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HomeMy WebLinkAboutAUGUST 16, 2016 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL `��a MAYOR WILLIAM D.SESSOMS,JR.,At-Large Ci s'40. C' VICE MAYOR LOUIS R.JONES,Bayside-District 4 L M BENJAMIN DAVENPORT,At Large 04 a \_ ROBERT M.DYER,Centerville-District 1 BARBARA M.HENLEY,Princess Anne District 7 U' \ :1 SHANNON DS KANE,Rose Hall District 3 JOHN D.MOSS,At Large + •�*.\ :' too AMELIA ROSS-HAMMOND,Kempsville-District 2 JOHN E.UHRIN,Beach-District 6 °. ROSEMARY WILSON,At-Large JAMES L. WOOD,Lynnhaven-District S 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- LYNDONS.REMIAS E-MAIL:Ctycncl@vbgov.com CITY CLERK RUTH HODGES FRASER,MMC 16 August 2016 MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room- 4:00 PM A. I-264 CORRIDOR STUDY Eric Stringfield, Virginia Department of Transportation B. I-264/I-64 INTERCHANGE and GREENWICH FLY OVER Salvija Hofheimer, Professional Engineer, Virginia Department of Transportation Phil Pullen, Public Works II. CITY MANAGER'S BRIEFING LAKE GASTON Thomas Leahy, Deputy City Manager Robert S. Montague Jr., Director of Public Utilities III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. 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 VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Rabbi Israel Zoberman Congregation Beth Chaverim 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 2 August 2016 INFORMAL/FORMAL SESSION G. FORMAL SESSION AGENDA CONSENT AGENDA H. MAYOR'S PRESENTATION 1. PRESENTATION OF KING NEPTUNE XLIII James K. Spore and Court David C. Burton, Chair Neptune Festival 2. RESOLUTION Green Run Little League Priscilla Beede,Founder Scott Freeman, Coach 3. UNITED WAY PRESENTATION United Way Kurt Hofelich, 2016 Campaign Chair, Judi Morgan, Director of Operations and Administration, United Way I. PUBLIC HEARINGS 1. Change the Creeds Precinct Polling Site to 691 betweenrincess Anne Road within the Red Wing and OceanaOak Grove Prec Precincts Baptist Church and change the boundary line 2. Utility Easement Sale of City Property at the Lake Gaston Pipeline 3. Excess City Property at 2908 North Lynnhaven Road J. ORDINANCES/RESOLUTIONS 1. Ordinance to ADD Section 35-169 to the City Code re Transient Occupancy Taxes 2. Ordinance to: a. AMEND City Code Section 10-1 re Polling Site for Creeds Precinct at Oak Grove b. CHANGE the boundary line between the Red Wing and Oceana Precincts 3. Ordinance to AMEND Section 2-459 of the City Code pertaining to the Human Rights Commission 4. Resolution to CHANGE the name and membership of the Open Space Advisory Committee 5. Resolution to ESTABLISH an Online Home Sharing Economy Ad Hoc Committee 6. Ordinance to AUTHORIZE a utility easement over a portion of the City's Lake Gaston Pipeline to Greensville County Water and Sewer Authority and DECLARING such easement to be in EXCESS of the City's needs. 7. Ordinance DECLARING as EXCESS City Property at 2908 North Lynnhaven Road and AUTHORIZING the City Manager to execute all disposition and exchange documents with Lynnhaven Shopping Center, LLC 8. Ordinance to AUTHORIZE a temporary encroachment into a portion of City Property known as Sand Broad Inlet, at 2805 Wood Duck Drive, District 7 - Princess Anne 9. Ordinances to ACCEPT and APPROPRIATE: a. Additional FY 2017 Grant Funds for the Community Corrections and Pretrial Programs b. Fund Balance of the Police Federal / State Seized Assets Fund for Police equipment, vehicles and construction K. PLANNING 1. TRADITIONAL CONCEPTS, LLC/VICTORY BAPTIST CHURCH OF VIRGINIA BEACH, INC. Modification of Conditions to a Conditional Use Permit re religious use, (approved December 8, 1998); and, a Conditional Change of Zoning from R-15 Residential District to Conditional R-10 Residential District at 4125 Indian River Road, re single-family dwellings. DISTRICT 7—PRINCESS ANNE RECOMMENDATIONS: STAFF INDEFINITE DEFERRAL PLANNING COMMISSION APPROVAL 2. ALDI (N.C.) LLC/THREE FIVE MINISTRIES, INC. Conditional Change of Zoning from R- 15 Residential District to Conditional B-2 Community Business District at 929 First Colonial Road re redevelopment to a grocery store DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 3. DIRECT INDEPENDENCE Conditional Change of Zoning from 0-2 Office District to Conditional B-2 Community Business District at 449, 457 and 465 Independence Boulevard re a commercial building DISTRICT 2 - KEMPSVILLE RECOMMENDATION: APPROVAL APPLICANT REQUESTS: DEFERRAL 4. MMR ASSOCIATES, LLC Conditional Change of Zoning from AG-2 Agricultural District to Conditional B-2 Community Business District at 596 Princess Anne Road re storage DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 5. TISHIA HARRISON,ROYALTY SALON/BAXTER ROAD, LLC Conditional Use Permit re a Hair Care Center at 4867 Baxter Road, Suite 103 DISTRICT 2 —KEMPSVILLE RECOMMENDATION: APPROVAL 6. CHERYL MCINTOSH /CHRISTIAN CHURCH UNITING Conditional Use Permit re a Child Care Education Center within a religious use(church) at 6049 Indian River Road DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 7. VIRGINIA GENTLEMAN FOUNDATION, INC. and CITY OF VIRGINIA BEACH for a Conditional Use Permit re Forestry at 1181 Prosperity Road. DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 8. DIVARIS CORNER, LLC Conditional Use Permit re public or private colleges and universities at West Retail Unit B, 4636 Columbus Street DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 9. CITY OF VIRGINIA BEACH: a. Ordinance to ADOPT the 2016 City of Virginia Beach Outdoors Plan as a component of the Comprehensive Plan—It's Our Future: A Choice City. b. Ordinance to AMEND Sections 1601, 1603 and 1605 of the Coastal Primary Sand Dune Zoning Ordinance pertaining to a definition of a Sand Management Permit, the fee and the placement of signs for such permit RECOMMENDATION: APPROVAL L. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY and MANAGEMENT TEAM—CSA AT RISK DOMESTIC VIOLENCE FATALITY REVIEW TEAM HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PERSONNEL BOARD TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION - VBCDC M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** 08/16/16 tc CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL G,N�4EA C MAYOR WILLIAM D.SESSOMS,JR.,At-Large �L VICE MAYOR LOUIS R.JONES,Bayside-District 4 M.BENJAMIN DAVENPORT,At Large 6 _- ROBERT M DYER,Centerville-District! U BARBARA M.HENLEY,Princess Anne District 7 SHANNON DS KANE,Rose Hall-District 3 JOHN D.MOSS,At Large ' -` '.' ?a AMELIA ROSS-HAMMOND,Kempsville-District 2 \` W srr .s HN E.UHRIN,Beach District 6 °` °°• •.t°" 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-LYNDONS.REMIAS E-MAIL:Clycncl@vbgov.com CITY CLERK- RUTH HODGES FRASER,MMC 16 August 2016 MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room- 4:00 PM A. I-264 CORRIDOR STUDY Eric Stringfield, Virginia Department of Transportation B. I-264/I-64 INTERCHANGE and GREENWICH FLY OVER Salvija Hofheimer, Professional Engineer, Virginia Department of Transportation Phil Pullen, Public Works II. CITY MANAGER'S BRIEFING LAKE GASTON Thomas Leahy, Deputy City Manager Robert S. Montague Jr., Director of Public Utilities III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. 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 VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Rabbi Israel Zoberman Congregation Beth Chaverim C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES INFORMAL/FORMAL SESSION 2 August 2016 G. FORMAL SESSION AGENDA CONSENT AGENDA H. MAYOR'S PRESENTATION 1. UNITED WAY PRESENTATION Kurt Hofelich, 2016 Campaign Chair, United Way Judi Morgan, Director of Operations and Administration, United Way I. PUBLIC HEARINGS 1. Creeds Precinct Polling Site 691 Princess Anne Road within Oak Grove Baptist Church 2. Utility Easement Sale of City Property at the Lake Gaston Pipeline 3. Excess City Property at 2908 North Lynnhaven Road �rA ae,�1 rk , PUBLIC HEARING PROPOSED ORDINANCE TO CHANGE THE POLLING LOCATION FOR THE CREEDS PRECINCT AND TO CHANGE THE BOUNDARY LINE BETWEEN THE RED WING AND OCEANA PRECINCTS The City Council of Virginia Beach,Virginia at its formal session on Tuesday, August 16, 2016 at 6:00 PM will conduct a public hearing upon an ordinance to: (i) change the polling place for the Creeds Precinct and (ii) make a boundary line change between the Red Wing and Oceana Precincts. The public hearing will be held at the City Council chambers in City Hall. If adopted, the new polling location for the Creeds Precinct would be Oak Grove Baptist Church, located at 691 Princess Anne Road. If adopted, these changes will become effective for the November 8, 2016, General and Special Elections. A copy of the aforesaid ordinance and related map(s)may be inspected in the Voter Registrar's Office,which is located at 2449 Princess Anne Road, Municipal Center, Building 14, Virginia Beach,Virginia,23456. Should you wish to comment on the proposed ordinance, the City Council allows comments upon any agenda item at the August 16 formal session.If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing Impaired,call:TDD only 711(TDD -Telephonic Device for the Deaf). Ruth Hodges Fraser,MMC City Clerk BEACON:AUGUST 7&14,2016 rye. �)..1 '04 w� C. I a '�`'�yvv.1` PUBLIC HEARING SALE OF EASEMENT OVER CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the sale of a 20'-wide utility easement to the Greensville County Water and Sewer Authority across City-owned property located in the Town of Jarratt,Greensville County,Virginia, Tuesday,August 16,2016 at 6:00 p.m., in the Council Chambers of the City Hall Building(Building#1) Municipal Center, Virginia Beach, Virginia.The property to be subject to the easement contains the Lake Gaston Pipeline and lies between Allen Road (Route 610) and Gray Street in Jarratt,Virginia. This hearing will be to obtain public input to determine whether this 20'-wide easement should be declared "excess of the City's needs." If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired, call 711 (Virginia Relay -Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, Municipal Building#2,Room 392,(757)385- 4161. Ruth Hodges Fraser,MMC City Clerk BEACON:JULY 31,2016 r*,,:. ..'77"6, .177 r'' ;.x , t'l '''\:\;:. wv� j PUBLIC HEARING EXCHANGE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and exchange of City- owned property, Tuesday, August 16, 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. Approximately 2,334 sq. ft./0.054 ac.of City Property (G P I N: 1497-36-3144), located at 2908 North Lynnhaven Road The purpose of this hearing will be to obtain public input to determine whether the property should be declared in excess of the City's needs and conveyed to Lynnhaven Shopping Center,LLC. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired, call 711 (Virginia Relay -Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, Building#2, Room 392, at the Virginia Beach Municipal Center.The Real Estate Office telephone number is (7 385-4161. Ruth Hodg r,MMC City Clerk BEACON:August 7,2016 J. ORDINANCES/RESOLUTIONS 1. Ordinance to ADD Section 35-169 to the City Code re Transient Occupancy Taxes 2. Ordinance to: a. AMEND City Code Section 10-1 re Polling Site for Creeds Precinct at Oak Grove b. CHANGE the boundary line between the Red Wing and Oceana Precincts 3. Ordinance to AMEND Section 2-459 of the City Code pertaining to the Human Rights Commission 4. Resolution to CHANGE the name and membership of the Open Space Advisory Committee 5. Resolution to ESTABLISH an Online Home Sharing Economy Ad Hoc Committee 6. Ordinance to AUTHORIZE a utility easement over a portion of the City's Lake Gaston Pipeline to Greensville County Water and Sewer Authority and DECLARING such easement to be in EXCESS of the City's needs. 7. Ordinance DECLARING as EXCESS City Property at 2908 North Lynnhaven Road and AUTHORIZING the City Manager to execute all disposition and exchange documents with Lynnhaven Shopping Center, LLC 8. Ordinance to AUTHORIZE a temporary encroachment into a portion of City Property known as Sand Broad Inlet, at 2805 Wood Duck Drive, District 7 - Princess Anne 9. Ordinances to ACCEPT and APPROPRIATE: a. Additional FY 2017 Grant Funds for the Community Corrections and Pretrial Programs b. Fund Balance of the Police Federal/ State Seized Assets Fund for Police equipment, vehicles and construction iJ r ' [ .,,,;zi-Fr,,,,, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Add Section 35-169 to the City Code Regarding Transient Occupancy Taxes MEETING DATE: August 16, 2016 • Background: The transient occupancy tax is paid by any person renting lodging within the City for a period of less than ninety (90) consecutive days. Although the person renting the lodging is responsible for paying the tax, the person or entity offering the lodging acts as a trustee of the City in collecting the tax and remitting it to the City. On the 20th of each month, the trustee must submit a report and remit the taxes collected during the preceding month. Because of this manner of collection, the transient occupancy tax is one of a subset of taxes referred to as "trustee taxes." Many lodging providers that collect transient occupancy taxes are also required to obtain a business license. For example, all hotels, motels, lodging houses and bed and breakfast establishments must obtain a business license annually. In the ordinary course of his duties, the Commissioner of the Revenue registers businesses that collect transient occupancy taxes at the time those businesses obtain their business licenses. However, many property owners now offer their property for short term lodging using online peer to peer platforms. These property owners are exempted by state law from the requirement of obtaining a business license but nonetheless must collect and remit transient occupancy taxes. Because these property owners are not required to obtain business licenses, many of them are not registered with the Commissioner of the Revenue. • Considerations: The attached ordinance requires all lodging places subject to the transient occupancy tax to register with the Commissioner of the Revenue for purposes of collecting, reporting, and remitting such tax. Those businesses that are currently registered as part of the business license process would not be required to re- register, so this requirement should not present an increased burden upon those businesses currently engaging in offering lodging to transients that have a business license. For those lodging places that fail to register, the ordinance imposes a requirement to obtain a bond in the amount of $1,000. The bond will provide security to the City should the lodging place fail to perform its lawful obligation to collect and remit transient occupancy taxes. If the lodging place fails to obtain a bond, as required, the ordinance provides a penal fine of$1,000. • Public Information: Public information will be provided through the normal Council agenda process. This concept was discussed at the Council's Informal Session briefing on August 2, 2016. • Attachments: Ordinance Requested by the City Council REQUESTED BY THE CITY COUNCIL 1 AN ORDINANCE TO ADD SECTION 35-169 TO THE 2 CITY CODE REGARDING TRANSIENT OCCUPANCY 3 TAXES 4 5 SECTION ADDED: § 35-169 6 7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 8 VIRGINIA BEACH, VIRGINIA: 9 10 1. That Section 35-169 is added to the Code of the City of Virginia Beach, Virginia, 11 to read as follows: 12 13 Section 35-169. Registration of a lodging place or other place offering lodging to 14 transients; bond; enforcement thereon. 15 16 (a) A lodging place or other place offering lodging for transients shall within 30 days of 17 holding itself out as offering lodging for transients register with the commissioner of 18 the revenue to allow the remittance of transient occupancy taxes as provided in this 19 article. For lodging places that are registered for remittance of transient occupancy 20 taxes with the commissioner of the revenue through the business license application 21 process, there is no separate registration requirement imposed by this section. 22 23 (b) A lodging place or other place offering lodging to transients shall post a bond with 24 corporate surety to insure faithful performance of the duties to the city as to transient 25 occupancy taxes collected and held in trust for the city upon the occurrence of either 26 of the following events: 27 28 1. The failure to register such business with the commissioner for collection and 29 remittance of transient occupancy taxes; or 30 2. The failure to remit transient occupancy taxes as required by this article. 31 32 (c) The bond, including the corporate surety thereon, required by subsection (b), shall 33 be in a form deemed satisfactory to the city attorney. The bond shall be in an 34 amount of one thousand dollars ($1,000) and shall be in force until the one-year 35 anniversary of the requirement to obtain such bond. 36 37 (d) The commissioner of the revenue may accept a cash bond or an irrevocable letter of 38 credit in lieu of the bond required by this section, provided that the letter or bond 39 must be reviewed and approved by the city attorney. 40 41 (e) A lodging place or other place offering lodging to transients that fails, after 30 days 42 of being informed of such requirement, to obtain a bond or other form of security set 43 forth in this section shall be subject to a penal fine of one thousand dollars ($1,000). 44 Such fine shall be in addition to all other remedies for failure to collect and remit 45 transient occupancy taxes provided by this article or the Code of Virginia. For 46 purposes of the 30 days set forth in this subsection, such notice is effective on the 47 date received or three business days after mailing by the commissioner of the 48 revenue, whichever is sooner. 49 50 (fj The commissioner of the revenue is empowered to take appropriate action against 51 the bond or other form of security described in this section upon notification by the 52 city treasurer of nonpayment of lodging taxes by any business required herein to 53 obtain a bond. 54 55 (q) The time periods set forth in this section may be extended by the commissioner of 56 the revenue if the commissioner of the revenue finds good cause for such extension 57 and provided such determination is set forth in writing. No such extension may 58 exceed thirty days. 59 60 2. This ordinance shall be effective immediately. To allow the orderly processing of 61 registration and communication with the various affected parties, the registration 62 requirement and the consequences for failure to register shall be suspended for the 45 63 days after adoption. 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: / • tfiici Com issioner o' t e Revenue City Attorney's Office CA13795 R-1 August 4, 2016 1 VIRGINIA BEACH CITY COUNCIL August 4 , 2016 4 : 00 p .m. INFORMAL SESSION CITY COUNCIL BRIEFING AIRBNB VERBATIM CITY COUNCIL William D. Sessoms, Jr. , Mayor At-Large Louis R. Jones , Vice-Mayor Bayside - District 4 M. Benjamin Davenport At-Large Robert M. Dyer Centerville - District 1 Barbara M. Henley Princess Anne - District 7 Shannon D. S . Kane Rose Hall - District 3 John D. Moss At-Large Amelia Ross-Hammond Kempsville - District 2 John E. Uhrin Beach - District 6 Rosemary Wilson At-Large James L. Wood Lynnhaven - District 5 CITY MANAGER: David L. Hansen CITY ATTORNEY: Mark D. Stiles CITY ASSESSOR: Jerald Banagan CITY AUDITOR: Lyndon S . Remias CITY CLERK: Ruth Hodges Fraser, MMC SARAH DEAL JENKINS, MMC DEPUTY CITY CLERK, II 2 PHIL KELLAM: It ' s great to be with you today. Thank you for this opportunity to address this issue . And I know that you all are sincerely interested in seeing the data we have today in the Resolution. Before I begin that, I just want to point out that the Transient Occupancy Tax generates $30 million a year for the City of Virginia Beach. This is a local tax. And online rental platforms facilitate the fastest growing business sector responsible for collecting this tax. And I do not, it ' s my responsibility to identify all the businesses that are out there offering rooms for rent and all the businesses that are out there in business , I do not have a practical way to discover these businesses because they are not automatically subject to a business license, as a hotel would be, as a bed and breakfast would be . But if you rent your home, there is an exception in the State Code which flows down to the City Code that says you can rent your own home without a business license, but it does not relieve you of the obligation to collect the local Transient Occupancy Tax. May I call that the TOT, just so I don' t trip over myself? Anyway, the local TOT. So, I 'd like to go to the first page, it talks - - go back to the first page -- there ' s our authority. The State Code gives us the authority to impose this tax locally, and it is about a $30 million revenue stream. The local rates , there are three factors in the local rate imposed here in Virginia Beach. It ' s essentially 8% of the room charge, plus a $1 per night fee . That will change on January 1st for a couple of years to $2 . And then the Sandbridge District to help facilitate maintenance of the beach there and the like, Sandbridge District , they have agreed to a higher rate of 9 . 5% . This tax, I thought we should take some time to just talk a little bit about how it works . Who' s required to pay this local TOT? Transients , tourists , guests, patrons, and this bill before the General Assembly last year and under study in the off season, they titled these folks "Limited Lodgers" . They' re transients . Who is required to collect this local Transient Occupancy Tax for the City of Virginia Beach? Anyone, and I mean anyone, renting lodging space for 90 consecutive days or less . So, you can see hotels, motels, bed and breakfasts , real estate, rental companies renting houses , home owners renting primary or secondary homes , apartment owners renting apartments for 90 days or less ; you' re required to collect this particular Transient Occupancy Tax. RV parks renting pads , campgrounds renting sites and the like . The law is in place . It ' s allowed by the State . There were laws in place locally. It says if you rent your home or some 3 property like that for 90 days or less, you' re subject to collecting that tax from your patron. So, who collects it and how much? Well , we 've got 116 hotel accounts, hotel and motel accounts . They' re contributing over $24 million to that $30 million amount . Eighteen real estate companies, and you can see, John, am I kind of right on the 11, 000? It ' s about 8 , 000+ at the Beach. COUNCILMAN UHRIN: Yes . PHIL KELLAM: And that number is fluid right now. I 'm standing for correction on that, but we do have 116 hotel accounts, 18 real estate companies renting over 1, 100 homes, and 7 bed and breakfasts that collect about $46 , 000 in the tax, and 63 home owners renting their houses collecting $183 , 000 . Now, there ' s a new business model , and that ' s great . Everybody loves a new business model . It makes us progress and improve, have better product . These online rental platforms provide a means for anyone, and, again, I mean, anyone, to advertise homes, apartments, condos, single rooms in homes , or shared occupancy space; let ' s bunk up and go to the beach for a short term rental . Now, Zoning does not allow you to rent a room out in your house . It ' s just not allowed. Doesn' t mean that it ' s not happening, but it ' s not something that is condoned in Virginia Beach for people to just go rent rooms out of their house like that , but that ' s another issue . I 'm going to try to stick on the revenue issue . Online rental platforms advertise properties in localities around the globe . This is international . I heard someone state , frankly, I read it the other day, that Airbnb is capitalized greater than Marriott Hotels . Now, if it was worth $50 billion, is Airbnb there? Who knows , but definitely you've got market penetration. Online, they advertise around the world. Their participation in collecting or facilitating the collection of this local - - you see, I 'm pointing out local over and over and I put it in red because it is the City' s money - - it ' s a locally imposed tax, and there ' s talk at the State that it wouldn' t be locally imposed; it would be collected perhaps at the State level and distributed out as they saw fit, unaudited and unaccounted for. Anyhow, this local tax, it ' s a pretty spotty record. In Virginia, they have ignored localities and lobbied the Governor and General Assembly members to fast track statewide legislation excluding any need to deal with localities . We reviewed two online rental platforms in the period of pretty much the 4th of July weekend and found the follow 4 accommodations available . These were just two. There are probably 15 primaries, and there are well over 100 out there that anybody could open them, up if they want . For two guests , there were 427 listings . For four guests, 366 . For eight guests , there were 152 listings . We didn' t even seek how about a four-bedroom home, how about something like that . We ' re just looking for something that would be equitable to what would be more than likely a hotel or motel or traditional Virginia Beach lodging stay. I included this next slide, put this in at the last minute, because I just wanted to give you a visual before I describe how we ' re accomplishing the compliance with this . I went to the Airbnb website this morning and said I want to go to Virginia Beach, and I said I want a room for the night of August the 2nd, tonight, for one night for two people . Boom, that ' s what I got . I got a scatter map there . It shows where they' re available, and you can see they' re not concentrated at the Oceanfront . They' re around the City. This is just the first page that ' s printed with two on it . There are 56 places for rent in Virginia Beach tonight for two people through Airbnb, which is just one of well over 10 , 15, primary platforms and hundreds others out there; 56 . If you look, in the first picture, I think it ' s in your handout, but you can see it there, it ' s a private room for two guests , walk to the beach. Here ' s another one, one mile from the beach in a duplex or a condo community, private room, two guests . So, they' re renting out rooms . They may be there . They may not be . They may be renting each room at a time . We don' t know. Why? We don' t know. They' re not registered. I don' t have a business license on them. They may not need it, but I have no way to discover, except this . Revenue investigators regularly review these online rental platforms . They go online and look at those pictures just like that for unregistered rentals, and they use Google Maps, believe it or not, to help corroborate that they' re getting the correct place to locate the properties . If we can identify a street address and narrow it down, we go to the real estate records with the City and we get the owner and we send them a letter . We send them A letter or a summons requesting them to contact our office concerning this tax. We create a local TOT account for them and assess uncollected TOT taxes, Transient Occupancy Taxes, if they' re outstanding. Property owners , if they don't respond, we issue a Statutory assessment based on available information. All of that is allowed right now and utilized in your current City Code, which requires me to go out and find people in business, find people that are responsible for collecting the Transient 5 Occupancy Tax, and issue a Statutory assessment if they won' t provide any kind of records . So, we have a website that explains this TOT, and it ' s on our City website, excuse me, and we follow up on any anonymous calls , letters, e-mails . If Gladys Kravitz lives next door, we follow up on that . Is anybody old enough to remember that? That ' s one way we ' re dealing with it . We ' re also negotiating with two companies right now that claim to have technology identifying Virginia Beach properties and owners offering short-term rentals through online platforms . Tom has been spearheading those discussions . We 've had a couple of teleconferences, and we ' re getting a lot of promises but not a lot of hard data yet . And I think Patti has been helping provide some of that information, and we ' re all kind of looking at this as an alternative to give us a little bit more robust way of discovery. I 'm working with Bob and all of the folks along the line here, and my Statewide Commissioner ' s Association is very active in this . We have a member that is on the Virginia Housing Study Commission group that is studying the State legislation that was passed by last session. And I 'm also dealing with VML, VACO, and affected neighborhoods . I 've been in touch with many folks and civic leagues and the like and they' re perplexed. They' re like, why can' t you get these guys? And I say, well, I just don' t have a natural way of discovery. I have kind of an awkward way of discovery. So, I have some recommendations, but I want to make some observations first and then I can wrap it up . These businesses represent the fastest growing sector of this local revenue source . We estimate well over 2 , 000 residential properties are being offered for short-term rental in Virginia Beach; in other words , residential properties responsible for collecting this lodging tax or TOT. Eight to nine hundred of these properties are advertised and rented through licensed real estate companies registered as trustees to collect this Transient Occupancy Tax from the client guest . So, the real estate companies are doing the deal . They' re doing the job. I don ' t have a problem with that . But then that leaves another 1, 000 , over 1 , 000, we believe, that are advertising their primary, secondary, and investment properties through online rental platforms . We 've discovered and registered 63 , and a few of those stepped forward voluntarily. Of those remaining, neither has displayed any inclination to register and collect the TOT from their guests . Airbnb and the like are just, "We ' re working with the State, we ' ll talk to you later. " We 've reached out to them over 6 pretty much a two-and-a-half-year period. Finally, I hope you know the history of property owners occasionally renting Resort homes to friends and family members and not always registering to collect the TOT on such occasional sales . Virginia Beach was a cottage beach many years ago, and people may have owned a house, lived in Norfolk, and they may have rented it to their cousin or something. And they have occasionally done it but not done it as a systematic business enterprise . Well , about 50 years ago, the real estate agents, they disrupted - - that a word these Airbnb guys and all the sharing economy likes to use, it ' s disruptive - - well, they disrupted that market and offered to handle advertising, rental cleaning, and tax collection for the property owners . So, they do now. So, why won' t online rental platforms play by the rules? I 'm being very blunt here . Why won' t they play by the rules? Are people so enamored with the fact that transactions are simply accomplished through an App on a telephone that they forget what ' s happening? Yes, they are . They forget this is a business transaction. It ' s just like going and buying a car through or buying something through the Trading Post . It ' s the same thing, and in this case it ' s subject to a pretty big revenue stream. It doesn' t have to be a big tax. It ' s not a tax on the home owner. It ' s a tax on the patron who' s coming to use their service . So, yes it is . In fact, these businesses are just applying a new method of conducting a transaction that is subject to the tax. So, I had a recommendation today that really I need some manner of discovery. You've asked me to go find businesses and find people that are subject to this tax, and I have an approach and you expect me to have this approach, I know, to be fair and equitable in the application of these rules . It ' s not possible right now. They' re growing so fast . They' re out there, and I can' t really discover them. And I don' t know that this is as much a willful act as it is just they' re going to have to catch us kind of thing. I guess that ' s willful , but I want to just get folks registered. So, I 've proposed an ordinance . I 've got a copy of it, if y' all would like, but I certainly want to work with the City Manager and keep working with the City Attorney on this and keep you advised. But I would ask that you consider it sooner than later, no matter what ' s going on at the State level , for the tax purposes . Now, at the State level , they could knock this out if they change the law next year, but I need some way to discover these guys, and this ordinance would give that . 7 Finally, provide the General Assembly delegation with some type of idea what you all would like to see, and I think over the fall as civic leagues come back into meeting schedule finally, the people are out there, and I 'm glad to go out and speak for them. I don' t want to get ahead of you folks because you are in charge , but I can report back to you later in the fall , if you like, where the angst is, where the understanding is, or not . But my association is very interested in the State level because we feel this is a local tax that there ' s an attempt to basically remove it from local administration, and so it would be a State tax, essentially, and that would be disastrous for Virginia Beach. MAYOR SESSOMS : Phil , we thank you so much for your presentation. We 've got some questions . John Uhrin? COUNCILMAN UHRIN: Thank you, Mr . Mayor. Phil , if we did pass this ordinance, how quickly do you think you would be starting that discovery and actually getting out and making a legitimate difference? PHIL KELLAM: I think this ordinance with the publicity would be effective pretty quickly. It essentially requires people, it ' s incenting people to come in and register for the tax and if they don' t they ' re going to have to post a bond for the first year . If they don' t come in and post a bond, they' re going to be fined. And in the online companies we 've dealt with that do the analysis , as well as other localities around the United States that we 've talked to, all of them in their local ordinances and in their discussions of local ordinances say there has to be something that provokes the home owner to come in, and you have to be willing to hold out a fine to them. So, we don' t want to make it punitive . We want to make it provocative to the point where they come in. That ' s why I 'm proposing the bond as something that would provoke them. COUNCILMAN UHRIN: I would suspect this business cycle, the Airbnb, is similar to what the overall lodging industry is in that we ' re in the middle of the season now, and I imagine it starts to drop off precipitously after you get past Labor Day and into the winter. So, that ' s kind of my question. Is this something that ramps up in 30 days , or is it really something you start seeing in 90? PHIL KELLAM: Perfect question. Certainly, understanding the industry, July and August are the big months . You get shoulder seasons and the like, and why wouldn' t that apply for people renting their 8 home? We are a resort town, so we go around the weather in the season, but at the same time we are becoming more and more year round. I ' ll say this, that ' s completely rational, makes perfect sense, except we don' t know how - - we don' t know what we don' t know out there . And I 've got, there was a report that just came out recently, someone at the SGA office provided it today, and it compared -- I 'm comparing that report to another company that we used about three months ago called AirDNA that did some reports, and then we have our own information, and it ' s all over the board. So, until we get them registered, it ' s kind of like until we get the horses in the barn, we don' t know how many we 've got . We 've just got to round them up . That ' s all I 'm saying. So, the sooner we begin, the better . Even if the State knocks it out or even if we miss the season, I think it ' s important . MAYOR SESSOMS: Rosemary? COUNCIL LADY WILSON: So, how when they register, how are the taxes paid? Are they going to still go - - are they going to be paid through Airbnb, or will they be paid directly to the City, or what ' s the mode being done? PHIL KELLAM: I 'm taking an approach with this ordinance and this proposal to we know Airbnb is negotiating at the State level to try to deal just with the State and avoid dealing with each locality on taxes . And they' re saying "we 'd rather deal with one than 150 or so" , and the Department of Taxation would collect it . Airbnb, basically, the patron would pay through the Airbnb website that facilitates that rental from Jane Doe ' s house, and Airbnb would submit it to the State, but it wouldn' t be subject to audit . And the localities would have no authority to look in to say, "Well , how many did you have? How many rentals? What was your rental history? " And they' d say, "None of your business . " We ' d say, "Well , they' re in direct competition with all our hotels and all our bed and breakfasts . " They say, "Too bad. They ' re an exclusive group. " So, that ' s one reason we ' re fighting it . So, under my proposal , it ' s Airbnb, they' re providing this platform out there ; that ' s fine . But the patron is coming in and renting on an Airbnb site, and they' re paying through the Airbnb site, but Airbnb pays the host, the person offering the house for rent, two days after the rental is contracted. If they' re collecting the tax at that time, they would have to pay it back to the host, the host would have to pay it to me . In other words, if Airbnb wants to pay it to me, great . I 'm sure we could work it out, but it ' s not an encumbrance for the 9 host to pay it, either . It would be best if Airbnb does because they' re scaled and they can do it . But the host is the one who is, in fact, responsible, because they' re collecting it from that patron. COUNCIL LADY WILSON: The host or the property owner? PHIL KELLAM: The property owner, exactly right . COUNCIL LADY WILSON: They' re the person that ' s in business and all the other businesses have to pay directly. PHIL KELLAM: And your existing code is very clear about who owes this tax. It says " . . .or house or anyone offering lodging shall make report every person receiving a payment for lodging, person collecting this tax. . . it shall be the duty of every person liable for collecting the payment of this tax to the City or any tax imposed during this article to keep and preserve records for five years" . That thing is thrown out the door if the existing State law gets in place . So, we ' re not talking about creating a huge business problem here . Bob can talk about the rest . There ' s not a problem there . We ' re just trying to get them to register. COUNCIL LADY WILSON: I just didn' t here it well enough for me why these folks don' t have to get a business license . PHIL KELLAM: Under the state law, again, the State allows localities to impose a business license on people offering themselves for business in the City and they create exclusions or exemptions . There are exemptions for manufacturers . There ' s an exemption for various other; that was to help economic development , traditionally, and still is . One of the exemptions is someone to rent their own property. So, if I have a piece of land or if I have a house or any real estate, I can rent that . I can own it and they all see, protect myself from liability, but I can rent my own property and whatever receipts I generate from that I don' t need a license . So, therefore, I can' t go to John Doe and say - - well , I can' t - - John Doe would normally come in to me and get a license, but he ' s not going to come in. The hotel will come in to see me . COUNCIL LADY WILSON: And just so the public is aware, we understand this is just one layer of this onion of the taxes and all . There ' s a whole lot of other problems and concerns with our neighborhoods and how this is 10 affecting our citizens when they' re able to do these . PHIL KELLAM: That ' s Bob. I 'm trying to figure the tax issues . MAYOR SESSOMS: We 've got a couple more questions . Amelia, then Barbara, then Ben. COUNCIL ROSS-HAMMOND: I was just mentioning about the man hours this is going to take for putting this through the process . PHIL KELLAM: What we ' re doing now. COUNCIL ROSS-HAMMOND: Yes, because in my neighborhood recently I saw a little brown sign "for rent" over the weekend. These are popping up. PHIL KELLAM: They' re doing that, but they' re also going online . I could rent my home and it would look just peachy keen and no problem and you wouldn' t even know it . All of a sudden, somebody pulls up and Clark Griswold and his family pull into your neighborhood for the weekend. MAYOR SESSOMS: Barbara? COUNCIL LADY HENLEY: You are already registering these . You have a process to register these short-term rentals? PHIL KELLAM: No, ma ' am, I do not . That ' S what this ordinance is seeking. COUNCIL LADY HENLEY: Okay. I thought I read it somewhere that you had a certain number registered. PHIL KELLAM: We 've picked them up through that kind of awkward method of going online and trying to match up on a map, an online map, and go to the real estate records, then mail them a notice . COUNCIL LADY HENLEY: So, what you are suggesting is that your office be the one to register these short-term rentals? PHIL KELLAM: Yes , Ma ' am. COUNCIL LADY HENLEY: And the short-term rentals as a 11 Transient Occupancy Tax is involved identify short-term rentals as 90 days? PHIL KELLAM: That ' s correct, 90 days or less . It ' s my job to find them now. I 'm telling you, it ' s my responsibility to find these guys . We ' re making an earnest effort , but we ' re using a pencil and we need something more . COUNCIL LADY HENLEY: So, in looking at some of the numbers you had along the way, we know how many hotel rooms and all , but you say the real estate companies are renting 1 , 163 homes as short-term rentals ; is that what you mean? PHIL KELLAM: That ' s correct . It could be for any period of 90 days or less . COUNCIL LADY HENLEY: It ' s real estate companies that are renting for a year or two years ' lease; these are short-term rentals . And then you ' re suggesting there are other home owners who are renting individually. PHIL KELLAM: Correct . COUNCIL LADY HENLEY: We could have a couple thousand or we could have three or four. We don' t know at this point . MAYOR SESSOMS: It looked like you had a thousand online . PHIL KELLAM: We believe there is an additional thousand or more out there . So, when everybody does revenue estimates and forecasts and applies their algorithms or formulas or whatever, it ' s moving so fast , but it ' s also we can' t say we have this many registered to collect the tax, so here ' s a core for you to start running your analysis on. We know they' re out there . We just can' t get a hold of them. I know it sounds silly, but that ' s why I put that map in there . We 've got a picture . We 've got a general idea on the map where it is . But , I mean, I 've got 27 , 000 businesses licensed, all those hotel rooms , and we 've got lots of accounts to deal with. Tom' s got four investigators . So, we could spend our time better for you guys . COUNCILMAN DAVENPORT: Thank you for this presentation, and I see here under ' e ' that there would 12 be a penal fine . Would that be levied by the host? PHIL KELLAM: It would be levied on the host , whoever. COUNCILMAN DAVENPORT: I was reading about San Francisco, California, and they had an interesting one where they levied a fine against the online rental platform, themselves, for advertising an unregistered property. PHIL KELLAM: Yes . COUNCILMAN DAVENPORT: Would that be - - PHIL KELLAM: I think we would be swinging at the moon there . The bottom line is this ; they' re a foreign corporation. They' re located in California. If they' re outside of Virginia they' re foreign. I don' t have an ability to send Tom out there to serve them, and they' re not going to appear if we do serve them. So, San Francisco had a little bit of an, it ' s a San Francisco based company, they had a little bit of an edge there . And I 'm trying to deal with it by looking at the origin of it, and the origin is the house is being rented by someone . They are responsible under the existing ordinances . I want to go after those guys . And if the State changes it on us, at least we ' ll have some kind of data or begin to have some kind of data to report . Right now, it really is so sketchy that it ' s tough to help you. MAYOR SESSOMS: Shannon? COUNCIL LADY KANE: My question was going to be, but I think I just answered it by Googling here, so as I 'm looking to book a room in Virginia Beach, there ' s obviously no taxes , no service fee, but I 'm in Miami and I 'm in other places and there is a tax; is that because their states and localities have already gone through this and they did a hodgepodge of work for - - PHIL KELLAM: No, I ' ll tell you what it is . This company is a start-up company, and they' re going around the world and they' re offering a product that a lot of people find convenient . It is convenient . Is it compliant? No. So, they might deal with one locality and it ' s a local tax. So, Miami should be collecting the tax. And they' re trying to deal with the largest sector of government they can so they have fewer people to deal with. But I ' ll leave you with this . We have plenty of people who 13 are renting, companies in Illinois , companies in California, that rent units here in Virginia Beach and multiple units here in Virginia Beach and report the lodging tax, the TOT, monthly and have been doing so for decades . So, for Airbnb to say "we don' t want to deal with 150 localities, we can deal with one" , well, sure , I mean, that ' s convenient for you, but the microcomputer kind of took care of that problem. You just program it in and it ' s done . MAYOR SESSOMS: Phil , thank you very much. We 've got another part of this one . Bob Matthias, folks . ROBERT MATTHIAS: Yes, Sir. Mr. Mayor, Members of Council, just to follow up on Phil , Airbnb actually has taken their mediation to an arbitration to Ireland, so we ' d get a road trip out of that if we tried to do that . This is the top 9 hosting platforms . I ' ll go through this very quickly. Y' all had it all weekend. You can see Airbnb is the largest up there . HomeAway is owned by Expedia . I predict there ' s going to be a lot of consolidation in the industry going forward. A host registers, advertises , host fills out the description, takes, photos, and we ' re going to show you this in a second. Hosts set the rules for who stays , and guest preferences help hosts fit the lifestyle . Some hosts offer breakfast . Others are more hands off . Some offer alcohol , for instance , which is in violation of the ABC laws . They clean the place, offer toilet paper, all that sort of thing. They' re paid by PayPal , etcetera . Listing on Airbnb is free . Airbnb, though, does take a 3% host service fee on each reservation and collects a host charge of 9% . So, they' re charging 12% on the total cost of the rental . Hosts can charge whatever they want to . We gave you this a couple of weeks ago. This is New Orleans where there were 3 , 800 listings, and Airbnb is illegal in New Orleans, but there ' s 3 , 800 listings . Late 2015 , Julia and her folks notified the City that Airbnb was working on this issue with the General Assembly. They worked on it a lot last year, just like they are this year. We met with Julia and her folks to try to get a handle on what was going on. Doug Smith was there . And Uber and Lyft have sort of come in as a disruptive economy, disruptive issue , and so they were trying to, Airbnb was saying, well, hey, we can just do more than what they did and strike while the iron is hot . They are both emerging business models . Again, you've seen all this before . Airbnb spent much of last year working on this . They didn' t give it to anybody to look 14 at until January 12th of this year. Most of the concerns expressed by the local governments, hoteliers, bed and breakfast industry, were not included in the legislation. Airbnb contends they limit legislation to primary personal residences, are helping the State and residences recoup lost revenue . They' re here to help us . Legislation did far more than the simple ascription alleged and obviously folks got upset about it . Two pieces of legislation were put in, Senator Vogel from Northern Virginia and Delegate Chris Peace, and they were amended several times . They were fought very heavily on the floor of the House and Senate, and Senator Tommy Norment said on the floor of the Senate several times , "How many of y' all have actually read this bill? " And I don' t think a lot of the Senators had, based on how they responded. And then we filed our own, lodging industry with support of local governments, filed our own legislation, and I can not say too much about Senator DeSteph. He did a great job on this . Delegate Taylor did a great job, but Bill was out there fighting every darn day on this issue for us . He learned well when he was here with y' all . Airbnb basically wanted to just interact with one jurisdiction, the Commonwealth of Virginia, rather than 140 or 150 different jurisdictions . As Phil mentioned, the data would be anonymous and given to the Virginia Department of Taxation. It would then be responsible for sending Ira to do Virginia Beach, and they also were looking at multi-family residences . There are actually buildings in Richmond, they' re hotels where they've gone in, they' re renting them over the Airbnb and other platforms . We don' t know that they have sprinkler systems that a regular hotel would have to have . Mr. Uhrin can speak to that . They' re not doing the inspections . We don' t know they don' t have bed bugs because nobody can go in there and inspect them, because often times you don' t know about where they are . Preemption of local zoning ordinances, requirement that only primary residence owners register with localities for the purposes of BPOL, but Phil has basically taken care of BPOL. Occupancy set on a formula of two persons per sleeping area plus two additional individuals; so, if you have a four-bedroom home, it ' s 2 times 4 plus 2 , so you've got 10 folks there . No limit on number of vehicles, and then Airbnb would not be responsible for anything. Local government issues, again, y'all are aware of these . Zoning Land Use, a number of localities in Virginia require that you get a conditional use permit if you want to rent your 15 home . I 'm not sure how successful that regulation is , but a number of localities do require that . Health, Safety, and Welfare, I 've been a very big proponent that the City is primarily concerned about Health, Safety, and Welfare . We want to make sure people come to Virginia Beach with their smoke alarms , their emergency exits, and we don' t end up messing up other people ' s property rights . Revenue, they were going to collect all the revenue, and they basically said "y' all can collect the revenue and we ' re going to, just trust us, we ' re going to get everything that ' s due to you" . That was a problem, a real issue for us , because if you go to a hotel right now, they create a folio of you and it tells you how many movies you watch, how long you stayed there, how many drinks you had out of the mini-bar, how many peanuts you took out of the mini-bar, and that ' s an auditable trail for the State to come in or local government to come in and look at . Airbnb didn' t want to allow any kind of audits like that . PHIL KELLAM: I 'm NOT auditing peanuts . ROBERT MATTHIAS: Okay. And this is "Possible Amendments" . We wanted to allow certification for Health, Safety, issues, or have each property opener sign a certification yearly that they were conforming with the health, safety, and welfare laws . Allow real accounting, compliance with local business laws, limitation on parking, things like that . Taxes under consideration, Phil did a great job explaining the local tax, but there ' s more to it than that . The State and regional sales tax, we get 1% of the State sales tax back to us directly for education, 1% collected in Virginia Beach. We get 1% back on the percentage of our school-age population compared to the State ; . 