. lip I � , (SEAL) Notary PublicYIL2A) `,,%IIIIIIIIIggtttt E1.E Nq wa',. My Commission expires: 43oI I S NOTARY'' ;•• PUBLIC t� Registration No: 1'S855Sb REG.#7585583 ; z n MY COMMISSION• S. O E PI ES r ` ti EXHIBIT A Legal Description ALL those certain lots, pieces, or parcels of land, situate in the Kempsville Borough of the City of Virginia Beach, Virginia, and designated and described as "LOT B", "LOT C", and "LOT D", "AREA: 47,116 SQ.FT. = 1.082 ACRES" as shown on that certain plat entitled: "PLAT SHOWING PORTIONS OF TRACT NO. 43 A.W. CORNICK KEMPSVILLE FARM LOTS B C &D (M.B. 42, P. 22) OWNED BY THE CITY OF VIRGINIA BEACH LOCATED IN FORMER KEMPSVILLE BOROUGH VIRGINIA BEACH VIRGINIA," Scale: 1" = 25' dated July 5, 1998, prepared by Survey Bureau, Engineering Division, Department of Public Works, City of Virginia Beach, Virginia, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia in Map Book 288, at page 15, to which reference is made for a more particular reference. 4111111MISINIMMIMi.. ."*.' '-: -'1:` ' < ' 40 • /1/ ..... _ • • • . .../ .. -,-) . g• \/ • 5A .,,,.. , -4' /"•:-, , ..../ „..I. N''• ; i , - ./H,. / . ,..s.;' ., ,•- * - \-, ,,,1„.4 , ,....„. _.„ _.•• 0 *..: --7/:' //`• -.'...\:: '••:7,,,;.:7- N'2:,"\-:-• mr---:,. '4. c'''' \'Llir*---": /' ...:14-' . 4:' ''' <•`'./.1:' ''''''' '' ' , • Wr . , , '1.10, , .t> ',,, ., i ‘<, .> ' a LiCi-,2j ''' '- • ',.. gA - .&‘,1"-'..-* uici <•,, / / lir /kil / , .-4- ' --,. •111 ' . • -- 7,71 ip , ..... , ... , 1..., \ci, - .,_....... * -7\\\ 4•.\14 :'-'; tr / ..... _ ..„, 1 / /.. co ........, • -..,.. . MP Nrifr / N..._4',. .• ;%1 . \ , / . \ e-\...i i I • . " (:**.s'31:\ i,iiiiii\H:110,,,s, •. 1 I II\\ \ ') - .. "k .,,• * 1111.IIIII', .:40011k':IP: 14.. . IShhniIN likillitP III 44r , lik Ilk -,.. ,.. 7 D ? [LI ' ' ' k,"Eil/s . /• ' . ..,: N, 4100' 4 ' .-.. •- , . *ilk .46 ,• ''' . . ta. i ' \.,-------- \ .-0-•:- 'SON „,. _____ ...... .. ,, _:.. .......... .„ o-'-7 'It .,- ..e t 4y,Nuy�� f• CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FARMHOUSE, LLC [Applicant / Property Owner] Conditional Change of Zoning from 0-2 Office District to Conditional B-2 Community Business District; Conditional Use Permits for a Craft Brewery, Assembly Use, and Open-Air Market. 1805 Kempsville Road (GPIN 1455922961). COUNCIL DISTRICT—KEMPSVILLE MEETING DATE: June 7, 2016 • Background: These requests for a Conditional Change of Zoning and Conditional Use Permits, will allow the applicant to repurpose the subject site as a craft brewery/tasting room and an event venue. The 8.6-acre site was part of the 500-acre Wood Family Farm, and contains the original farmhouse constructed in 1910. For the past several years the farmhouse has been used as an office for William E. Wood Real Estate Company. The applicant intends to convert the farmhouse to a tasting room. There will be a small production building on the site where beer will be produced. The rear of the site is depicted on the plan for the cultivation of crops that will be used in the production of the beer. The mature trees in the front yard will remain and a row of live oaks will be planted on each side of the driveway. Additionally, the applicant intends to use the site to host weddings and other events, including an open-air market selling local produce. In the future, the applicant intends to subdivide and develop a 1.5-acre portion of the site along Kempsville Road with a use that is complimentary to the craft brewery, such as a restaurant. • Considerations: This request to repurpose the historic Wood family farmhouse as a craft brewery, tasting room and event venue for weddings will bring a unique amenity to the Kempsville area. The proposed craft brewery and open-air market will not only preserve the existing historic farmhouse and much of the open space, but will also introduce a new type of business and destination not typical in suburban Virginia Beach. Retaining the mature trees and large front yard in front of the farmhouse will protect the site from other, more impactful, commercial development. Further details pertaining to the requests, as well as Staff's evaluation are provided in the attached Staff report. Staff was not made aware of any opposition to this request. Farmhouse, LLC Page 2of4 ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: Conditions for Craft Brewery: 1. The farmhouse building shall be renovated in substantial conformance to the submitted architectural plans and elevations entitled, "NEW FACILITY FOR FARMHOUSE BREWERY 1805 KEMPSVILLE ROAD, VIRGINIA BEACH, VA 23464," dated January 14, 2016, prepared by Work Program Architects. Said plans and elevations have been displayed to the City Council and are on file with the Planning and Community Development Department. 2. The existing mature trees located on the property in front of the farmhouse shall be preserved to the greatest extent possible. The existing mature vegetation located along the northern property line shall be preserved. 3. All required handicap parking shall be constructed of concrete or asphalt and shall comply with all ADA standards. 4. Bicycle parking for a minimum of five (5) bicycles shall be provided on the site and located within 200 yards of the farmhouse building. 5. All necessary permits shall be obtained from the Planning Department for all site work, renovations to the farmhouse and production hangar, and any new construction of accessory structures. 6. All signage on the site shall conform to the regulations of the City Zoning Ordinance. A permit shall be obtained from the Planning Department, Zoning Office for any signage being added to the site. 7. The operation shall comply with all applicable codes and regulations of both the Commonwealth of Virginia and the City of Virginia Beach pertaining to licensure and control of alcoholic beverages. 8. With the exception of weddings, gatherings and other special events covered in the Conditional Use Permit for Assembly Use, only beer or other fermented malt beverages and non-alcoholic beverages may be served on the premises. 9. There shall be no consumption or sale for on-premises consumption of alcoholic beverages between midnight and 10:00 a.m. Farmhouse, LLC Page 3 of 4 10. With the exception of weddings, parties or other such gatherings or special events, live music shall be performed only inside the farmhouse and doors and windows shall remain closed during such performances. 11. All freestanding and building signage shall be subject to the review and approval of the Planning Director and shall be designed to reflect the historic and farming heritage of the property. Conditions for Assembly Use: 1. Two weeks prior to any event held on the property exceeding an attendance of 120 guests, to include but not limited to weddings, parties, gatherings, fundraisers, etc., the applicant shall notify the following City agencies: Police Department, Fire Marshal Bureau, Commissioner of Revenue, the Current Planning and Zoning Divisions of the Planning Department, and the Health Department. 2. Occupancy for any event shall be determined by the Fire Prevention Bureau and the Building Official's Office. 3. There shall be no amplified music permitted outside between the hours of 9:00 p.m. and 12:00 p.m. (noon), or for more than three (3) hours in any one day. 4. All freestanding and building signage shall be subject to the review and approval of the Planning Director and shall be designed to reflect the historic and farming heritage of the property. Conditions for Open-Air Market: 1. The use shall not be in operation 10:00 p.m. to 8:00 a.m. 2. The Open-Air Market shall be limited to the areas depicted on the submitted site layout as "Market Area" and "Market Pavilion." 3. There shall be no less than one (1) trash receptacle per one thousand (1,000) square feet of sales area. All trash receptacles shall be regularly emptied so as not to overflow, and litter and debris shall not be allowed to accumulate. 4. In accordance with the Building Code, all temporary structures and furniture will be appropriately dissembled or removed when winds equal to or greater than 60 miles per hour are expected. 5. All applicable requirements of the Health Department shall be adhered to at all times. Farmhouse, LLC Page 4 of 4 6. Merchandise, stalls, or other materials shall not be stored outdoors when the Open-Air Market is not open for business. 7. All freestanding and building signage shall be subject to the review and approval of the Planning Director and shall be designed to reflect the historic and farming heritage of the property. ■ Attachments: Staff Report and Disclosure Statements Proffer Agreement Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommend approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: (\\ Applicant & Property Owner Farmhouse, LLC Agenda Item Public Hearing May 11, 2016 City Council Election District Kempsville 3 City of Virginia Beach Request Conditional Rezoning (0-2 Office to t C p e10 +O -y Conditional B-2 Community Business) ,, %,, % '''' oar z mp Sr Conditional Use Permit (Craft Brewery, P�`PP' o%aa a24 ` c Uec �a��ti Assembly Use, Open-Air Market) `� .,re P c ���/ P pa Jc at' rhe dy Staff Planner , '''pro eP� " -k .,„04.aP Kevin Kemp 'eQ Pyr” g % 4 p o Location i� c .sett,' p` 1805 Kempsville Road 4. 'xP o GPIN %4 4;. z 1455922961 �lP" 3 '��P e gyp. 9 ti� r� /ya/. xFJc`�F•B P S, Site Size �a,�P`o'PA4,e p� 8.6 Acres �" ���P AICUZ Less than 65 dB DNL Existing Land Use and Zoning District c F., r s,ae 1" .,,' `"`11` 5 . Office, undeveloped land/0-2 Office • '�, p• t , ,,,1'' '•.� I-- ,' . ..-t' kilcIl•11P)-14..Y.. ' --, -:1'''''.-,1,44.42,,,irs 'c Surrounding Land Uses and Zoning Districts t:: *.:�ay"� d/; , S '. ')�k' North A. - oe `. ..', ' •to(; ; t, r Single-family dwellings/ R-5D Residential N, 1 **411-,Q�ro` ,' .., cwt".,'e! South ?4,x, a v�fk. ' 0> I , ;�' , p . Church B-2 CommunityBusiness * f East _ w�j" "h°° .'1.:- "'�. 4. Kempsville Road �� �.� \ ...` ie.., .�;; Single-family dwellings and mixed commercial/ _ ,,, : Nt,o 1,R-7.5 Residential and B-2 Community Business ; ' 0 _. ' ..r.,7-2( 4 ?""� West '~• ,_a � .;��', ""'`''� .s„°. �,;�, aa� Single-family dwellings/ R-5D Residential fir`, ''F °'' ,, t - or Igu., , , ,. . ,tor.\% 44 • • Farmhouse, LLC Agenda Item 3 Page 1 Background and Summary of Proposal • The existing office building was the original Wood family farm house, constructed in 1910.The Wood family grew grain and raised cattle on a 500-acre farm. Over time,the farm operation was replaced with single-family dwellings and commercial uses along Kempsville Road. • The farmhouse has been converted to office space and is currently the realty office for the William E.Wood Realty company,founded in 1972. • William E.Wood was born in the farmhouse, and he developed the adjacent Charlestowne neighborhoods in the 1970's,followed by the development of Woods Corner Shopping Center in 1988. • This request is for a change of zoning from 0-2 Office to Conditional B-2 Community Business along with Conditional Use Permits for a Craft Brewery, an Assembly Use,and an Open-Air market in order to transition the site into a craft brewery with a tasting rooms, an event venue for weddings and similar events, and an open-air market where locally-grown produce and similar products will be sold. • The applicant intends to create an approximately 1.5-acre residual parcel in the undeveloped wooded area at the front of the site. Proffer 2 limits the uses that will be permitted on the site when it is ultimately developed. It is the intent of the applicant to eventually develop the outparcel with a restaurant or retail use that will complement the proposed craft brewery. • Conditional Use Permit for a Craft Brewery o The existing farmhouse will be retained and will contain the tasting rooms, lounge areas, and ADA accessible bathrooms.The only exterior alterations proposed to the structure will be done in order to comply with ADA accessibility requirements. o The existing driveway will be shifted slightly and used as the primary entrance to the site.The existing mature trees on the property will remain, and will be supplemented with a row of Live Oaks installed along each side of the driveway. o There is an existing metal frame building on the site that will be converted to a "Production Hangar" where the beer will be brewed. The applicant has indicated that all of the beer brewed on-site will be consumed only by the patrons on the property. o The submitted site layout shows several areas at the rear of the site that will be used as"Crop Areas." Plants will be grown in these areas that will in turn be used as ingredients in the beer that is brewed on the property. o Parking will be accommodated by the existing parking areas behind the farmhouse and in an area behind the production hangar.The parking surface will be gravel or oyster shell surface, reflective of a casual, rural site. Farmhouse, LLC Agenda Item 3 Page 2 • Conditional Use Permit for an Assembly Use o The applicant intends to hold weddings, parties and other similar gatherings on the site. o The submitted site layout shows a 40-foot by 70-foot tent located next to the farmhouse where a majority of the events will be held.The tasting room will be available for events as well. o The existing lawn, next to the farmhouse, can accommodate outdoor seating for 120 guests.This portion of the property will also contain a garden pergola,the fruit orchard, a horseshoe area, and picnic tables. o A fence with the required Category IV landscape buffer is proposed along the property lines abutting the existing adjacent residences. • Conditional Use Permit for an Open-Air Market o The applicant proposes to sell locally-grown produce and other similar products on-site, hence the need for the Conditional Use Permit for an Open-Air Market. o The site layout depicts two small market"pavilions," open-air market stands, parking areas for customers and vendors as well as plots for growing produce and herbs. The applicant intends to create an approximately 1.5 acre residual parcel in the undeveloped wooded area at the front of the site. Proffer number 2 limits the uses that will be permitted if/when this parcel is created.The applicant wishes to develop the site with a restaurant or retail use that will complement the craft brewery. ' 11-7.----ro,O. , ,4L ,—0:040 ,— 2 Oft a V � ,®� ,i` Zoning History64(..,0x#7. ' # Ite***—, _ ,l � 1 CUP(Bingo Hall)Approved 09/23/2008 ii 4 Akin CUP(Private School)Approved 03/25/2008 -10 look • ' �ft�s MOD to CUP approved on 09/14/1987)Approved ',, -44 05/08/2007 \, '‘ B:2 /:.. CUP(Automobile Service Station) Denied 01/12/1999 /v %al ` 2 CRZ(B-2 to Conditional A-24)Approved 07/01/2003 7iii 41: /7/ .,- " , 40.44, 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 Farmhouse, LLC Agenda Item 3 Page 3 Comprehensive Plan Recommendations This property is located within the Centerville Strategic Growth Area,just north of the Woods Corner Shopping Center focus area and is one of the few remaining undeveloped large parcels of land in this section of Virginia Beach. Natural and Cultural Resources Impacts The site is the remaining parcel of what was once the Wood family farm.The existing farmhouse on the site remains largely as it was when it was constructed in 1910.The site is located within the Chesapeake Bay watershed.There are many mature, large canopy trees that will remain on the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 14,800 ADT1(LOS 4"C") Kempsville Road 37,245 ADT 1 22,800 ADT 1(LOS 4"D") Existing Land Use 3=1, 132 ADT Proposed Land Use 1,892 ADT 27,400 ADT 1(LOS 4"E") p 1 Average Daily Trips 2as defined by 0-2 zoning, 3as defined by B-2 zoning(assuming 4 LOS=Level of Service (assuming 40%of the site 40%of the site will be used) will be used) Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Kempsville Road is a four-lane divided minor urban arterial road in the vicinity of the site.The MTP proposes a six-lane divided facility with an ultimate right-of-way of 150-feet. CIP project(#2-409) is expected to impact the Centerville Turnpike from Indian River Road to Kempsville Road.This project will build a four-lane divided highway with other improvements such as sidewalks, dedicated bike lanes, and landscaping. Public Utility Impacts Water The site is currently connects to City water.There are two existing 20-inch City water mains along Kempsville Road and an eight-inch City water main along Luck Lane.The existing one-inch meter(City ID#95125325) may be used or upgraded to accommodate the proposed development. Sewer The site currently connects to City sewer.There is an existing eight-inch City gravity main along Luck Lane and an existing 24-inch HRSD force main along Kempsville Road. Evaluation and Recommendation This request to rezone the site to accommodate a craft brewery,tasting room,open-air market and event venue is recommended for approval by Staff.This proposal will repurpose the site,which was once part of the 500-acre Wood family farm.The historic farmhouse, built in 1910, will be retained and converted into tasting rooms and venue space. Maintaining the farmhouse and character of the site while providing a specialized brewery and event venue will bring a Farmhouse, LLC Agenda Item 3 Page 4 unique amenity to the Kempsville area.Additionally, by retaining the mature trees and open areas in front of the farmhouse,the applicant has protected the site from other, more impactful commercial development. The site is located across the street from the Woods Corner Shopping Center. In Staff's opinion, the proposed uses are generally consistent with the Comprehensive Plan,as well as compatible with the surrounding commercial uses along Kempsville Road. Staff does have a concern regarding the potential negative impact that outdoor events, such as weddings, may have on the adjacent residential properties, particularly with regard to noise. In an attempt to address this concern,the applicant has proffered to install a fence, along with the required Category IV buffer and screening, along all property lines that are adjacent to residentially zoned properties. Staff has also recommended conditions below that specifically limit the amplification of music and the time that outdoor events can be held. Included with the request for a change of zoning is a 1.5-acre portion of the site that the applicant intends to subdivide and develop at a later date. It is the applicant's intent to develop this area of the property with a use that complements the craft brewery operation. Proffer two prohibits certain objectional uses within the B-2 zoning district that would not be optimal for this location and could potentially detract from the unique setting of the existing site.This is one of the few remaining undeveloped large parcels of land in this section of Virginia Beach City and presents a unique opportunity to develop something special for the area.The proposed craft brewery and open-air market will not only preserve the existing structure and much of the open space, but will also introduce a new type of business and destination to the otherwise typical suburban neighborhood development pattern found throughout the City. For the reasons stated above,Staff recommends approval of the Conditional Change of Zoning as proffered,and of the Conditional Use Permits for a Craft Brewery, an Assembly Use and the Open-Air Market, as conditioned. Proposed Proffers 1. When developed,the Property shall be developed in substantial conformity with the conceptual plan entitled "CONDITIONAL USE PERMIT EXHIBIT FARMHOUSE BREWERY, 1805 KEMPSVILLE ROAD,VIRGINIA BEACH, VIRGINIA", dated March 8,2016, and prepared by WPL(the "Concept Plan"),a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. When developed,the area the Concept Plan labeled as"Future Parcel for Lease" (the "Outparcel")shall be developed as an eating or drinking establishment or for retail uses, and the following uses shall be prohibited on the Outparcel: automobile service stations; bars or nightclubs; bicycle and moped rental establishments; boat sales; body piercing establishments; borrow pits; building-mounted antennas other than those meeting the requirements of Section 207 of the City Zoning Ordinance; bulk storage yards and building contractor yards;car wash facilities; commercial parking lots, parking garages, parking structures and storage garages; dormitories for marine pilots; liquor stores; mini-warehouses; mobile home sales; motor vehicle sales and rental; passenger transportation terminals; public utility storage or maintenance installations; radio and television broadcasting stations; satellite wagering facilities; storage garages;and tattoo parlors. 3. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City code requirements. Farmhouse, LLC Agenda Item 3 Page 5 Conditions for Craft Brewery 1. The farmhouse building shall be renovated in substantial conformance to the submitted architectural plans and elevations entitled, "NEW FACILITY FOR FARMHOUSE BREWERY 1805 KEMPSVILLE ROAD,VIRGINIA BEACH,VA 23464," dated January 14, 2016, prepared by Work Program Architects. Said plans and elevations have been displayed to the City Council and are on file with the Planning and Community Development Department. 2. The existing mature trees located on the property in front of the farmhouse shall be preserved to the greatest extent possible.The existing mature vegetation located along the northern property line shall be preserved. 3. All required handicap parking shall be constructed of concrete or asphalt and shall comply with all ADA standards. 4. Bicycle parking for a minimum of five (5) bicycles shall be provided on the site and located within 200 yards of the farmhouse building. 5. All necessary permits shall be obtained from the Planning Department for all site work, renovations to the farmhouse and production hangar, and any new construction of accessory structures. 6. All signage on the site shall conform to the regulations of the City Zoning Ordinance. A permit shall be obtained from the Planning Department, Zoning Office for any signage being added to the site. 7. The operation shall comply with all applicable codes and regulations of both the Commonwealth of Virginia and the City of Virginia Beach pertaining to licensure and control of alcoholic beverages. 8. With the exception of weddings,gatherings and other special events covered in the Conditional Use Permit for Assembly Use, only beer or other fermented malt beverages and non-alcoholic beverages may be served on the premises. 9. There shall be no consumption or sale for on-premises consumption of alcoholic beverages between midnight and 10:00 a.m. 10. With the exception of weddings, parties or other such gatherings or special events, live music shall be performed only inside the farmhouse and doors and windows shall remain closed during such performances. 11. All freestanding and building signage shall be subject to the review and approval of the Planning Director and shall be designed to reflect the historic and farming heritage of the property. Farmhouse, LLC Agenda Item 3 Page 6 Conditions for Assembly Use 1. Two weeks prior to any event held on the property exceeding an attendance of 120 guests,to include but not limited to weddings, parties,gatherings,fundraisers, etc., the applicant shall notify the following City agencies: Police Department, Fire Marshal Bureau, Commissioner of Revenue,the Current Planning and Zoning Divisions of the Planning Department, and the Health Department. 2. Occupancy for any event shall be determined by the Fire Prevention Bureau and the Building Official's Office. 3. There shall be no amplified music permitted outside between the hours of 9:00 p.m. and 12:00 p.m. (noon), or for more than three (3) hours in any one day. 4. All freestanding and building signage shall be subject to the review and approval of the Planning Director and shall be designed to reflect the historic and farming heritage of the property. Conditions for Open-Air Market 1. The use shall not be in operation 10:00 p.m.to 8:00 a.m. 2. The Open-Air Market shall be limited to the areas depicted on the submitted site layout as"Market Area" and "Market Pavilion." 3. There shall be no less than one (1)trash receptacle per one thousand (1,000) square feet of sales area.All trash receptacles shall be regularly emptied so as not to overflow, and litter and debris shall not be allowed to accumulate. 4. In accordance with the Building Code, all temporary structures and furniture will be appropriately dissembled or removed when winds equal to or greater than 60 miles per hour are expected. 5. All applicable requirements of the Health Department shall be adhered to at all times. 6. Merchandise,stalls,or other materials shall not be stored outdoors when the Open-Air Market is not open for business. 7. All freestanding and building signage shall be subject to the review and approval of the Planning Director and shall be designed to reflect the historic and farming heritage of the property. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code,including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Farmhouse, LLC Agenda Item 3 Page 7 Proposed Site Layout 1► . \ I \ / \ �" \ ss MIATIWAKON1.1 1.OM.44 010.1.d 5 � O0Oit1. 1 '" 00000Q it ' 1 ,� # Q� b O $ t �y i II H. NI 11 U il ::-.7\-,,,i' ..- 11 Si - — ......„, , r0„,„ ------- , " • . , ... , 1 i $5s Ps flat Ot --- .ly il ,c„ , • , i- 114 + Oil • • 1:\ I 3.411 I i t 1 1 t. 1 - ---- -- ------ t PTI*LT w + i ma 1._ ,,, ...„„,,,,, ,, , .------,, I--ii---.)1 t .1!__ „,,,r________,L... , — 'IC ..,-_._.___ .-- _.., ale W W t � ` g_ °i lk 5 R; --- i + SS +! I 6 ! ``�” X61g d m !f will >Pi aa. e Z= _ f 0i, U Z 221-. 0 o - I- �iai o _ Q y m U il a Farmhouse, LLC Agenda Item 3 Page 8 Proposed Site Layout- Northern Portion PRO!OSED FEN ••t AND CAT IV fANDSCAPE :UFFER _ if. .e„ea. 1+...ia+un a.. w • A - 4 e..— c_,..._,-- ,._ TJ.. v .. f .w. .. '-- ...1-• p ,,,,,,,,,,,....-4,,p sagas � R'.aaty1.'ur PARKING "Pm" PICNIC z A .r 4 --'4 _ TABLES , PROPOSED FENCE S ...4.1.,,,/ - r, I . , - AND CAT IV LANDSCAPE ' ! r "— I / ; ' GARDEN BUFFER I it c I { PERGOLA It 00 'Yp-G.r! }g , j Yeas, �r� TENT - I r (FUTURE --"`"4"--- r- , 11'1" 1 ! I BARN r r ' ... _ ;. FRUIT TREE IF. 3S "" i ORCHARD ii g , 3 • WEDDING ' r SEAT AREA 1' 1 ,� 1 '� - MAIN DROP-OFF AREA Da3a D T [fiaM[Y NM , . IfjJfr/ r > A I . !S J } ( PLANTING C.. `•—• AREA law' i f11.Ms , t,,:„.- y 6 • _, -' #M.., •...____ , -- ....... . , i ,..„.... , i \----- ! ram EXISTING TREES TO \. REMAIN ,.as �.. OPEN SPACE .es rnn..vsN PROPOSED LIVE 't� I •.,../ _i c OAK ALLEY \ • t ' -. '-. • I• \ j ! , 1 L I `..J. / i {EXISTING TREES TO • , ( +t ,REMAIN - 1 wa-; i # ' / ", , OPEN•iPACE f EX(TI NG T4ES TO t ' AIN ° NCE4....--r—c...............,.....„,..,..3 Farmhouse, LLC Agenda Item 3 Page 9 Proposed Site Layout- Southern Portion i I PROPO E_D FENCE At D CAT IV LAN SCAPE SIF R -- -- SI CROP } t CROP AREA 810–RETE IpN , 1 AREA iiiii. RA�ftI;GAfI' N si t AtiftiCUt1UFlA�Amu. .,,T -4r1'7-4 r---' .._ _ K It CROP �, I AREA PARKING — PARKING ' BIO–RETE ION ATLANTIC ' ' If 1,_ '. .IN GA EN SHORES – BAPTIST �-^ MARKET PAVILLIONS ' a r. c.i111�r H CHURCH < � . ... ...r, , , I, ,. MARKET AREA ,€—' ' t , Fra ; r i L' , 1 ---,tALikt.-,' IV 1 VENDOR PARKING 4 K* t • VENDOR PARKING n-' -as ( ., • 11 I 1 ow�a • "`.°t MK .tasrscwrfa PRODUCTION • HANGAR PRESERVE EXISTING BUFFER F til t• 1'I .1i PARKING t PROPOSED RISIDUAL PARCEL ti•• ii r4 (APPROX.1.5ACRES) i ° PROFFER 412 I I I I 1 1 1 • r ,k,t, !ti. i� I : , „ i 1 i ... b.'. .• i , -4.-........-- , i *-410.44.°.1°1" SITE ENTRY Farmhouse, LLC Agenda Item 3 Page 10 Rendering of Home .I,.11..m. .0r, - At%li'a a 1:14314. .,,...,„ s} _ /;/ / , tit I"-.T.41t1-3-01,04-,.4.4.,... . , •\_. • ,, , \ rt f ; '4 1 7 L4 s r t w ,f}1 . ' A :__,........,......_ '- -. 1: .-1-..., , :i. „.111,,,,,_,....::_ , ..._ il i r, . "-- -- ,d, ''- • E" ____.. :-_ 7, __________ ______ _ ,. , . .. .... .. ......_.. , , . ....____.... E._ ,_,...... :. ,,.. _.,..,.,.001. : «---- :-- = r-mom lit 1 . I: dt ••Il *!--• - s Farmhouse, LLC Agenda Item 3 Page 11 Proposed First Floor 4;4° 40•00°. ,/ * \ 410 ". -7 lti 11 li. r4 1\ 4000 \, :\Ilkilik\HII:-- . ., :\ \ 's 4 f/ t it t e' , \' ' '\ ,� \I 7 --- 7.-'I iSis • 007"/ FIRST FLOOR Farmhouse, LLC Agenda Item 3 Page 12 Proposed First Floor- Furniture Option 1 1 I I PREP KITCHEN z B 0 � r PRIMARY BAR I[TL1] tL POTENTIAL 1 l' ill WALL.TAPS -- GROWLER FILL TASTING ROOM SECONDARY BAR [BAR HEIGHT SEATING] - jL I. A BANQUETTE [LOUNGE SEATING] UP [TABLE AND CHAIR SEATING] ! L L_ BANQUETTE 11 , FIRST FLOOR-FURNITURE PLAN-OPTION 01 3/16'=1'-O NEW FACILITY FOR FARMHOUSE BREWERY 7805 KEMPSVILLE ROAD.VIRGINIA BEACH.VA 23464 V‘dgik' WORE MrMR&M M0ITECTP Farmhouse, LLC Agenda Item 3 Page 13 Proposed First Floor- Furniture Option 2 1I PREP KITCHEN ,JL r-- mammy BAR PS WALL TA PS GROWLER FILL SECONDARY BAR TASTING ROOM [BAR HEIGHT SEATING] BANQUETTE [LOUNGE SEATING] a W - (TABLE AND CHAIR SEATING] `i✓•y I _ _ J 'A� BANQUETTE II Fr- - iP .. .. auiu[., E FIRST FLOOR-FURNITURE PLAN-OPTION 02 3/16"=1'-0"_ — NEW FACILITY FOR FARMHOUSE BREWERY 1805 KEMPSVILLE ROAD,VIRGINIA BEACH.VA 23464 wtwK P anew rlW110111 Farmhouse, LLC Agenda Item 3 Page 14 Proposed Second Floor 1 e ,. f , 1 ' .11141t. , i„-- , 004,". . - \ 1\ i \ . . trN, it l • \` + Cyt if, . ,, 4.. 4 \ 14, o. ,�► - , 1 \, , ... SECOND FLOOR Farmhouse, LLC Agenda Item 3 Page 15 Proposed Second Floor- Furniture Option 1 [LOUNGE SEATING] [ POTENTIAL VVINDOVV LOCATION POTENTIAL (OPEN TO THE PORCH] It T APS PRIMARY BAR 8 V r (TABLE AND CHAIR SEATING] ir _11 SECOND FLOOR-FURNITURE PLAN-OPTION 01 3116"=1'4" NEW FACILITY FOR FARMHOUSE BREWERY 1805 KEMPSVILLE ROAD.VIRGINIA BEACH VA 23464 VYglik wow*MOO.0.4 M101•11074 Farmhouse, LLC Agenda Item 3 Page 16 Proposed Second Floor- Furniture Option 2 [LOUNGE SEATING) 7 - -2, O 1 POTENTIAL WINDOW I ! � LOCATION POTENTIAL [OPEN TO THE PORCH) WALL TAPS 1 PRIMARY BAR ,—ti Irr= g O I I I - - LEANING BARS 0. I 1 POTENTIAL STAGE L 4 i. ,. SECOND FLOOR-FURNITURE PLAN-OPTION 02 _ 3/16"=1•-0 NEW FACILITY FOR FARMHOUSE BREWERY 1805 KEMPSVILLE ROAD VIRGINIA BEACH.VA 234641//'UiRilit' wan*POICAPIIMM 1UOA Farmhouse, LLC Agenda Item 3 Page 17 Proposed Elevations _— SLOVIA300 011311001k1 I I 'I, .U2 01.A1141.1 e W.%.....”....41 einr akIINIOMIM.00.1110•081•4 . .....44.0,2i Aroma 3111106111RIVA I 1 1 1 i 111 00.1/41110V4MelN 1 o 1 I 1— ,p 1 I i.° if I IT I tt I 'r , i 1 1 *: 1 , ,1, I'Izzoci ..clim--.J .. - I 1 1 , . 1 .111 il 1 1 ' •!! i § ii 11, ? § • ii & t i- IL, V 1 -i ! ! 1 1= 1= 1 = - ! , ... Lill• - --'1 — I tz Z, 1- i .. ,... rl• g ;'4 1; .I. I % % % ..' 4. % % % .$ t t 4 w u a .... ..—............._................. Farmhouse, LLC Agenda Item 3 Page 18 Site Photos- Existing Home ' 11/4 illif,•;-,:*': ,4,- f; <'eft:- / • t°, .. ' n Y S+: J r 4 J♦. 1 r fit' , ,. l'i Jd4 . . , me� ` i .... s a AL .....w >..'<. -...4t1.5 tv4:11,7tfr''"45-,,,050?•655.••'.5 ,.,.'' ,,,,,A -.. EXISTING FARMHOUSE 9' xiMr - S q ' --- ''' t_rli \ IIN 11: \ill. '''' :„ ,7',: i i 1 . tilii i FRONT PORCH SITTING AREA SIDE YARD/OUTDOOR EVENT AREA Farmhouse, LLC Agenda Item 3 Page 19 Site Photos- Front Yard A ..... • • - ' &sox IIMPb gilk- ' : -,6-44 •,, , .C.,_ 1 'ke-.''' .,... .. .— 'CI '',a g-- I" , ''''' ... k ".. Jr ., O' ' r; ,i,,,,, " 0,. ..,.., .1 Leihouroso .... , .t.'-"--,• l' .-- ' '''''.7- '4‘.4* " . ,a. ^ ". , . ' . • ' . .'' ' '40 ".Ad..":' MAIN DRIVEWAY „,.. • • .„.. - • *lir • 4 - . .. 0 , P .. . Ye - • , .. -... . - , 4 ilo Al. V . . -• , - • _ _ . tar., • , 40 v41,, .4- ' . , . .• 4,1111141 11111 OA; w • ,1 Zyt',.. -1 , ' ', 11 '-• 4* t 4 gh r. * to --- .... .-, . .A. OPEN AREA IN FRONT YARD DRIVEWAY ENTRY Farmhouse, LLC Agenda Item 3 Page 20 Site Photos- Rear Yard i i ',. .. , ' - „ .�-a* • - 0 e ,, , . I R�9� I \ tvo ,.r . J' irk .y.. ..i a ,,; v .' ...ter .: .art -... ~L -4..7',$.,:.,-- ..'&., 1•' .•*y _ REAR PROPERTY LINE 4�I I - il 1;1 z. 4411111 REAR PROPERTY LINE REAR OF FARMHOUSE Farmhouse, LLC Agenda Item 3 Page 21 Site Photos- Production and Crop Area yU • € *� .47 teV ° • € CROP GROWING AREA 4,1 ; 1 4.11 1:1'r 10. 44, Rc „ PRODUCTION HANGAR SECONDARY DRIVEWAY PARKING AREA Farmhouse, LLC Agenda Item 3 Page 22 Disclosure Statement NB Virginia Beach APPLICANT'S NAME Farmhouse, LLC 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 7 j—❑ I s24 . ire �� A — -- 4 Farmhouse, LLC Agenda Item 3 Page 23 Disclosure Statement Virginia Beach IXI Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. FTCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Farmhouse, LLC If an LLC, list all member's names: Edward Hewitt- Managing Member 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 • 0 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. N Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:Farmhouse, LLC If an LLC, list the member's names:Edward Hewitt- Managing Member Page 2 of 7 Farmhouse, LLC Agenda Item 3 Page 24 Disclosure Statement 113 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§ 2.2-3101 2 "Affiliated business entity relationship" means "a relationship, other than parent subsidiary relationship, that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101. 4 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Farmhouse, LLC Agenda Item 3 Page 25 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) XAccounting and/or preparer of your tax return IXI Architect/Landscape Architect/ WPL Land Planner Contract Purchaser(if other than IXJ the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed n n purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Axis Global Enterprises Inc. I I Engineers/Surveyors/Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X Legal Services Real Estate Brokers / C X Agents/Realtors for current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Farmhouse, LLC Agenda Item 3 Page 26 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.. �)/ ���� ( Ross Vierra 3/6/16 APPLICANT'S SIGN' rUR d PRINT NAME DATE Page 5 of 7 Farmhouse, LLC Agenda Item 3 Page 27 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) I ' ❑^ Accounting and/or preparer of ' your tax return C Architect/Landscape Architect/ WPL Land Planner _ Contract Purchaser(if other than X 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) nConstruction Contractors Axis Global Enterprise Inc. CX Engineers/Surveyors/Agents Financing(include current ✓ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) CZ Legal Services Real Estate Brokers / XAgents/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 n n an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Farmhouse, LLC Agenda Item 3 Page 28 Disclosure Statement IP 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, VEDA meeting, or meeting of any public body or committee in connection with this '. Application. Edward Hewitt 3/6/16 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Farmhouse, LLC Agenda Item 3 Page 29 Item #3 Farmhouse, L.L.C. Conditional Change of Zoning 1805 Kempsville Road District 2 Kempsville May 11, 2016 CONSENT An application of Farmhouse, L.L.C.for a Conditional Change of Zoning from 0-2 Office to Conditional B- 2 Community Business on property located at 1805 Kempsville Road, District 2, Kempsville. GPIN: 1455- 92-2961-0000. PROPOSED PROFFERS 1. When developed,the Property shall be developed in substantial conformity with the conceptual plan entitled "CONDITIONAL USE PERMIT EXHIBIT FARMHOUSE BREWERY, 1805 KEMPSVILLE ROAD, VIRGINIA BEACH,VIRGINIA", dated March 8, 2016,and prepared by WPL(the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. When developed,the area the Concept Plan labeled as"Future Parcel for Lease" (the "Outparcel") shall be developed as an eating or drinking establishment or for retail uses,and the following uses shall be prohibited on the Outparcel:automobile service stations; bars or nightclubs; bicycle and moped rental establishments; boat sales; body piercing establishments; borrow pits; building- mounted antennas other than those meeting the requirements of Section 207 of the City Zoning Ordinance; bulk storage yards and building contractor yards;car wash facilities; commercial parking lots, parking garages, parking structures and storage garages; dormitories for marine pilots; liquor stores; mini-warehouses; mobile home sales; motor vehicle sales and rental; passenger transportation terminals; public utility storage or maintenance installations; radio and television broadcasting stations; satellite wagering facilities; storage garages; and tattoo parlors. 3. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City code requirements. CONDITIONS FOR CRAFT BREWERY 1. The farmhouse building shall be renovated in substantial conformance to the submitted architectural plans and elevations entitled, "NEW FACILITY FOR FARMHOUSE BREWERY 1805 KEMPSVILLE ROAD,VIRGINIA BEACH,VA 23464," dated January 14,2016, prepared by Work Program Architects.Said plans and elevations have been displayed to the City Council and are on file with the Planning and Community Development Department. Item#3 Farmhouse, L.L.C. Page 2 2. The existing mature trees located on the property in front of the farmhouse shall be preserved to the greatest extent possible.The existing mature vegetation located along the northern property line shall be preserved. 3. All required handicap parking shall be constructed of concrete or asphalt and shall comply with all ADA standards. 4. Bicycle parking for a minimum of five (5) bicycles shall be provided on the site and located within 200 yards of the farmhouse building. 5. All necessary permits shall be obtained from the Planning Department for all site work, renovations to the farmhouse and production hangar, and any new construction of accessory structures. 6. All signage on the site shall conform to the regulations of the City Zoning Ordinance. A permit shall be obtained from the Planning Department,Zoning Office for any signage being added to the site. 7. The operation shall comply with all applicable codes and regulations of both the Commonwealth of Virginia and the City of Virginia Beach pertaining to licensure and control of alcoholic beverages. 8. With the exception of weddings, gatherings and other special events covered in the Conditional Use Permit for Assembly Use,only beer or other fermented malt beverages and non-alcoholic beverages may be served on the premises. 9. There shall be no consumption or sale for on-premises consumption of alcoholic beverages between midnight and 10:00 a.m. 10. With the exception of weddings, parties or other such gatherings or special events, live music shall be performed only inside the farmhouse and doors and windows shall remain closed during such performances. 11. All freestanding and building signage shall be subject to the review and approval of the Planning Director and shall be designed to reflect the historic and farming heritage of the property. CONDITIONS FOR ASSEMBLY USE 1. Two weeks prior to any event held on the property exceeding an attendance of 120 guests,to include but not limited to weddings, parties,gatherings,fundraisers,etc.,the applicant shall notify the following City agencies: Police Department, Fire Marshal Bureau,Commissioner of Revenue,the Current Planning and Zoning Divisions of the Planning Department, and the Health Department. 2. Occupancy for any event shall be determined by the Fire Prevention Bureau and the Building Official's Office. 3. There shall be no amplified music permitted outside between the hours of 9:00 p.m. and 12:00 p.m. (noon), or for more than three (3) hours in any one day. Item#3 Farmhouse, L.L.C. Page 3 4. All freestanding and building signage shall be subject to the review and approval of the Planning Director and shall be designed to reflect the historic and farming heritage of the property. CONDITIONS FOR OPEN-AIR MARKET 1. The use shall not be in operation 10:00 p.m.to 8:00 a.m. 2. The Open-Air Market shall be limited to the areas depicted on the submitted site layout as "Market Area" and "Market Pavilion." 3. There shall be no less than one (1)trash receptacle per one thousand (1,000) square feet of sales area.All trash receptacles shall be regularly emptied so as not to overflow, and litter and debris shall not be allowed to accumulate. 4. In accordance with the Building Code, all temporary structures and furniture will be appropriately dissembled or removed when winds equal to or greater than 60 miles per hour are expected. 5. All applicable requirements of the Health Department shall be adhered to at all times. 6. Merchandise, stalls, or other materials shall not be stored outdoors when the Open-Air Market is not open for business. 7. All freestanding and building signage shall be subject to the review and approval of the Planning Director and shall be designed to reflect the historic and farming heritage of the property. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 3. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item for consent. The application Edward Hewitt appeared before the Commission. 4G1NIA.E,Ic z Lea° CITY OF VIRGINIA BEACH I INTER-OFFICE CORRESPONDENCE uo ��_ ,Ga y /: /O' °,44::,,, , ,: -._.,,,, ,,0 t =a-sYe.,a NS Op OUR No° In Reply Refer To Our File No. DF-9555 DATE: May 25, 2016 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilsor0 DEPT: City Attorney RE: The Farmhouse, LLC — Conditional Change of Zoning The above-referenced modification to conditional zoning application is scheduled to be heard by the City Council on June 7, 2016. I have reviewed the subject proffer agreement, dated April 20, 2016 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ks Enclosure cc: Nancy L. Bloom Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 AGREEMENT HIS AGREEMENT (this "Agreement"), made this a0ii"- day of ,(l , 2016, by and between THE FARMHOUSE, LLC, a Virginia limited li bility company ("Farmhouse", to be indexed as grantor); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS,the Farmhouse is the current owner of that certain parcel located in the City of Virginia Beach, Virginia, identified by GPIN No. 1455-92-2961-0000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, the Farmhouse has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from 0-2 to Conditional B-2; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, Farmhouse acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional B-2 are needed to cope with the situation to which Farmhouses's rezoning application gives rise; and WHEREAS, Farmhouse has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning districts by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by Farmhouse and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the GPIN No. 1455-92-2961-0000 28250962v2 Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, Farmhouse, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through Farmhouse, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "CONDITIONAL USE PERMIT EXHIBIT FARMHOUSE BREWERY, 1805 KEMPSVILLE ROAD, VIRGINIA BEACH, VIRGINIA", dated March 8, 2016, and prepared by WPL (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. When developed, the area of the Concept Plan labeled as "Future Parcel for Lease" (the "Outparcel") shall be developed as an eating or drinking establishment or for retail uses, and the following uses shall be prohibited on the Outparcel: automobile service stations; bars or nightclubs; bicycle and moped rental establishments; boat sales; body piercing establishments; borrow pits; building-mounted antennas other than those meeting the requirements of Section 207 of the City Zoning Ordinance; bulk storage yards and building contractor yards; car wash facilities; commercial parking lots, parking garages, parking structures and storage garages; dormitories for marine pilots; liquor stores; mini-warehouses; mobile home sales; motor vehicle sales and rental; passenger transportation terminals; public utility storage or maintenance installations; radio and television broadcasting stations; satellite wagering facilities; storage garages; and tattoo parlors. 3. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 28250962v2 2 All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. Farmhouse covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and(ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, Farmhouse shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of Farmhouse and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.] 28250962v2 3 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: THE FARMHOUSE, LLC, a Virginia limited liability company: ---� By: ---- v777_ Title llG(Aiar f I r STATE/COMMONWEALTH OF U'' A. CITY/COUNTY OF V t IRC Iti ,to-wit: The foregoing instrument was sworn to and acknowledged before me this . 