7% goes to HRTAC, and the Mayor can attest to the fact they' re running $15 million in the red on anticipated revenues right now, and . 5% goes to VDOT, of which Hampton Roads gets about 20% of that . And Phil very ably told you about the local taxes . But this is a tax of 14% on the price of a room, and we ' re not getting any of it right now. And I 'm told the local tax is very important , and the State tax is very important . I ' ll give you another example on the local tax. Transient Occupancy Tax, I think, 5 . 3% goes into the TIP fund right now, which is debt service . So, if your revenues don' t come in to match your anticipated revenues for the TIP bonds, that could cause an issue for y' all , for all of us . The hospitality industry issues, basically, this is, again, Mr. Uhrin, a highly regulated industry, the hotel industry, and they' re competing with people that don' t have to follow 16 any rules . We want equitable business treatment . We want the taxation that they run as a business . It would be nice if they could be delisted, which is close to what they' re doing in San Francisco. Transparency, a tax ID, and a method for reporting violations . Accountability and data collection. Right now, and Julie can speak much better to this than I, but the State collects data about how many folks we have come to Virginia Beach as tourists, but we get money from the State back from the State taxes to help promote tourism in Virginia Beach and Hampton Roads and Virginia . Here ' s what happens when a single-family home becomes a motel . Trash collectors, everybody that ' s affected, and here ' s the one I added in here, quiet enjoyment . I think everybody has an expectation when they buy a home or rent a place regardless that they have an expectation of quiet enjoyment of their home . We had the Beaches and Waterways Committee meeting, a gentleman came in and said, "I live at the North End. My wife and I put all our money together. We bought a nice house . They' re renting out the place next door to us and it ' s hell . " He said, "For three days, people come in, they eat, drink, they carouse . There ' s no rest for us . We can not enjoy our home . Who is protecting our right of quiet enjoyment? " Next steps, the bill that we mentioned was referred back to the Housing Study Commission. They created a work group. We 've been following that very closely, and their next meeting is August 25th. There ' s the membership . There ' s fairly good representation there . I ' ll give you an example what happened at the last meeting. The agenda went out and said there ' s going to be a public comment period. Well , the first meeting they had they said they had a public comment period. Nobody was asked to give public comment . The last meeting, they said they' ll have a public comment period. We had a whole group of folks coming up from Virginia Beach that were going to testify. The day before the meeting, the Chairman of this work group changed the agenda and took off the public comment period. So, we called Delegate Knight . We called Senator DeSteph. They called the Chairman of the Housing Study Commission, Delegate Danny Marshall, and there was public comment added back in to the agenda for the meeting two weeks ago, and there will be public comment going forward. Delegate Marshall has assured our Delegates and Senator about that . We suggest continued close work, Housing Study Commission work, report back to City Council , and I think this will be the resolution. It ' s obviously going to be in your Legislative Agenda, and this will follow one of Phil ' s recommendations , and continue the public} education program, which I think follows right along with Phil ' s recommendation. 17 And, Angie, could you bring up the Internet? Real quickly, Mayor, two minutes . Like I said, the 16th of September, checking out the 19th, one guest . Look at the map, there will be a map that will show up over here that will show all of Virginia Beach. And when you zoom in, like, Sandbridge will pop up with a bunch of properties and obviously a bunch at the Resort area. Go the other way, if you will , please , Angie? ANGIE BEZIK: It ' s all over, though. It ' s not just the Oceanfront . ROBERT MATTHIAS: Yes, sure, you' re correct . Try to expand it so we get right in on the Oceanfront . I looked yesterday and there was a woman that had a condo for rent , and she actually had three condos . She had a place at Turtle Cay, the Atrium, and another condo, and she said you could rent any one of these three for whatever amount of money. ANGIE BEZIK: Just one? ROBERT MATTHIAS: Yes, just pick one, please . Great picture of the Beach. This is $199 a night , for three nights is $597 , cleaning fee $100 , service fee $84 ; that ' s that 12% I talked about . And I don ' t see anywhere on there for taxes to be paid, so these are examples of one . Again, they' re all over the City, and you can go from a single room to a condo . There were even some entire houses . They had some houses down at Sandbridge , for instance . And I actually made a comment at the Beaches and Waterways Commission that we have a very good set of realtors that rent properties at Sandbridge, and I believe they' re going to be hit with this disruptive technology and that a lot of home owners would just go to Airbnb because it will probably end up being cheaper in the long term for them to rent on Airbnb rather than go through the realtors, but that ' s just we ' ll have to wait and see . The taxi companies sure know what happened with Lyft and Uber, as far as disruptive technologies . So, with that I ' ll stop. MAYOR SESSOMS: Thank you, Bob. I 'm going to ask John a question. Where is the hotel lobbyist on this? Do you have - - COUNCIL LADY WILSON: They' re with us . MAYOR SESSOMS : They've got a lobbying group, if I recall , too, at the State level . COUNCILMAN UHRIN: Right , at the State level . 18 ROBERT MATTHIAS : That ' s Julia Hammond, Eckert Seamans , yes . You've got Virginia Beach Hotel Motel Association and the Statewide Association. MAYOR SESSOMS : It just seems to me if they even took out public comment, we ' re not getting very far . If I may, sir? MAYOR SESSOMS : Please, do . JULIA HAMMOND: The Chairman of the committee is not getting very far. If you look at the makeup of the group, the majority of the people are leaning more in a fairness direction, that Airbnb should be treated like other lodging, short-term lodging. The Chairman wasn' t a big fan, and he ' s the one who had made the decision to try and change it and public comment after there was more research done . MAYOR SESSOMS: Okay. All right . JULIA HAMMOND: Can I make one other point? On the collection, the Airbnb proposal to collect at the State level , not only does it remove all the auditing ability for the locals, but all that money has to go into the general fund. And so, at any point the State could choose to swipe all TOTs collected via these platforms , and so it wouldn' t come back to you at all . There ' s no way unless it went right in the lockbox, but we don' t even have a lockbox for transportation, so the idea you would have them for local TOTs is of a stretch. So, you could easily lose all of that new possible revenue . ROBERT MATTHIAS: We 've been, I hate to use the term, "hosed" before by the General Assembly collecting money on our behalf and then not sending it back to us in an equitable manner . COUNCIL LADY WILSON: The condo associations , they' re not supposed to be allowing them, either, so people are doing it against their condo associations, because that looked like 3800 . MAYOR SESSOMS : Barbara, did you have something? COUNCIL LADY HENLEY: Having public comment doesn' t mean that it ' s going to have any 19 influence . ROBERT MATTHIAS : Again, I think we ' re actually being very successful in educating the General Assembly members, because, again, a lot of this bill was worked on really hard in the Senate last time . And, you know, if I 'm a lobbyist , I come in with an issue, and you say "Oh, there ' s no issue for this, this is going to provide money to the State and localities if they' re not collecting now, and this is emerging technology, you don' t want to do anything to disrupt it" ; the Governor was very supportive of Airbnb ' s efforts because it ' s created new jobs . This is not creating any new jobs for anybody, but , nevertheless , not arguing with the Governor . But he was very supportive of it, so normally we ' d have a stop like on post-Labor Day the Governor will be there to veto the bill , but we don' t have that . We ' re going to have to fight it . I think our Delegation, the Virginia Beach Delegation, we ' re actually going to be briefing the Hampton Roads caucus soon about the issue, and I think we ' ll get them educated on this tissue . MAYOR SESSOMS: Jim Wood? COUNCILMAN WOOD: This may be a question for Dave . Is Zoning doing anything about this , specifically, the one room rentals , because frankly that ' s beyond the tax and all that, I 'm not nearly as concerned about that as I am concerned about the impact on neighborhoods, impact on peoples ' quiet enjoyment . When you look at this, and I guess intuitively we all think, oh, it ' s down at the Oceanfront , until you pull this up and you take a look, and before you guys started I pulled up a couple . I just picked a random date in October, and there ' s four or five over by Regent in your district . So, they were available during that time period. So, that ' s my concern, is the issue of somebody who otherwise is living in their single-family house in a single-family neighborhood who all of a sudden every week has new next door neighbors with a bunch of cars and that sort of thing. And even if that portion is legal , we do know that renting single rooms isn' t legal , and it would seem to me if Phil can go online and start pulling these off , it would seem to me that Zoning could do the same thing; are they doing that? CITY MANAGER: No, sir. We ' re waiting on direction from the Council . We ' re looking at VML study, and you' re being presented today the facts from both the management side and the Commissioner ' s side, and you combine that with what the General Assembly is doing. If you want legislation drafted, I ' ll bring it to you. 20 COUNCILMAN WOOD: But if it ' s currently illegal to rent a room in Virginia Beach and we know for a fact that people are on this platform and the other platforms you listed here are renting single rooms, are we not doing anything about that? ROBERT MATTHIAS: It ' s very labor intensive . We went through the very simple steps here to get down to find the address and the other details like that . You've got to sign in, set up an account and everything else, and that ' s going to take probably 10 or 15 minutes, I 'm guessing, just for each individual property. CITY MANAGER: And then, not to mention the legal evidence that I would have to collect by sitting out in front of the house and verifying that somebody actually did enter the neighborhood and go to that house and rent that house and walk that through. COUNCILMAN WOOD: I understand there ' s hurdles there , but , again, I 'm thinking about the people who live next door that there ' s a four-bedroom house next door to them that rents four different rooms to eight people every single night, and that ' s my concern. PHIL KELLAM: We ' re making an earnest effort , but we literally are drinking from the fire hose here . COUNCILMAN WOOD: Understood. PHIL KELLAM: We can' t get penetration. MAYOR SESSOMS: It ' s clear as day that we 've got an issue here that needs to be dealt with, and I think we also have a reality; they ' re going to be here . Airbnb is going to be around. And you go to that list of things that have been brought to our attention that really are legitimate concerns, and we 've got to figure out a way to work through them. We 've got to find a way to get the tax revenues , things along those lines . I guess , this has been a briefing to get this on the table . ROBERT MATTHIAS : Yes, Sir. MAYOR SESSOMS: Where do we go next? ROBERT MATTHIAS: Well , Phil is talking to a couple of providers . There may be a 21 computerized system out there that he can buy for X amount of dollars - - and, Phil , you want to come up here -- that they keep a database of all the Airbnb, the other rentals . MAYOR SESSOMS : I don' t want us , believe me, I want to get moving, but at the same time what happens if all of a sudden the State says they are going to be the tax collector? I don' t see how in the world that works when you have different tax rates across the Commonwealth. VICE-MAYOR JONES : They' ll just extract the tax for the State . MAYOR SESSOMS: That ' s my whole point . That ' s not what we want . But my thing to you is, when do you anticipate getting direction from the State on what they' re going to do? Have they got milestones? ROBERT MATTHIAS: The milestone is the report of the Housing Study Committee, supposed to come out with a recommendation by December 1st . I fully expect they' ll come out by October 1st , probably, with draft legislation. It will start again in January, whatever gets submitted in January, and just have to react to that . MAYOR SESSOMS : You think they' ll do something next year, though? ROBERT MATTHIAS: Most assuredly, yes, Sir . MAYOR SESSOMS: John? COUNCILMAN UHRIN: Mr. Mayor, I 'm thinking here just aloud, and I haven' t read through Phil ' s ordinance yet, but to get to all of the other stuff we 've got to actually discover. So, speaking to Jim' s point or to safety things that need to be in place, certainly I get inspected every single year to make sure all my smoke detectors are working, and they need to be . I need somebody to be verifying that behind us . So, we can' t get to that point if we don' t know where they are . This seems like a way to get there, and certainly the onus all of a sudden becomes on - - we ' re not making it legal; I mean, we ' re not doing anything of that nature, but we ' re making sure the people providing the service are doing it on as level a playing field as everyone else . And for a home owner that understands there is a penalty involved, the onus is on them, as it would be with any business in the City for them to make sure they' re in compliance . They' re not in compliance now and there ' s just 22 really no incentive to get it . So, we ' re not changing the rules midstream. I think this Council has been really clear not to do that . MAYOR SESSOMS: I think that ' s great . Is there a down side here, Mark or Dave or Bob, I mean, to move forward with this recommendation? CITY MANAGER: I don' t think so. The General Assembly is going to do what the General Assembly is going to do. And if you' re out front stepping out making your move, at least the largest City in the Commonwealth is telling folks this is a serious issue to good order and discipline of the City. MAYOR SESSOMS: Is everyone okay bringing this back for our next meeting? COUNCIL LADY WILSON: Yes . We talked about when we were here in July about also putting together a task force, Airbnb . MAYOR SESSOMS : Right . Well , that ' s a great point . And let me sit back and say to you, I think we should move forward with that, and I would ask that Council supply me with names of who they' d like . COUNCIL LADY HENLEY: If we 've got to wait for the task force to do all that work, then it ' s going to slow up doing anything. Why can' t we do something? COUNCIL LADY WILSON: I don' t see why we can' t go ahead and pass this . There ' s a whole lot of other issues . MAYOR SESSOMS : Why don' t we put an ad-hoc committee together, I think that ' s what Mark' s recommendation to us was , and if y' all forward me some names, let ' s deal with that in a couple of weeks , too. Two weeks should be sufficient time . Frankly, I 've got a couple of people that would take this on and do a good job for us . ROBERT MATTHIAS: I guess, one final thing is you take it away from the Beaches and Waterways Commission. MAYOR SESSOMS: They don' t want it . ROBERT MATTHIAS: I understand. 23 MAYOR SESSOMS: They have their hands full . ROBERT MATTHIAS: One other suggestion, I haven' t had a chance to talk to the City Manager or Mr. Leahy, but perhaps we could put a mailer in the utility bills laying out , because it goes to all the water customers , just a one sheet or one page saying if you' re renting your place out you need to comply with these laws ; just a suggestion. MAYOR SESSOMS: Good information, and I think we ' re getting the ball rolling. (Whereupon, the discussion of this matter was concluded. ) ,"',_ 4 ;7f < at i. CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to (1) Amend City Code Section 10-1 Regarding the Polling Location for the Creeds Precinct and to (2) Change the Boundary Line between the Red Wing and Oceana Precincts MEETING DATE: August 16, 2016 • Background: The Voter Registrar has offered two changes to be made prior to the November 8, 2016, General Election. These changes are supported by the Virginia Beach Electoral Board. First, the polling location for the Creeds Precinct will be moved from the Creeds Fire Station to Oak Grove Baptist Church. Also included in this item is a boundary adjustment between the Red Wing and Oceana Precincts. The current Red Wing Precinct serves 3,660 registered voters, and the current Oceana Precinct serves 2,534 registered voters. • Considerations: All voters in the affected areas will receive new voter cards with the name and address of the new polling location. The polling location meets the applicable location requirements regarding proximity to precinct boundaries and compliance with the Americans with Disabilities Act. For the boundary adjustment, the result of such adjustment would be 3,246 registered voters in the Red Wing Precinct and 2,948 registered voters in the Oceana Precinct. • Public Information: Public notice of the proposed change was published in the Beacon on August 7th and August 14th, and this item also was advertised in the same manner as all other agenda items. As noted above, new voter cards will be provided to the voters in the affected areas. Finally, advertisements will be placed in the newspaper prior to the next election providing polling locations. • Attachments: Ordinance and Exhibit (Exhibit A— Precinct Boundary Change) Recommended Action: Approval Submitting D. • • ► - . ' gency: Voter Registra City Manager: Nilo 1 AN ORDINANCE TO (1) AMEND CITY CODE SECTION 2 10-1 REGARDING THE POLLING LOCATION FOR THE 3 CREEDS PRECINCT AND TO (2) CHANGE THE 4 BOUNDARY LINE BETWEEN THE RED WING AND 5 OCEANA PRECINCTS 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 1. Section 10-1 of the City Code is hereby amended and reordained to read as 11 follows: 12 13 Sec. 10-1. Establishment of precincts and polling places. 14 15 There are hereby established in the city the following precincts and their 16 respective polling places, as set forth below: 17 18 Precinct Polling Place 19 20 Alanton Alanton Elementary School 21 Aragona Bayside Sixth Grade Campus 22 Arrowhead Arrowhead Elementary School 23 Avalon Woodstock Elementary School 24 Baker Ebenezer Baptist Church 25 Bayside Bayside Elementary School 26 Bellamy Salem Middle School 27 Blackwater Blackwater Fire Station 28 Bonney Discovery Church 29 Brandon Brandon Middle School 30 Brookwood Plaza Annex 31 Buckner Green Run Baptist Church 32 Cape Henry Research and Enlightenment Building (Edgar 33 Cayce Library) 34 Capps Shop Back Bay Christian Assembly 35 Centerville Centerville Elementary School 36 Chesapeake Beach Bayside Baptist Church 37 Chimney Hill Congregation Beth Chaverim 38 College Park College Park Elementary School 39 Colonial Colonial Baptist Church 40 Colony Lynnhaven Colony Congregational Church 41 Corporate Landing Corporate Landing Middle School 42 Courthouse Courthouse Fire Station 43 Creeds Creeds Fire Station 44 Oak Grove Baptist Church 45 Cromwell Salem United Methodist Church 46 Culver Ocean Lakes High School 47 Dahlia Green Run High School 48 Dam Neck Corporate Landing Elementary School 49 Davis Corner Bettie F. Williams Elementary School 50 Eastern Shore Eastern Shore Chapel 51 Edinburgh St. Aidan's Episcopal Church 52 Edwin Kempsville Middle School 53 Fairfield Kempsville Presbyterian Church 54 Foxfire Kemps Landing/Old Donation School 55 Glenwood Glenwood Elementary School 56 Great Neck All Saints Episcopal Church 57 Green Run Green Run Elementary School 58 Haygood Haygood United Methodist Church 59 Hillcrest Village Church Hilltop Freedom Fellowship 60 Church 61 Holland Holland Elementary School 62 Homestead Providence Presbyterian Church 63 Hunt Princess Anne Recreation Center 64 Independence Water's Edge Church 65 Indian Lakes Indian Lakes Elementary School 66 Indian River San Lorenzo Spiritual Center 67 Kings Grant St. Nicholas Catholic Church 68 Kingston King's Grant Presbyterian Church 69 Lake Christopher New Covenant Presbyterian Church 70 Lake Joyce Morning Star Baptist Church 71 Lake Smith Bayside Church of Christ 72 Landstown Landstown Community Church 73 Larkspur St. Andrews United Methodist Church 74 Lexington Larkspur Middle School 75 Linkhorn Virginia Beach Community Chapel 76 Little Neck Lynnhaven United Methodist Church 77 London Bridge London Bridge Baptist Church 78 Lynnhaven Cape Henry Church 79 Magic Hollow Virginia Beach Moose Family Center 80 Malibu Malibu Elementary School 81 Manor Providence Elementary School 82 Mt. Trashmore Windsor Woods Elementary School 83 Newtown Good Samaritan Episcopal Church 84 North Beach Galilee Episcopal Church 85 North Landing Hope Haven 86 Ocean Lakes Ocean Lakes Elementary School 87 Ocean Park Bayside Community Recreation Center 88 Oceana Scott Memorial United Methodist Church 89 Old Donation Calvary Baptist Church 90 Pembroke Pembroke Elementary School 91 Pinewood Lynnhaven Presbyterian Church 92 Plaza Lynnhaven Elementary School 93 Pleasant Hall Kempsville Baptist Church Pleasant Hall Annex 94 Point O'View Kempsville Church of Christ 95 Red Wing Fraternal Order of Police, Lodge #8 96 Rock Lake Salem Elementary School 97 Rosemont Forest Rosemont Forest Elementary School 98 Roundhill Salem High School 99 100 Rudee Virginia Beach Volunteer Rescue Squad 101 Building 102 Seatack Mount Olive Baptist Church 103 Shannon Church of the Ascension 104 Shelburne Christopher Farms Elementary School 105 Shell Unity Church of Tidewater 106 Shelton Park Shelton Park Elementary 107 Sherry Park St. Matthews Catholic Church 108 Sigma Red Mill Elementary School 109 South Beach Contemporary Art Center of Virginia 110 Stratford Chase Community United Methodist Church 111 Strawbridge Strawbridge Elementary School 112 Tallwood Tallwood Elementary School 113 Thalia Thalia Elementary School 114 Thoroughgood Independence Middle School 115 Timberlake White Oaks Elementary School 116 Trantwood Virginia Beach Christian Church 117 Upton Three Oaks Elementary School 118 Village Thalia Lynn Baptist Church 119 Windsor Oaks Windsor Oaks Elementary School 120 Witchduck Bayside Presbyterian Church 121 Wolfsnare Virginia Beach Christian Life Center 122 Central Absentee Voter AgricultureNoter Registrar Building 123 Precinct 124 125 2. The Council approves the relocation of the precinct boundary line between 126 Precinct 0050, Oceana, and Precinct 0030, Red Wing, as provided in the map 127 attached hereto as "Exhibit A" Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL 1 / SUFFICIENCY: d7114A k -- 'oter R•• strar City Attorney's Office CA13782 R-1 July 14, 2016 EXHIBIT: BOUNDARY CHANGE DETAIL Current Boundary of Oceana Precinct: e 1 1/1 2 t Proposed New Boundary of Oceana Precinct: kr'r�� o-,-,---------- o 1', U n t 0,,y Y}} b 8---—-'--------"--\?; ..,_ / . /a r G7NU.1c i •1 .I ! '4 �v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 2-459 of the City Code Pertaining to the Human Rights Commission MEETING DATE: August 16, 2016 ■ Background: City Council created the City's Human Rights Commission in 1991 to advise City Council on human rights issues in the City. The City Code currently provides that the Human Rights Commission shall have seventeen members, two of whom are high school juniors. The City Code also includes now-obsolete text that provided for staggered terms for those persons initially appointed to the commission in 1991. • Considerations: In order to enable the commission to more fully represent the rich diversity of our city, this ordinance increases the membership of the Human Rights Commission from seventeen members to nineteen. The ordinance also deletes obsolete text about the initial appointments from 1991 and clarifies the provisions regarding the two high school members to make clear the intent that one of those members be a junior and the other a senior. • Public Information: This item will be advertised in the same manner as all other agenda items. • Attachments: Ordinance Requested by Councilmember Dyer REQUESTED BY COUNCILMEMBER DYER 1 AN ORDINANCE TO AMEND SECTIONS 2-459 and 2-461 OF 2 THE CITY CODE PERTAINING TO THE HUMAN RIGHTS 3 COMMISSION 4 5 SECTIONS AMENDED: § 2-459 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section § 2-459 of the City Code is hereby amended and reordained, to read 11 as follows: 12 13 Section 2-459. Commission established; composition; appointment and terms of 14 members; etc. 15 16 (a) There is hereby created the City of Virginia Beach Human Rights 17 Commission which shall consist of seventeen (17) nineteen (19) members. 18 (b) The members of the commission shall be appointed by the city council-9f 19 those first appointed, three (3) members shall be appointed fora term of one(1)year; four 20 A - - - .. - • - - _ ; - - ' - - - -- - • -- - -- ; - • - • - - • - 21 for a term of three (3) years, provided, however, that t--Two (2) 22 members shall be high school students (a juniors and a senior), whose terms shall expire 23 upon their graduation from high schoolbe for two (2) years. The commission shall elect, 24 from its members, a chairperson, a vice-chairperson, and such other officers as the 25 commission may deem appropriate. 26 27 . . . . Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2016. APPROVED AS TO LEGAL SUFFICIENCY: 7 ,64 City Attorney's Offic CA13793 R-1 July 28, 2016 r .•ss��� ro� t[:l � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Regarding the Name and the Membership of the Open Space Advisory Committee MEETING DATE: August 16, 2016 • Background: In 2001, City Council adopted a resolution to accept the Virginia Beach Outdoors Plan 2000 Update as a guidance document for open space and recreational planning in the City. The Plan recommended creation of a citizen advisory committee, and City Council by ordinance established the Open Space Subcommittee of the Parks and Recreation Commission. The 2001 ordinance provides that the subcommittee shall have nine members, all of whom are appointed by City Council and including one member who is also a member of the Parks and Recreation Commission. Subsequently, in part because the subcommittee includes only one member of the Parks and Recreation Commission, the subcommittee began referring to itself as the Open Space Advisory Committee. • Considerations: This resolution will officially change the name of the subcommittee to "the Open Space Advisory Committee." The resolution will also expand the committee's membership from nine to eleven members. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution Recommended Action: Approval Submitting D, • . 1 ent/Agency: Parks and Recreatio City Manage A RESOLUTION REGARDING THE NAME AND THE MEMBERSHIP OF THE OPEN SPACE ADVISORY COMMITTEE 1 WHEREAS, on February 13, 2001, City Council adopted a resolution to accept 2 the Virginia Beach Outdoors Plan 2000 Update as a guidance document for open space 3 and recreational planning; 4 5 WHEREAS, one of the Plan's recommendations was the creation of a citizen 6 advisory committee, and on May 15, 2001, City Council adopted an ordinance 7 establishing the Open Space Subcommittee of the Parks and Recreation Commission; 8 9 WHEREAS, the 2001 ordinance provides that the subcommittee shall have nine 10 members, all of whom are appointed by City Council, and one of the members shall also 11 be a member of the Parks and Recreation Commission; 12 13 WHEREAS, in part because the subcommittee includes only one member of the 14 Parks and Recreation Commission, the subcommittee subsequently began referring to 15 itself as the Open Space Advisory Committee; and 16 17 WHEREAS, expanding the membership of the advisory body from nine to eleven 18 members will allow for greater citizen representation. 19 20 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA THAT: 22 23 The advisory body shall now be known as the Open Space Advisory Committee, 24 and its membership shall be expanded from nine members to up to eleven members. 25 Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2016. APPROVED AS Te CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: �csagftze;4 Pare Recreation Department City Attorney's Office CA 13794 R-1 August 9, 2016 ,s. : , b iub S! 5,d{ ,o,„ i �-L i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Establishing an Online Home Sharing Economy Ad Hoc Committee MEETING DATE: August 16, 2016 • Background: Residents have raised concerns about the online home sharing economy, such as Airbnb. City Council is considering legislative action to address those concerns on both the local level and the state level (via requested legislation in City Council's annual General Assembly Legislative Agenda). Council believes it would benefit from the input of an advisory committee of residents and stakeholders. • Considerations: The resolution will create the Online Home Sharing Economy Ad Hoc Committee as a Council-appointed advisory body to City Council. Its membership will consist of: a chairperson appointed by City Council; a representative from each of the seven Council Districts who is a board member of a civic league, homeowners association, or property owners association; a representative of the Virginia Beach Hotel Association; a Virginia Beach representative of the Hampton Roads Realtors Association; and a Virginia Beach representative of the Hampton Roads Chamber of Commerce. City Council also will have the option of appointing as a member an online rental platform representative. Staff support will be provided by the City Manager's Office, the City Attorney's Office, the Planning Department, and the Commissioner of Revenue's Office. The committee will be tasked with reporting back to City Council by the end of September, recommendations regarding potential ordinance amendments, proposed input for the General Assembly Workgroup that is studying this issue, and recommendations regarding Council's legislative agenda item on this topic. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution Requested by City Council REQUESTED BY CITY COUNCIL A RESOLUTION ESTABLISHING AN ONLINE HOME SHARING ECONOMY AD HOC COMMITTEE 1 WHEREAS, residents have raised concerns about online home sharing, and City 2 Council believes that it would benefit from the input of advisory committee of residents 3 and stakeholders. 4 5 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 6 VIRGINIA BEACH, VIRGINIA: 7 8 1. That the City Council hereby establishes the Online Home Sharing 9 Economy Ad Hoc Committee. 10 11 2. That the committee shall serve in an advisory capacity to City Council, 12 and City Council shall appoint its members. 13 14 3. That the committee shall consist of: 15 16 • A chairperson appointed by City Council; 17 • A representative from each of the seven Council Districts who is a 18 board member of a civic league, homeowners association, or 19 property owners association; 20 • A representative of the Virginia Beach Hotel Association; 21 • A Virginia Beach representative of the Hampton Roads Realtors 22 Association; and 23 • A Virginia Beach representative of the Hampton Roads Chamber of 24 Commerce 25 26 The committee may also include an online rental platform representative. 27 28 4. That staff support shall be provided by the City Manager's Office, the City 29 Attorney's Office, the Planning Department, and the Commissioner of Revenue's Office. 30 31 5. That the committee shall, by the end of September, provide to City 32 Council recommendations regarding potential ordinance amendments, proposed input 33 for the General Assembly Workgroup that is studying this issue, and recommendations 34 regarding Council's General Assembly Legislative Agenda item on this topic. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2016. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offi CA13799 R-1 August 10, 2016 r, _ %... Fir( m ..... `�v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize granting a utility easement over a portion of the City's Lake Gaston Pipeline property located in the Town of Jarratt, Greensville County, Virginia to Greensville County Water and Sewer Authority and declaring such easement to be in excess of the City's needs. MEETING DATE: August 16, 2016 • Background: The City of Virginia Beach owns and maintains the Lake Gaston Pipeline, which extends from Brunswick County to Isle of Wight County (the "Pipeline"). The Pipeline provides water from Lake Gaston to the City of Virginia Beach. The Pipeline lies within a strip of land (also called a right-of-way) crossing a portion of Greensville County, Virginia in the Town of Jarratt, Virginia. The section of right- of-way that will be affected lies between the right-of-way's intersection with Allen Road (Route 610) and Gray Street (the "Property"). Greensville County Water and Sewer Authority (the "Greensville Authority") has requested that the City grant it a 20' wide utility easement (2,964± sq. ft.) across a portion of the Property to install buried pipes that will serve an expansion to its existing water treatment facility. • Considerations: Granting an easement over a portion of the Property to the Greensville Authority would not interfere with or limit the City's use of the Pipeline. No payment is being required for the easement because the Greensville Authority is a political subdivision, and the City committed to cooperate in such matters at the time the Pipeline corridor was established. • Public Information: Advertisement of Public Hearing and Advertisement of City Council Agenda • Alternatives: Approve the easement as presented, deny the easement, or add conditions as desired by Council. • Recommendations: Approval. • Attachments: Plat of Pipeline, Ordinance, and Plat of Proposed Easement Recommended Action: Approval of the ordinance. Submitting De. - 1 - cy: Public Works/Real Estate fffJCity Manager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE GRANTING A 4 UTILITY EASEMENT OVER A PORTION OF THE 5 CITY'S LAKE GASTON PIPELINE PROPERTY 6 LOCATED IN THE TOWN OF JARRATT, GREENSVILLE 7 COUNTY, VIRGINIA TO GREENSVILLE COUNTY 8 WATER AND SEWER AUTHORITY AND DECLARING 9 SUCH EASEMENT TO BE IN EXCESS OF THE CITY'S 10 NEEDS 11 12 WHEREAS, the City of Virginia Beach owns and maintains the Lake Gaston 13 Pipeline, which extends from Brunswick County to Isle of Wight County (the "Pipeline"). 14 The Pipeline provides raw water from Lake Gaston to the City of Virginia Beach; 15 16 WHEREAS, a portion of the Pipeline lies within property the City owns 17 between Allen Road (Route 610) and Gray Street in the Town of Jarratt, Greensville 18 County, Virginia (the "Property"); 19 20 WHEREAS, the Greensville County Water and Sewer Authority (the 21 "Greensville Authority") has requested that the City grant it a 20'-wide easement across a 22 portion of the Property in the location shown on Exhibit A, attached hereto and made a part 23 hereof (the "Easement"), for the purpose of maintaining buried pipes that will serve an 24 expansion to the Greensville Authority's existing water treatment plant; and 25 26 WHEREAS, Public Utilities has advised that granting the Easement will not 27 interfere with the City's operation of the Pipeline. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 30 CITY OF VIRGINIA BEACH, VIRGINIA: 31 32 That the Easement is hereby declared to be in excess of the City's needs, 33 and the City Manager is hereby authorized to execute the necessary documents to grant 34 the Easement shown on the plat attached hereto as Exhibit A and made a part hereof; and 35 36 That the documents granting the Easement shall be consistent with the 37 Summary of Terms attached hereto as Exhibit B and made a part hereof, with such other 38 terms, conditions or modifications as may be acceptable to the City Manager and in a form 39 deemed satisfactory by the City Attorney. 40 41 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE- 42 FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on the 45 day of , 2016. 1 CA13476 R-1 PREPARED: 7/22/16 \\vbgov.com\dfsl\applications\citylawprod\cycom32\wpdocs\d010\p024\00287784.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS REAL EQ TATE CITY ATTORNEY APPROVED AS TO CONTENT: P BLIC UTILITIES, ENGINEERING 2 LEGEND: vd' D.B. = Dud Book 1.0' P.B. — Plat Book / —--— = Property Lane — - —= Easement / / /O / 6e / ©_ g�. - y, , 12B2-7—F—PARCELS 1-4 ill c‘ ts, S e2•srse•4, 12B2-7—F-5 y- _ r •:_ ! + r c/L Proposed -- 1..._.__1 2" Foreaina.{n r.(-----_N 82• '0f"e, Propostd 20' Ifide f64.2p' Utility Easement f 9' 1 vA VI 12B2-18—G /,a r Vi A y` '--- 12B2-18 A OWNERS: O The City of Ptrpinia Beach Thew ore 0.069-1 sores (2.964-1 Sq. Ft.) Jet the vartabie width reposed easement on property sdenii ted as . EXHIBIT A PLAT OF A 20' WIDE UTILITY EASEMENT Located in THE TOWN OF JARRATT, GREENSVILLE COUNTY, VIRGINIA SCALE: 1' _ 80' AAPS: Revealed Jeiy 16, 2018 EXHIBIT "B" SUMMARY OF TERMS Grantor: City of Virginia Beach Grantee: Greensville County Water and Sewer Authority Easement: 20'-wide utility easement, consisting of 2,964 sq. ft. +/- crossing the City's right-of-way housing the City's Lake Gaston Raw Water Pipeline and lying between its intersection with Allen Road (Route 610) and Gray Street in the Town of Jarratt, Greensville County, Virginia Consideration: No consideration will be required CONDITIONS OF SALE: • The Grantor shall have the right but not the obligation to repair or remove the Grantee's facilities in the Easement in the event of an emergency, public necessity or public safety, and Grantee shall bear all costs and expenses of such repair or removal. • The Grantor shall indemnify, hold harmless and defend the City and its agents and employees from all claims, damages, losses and expenses in case it shall be necessary to file or defend an action arising out of the Grantee's use of the easement. • No construction or maintenance of facilities, other than those specified in the Deed of Easement will be permitted. • Grantee must notify the City within at least 48-hours of construction within the right-of-way to arrange for a City representative to be on-site to oversee the construction. • If any utility conflicts are determined between the easement and the City's use of the existing water line, work shall not commence until the City's Public Utilities Department approves all construction plan revisions. t,i it t.,"„t II:, kti 'it 1prijklc11 �` MArC►1 is arA v0 �ii.g� for S3s� �� 1' Ei ET:4: ,,. ` , I k- i J ,Aiii -- s ` � .,A, 9 07101,..," d,�r g -. .i! } 0r, ti=t y / w s ;altF i t 4 ! int egt 44 me = r /i �F S K�EM saa i I� , gbgl1 Dile ili ° - ei toL to. *. :a r tIEVI l`r icis. .66~'�'r�i WtmK lt 6 _� Nig poi 0000 t so 0011:11°11 hi �` y aCi ��`�la �ie� j y ropes p °1 7{ '� F 0o, 4 3, d SOF Q ■ F1528R J .. $ N+ sw- Mike a•� o ,w r—p i I i.ie f ig rt s M ,.� a r s ii t 1 i s x 1 0e's°‘ !i "I 4 I ; ! II 1 r i• i d f� it s} S t d C i i� .-I :- r�ie� ' er' 11! ri ti,.� i3 'et4k • 'y�} i a 1 If g - 0 ..s off. , �.� Valk',: _. - . `'v r`�'Ob.%'&' A 1 a• 1�� } x.45• 11111 # il#: ‘'e. - I g's :1 1 11 ILI. n "Alt th_ - 1 ' \ " 45V1.1 :il:,:`• )- Y D . a et _ = L i` a Ear I _ a R !� bill 1 ifi 1 gd= . 1 il 1. - -g - ? - i. IIPI.r�� •, E , ( MATCH UNE STA_1157+00.00 i 1 d-4 illua. -.ri �,, - a! [ I a s, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Declaring 2,334 sq. ft./0.054 ac. of City Property (GPIN 1497-36-3144) Located at 2908 North Lynnhaven Road to be in Excess of the City's Needs and Authorizing the City Manager to Execute all Disposition and Exchange Documents with Lynnhaven Shopping Center, LLC MEETING DATE: August 16, 2016 • Background: In 1967, F. Wayne McLeskey, Jr. and Faye E. McLeskey ("Grantors") dedicated approximately 2,822 sq.ft./0.0647 acres of property to the City by general warranty deed (the "Property") with the restriction that the Property be used for the sole purpose of constructing a sewer pumping station (the "Pump Station"). The Pump Station is now 49 years old and needs to be replaced; however, the Property configuration would not permit replacement at the current location. McLeskey & Associates, manager of Lynnhaven Shopping Center LLC ("LSC") has agreed to dedicate an adjacent parcel to the City for the purpose of building the new pump station (the "Project"), in exchange for conveyance of a portion of the Property back to LSC upon demolition of the Pump Station. LSC will release the use restriction on 488 sq. ft. of the Property that the City will retain for right- of-way and the remaining 2,334 sq. ft. will be conveyed to LSC in exchange for 2,332 sq. ft. of LSC property. ■ Considerations: This transaction will allow the City to proceed with the Project and provide an upgraded pumping station at this location. The Property was originally dedicated to the City with a deed restriction that it only be used as a pump station; therefore conveyance back to LSC, the successor-in-interest of Grantors, facilitates the release of the restriction and allows LSC to repurpose or convey the site to a third party, free from the use restriction. The City will acquire a Temporary Construction Easement with a square footage of 6,862./0.158 acres along with a Variable Width Non-Exclusive Ingress/Egress Easement with a square footage of 4,588./0.105 acres. • Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. ■ Alternatives: Approve the request as presented, deny the request, or add conditions as desired by Council. • Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to complete the proposed exchange. • Attachments: Ordinance, Summary of Terms, Location Map and Disclosure Statement Recommended Action: Approval of the Ordinance Submitting Department/Agency: Public Works/Real Estate (L h lvkt City Manager: 1 AN ORDINANCE 1) DECLARING 2,334 SQ. 2 FT./0.054 AC. OF CITY PROPERTY (GPIN 1497-36- 3 3144) LOCATED AT 2908 NORTH LYNNHAVEN 4 ROAD TO BE IN EXCESS OF THE CITY'S NEEDS 5 AND 2) AUTHORIZING THE CITY MANAGER TO 6 EXECUTE ALL DISPOSITION AND EXCHANGE 7 DOCUMENTS WITH LYNNHAVEN SHOPPING 8 CENTER, LLC 9 10 WHEREAS, in 1967, F. Wayne McLeskey, Jr. and Faye E. McLeskey dedicated 11 approximately 2,822 sq.ft./0.0647 acres of property located at 2908 North Lynnhaven 12 Road, to the City (the "Property"), subject to a restriction that the Property be used for 13 the sole purpose of constructing a sewer pumping station (the "Pump Station"); 14 15 WHEREAS, the Pump Station is now 49 years old and needs to be replaced; 16 however, the Property configuration would not permit replacement at the current 17 location; 18 19 WHEREAS, McLeskey & Associates, manager of Lynnhaven Shopping Center 20 LLC ("LSC"), has agreed to dedicate a portion of its adjacent parcel ("LSC Property") to 21 the City for the purpose of building a new pump station (the "Project"), in exchange for 22 conveyance of a portion of the Property back to LSC upon demolition of the Pump 23 Station. 24 25 WHEREAS, 488 sq. ft. of the original 2,822 sq. ft. Property will be released from 26 the use restriction by LSC and retained by the City as right-of-way, and the remaining 27 2,334 sq. ft. ("Excess Property") will be conveyed to LSC in exchange for 2,332 sq. ft. of 28 LSC Property, the specific terms of which have been set forth in a written agreement 29 (the "Exchange Agreement"); and 30 31 WHEREAS, the City Council finds that it is in the best interests of the City to 32 declare the Excess Property in excess of the City's needs and authorize the City 33 Manager take all actions necessary to facilitate the terms of the Exchange Agreement. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA, THAT: 37 38 1) The Excess Property consisting of 2,334 sq. ft. is hereby declared to be in 39 excess of the needs of the City of Virginia Beach; and 40 41 2) The City Manager is hereby authorized to execute the Exchange 42 Agreement and any other documents needed to convey the Excess Property 43 to Lynnhaven Shopping Center, LLC and acquire the LSC Property, provided 44 such documents are in substantial conformity to the terms set forth in the 45 Summary of Terms attached hereto as Exhibit A and made a part hereof, and 46 such other terms, conditions or modifications as may be acceptable to the 47 City Manager and in a form deemed satisfactory by the City Attorney. 48 This Ordinance shall be effective from the date of its adoption. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 51 of , 2016. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY / p } / Public Works/Real Estate _il City Attorney's Office ;j CA13601 R-1 August 4, 2016 EXHIBIT A SUMMARY OF TERMS EXCHANGE OF PROPERTY BETWEEN CITY AND LYNNHAVEN SHOPPING CENTER, LLC FOR PINETREE PUMP STATION #252 REPLACEMENT PROJECT, CIP 6-041 PARTIES: City of Virginia Beach ("City") Lynnhaven Shopping Center, LLC, a Virginia limited liability company ("LSC") EXCESS CITY PROPERTY: 2,334 Sq. Ft. (0.054 Acre) of City property located at 2908 North Lynnhaven Road (GPIN: 1497-36-3144) (current pump station site) LSC PROPERTY TO BE EXCHANGED: 2,332 Sq. Ft. (0.054 Acre) of property located at 2858 Virginia Beach Blvd. (portion of GPIN: 1497-36-7543) (located directly to the west of current pump station site) CONDITIONS OF EXCHANGE: • City and LSC will each bear their own closing costs. • City will retain a variable width utility easement over the City Property upon conveyance to LSC. • LSC will release the use restriction on 488 Sq. Ft. of the property that will be retained by the City of right-of-way. • LSC will dedicate to the City a temporary construction easement and a permanent ingress/egress easement over a portion of its remaining property as shown on the attached proposed plat. • City will vacate the existing ingress/egress easement it currently holds upon dedication of the new easement by LSC. • City agrees that there will be no pump station connection or upgrade fees for the LSC property as long as the property does not exceed the permitted density allowed by the existing zoning at the execution of the Exchange Agreement. 44t 4. i f\ . C , ILN. s gr / i r 11 a v l .. . I i \ v / / ' tC I ', ,\ \\\\\ \ I Z ,= 70 XO N i p tnr cD 4 d t II } \ \\\\.,,, , ' , , \-::71.,,,'„ , AP q J / i ... a es -.1 \\-0"- tirttv-----"1:‘414:',1 'V -4 2 I c 1, o m <' 0 o n rn Z G) C), O $ -v Zp I � 0 Z -ci0 xi, i 2. . 0 co i , li rn N i I 0 U .R N O J�� \. W 2 � N ¢! /— co © =m Z 2 ' o a A2ti a 8 a s ��, b Qom �I'� ,f,,!_ . o o s '' ...---- 8 t o e tlo p � _ o p N 47 Qo btS !,0 � a g U,, -D m, W c.4 W Y. � II u �+� a W m 3 � o H aw z V n S 0 J N ¢.m _a u o , off„ 'i '6 = W eO,^OgbpZe V, O� Vj R O tD U .II a23� min �� N / i,74, _W m k t 'g • / a 2 2 W � I _� gi • .„9,-0 — a k e lm < N m I 3 I g i (3 N W �.� "m o�m �-mo o o U 4 m 8y S ao a ��t � t C gm8 .- rnN$ n+2 *oo m o 8 8om8�3e2 ce,O vN � ma'ou u.o o , , 2o WJaI • _ / NI �x to W I w F3\ 82,88 M § \. \ 1Lx NN i. H _9 ��., -� oaxuksw15 L $c sp. €$w 9LoJg F �JJ8�;! .o wa goa g2sy8;akn1 o Fo IWo IEo s w zE �< "o ,i � 4. p n o ,, �� In oiRvl ` ` o� � o a5 SWR $ a �y �LL gze� L8 c o ,w. gug .§4o mS+‹. m g� z�m�� : -e.8 r .,2 Y § €< mo^ n <ti< r m 0 I VirgiBeath nia APPLICANTS NAME L nn inGLdehr LW 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 Appeals Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness Franchise Agreement Street Closure (Historic Review Board) g Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE { ;c} 7 F'1 df,,l4 Lt3"c•-. r',,,T �7 „ ar}Xrt t 7, n y Page 1 of 5 err! .r,-let per,. `r. .;, opplEtyt r,rrr A PIirALt t ignif 11 OF i-lrPR r elk 4,.„A 0 PI'•tliiONS S6}f:hi4`T`tEi} rt • rugittla lam. ❑ Check here if the APPLICANT IS _LVOT a corporation, partnership, firm, business, or other unincorporated organization. 2r Check here if the APPLIcANT /5 a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: LY063i-vmtlh) Cboorvrat44. CLsrtta, G If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) <>I-' Artthe..1415.V Latoort See next page for information pertaining to footnotes' and 2 4 - 0 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PRQPERTYQWNER IS NQT a corporation, partnership, firm, business, or other unincorporated organization. Et/ Check here if the PROPERTY OWNER 15 a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: �� s� Yfir itla. �y_acl•, If an LLC, list the member's names: Page 2 of 5 Virginia If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (8) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) ?arent•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,W. Code § 2.2.3101, 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when 0) 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 ubjec; of the application ora tsin „ss oneratingQr t4 be oaerattd,on the Prop y. 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 iL Virginia each YES NO SERVICE PROVIDER (use.adtGtional sheets if needed) 12( Accounting and/or preparer of your tax return (�' Architect/Landscape Architect/ Land Planner Contract Purchaser(if other;flan 0 Qi' 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) LI L3 Construction Contractors Er Engineers/Surveyors/Agents Financing(include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) El U Legal Services Real Estate Brokers I 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 El 1:2r 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 CS �a ' ,�., # a e: » # � ..i "k+ zea .,, ,, xS ,nx S. #`. �z ' s •. #, ,ar _ 4 k ; +� t pp -,,, a ""'E"" t '3P 'r , yn ,., - .,. .. ....... ,. � w. 4 CERTI FICATRAI: I certify that all of the information contained in this Disclosure Statement Form is compete,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. -6.,: , APP ICA T'S SFGN TUBE 1.40.