4-day of A-j2C2 , 2016, by CDViIkIZ-. tet. 4Eirvi , on behalf of The Farmhouse, LLC. He/she is either personally known to me or has produced V; iti'cA -49R-1 CIS 1....1cC:7`)S : as identification. Witness my hand and official stamp or seal this X ay of , 2016. owni 1 !ll& Notary Public (SEAL) \\- OF "S10T ..9 My Commission Expires: ' n ... .i4 co s EXp 7179.44:Z E Registration Number: 2,1 ,gL7 H Ov se /lIf11111i11U 28250962v2 4 EXHIBIT A Legal Description of the Property ALL THAT certain tract, piece or parcel of land, with the appurtenances thereto belonging, situate, lying and being in the Kempsville Borough of the City of Virginia Beach, Virginia, being more specifically bounded and described as follows, to-wit: BEGINNING at a pin on the northwest side of Kempsville Road in the dividing line of the property hereby conveyed and now or formerly owned by Gomez, and from said point of beginning running North 48 degrees 40' 50" West, 571 feet to a pin; thence turning and running North 40 degrees 06' 52" East, 15.50 feet to a pin; thence running North 38 degrees 55' 51" East, 660.04 feet to a pin; thence turning and running South 47 degrees 55' 33" East, 595.03 feet to a pin on the northwest side of Kempsville Road, thence running along the northwest side of Kempsville Road around a curve to the left with a radius of 1385.00 feet, an arc distance of 53.15 feet to a pin; thence continuing along the said northwest side or Kempsville Road South 40 degrees 51' 43" West, 614.64 feet to the point of beginning. 28250962v2 5 s , 1‘ \ \ S . . . . _....''''..-.' \ 7 ' Q1 ....iil*z 0 ID ... co dl \\ • , .... -•.,,.. . , \ \ r...... \ CN1 W • . , 1 Ce CO .: , . . .. , . \ \\/...___ . vir N .. At .,,,\ . ,. ,......_ . . . . ......— .. ...,.. ‘Ni ‘ .___77___ ___ \ : \ , , \ \\\ , s „ . . .. ,..7:..\. N''.1.;.000. .„,......,.. ., ' .. ., • 4.. ..... . ' • ' ' -. \ :.:.-- -'. - - ' , • .. ... ,- • 0 -. ,,,,,.,., . \ ..-- , .---. .. ., \\ )k,1,\\\ \\.., • ....i , , - • •,\''N , 0 \4 ' '.. • 7 - \.,:....- ..---. --"•;\ , s,\L'\.N:\\.. C: __ \\\\\*\,'\ _ _-- , -.4i ----- - . vt• „ . .• , \ •• . , • . , ' 1`44tkii-4 \ N.:•:-. X • • 4.3 , . - - kVA% .'' , \e, •N, \ le '‘ \ Ilk 1A,,W.: . -N\ ,__::, ,...- :' '' . ' \n .- •,, NV:1*s4 \' . • • .. .... Vos,64.4visi, 0. „ , - As\ • , . , .• - .1. --' . ...,....---, . - _ ••,. - \- _ ‘‘.,,,, lisk ' - ' . •4- . \lekti.i'*.,••• . kSiNkk%. ,, . . ' • °Sr -N1/4 N4.. • ........... ' . , \'''' -A0,,,,,,,•...s,„4-% •• -„, -,.. „..,,, N.. ,, _ ............ ___— ; , • , „,:-..... -4.40, \-s.,,,.. . .. . , [ ,,-iitnek,,,,, AI :q� .--, ......C (lwg j! -,?,,s; f.:11 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VIRGINIA BEACH TRAVEL SOCCER, INC. [Applicant] COLONIAL SELF STORAGE, LP [Owner] Conditional Use Permit (Indoor Recreation Facility) and Floodplain Variance to Section 4.10.6.2 of the Floodplain Ordinance. North side of Buckner Boulevard, west of Holland Road (GPIN 1495062871). COUNCIL DISTRICT—ROSE HALL MEETING DATE: June 7, 2016 • Background: The applicant requests a Conditional Use Permit for an Indoor Recreational Facility to develop the site with a 23,476 square-foot building that will contain two indoor soccer fields, office space, locker rooms, executive board room and small mezzanine observation area. The facility will be used primarily during poor weather months. • Considerations: The subject site has 5,003 square feet of property located within the Floodplains Subject to Special Restrictions. The proposed development has 968 square feet of land disturbance within the Floodplain Subject to Special Restrictions, or 19.3 percent of the total floodplain area. Disturbance to more than five percent of the floodplain onsite requires a Floodplain Variance. The applicant proposes 550 cubic feet of fill and 750 cubic feet of onsite mitigation contiguous to the floodplain, exceeding the minimum mitigation required. The opposition present at the Planning Commission Public Hearing expressed concerns regarding stormwater management. • Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to recommend approval of this request to the City Council with the following conditions 1. When the site is developed, it shall be in substantial conformance with the submitted concept plan entitled, "BEACH FC— INDOOR YOUTH SOCCER TRAINING FACILITY, CONCEPTUAL SITE PLAN," prepared by Timmons Group, dated April 13, 2016, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The exterior of the proposed building depicted on the Concept Plan shall substantially adhere in appearance and materials to the exhibit entitled Virginia Beach Travel Soccer, Inc. Page 2 of 3 "PRELIMINARY ELEVATIONS FOR BEACH FC," prepared by C.L.P. Jr. & Co. General Contractors and dated April 14, 2016. 3. A photometric plan shall be submitted at the time of final site plan review ensuring that any lighting for the parking area shall be shielded and directed downward to limit the amount of overspill outside the property's boundary. 4. A landscape plan shall be submitted at the time of final site plan review reflective of the plant material depicted on submitted site plan referenced in Condition 1. In addition, the landscape plan shall include the required Category IV screening along the western property line, required street frontage landscaping along the Buckner Boulevard right of way and the required landscaping around the dumpster facility as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach. 5. The variable width drainage easement that exists along the western property line shall be replaced with a 15-foot wide drainage easement along the western property line, or as otherwise required by the Department of Public Works, as depicted on the conceptual site plan identified in Condition 1 above. 6. Prior to final site approval, the concept plan referenced in Condition 1 shall be submitted and reviewed by Public Works Engineering — Water Resources for compliance with all applicable requirements pertaining to the existing drainage easement. Final site plan approval shall not be issued until said concept plan is deemed acceptable by Public Works Engineering —Water Resources. 7. Any onsite signage 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," but rather either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 8. Any freestanding sign shall be monument style with a brick base that matches the building, and shall be no taller than eight feet as measured from the ground to the top of the sign. Said sign shall not be a "box sign," but rather either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. 9. The site layout shall conform to all applicable requirements of section 203 of the City Zoning Ordinance for off-street parking. Virginia Beach Travel Soccer, Inc. Page 3of3 • Attachments: Staff Report Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. \ rr----" Submitting Departm-nt/Agency: Planning Departmen1(\:& . \N ) City Manager. v3Applicant Virginia Beach Travel Soccer, Inc. Agenda Item Property Owner Colonial Self Storage, LP Public Hearing May 11, 2016 (Deferred on 12/09/2015) City Council Election District Rose Hall D5 Virginia Beach Request Conditional Use Permit(Indoor Recreation "",e"P.,rwway �,y APZ2`, APZ2 Facility) ' Si`rNV�R`�� Gse� vDr''' 7 Floodplain Variance to Section 4.10.8.2 of the a pupa"e °'s �''y `� ,cerP°'d Floodplain Ordinance P t. '>�,� �` c� I , l�4 �D ( �4�eY 4 Staff Planner ! M "` d ez Jimmy McNamara 65-70dBONL 0°`t""Bo0leve a`$' z ,,t,„,tors.\°09 E y 70 .75 dB DNL o rre 4 s Location �`$`�� I CehicDiwe North side of Buckner Boulevard, west of f ±� Li a,b DrNe Holland Road e as GPIN f. iacVNY 6.41eVrd Of 1495062871 t,«, .2° 44,k APz2 Site Size ', �� ano AP22 �Od c>`� �C 1.4.4. 4 v aw` °Oa� °j,: 3.36 acres / a� `ter "4 �4,, >75 dBDNL AICUZ 65-70 dB DNL; Sub-Area 3 and 70-75 dB DNL Existing Land Use and Zoning District Undeveloped wooded lot/ B-2 Community Business Surrounding Land Uses and Zoning Districts . a`t!'. • ,; , .0- North , 2``s,h. `� Self-storage facility/B-2 Community Business . '`'`1+. �. 0-- South r Buckner Boulevard Outdoor Recreation Mini-Golf Park/ R-5D Residential .' ,� .. , East r. Grocery store/ B-2 Community Business .00': - West ' Single-family dwellings/R-5D Residential ,fir � Q u` rd towel-et � y�r�I 8 e.P� " �yy�y�T�� yp �a Nom`_ ! r. , I Virginia Beach Travel Soccer, Inc. Agenda Item D5 Page 1 Background and Summary of Proposal • A request for a Conditional Use Permit for an Indoor Recreational Facility on this site was unanimously recommended for approval by the Planning Commission on December 9, 2015. On February 2,2016,City Council granted an indefinite deferral of the Conditional Use Permit request as the applicant became aware that a Floodplain Variance is required for the proposed disturbance within the floodplain located on the site.The request is back on the Planning Commission's May agenda due to changes in the site plan made to minimize the Floodplain Variance and so that both the Conditional Use Permit and the Floodplain Variance can be heard at the same time. • The site layout submitted with the Conditional Use Permit application that was presented to the Planning Commission in December 2015,depicted a substantial amount of disturbance and mitigation within the Floodplain Subject to Special Restrictions. Staff informed the applicant's representative that the amount of disturbance and mitigation within the Floodplain Subject to Special Restrictions exceeded the five percent threshold for an administrative variance and;therefore,would necessitate a Floodplain Variance from the City Council. • To minimize the impact of the development within the floodplain,the applicant has revised the site layout to reduce impacts and leave a large portion of the floodplain undisturbed in and its natural state. • The subject site has 5,003 square feet of property within the Floodplain Subject to Special Restrictions. The proposed site layout depicts 968 square feet of land disturbance within the floodplain in order to access the site, with an average fill of approximately 6.8 inches (550 cubic feet), or 19.3 percent of the total floodplain. The plan depicts 750 cubic feet of onsite mitigation contiguous to the floodplain, exceeding the minimum mitigation required. • The updated site layout depicts a 23,476 square-foot building with two indoor soccer fields,office space, locker/changing rooms, an executive board room, and a small mezzanine observation area. • The facility will be used primarily on weekends,afternoons and evenings in poor weather months,although some training sessions and clinics may be scheduled during the summer. • The elevations for the proposed building depict an approximately 27-foot tall structure. The office portion of the building will be constructed with a brick masonry facade. Split-face masonry,gray metal panel siding, metal trim,aluminum louver vents, and gray metal standing-seam roofing will be used as the exterior materials for the larger portion of the building. • Existing vegetation along the western property line will remain and be supplemented with understory plantings to meet the required Category IV landscape buffer. • Ingress/egress to the site is proposed via direct access from Buckner Boulevard and from a cross-access easement on the eastern side of the property,which connects to the adjacent commercial property to the north. • The proposed 113 parking spaces meet the minimum parking requirements of Section 203 of the Zoning Ordinance. • There is an existing multi-use path that runs along Buckner Boulevard. An onsite sidewalk connects the path to the bicycle parking provided near the main entrance of the proposed building. Virginia Beach Travel Soccer, Inc. Agenda Item D5 Page 2 ." 4 Zoning History i e s # Requesta 1 CUP(Self-Storage)Approved 09/26/1995 70aeDN 70.75 acorn 2 CUP(Bulk Storage Yard)Approved 07/06/1987 ,„ ='-t 3 CUP(Self-Storage)Approved 02/14/2006 4 CUP(Recreational Facility)Approved 01/12/1999 i i' R-S0 4 4 =AolicationTypes . CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.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 the Suburban Area.Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility,environmental responsibility, livability,and effective buffering with respect to type,size, intensity and relationship to the surrounding uses. Natural and Cultural Resources Impacts The subject site is located in the Southern Rivers Watershed. A portion of the property is located within the Floodplain Subject to Special Restrictions. The site is also heavily wooded. Besides lumber from the trees,there do not appear to be any significant natural or cultural features on the site. Virginia Beach Travel Soccer, Inc. Agenda Item D5 Page 3 Traffic Impacts Street Name Present Volume Present Capacity ; Generated Traffic 6,200 ADT 1(LOS""C") Existing Land Use 2—1,848 ADT Buckner Boulevard 8,800 ADT' 9 900 ADT'(LOS°"E") Proposed Land Use 142 weekday and 234 Saturday ADT 1 Average Daily Trips 2 as defined by 3.36 acres 3as defined by an indoor recreation a LOS=Level of Service zoned B-2 facility When Buckner Boulevard was built,streetlights and a standard 30'wide commercial entrance driveway apron for this site were installed as part of the road construction. However,the entrance was built to be a truck entrance for a proposed shopping center and the pavement striping that was installed with the roadway project must now be modified for the proposed use. Traffic Engineering has worked with the Applicant to develop a modified pavement striping plan that will add an eastbound left turn lane into the facility and will fix the westbound Buckner Boulevard approach. These striping modifications will be required with the site plan submittal. Public Utility Impacts Water This site must connect to City water.There is an existing 10-inch City water main along Buckner Boulevard. There is an existing eight-inch plugged City water service main extended to this parcel with CIP 2-073 (Roadway Plans for Buckner Boulevard). Sewer This site must connect to City sanitary sewer.Sewer and pump station analysis for Pump Station#551 is required to determine if future flows can be accommodated. Water and sanitary sewer service must be verified and improved if necessary so that the proposed development will have adequate water pressure,fire protection and sanitary sewer service. Evaluation and Recommendation Conditional Use Permit This Conditional Use Permit request for an Indoor Recreation Facility is generally consistent with the Comprehensive Plan's policies and land use goals for the Suburban Area regarding compatibility of non-residential uses with residential uses and the surrounding area. In Staff's view,the proposed development will provide a valuable amenity to the city and be an asset to the surrounding community. The proposed elevations depict quality building materials that compliment recent commercial developments in the area. The proposed concept plan depicts a logical site layout that contains sufficient landscaping. Floodplain Variance Section 4.10.6.2 of the City's Floodplain Ordinance requires that the placement of fill in the Floodplain Subject to Special Restrictions be mitigated 1:1 on site and contiguous with the existing floodplain, be limited to the smallest area and volume possible,and the combined areas of fill and mitigation must be less than five percent of the total area of the floodplain on site. Virginia Beach Travel Soccer, Inc. Agenda Item D5 Page 4 This request is for a variance to the Floodplain Ordinance to fill 968 square feet,or 19.3 percent of the total floodplain onsite, in order to elevate the entrance to the site up to the base flood elevation of 6 feet.As required,the proposed mitigation will be "on site," and contiguous to the floodplain impacted.The Comprehensive Plan's policies recommend avoiding development inside floodplains and similar low-lying areas without mitigation. In Staff's view,the proposed fill area is not significant and the proposed 750 cubic feet of mitigation exceeds the minimum requirement of 550 cubic feet. Additionally,acceptable mitigation has been determined to offset the risk of flooding to the structure,site and surrounding properties. Section 6.4 of the Floodplain Ordinance states: No variance shall be granted unless the following requirements are met: 1. Such variance will not create or result in: a. Unacceptable or prohibited increases in flood heights b. Additional threats to public safety c. Extraordinary public expense d. Nuisances;or e. Fraud or victimization of the public 2. The granting of such variance will not be detrimental to other property in the vicinity. 3. The circumstances giving rise to the variance application are not of a general or recurring nature. 4. Such circumstances arise from the physical character of the property or from the use or development of adjacent property and not from the personal situation of the applicant. 5. Variances shall be the minimum necessary to provide relief. 6. All variances shall meet all of the requirements of the Chesapeake Bay Preservation Area Ordinance(Appendix F)and the Southern Rivers Watershed Management Ordinance (Appendix G), unless a variance therefrom is granted. When the adjacent parcel was developed in 2012,a reciprocal cross-access agreement was recorded between the property owner and the adjacent property.The locations of vehicular access have not been changed from that agreement,which was agreed to by the City of Virginia Beach Department of Public Works.At the time the adjacent property was developed,concrete aprons and improvements to Buckner Boulevard were constructed for future access to the subject site. Unavoidably,a majority of the floodplain on the site is located in the area containing the existing apron, and the cross-access easement. This variance request is due to the physical characteristics of the property, not the applicant's personal situation,as ingress/egress to the site is impossible without disturbance to the floodplain. The Comprehensive Plan's Environmental Stewardship Chapter addresses the importance of protecting watershed areas and management of development in floodplains,storm drainage systems, and the land upon which they drain. In particular,the Plan recommends that wherever possible in the development approval process;avoid developing inside floodplain areas and similar low-lying areas without acceptable mitigation (pp.7-4,7-11,7-13,7-14). The mitigation proposed by the applicant exceeds this recommendation. In Staff's view,the requirements for granting a variance identified above are met. Specifically,Staff believes that the relatively small volume of fill being placed on the site and the mitigation measure proposed to preserve the existing floodplain storage capacity,will not adversely impact any properties within the vicinity. The circumstances giving rise to this variance request are not of a general and recurring nature, and it is Staff's opinion that granting this variance is the minimum necessary to afford relief.The applicant has extensively revised the site layout to minimize impacts to the floodplain. Based on these factors,Staff recommends approval of both the Conditional Use Permit and the Floodplain Variance request subject to the conditions below. Virginia Beach Travel Soccer, Inc. Agenda Item D5 Page 5 Recommended Condition 1. When the site is developed, it shall be in substantial conformance with the submitted concept plan entitled, "BEACH FC—INDOOR YOUTH SOCCER TRAINING FACILITY,CONCEPTUAL SITE PLAN," prepared by Timmons Group,dated April 13, 2016,which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The exterior of the proposed building depicted on the Concept Plan shall substantially adhere in appearance and materials to the exhibit entitled "PRELIMINARY ELEVATIONS FOR BEACH FC," prepared by C.L.P.Jr. & Co. General Contractors and dated April 14,2016. 3. A photometric plan shall be submitted at the time of final site plan review ensuring that any lighting for the parking area shall be shielded and directed downward to limit the amount of overspill outside the property's boundary. 4. A landscape plan shall be submitted at the time of final site plan review reflective of the plant material depicted on submitted site plan referenced in Condition 1. In addition,the landscape plan shall include the required Category IV screening along the western property line, required street frontage landscaping along the Buckner Boulevard right of way and the required landscaping around the dumpster facility as specified in the Landscape, Screening,and Buffering Specifications and Standards for the City of Virginia Beach. 5. The variable width drainage easement that exists along the western property line shall be replaced with a 15- foot wide drainage easement along the western property line,or as otherwise required by the Department of Public Works,as depicted on the conceptual site plan identified in Condition 1 above. 6. Prior to final site approval,the concept plan referenced in Condition 1 shall be submitted and reviewed by Public Works Engineering—Water Resources for compliance with all applicable requirements pertaining to the existing drainage easement. Final site plan approval shall not be issued until said concept plan is deemed acceptable by Public Works Engineering—Water Resources. 7. Any onsite signage 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," but rather either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 8. Any freestanding sign shall be monument style with a brick base that matches the building,and shall be no taller than eight feet as measured from the ground to the top of the sign. Said sign shall not be a "box sign," but rather either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. 9. The site layout shall conform to all applicable requirements of section 203 of the City Zoning Ordinance for off- street parking. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Virginia Beach Travel Soccer, Inc. Agenda Item D5 Page 6 Proposed Site Layout WC Z J LL „ 00 T = ww zw O Q a s Q Z W ±0 Z. = mm 0 I=F w N r,. 0 m w 000 W 00w2i 3 Z Y • MO W t Z Z a i j Z Fe' O_F Qraw W NN W W Z_OLL- w OZ�fa.1F. D FIE a0 r W N>O QNrN 0 A h O 1741 Z K 2 W ~ a K a N •� O. W a W W Q bl 6 W W W W y N u Q a s �� W Dao= LL C OZQ a a z : Proposed Floodplain Impacts DJ NDV39 -° . dnot' J SNOWWII ti't 1 t� it II c=.Iji° NA ° _ v It6 s, 1. 1 :I, III 4 # �l€ P�jl+ji ��� F� � 1 I $Fs iii it 'i AV 1 !eall ( _ z y1 hqpat4 tilliIII li 111 11 li 1/11 Di gk hi43 tl !'- aI�h !I!a Y�.i� F9 UI ! 3 \ ,t+ a� I ____ _ --M---- m..-0- lz -______ . i t gip, , . , „, f Iii II_ -_ • I .' 40 t� ` l \ A ___----5-- 0 ', ,. A I 'lit 41 \ ' 4porr: .<::::: :- 4 * ' __, 1 I \ :) , .,. OD a:-.), ---- 11/4-:* qI411 a t \s,..4...1' �r /f I • ti ,\ r t �\ ''', , I l K Q U p ` /! i Y h si §11 g:1 ,l 1: t - 2 LL try t z / / ! i / , gggg t 1 1 / / //� li�� 1 t `L / ` '-':"4 - - // ` Virginia Beach Travel Soccer, Inc. Agenda Item D5 Page 8 Proposed Building Elevations I c_, 2: CD (5 C2) co Igli >erLrUo ,2 • it:.1.', < Z W2a 14 o “? IL i t,-... gt! w .r.; r-'- , c, li 44 P c, ,--- =3 > C) b!WW!Ill UJ Lu ..‹ §ffitgSgi448 1,-..c..; 0_ a c- cc w < 0 fl . ..,-.• , t i I 1 1 * 1 - € 1 tri- •;,. _1244 k 5 ‘.? 1..,' h I . •n. q 5 '.. - 5 n 5 q 1: 5 M 5 It 1 4 * I, I I, II 11 . ,,- 71 1 . a <54 --- ,-( 5 H i ' 4'. ' I , ' , :4 i 1 4 I 1 •i 1‘ 4`> ‘. 6A fki ' - ..,.. ......._ . ........ -, , ......., .._ Virginia Beach Travel Soccer, Inc. Agenda Item D5 Page 9 Site Photos t o _ �•c a 1„ F *- f ,f, N- a . . '1111111'12.11111.1"iiiRa , e ,p 1,. ./ s4 * .... ni" ' ._ Virginia Beach Travel Soccer, Inc. Agenda Item D5 Page 10 Disclosure Statement APPLICANT'S NAME Virginia Beach Travel Soccer, Inc. 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 ci Hent Rennes Rezoning —_ Appeals '�I �r Certificate of Floodplain Variance Appropriateness ' Street Closure (Historic Review Board) i . e n 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 7 — 5/? - Virginia Beach Travel Soccer, Inc. Agenda Item D5 Page 11 Disclosure Statement Check here if the APPLICANT 15 NOT a corporation, parinet ip arm, business, or other unincorporated organization. 171 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. J (A) List the Applicant's name:_' �^i�g A 6 /Y ue/ ecce 1'; //1G �' If an LLC, list all member's names: ae,,c� >�G C>e vjz >4/b, �fa� /e - Tves.; .-/J set, ) S , ec, . If a CORPORATION, list the the names of all officers,directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes/ and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property ownerisdi Brent 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:_(ca4011t� _5/4 STayaye/ �-L. �r 1 ' If an LLC, list the member's ,Aos,lo,er p G, 4,24,s4„0/ rl q/ Gaeek,/ Q-r .ia1- names: Page 2 of 7 Virginia Beach Travel Soccer, Inc. Agenda Item DS Page 12 Disclosure Statement 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.Codes 2 2-3101 • ► SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the_Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Virginia Beach Travel Soccer, Inc. Agenda Item D5 Page 13 Disclosure Statement r : r APPLICANT A mow.• : YES NO] SERVICE ; PROVIDER(Jse. -. y sheets if needed) EAccounting and/or preparer of your tax return u Architect/Landscape Architect/ /1/are/ge*c A/2,617. Land Planner Contract Purchaser(if other than )‘/ the Analicant)-identify purchaser and purchaser's service providers Any other pending or proposed 1 (u purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors • Engineers/Surveyors/Agents ; . voc Financing(include current I 7'b /3e, 4/4 ,$$47 ® — mortgage holders and lenders selected or being considered to provide financing for acquisition , c s ' n {11 or construction of the property) ELegal Services S LEI) •Boor n• Ailern - y Pc Real Estate Brokers/ __— • C Agents/Realtors for current and C(3 R,�Z 1e v 1 t Us Uu. 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 • si 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 Virginia Beach Travel Soccer, Inc. Agenda Item D5 Page 14 Disclosure Statement rt' s 11 CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Virginia Beach Travel Soccer, Inc. Agenda Item D5 Page 15 Disclosure Statement rv� OWNER YES NO SERVICE PROVIDER(t$S ' >r sheets u needed, ® Accounting and/or preparer of your tax return l (� Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ea the Ann! icant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ❑ I purchaser of the subject property j (identify purchasers)and { purchaser's service providers) Construction Contractors EEngineers/Surveyors/Agents Financing(include current El mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services C'A/C. 4 f/gvs2r, ,477 en! Real Estate Brokers/ Agents/Realtors for current and fjEr9oi�I-L-J l� anticipated future sales of the I U Qi ►J o' 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 Zan 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 Virginia Beach Travel Soccer, Inc. Agenda Item D5 Page 16 Disclosure Statement NIB Virginia Peach 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._ </ jC f'�IASo—� ✓rr�4� ROPE WNER'S SIGdA7URE �: /S�z PRINT NAME DATE 74>- 45/Z");4/ ace./1 _rroY4s,Z„/1./° Page 7 of 7 Virginia Beach Travel Soccer, Inc. Agenda Item D5 Page 17 Item #D5 Virginia Beach Travel Soccer Floodplain Variance Conditional Use Permit North side of Buckner Boulevard, west of Holland Road District 3 Rose Hall May 11, 2016 REGULAR Jan Rucinski: Okay, our last item of today is item D5, Virginia Beach Travel Soccer. An application for a Floodplain Variance to Section 4.10.B.2 of the Virginia Beach Ordinance on the north side of Buckner Boulevard, west of Holland Road, District 3, Rose Hall. Who is going to represent them? Eddie Bourdon: You guys will be perfectly glad to get rid of me today. This application is one that the Commission heard, and recommended unanimously for a Use Permit for Beach Travel Soccer a couple of months back,afterwards, it was discovered, and I think, put the aerial of the property. We had no knowledge of this until afterwards until the pre-submittal meeting that there.You can even see it on this picture. There is an old remnant of a field ditch that comes right across here. Obviously, this property has a Walmart Market Place now, but this is the old remnant of a field ditch. And, under our Southern Virginia Beach Floodplain Ordinance, it only applies to half the City, which we adopted a number of years ago, and I said at the time, it is going to deal with primarily when a development proposes around Owl Point, where the properties were all floodplain or mostly floodplain, and properties have already been developed in the floodplain, so we came up with this ordinance where we just pulled out of that sky, the 5 percent of the floodplain on the piece of property is impacted and requires a floodplain variance regardless of how much floodplain is on the property and how de minimis the impact of the floodplain alteration might be. It is not wetlands. It is floodplain. And,the Walmart Market Place is developed on a piece of property that should have been required to get floodplain variance because they had this little ditch running on their property that was filled. And they filled all of the floodplain on their property. Now, the floodplain on their property, the loss of it, you couldn't even measure the impact. It doesn't exist. You couldn't measure it. It is so de minimis, but after we after the pre- submittal meeting it came up,there is a little section of floodplain,there is a section back here as well. That's more important that we have now moved the building. We changed the alignment. We're going to preserve all the trees. We're not going to put any parking over in this area,and actually it is a better buffer scenario than with the parking we had over before, to go completely avoid any impact in this small area of floodplain there. We cannot avoid the impact to this old remnant ditch because the access and cross access easement as Mr. McNamara extremely well explained this morning in the informal, and that is why we are here. I did not want to go back to City Council without bringing the new layout back to you guys, and this is the new layout. Before the building was here, the parking was here, and it wrapped around in the front. Now, the parking is all on this side, the building there with all this treed buffer to remain and treed buffer to remain. My clients have met with the neighbors over here and the subset of the Buckner Farms community that is in charge of this area, and no objection from them whatsoever, that I am aware of. The mitigation we are providing is right here. Now, see these five chairs sitting up here in the front row, you take those five chairs and you square them. And they come up to about here on me. That is how much floodplain that we are actually impacting with this volume, with this ditch we're filling. And, we are replacing it with that plus 50 percent, and it is directly adjacent Item #D5 Virginia Beach Travel Soccer Page 2 to the canal, it is a better scenario but once again, in a storm,the water level, flood level, if we didn't mitigate it, you couldn't measure the difference. That is how de minimis it is, in the billions of gallons of flood storage capacity in this floodplain. And I think probably done 10, 12, or 15 of these over the years. There has never been one as minimal as this. It is almost. It is what it is. I'm not going to go back but that five percent of the floodplain on site, as Mr. McNamara said this morning, if you have a thimble so start with,the impact is de minimis. That is why we are here. We just didn't want to bring the floodplain back and say oh by the way, we changed the plan. So we brought them both back rather than go forward with the Use Permit and then change the plan.So, we wanted you to see everything that's involved. Staff has recommended unequivocal approval, FEMA. No one is going to have any issues with this because again, we can more about the city and we can fill 1,000 times more than, it would even have an impact and we wouldn't need a variance, so, it is one of the those catches because the way the ordinance is written. If you have a little bit, and it is an impact, like I said, Walmart Market Place needed a floodplain variance, and to get one because nobody even figured it out because it is so innocuous. I will be happy to answer any questions if anybody has any? Jeff Hodgson: Are there any question for Mr. Bourdon? Jan Rucinski: Our first speaker in opposition is Linda Russell. Jeff Hodgson: Good afternoon Ms. Russell. Jan Rucinski: Just as you know, state your name for the record. Linda Russell: Okay. Welcome back Mr. Redmond. I am Linda Russell, and you have been here through this thing many, many times, and the rest of you, I think two of you. So I want to talk about memory loss. Well, I have been through this whole thing. I think I am the oldest one in here. I am a grandmother too. And, I have been paying attention to what all of you say. I live on Shipps Corner Road. I can do a traffic count on my front porch and at my kitchen window. And that is 12,000 cars a day. I have documents for that if you need that. On the other side of Buckner, I don't know where that traffic goes when it goes up there because on Buckner, because I think there are 6,000 trips is what they are saying. It is really funny because when we walk Buckner and Shipps Corner, We always have all of this traffic. When we want to develop something the traffic seems not to be there. But anyway, since we were here last, I went over and talked to Walmart. Walmart knows nothing about this. I'm not saying that's a bad thing because when we see these orange signs, all of us,we have to stop, get out of the car, or walk somewhere. Of course, it is undeveloped land. So the manager of Walmart didn't know this was even going to happen. So, I told them what was happening, and that's oaky because most people just don't' know until you see the trees gone until something is going to happen and it is too late because they didn't take the time to go and see what is going to be put there. This is a neighborhood Walmart. You can go to a regular Walmart and get online and order a lawnmower, buy anything they have. That is delivered to this store, and we can go pick that up. They also going to start to order at 8:00 a.m., you can pick that up after 4:00, which is the same time as all the traffic. So, I think something else needs to be put there, and I know you're going to ask me, what do you suggest? You've told me many times I tell you too much stuff. I think everybody should know what's going on. I've lived there 50 years. We like development okay? I want something there. I expect something. There have been three things already in the last year that you guys have approved two of them on Riddick, and were on Chandler,but still going to be on Rosemont. You even have the sign down. So, what I'm saying is that Item #05 Virginia Beach Travel Soccer Page 3 one thing that would go great would be a tattoo parlor. You don't have a tattoo parlor there. We have not tattoo parlor. Jeff Hodgson: Ms. Russell, real quick, you just addressed the traffic. The existing land use is over 1,800 average trips a day. Linda Russell: Yeah, okay? Jeff Hodgson: The proposed is 142, by-right, you can something that is far worse. Linda Russell: yes. Didn't I just tell you that so far in the last year, you have approved three things. Jeff Hodgson: We did. Linda Russell: They are going to development. The leasing company even has a sign there. Okay? But traffic that you're telling me about is not just for this one, there is going to be lots of development. We're going to look like Princess Ann Road by time they are done with it. You have approved three within the last year. Jeff Hodgson: That piece is going to be developed. Linda Russell: I just told you, yes. We need something that is not going to have that many cars at one time. We already have the other soccer field. They have drop off. They have 250 parking places. We already have that at the same time. Okay? Jeff Hodgson: Okay. Linda Russell: We need something where it is going to be like an office building. Like a medical. We already have by the fire station, we have something like that, on the corner of Dam Neck and Holland. We have something like that. Perfect. Jeff Hodgson: Okay. Linda Russell: Something else can be built there. Like a tattoo parlor. I would even go get a tattoo. Jeff Hodgson: Are there any questions for Ms. Russell? Linda Russell: I will be there first customer. Jeff Hodgson:Thank you ma'am. Linda Russell:And we don't need more water. We don't need that there either. Okay. And I am a member of our Civic League and I haven't said that in a while. Jeff Hodgson: Thank you. Item #D5 Virginia Beach Travel Soccer Page 4 Jan Rucinski: Our next speaker is Frances Laskey. Jeff Hodgson: Good afternoon. Frances Laskey: Good afternoon. I come before you again as the esteem Mr. Bourdon said. I didn't expect to see you again. Ed Weeden: Please state your name for the record. Frances Laskey: Frances Laskey. I'm coming with a prepared speech but I have copies made for you. So, I'm going to read it. I don't have personal experience with the objection that Mrs. Russell has, so I cannot speak from her perspective. However, I would like to address some concerns regarding the application of Beach FC for approval of a floodplain variance of the proposed site for a practice facility behind Walmart Neighborhood Market on Holland Road. As Mr. Bourdon pointed out, if the floodplain was five percent or less,we wouldn't be here today. However, from what I understand the floodplain on the existing property is approximately 19 percent. I did not know until Mr. Bourdon brought it forward. In fact, there was already the existing floodplain lack of consideration when Walmart was built. So,that is news to me today, I guess I wasn't as thorough doing my homework as I thought I was. In very simplistic terms that I can understand Beach FC says were going to need the help. And, all the excess water is going to go into that hole. So, you're not going to have a drainage problem. The City of Virginia Beach claims to be a "City for a Lifetime", to me means persons born here. They live their lifetime here and they die here. It is simple. They should be able to do this without any undo concern of their quality of life. I recently spoke to a citizen who lived in the original Buckner Farm neighborhood from the time he was a child until today. He is a senior citizen. He recalls growing up and playing on Buckner Farms. It is important because if I had as much time as Mr. Bourdon, I could explain lots of things that you may not be aware of. He grew up there that Buckner Farms. All of the farm area originally was crossed hatched with ditches. When it rained,the farm became a swamp, literally. This is the area that now contains the current residential Buckner Farm Community, and I'm not going to go back and discuss that because when that was developed, there was a unit by-right by the community to accept a Conditional Use Permit for Buckner Farms to be expanded and that was done, because of the majority of the open space was on the original side of the Buckner Farm development. So, by annexing the other side of Buckner Boulevard to go to Buckner Farm, the developer did not have to account for any extra focus where the water can go. Jeff Hodgson: Ms. Laskey, I am going to have asked but I will give you another minute to wrap it up. The red light is blinking. Frances Laskey: I see it. It is interesting with whom I spoke is having part of his land taken by eminent domain. This is in the expanding to Rosemont Road, and I can understand the necessity for expanding Rosemont Road but that will add additional impervious area that cannot absorb the excess water. It is projected to fill two-foot rise in local sea level by the end of the century. If that occurs,there will be a 2.9 foot rise in Virginia Beach, which on average is 12 feet above sea level. Low lying areas are bound to be inundated during storms. In the past few days, I saw my Mark Johnson on the City's Community Channel. I felt sorry for him at that point because there stood Mr. Mark Johnson saying if the City were to have to contain and have to deal with all of the BMPS, all the ditches, all the canals, it would take 90 years to service them. And now it is on a case by case basis where all of this is being handled in terms of Item #D5 Virginia Beach Travel Soccer Page 5 what is most important. I'm concerned about the quality of life in the area, the quality of life in the City of Virginia Beach. A question was asked what should we put there? I understand the relevant homeowner, the property owner, to develop, to sell, to do what is in their best interest. I understand the best interest of the City, in terms of wishing to get more retables. And I understand that completely. However, to impact an area that is already unduly impacted with the additional stormwater should be considered. And I feel that at this point, the Planning Commission should defer or deny and ask that an adjustment be made in terms of what Beach FC is proposing on that site. Thank you. Jeff Hodgson: Are there any question for Ms. Laskey? Mr. Thornton. Bob Thornton: So, it sounds like your main concern on this application is drainage. Frances Laskey: That is correct. Bob Thornton: If the drainage situation is fixed and there is a 90 percent probability there is no drainage problem, are you okay with this particular use? In other words, if the City Engineers and the developer make it work so that the water coming off of this property wont'go anywhere, and won't flood the city, and that's typically how they do, are you okay with this Use? Frances Laskey: May I comment? Bob Thornton: I am asking the question. Frances Laskey: Thank you. I don't have the yes or no answer. Bob Thornton: Okay. Frances Laskey: Okay. Basically when I look in terms of storms, and I have experience of living in a farm house when we purchased it in Buckner Farms the past 17 years. During the nor'easter, I had water coming from the BMP, which is called a lake in my backyard within that much of over spilling on the level property and of course with the south side. At that point, I decided I better get flood insurance. And we did. Mother Nature does not draw a line. Man draws a line and he says,okay, here is the line. Water from this area is going to stay here and water from that area is going to go there. Mother Nature doesn't see that line. It doesn't see it anywhere. With all construction that has been done, in that area, we've got LifeNet, we've got Operation Smile, and we've got TCC. We've got the widening of Rosemont Road. We have Princess Anne Road being extended and there is a possibility for an additional two more lanes there. How much more impervious land is going to be put there? And this is my problem. So, I can't answer with you with a yes or a no because I believe that in terms of weather and what we have been seeing, that there is a problem for additional drainage that cannot be resolved in that area if we continue to build and build. Bob Thornton: Okay. Just for the record for what it is worth, the State of Virginia passed all new stormwater regulations in July 2014 and the federal government imposed them on the state and the State imposed them on the City, and basically the rule of thumb is no water can leave the site. And we have one group of people that I work with that I pretty well trust are engineers. They are numbers people and they dig big holes in the ground to hold the water. And I would trust the City engineers and Item #05 Virginia Beach Travel Soccer Page 6 the developer, if they say that the water is not coming out of that site, it is pretty good probability that it is not. I understand your concerns because we have flooding elsewhere and we certainly don't want to add to flooding. But the standards that the engineers use for designing these projects are promulgated by Federal and State Regulations, and as this body from my perspective, we have to trust their judgment so we're not going to approve something and then year from now, it is flooding and we created at major problem that didn't exist . So, I'm okay with this because I trust their judgment. I understand where you're coming from but you answered my question. If the draining is not a problem, you're not opposed to this particular use. Is that safe to say? Frances Laskey: It's size. I can. Bob Thornton: In its size. Frances Laskey: In it size because it is still going to cause an impact in the area. It will still impact it. I think everyone is aware of that. I do understand where you're coming from, and I have looked at the State Regulations, but I also know that the City is supposed to inspect its BMPs, drainage ditches, etc. on a five year basis. I know for fact that in Buckner Farms, we are at least two years beyond that five year inspection. So, BMPs aren't being inspected. I assume the canals and ditches aren't being inspected, and to go out and to try to resolve drainage issues on a case by case basis, where the water does not. It would take me 90 years according to Mark Johnson to bring what is currently to bring up to standard. I just don't understand how we can look at saying that Virginia Beach is a "City for a Lifetime"and I've lived here, expecting to find a certain quality of life. And now I'm finding that people who have moved into the neighborhood are raising their children are saying, "Hey, wait a minute, what's going