-.5ar ,... -fft, _ PRINT NAME ne. DATE ::: .77 r * Q� /'— /�� G,.64, L. 7 . k t.calwt�/ $/IA 0 PROPERTY OWN GNATURE 3, mill'NAME DATE Page 5 of 5 QTIP Trust Entities(Companies) name fed id# Cheryl P. McLeskay 554-94-5130 WASHINGTON SQUARE TOWNHOUSES,LLC BEL-AIRE LLC 54-6042890 VIRGINIA BEACH FISHING CENTER LLC 54-1076968 FWM RESIDENTIAL RENTAL PROPERTIES, LLC 2869 VBB, LLC ELIZABETH CITY DEVELOPMENT COMPANY LLC 54-1395799 Elizabeth City Airport Industrial Park, Inc, 55-1485319 LDSM PROPERTIES LLC 54-1217638 MORTONS BAYE LLC 54-0898621 J&W INVESTORS LLC 54-1398689 RADCLIFFE TOWNHOUSES, LLC CEPCO LLC 54-0893612 COLONY PINES APARTMENTS,LLC COASTAL INVESTORS LLC 54-1398687 NORFOLK-VIRGINIA BEACH AIRPORT LLC 54-1483667 2648 VBB, LLC LYNNHAVEN SHOPPING CENTER, LLC 46-3574210 RIVERWALK LLC 54-1339042 NEWTOWN CONVENIENCE CENTER, LLC Front Street Investors L.L,C, 54-1869951 MGM Associates 54-1264851 FURBERFAX LLC 54-1547983 LOTSALISA LLC 54-1548415 AIR TACO, LLC 26-4369584 103, LLC 27-0833414 CROUPIER LLC 54-1810949 CPM Properties LLC VBFC PROPERTIES, LLC 45-5576319 BAYLINER BUILDING,LLC UTTLE NECK COMMERCIAL PROPERTY, LLC FWM-RH,LLC McLeskey&Associates, L.L.C. 54-1919175 SHORE DRIVE AREA PROPERTIES LLC LYNNHAVEN AREA PROPERTIES, LLC LITTLE CREEK ROAD PROPERTIES, LLC RUDEE HEIGHTS PROPERTIES, LLC F.Wayne McLeskey,Jr,QTIP Marital Trust fbo Cher 32-6256693 The McLeskey Family Foundation,Inc. 45-4006829 FWM Memorial Marlin Open,Inc. Regency Hilltop Associates, LLP 54-1497958 FWM-Ell LLC 20-1879327 Page 1 of 1 „elAs` r 4i 1,t___ ,. t , ;4,i.,F,:. . � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize a Temporary Encroachment Within the City Property known as Sand Broad Inlet, Located at the Rear of 2805 Wood Duck Drive MEETING DATE: August 16, 2016 • Background: Timothy P. Gill and Karla M. Gill, ( the "Gills") desire to construct and maintain a proposed 10' x 10' pier within the City property known as Sand Broad Inlet, which is located at the rear of 2805 Wood Duck Drive. • Considerations: City Staff has reviewed the requested encroachment and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Sand Broad Inlet, which is where Mr. and Mrs. Gill have requested to encroach. In accordance with the recommendation of the City Council to help address water quality protection in conjunction with temporary encroachments onto City property, the requested encroachments have been reviewed by the Environment and Sustainability Office of the Department of Planning and Community Development. Staff is of the professional opinion that the establishment of a 15- foot-wide vegetated riparian buffer area consisting of understory trees, shrubs and perennial plants in a mulched bed running the entirety of the shoreline adjoining the applicant's property, with the exception of the area of the proposed boat ramp, is feasible and warranted to help reduce long term water quality impacts associated with the existing and proposed encroachments. In addition to the buffer establishment as noted herein and in lieu of buffer establishment for the area of the proposed boat ramp, staff recommends that the Gills shall make a contribution in the amount of $72.00 to the City's Living Shorelines Restoration Program Fund. Said fund is administered by the Environment and Sustainability Office. Said funds shall be utilized solely for activities on public properties that support the restoration or enhancement of woody vegetation and habitat in the shoreline areas of the City adjoining its inland waterways, including tree planting, tree transplanting, tree protection, or similar related activities which are directly related to restoration or enhancement of woody vegetation and habitat in the shoreline areas of the City. • Public Information: Advertisement of City Council Agenda • Alternatives: Deny the encroachment, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Plat, Disclosure Statement and Location Map Recommended Action: Approval of the ordinance. Submitting Departm- • . ' •ency: Public Works/Real Estate PA D City Manager: `\ ►,!1ac 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS SAND 7 BROAD INLET, LOCATED AT THE 8 REAR AS 2805 WOOD DUCK 9 DRIVE 10 11 WHEREAS,Timothy P. Gill and Karla M. Gill, (the"Gills")desire to construct 12 and maintain a proposed 10'x 10'pier within the City property known as Sand Broad Inlet, 13 which is located at the rear of 2805 Wood Duck Drive, in the City of Virginia Beach, 14 Virginia; and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City property subject to such terms and conditions as Council may prescribe. 19 20 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CIN OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in§§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Timothy P. Gill and Karla M. 25 Gill, their assigns and successors in title, are authorized to construct and maintain a 26 temporary encroachment for a proposed 10'x 10'pier within City property as shown on the 27 map entitled:"REPLACEMENT BULKHEAD&PIER, NEW BOAT RAMP FOR TIMOTHY& 28 KARLA GILL 2805 WOOD DUCK DRIVE VIRGINIA BEACH, VA 23456," prepared by 29 Sigma Environmental Services Inc., dated November 12,2015,a copy of which is attached 30 hereto as Exhibit"A", and on file in the Department of Public Works and to which reference 31 is made for a more particular description; 32 33 BE IT FURTHER ORDAINED,that the temporary encroachment is expressly 34 subject to those terms,conditions and criteria contained in the Agreement between the City 35 of Virginia Beach and the Gills (the"Agreement"), an unexecuted copy of which has been 36 presented to the Council in its agenda, and will be recorded among the records of the 37 Clerk's Office of the Circuit Court of the City of Virginia Beach; 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized 40 designee is hereby authorized to execute the Agreement; and 1 41 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 42 such time as the Gills and the City Manager or his authorized designee execute the 43 Agreement. 44 45 Adopted by the Council of the City of Virginia Beach,Virginia, on the 46 day of , 2016. 47 48 49 50 CA13587 51 R-1 52 PREPARED: 6R/16 53 54 55 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL 56 SUFFICIENCY AND FORM: PUBLIC 6,-,,c.:tun 59 PUBLIC WORKS, REAL ESTATE R. HARMEYER 60 -I-1(o SENIOR CITY ATTORNEY 2 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE(BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this V" day of J (,Q , 2016, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and TIMOTHY P. GILL and KARLA M. GILL, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 147"; as shown on that certain plat entitled: "SANDBRIDGE SHORES SECTION 1B NORTH PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA", which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 103, at page 24, and being further designated, known, and described as 2805 Wood Duck Drive, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a proposed 10' x 10' pier, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of existing City property known as Sand Broad Inlet the "Encroachment Area"; and GPIN: 2433-27-3415; CITY PROPERTY(Sand Broad Inlet) GPIN: 2433-25-1929; 2805 Wood Duck Drive, Virginia Beach, VA 23456 WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "REPLACEMENT BULKHEAD & PIER, NEW BOAT RAMP FOR TIMOTHY & KARLA GILL 2805 WOOD DUCK DRIVE VIRGINIA BEACH, VA 23456," prepared by Sigma Environmental Services Inc., dated November 12, 2015 a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must 2 be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward form the shoreline, shall run the entire length of the shoreline, with the exception of the area of the proposed boat ramp as shown on the attached exhibit, and shall consist of a mulched planting bed and contain a mixture of understory trees, shrubs and perennial plants. The Grantee shall consult with the Environment and Sustainability Office of the Department of Planning and Community Development on the composition of plants for the Buffer prior to its installation to confirm plant suitability and acceptance. The buffer shall not be established during the months of June, July or August, so that it has the greatest likelihood of survivability. The Grantee shall notify 3 the Environment and Sustainability Office of the Department of Planning and Community Development when the buffer is complete and ready for inspection. An access path, stabilized appropriately to prevent erosion, through the buffer to the shoreline is allowed. It is further expressly understood and agreed that in lieu of the establishment and maintenance of a full riparian buffer, which would be a minimum of 15 feet in width landward from the shoreline, would run the entire length of the shoreline, and would consist of a mulched planting bed and contain a mixture of understory trees, shrubs and perennial plants, the Grantee shall make a contribution in the amount of $72.00 to the City's Living Shorelines Restoration Program Fund as compensation for that portion of the full riparian buffer which cannot be established on the shoreline of the Grantee due to the proposed boat ramp. Said fund is administered by the Environment and Sustainability Office of the Department of Planning and Community Development. Said funds shall be utilized solely for activities on public properties which support the restoration or enhancement of woody vegetation and habitat in the shoreline areas of the City adjoining its inland waterways, including tree planting, tree transplanting, tree protection, or similar related activities which are directly related to restoration or enhancement of woody vegetation and habitat in the shoreline areas of the City. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The 4 Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Timothy P. Gill and Karla M. Gill, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on 5 its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 6 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2016, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2016, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 7 By r �— Timo y P. Gill, Owner By c Ka a M. Gill, Ow r STATE OF CITY/COUNTY OF N 1`IllN\1 Reito-wit: The foregoing instrument was acknowledged before me this day of,;,,,,,00, `J v L� 2016, by Timothy P. Gill, owner. •\ g oNw 3,yFj �% , _ �m�4:G dry. ��_ P 1 ` �l��'/ �' = REGISTRATIQN N1-. - Ii. h 1 AL. l. :At r7 - (S A 23239 _ :tary Public MYC1VOI3Lt1j RES i �% �•.OF�,RGIN,,, \\. '"i,?l'1 pY f pub,-\\\` Notary Registration Number: 1S232�1 My Commission Expires: 12- g It2-0 I STATE OF `� CITY/COUNTY OF V I ‘ t to-wit: The foregoing instrument was acknowledged before me this U day`Qf,,,,,,,,,,,/ .JV Ly , 2016, by Karla M. Gill, owner. coMMo �-% T z otary Pubill =Z'••.c2,�31i� a O,.•. is.' ,,, /4.1.. G,MA /'ii,,,PUBLIC Notary Registration Number. ‘752,....32-3q My Commission Expires: 1213 I 20 U 8 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM -k_14_ A o SIGNATURE S- k-ap r • ,"°' .. H 'MEYER SENIOR CITY ATTORNEY ? VeE DEPARTMENT 9 PLAN VIEW SCALE_ .r=30• APO2 WATERWAY WIDTH=432' - SAND BROAD INLET PROPOSED FLOOD R EXISTING DETERIORATED 10'X 10'PIER ...:MLw 4 Epg� BUL,IOHEAD AND PIER TO BE- PIM REMOVED _ a_ a ...-.PROPOSED MITIGATION 11E•DGNNB' ' _ ...;:-:=_____..1 �E N „ 3 .. AREA 36 6Q.FT ►r.7 '... .� MIi1nR.. Q" •t � — 2 86'S �p�81 . ; y 5 6IIIIIIMIL A,3 5tl'0' • ' a PROPOSED 89'1' ^Ad 53'8' ••y , SUUCHEAD WITH TWO _A5 52'0' 6'RETURN WALLS A4 5�'4' - PROPOSED 12'X20' f.r t01s+ 13•1 6I Y CONCRETE BOAT RAMP b 8,2 32'T WITH TWO 17 RETURN V40 �� 8 84 66 10' WALLS ''. 84 46'T r STORAGE SHED 1D 8E D rrfrrrrrr B 8 34'0' RELOCATED ON-SITE � .r��/r rrrrrr A r�. LINE DISTANCES �� oligllflll1111// 1-2 55'1 r 7 • ye/f/d, " // / ' - • stilr 400191JOHK W 1 4 #2605 ..--j" 2STY.FR - .. z llllfi'I1Illlil' '1'1113 '1 ,Ill III a alr , , APO 1 i 1 APO 3 :1C :i £VA.E 1!v WOOD DUCK DRIVE I (W RMI) 130'TO TUNA LANE EXHIBIT "A" Z .INVI 'tiTAL�" , 1613 BAIlDBRID®E ROAD VIRGINIA BEACH,MAWR 25459 (151)0154074 APOs: WATERWAY:SAND BROAD INLET PRO.ICT: REPLACEMENT BULKHEAD &PIER,NEW BOAT RAMP 1.MARTHA K&WRY M.FERGUSSON FOR: TIMOTHY&KARLA GILL 2.CITY OF VIRGINIA BEACH AT: 2606 WOOD DUCK ORNE DATUM: 0.00'MLW=4.4' 1020 NVGR 3.BILL&CAROLYN PAULETTE VIRGINIA BEACH,VA 23456 DATE: NOV.12.2015 SHEET 2 OF 5 44 : FRif -.kyewn ..r;.cv"is fo ,p,",i ;ut .' iE?t. i�a er{af'.� k r: * �.r. ;. 4.„,,,.1.,- 444 s h � d .,,,Tr'- r� v ~- �firx. 1t < ` ' s;,� �� A. '� �z < 3t `�ni�i S i�z L. h# '.. ,. • '�• --'-'474144,4,i mo '$moY,,:, star"'ror,,Fv- iX fi-el . 14.'zi-f -V-' A:p-- . Y 4 � « Yr-'T'' fiTr I / .fes' ,,5 ,, �S,+'�}n a k- ZF.ir'�'C sZe? at i 'tr , `' - .. :' ',. /Lr 74; � .2:`„4 } r ' f #'* C Xfe r • . ' _2 S R4,1r,,•` w APPLICANT'S NAME: = ' DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 1 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 5 Planning Commission and City Council meeting that pertains to the application(s). D APPLICANT NOTIFIED OF HEARING DATE: E3 NO CHANGES AS OF DATE: 8 l of 116 lcQ 0 REVISIONS SUBMITTED DATE: 'F • ^ ,. �yiI*r 7F � .. „+; ' iso r t .� r w." °. r • . a .Z4* • y *s •Y. ,w.��^o^' '.a ..ulo Check here if the APPLICANT IS NOT a corporation, ' p pa .� �.�t� • '..r< business, or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name` 'i 7-G/«- ` 1A("!'1• Uccc. 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 4 r 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. U Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names:_ Page 2 of 5 41 at . , _, s�' i` ys;'" .1 ' ` ,j� , ,,- :-, r"�''` ul;r. - k ��...r r -.�:. i , +L. !kms i t h=*µ `+a.c'a . i-� a� . r*"-�i t � v, t r ,t'� "'4.126" f Ci-'' x `W A cs.'G .— ax. ,s i-'. S , at � , ,"b,-7, :' ,..; *ii:'' `lf+„ �;. 141 ;. ,;'Y $ e =:v a qY.W;t;y4 �h,,..s r t u3l h a 3`� -M, .�x �. a. ,td x� c -: _ t'3t „4,,,,,,y‘, -fig,.1 1tCi v ,,-,{.'e 4'=s t h,' ,;''4q, r ' ,Y ... } *N” 't"T .,a ''�a} 441;2;54,1 . ; If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. 4 0 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 . ; ? ° "1 -u `� l- a ,li.. ,e .,tT�,.; .Dc ,tai3 ... �i.,J•y �... � - th;1� - 'al _� Y"� � ] '` 'f`i,'^1�.1 } ` 3 ti' -�,r"�haf 1t' ,a'y`��: ,,�.- :w.n f tt^ .ak .a"Ks - .r' wt u#§`Rte'"Air•d f i3si ' �'« t , '.- a �s `J.�' ` y s9 ^rhii ' i 2�� �} �vs t 1•� 3 *'` R t f A x',.,.• �V' • � y#.r*n�.r�a�� �� �{3•t ac t"/ - ' ".�t G�. `� W -i �w+fRfr^,K'w- ' ff�� T .1 }, d YES NO SERVICE PROVIDER (t. addii "n if ne dtetti CEr Accounting and/or preparer of your tax return I I [r 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) CE- Construction Contractors 51 Er Engineers /Surveyors/Agents 516 WI- FAV((2afrtitAirtl-(, Financing (include current S i2Vl'CtS E mortgage holders and lenders a ' �' 1 6c�ca� �q selected or being considered to provide financing for acquisition 5 0-/wice5 es2*4 or construction of the property) T dew -, /Are. 171 Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have C p( 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 tv,4 -'ate' '�`%�' r.� x..t. }J t!-.3+n� '" ::r.g t '' r '•r#, '` A� �r��AF3.*'rlki Ar 'r 1 .*441:144t • 't'- e +M 'f' alroa lr�'l.^.c°}+..� ypr f Y ar ..r..ate• � , z ,...� ' `�' � �' 1,ji.� aa +. f... � � + *44,1144, +{J�L�t� .F + �*. s:, -S 4 .;� i^5‘r � 3✓• e.:.w,t„.o, t d 4 4 1 r 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. 6,4 94/4 j �M >P�r� mkadl&6i(,( iI'2e�i'S AP N 'S SIGNATURE PRINT ME DATE M� �irt` K� (�Q/,(jj� 1117o�ISPROPERTY OWNERS SIGNATildycaN.6(4 PRINT NAME DATE Page 5 of 5 a) u J cc?! Z r/ i `l 1` Cn V CD N IAM IC',\ Z �' LO QN Z ix M a U O O Z Q 2 Q N o C.) z OQ aZ o J O >- u" g CC D = O LE a) 0 Z 0 o Q w g HN ---Aa` Uo a N ' ___------- \ 5 N tip' b•v \\ \ N� \ \ ------- M 1111 CO 22 i a) O Q a. ill u) RO Ct N N m \Pt U ._ c 504°9 J N W Orn dr a C u \ --- M Y M C y CD m J Q a / (rS IA 88gC 75 :„q, 1 l Lyy c .... ,r-, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Additional FY 2017 Grant Funds for the Community Corrections and Pretrial Programs MEETING DATE: August 16, 2016 ■ Background: Since FY 1995-96, the City has received a Community Corrections and Pretrial Grant authorized by the Comprehensive Community Corrections Act and Pretrial Services Act from the Virginia Department of Criminal Justice Services (DCJS) for the Virginia Beach Community Corrections and Pretrial Program. The Community Corrections program provides sentencing alternatives to incarceration for persons convicted of certain misdemeanors or non-violent felonies for which sentences would be 12 months or less in a local or regional jail including: community service; home incarceration with or without electronic monitoring; electronic monitoring; and substance abuse screening, assessment, testing and treatment. The Pretrial Program provides information and investigative services to judicial officers (judges and magistrates) to help them decide whether persons charged with certain offenses and awaiting trial need to be held in jail or can be released to their communities subject to supervision. This is the first year of a biennial grant covering July 1, 2016 through June 30, 2018, which encourages, but does not require, a grant match. It is included as part of the City's annual budget process. Included in the Department of Human Services' FY 2016- 17 Operating Budget is $1,703,875 for 22 FTEs comprised of $1,140,013 from the State supplemented by $33,068 in fees charged to clients and $530,794 from the General Fund. However the actual annual State grant amount awarded for FY 2016-17 is $1,142,444. • Considerations: Due to the increased State funding, adjustments are required to Human Services' FY 2016-17 Operating Budget. State funding should increase by $2,431 from $1,140,013 to $1,142,444. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Approval of Ordinance • Attachment: Ordinance Recommended Action: Approval Submitting De•artment/Agency: Department of Human Service iii City Manager:el 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR THE COMMUNITY CORRECTIONS AND 3 PRETRIAL PROGRAMS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $2,431 is hereby accepted from the Virginia Department of Criminal Justice Services 9 and appropriated,with estimated state revenues increased accordingly,to the FY 2016-17 10 Operating Budget of the Department of Human Services for the Community Corrections 11 and Pretrial Program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2016. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 'KL,e;6 � rA Budget and Management Services City Attorney's Office CA13796 R-2 August 4, 2016 rt°x[ rAca:714-t., , +mss kv, ow >f 1N µ ♦.yvI. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Fund Balance of the Police Federal/State Seized Assets Fund for Police Equipment, Vehicles, and Construction MEETING DATE: August 16, 2016 • Background: The Police Department requests the use of $398,500 from the fund balance of the Police State/Federal Seized Fund to purchase the following that have not been funded through the Operating Budget: • Replace audio/visual equipment in two police facilities ($47,000) • Upgrade security measures in four areas of Police Headquarters ($180,000) • Security Camera Licenses and Network Port Switches ($43,000) • Funding for confidential informants ($15,000) • Funding for seized vehicles ($10,000) • Four replacement non marked vehicles for investigative personnel ($100,000) • Ductless fume hood ($3,500) Audio/visual equipment compatible with the equipment in the CompStat Room of Police Headquarters will also be installed in the Headquarters' primary conference room and one of the rooms of the Investigative Division. Some public areas of Police Headquarters will be upgraded for security reasons. Additional licenses and port switches are required for building security camera expansion. Funding will also cover the City's share of seized vehicles placed in the Police Department's fleet (the City is required to give 20% of the property's value to the federal government). Four non- marked replacement vehicles are needed for investigative personnel. There is a need in one of the Police facilities to vent various fumes and odors. • Considerations: There is sufficient fund balance in the Police Federal/State Seized Assets Special Revenue Fund to cover this cost. • Public Information: Public information would be made available through the normal Council Agenda process. • Recommendation: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Des -rt - l ; !ency: Police Department City ManagerVit 1 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF 2 THE FEDERAL AND STATE SEIZED ASSET FUND FOR 3 POLICE EQUIPMENT, VEHICLES, AND CONSTRUCTION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $398,500 is hereby appropriated from the fund balance of the Federal and 9 State Seized Asset Fund, with specific fund reserves increased accordingly, to the FY 10 2016-17 Police Department Operating Budget to purchase equipment, vehicles, and 11 building improvements. 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: R/11/ -",/L(;1 Budget and Management Serv'ces City Attorney's Office CA13798 R-1 August 4, 2016 K. PLANNING 1. TRADITIONAL CONCEPTS, LLC/VICTORY BAPTIST CHURCH OF VIRGINIA BEACH, INC. Modification of Conditions to a Conditional Use Permit re religious use, (approved December 8, 1998); and, a Conditional Change of Zoning from R-15 Residential District to Conditional R-10 Residential District at 4125 Indian River Road, re single-family dwellings. DISTRICT 7—PRINCESS ANNE RECOMMENDATIONS: STAFF INDEFINITE DEFERRAL PLANNING COMMISSION APPROVAL 2. ALDI (N.C.) LLC/THREE FIVE MINISTRIES, INC. Conditional Change of Zoning from R- 15 Residential District to Conditional B-2 Community Business District at 929 First Colonial Road re redevelopment to a grocery store DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 3. DIRECT INDEPENDENCE Conditional Change of Zoning from 0-2 Office District to Conditional B-2 Community Business District at 449, 457 and 465 Independence Boulevard re a commercial building DISTRICT 2 - KEMPSVILLE RECOMMENDATION: APPROVAL APPLICANT REQUESTS: DEFERRAL 4. MMR ASSOCIATES, LLC Conditional Change of Zoning from AG-2 Agricultural District to Conditional B-2 Community Business District at 596 Princess Anne Road re storage DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 5. TISHIA HARRISON, ROYALTY SALON/BAXTER ROAD,LLC Conditional Use Permit re a Hair Care Center at 4867 Baxter Road, Suite 103 DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 6. CHERYL MCINTOSH /CHRISTIAN CHURCH UNITING Conditional Use Permit re a Child Care Education Center within a religious use (church) at 6049 Indian River Road DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 7. VIRGINIA GENTLEMAN FOUNDATION, INC. and CITY OF VIRGINIA BEACH for a Conditional Use Permit re Forestry at 1181 Prosperity Road. DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 8. DIVARIS CORNER, LLC Conditional Use Permit re public or private colleges and universities at West Retail Unit B, 4636 Columbus Street DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 9. CITY OF VIRGINIA BEACH: a. Ordinance to ADOPT the 2016 City of Virginia Beach Outdoors Plan as a component of the Comprehensive Plan—It's Our Future: A Choice City. b. Ordinance to AMEND Sections 1601, 1603 and 1605 of the Coastal Primary Sand Dune Zoning Ordinance pertaining to a definition of a Sand Management Permit, the fee and the placement of signs for such permit RECOMMENDATION: APPROVAL ,047,•"31Z134 •1 y, . .0 ra3S aa - 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,August 16,2016 at 6:00 p.m.,at which time the following applications will be heard: DISTRICT 5-LYNNHAVEN ALDI(N.C.)LLC/THREE FIVE MINISTRIES, INC.Conditional Change of Zoning from R-15 Residential District to Conditional B-2 Community Business District. 929 First Colonial Road(GPIN 2408605805) DISTRICT 7-PRINCESS ANNE TRADITIONAL CONCEPTS, LLC/VICTORY BAPTIST CHURCH OF VIRGINIA BEACH, INC. Modification of Conditions to a Conditional Use Permit (Religious Use) approved by City Council on December 8,1998;Conditional Change of Zoning from R-15 Residential District to Conditional R-10 Residential District. 4125 Indian River Road (GPIN 1474534410). Comprehensive Plan: Suburban Area. Proposal is for 14 single-family dwellings(density of 1.71 units per acre). DISTRICT 2-KEMPSVILLE DIRECT INDEPENDENCE Conditional Change of Zoning(0-2 Office District to Conditional B-2 Community Business District) 449, 457& 465 Independence Boulevard (GPINs 1476594453,1476595337,1476596300) DISTRICT 2-KEMPSVILLE TISHIA HARRISON, ROYALTY SALON / BAXTER ROAD, LLC Conditional Use Permit(Hair Care Center)4867 Baxter Road Suite 103(GPIN 1476170757) DISTRICT 1-CENTERVILLE CHERYL MCINTOSH / CHRISTIAN CHURCH UNITING Conditional Use Permit(Child Care Education Center within a Religious Use)6049 Indian River Road(GPIN 1456521690) DISTRICT 6-BEACH VIRGINIA GENTLEMAN FOUNDATION, INC. & CITY OF VIRGINIA BEACH/CITY OF VIRGINIA BEACH Conditional Use Permit (Forestry) 1181 Prosperity Road. (GPIN 2416708636) DISTRICT 4-BAYSIDE DIVARIS CORNER,LLC Conditional Use Permit(Colleges and Universities,public or private)4544 Columbus Street(GPIN 1477447510) DISTRICT 7-PRINCESS ANNE MMR ASSOCIATES,LLC Conditional Change of Zoni • (AG-2 Agricultural District to Conditional B-2 Community Business District)596 Princess Anne Road(GPIN 2308992078) CITY OF VIRGINIA BEACH An Ordinance to adopt the City of Virginia Beach Outdoors Plan 2016 - A master plan for the parks and recreation system, as a component of the Virginia Beach Comprehensive Plan-It's Our Future: A Choice City,which will supersede the Virginia Beach Outdoors Plan 2008 and will contain an assessment of the recreation land and facility assets and recommendations for sustainable management and future capital improvements. CITY OF VIRGINIA BEACH An Ordinance to Amend Sections 1601,1603&1605 of the Coastal Primary Sand Dune Zoning Ordinance pertaining to a Definition of a Sand Management Permit,the fee for such permit and the placement of signs for such permit. All interested parties are invited to attend. Ruth Hodges Fraser,MMC City Clerk Copies of the proposed ordinances, resolutions, and amendments are on file and may be examined in the Department of Planning or online at htto://www.vbgov.com/oc For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. BEACON:JULY 31,2016&AUGUST 7,2016 -13- AGENDA REVIEW SESSION ITEM#44388 L8. Petitions of THE CITY OF VIRGINIA BEACH, for the discontinuance. closure and abandonment of portions of the following(BEACH-DISTRICT 6): a. Virginia Place, beginning at the Eastern boundary of Washington Avenue and running Easterly 160.78 feet along the Northern property line, 40.41 feet along the Eastern property line, 155.04 feet along the Southern property line and 40 feet along the East side of Washington Avenue, containing 6,316 square feet. b. A 20-foot alley located between Virginia Beach Boulevard and 18"' Street, beginning at the Western boundary of Cypress Avenue and running Westerly 200.07 feet, containing 3,997 square feet The City Attorney advised the applications need to be DEFERRED until the City Council Session ofJanuary 12, 1998,to provide the appropriate ordinances.In implementing the new procedure,the ordinances have not been drafted. ITEM#44389 BY CONSENSUS,the following items shall compose the PLANNING BY CONSENT AGENDA. 1.1. Applications re Providence Road and Old Princess Anne Road (KEMPSVII.I.F- DISTRICT 2): a. RICHARD IRAHENBILL,JR.and REAL INVESTMENTS, INC.,for the discontinuance, closure and abandonment of a portion of unimproved Providence Road , beginning at the Western boundary of Old Princess Anne Road and running Easterly 399.10 feet along the Northern boundary of Providence Road,containing 20,526 square feet b. REAL INVESTMENTS,INC,a Virginia Corporation,for a Change of Zoning District Classification from R-10 Residential District to Conditional R-7.5 Residential District at the Northwest intersection of Old Princess Anne Road and Providence Road(4509 Old Princess Anne Road),containing 3.4 acres J.2. Application of LARRYMEYERSforanAmendmenttothe Green Run Land Use Plan to allow an automobile repair facility(All Tune&Lube)on the West side ofLynnhaven Parkway,North of Princess Anne Road, (1943 Lynnhaven Parkway), containing 29,098 square feet (ROSE HALL-DISTRICT 3). 