on"? And we see the incoming upon us that we look at the jewel. Look at the Joint Use Library and the amount of parking there is there. Where does the water go? I know where it goes. I've had discussions.And yes, I am concerned. And, ours is a working class community. I'm fortunate, I work from home. I juggle my schedule, but I am truly concern that if we continue to permit large building, large parking that it will be detrimental to those homeowners who expect a certain quality of life in their neighborhood. Jeff Hodgson: Is there anybody else? Thank you ma'am. Frances Laskey: You're welcome. Jeff Hodgson:Are there any other speakers? Jan Rucinski: No speakers. Jeff Hodgson: Mr. Bourdon. Eddie Bourdon: Thank you Ms. Laskey and Ms. Russell for coming down. Let's start with the last person. This is not a variance in anyway shape or form that pertains to stormwater and stormwater management. This property must and shall comply with the current stormwater management regulations, and will do so. This is not about capturing, treating and holding stormwater on the site. This is about the fact that the site abuts a major drainage ditch, a drainage canal, and during a major flood event where there were drains found as canal from other development, they overflow the bank of the canal, and will occupy areas in this area that we're not touching, and areas of this ditch. That is Item #D5 Virginia Beach Travel Soccer Page 7 what this is a bout and that is why the mitigation, which is 1 1/2 times the capacity of the little section of ditch that we are impacting, that is where the water will go. It is not a hole. We have to keep it at the same elevation. It is an expanded area. It is digging it out but it is not digging a big ole BMP. All the stormwater from this site, which is not in any way shape or form, overly developed in terms of impervious surface at all, is all handled on site. It will all be handled on site by structural BMPs and onsite BMPS to meet all the current regulations, which are far more cumbersome and restrictive than those that existed when really everything else in that area developed. So,just to be clear, this is not an over development of this piece of property in terms of impervious surface whatsoever. And it is not asking for any variance from any stormwater regulations. And, I will mention that Ms. Laskey after this heard the previous time before you knew about it, the floodplain situation with this ditch said she was not opposed to the use and we didn't know this existed at the time, so Mr. Thornton, you are 100% correct in your characterization of the situation. Now, Walmart is completely and totally and fully aware of this use as approved this use for you heard us last time. It is a very good Use of this piece of property. Traffic on this piece of property, off-peak traffic which we discussed at length the last time this was heard. We don't have people coming in at 8:00 a.m. in the morning here. On weekends, and during bad weather months, the facility will used during the day from morning to evening but during the rest of the week and during good weather months, it is not hardly used at all or it used in bad weather months at off peak hours, 5:30—6:00 and later,you can't have a more better in terms of not having a traffic impact compared to the by-right uses with the commercial retail uses that are allowed on this piece of property today. I neglected to mention also the BMPs on this property, because private property commercial property and they are required to be maintained by the owner of the property, and the stormwater management agreement that is very strict in terms of their requirements to maintain the BMP, a lot of residential neighborhoods that is not the case. The taxpayers have to do so or community associations in those areas that have them,and that is where the City does have a potential financial exposure that does not exist with regard to the BMPs for the stormwater as it pertains to this piece of property. I know you are totally familiar with the use and the fact that it will not be a substantial generator at all. It is a recreational use for youth in our city, indoors only. I'll be happy to answer any questions. Jeff Hodgson: Are there any question for Mr. Bourdon? Karen Kwasny: I have a question. Jeff Hodgson: Karen. Karen Kwasny: I was not here when this was originally discussed and deferred. And frankly, I don't keep all that paper for very long. Eddie Bourdon: It was recommended for approval. Karen Kwasny: It was recommended for approval. I'm sorry. Eddie Bourdon: That's okay. Karen Kwasny: So, forgive me. Has the side of the building been changed in any way or the parking? Can you clarify? Item #D5 Virginia Beach Travel Soccer Page 8 Eddie Bourdon: The building and if you could put the site plan. The building has been shifted. Before it was in this area, actually we have more open space.The parking has been reduced. We have a little bit more open space. But the building has been shifted over here where we had parking before, including parking here that would have impacted this section of floodplain right here. That's the other section of floodplain on site right here, and then that ditch. So, we moved the building and we relocated the parking away from the residences over here behind the Walmart Market Place and next to the self- storage facility. Oh, another one. And we had a little bit of setback here that now we are using for the parking. So,this is the parking and this building. Previously,the building was in this area and we had parking wrapping around and more of it in front of that we don't' have any more. Karen Kwasny: But the size hasn't hanged on the sides? Eddie Bourdon: I don't believe it has changed. Karen Kwasny: It is just the shifting of it? Eddie Bourdon: It is not a particularly large building on this piece of property. I think you can easily see that you're not using a lot of this piece of property.This is the BMP here. Open space in this area, preserve tree buffer here. The only reason why we're impacting is because of the required cross access with the Walmart, and that is the only reason why we're having to fill the ditch, because we don't have any choice. And that ditch,again, there is a problem when the body of the water in the canal overflows into that ditch. That is why by having it closer and actually working as well or better than if the ditch was still thee. This is not a natural feature that we're disturbing. It is a ditch. It was dug, maybe 100 years ago but it was a ditch that was used to drain that property at the time. That is all it is. Jeff Hodgson: Are there any other questions for Mr. Bourdon? Thank you sir. Eddie Bourdon: Thank you. Jeff Hodgson: We will close the public hearing and open it up for discussion. Jan Rucinski: Is there anybody still here from Traffic that might be able to answer some of Linda's concerns about the traffic? No? Jimmy McNamara: I don't think we have anyone here from Traffic. There is no one here from Traffic at the moment. Jeff Hodgson: Karen. Karen Kwasny: I had concerns about this when I was here for it in December and wasn't able to voice any of them. But I think some of the things that have been done on the site are positive moves. So,for instance, we have a slightly larger open space and the parking has been moved to the back adjacent to Walmart so that cross traffic can move in that direction. So, it is a much better layout. I think. I also think that this is going to be another one of those cases where believe it or not,you're putting something in. The stormwater management has be managed on the site now,and so maybe your actually a dressing a problem you might not on the side addressed where it we are talking about runoff Item #D5 Virginia Beach Travel Soccer Page 9 an issues with water and relations to stormwater management. So it is another one of those cases where this may provide benefit to some of the area where you're containing onsite. So, I'm having less of an issue than I did originally because I think that and Eddie, this might have been a question that I should have asked you because I think the use of this site also is less impactful than a lot of these other ideas. Frankly,even a tattoo parlor where people are going to tattoos parlors, bars, restaurants, sometimes they don't go there to get a tattoo. They go there to hang with the people who are getting tattoos. So, and you have constant traffic. So, this has some very specific stipulations on time frame usage that I think, are much more friendly to the traffic in the area. Eddie Bourdon:There is no doubt about that Ms. Kwasny. The use of that property for indoor facility only is a practice facility. It is essentially winter, weekends and evenings, and it would be a bad weather spells during good weather months. But if the weather is good, it is not even being used. Beach FC has an office there so they will have one or two people there, not even every day of the week. But they will have someone doing scheduling or whatever they may be doing there. But compare to almost any commercial use that can be built on this property by-right, you're going to have less traffic. There will be a fair amount of traffic on a Saturday and Sunday during bad weather months, but Saturdays and Sundays are not peak traffic days. That doesn't mean thee won' be a lot of traffic on Buckner Boulevard on Saturday games. You go two teams, two games, four teams. When that transfers over, you will have people leaving and people coming. But that is the extent of it. And traffic said it last they were here. From a traffic standpoint, it doesn't create problems on this road that just like any use of the property by-right would. Jeff Hodgson: Mr. Wall. Jack Wall: Concerning the floodplain variance. It is minor impact to floodplain, which is mitigated by providing additional storage,flood storage on the property. And, variances that due to the hardship created by the site,the access and the cross access. Concerning the Conditional Use Permit, I do like this new site layout. I think it is going to preserve more of a buffer between residential, and the site and I think it is a relatively low intensity use for the site, so I Think it is a good use fort the property, and I think the recreational facility for the community is definitely a good thing. I definitely support it. Jeff Hodgson: Do I hear a motion following this? Dave Redmond: I agree with it. Jeff Hodgson: A motion made by Commissioner Wall and second by Commissioner Redmond. Mr. Ripley? Ronald Ripley: I will be voting but I noticed that the applicant mentioned that he is looking three or four lenders and Towne Bank is one of them listed. I don't know the applicant and I have no interest in the application, and I'm a member of the Towne Bank board in Chesapeake. I've been advised that since the Planning Commission has no final decisions, but only recommendations that unless Towne Bank is the applicant, I have no conflict, so I will be voting. Jeff Hodgson: Thanks for pointing it out. Is there anybody else? Mr. Redmond? Item #05 Virginia Beach Travel Soccer Page 10 Dave Redmond: Mr. chairman, I should note that the company signed and I don't know which one she is talking and don't know where the property is so I can't imagine that would impact me, so I will be voting as well. We are all very cognizant of those things as well but I don't what property she is talking about so that obvious can't affect my vote. Jeff Hodgson: Thanks for addressing that. Is there anybody else? Mr. Weeden. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 11-0, the Commission has approved Virginia Beach Travel Soccer. Jeff Hodgson: Is there any other business? If not, on behalf of my fellow Commissioners, I would like to thank everyone for attending the meeting today, the Planning Director's staff for all of their hard work. The meeting is adjourned. , ...... \ ...- N ,... I CO N \ - \ ,o 1 ......„ , \ -----,. ----....P-1 41 --c----. — , •-,_) . C) N5I / / e-----,... - •, 1/00--,-, •, D. 0 0 _s--- ----\\ N 0 0 CO ,...-:. -4 -0 ( /„/C7 -ritip, .., 0 ... ..._,... .,, 2,11, f -----_," 411, . . . I D MI C , - - -'-- C:3 °CD \ c:). GOODOED 0 -,ftItt,, ,, , . ial �4G wHay,, Y04 'g, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LEONARD ALUMINMUM BUILDINGS, INC. [Applicant] FAYE W. FORBES, ET. AL. [Owners] Conditional Use Permit for Motor Vehicle Sales and Rental and Bulk Storage Yard. 980 South Military Highway (GPIN 1456132135). COUNCIL DISTRICT—CENTERVILLE MEETING DATE: June 7, 2016 • Background: The applicant has operated on the existing site since 1999. They request a Conditional Use Permit for Motor Vehicle Sales and Rental in order to display and sell truck trailers onsite. Additionally, they request a Conditional Use Permit for a Bulk Storage Yard to store wooden sheds in the rear of their property. The applicant previously submitted an application that was indefinitely deferred by the Planning Commission on February 9, 2000. • Considerations: The submitted site layout depicts substantial improvements to the existing condition of the property, all of which will vastly enhance the appearance of the subject site. Improvements include designated display areas of goods for sale; installation of landscaping and fencing; and the installation of properly screened bulk storage yard in the rear of the property. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached staff report. Staff was not made aware of any opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. Except as modified by any of the conditions below, the site shall be developed substantially in conformance as shown on submitted site layout entitled, "CONDITIONAL USE EXHIBIT LEONARD BUILDINGS & TRUCK ACCESSORIES VIRGINIA BEACH, VIRGINIA," prepared by WPL Landscape Architects, Land Surveyors, Civil Engineers, dated February 25, 2016. Said plan has been exhibited to the Virginia Beach City Council and is on file at the Planning Department. 2. A Landscape Plan shall be submitted during the site plan review process reflective of the plant material depicted on submitted site layout plan Leonard Aluminum Buildings, Inc. Page 2 of 3 referenced in Condition 1 above. In addition, the Landscape Plan shall include the required Category IV and Category VI screening as depicted on the site layout, street frontage landscaping along South Military Highway and Providence Road, interior parking lot landscaping, and the required screening for the dumpster. Final site plan approval shall not be issued until said Landscape Plan is approved by the Planning Department. 3. A solid fence no less than six (6) feet in height shall enclose the perimeter of the "Bulk Storage Area." A landscape buffer no less than six (6) feet in width with Category VI plant material shall be installed along the northern, eastern and southern boundaries of the "Bulk Storage Area." 4. A solid fence no less than six (6) feet in height shall be installed around the existing dumpster. 5. The existing parking lot shall be restriped to clearly delineate the parking spaces. In addition, handicap parking spaces shall be installed and shall comply with the requirements of the American's with Disabilities Act (ADA) with regard to the size and marking. 6. Trailers shall only be displayed within the"Trailer Display Area," as depicted on the site layout referenced in Condition 1 above. Trailers shall only be displayed in a single-file arrangement. No double-stacking of trailers shall occur. 7. Sheds shall only be displayed within the "Shed Display Area" as depicted on the site layout referenced in Condition 1 above. Sheds shall not be displayed within the 35-foot setback adjacent to Providence Road. A 15- foot landscape buffer with Category IV plant material shall be installed on the property line adjacent to the "Shed Display Area" and the adjacent Apartment District, as depicted on the plan. 8. The "Bulk Storage Area" shall be used only for the storage of equipment for sale. 9. Gravel or an all-weather surface, as approved by the Planning Department, shall be installed in the "Bulk Storage Area." 10. All on-site signage shall meet the requirements of the City Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of all signage. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Leonard Aluminum Buildings, Inc. Page 3of3 Recommended Action: Staff recommend a o Pla 'ng Commission recommends approval. Submitting Dep- - • .ency: Planning Department City Manager: Applicant Leonard Aluminum Buildings, Inc. Agenda Item Property Owner Faye W. Forbes, et. al. Public Hearing April 13, 201614 i City Council Election District Centerville Virginia Beach Requests Sherry Are nue — or ii Conditional Use Permit(Motor Vehicle Sales "+,,.,e = t"`°°"R°, ` E i it and Rental and Bulk Storage Yard) s�' °D - -.c �Pa` "" °1. # c e` .4 i Staff Planner ; p Jimmy McNamara '°"°^°"R°� E r 4 8 e°u R Location „m,h" —.o oh,p,„„ e.k�Ho,y 2 a 980 South Military Highway GPIN P <<°"°' fh°'weJi� v 14561321350000 _. I � o Site Size City of +� I ` k o 1.349 acresChesapeake $ E AICUZ 1wwmY Less than 65 dB DNL Existing Land Use and Zoning District Accessory building and trailer sales/B-2 Community Business Surrounding Land Uses and Zoning Districts -1,t�G' '' ''r "4'" North .. '`� r Multi-family dwellings/Conditional A-12 ;. ; r z Apartment ; i lc South 'k ; j Providence Road • - . y Mixed-retail/B-2 Community Business r' 1' t 2 East , Multi-family dwellings/A-24 Apartment % .,t s'q 'r' West 14• -• ,• Military Highway ' . ,' - 49 .. ' ,,> ""til ..J . ` �'5 ,.�'" Auto repair, retail, nursery/B-2 Community •`' �� i' !` �� Business _ �„�=- � Leonard Aluminum Buildings, Inc. Agenda Item 14 Page 1 Background and Summary of Proposal • The applicant requests Conditional Use Permits for Motor Vehicle Sales and Rental and a Bulk Storage Yard. The subject site is zoned B-2 Community Business District and is located at the intersection of Military Highway and Providence Road. The applicant has operated on the property since 1999. • The applicant previously submitted an application for a Conditional Use Permit for Motor Vehicle Sales and Rental that was indefinitely deferred by the Planning Commission on February 9, 2000. The applicant has been in continuous operation since that time. • The site includes a 2,150 square-foot brick building and a metal building containing two service bays. An internally lit,yellow wall-mounted sign is located on the west facing facade of the brick building. A monument sign is located adjacent to Military Highway. • An asphalt parking lot in front of the buildings is currently used as a display area for truck trailers and bed covers,wooden sheds, metal buildings,wooden dog houses and wooden gazebos. • An unimproved storage yard, located in the rear of the site, is currently used as a display and storage area for wooden sheds and metal buildings. • The submitted site layout depicts two "Trailer Display Areas" located on the front of the property. A separate "Shed Display Area," is located on the northern portion of the property. Interior landscaping is shown on the plan within the display areas. As required by the Zoning Ordinance, a 15-foot landscape buffer with Category IV plant material is depicted providing screening from the proposed "Shed Display Area"for the adjacent A-12 Apartment District. • The applicant proposes to add gravel to the"Bulk Storage Area," located behind the existing buildings. The plan depicts the required Category VI screening, including a six-foot high fence and a six-foot wide landscape buffer with plant material that will completely enclose the area. The main access to the yard will be from a 20-foot gated drive to the north of the existing building. • As required by the Zoning Ordinance,street frontage landscaping is depicted along both Providence Road and South Military Highway. A six-foot high fence will be installed to provide screening around the existing dumpster. Leonard Aluminum Buildings, Inc. Agenda Item 14 Page 2 / / Zoning History / # Request / •12 1 CUP(Automobile Sales and Rental) Indefinitely Deferred 8-2 r / A-24 02/09/2000 CUP(Automobile Repair Garage)Approved 10/17/1995 47 .;' e 2 CUP(Single Room Occupancy Facility)Approved a'2° ‘'°4 w 02/27/2007 4. / 1 B B-2 CRZ(B-2 to Conditional A-12)Approved 02/27/2007 r -; CUP(Indoor Recreational Facility)Approved 06/13/2000 1 7, �' 3 CUP(Outdoor Recreational Facility)Approved �m 06/13/1995 CUP(Outdoor Recreational Facility)Approved B-2 02/11/1992 /KT 4 CUP(Auto Auctions)Approved 11/26/1996 Application Tyles CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan designates this site as Suburban Area—Suburban Focus Area 8, Military Highway Corridor. The Military Highway Corridor is a one and one half mile corridor along Military Highway,with low to medium density residential to the west, light industrial uses to the east,the Elizabeth River to the north and the City of Chesapeake to the south. The general pattern of land uses along this corridor has remained unchanged for decades. Recommendations for the corridor include replacing industrial uses with compatible uses such as medium density residential, office, hotel and institutional uses. Land use changes adjacent to existing stable neighborhoods must be compatible uses,and employ appropriate buffering. Access points should be limited along Military Highway and new and redeveloped uses should improve the aesthetics of this corridor through high quality building design,signage and landscaping(p. 3-24). Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay watershed. The site is completely developed with two, one-story buildings and associated paved parking area. There do not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Streette ' eu MilitaryHighway 30360 ADT' 26,300 ADT'(LOS°"C") g y , 48,200 ADT 1(LOS°"E") Existing Land Use 2-1,285 ADT Providence Road 19 085 ADT 1 14,800 ADT'(LOS 4"C") Proposed Land Use 3-151 ADT 27,400 ADT 1(LOS 4"E") lAverage Daily Trips 2 as defined by specialty Sas defined by trailer sales 4 LOS=Level of Service retail center Leonard Aluminum Buildings, Inc. Agenda Item 14 Page 3 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Military Highway in the vicinity of this application is considered a six-lane major urban arterial. The MTP proposes a divided facility within a 150-foot right-of-way. No CIP projects are slated for this area. Providence Road in the vicinity of this application is considered a four-lane minor urban arterial. The MTP proposes a divided facility within a 125-foot right-of-way. A CIP project is slated for this area (CIP#2.042000). Improvements will include, but not limited to,signal improvements and road and pedestrian improvements at the intersection of Providence Road and Indian River Road. Public Utility Impacts Water This site is connected to City water via an existing 1.5-inch water meter(City ID#95022000). Sewer This site is connected to public sanitary sewer via a private pump and force main. Evaluation and Recommendation While these Conditional Use Permit requests for Motor Vehicle Sales and Rental,and a Bulk Storage Yard utilizing Military Highway and Providence Road frontage as trailer display area is not consistent with the recommendations for the Military Highway Corridor or the Suburban Area Development Guidelines,the site has been operating in this capacity for many years and the operator desires to comply with the zoning requirements. Recommendations for the Military Highway Corridor seek to replace industrial uses with uses such as medium density residential,office, hotel, institutional uses,and land uses that are compatible with the adjacent stable neighborhoods and employ appropriate buffering to improve the aesthetics of the corridor. Due to the relatively small size of the site,the topography and market challenges, Staff recognizes the difficulty in redeveloping the site into a more compatible use. Although not consistent with the Military Highway Corridor or the Suburban Area Development Guidelines,the submitted site layout depicts substantial improvements to the existing conditions that will vastly enhance the subject site. The installation of a landscape buffer and fencing will provide sufficient screening of the storage area from the adjacent rights-of-way and multi-family dwellings. The relocation of the equipment and merchandise for sale into the designated "Trailer Display Areas"and "Shed Display Area"will limit the number of trailers and sheds that can be displayed adjacent to the rights-of-way and will improve the aesthetics, layout and circulation of the site. The installation of street frontage and interior landscaping will also provide a marketable upgrade to a highly visible intersection. Based on the findings above,Staff recommends approval of this request subject to the conditions below. Leonard Aluminum Buildings, Inc. Agenda Item 14 Page 4 Recommended Conditions 1. Except as modified by any of the conditions below,the site shall be developed substantially in conformance as shown on submitted site layout entitled, "CONDITIONAL USE EXHIBIT LEONARD BUILDINGS&TRUCK ACCESSORIES VIRGINIA BEACH,VIRGINIA," prepared by WPL Landscape Architects, Land Surveyors,Civil Engineers,dated February 25, 2016. Said plan has been exhibited to the Virginia Beach City Council and is on file at the Planning Department. 2. A Landscape Plan shall be submitted during the site plan review process reflective of the plant material depicted on submitted site layout plan referenced in Condition 1 above. In addition,the Landscape Plan shall include the required Category IV and Category VI screening as depicted on the site layout,street frontage landscaping along South Military Highway and Providence Road, interior parking lot landscaping,and the required screening for the dumpster. Final site plan approval shall not be issued until said Landscape Plan is approved by the Planning Department. 3. A solid fence no less than six(6)feet in height shall enclose the perimeter of the"Bulk Storage Area." A landscape buffer no less than six(6)feet in width with Category VI plant material shall be installed along the northern,eastern and southern boundaries of the"Bulk Storage Area." 4. A solid fence no less than six(6)feet in height shall be installed around the existing dumpster. 5. The existing parking lot shall be restriped to clearly delineate the parking spaces. In addition, handicap parking spaces shall be installed and shall comply with the requirements of the American's with Disabilities Act(ADA) with regard to the size and marking. 6. Trailers shall only be displayed within the"Trailer Display Area," as depicted on the site layout referenced in Condition 1 above. Trailers shall only be displayed in a single-file arrangement. No double-stacking of trailers shall occur. 7. Sheds shall only be displayed within the"Shed Display Area" as depicted on the site layout referenced in Condition 1 above. Sheds shall not be displayed within the 35-foot setback adjacent to Providence Road. A 15- foot landscape buffer with Category IV plant material shall be installed on the property line adjacent to the "Shed Display Area" and the adjacent Apartment District,as depicted on the plan. 8. The "Bulk Storage Area"shall be used only for the storage of equipment for sale. 9. Gravel or an all-weather surface, as approved by the Planning Department,shall be installed in the"Bulk Storage Area." 10. All on-site signage shall meet the requirements of the City Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of all signage. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code,including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Leonard Aluminum Buildings, Inc. Agenda Item 14 Page 5 Proposed Site Layout rkilik i e 1 E. , 4 . , i ,,.: . : „,„, 1 , , ..„ _, 5t / 1 1 :_ V-` as E' {," gkt y W' yVlkli O w: h , r 40 iii 1 .E., cene h ,3 1 , , - i __ �a h 1 I ii �"; Fee aCO >{. ,� s,' = � 7 a 1,ii.i. EtEa �3 rcncts p r/�" PN ivE "4\'�. r 1. F 7 a• '35 '</ `� I c ii c ,.4„� w p d w: a i g � a ^O P , 3 077 .R z c s r v W 9 t ail 121 Leonard Aluminum Buildings, Inc. Agenda Item 14 Page 6 Site Photos TO ODOR SHEDS MO FREE DELIVER Y • F ,s hI _ � ( 11111 dill Ell..I MEM • w gti x r. - 1111 Leonard Aluminum Buildings, Inc. Agenda Item 14 Page 7 Disclosure Statement Virginia Bcadi APPLICANT'S NAME Leonard Aluminum Buildings, Inc.t/a Leonard lsundtnts and Truck Covers 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 Exce.tion for (EDIP) _ Board of Zoning Encroachment Request Rezoning .Appeals . _ -- - ..__. Certificate of Floodplain Variance Appropriateness -._._".- Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board _ - ._- .. ____ Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR laI Y USFONLY/All ditA lutes must be-npdaiee-(.:o tii :...4 a'{irie:'to any Page 1 of 7 Planning commis-son anu City Cotocil mr.•Ung(hat petiaiui in Ihc•apphu,hcn(s) El APPLICANT NOTIrIEn OF HEARING 1 LA.I7, NO CIIANGLS AS C)i' O-.T DAT!" E. 5fZ 7/ICs M....-. REVISIONS SURF:Ili I'ED 1 '+i - __-. Leonard Aluminum Buildings, Inc. Agenda Item 14 Page 8 Disclosure Statement . r • • . Virginia Nadi n Check here if the AP_PLICANT_1S_NQT a corporation, partnership, firm, business,or other unincorporated organization. UCheck here if the APPLICANT /5.a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_:..___.." _ Aluminum Build'rngS 1- femhiu,r,, It an LLC, list all member's names: ufi I1h3 s ll >Q 41�dile?I.I..0 I..at •Vaisce% — ClAetirr»ct» 3oAn Stack -Coo bavict oiN a,Q- Geo 1-inal ij I, m llo-h-Ste-rt+arty k�vucR StYohl-- GFo If a CORPORATION,list the the names of all officers, directors, members, trustees, etc.below: (Attach list if necessary) for; 'David O'Nc'l, ('1:01 .:; r. ,•.,.. rt. St.evh1, CFOJ'. ..tat 1 „'a--T�reluur rt 'free./ 6dec3, i.r:., vac' i tttr, .C.i^, nxc.-rI-lent.-4arttet ng 11.1.-,ell,--A .e:— (8) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Applicat'+ is a. wholly ow,ntzk Subsidtarl 61. LA(48 +-blah s, LLC. 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 APpi&fint- [X] Check here If the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the PRQPERT.Y.OWlIERIS a corporation, partnership, firm, business,or other unincorporated organization,AND THEN,complete the following. Faye W. Forbes and Tracy Forbes (A) List the Property Owner's name:.._.._ If an I I.C,list the member's names: Page 2 of 7 Leonard Aluminum Buildings, Inc. Agenda Item 14 Page 9 Disclosure Statement • • • • - Virginia Beach If a Corporation, list the names ofall officers,directors, members,trustees, etc. below: (Attach list if necessary) (R) 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 6 2.23101. 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 Proger_iy. If the answer to any item is YES, please identify the firm or individual providing the service: II- I HE: OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SEC IION SEPERATELY Page 3 of 7 Leonard Aluminum Buildings, Inc. Agenda Item 14 Page 10 Disclosure Statement • . . ., , . . , . . . • . • • . . ' . . • N. g f‘ APPLICANT Virginia Beach -------- - [YES] LNO] I SERVICE ---1 1 PROVIDER(use additional sheets if I Accounting and/or preparer of i Dixoh IAL45‘12.s • (loccivnah L---/ your tax return N1 , - - • --- Architect/landscape Architect/ WPL, Landscape Architecture, Land Planner Laud SarycyLtig, ' I vii Engtti.cling , Contract Purchaser Of Oth.e.r than LAUB 14olen5s Li...C- FIi- ,... „„,,,,,,,....identify purchaser I and purchaser's service providers _.._ -- ----- , Any other pending or proposed Cl 1->—‹ purchaser of the subject property (identity purchaser(s)and purchaser's service providers) -- V\444.1tate; fmera, •-•-- Construction Contractors [A 11 Engineers/Surveyors/Agents WPL, Landscape Art-lecture Land .nrcj.ifing, Civil 7ngincerIlip, Financing(include current 1 I 15-1‹ mortgage holders and lenders selected or being considered to provide financing for acquisition I or construction of the property) N F1 "•-"— Legal Services John W.Richardson/Kautiati&Call() 'u Real p P•(:•Tteal T.stateifrokers/ Li Ll 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 1 r. an interest in the subject land or any proposed development 1 contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Leonard Aluminum Buildings, Inc. Agenda Item 14 Page 11 • Disclosure Statement • Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement forth 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. �(�zo; IO JL, f / David O'Neal,Vice President P3hE, A PLICANt'S SIGNATURE PKIN I NAME DA E Page S of 7 Leonard Aluminum Buildings, Inc. Agenda Item 14 Page 12 Disclosure Statement • OWNER Virginia Beach YES i NO SERVICE PROVIDER(use additional sheets if needed) ® El Accounting and/or preparer of }r' � -,y+�" -,"' your tax return 0-P U • ® Architect/Landscape Architect/ Land Planner • © Contract Purchaser(if other than the Aeelicant)-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) O © Construction Contractors • ® Engineers/Surveyors/Agents Financing(include current t i Ei�J mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers/ n ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 • Leonard Aluminum Buildings, Inc. Agenda Item 14 Page 13 Disclosure Statement c^ud Virginia Beach J CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting. or meeting of any public body or committee in connection with this Application. )1', Faye W.Forbes 3-36-!b PROPEkTY OWNER'S SIGNATURE PRINT NAME DATE () Tracy Forbes Date Page 7 of 7 Leonard Aluminum Buildings, Inc. Agenda Item 14 Page 14 Item#14 Leonard Aluminum Buildings, Inc. Conditional Use Permits 980 South Military Highway District 1 Centerville April 13, 2016 CONSENT An application of Leonard Aluminum Buildings, Inc.for a Conditional Use Permits(Motor Vehicle Sales and Rental& Bulk Storage Yard)on property located at 980 South Military Highway, District 1, Centerville. GPIN: 1456-13-2135-0000. CONDITIONS 1. Except as modified by any of the conditions below,the site shall be developed substantially in conformance as shown on submitted site layout entitled, "CONDITIONAL USE EXHIBIT LEONARD BUILDINGS&TRUCK ACCESSORIES VIRGINIA BEACH,VIRGINIA," prepared by WPL Landscape Architects, Land Surveyors, Civil Engineers, dated February 25,2016. Said plan has been exhibited to the Virginia Beach City Council and is on file at the Planning Department. 2. A Landscape Plan shall be submitted during the site plan review process reflective of the plant material depicted on submitted site layout plan referenced in Condition 1 above. In addition,the Landscape Plan shall include the required Category IV and Category VI screening as depicted on the site layout,street frontage landscaping along South Military Highway and Providence Road, interior parking lot landscaping,and the required screening for the dumpster. Final site plan approval shall not be issued until said Landscape Plan is approved by the Planning Department. 3. A solid fence no less than six(6)feet in height shall enclose the perimeter of the"Bulk Storage Area." A landscape buffer no less than six(6)feet in width with Category VI plant material shall be installed along the northern,eastern and southern boundaries of the"Bulk Storage Area." 4. A solid fence no less than six(6)feet in height shall be installed around the existing dumpster. 5. The existing parking lot shall be restriped to clearly delineate the parking spaces. In addition, handicap parking spaces shall be installed and shall comply with the requirements of the American's with Disabilities Act(ADA)with regard to the size and marking. 6. Trailers shall only be displayed within the"Trailer Display Area," as depicted on the site layout referenced in Condition 1 above. Trailers shall only be displayed in a single-file arrangement. No double-stacking of trailers shall occur. 7. Sheds shall only be displayed within the "Shed Display Area"as depicted on the site layout referenced in Condition 1 above. Sheds shall not be displayed within the 35-foot setback adjacent to Providence Road. A 15-foot landscape buffer with Category IV plant material shall be installed on the property line adjacent to the"Shed Display Area"and the adjacent Apartment District, as depicted on the plan. Item#14 Leonard Aluminum Buildings, Inc. Page 2 8. The "Bulk Storage Area" shall be used only for the storage of equipment for sale. 9. Gravel or an all-weather surface, as approved by the Planning Department,shall be installed in the "Bulk Storage Area." 10. All on-site signage shall meet the requirements of the City Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of all signage. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 14. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 14 for consent. John Richardson appeared before the Commission on behalf of the applicant. I : 11..\\I\l''', \I:7: \\\ \ _--- \\\ \\ \\\‘'\H:\:::. \ \\• \\\\ , "\\ \\\\\\ \\\\ MINIM ' ' \ \ \ \ \\\ ..\.\ , 0 ‘ \ \ \ • „ ‘.\\\\, \ \ \ \\.\\ * . .e. . . ...• ..\\ \\\,,,,..„ .-- 4641/4 / •1r \\\'\'' 4 14k"f 40 0.1"..\\*\ \\ 1 r‘ ',',\ • \\ v\ • \ .1 •• . \'\\\'\\ \ •• • \ \\ "\,s,\\\N \ 1si 4: r rr� 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JOSEPH J. ARZILLO [Applicant / Property Owner] Conditional Use Permit for Automobile Repair Garage. 3476 Chandler Creek Road (GPIN 1485933667). COUNCIL DISTRICT— ROSE HALL MEETING DATE: June 7, 2016 ■ Background: The applicant has purchased the subject vacant property for the purpose of constructing a new facility to expanding upon his existing auto repair business. He currently leases space at 3440 Chandler Creek Road and has operated there for the previous eight years. Services provided include custom painting, auto-body repair and vehicle restorations. The site layout for the proposed development and the building elevations depict an 11,740 square-foot, two-story building constructed using quality materials. Landscaping will be installed that conform to the recorded proffer agreement associated with the industrial park. • Considerations: This request is consistent with the Comprehensive Plan and compatible with the provisions set forth for the 65-70 dB DNL noise zone; sub-area 3. The proposed use is similar to several other Conditional Use Permits for auto related uses that have been approved in this industrial park. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached staff report. Staff was not made aware of any opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. With the exception of any modifications required by any of these conditions or by the existing recorded proffers, the site shall be developed and maintained substantially in conformance with the submitted site layout entitled "PRELIMINARY SITE PLAN OF STOCK AND CUSTOM ROSEMONT COMMERCE PARK LOT 12 ROSE HALL," dated March 2016, and prepared by Hassell and Folkes, P.C. Engineers-Surveyors- Planners. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. Joseph J. Arzillo Page 2 of 3 2. The design and materials of the building shall be substantially in adherence, with the submitted exhibit entitled "STOCK OR MODIFIED BODY WORKS 3476 CHANDLER CREEK RD VIRGINIA BEACH, VIRGINIA EXTERIOR ELEVATIONS," dated November 27, 2015, and prepared by Lemole Architects. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 3. A Landscape Plan shall be submitted during site plan review process that reflects the requirements of the Proffers recorded on July 3, 2001, between Leon T. Carrington, Sr., and Riganto, L.L.0 and the City of Virginia Beach. Said Landscaping Plan shall also reflect the plant material depicted on submitted site layout plan referenced in condition one above. 4. A Photometric Plan shall be submitted during the site plan review process to ensure that all lighting in the parking area shall be shielded and directed downward to limit the amount of overspill outside the property boundary. 5. With the exception of any modifications required by any recorded proffers, any freestanding sign shall be monument style with a brick base that matches the building, and shall be no taller than eight feet as measured from the ground to the top of the sign. 6. Any building signage shall meet the requirements of the City Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. No "box signs" shall be permitted on the building. 7. All vehicle repair shall take place inside the building. 8. No outside storage of equipment, parts, or materials shall be permitted. 9. There shall be no outside storage or display of tires. 10. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 11. There shall be no storage containers outside the building or in parking spaces. 12. All painting shall within a paint booth with the exterior doors of the building closed. A separate permit for the paint booth shall be obtained from the Building Official. Joseph J. Arzillo Page 3 of 3 • 13. The dumpster shall be enclosed with a solid vinyl fence, not less than six- feet in height, and any required screening shall be installed in accordance with Section 245(e) of the Zoning Ordinance and the City of Virginia Beach Landscaping Guide. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. cy--A Submitting De rtment/Agency: Planning Department CityManager: t __ Applicant & Property Owner Joseph J. Arzillo Agenda Item Public Hearing April 13, 2016 City Council Election District Rose Hall 5 Virginia Beach RequestL„p Q lb, Be,,,,, Sc°*m B`� o Conditional Use Permit (Automobile RepairTKA �,,;.o,�• 9 Garage) cn°»°oa,' t Staff Planner faculty Boulevard / I Y Jimm McNamara `'<ry 9°�`�4, ray y�� ,o. a4� Location 65-70 dB BBL LP ��e 49 iP�+�o0�eo a >75 dB DNL 3476 Chandler Creek Road ,4toSw,` GPIN 7O-75 dB DNL �i,,o 14859336670000 4 / ��' Site Size �, N., \%/ rik, 0.98 acres a4.' ''�P a "51.AICUZ w� / ��a 65-70 dB DNL;Sub-Area 3 / Barberry Lane Existing Land Use and Zoning District Vacant lot/1-1 Light Industrial Surrounding Land Uses and Zoning Districts -\{ " North • 44. ,','• Wooded wetlands/P-1 Preservation46* P Office warehouse/ 1-1 Light Industrial / 4 =,- ' South , - Chandler Creek Road '- ` Office warehouse/1-1 Light Industrial East -t" Q4, Chandler Creek Road r " ` Office warehouse/1-1 Light Industrial ..04'''s: West 1, � `, Undeveloped, wooded wetlands/P-1 °1N , �` ci Preservation f'0 Jac - Joseph J. Arzillo Agenda Item 5 Page 1 Background and Summary of Proposal • The subject site is part of a 33-acre conditional change of zoning request from R-5D Duplex District to Conditional I-1 Light Industrial that was approved by City Council on July 3, 2001. A set proffers were recorded that regulate building design, landscaping and signage. • The applicant has operated his auto repair business, "Stock or Modified Bodyworks," in a leased space at 3440 Chandler Creek Road for the previous eight years. Recently,the applicant purchased the subject parcel for the purpose of relocating and expanding his business • Services provided by the applicant's business include custom painting, auto body repair, and vehicle restorations. In order to relocate to the subject property, a Conditional Use Permit for an Automobile Repair Garage is required. • The proposed site layout and building elevations depict an 11,740 square-foot,two-story building with five vehicle repair bays. The exterior building materials will be brick veneer on the front facade and pre-engineered metal building panels on the sides. The building will be approximately 24 feet in height. • The proposed automobile repair garage will employ up to nine individuals and will typically operate during the hours of 8:30 a.m.to 6:00 p.m., Monday through Friday, and from 10:00 a.m.to 5:00 p.m. on Saturday. • The proposed 23 parking spaces provided onsite meet the requirements set forth in Section 203 of the Zoning Ordinance. • A landscape berm,three feet in height,within a 20-foot landscape buffer is proposed along Chandler Creek Road. Foundation landscaping is also included along the front of the building and interior landscape islands will be planted with a mix of trees and shrubs. • The site is located within the 65-70 dB DNL noise zone; Sub-Area three. According to Section 1804(c)(3) of the Zoning Ordinance, automobile repair garages are a compatible use within this area. Zoning History P-1 # Request 3 1 CUP(Bulk Storage)Approved 07/18/2006 CRZ(R-5D to Conditional I-1)Approved 07/03/2001 R-50 J CUP(Bulk Storage) Denied 10/27/1998 65.70•= /7 1-1 2 CUP(Bulk Storage)Approved 10/13/2009 / 3 CRZ(R-5D to P-1)Approved 08/10/2004 \ \ 4 CUP(Automobile Repair Garage)Approved 03/28/2006 o•,S�Bo„� ,Q 5 CUP(Automobile Repair Garage)Approved 06/12/2012 °s / Qe - CRZ(R-5D to Conditional I-1)Approved 09/22/1998 Q�'o,�f'., •<, .t' D.,`, 7�Co Reconsidered Denied 'P° Gr as 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 Joseph J.Arzillo Agenda Item 5 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan designates this area of the City as Suburban Area and contains policies to guide and protect the overall character, economic value, and aesthetic quality of the stable neighborhoods in the Suburban Area.The Plan reinforces suburban characteristics of commercial centers and other non-residential areas that make-up part of the Suburban Area.Three key planning principles have been established in the Comprehensive Plan to guard against possible threats to this stability: preserve neighborhood quality, create and protect open spaces,and connect suburban mobility.Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall development of the area.This is accomplished by having development proposals either maintain or enhance the existing neighborhood through compatibility with surroundings,quality and attractiveness of site and buildings, improved mobility,environmental responsibility, livability, buffering of residential from non-residential with respect to type,size, intensity,and relationship to the surrounding uses. (pp. 3-1 through 3-3) Natural and Cultural Resources Impacts The site is located within the Southern Rivers watershed. There do not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street.Name Present Volume Present amity , GeneratedTr. Chandler Creek Road No data available 6,200 ADT 1(LOS 4"C") Existing Land Use 2—74 ADT 9,900 ADT 1(LOS 4"E") Proposed Land Use 3-82 ADT 'Average Daily Trips 2as defined by 0.98 acres of Sas defined by a four service bay auto 4 LOS=Level of Service a typical I-1 Industrial care center District use. Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Chandler Creek Road is a two-lane cul-de-sac off of Rosemont Road that serves industrial uses. This application will neither affect nor be affected by the CIP project#2.038.000 Rosemont Road—Phase V,which will widening Rosemont Road. Public Utility Impacts Water There is an existing 10-inch City water main along Chandler Creek Road. There is an existing one-inch City water line fronting the site, but the site is currently not connected to City water. The water service line may be used,or properly abandoned and replaced. Water service must be verified and improved, if necessary,so that the new buildings will have adequate water pressure and fire protection. Sewer There is an existing 10-inch City sanitary sewer main along Chandler Creek Road. There is an existing six-inch City sanitary sewer lateral fronting the site, but the site is currently not connected. Sewer service must be verified and improved, if necessary, so that the new buildings will have adequate sanitary sewer service. Joseph J.Arzillo Agenda Item 5 Page 3 Evaluation and Recommendation The Conditional Use Permit request for an Automobile Repair Garage is generally consistent with the Comprehensive Plan's land use policies for the Suburban Area. The proposed use is consistent with several other auto related uses approved in this industrial park. Additionally,this proposal is compatible with the provisions of the Land Use Compatibility Table in Article 18,AICUZ,of the Zoning Ordinances for a site located within the 65-70 dB DNL noise zone; Sub-Area three. In Staff's view,the architectural design of the building conforms with the recorded proffered requirements. The structure will be constructed using quality materials,such as a predominantly red brick veneer with a tan brick accent features,and will be an aesthetically pleasing addition to the industrial park. Based on the considerations above,Staff recommends approval of the request subject to the following conditions. Recommended Conditions 1. With the exception of any modifications required by any of these conditions or by the existing recorded proffers, the site shall be developed and maintained substantially in conformance with the submitted site layout entitled "PRELIMINARY SITE PLAN OF STOCK AND CUSTOM ROSEMONT COMMERCE PARK LOT 12 ROSE HALL,"dated March 2016,and prepared by Hassell and Folkes, P.C. Engineers-Surveyors-Planners. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The design and materials of the building shall be substantially in adherence,with the submitted exhibit entitled "STOCK OR MODIFIED BODY WORKS 3476 CHANDLER CREEK RD VIRGINIA BEACH,VIRGINIA EXTERIOR ELEVATIONS," dated November 27, 2015,and prepared by Lemole Architects. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 3. A Landscape Plan shall be submitted during site plan review process that reflects the requirements of the Proffers recorded on July 3, 2001, between Leon T. Carrington, Sr., and Riganto, L.L.0 and the City of Virginia Beach. Said Landscaping Plan shall also reflect the plant material depicted on submitted site layout plan referenced in condition one above. 4. A Photometric Plan shall be submitted during the site plan review process to ensure that all lighting in the parking area shall be shielded and directed downward to limit the amount of overspill outside the property boundary. 5. With the exception of any modifications required by any recorded proffers, any freestanding sign shall be monument style with a brick base that matches the building, and shall be no taller than eight feet as measured from the ground to the top of the sign. 6. Any building signage shall meet the requirements of the City Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. No"box signs"shall be permitted on the building. 7. All vehicle repair shall take place inside the building. 8. No outside storage of equipment, parts,or materials shall be permitted. 9. There shall be no outside storage or display of tires. Joseph J.Arzillo Agenda Item 5 Page 4 10. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage,then such vehicles shall be stored within the building. 11. There shall be no storage containers outside the building or in parking spaces. 12. All painting shall within a paint booth with the exterior doors of the building closed. A separate permit for the paint booth shall be obtained from the Building Official. 13. The dumpster shall be enclosed with a solid vinyl fence, not less than six-feet in height, and any required screening shall be installed in accordance with Section 245(e)of the Zoning Ordinance and the City of Virginia Beach Landscaping Guide. 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. Joseph J.Arzillo Agenda Item 5 Page 5 Proposed Site Layout sounn s,is�3 is ---- 1 -4. L!,--..... _I^1, � "....^._ „'._e, , Ll lO� .W.1'0A i i a a ,,?;" % 3 NNVd 3O213WW03 iooz-zss-ooe- Iv saigrin r.n J 1NOIN3SON A I ,,,Ialt NYld 311SANYNIWll321d woisnDONWWools 'LI A'9, h wl retij rc m w LL O a a --4--• •H N W �� Ws, Kw VWj N a w q G w < S uOr. zzwz� $ mmziza W= yaa.a c a y is w' h a w o . .00 m e as a. cc?. H83 4 a€ 1, I w 1l ' __ ,' , � • ® +' 411* .4 4 �`t.k• 1a '" 1.i F� 4 p r.,4 , •► d 138 - ti1 i , _ If,,N 1 / ac '11 ^ Iuj , , �It' r �I ) ti'ill ‘ I ill I If i '-* a Joseph J. Arzillo Agenda Item 5 Page 6 Proposed Elevations _ mina a SNOLLYA313 8OIN3I 3 -_. 4 e tl i3; .w s . •�av3e vwoau as x3383 a3loNVFYJ evc ' jd 1,q1 E C , i ,�„ B IOM Awe�FIIOOIIY HO)YJo18 IT-41 ¢ ¢ w J a n. 1 El I a 11 II 111: z .,i..• 6- sg.' 0 J i =MNiq •■ w` C> I. 34b O El! O �.. r0 ILI Ilei®IIli _ _ ■ 11111 11111 a up! o I o MI III O L,- pi p, oq ilirf 116 0 o r111111111111111111111111 -.. I Joseph J. Arzillo Agenda Item 5 Page 7 Site Photos 51r r ' ''' ', i l'i 'It-- 1.. '‘It4.414s,,‘14,1i.' . ''1 '1;-,4','''. ' • 1 '' ' ' . -: '41 . ii.0 st Ni: 4 . iii-, -,. - . ' ,i'l;' . . '''''l s , � , { s: Joseph J. Arzillo Agenda Item 5 Page 8 Disclosure Statement \33 Virginia Beach APPLICANT'S NAME Joseph Arzillo DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by CityProperty Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exce.tion for (EDIP) Board of Zoning Encroachment Request Rezoning A. •eats Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 • SECTION 1 / APPLICANT DISCLOSURE ORUIUONII , .. ;-.. �j, t ; .;I,m, Page 1 of 7 APPLICANT NOTIFIED OF HEARING ( NO CHANCES AS OF l LEL-. 7 REVISIONS SWIM'I IED i Joseph J.Arzillo Agenda Item 5 Page 9 Disclosure Statement 1113 Virginia Reach (XI Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Q 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 Joseph J.Arzillo Agenda Item 5 Page 10 Disclosure Statement 1\33 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 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 SO percent of the voting power of another corporation,' See State and Local Government Conflict of Interests Act,Va Code y 2.2-3101 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when to 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 there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities:there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities,'" See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Joseph J.Arzillo Agenda Item 5 Page 11 Disclosure Statement 1/13 APPLICANT Virginia Beach i YES NO SERVICE PROVIDER(useneeded)additional sheets if ] [ Accounting and/or preparer of f/\ your tax return ISI I—C Architect/Landscape Architect/ Lemole Pointon Architects j Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser { and purchaser's service providers Any other pending or proposed Epurchaser of the subject property (identify purchaser(s)and purchaser's service providers) C z Construction Contractors nn Engineers/Surveyors/Agents Hassell&Folkes,P C. Financing(include current Old Point National Bank mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nLegal Services Sykes.Bourdon,Ahern 8 Levy,P.C. Real Estate Brokers/ C1 C Agents/Realtors for current and anticipated future sales of the • subject proper SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have C 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 Joseph J.Arzillo Agenda Item 5 Page 12 Disclosure Statement Niii Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Ap Iicatio . Joseph J.Arzillo 2/01/16 PPL, N"S SIGNATURE k PRINT NAME DATE Page S of 7 Joseph J.Arzillo Agenda Item 5 Page 13 Disclosure Statement ,N OWNER Virginia Beach YES NO SERVICE ; PROVIDER(use additional sheets if needed) n (^ Accounting and/or prepare;of your tax return NiArchitect/Landscape Architect/ Lemole Pointon Architects ,\�I Land Planner Contract Purchaser(if other than • IZV the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ E purchaser of the subject property L� (identify purchasers)and purchaser's service providers) ❑ n Construction Contractors O n I Engineers/Surveyors/Agents Hassell&Folkes.P C. Financing(include current Old Point National Bank C mortgage selected orholders being consideredandlenders to provide financing for acquisition Legal Servicesor construction of the property) ❑ j Sykes,Bourdon.Ahern&Levy.P C Real Estate Brokers/ n n Agents/Realtors for current and anticipated future sales of the subject property, •-, • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Joseph J.Arzillo Agenda Item 5 Page 14 Disclosure Statement 1/B 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, VEDA meeting, or meeting of any public body or committee in connection with this Applic tion., Joseph J.Arzillo 2-01-16 P PERTY 0 NER'S SIG TUR PRINT NAME DATE 1 Page 7 of 7 Joseph J.Arzillo Agenda Item 5 Page 15 Item#5 Joseph J.Arzillo Conditional Use Permit 3476 Chandler Creek Road District 3 Rose Hall April 13, 2016 CONSENT An application of Joseph J.Arzillo for a Conditional Use Permit(Automobile Repair Garage)on property located at 3476 C handler Creek Road, District 3, Rose Hall. GPIN: 1485-93-3667-0000. CONDITIONS 1. With the exception of any modifications required by any of these conditions or by the existing recorded proffers,the site shall be developed and maintained substantially in conformance with the submitted site layout entitled "PRELIMINARY SITE PLAN OF STOCK AND CUSTOM ROSEMONT COMMERCE PARK LOT 12 ROSE HALL," dated March 2016,and prepared by Hassell and Folkes, P.C. Engineers-Surveyors-Planners. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The design and materials of the building shall be substantially in adherence,with the submitted exhibit entitled"STOCK OR MODIFIED BODY WORKS 3476 CHANDLER CREEK RD VIRGINIA BEACH, VIRGINIA EXTERIOR ELEVATIONS,"dated November 27, 2015,and prepared by Lemole Architects. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 3. A Landscape Plan shall be submitted during site plan review process that reflects the requirements of the Proffers recorded on July 3,2001, between Leon T. Carrington,Sr.,and Riganto, L.L.0 and the City of Virginia Beach. Said Landscaping Plan shall also reflect the plant material depicted on submitted site layout plan referenced in condition one above. 4. A Photometric Plan shall be submitted during the site plan review process to ensure that all lighting in the parking area shall be shielded and directed downward to limit the amount of overspill outside the property boundary. 5. With the exception of any modifications required by any recorded proffers, any freestanding sign shall be monument style with a brick base that matches the building,and shall be no taller than eight feet as measured from the ground to the top of the sign. 6. Any building signage shall meet the requirements of the City Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. No"box signs"shall be permitted on the building. 7. All vehicle repair shall take place inside the building. Item#5 Joseph J. Arzillo Page 2 8. No outside storage of equipment, parts, or materials shall be permitted. 9. There shall be no outside storage or display of tires. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 5. 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 5 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. 1 I. ,T---i- • N CP \ a 4:104K * de 111 . , . . \.....„ ,:i „.....- • -- ------ --- d I 110 RcPa - Sea -SC3 _ 1 ili.11‘ -- t 6os ,,, 0, \ .S. : P. ' • , ______Roadi ,---- ' '''' '' .,,, -1.-.: ----f :- .°C311.1. • 0 iltalin 0 ' . in 0-- , 6 , - 0 - co ,[ <‘-'' ."u 144 rd��.« H�7 f 04 i }) 7 4 ri CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BRENTON RODGERS [Applicant] ACT B PARTNERS [Property Owner] Conditional Use Permit for Tattoo Parlor. 2973 Shore Drive, Suite 108 (GPIN 1499197796). COUNCIL DISTRICT—LYNNHAVEN MEETING DATE: June 7, 2016 ■ Background: The applicant requests a Conditional Use Permit for a Tattoo Parlor to locate within an existing 1,088 square-foot unit within a strip shopping center along Shore Drive. The front portion of the unit will include an art gallery and reception area, and the rear portion will include three tattoo booths, a bathroom and storage space. • Considerations: The request is consistent with the Comprehensive Plan. There do not appear to be any other tattoo parlors or body piercing establishments within six hundred feet of the subject site. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached staff report. Staff was not made aware of any opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. A business license for the tattoo parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. 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," but rather either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. Brenton Rodgers Page 2of2 • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: St ff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: ` ►' yf\ Applicant Brenton Rodgers Agenda Item Property Owner Act B Partners Public Hearing April 13, 2016 7 City Council Election District Lynnhaven Virginia Beach Request Conditional Use Permit (Tattoo Parlor) syoe°re Staff Planner , �"_ ^ 1 7 x, Jimmy McNamara A 4= o aeJe �^�� ' CaOe McNlco" V4e�nN OdII s a Location te(a t f. wmme hdven Rand gi'2973 Shore Drive, Suite 108 amu, SaedV'^`"° P r k GPIN Eo.," ` L tynntyvt�Dnv N 3 Bteeri R°� z 14991977960000 a r BaynCourt a°,d F Cor Dolphin Road Basin Road 6'`''''' o Site Size t 1,088 square feet Broad Bay Road Island lane Inlet Road AICUZ 9d r Adam Keeling Road g End Road d Wn� Less than 65 dB DNL ,,,"' ` de V ne Iood Land Use and Existing Zoning District Mixed retail/B-2 Community Business Shore Drive Overlay Surrounding Land Uses and Zoning Districts North Shore Drive �i Mixed retail/ B-2 Community Business 4 �, . s • South �'. • Cape Henry Drive z :' a Single-family dwellings/R-10 Residential I . , _ , �� , t East , .. Sea Shell Road • IA. Ty o'`v Mixed retail/ B-2 Community Business r v # °". c'1' West a-a ; , Urchin Road ` P' 4 4" :e• '` " Duplex dwellings/R-5D Residential '' II s,, ` µr pi, • �.. a. ‘;_.110;), Ztil -. Ili Brenton Rodgers Agenda Item 7 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Use Permit for a Tattoo Parlor to locate within a 1,088 square-foot unit within a strip shopping center along Shore Drive. • The front portion of the unit will be an art gallery where local art work will be displayed and sold. A reception area and a sales desk will also be located in the front area of the unit. A wall will divide the art gallery from the tattooing area. • The tattooing area will consist of three tattoo booths, a bathroom, and storage space. • It is anticipated that up to five employees will be employed. Proposed hours of operation for tattooing will typically be 10:00 a.m.through 10:00 p.m., Monday through Saturday. In addition to the proposed hours of operation for the tattoo parlor,the art gallery will be open on Sundays from 10:00 a.m.to 6:00 p.m. • Tattooing will occur by appointment only. According to the application,customers will meet with artists for a drawing and counseling session before any tattooing is done. It is the applicant's policy that no tattooing will occur on anyone under the age of 18, regardless of parental authorization. 4. -, C eS } ,>F` .nom"... kl , ^~ t , r; \u2,_ 1 ,---'7' B-& --B-2 ; Zoning History -‘,, ' . f .Request , .v, .. ... .. , � , ,,. , ®0 f 1 CUP(Motor Vehicle Rental)Approved 04/24/2012 i"^ ---3' � CUP(AssemblyUse)Approved 01/13/2009 ,� -- -�C, \-j` 2 CUP(Open Air Market)Approved 07/07/2015 C.---' ' ci. IA--,, --" >nc CUP(Religious Use)Approved 01/11/1994 { p rtec-------- ---- - 4 Ip - `�..-. flr -.--1 .J R 0 ;� , 1 C : , 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 Brenton Rodgers Agenda Item 7 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area, in the Shore Drive Corridor, Suburban Focus Area 1. The Shore Drive Corridor is an integral part of the Bayfront Community, extending from North Independence Boulevard to First Landing State Park.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 site is located within the Chesapeake Bay Watershed. Additionally,the site is located within the FEMA Flood Zone AE,Special Flood Hazard Area. As the site is already developed with a shopping center and parking surface,there do not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name ` Present Volume Present Capacity Generated Traffic Shore Drive 35,900 ADT 1 27,300 ADT 1(LOS 4"D") Existing Land Use 2—828 ADT 31,700 ADT 1(LOS 4"E") Proposed Land Use —No change 1 Average Daily Trips 2as defined by 19,300 4 LOS=Level of Service square-foot shopping center Master Transportation Plan (MTP) and Capital Improvement Program (CIP) The shopping center has access to Urchin Road and Sea Shell Road, both of which have unsignalized intersections with Shore Drive.Sea Shell Road only has access to the eastbound lanes on Shore Drive. The 65%design plans for CIP Project #2.117.000 Shore Drive Improvements—Phase III,shows a closure of the median opening at Urchin Road. This project is still under design,with construction scheduled to begin in May 2018. Public Utility Impacts Water The site is already connected to City water. The existing 1.5-inch meter(City ID#20150024),which serves three parcels with the account assigned to parcel 14991978840000, may be used or upgraded to accommodate the proposed development. Sewer The site is already connected to City sewer. Brenton Rodgers Agenda Item 7 Page 3 Evaluation and Recommendation The Conditional Use Permit request for a Tattoo Parlor within an existing shopping center is generally consistent with the Comprehensive Plan's land use policies for the Shore Drive Corridor and the Suburban Area. There is no change to the exterior proposed with this request and minimal, if any, impact on traffic. Section 242.1 of the Zoning Ordinance states that no tattoo parlor or body piercing establishment shall be located within six hundred (600)feet of another tattoo parlor or body piercing establishment. There do not appear to be any tattoo parlors or body piercing establishments within that distance of the subject site. There is an existing box sign located above the entrance to the subject unit; however, Staff feels that either an externally lit sign, or a sign constructed of raceway-mounted channel letters with L.E.D. illumination is a higher quality and more aesthetically pleasing. As such, condition 3 is recommended. Based on the considerations above,Staff recommends approval of this request with the conditions below. Recommended Conditions 1. A business license for the tattoo parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. 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," but rather either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code,including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Brenton Rodgers Agenda Item 7 Page 4 Proposed Site Layout C)Ce S Ingress/Egress \\\__� \. _ _3\ \\ . (leo .„,,_____- ,, ''i \V \\ u .-.--'1=--A . '''\ \\ \ i ..... ...LA 1:: ' _ \\ Customer Parking 'S ,S -` \` 1 Entrance _ 1 1 1 r• ; __,, , 0 \ ,,-..,-- , _,- ,�'' t \ Site L____ Employee D �y� -- , .,,001---\- Parking kke(01 , ..........- t \ Brenton Rodgers Agenda Item 7 Page 5 Proposed Floor Layout t s 1 _____ (7-1 11 \ N - N 'n y ti 1 CO 1 / OO .,_.:4E m ( 0 - I 6 u N w Z I G --I m - ! ?m u2 O N �� W Z W Q O N JJ n 1 co N RIm O ,0 M I O z s El0 i 1 = � I 1 R RECEPTION i D v r r m 73 K s 1 _ c $ 7 5g)123.17� c`m� ? m !,.:'s\ 8Np+e `2 s P! mmo. O aim a£ 0 J O W: 7J yI ,,..........=. D mom. D � Z Brenton Rodgers Agenda Item 7 Page 6 Proposed Elevations 11/4t �.w'.:: 1 .wn 1 *,,s s.,, .,,,A , . _ _ .... fr le 1 4.0 r`M. SI ♦ * r r't`• r ji ff.. i I* r * . CD IaI*,I`IC 4 p fi1ir! CD1:1 rirreir.ftv: CD _9',Ifirv4viC 94, 14**#�`rt+ ! F I. a 'rrI I`ir I I Iii `< ef4�rf 0 fel livi 14 iirrrt 6 �'�'f'rferrti; ♦lrrr(..,t, (F(fffrrrt. ,,,fl/rr' 14, * . . 6 cv ' !" li liS rt i , , 4 , 4 ol . rims " 4 ; u rt Ag t i Brenton Rodgers Agenda Item 7 Page 7 Site Photos - it ;_z.i.z.,z....„,..,i.s..Ei:r.;: ,...it4, -•,..41.-_,..,z.. ....„...„:„.,,L.,,,,z...._. iiiiiiii, .. ._ aims. ...., _ . .. sema____,,,,_:. ___A..- Lama 1,.............100 _ea lataar r r. y '4I 1 '{ r'� �t€s ria ro . ^mss x ,t4.; t y'" Site it• . d 4 _ N` ". s Rear of Property Properties Across Shore Drive Brenton Rodgers Agenda Item 7 Page 8 ,r ia -_ `tom ',y . Properties Across Cape Henry Drive Properties Across Urchin Road Brenton Rodgers Agenda Item 7 Page 9 Disclosure Statement Virginia Beach APPLICANT'S NAME t -& '\ A` r-r DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property 1 Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness -- — - Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 ______ _—._--- ---4 SECTION 1 / APPLICANT DISCLOSURE ,,,.