14. Application of VICTORY BAPTIST CHURCH for a Conditional Use Permit for a church and day care center on the West side of Indian River Road,2,000 feet more or less South of Elbow Road,containing l0 acres(PRINCESS ANNE-DISTRICT 7). J.S. Application of the CHURCH OF THE HOLY FAMILY- FATHER RICHARD MOONEY for a Conditional Use Permit for a church(expansion)at the Southwest intersection of North Great Neck Road and First Colonial Road(1279 North Great Neck Road)containing 9.629 acres(LYNNHAVEN-DISTRICT 5). December 8, 1998 ii# - . , 7 / :„,),\,-/_____,,'''" ..., ., . , 171-------ir. .k„, •,. IIFIPP , L_Iir) . /At ./ ....--- • . .„.„.., *0 i ii, ... ., _ , , , 10 , 0 ,- -05 ,#...,, , ...fp I.. • .0 4411* j .c\A s ,:410-44 ,...-4 4, .. olp .,, 1 * N. "'• CC1 • • ' V'' --- - N''. %.1 14t • . ... / 10 % r wt CK .....--.. / ,. ,-- •^�(,\NIA'-fit �u Sj Ce ` cJ lt, %yi CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (a) VICTORY BAPTIST CHURCH [Applicant and Property Owner] — Modification of Conditions (Reduction of area subject to Conditional Use Permit for a Religious Facility approved by City Council on December 8, 1998) (b) TRADITIONAL CONCEPTS [Applicant] VICTORY BAPTIST CHURCH [Property Owner] — Conditional Rezoning (R-15 Residential District to Conditional R-10 Residential District) 4125 Indian River Road (GPIN 1474534410). COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: August 16, 2016 • Background: The subject site is ten acres in area, and is currently occupied by Victory Baptist Church, two single-family dwellings, and several accessory structures. A Conditional Use Permit allowing the church was approved by City Council on December 8, 1998. The church is requesting a modification of the Use Permit to allow a reduction of the size of the site devoted to the church to 1.8 acres. The reason for the church's request is a proposal by Traditional Concepts to develop the remaining acreage for a subdivision consisting of 14 single-family dwellings (one of which is the existing parsonage). To develop the site as proposed, a Rezoning from R-15 Residential to Conditional R-10 is requested. ■ Considerations: By letter to the City Council from the applicant's representative, dated August 9, 2016, the applicants are requesting Indefinite Deferral. The applicant notes that the purpose of the deferral is to ensure "consensus on the necessary repairs to the existing stormwater management facilities serving Hillcrest Meadows prior to any vote." The stormwater management issue is discussed on the next page. The development proposed by the applicant results in a gain of two additional lots beyond what could be achieved under the existing zoning. A by-right development based on R-15 Residential District dimensional requirements would yield 12 lots, and one of the 12 would be a lot with the existing parsonage. The proposed 14-lot subdivision is designed to be compatible to the adjacent residential subdivisions to the southeast and northwest with regard to lot area and lot width. Three of the five lots on the northwest side of the site, adjacent to the Hillcrest Meadows subdivision (zoned R-15 Residential) are 15,000 square feet or greater, and the lot widths are consistent with that required for the R-15 District. Victory Baptist Church /Traditional Concepts Page 2 of 3 On the southeast side of the site, there are five lots (and a small portion of a sixth) adjacent to the Indian River Meadows subdivision. Indian River Meadows is zoned R-10 Residential, which has a minimum lot area requirement of 10,000 square feet and a minimum required lot width of 80 feet. The five adjacent lots range in size from 16,460 square feet to 18,526 square feet, well exceeding the size of the adjacent lots in Indian River Meadows. Additionally, the five lots are shown with widths of 80 feet to 100 feet. Such width meets the required minimum width of 80 feet for the R-10 Residential District and is consistent with the widths of the adjacent lots in Indian River Meadows. During the Planning Commission's public hearing on these applications, there was considerable discussion regarding the stormwater management facilities located on the church's property. Stormwater management on the site consists of a detention facility that overflows into a 15-inch pipe. That pipe runs approximately 625 feet to an outfall into Gum Swamp. The stormwater facilities on the church's property serve not only the church, but also the Hillcrest Meadows subdivision, and the facilities are covered by a public easement. The residents have experienced a continual problem with flooding during storm events, and have reported those to the City. Based on their reports, City staff has investigated several times during the past several years, found that the pipe is in poor condition, and attempted a number of repairs. The Planning Commission requested that staff investigate the stormwater management issue further and determine the best solution to the flooding problem. Since the time of the Planning Commission Hearing, the Department of Public Works has further evaluated the stormwater system and determined that replacement of the pipe is needed due to its continuing deterioration. A study is underway to ensure the pipe and the detention basin are adequately sized. If the study determines changes are necessary, the pipe will be increased in size and the basin modified as necessary. The replacement will be done as soon as is possible under the Capital Improvement Program's stormwater maintenance projects. A specific date for the work to begin has not yet been determined. The applicant states in the August 9 letter, his "clients want to see this malfunctioning system fixed before any development on [the applicant's] property is commenced." Accordingly, since it is not yet known when work will commence on the repair, the applicant is requesting the Indefinite Deferral. 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 public hearing. • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 8-3. Victory Baptist Church /Traditional Concepts Page 3 of 3 The applicant, by letter to the City Council from the applicant's representative, dated August 9, 2016, requests Indefinite Deferral to allow time for a solution to the stormwater management problem to be determined and implemented. ■ Attachments: August 9, 2016 Letter from Applicant Requesting Indefinite Deferral Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffer Agreement Recommended Action: Staff recommends Indefinite Deferral. Planning Commission recommends Approval. Submitting De• : • s ency: Planning Department }r-'V City Manager: A ►�„Imo'. RIM SYKES, POURDON, A L AHERN & LEVY, P.C. ATTORNEYS AND COUNSELORS AT LAW PEMBROKE OFFICE PARK- BUILDING ONE JON M. AHERN 281 INDEPENDENCE BOULEVARD R. EDWARD BOURDON, JR. FIFTH FLOOR JAMES T. CROMWELL VIRGINIA BEACH, VIRGINIA 23462-2989 L. STEVEN EMMERT ANGELINA S. LEE TELEPHONE: 757-499-8971 August 9, 2016 KIRK B. LEVY FACSIMILE: 757-456-5445 MICHAEL J. LEVY HOWARD R. SYKES, JR. LEONARD C. TENGCO Via Email&Hand Delivery 'Admitted in Virginia end Washington DC The Honorable William D. Sessoms,Jr. Councilwoman Barbara Henley Members of the Virginia Beach City Council c/o Ruth Hodges Fraser, City Clerk Office of the City Clerk City Hall Building #i, Room 281 Municipal Center Virginia Beach,Virginia 23456 Re: Application of Traditional Concepts, LLC and Victory Baptist Church of Virginia Beach, Inc. for Modification of Conditions applicable to a Conditional Use Permit for a Religious Facility and an Application for Conditional Rezoning from Unconditional R-15 Residential District to Conditional R-io Residential District on 8.2± acres of a io acre parcel located at 4125 Indian River Road, Princess Anne District City Council Public Hearing:August 16,2016 Dear Mayor Sessoms, Councilwoman Henley and Members of City Council: On behalf of the applicants on the above referenced applications, we would respectfully request City Council's granting our request for an indefinite deferral of these applications. As we promised the Planning Commission and the neighboring residents of Hillcrest Meadows, we want there to be consensus on the necessary repairs to the existing stormwater management facilities serving Hillcrest Meadows prior to any vote on this rezoning request. To be clear, in no way is it the responsibility of either of my clients to either identify or fix the broken components of the public stormwater management facilities for Hillcrest Meadows, however, as a good neighbor, my clients want to see this malfunctioning system fixed before any development on their property is commenced. Si, - - •, dward Bourdon, Jr. REBjr/arhm cc: Pastor Leslie Smith,Victory Baptist Church of Virginia Beach,Inc. Wayne Crosby,Traditional Concepts,LLC Barry Frankenfield,Director,Department of Planning Dr.Stephen J.White,Department of Planning Rodney Flores,The Pinnacle Group Engineering H:\AM\Conditional Rezoning\Traditional Concepts\Sessoms_Ltr 8-o9-16.doc Applicant Agenda Item Proppperty Owner Traditional VictoryConcepts Baptist Church& Victory Baptist Church Public Hearing June 8, 2016 Na.d ACity Council Election District Princess Anne D1 Virginia Beach Request '- e MYtun Way Modification of Conditions (Reduction of d'` �� � � 4�.4 area subject to Conditional Use Permit for a a�' ,,,�°las el tzt. Religious Facility approved by City Council on �` �' o' m'° �a$ pf`"� 4�\� y\� 6 December 8, 1998) i Conditional Rezoning(R-15 Residential `eF ''s, ivy! District to Conditional R-10 Residential District) ,0„.' ,/ �s _,.-1 I #$o Staff Planner 4r� i Stephen White ' / 40, 44 4 'q� jd Location 65.70 dB DK / 4125 Indian River Road % G P I N x 7------70-75 ee DNL 14745344100000 Site Size 10 Acres o 1 4 .44 "Ai L R461°P) c •4- AICUZ , '` C� !s, :::÷741110 \h ?4) Less than 65 dB DNL a � . 4 ,F, *roc? '44 Existing Land Use and Zoning District ,kaw, \tet # ,t ,4 4=, QFC ti. er 4s b� c Church and parsonage/R-15 Residential R U (;/ # >, '� .,<>›,;,0;, . v•, C District il r ,a©, .'k ` 1N44 ♦4.•,$.+ Surrounding Land Uses and Zoning Districts �, Q © R.,,�`�. .w t.11,410 R ` ? `c>4 fl �!!�{ North ©ti 4; `'' r p Cr is '0,‘ ,. \^ O Single-Family Dwellings/R-15 Residential , b e t sM, Caitlltlonat R•70 "®' /7/, :4,7: :,., (Open Space Promotion) 4 { k ti r d� South �`+ . ' Gum Swamp/R-15 Residential R- d: East '' Rdf� Single-Family Dwellings/Conditional R-10 Residential West Single-Family Dwellings/R-15 Residential Traditional Concepts&Victory Baptist Church Agenda Item D1 Page 1 Background and Summary of Proposal • The subject site is ten acres in area, and is currently occupied by Victory Baptist Church,two single-family dwellings, and several accessory structures.A Conditional Use Permit allowing the church was approved by City Council on December 8, 1998 (conditions of Use Permit are listed on page 9). • According to the 1998 staff report,the church was to be built in four phases,eventually consisting of a fellowship hall/gymnasium, classrooms,and a 300-seat sanctuary. In 2008,the church requested a Modification of Conditions of the 1998 Use Permit for the purpose of allowing a single-family dwelling to be moved from the adjacent property onto the church site.The dwelling was to have been demolished to allow for the development of the single-family residential community now located on that site.The conditions of the Modification are listed on page 9. • The existing church building is a two-story structure with 10,980 square feet of floor area. • There are currently 64 parking spaces on the site,slightly exceeding the required minimum number of 60 spaces for a church with a sanctuary capacity of 300 people.A parking lot with 17 spaces and a turn-around is located between the building and Indian River Road.A second parking lot with 47 spaces is located adjacent to the church on the northwest side of the property. Modification of Conditions • Victory Baptist Church requests a modification of the current Use Permit for a reduction of the area of the site subject to the Use Permit.The request will reduce the area to 1.8 acres.Section 240.1 of the Zoning Ordinance, which provides the specific standards for religious facilities, states that the minimum lot area for a religious use is three acres;therefore,the proposed lot area for the church will be deficient by 1.2 acres. • The Zoning Ordinance allows the City Council (and the Planning Commission through its recommendation to City Council)to permit such deviations. Section 221(i)states that the City Council may permit,for"good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties," reasonable deviations from certain specified requirements otherwise applicable to the proposed development. One of the 'specified requirements' listed in Section 221(i)is minimum lot area. • A second issue pertains to the side yard setback adjacent to the new roadway that will serve the proposed subdivision.The submitted site plan shows that the distance between the northwestern wall of the church building and the new roadway is 22.8 feet.This setback is deficient by 12.2 feet. For any use other than a dwelling, located within the R-15 Residential District,Section 502(d)(10)of the Zoning Ordinance requires a 35- foot setback for any side yard adjacent to a street.The cause of the reduced setback of 22.8 feet is the limited space between the church building and an existing stormwater detention pond located to the west of the building.The distance between the building and the impoundment easement is approximately 80 feet. Within that area is the proposed 50-foot wide street right-of-way.There is,therefore, insufficient area for both the 50- foot right-of-way and the required 35-foot setback. • As with the deficiency in the minimum lot area discussed above,Section 221(i) is also applicable to yard setbacks, allowing the side yard deficiency to be addressed as part of the modification of the Use Permit. Traditional Concepts&Victory Baptist Church Agenda Item D1 Page 2 • The 1.8 acres remaining for the church will consist of the immediate area around the church and a reconfigured parking lot with 72 spaces that will wrap around the southeastern side of the building.The lot for the church will remain zoned R-15 Residential. • An area for a trash dumpster is located behind the church.The dumpster area is required to be screened, and Staff is recommending a condition to ensure compliance with that requirement. • The rear of the church site will be adjacent to Lot 14.While there is no requirement for any type of screening or buffering,Staff finds that a Category I Landscape Screen planted along the southern lot line of the church will provide a minimal but effective buffer between activities that may occur on the church site and the future residential dwelling. A Category I Landscape Screen consists of plants with a minimum height at planting of two to three feet, reaching a height of eight to ten feet at maturity.The intent is to provide dense landscaping to visually and physically separate uses of different types. Conditional Change of Zoning • Traditional Concepts, LLC requests that the 8.2 acres of the site that will no longer be subject to the Use Permit be rezoned from R-15 Residential to Conditional R-10 Residential. • Site Layout o There are 14 lots shown on the proffered plan. One of those lots (numbered 13 on the plan) is for the existing house on the parcel,which will remain. o By-right development of the site under the existing zoning of R-15 Residential District would yield 12 lots (including the existing house). o The applicant has designed a subdivision that strives to be compatible to the adjacent residential subdivisions to the southeast and northwest with regard to lot area and lot width.Three of the five lots on the northwest side of the site, adjacent to the Hillcrest Meadows subdivision (zoned R-15 Residential)are 15,000 square feet or greater.The other two lots (numbered 1 and 2)are within 300 square feet of 15,000. Additionally, all five of the lots meet the minimum required lot width for the R-15 Residential District. o On the opposite side of the site,adjacent to the Lot Number Lot Width Lot Area southwestern lot line, is the Indian River Meadows (m feet) (in square residential subdivision,which is zoned R-10 feet) Residential.The proposed lots(numbered 10 1 119.88 14,706 through 14)adjacent to that subdivision exceed 2 111.50 14,740 16,460 square feet of lot area.These five lots have 3 100.00 15,000 lot widths of 80 feet to 100 feet. Such width meets 4 100.00 15,000 the required minimum lot width of 80 feet for the 5 100.00 15,000 R-10 Residential District and is consistent with the 6 84.00 22,384 widths of the adjacent lots in Indian River 7 87.00 34,880 Meadows. 8 92.00 19,571 9 80.00 14,018 o The differences in the size and configuration of the 10 83.00 16,512 lots as proposed results in a subdivision where 11 11 81.40 16,460 of the 14 lots are 15,000 square feet or greater 12 82.47 16,625 (highlighted in blue in the table to the right), but 8 13* 100.00 18,526 of the 14 lots(shaded in yellow/orange in the 14 80.00 17,067 table) have lot widths between 80 feet(the * Lot being established for the existing house. minimum for R-10)and 100 feet (the minimum for Traditional Concepts&Victory Baptist Church Agenda Item D1 Page 3 R-15). o The dwelling unit density for the proposed project is 1.8 units per acre,which is the lowest in the surrounding area. Dwelling unit density of neighborhoods in the surrounding area are as follows: 3.60 du/acre in Indian River Meadows, 2.25 du/acre in Hillcrest Farms,and 1.97 du/acre in Hillcrest Meadows. • Dwellings o The proffered plan shows four house designs.Three of the houses are two-story and the other is one-and- one-half-story.The overall architectural style of the houses is traditional suburban with various elements of cottage,vernacular, French chateau,and colonial styles. o Each of the two-story houses will contain a minimum of 2,400 square feet of living area and no less than a two-car garage. Houses less than two-stories will contain a minimum of 2,200 square feet of living area and no less than a two-car garage. o The primary exterior building materials will consist of a combination of architectural shingles, Hardieplank® siding,stone, brick, premium vinyl siding,fiber-cement siding, and/or wood. ';.,*b �tae d�:3_�p % 6iC^i? fir: ._., {> o - Zoning History w s.r oan • # C fi lt a,sMrr N'i ReCONst 1 REZ(R-15 to Conditional R-10) Denied 05/27/2014 O= 2 CRZ (R-15 to Conditional R-10) Approved 05/27/2008 �,. ;; c 4J 3 CUP (Religious Facility—Church with o�.c �� ©c p� Cdr d Childcare) Approved 12/08/98 4 MOD(Modification of Conditions—addition of SF dwelling on site) Approved 08/12/2008 o CUP (Religious Facility—Church) Approved 12/08/1998 o • 5 REZ (R-15 to R-15 [Open Space Promotion]) Approved 12/12/88 AAPIifatiOet 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 This property is located within the Suburban Area.The general planning principles for the Suburban Area focus on preserving and protecting the overall character,economic value,aesthetic quality of the stable neighborhoods, and reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality, and attractiveness of site and buildings, improved mobility,environmental responsibility, livability, and effective buffering with respect to type,size, intensity,and relationship to the surrounding uses (pp. 3-1, 3-2, Policy Document,2009 Plan). Traditional Concepts&Victory Baptist Church Agenda Item D1 Page 4 Natural and Cultural Resources Impacts • The site is adjacent to Gum Swamp,which is associated with the North Landing River and is part of the Southern Watershed.The applicant has delineated on the submitted plan the extent of the Southern Watershed Management Area. • The rear portions of Proposed Lots 7 and 8 are impacted by the Special Flood Hazard Area (SFHA) as defined in Section 1.3 of the Floodplain Ordinance (Appendix K of the City Code). Moreover,the impacted areas are Floodplain Subject to Special Restrictions.As a result, per Section 200(c),the impacted areas of the two proposed lots cannot be included in determining minimum lot area requirements.The applicant,therefore,did not include those areas, and the size of each lot as shown on the proffered site plan reflects this. • Gum Swamp is part of the"Stumpy Lake/North Landing River Greenway."The greenway corridor begins at Stumpy Lake and follows Indian River Road to the North Landing River and Back Bay. Planning efforts for the Greenway include opportunities to connect this greenway with Chesapeake and North Carolina trail systems as well as a larger regional trail system known as the East Coast Greenway.The East Coast Greenway is planned as a long-distance family friendly bike trail from Maine to Florida. • The site is located within the Stumpy Lake Dam Inundation Zone(see page 13 for a map showing this zone).The "Dam Safety Act" (Chapter 6,Article 2 of the Virginia Code) provides regulations pertaining to dams and impoundment structures. Specifically,Section 10.1-606.3 states the following with regard to development proposed within any dam inundation zone: If the Department [of Conservation and Recreation] determines that the plan of development would change the spillway design flood standards of the impounding structure,the locality shall not permit development as defined in § 15.2-2201 or redevelopment in the dam break inundation zone unless the developer or subdivider agrees to alter the plan of development so that it does not alter the spillway design flood standard required of the impounding structure or he contributes payment to the necessary upgrades to the affected impounding structure pursuant to§ 15.2-2243.1. The City's Department of Public Utilities is the 'owner'of the Stumpy Lake Dam.Among the responsibilities of the owner of a dam or impoundment are the mapping of a dam break inundation zone for each dam,and the submittal of a request to DCR that it make a determination of the potential impacts of any proposed development within the zone on the spillway design flood standards required of the dam within the zone. In February, Public Utilities requested such a determination from DCR. Based on DCR's review of the residential subdivision proposed by the applicant, in conjunction with other developments also proposed in the zone, DCR determined that the analyzed developments may proceed without the need to upgrade the dam spillway.There are, however,critical ground elevation levels related to that study,and the proposed developments must not be constructed below those levels; otherwise,the analysis becomes invalid.The applicant is aware of the requirements and is working with the City to incorporate into the development site plan the construction measures that will be necessary to meet those requirements. Traditional Concepts&Victory Baptist Church Agenda Item D1 Page 5 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-109 ADT Indian River Road 7,863 ADT 1 13,600 ADT (LOS 4"C") Sunday-406 ADT 16,200 ADT'(LOS°"E") Proposed Land Use 3-243 ADT Sunday-536 ADT 'Average Daily Trips 2as defined by one SF Sas defined by 14 SF dwellings(140 4 LOS=Level of Service dwelling(10 ADT)and 300- ADT)and 300-seat church(99 ADT seat church(99 ADT Weekday/396 ADT on Sunday) Weekday/396 ADT on Sunday) Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Indian River Road at this location is designated as a two-lane undivided minor suburban arterial.The 'Primary Roadway Network Plan Map,'a component of the 2016 Comprehensive Plan, recommends this portion of Indian River Road be improved to a Minor Arterial up to four lanes. The 'Primary Roadway Network Plan Map'also shows the alignment for the proposed "Southeastern Parkway and Greenbelt(SEPG)" passing through this area, including an interchange with Indian River Road.The current alignment for the SEPG was established in 2005 as part of the preparation of the Environmental Impact Statement (EIS).That alignment is located within the southern 300 feet of the subject site(approximately 2.23 acres).The applicant worked with staff during the subsequent months after submittal of the applications and designed three scenarios of how the site might be developed that would be fair to the applicant and provide the City with the area of the site identified as the alignment for the SEPG. Simultaneous with the conclusion of that work,the City Council was provided a briefing on the results of a traffic modeling study for the SEPG.The study results indicated that the southern portion of the SEPG, including the section south of the Indian River Road interchange,would provide limited benefit to the overall transportation system. Based on this new information, and internal discussion among City teams and leadership,the conclusion was reached that the City not purchase the rear of the subject site;therefore,the applicant was informed that the rear of the site could be used for development. Public Utility Impacts Water&Sewer Water and sewer is available to the site.There is a 10-inch water and a 10-inch sewer line located within the Indian River Road right-of-way.There are two existing pairs of water meters and sewer line lateral cleanouts located on the subject site. Traditional Concepts&Victory Baptist Church Agenda Item D1 Page 6 School Impacts Current Enrollment Capacity Generation 1/Change (September 2015) New Castle Elementary 763 824 The proposed change of the zoning district Landstown Middle 1,464 1,634 from R-15 Residential to R-10 Residential Landstown High 2,208 2,385 results in no difference between the number of students generated by new houses developed with either zoning district category. 