< , {:r„, :., , ,., , - Page l of 7 If 'C VI <,.k r. i Brenton Rodgers Agenda Item 7 Page 10 Disclosure Statement 04 4,1 Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization ❑ Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:__ If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE /&omplete Section 2 only ff proverty owner is different from Applicant. . 4 Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. rCheck 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 Tommy Kyrus-Owner names: __ Page 2 of 7 Brenton Rodgers Agenda Item 7 Page 11 Disclosure Statement ,w. 1 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 t 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 7 Brenton Rodgers Agenda Item 7 Page 12 Disclosure Statement ort,04 APPLICANT Virginia Beach 1 YES I NO ( SERVICE ; PROVIDER(use bona)sheets if • n IAccounting and/or preparer of ,ftkIrttp,04 your tax return I • ❑ t Architect/ Landscape Architect/ Land Planner I Contract Purchaser(if other than ❑ the Applicant)- identify purchaser and purchaser's service providers ` Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ Construction Contractors ❑ Engineers/Surveyors/Agents Financing(include current ❑ E mortgage holders and lenders IJ selected or being considered to provide financing for acquisition r� or construction of the property) ❑ El Legal Services Real Estate Brokers / cz 0 Agents/Realtors for current and � � anticipated future sales of the (� subject property `-1'J`5Ariivey SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 12r 0 an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Brenton Rodgers Agenda Item 7 Page 13 Disclosure Statement I„ryH Ni3 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is • complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA 'meeting, or meeting of any public body or committee in connection with this Application. bie-IA -'y\'CC:eel Lf-(> 1-2L` i -., APPLICANT'S SIGNATURE PRINT NAME LJ DATE Page 5 of 7 Brenton Rodgers Agenda Item 7 Page 14 Disclosure Statement NB OWNER Virginia Beach YESI [NO ; SERVICE PROVIDER(use additional sheets if needed) ❑ (3 Accounting and/or preparer of your tax return ❑ Efir' Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ Q the Applicant)-identify purchaser and purchaser's service providers ; Any other pending or proposed ❑ ❑r i purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ l Construction Contractors I ❑ u Engineers/Surveyors/Agents Financing(include current mortgage holders and lenders ❑ selected or being considered to provide financing for acquisition or construction of the property) ❑ E Legal Services Real Estate Brokers/ iz ❑ , Agents/Realtors for current and I /1 c /< 1'`' ��'-,/'�'' anticipated future sales of the subjectproperty 4— ....—__—.. ---4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO ;Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development Icontingent 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 Brenton Rodgers Agenda Item 7 Page 15 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 meting of any-public body or committee in connection with this •- App(t . • s. PRIN NA�� DATE/ s TU 7/ PRO' p ; c.7-, /< ,'�, , "Si <•. Page 7 of 7 Brenton Rodgers Agenda Item 7 Page 16 Item#7 Brenton Rodgers Conditional Use Permit 2973 Shore Drive,Suite 108 District 5 Lynnhaven April 13, 2016 CONSENT An application of Brenton Rodgers for a Conditional Use Permit(Tattoo Parlor)on property located at 2973 Shore Drive,Suite 108, District 5, Lynnhaven. GPIN: 1499-19-7796-0000. CONDITIONS 1. A business license for the tattoo parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. 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," but rather either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 7. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 7 for consent. [ iso-I r ,,t;,, irtAk.,„ ,,,, ,,s ___ 2,i, ,, ,z,t..e.p.;,,;" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend Section 1.5 of the Site Plan Ordinance (Section C) pertaining to the definition of a Dwelling Unit. MEETING DATE: June 7, 2016 • Background: It was recently discovered that the definition of a "dwelling unit" in the Site Plan Ordinance was not updated when the Zoning Ordinance definition was amended in January 2014 to delete the requirement that a dwelling unit can only have one kitchen. • Considerations: The proposed amendment brings the definition of a "dwelling unit" in the Site Plan Ordinance into compliance with the definition found in the City Zoning Ordinance and is recommended for approval by the staff. Further details regarding the need for the change can be found in the attached staff report. There was no opposition to the amendment. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of the amendment to the City Council. • Attachments: Staff Report Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting De! . . \ ent/Agency: Planning Department 3W----- City Manager: Applicant City of Virginia Beach Public Hearing April 13, 2016 Agenda Item Amendment to the Site Plan Ordinance — Definition of a C,'lyo� Dwelling Unit 15 Virginia Beach Requested Ordinance Amendment An Ordinance to Amend Section 1.5 of the Site Plan Ordinance (Section C) pertaining to the definition of a Dwelling Unit. Summary of Amendment It was recently discovered that the definition of a "dwelling unit" in the Site Plan Ordinance was not updated when the Zoning Ordinance definition was amended in January 2014 to delete the requirement that a dwelling unit can only have one kitchen. Current definition of"dwelling unit" in the Zoning Ordinance: A room or rooms connected together, constituting an independent housekeeping unit for a family and including permanent provisions for living, sleeping, eating, cooking, and sanitation. Current definition of"dwelling unit" in the Site Plan Ordinance: A"dwelling unit" is a room or rooms connected together, constituting an independent housekeeping unit for a family,and containing a single kitchen. The definition limiting a dwelling unit to one kitchen existed as part of the zoning regulations from the adoption of the Comprehensive Zoning Ordinance in 1973 until it was amended on January 14, 2014. In 1973,the definition was appropriate and helped prevent single family dwellings from functioning as illegal duplexes.A dwelling unit was only allowed to have one stove. This definition proved to be increasingly problematic and in modern times did not prevent multiple units within one dwelling. For example,today many are willing to have a housekeeping unit with just a refrigerator and a microwave oven. In addition, some owners of very large homes desire to have a second kitchen in a remote part of the home for convenience. Elaborate outdoor kitchens have also become popular.Virginia Beach has become more diverse and some religions require certain foods to be prepared separately resulting in requests for two kitchens within one dwelling unit. The increasing trend of working at home has resulted in some specific home occupations that rely on special types of stoves and ovens such as a specialized oven for baking various food items for sale elsewhere, a second stove or oven for use in preparing'gourmet' meals and a specialized oven for creating various forms of art. City of Virginia Beach Agenda Item 15 Page 1 In 2014, a request by a resident in the Centerville District for a second kitchen in a single family home led the District Councilperson to ask staff to evaluate the definition of a dwelling unit. Research by staff found that the vast majority of zoning ordinances both locally and nationally define "dwelling unit" in keeping with the definition of a dwelling unit provided by the International Building Code (IBC): A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. This definition provides a comprehensive description of the commonly understood characteristics of a dwelling. Staff, therefore, drafted a definition of a dwelling that was more consistent with the IBC definition.The description of a `single unit' as"a room or rooms connected together"was retained since such a description provides a means of ensuring that one dwelling unit is not divided into two units without the requisite permits in districts where such division is not allowed. Retaining the reference to a "family," helps reinforce that a dwelling unit can only be occupied by a family,as defined by the City Zoning Ordinance. The Planning Commission recommended approval of this amendment and City Council adopted the revised definition of a "dwelling unit" in 2014. Recommendation This amendment brings the definition of a "dwelling unit" in the Site Plan Ordinance into compliance with the definition found in the City Zoning Ordinance and is recommended for approval. City of Virginia Beach Agenda Item 15 Page 2 Item #15 City of Virginia Beach An Ordinance to Amend Section 1.5 of the Site Plan Ordinance (Appendix C) pertaining to definition of Dwelling Unit April 13, 2016 CONSENT An Ordinance to Amend Section 1.5 of the Site Plan Ordinance (Appendix C) pertaining to definition of Dwelling Unit. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 15. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 15 for consent. Karen Lasley appeared before the Commission. 1 AN ORDINANCE TO AMEND SECTION 1.5 2 OF THE SITE PLAN ORDINANCE 3 (APPENDIX C) PERTAINING TO THE 4 DEFINITION OF DWELLING UNIT 5 6 Section Amended: § 1.5 of the Site Plan Ordinance 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 12 OF VIRGINIA BEACH, VIRGINIA: 13 14 That Section 1.5 of the Site Plan Ordinance is hereby amended and reordained, 15 to read as follows: 16 17 Sec. 1. Definitions. 18 19 . . . . 20 21 1.5. Dwelling unit. A "dwelling unit" is a room or rooms connected together, 22 constituting an independent housekeeping unit for a family, and containing-a 23 single kitchen and including permanent provisions for living, sleeping, eating, 24 cooking and sanitation. 25 26 . . . . COMMENT This amendment will bring the definition of"dwelling unit" in the Site Plan Ordinance into compliance with the definition in the City Zoning Ordinance. The amendment deletes the reference in the Site Plan Ordinance in the definition of "dwelling unit" to the requirement for a single kitchen. 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: Waif. "i t C .nnin• !-•:rtment City Attorney's Office CA13706 R-1 March 15, 2016 NUBS CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend Section 203 (b) (5) and Section 204 (d) of the City Zoning Ordinance pertaining to Illumination onto Adjacent Parcels. MEETING DATE: June 7, 2016 • Background: The amendment pertains to the illumination of parking areas and loading areas. Currently, the Zoning Ordinance requires that such illumination must be shielded from any adjacent premises in residential, apartment or hotel districts. Virginia Beach has an increasing number of mixed use districts such as ORD—Oceanfront Resort District, B-4K— Historic Kempsville Area Mixed Use District and the CBC— Central Business Core District where residential and hotel uses are permitted, but the districts are not technically residential, apartment or hotel districts. The amendments clarify that lighting found in parking and loading areas must be shielded from any adjacent parcels where residential, apartment or hotel uses are allowed by the zoning. • Considerations: The amendments ensure that residential and hotel uses are shielded from any direct reflection of parking lot and loading area lighting, even in mixed use districts. The current code only protects adjacent properties that are specifically designated as residential, apartment or hotel districts. There was no opposition to the amendment. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council. • Attachments: Staff Report Minutes of Planning Commission Hearing Ordinance City of Virginia Beach - Illumination Page 2 of 2 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting De. .rtment/Agency: Planning Departmen City Manager: _ - � - Applicant City of Virginia Beach Agenda Item Public Hearing April 13, 2016 Amendment to the Zoning Ordinance — Illumination onto 'Ily ,1 Adjacent Parcels 16 Virginia Beach Requested Ordinance Amendment An Ordinance to Amend Section 203 (b) (5) and Section 204 (d) of the City Zoning Ordinance pertaining to Illumination onto Adjacent Parcels. Summary of Amendment These amendments pertain to the illumination of parking areas and loading areas. Currently,the Zoning Ordinance requires that such illumination must be shielded from any adjacent premises in residential, apartment or hotel districts. Virginia Beach has an increasing number of mixed use districts such as ORD—Oceanfront Resort District, B-4K—Historic Kempsville Area Mixed Use District and the CBC—Central Business Core District,where residential and hotel uses are permitted, but the districts are not technically residential, apartment or hotel districts.The amendments clarify that lighting found in parking and loading areas must be shielded from any adjacent parcels where residential,apartment or hotel uses are allowed by the zoning. Recommendation The amendments ensure that residential and hotel uses are shielded from any direct reflection of parking lot and loading area lighting, even in mixed use districts.The current code only protects adjacent properties that are specifically designated as residential, apartment or hotel districts.The amendments are recommended for approval. City of Virginia Beach Agenda Item 16 Page 1 1 AN ORDINANCE TO AMEND SECTION 203 2 (b) (5) and SECTION 204 (d) OF THE CITY 3 ZONING ORDINANCE PERTAINING TO 4 ILLUMINATION ONTO ADJACENT PARCELS 5 6 SECTIONS AMENDED: City Zoning Ordinance § 203 7 and 204 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Sections 203 and 204 of the City Zoning Ordinance are hereby amended 16 and reordained to read as follows: 17 18 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 19 ALL DISTRICTS 20 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 21 PARKING, OFF-STREET LOADING, AND CERTAIN USES 22 Sec. 203. Off-street parking requirements. 23 . . . . 24 (b) General standards. The following requirements shall apply to all off-street 25 parking spaces: 26 . . . . 27 (5) Parking surfaces shall be constructed of concrete, asphalt or other 28 suitable material approved by the Planning Director. Where parking areas 29 are illuminated, all sources of illumination shall be so shielded as to 30 prevent any direct reflection toward adjacent premises in where the zoning 31 allows residential, apartment, or hotel districts use; 32 . . . . 33 34 Sec. 204. - Off-street loading requirements. 35 . . . . 36 (d) No loading space required under the provisions of this ordinance shall be 37 in any street or alley, but shall be provided within the building or on the lot. No less than 38 half of the required number of off-street loading spaces, but in all cases at least one (1) 39 space, shall have a vertical clearance of at least fourteen (14) feet, and the balance of 40 required spaces shall have a vertical clearance of at least ten (10) feet. Each loading 41 space shall have minimum horizontal dimensions of twelve (12) by thirty-five (35) feet. 42 Each space shall be unobstructed and shall be so arranged that any using vehicle may 43 be moved without moving another. Adequate maneuvering areas and access to a street 44 shall be provided and shall have a vertical clearance of at least fourteen (14) feet. All 45 spaces shall be provided and maintained with an all weather surface. Where loading 46 areas are illuminated, all sources of illumination shall be so shielded as to prevent any 47 direct reflection toward adjacent premises in where the zoning allows residential, 48 apartment or hotel districts use. In addition, loading spaces for three (3) or more 49 vehicles shall have individual spaces marked, and except within the B-3A Pembroke 50 Central Business Core District, spaces shall be so arranged that no maneuvering 51 directly incidental to entering or leaving a loading space shall be on any public street, 52 alley or walkway. 53 . . . . 54 55 COMMENT 56 57 These two revisions will clarify that illumination onto adjacent parcels must be shielded 58 onto any adjacent parcels where residential, apartment or hotel uses are allowed. Deleted is the 59 reference to shielding illumination only on adjacent residential, apartment or hotel zoning districts. 60 Adjacent property could have residential structures and need shielding without being in the 61 residential, apartment or hotel zoning districts. 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: r , 1 Planni a Dep%rtment ip City • torn-y's iik•' e 1 CA13709 R-2 March 17, 2016 2 Item#16 City of Virginia Beach An Ordinance to Amend Section 203(b)(5)and Section 204(d) of the City Zoning Ordinance pertaining to illumination onto Adjacent Parcels. April 13, 2016 CONSENT An Ordinance to Amend Section 203 (b) (5)and Section 204(d)of the City Zoning Ordinance pertaining to Illumination onto Adjacent Parcels. These amendments pertain to the illumination of parking areas and loading areas. Currently,the Zoning Ordinance requires that such illumination must be shielded from any adjacent premises in residential, apartment or hotel districts.Virginia Beach has an increasing number of mixed use districts such as ORD —Oceanfront Resort District, B-4K—Historic Kempsville Area Mixed Use District and the CBC—Central Business Core District, where residential and hotel uses are permitted, but the districts are not technically residential, apartment or hotel districts.The amendments clarify that lighting found in parking and loading areas must be shielded from any adjacent parcels where residential, apartment or hotel uses are allowed by the zoning. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 16. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 16 for consent. Karen Lasley appeared before the Commission. L. APPOINTMENTS BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS-PLUMBING/MECHANICAL CLEAN COMMUNITY COMMISSION HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD TOWING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** 06/07/16/tc CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE:05/17/2016 PAGE: 1 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 EEENSNM I 00 T R Y S E SDSNND CITY COUNCIL'S BRIEFINGS A. MEDAC ANNUAL UPDATE Rear Admiral Mark Gremmill CITY MANAGER'S BRIEFINGS II. A. 2015 STRIVING FOR David L.Hansen, EXCELLENCE REPORT City Manager B. RESORT PARKING—Current Douglas L.Smith, Strategy/Implementation Deputy City Manager Mike Eason, Resort Administrator C. INTERIM FINANCIAL Patricia Phillips, STATEMENT Director-Finance IIUIVN/ CERTIFICATION OF CLOSED CERTIFIED 10-0 Y A Y Y Y Y Y Y Y Y Y VI SESSION VI.F MINUTES: INFORMAL/FORMAL SESSION 10-0 Y A Y Y Y Y Y Y Y Y Y April 19,2016 SPECIAL FORMAL SESSION 10-0 Y A Y Y Y Y Y Y Y Y Y April 21,2016 SPECIAL FORMAL SESSION 9-0 Y A Y Y Y Y Y Y Y Y A April26,2016 B A N INFORMAL/FORMAL SESSION 10—0 Y A Y Y Y Y Y Y Y Y Y May 3,2016 SPECIAL FORMAL SESSION 10-0 Y A Y Y Y Y Y Y Y Y Y May 10,2016 VI.G FORMAL SESSION AGENDA CONSENT AGENDA VI.H MAYOR'S PRESENTATION 1. SPCA Youth Volunteers 2. FINANCE ACCREDIDATION Taylor Adams, AWARD Purchasing Agent VII. PUBLIC HEARINGS 1. Centerville Turnpike—Phase 11 No Speakers acquisition a.Rahn A.McLawhorn property b.Terrianne C./Bernice Gilchrist property CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE:05/17/2016 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 EEENSNM I 00 T R Y S E SD S NND a. 1551/1555/1559 Michigan Ave b.1536/1540 Indiana Ave c. 1820/1822/1/24/1826/1828/ 1830/1837/1839/1841/1843/ 1848/1850/1852/1854 Ego Dr. 3. Cox Communications Cable No Speakers Franchise extension VI.J.I Resolution to EXTEND Cox Cable's ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y Franchise CONSENT VI.J.2a- VDOT: ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y 2c a.Resolution requesting additional CONSENT streets for Urban Maintenance b.Resolution requesting corrections to the Road Inventory c.Ordinance to ACCEPT/ APPROPRIATE$997,761 State funding for Roadway Maintenance VI.J.3 Ordinance to AUTHORIZE ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y acquisition of 151/1609 Centerville CONSENT Turnpike for Phase II by agreement or condemnation VI.J.4 Ordinance(1)to AUTHORIZE ADOPTED,BY 9-1 Y A Y Y Y N Y Y Y Y Y documents for Phase VI of the Town CONSENT Center project/DIRECT the City Manager to execute supporting documents VI.J.5 Ordinances re EXCESS CITY ADOPTED,BY 9-0 Y A Y Y Y Y Y B Y Y Y PROPERTY CONSENT a. 1536/1540 Indiana Avenue/ A AUTHORIZE City Manager to sell same to Cashvan Homes, LLC. b.AUTHORIZE City Manager to 9-0 Y A Y Y Y Y Y A Y Y Y sell to Bishard Homes,LLC: 1. 1551/1555/1559 Michigan Ave 2. 1820/1822/1/24/1826/1828/ i 1830/1837/1839/1841/1843/ " 1848/1850/1852/1854 Ego Dr. VI.J.6 Ordinance to ACCEPT/ ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y APPROPRIATE/TRANSFER CONSENT a.$275,938 from the Virginia Environmental Quality to Stormwater Quality Enhancements II b.Funds within the Tourism Invenstment Program Special Revenue Fund to replace/repair _ Holiday Light displays. VI.K.1 3590 Holland Road—DISTRICT 3— APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y ROSE HALL: CONDITIONED,BY a.HARDEE REALTY CORP CONSENT COZ from B-1 to B-2 b.FOLK CITY TATTOO,LLC./ HARDEE REALTY CORP CUP re Tattoo Parlor VI.K.2 5668 INDIAN RIVER RD,LLC 16 APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y CUP re car wash at 5668 Indian CONDITIONED,BY River Road DISTRICT 2- CONSENT KEMPSVILLE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE:05/17/2016 PAGE: 3 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MSU I P DN OK MMS H L W O Y L N A O O O R S 0 R E E EN SNM 100 T R Y S E SDSNND VI.K.3 CITY COZ from B-4 to P-1 at 2272 APPROVED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y Old Pungo Ferry Road for a Public CONSENT Park DISTRICT 7—PRINCESS ANNE VI.K.4 Ordinance to ADOPT the APPROVED,BY 9-1 Y A Y Y Y N Y Y Y Y Y Comprehensive Plan including CONSENT Policy Document/Technical Report/Reference Handbook/all Plans incorporated by reference 2009 Plan. VI.L. APPOINTMENTS RESCHEDULED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y BIKEWAYS and TRAILS CONSENSUS 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 Kyle Korte 10-0 Y A Y Y Y Y Y Y Y Y Y DEVELOPMENT CORPORATION Appointed unexpired term: 5/17/16-12/31/19 VI.M/N/ ADJOURNMENT 6:30 PM 0