1"Generation"represents the number of students that the development will add to the school. "change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). Evaluation and Recommendation The applicant has designed a subdivision that strives to be, and Staff finds is,compatible to the adjacent residential subdivisions to the southeast and northwest.This compatibility is achieved through the use of lot size and lot width that is similar to the size and width of the lots in each adjacent subdivision. On the northwest side of the site,there are five lots adjacent to the Hillcrest Meadows subdivision. Hillcrest Meadows is zoned R-15 Residential,which has a minimum lot area requirement of 15,000 square feet and a minimum required lot width of 100 feet. Of those five adjacent lots,three are 15,000 square feet or greater and the other two lots are within 300 square feet of 15,000.Additionally,all five of the lots meet the minimum required lot width for the R-15 Residential District. On the southeast side of the site,there are five lots (and a small portion of a sixth)adjacent to the Indian River Meadows subdivision. Indian River Meadows is zoned R-10 Residential,which has a minimum lot area requirement of 10,000 square feet and a minimum required lot width of 80 feet.The five adjacent lots range in size from 16,460 square feet to 18,526 square feet,exceeding the minimum lot areas for both the R-15 and R-10 Districts,as well as the size of the adjacent lots in Indian River Meadows.Additionally,the five lots are shown with widths of 80 feet to 100 feet.Such width meets the required minimum lot width of 80 feet for the R-10 Residential District and is consistent with the widths of the adjacent lots in Indian River Meadows. Finally,the applicant's proposed development ensures compatibility with the adjacent communities through the use of architectural styles and building materials that are consistent with the houses in those communities. Based on the above, and Staff's finding that the proposed development is consistent with the recommendations of the Comprehensive Plan for the Suburban Area,approval of the Conditional Change of Zoning and the Conditional Use Permit is recommended with the conditions and proffers below. Traditional Concepts&Victory Baptist Church Agenda Item D1 Page 7 Recommended Conditions 1. All conditions of the 1998 Conditional Use Permit as well as the conditions of the 2008 Modification are null and void. 2. Development of the church site shall be substantially as shown on the Preliminary Subdivision Plan entitled "ENCLAVE AT VICTORY,"sheet C-2, dated 01/15/16, prepared by Pinnacle Group Engineering, Inc.Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Preliminary Subdivision Plan"). 3. As provided for by Section 221(i)of the Zoning Ordinance,finding that good cause has been demonstrated and there will be no significant detrimental effects on surrounding properties, a deviation from the three-acre minimum lot area for a religious facility, as provided for in Section 240.1 of the Zoning Ordinance, shall be permitted. Said deviation shall be for a reduction of the minimum lot area to 1.7 acres. 4. As provided for by Section 221(i)of the Zoning Ordinance,finding that good cause has been demonstrated and there will be no significant detrimental effects on surrounding properties,a deviation from the 30-foot minimum required side yard setback adjacent to a street,as required for uses other than dwellings in the R-15 Residential District shall be permitted.Said deviation shall be for a reduction of said setback to 22.8 feet. 5. Any trash dumpster on the site shall be enclosed by a solid brick wall (brick substantially matching the existing brick on the building) or a vinyl fence of six feet in height. No dumpster shall be located within 40 feet of the Lot 14 on the plan identified in Condition 2. 6. A Category 1 Landscape Screen shall be installed along the lot line of the lot numbered 14 on the plan identified in Condition 2. Proffers of Zoning Change 1. When the property is developed, it shall be as a single family subdivision with no more than fourteen (14)single family residential lots,substantially in accordance with the Preliminary Subdivision Plan designated "ENCLAVE AT VICTORY",sheet C-2 dated 01/15/16, prepared by Pinnacle Group Engineering, Inc.,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(the "Preliminary Subdivision Plan"). 2. The total number of residential lots permitted on the Property shall not exceed fourteen (14) including Lot 13 upon which the existing Church parsonage shall remain. Each new two-story home shall contain a minimum of 2,400 square feet of living area and no less than a two(2)car garage.Any one-story ranch home shall contain a minimum of 2,200 square feet of living area and no less than a two (2)car garage. 3. The architectural design of the residential dwellings will be substantially as depicted on the four(4)elevations exhibited on the Preliminary Subdivision Plan.The primary exterior building materials permitted on the new homes shall be limited to some combination of:architectural shingles, hardie plank,stone, brick, premium vinyl siding,fiber cement siding,and/or wood. 4. Further conditions may be required by the Grantee during detailed site plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Traditional Concepts&Victory Baptist Church Agenda Item D1 Page 8 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. Traditional Concepts&Victory Baptist Church Agenda Item D1 Page 9 Conditions of 1998 Use Permit 1. Because the Southeastern Greenbelt and Parkway will impact the rear portion of this site, no permanent structures will be allowed to be constructed within 300 feet of the rear property line. 2. Development of the church shall substantially adhere to the site plan by Verebely and Associates entitled, "Church Facility for Victory Baptist Church,"dated September 25, 1998 and on file with the Planning Department. 3. The architecture of the proposed church shall substantially adhere to the rendering by Verebely and Associates entitled, "Church Facility for Victory Baptist Church,"dated September 25, 1998 and on file with the Planning Department. Building materials and colors shall consist of red colonial brick on the front portion of the church. The main building for Phase 1 will be dark brown pm-engineered metal. All roofing will be dark brown metal and trim will be dark brown. Phases II, rn and IV will be red colonial brick. As these additions are added,the pre-engineered metal building will be covered so that the entire structure will have a brick facade upon completion of all phases. Conditions of 2008 Modification 1. All conditions,with the exception of Number 2,of the Conditional Use Permit granted by the City Council on December 8, 1998, shall remain in affect. 2. Condition Number 2 of the December 8, 1998, Conditional Use Permit is deleted and replaced with the following: The property shall be developed in substantially accordance to the site plan prepared by John E. Sirine&Associates,LTD,dated May 16,2008,entitled,"Site Plan of 10.003 Acres,Property of Trustees of Victory Baptist Church for Victory Baptist Church,"and has been exhttited to the City Council and is on file with the Planning Department. 3. The proposed two(2)-story dwelling and the existing one(1)-story dwelling,as depicted and identified on the plan in Condtion 2 above, shati not be rented or sold as a dwelling unit, used for rehabiitation facilities of any kind,or for any other residential use not approved with this Conditional Use Permit. The use of the two(2)dwellings shall be kilted to a parsonage, day care(consistent with the original Use Permit),andlor church offices and church meeting space only.Any other uses than those listed herein as permitted shall require a modification to this Conditional Use Permit. 4. A Certificate of Occupancy shall be required prior to issuance of any final releases. Should the dwelling unit(s)change use over the course of time from one of the uses fisted in Condition 3 above to another fisted use,all Building Code requirements shall be met, and a request to change the use shall be filed with the Building Official's Office. 5. The proposed two(2)story dwelling and the existing dwelling,as depicted and identified on the plan in Condition 2 above,shall be connected to both City water and sewer. Traditional Concepts&Victory Baptist Church Agenda Item D1 Page 10 Proffered Site Layout and House Elevations .._._ .�`.::,® rr aarrr 4„"gym".'t -.K «.an1., _,. I_ Wild N. 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OrmW 1 .0 aZ M *U Eam N 4 dap-,�. _ \\ >IS < w <a ,,♦ NN m • OOOO F 1., Z \1\Y1.1 �jj p m N N S 11 N Or pO.O II H <m �4 4�4 O UO m V p 7YY 11 Z 4 m p 8m U I p-, aw "O'N O vi > 1' ti<Z N 1-K m A O m 0- a O a Z`4< 'S T f W ✓. / N y p o gg aIt N N Z z 11 e ' y xd G. N ,,w W Q w O Q N F< Om ¢..F ONO W(Y 0 5 .' G.0. ,z2-2w j O II > K .- ".* 7=',.'0 , Y a =act N m 2 2 w ZN >�l.r bBF.e- -, 40 Q Um do ON O9 m p 5g,55 ¢ QO s a Q ott O4 WW { W OO GOJ d N X00 C aO OM Q(Op]COp] OK a L',. ; aW 3-% t` $-' N$ 89,200 K'_!!,' oq O 9- m. `-',4 is x am? ?. 5ff z aN LLc 3 tt z� v v a� �a w a !c 4 u. �m N O v N 6 h 6 Oi O M'2 Y f , } '— -_ -rte _ 7S � ol I t $ ;o-.. ��&l a , ( -g- qfIE rt r! -!_ 4.44 a .'- C s ' b A I _I_ i; o '_s I- .:,.1.0 IO ' �� R1l '' f- 1 t mm3 OSE 8 i; II $ asn4.1_ - .L ' Jas - m A 4 a d i. IC. I1 I � Fa° '. 3 7 SRI ---- — - K 3 t, .i_ i44 6, o E.' O • R- M ✓wi; .. R nI s1 g. d c WM % i ._fie . 1 r-. M Y .44 I '8 o6 / k _ ,l Na� A m 8 , o. \\\ VT1k! 'N ,../ '-' - . ::,,;,-_-_,... Traditional Concepts &Victory Baptist Church Agenda Item D1 Page 12 Proffered House Elevations _ . .., ,, _ • -.: ,..._ . ,7 44- .. ' % ‘,6 . _ • 1 , tri . „t , —„-, . . 1 ,. , ., 41-1/4 4 I I '-...--4,--, I i il 0 1* ... t.tir ...1%, Cottage Home Low country Home ...... .4,,,&, . ..,.. dee" rr t...... ' .4.,... I ,,- , . 44'14 4 ..;,. 1 ...liaii.4711 . . ,... Welt I I f I irl C174 Mi VI '' 4C:7 I 3 Car Garage Home Traditional Home Traditional Concepts &Victory Baptist Church Agenda Item D1 Page 13 w l Stumpy Lake Dam Inundation Zone . _ \ :. _ / , ,.,_ ,* \ ,,,,,,- ,,,, pJY{''' �r /4l � i-'-----7/ ' \ / O T C a • ��� 1 .0 „ ,i ' \ � w Ti A.:::`,,.,„ t ..7.-_,,.. ,N \ \ , J xw 4oa , y ')', a• ,tC \C' a ,t . qJ o r5 � � As> srl c W / yi C G,S0.4 r' f �'L a Vy�* W ` et f 49Y ? y E v 6 s' a r a 40 od, 4, a w �' oz . W N J_ H 11) I II H _0 o I Traditional Concepts &Victory Baptist Church Agenda Item D1 Page 14 Site Photos . . ,,- _ —r.,-,_= gi /444*,,Q0 41 4 p 4101"4.—le_ 44 ..... .4.2k a,. \ 'at" 1"gr ,.......1 ,,-----7 , . N'AP .., 10' .,,- ... r 1.011 ' AV \ - e _ -, / g ,/ A 1 t. --- \ A - --) Hilt11; \ ,-..- --:- - — ''s---.,---..-------.._, 0081C __- __ _ ______ _____ • - 3 V.. lir - =a _, __ ......_ b v.. --- „.. , .. ii..8 .u,.., - %-likrow, -- f;6''''' . . ..,.. ? . ‘ - , 7 0 m -----:- 04-, CC 1 i .:,, --- - - 00.t..- 'IN'. 07-ii „.4-,,:',,-,L,,,,,% ,L,,,,. ,,,,I, -. 1 ',,,t,...._ . .....,,i 7- -4 0,-4,,r,e,,..,-A 4,„ a --- ."''::: • Traditional Concepts &Victory Baptist Church Agenda Item D1 Page 15 Disclosure Statement - Rezoning Virginia Beach APPLICANT'S NAME Traditional Concepts, 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 1 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 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 Li License Agreement Wetlands Board • p 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/AT disclosures must be updated two 2)weeks poor to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the applicationisl APPLICANT NOTIFIED OF HEARING DATE 4/16/16 pg NO CHANGES AS OF DATE 5/17/16 1W-1 REVISIONS SUBMITTED DATE Traditional Concepts&Victory Baptist Church Agenda Item D1 Page 16 Disclosure Statement - Rezoning Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Inl Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Traditional Concepts, LLC If an LLC, list all member's names: Wayne Crosby, Manager; Lesli Crosby, 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 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. I-1 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:Victory Baptist Church of Virginia Beach, Inc. If an LLC, list the member's names: Page 2 of 7 Traditional Concepts&Victory Baptist Church Agenda Item D1 Page 17 Disclosure Statement - Rezoning Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) Pastor Leslie W. Smith, President/Director;Carolyn Smith, Director; Norman Smith, Director; Paul Smith, Director; David Springsteen, Director (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 Traditional Concepts&Victory Baptist Church Agenda Item D1 Page 18 Disclosure Statement - Rezoning APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) n Accounting and/or preparer of t ) your tax return I I z Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than 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) ZConstruction Contractors Engineers/Surveyors/Agents Pinnacle Group Engineering,Inc. Financing(include current ❑ Iv mortgage holders and lenders IL selected or being considered to provide financing for acquisition or construction of the property) ZEl Legal Services Sykes,Bourdon,Ahern&Levy,P.C. Real Estate Brokers/ C " Agents/Realtors for current and anticipated future sales of the subject property • S. SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject 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 Traditional Concepts&Victory Baptist Church Agenda Item D1 Page 19 Disclosure Statement - Rezoning 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. E �I Wayne Crosby, Manager 4/13!16 APPU�AN S Np7U PRINT NAME DATE Page 5 of 7 Traditional Concepts&Victory Baptist Church Agenda Item D1 Page 20 Disclosure Statement - Rezoning OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) CC Accounting and/or preparer of your tax return Cn Architect/Landscape Architect/ `, `� Land Planner Contract Purchaser(if other than LJthe Applicant)-identify purchaser — and purchaser's service providers Any other pending or proposed I I purchaser of the subject property LJ (identify purchaser(s)and purchaser's service providers) IXConstruction Contractors ❑ Engineers/Surveyors/Agents Financing(include current TowneBank;Southern Bank&Trust ® ❑ mortgage holders and lenders Company selected or being considered to provide financing for acquisition or construction of the property) El 17 Legal Services Real Estate Brokers/ NIAgents/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 an interest in the subject land or any proposed development C 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 Traditional Concepts&Victory Baptist Church Agenda Item D1 Page 21 Disclosure Statement - Rezoning 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.4E, � 8!�4• �z, Pr. Leslie W.Smith, President 4/13/16 PROPERTY OWNER'S3(%IGNATURE PRINT NAME DATE 1'— Page 7 of 7 Traditional Concepts&Victory Baptist Church Agenda Item D1 Page 22 Disclosure Statement— Use Permit Virginia Beach APPLICANT'S NAME victory Baptist Church of Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals _ Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two I?)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). APPI CANT NOTIFIED OF HEARING DATE S-11.1 f El NO CHANGES AS OF DATE. II o REVISIONS SUBMITTED DA I E Traditional Concepts&Victory Baptist Church Agenda Item D1 Page 23 Disclosure Statement— Use Permit nhti Virginia Beach 11 Check here if the APPLICANT IS .NQT 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:Victory Baptist Church of VirginiE 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) Pastor Leslie Smith, President/Director; Carolyn Smith, Director; Norman Smith, Director; Paul Smith, Director; David Springsteen, Director (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 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. C 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 Traditional Concepts&Victory Baptist Church Agenda Item D1 Page 24 Disclosure Statement — Use Permit ..\13q 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 entitles;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the apolication 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 Traditional Concepts&Victory Baptist Church Agenda Item D1 Page 25 Disclosure Statement — Use Permit APPLICANT Virginia Beach YES {NO SERVICE PROVIDER(use additional sheets if needed) © I I Accounting and/or preparer of Charlie Pittman,P.C. your tax return lArchitect/Landscape Architect/ •�� Land Planner Contract Purchaser(if other than Traditional Concepts,LLC ElILY�JI the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed (� ® purchaser of the subject property t I (identify purchaser(s)and purchaser's service providers) ® Construction Contractors CEngineers/Surveyors/Agents Financing(include current Southern Bank(Keith Gillepsie MI- mortgage holders and lenders I^I selected or being considered to provide financing for acquisition or construction of the property) ® a Legal Services Sykes,Bourdon,Ahern,&Levy,P.C. Real Estate Brokers/ Charlie Pittman.P.C. 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 Traditional Concepts&Victory Baptist Church Agenda Item D1 Page 26 Disclosure Statement — Use Permit l� x �z. Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is i 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 A.plication. ' U e4, wPastor Leslie Smith, President j1142,_ APP&ICANT'S SIGNATURE j � PRINT NAME _.._..I AT !+I PROPERTY OWNER'S SIGNATURE PRINT NAME j DATE Page 5 of 5 Traditional Concepts&Victory Baptist Church Agenda Item D1 Page 27 Item#D1 Traditional Concepts, L.L.C. (Conditional Change of Zoning) Victory Baptist Church (Modification of Conditions) 4125 Indian River Road District 7 Princess Anne June 8, 2016 REGULAR Jan Rucinski: Okay,the next item on the agenda is agenda item D1,an application of Traditional Concepts, L.LC.,for a Modification of Conditions to a Conditional Use Permit(Religious Use)approved by City Council on 12/8/98, and a Conditional Change of Zoning from R-15 Residential to Conditional R-10 Residential District on property located at 4125 Indian River Road, District 7, Princess Anne. Is there a representative? Yes,there is a representative for this application. Eddie Bourdon: Jan,thank you very much. I appreciate that you slipped and originally put us on the consent agenda. Eddie Bourdon, a Virginia Beach Attorney, and it is my privilege to represent the applicant on this case, and Mr. Wayne Crosby,one of the principals. The applicant is here, as well as Victory Baptist Church, Pastor Les Smith,who is also here,along with Rodney Flores,the Project Engineer on this proposed subdivision. This is a Conditional Rezoning of 8.2 acres out of a 10-acre parcel that is zoned R-15 to a Conditional R-10 in order to develop no more than 14 residential lots in a subdivision,a cul-de-sac off of Indian River Road. Victory Baptist Church, Pastor Smith's congregation, has owned this property for more than 20 years.They will retain 1.8 acres with the existing sanctuary and church building along with some reconfigured and somewhat enlarged parking lot. As well as the church's parsonage,which will be located on one of the residential lots, Lot 13 on the conceptual plan that has been proffered. And I'll take a second to thank Dr.Stephen White and the staff,especially Dr. White. He has been working with the church and the applicant for quite some time,and he went over that some of that this morning,some of the history.We were going to provide the right-of-way for the Southeastern Parkway at a reduced price to the City in terms of rezoning the property before it was determined that right-of-way was not going to be necessary any longer. I think that is probably a wise decision, and that is the decision that has been made. So,this is a proposed rezoning for 14 potential lots on a cul-de-sac.The interesting thing about this, and again, Dr. White touched on this this morning, the average lot size, and this does not include any floodplain or any environmentally sensitive wetland areas,just developable land,the average lot size is 18,662 square feet in size. The only variations from the existing R-15 Zoning are for lot widths on the lots that do not abut the R-15 zoned neighborhood developed on the north side of the property. We have 80 foot lot widths for the lots that adjoin lots to the south that are in R-10 that are exactly Open Space Promotion, as Dr.White said,that some of them, not all of them.Some of them could be as little as 9,000 square feet.So,we have somewhat lot widths but much deeper, much larger lots by far. So,that is what this is all about.The other variation that these two lots which are 100 feet in width, R-15 widths just as these are,are less than 300 square feet short of 15,000 square feet. They are 14,700 plus in both instances. Other than that, it is not putting smaller lots in smaller homes on this property whatsoever.The homes are proffered to have a minimum size square footage and exterior building materials of high quality. We proffered four elevations. We proffered minimum two-car garage. All of these homes that will be built here, barring something Item#D1 Traditional Concepts, L.L.C./Victory Baptist Church Page 2 catastrophic in the economy, will sell between $450,000 and $525,000,and can very well be above that depending on how things go. It will be a year and a half before any homes will be built out here. And that exceeds the average sales prices on the homes on either of the two adjoining neighborhoods. I don't think,frankly,that Pastor Smith,and the church and the developer could have done more to try to make certain that we bridge the gap between these 9,000-10,000 square foot lots to the south and the 15,000 square foot lots to the north than what's occurred here. There have been meetings that have taken place with the residents on the north side,and I can certainly I cannot speak for the principal, but I do know there has been a big issue with regard to drainage. And the church,which was there before any of these developments occurred,when the developer of the property to the north,which I think was Pace Construction, came in to develop this property,there was an agreement, as I understand it, reached that the church permitted, and I am sure there was an easement,and I am sure it was probably paid for, but an easement was granted to allow this development to utilize a BMP on the church's property, which also serves as the BMP for the church as well. And,that is a circumstance that has led to some problems, not because of the people involved, but because of either installation or maintenance of that BMP. And it was discovered just yesterday,the day before,excuse me, by our project engineer, meeting with some of the neighbors on-site that, and interestingly,there is 30-inch drainage pipe that drains all the public water. It goes from this neighborhood into this BMP,and it is designed so once the elevation for the water is to a certain level,there is an outflow here,where there is an outfall where the water is supposed to go into a drainage pipe once the elevation is reached, and out into the low lands,the wetlands,the swamp, if you will,to the west. Well,the outfall and the pipe, there is a cave-in, it's disconnected so,when water reaches the designed elevation,the water can't leave. It just spills over, backs-up, overflows the bank,and backs up in the pipe. And that is why they had problem, and apparently, Public Works has been out, and filled in the sinkhole, but that really didn't address the problem. They probably didn't realize what the problem was. I am advised that Public Works has been out there today,and they are working on resolving that problem. It is going to take some work. My client was nice enough in the meetings, said "Hey,we'll replace the pipe", but we're not going to be out there for probably 18 months,and this needs to be addressed immediately. I am confident that it will be addressed, but when we drew out this piece of property,just to make this very clear,we have to meet the current stormwater drainage regulations and requirements that went into effect July 2015. Very few developments have had to meet those criteria. Most of the development that has occurred over the course of the last year plus has been grandfathered developments under the old regulations. This is not grandfathered under the old regulations. So,the regulatory bar,the regulatory hurdle, is far greater with this development than it has been with any of the surrounding developments. This BMP has some capacity in it when it is functioning correctly, but certainly not to capacity required to get approval for these lots. There are a menu of options that will be looked at. There will be a drainage study done that we will have to pay for,which costs tens of thousands of dollars, and some of the things that may occur,we may wind up,and as you saw in the presentation that Barbara Duke made this morning,{on the Draft Outdoors Plan}we may have some rain gardens, bio- retention beds on the front of the lots. That's one option. It may be a menu of a lot of them. We can do a standard BMP across all these lots on the south side because they are extremely deep lots and that's some form of BMP over here. It is certainly possible. I'd say even likely. We can provide structural BMPs to serve the church property or even a small BMP behind the church. Because the church now has the right to drain into here with any additional capacity in the BMP, any and all or a combination of those as well as the potential we could lose a lot is also a possibility. All those things will be gone through. That is why it will be 18 months before anybody is building any houses out here, in getting those approvals,as well as the dam and inundation approval,which is relatively a new deal, Item#D1 Traditional Concepts, L.L.C./Victory Baptist Church Page 3 but again, everyone out here is in the same boat, but they are grandfathered. So, we will have to go through that process as well, which will mean that the potential of the elevation of the finished floors of the homes may be a little higher than has been required in the past, but I don't know that will be the case, but that is another process that these folks will have to go through that other people have not had to endure or go through. So, one thing is a certainly, and that is that the development of this property is not going to cause any stormwater to be placed upon the adjacent property owners in any way, shape, manner or form, and at the very least,the situation that they have been enduring for some time, I don't know for how long,will be rectified. It is not our responsibility,and hopefully, it will not be put upon us to do that because they will be waiting 18 months or so for that to happen. I think we got a great application. I think we've done everything we can do to try to fit in. Pastor Smith has gotten along with the neighboring developments as they developed around him. I think staff has got it right on with the recommendation. I hope you all take that position as well and approve our request. Jeff Hodgson: Are there any questions for Mr. Bourdon? Thanks. Jan Rucinski: Our first speaker is Ron Villanueva. Jeff Hodgson: Good afternoon. Delegate Ron Villanueva: Mr. Chairman, Commissioners,this brings back memories. First, I want to thank you guys for helping to make Virginia Beach one of the greatest cities. Not only have I witnessed many engaging questions that you're asking in the fair and balanced manner that you're doing, but our city owes a lot to our Planning Commission and our staff. I would like to thank Karen as well. I've served 8 years on City Council, not as long as Don. I was a pup 30 years ago. Donald Horsley: You were a little pup. Delegate Ron Villanueva: But I wanted to thank you guys. This application was originally heard, I believe in April and deferred. I was in session during that time. As you know, I represent the 21st House District that encompasses Virginia Beach and Chesapeake. I also serve as Chairman of Transportation and I am a champion with regards to the stormwater drainage and reoccurring flooding. So, I'm here today as Ron Villanueva,a member of our Hillcrest Meadows neighborhood. I'm one of the eight original members of the 16 that lived in the neighborhood that is adjacent to the proposed development. It has been a great neighborhood. You've had great neighbors. You can't ask for more when you have a pastor and a church praying for a politician every day, and we need it. I appreciate Pastor Smith. The developer has also called me and I've known Mr. Bourdon,as you know, mostly being on Council. I'm here today to bring to the attention to the Planning Commissioners, Mr.Chairman,some of the things to take into consideration. Now Mr. Bourdon, my good friend,talked about Council and making a determination on the right-of-way easement for the Southeastern Expressway. As Chairman of Transportation in the House, it is still on our rolls. There has been no formal resolution with regards to what the City of Virginia Beach and Chesapeake plan to do with that easement and all of the acreage that the City has acquired with regards to that. Should this development go forward,this would be the first development that would impact the determination on what to do on that easement just because the easement of the right-of-way backs into this development. Now, I have today with me several members from the neighborhood that are here,four of our neighbors are on deployment and could not be here. We have a neighborhood that consists of military men and women, a postman, a realtor, a nurse,defense Item#D1 Traditional Concepts, L.L.C./Victory Baptist Church Page 4 contractors and yours truly. And, again,we have had no problems with our neighbor, and he has been a gracious neighbor. Our concerns will be a couple of things. You're going to hear some pre-existing conditions that would impact not only our neighborhood but the new neighborhood, and will require the City's attention and the developer's attention. I've talked to the developer's attorney, Mr. Bourdon, and he has indicated that Public Works has been out there this morning. I have not yet talked to Public Works staff with regards to the solution. And what the neighbors would tell you is that you have a BMP that is shared by our neighborhood and the church. It is maintained by the neighborhood and the church,and our neighbors are going to tell you that there has been severe flooding, and there is regular occurrence of that recurrence. We've had the City come out regularly to address the stormwater outfalls,and just this Monday,the developer, along with the neighbors, saw that the outfall pipes aren't connected to the BMP. It is going to require some attention. So, having been in our position before, and as President, I am asking for a couple reasonable things. One is,an indefinite deferral on this application until we can figure out what the City solution would be, because regardless, if you approve this or not,the problem is still going to remain and someone is going to have to pay for it and fix it. And having said that I appreciate your time and effort Mr. Chairman and Commissioners. David Weiner: Thank you.So,you're opposed to the application. You just want to find out about the BMP and to fix things that need to be fixed before we make a ruling, basically is what you're saying. Delegate Ron Villanueva: As a politician, I would say that you got to see the solution before we say yes or no. There is no doubt you got a quality developer.You got quality engineering. The neighbors have been great. But you know this,when you approve this application, it goes to City Council, and then,they got to fix it. I'm one of the elected officials that gets calls from constituents on a regular basis with regards to "Hey, it's flooding we've got to fix it." And then we got to figure out the solution; so, before we get to that step, let's fix it now. Right? Jan Rucinski:So,that is why you didn't mark either support or deny. Delegate Ron Villanueva: I put a question mark. Jeff Hodgson: Mr.Thornton. Bob Thornton: As we said in an earlier case, I don't know whether you were here or not, but if we do approve this,the next step,as you well know, is City Council and then through the site plan development process. And I,for one,trust their process.They can't let this developer build this without the outflow working and the drainage working and all of the stuff that's got to be finished through that, and also the stormwater regulations that the State has imposed on us. So,are you saying that you don't trust that process?What would a deferral do to help the process that they already have in place? Delegate Ron Villanueva: Mr. Chairman, Commissioner Thornton, my answer would be rather than hearing it from the developer that Public Works is taking care of it,as an elected official, and as a citizen of Virginia Beach, I would get a manager in Public Works and ask him to say definitively when they are going to fix this solution, and the solution has been reoccurring. My neighbors will show you pictures that aren't fabricated of the flooding that is reoccurring;that happens all of the time. As a matter of fact, the recent rain storm,we had some flooding. So Mr.Thornton, I would say an indefinite deferral just like you did to this previous application, rather than trying to approve something that you think is Item#D1 Traditional Concepts, L.L.C./Victory Baptist Church Page 5 good, have all the answers before you approve it, and before it gets to City Council, because if it gets to City Council,you can be rest assured that I'll be talking to some of the Councilmembers. Jeff Hodgson: Mr. Ripley. Ronald Ripley: Ron, did you say the solution,you think, would be the outfall that is not connected to the BMP? Delegate Ron Villanueva: Well, I am not the engineer Commissioner Ripley. There are two problems. One is the existing BMP. If it is a shared BMP,and you have 13 new homes that are there,you might have to increase capacity on that BMP. In addition,there is an existing outfall pipe that is not connected.We've had several attempts of the City fixing it. What we found out,and what the developer found out and the neighbors found out on Monday,was that there were substandard repairs on that outfall pipe that need to be addressed. So, I'm asking for something reasonable where, hey, if this is a good application let's get it right. Let's make sure that the neighbors' input is heard, and more importantly, before it gets to Council,this thing is mitigated. Jeff Hodgson: {Directed to Mr. Bourdon} I do believe Mr. Bourdon, I don't want to put words in your mouth mentioned that you are looking at alternatives if the BMP is not sufficient to handle. Is that a fair statement? I think you, maybe you mentioned,that some of the extremely large lots in the backyard or some of the newer eco-gardens like we kind of talked about this morning. So, hopefully,you will be looking at some of those issues. Delegate Ron Villanueva: Mr. Chairman, Commissioners, as you know,you guys have heard hundreds of applications. You know from the citizen standpoint, if there is an approval and the developers says they are going to do it,and the City says they are going to do it, lot of times the citizens need assurance that it is going to happen. Again,as a citizen, I think that Public Works with regards with the solution the problem that I've heard. Jeff Hodgson: Is there anybody else? Karen Kwasny: I have one. Given that has been the focus for the last few minutes,the Southeastern Parkway and Greenbelt mentioned a little like a Red Herring for me at the moment, because I am not exactly sure what your position was with regard to this application? Delegate Ron Villanueva: Well, I'm a proponent of the Southeastern Expressway and have long been. When I was on Council,we championed it. As you know,our City needs the Southern,that's at the end of Chesapeake, not only will it help for evacuation purposes, it also gives you a strong economic development corridor between Chesapeake and Virginia Beach. I just want to let you know,just this morning, I talked to the Planning Director over in Chesapeake. If you commute in that sector of town, we are on Indian River and Elbow Road. When you look at Elbow Road and Centerville connection in Chesapeake, on the south end of Stumpy Lake,you will note that there has been 550 new homes that have been approved by the Chesapeake City Council and Planning. For an additional 1000 more, and note this, there is no transportation solution on that rural two-lane highway, so; 14 homes, 13 homes, you can say it is minimal, but we're just adding to the fact that we haven't had transportation funding to address that road. With regards to the Southeastern Expressway, it is still viable. But we haven't heard Item#D1 Traditional Concepts, L.L.C./Victory Baptist Church Page 6 officially. There has been no resolution put forth by City Council nor has been submitted to our Hampton Roads Transportation Accountability Commission or our VDOT planners. And I know so, because as you know, I am the Chairman of Transportation. Jeff Hodgson: Are there any other questions?Thank you sir. Delegate Ron Villanueva. Thank you. Jan Rucinski: Our next speaker in opposition is Byron Salsbury. Please state your name for the record. Byron Salsbury: Good afternoon. Byron Salsbury. I reside 2408 Hillcrest Meadows Lane. I'm an original homeowner. We bought in December 2002, in the northern neighborhood above the proposed building. I brought with me some colored photos that we've taken over the years of the flooding of my street. The first one on the top is from my front yard, and it clearly shows a storm drain completely underwater. This is a reoccurring problem that I personally have called the City on a couple of times, and as a result of my complaining to the City,they have sent crews out with backhoes, and they made a couple of failed attempts to correct this problem. And I'm just majored concerned about putting more houses, more concrete, dumping into the same retention pond, is just going to add to the problem. Additionally, a concern of mine is one of the reasons why I bought this home. It was brand new construction. I've been a resident of Virginia Beach since 1992. The Navy brought me here. I retired in 1999. I still work for the United States Navy, drive to Norfolk every day. And, one of the things I really loved about this property was that all the open space whenever I stand in my backyard. I just see sky and trees. A lot of the trees have gone maybe because houses have taken their place, and now I'm going to have probably two-story house behind me; so, whenever I'm in my backyard sharing with my family and friends, I'm going to have a neighbor in a second story window peering down on my backyard.That is going to be a daily change for me. I know it happens to a lot of folks, but I just wanted to share with you that was one of the reasons we bought this home was because of all the open space that was in the back that is going to be eaten up by homes. I understand that Mr.Smith,great neighbor. He owns the property. It is his right to develop it if he likes, but I just wanted to share with you that from our perspective,there is more issues to it, more than just the water. Now,one of our neighbors Paul, who is not able to be here today, is there any chance you can put up the other picture that showed from the satellite our neighborhood?Yeah,that one. I am this guy right there. I got this giant oak tree I love; so, I have parking lot behind me, which is great. Paul here, he is not able to be here today because he had surgery. He's had his swimming pool liner float on more than one occasion as a result of this retention pond being so flooded and overflowing that it teaches in the water underneath the soi,I has caused his swimming pool,and my neighbor Bruce,who is here today, has had the same problem. So, top of the list? Water drainage. Everything else, as Ron presented and what Bruce will present next. Thank you. Jeff Hodgson: Are there any questions for Mr.Salsbury? Bob Thornton: I've got one. I noticed on these drawings at the top it is 2009? Byron Salsbury: The 2009s are from my camera from my house.The other ones that don't have a date are from a neighbor across the street that wasn't able to make it today because he was on deployment, but his wife was able to provide me an email with the pictures. Item#D1 Traditional Concepts, L.L.C./Victory Baptist Church Page 7 Bob Thornton: It is the same time frame? Byron Salsbury: I don't' think so. If I look at my vehicle in the driveway and what not, I can tell it is a different timeline based on when I owned what truck. Bob Thornton: How often do you all see this kind of water in this neighborhood? Byron Salsbury: Minimum,the one I took was 2009, but it reoccurs more often. I will say at least once a year we have this kind of problem. Sometimes, it drains quicker than others. I think it has everything to do with just how much of a problem we're having with the drainage piping, as the earth collapses in around the drainage piping, it clogs it up, and you can go all the way to the other end where it spills out into the swamp,which I've done numerous times,and you can see that the pipe that used to be round is still round but it is half covered in dirt at the base where the earth has been collapsing and flowing down and reducing the amount of drainage that's possible. Jeff Hodgson:Are there any other questions for Mr. Salsbury? Thank you sir. Byron Salsbury: Thank you. Jan Rucinski: Our last speaker in opposition is Bruce Molloy. If you will, please state your name for the record? Bruce Molloy: My name is Bruce Molloy, and I am also a resident of Hillcrest Meadows. To answer one of your questions,the other pictures were from 2006. We flood,on average,twice a year. And we have flooded at least 37 times since our homes were built. My house is in between the two that Byron depicted. I'm sending some pictures around just to give you kind of a personal perspective about our neighborhood. This flooding goes all the way into my house, into my garage, and into my crawl space. That is a regular occurrence. I agree with the attorney. We've had a very good back and forth relationship with a very good quality builder, and the pastor has been a friend of ours,although I am not a member of his church, since I've moved in there. He actually allows me to use his land on a regular basis. So,this is not about"Not in my backyard." The last time I was in this chamber, I was here the only abutter supporting Pastor Smith when he wanted to move that 3,000 square foot house onto his property. So, I'm a pretty balanced representative. So,you can see that the flooding is certainly significant. Commissioner Oliver had questioned in the last application it would of, should of or could of, sure were looking at the possible, I assume. And that is what you're hearing from the attorney. They are going to look at this,and I trust Wayne Crosby. I trust him. I do believe he is going to look at this and he will come up with a plan. Is it a viable one? We don't know. The plan has changed a couple of times from 10 homes to 14. Now they are proposing possibly taking one lot,two lots, maybe the 34,000 square foot lot maybe reduced, and you'll see an additional BMP. We don't know the answers. So, Commissioner Oliver,once again,we have would of, should of, could of. We're assuming that's lets trust the developer. So, I'm here asking for a deferral, and I am certainly getting the feeling to my experience today that a deferral isn't preferred; however, in this case, I don't think that you've been given as a Commission, enough information to truly know what we have to look for on this particular proposal. Nobody has asked the question, "What happens when the church closes?" Les Smith is 70 years old. He has no known successor. His son is not interested in taking over the church by his own admission. So,what's going to happen when that possible lot is going to have another four to six homes Item#D1 Traditional Concepts, L.L.C./Victory Baptist Church Page 8 on it? We have to ask that question. We don't have any saturation studies done on this land. All we have heard from the developer is, "I don't know." We haven't had a chance to look at that yet. We haven't put the expense in to determine what we should do. That is all we're getting. So, I'm in forwarding to please consider deferring this until we have much more information. You can see the significant damage that I incur at my home. This is not something we can take lightly. And there are six of us that get that water in our homes on a regular basis, at least annually. And these are pretty nice homes. We all work hard for them just like a working vet neighborhood. I appreciate it. Jeff Hodgson: Are there any questions for Mr. Moller? Mr. Ripley. Ron Ripley:The pictures that we're looking at, is all the drainage of the entire neighborhood going into this BMP? It is the sole source of all the water that we're looking at. It is a lot of water. Bruce Molloy: It is I live on that line. In fact, my property line and my next door neighbor's,the line runs under our home. I could have given you multiple pictures. I have pictures, again Wayne Crosby as the developer has been wonderful. Ron Ripley: I am asking you do you believe that BMP is the sole source of the drainage for that entire neighborhood? Bruce Molloy: It is. Ron Ripley:That BMP does the whole neighborhood. Bruce Molloy: It does, as well as well as all of the church property, and all of the land abutting the church. Ron Ripley:Wow. Bruce Molloy: And the other pictures you see show the street caving in.Just recently you deferred a proposal on the other side of my development due to soil studies. No soil studies have been done on this land yet. There are a lot of questions Commissioners on this proposal. I know they have a great developer,a great engineer.The church speaks for itself.Certainly an articulate attorney that I can't stand behind but there is a lot of questions behind thins. I don't think we're ready. Thank you. Bob Thornton: I've got a question for you. This photograph here, is this the beginning of the pipe that goes back to Gum Swamp? Is this what is supposed to drain the BMP? Bruce Molloy:The actual drain sits at the beginning of that 22 foot long ditch,and that ditch is how much soil has eroded through that broken pipe through the last couple of years. Les Smith worked very hard with the City, probably five years ago. They had that repaired; so,what you have is just five years of damage that sits about 14 feet deep today. I also have two of those in my yard that measure 2'x 3', and 17 feet deep, and the other one is 2' x 2'and about 8 feet deep,that the developer actually stood and looked at this past Monday evening, and stated that he had never seen anything so severe in Virginia Beach.There are a lot of things we're dealing with. Item#D1 Traditional Concepts, L.L.C./Victory Baptist Church Page 9 Jeff Hodgson: So,you're saying this is 14 feet deep? Bruce Molloy: It is. The developer actually stood in there on Monday night, and he has been wonderful to work with. Jeff Hodgson: Are there any other questions? Thank you sir. Bruce Molloy:Thank you. Jan Rucinski:That is all the speakers. Mr. Bourdon. Eddie Bourdon: Thank you very much. I want first of all complement Delegate and former Councilmember Villanueva, and my friend,and all or the speakers for the way they handled themselves and reported themselves, and my clients appreciate it, and they had the opportunity to meet with them with some extent. I think this will be a symbiotic and helpful scenario. Let's deal with the Southeastern Parkway scenario first. Pastor Smith and my clients have tried, and we spent lots of money on multiple plans that included the right-of-way alignment. And had an application ready to come forward, and it is a City Council decision not a Planning Commission decision as to the Southeastern Parkway. And we've been told that this section is not going to be built,to take it off our plan, and that is why we are before you. That is the only reason why we are before you with this application. We had another plan that would have included that right-of-way; so,any suggestion or innuendo that this shouldn't go forward because that is somehow up in the air because it is still on Delegate Villanueva's radar screen.That is for City Council to decide not for this group to decide. We can't sit here in limbo about which way do we go. We have to follow the direction we've been given by City staff and City Council. If they change their mind,and decide they want this right-of-way,we'll have to deal with it. But it is not on the agenda today. As it pertains to the drainage problem,and in all frankness, I initially was of the opinion, "Well, we hear this a lot all time." But when Rodney Flores was out there on Monday and he took pictures, it is very clear that there is a serious problem with that outfall pipe, and it is silted over because of dirt going in it, and had people filling and the City filling those holes that go into the pipe. They clearly have a problem. The problem is one that has absolutely nothing to do with Pastor Smith or has to do anything with this applicant. It has to do with maintaining a public drainage easement, a public drainage structure. And that isn't on us,although we will do anything we could do to try and help assist in that being resolved. When their neighborhood was developed, it was done with the zoning in place and with the same process we're going to have to go through. It is not a question of design. It is a question of the way it has been maintained. The idea apparently that some may have which is fallacious is that we are going to try to put these 14 houses draining into that BMP. That cannot possibly happen. That is a non- starter. It is not going to happen. There may be some additional capacity when it is functioning property that might handle some of the stormwater, but nowhere near under the current regulations, which are much more strenuous that could possibly be used for the majority of the drainage from this neighborhood, this new neighborhood. It is not going to happen. But every residential rezoning,which you all understand and know, and everyone that Councilman Villaneuva voted on when he was on City Council, all this detailed engineering, and all of this detailed study, none of that gets done before zoning is put into place. That is a multiple tens of thousands to hundred thousand dollars plus of engineering expense that doesn't happen until the zoning is in place. Zoning doesn't give us the right to go out and build 14 houses on 14 lots. We have to meet all of those criteria.The enhanced ones that are in place today are a much, much higher bar, and that is what will happen in this case. We will not affect Item #D1 Traditional Concepts, L.L.C./Victory Baptist Church Page 10 negatively their drainage, and we cannot. Delegate Villaneuva understands this very well. The bar has been raised very high. And anybody who is putting in any development applications for approval of subdivision, new construction plan approval, site plan approval today, understands that it is a much higher bar, and it takes a whole lot longer to get to the point where something gets approved. So,again, I do also want to say that I think this is really, and I won't put words in Ron's mouth, but I am quite comfortable that City Council isn't going to act on this application until they are assured by their staff that the existing problem, again this has nothing to do with that problem, but they will want to know if that problem has been resolved before they vote on any application. I certainly believe that to be the case and that is why we are very proactive and going to see that gets addressed as well, but again, it is not a valid reason for this body not to act upon an application for a very reasonable request for a rezoning of this piece of property. Again, knowing full well that it will probably be 14 homes. We don't know, it may be 13.There will be additional BMPs, as I mentioned as I went through the whole litany of ones that are available that may be used, but that is to be the time when all of this detailed engineering studies have to be done. Again,what is required is a lot more than what was required when either neighborhood decided to develop. And when it was developed, none of what they are suggesting my clients need to do,that wasn't done then. It hasn't been done in the past in any situation. So, I actually can think of one. Nimmo's Quay. They actually did spend well over a $100,000 on the drainage study, before they got their rezoning about three years ago. They are still under review by DSC; so, anyway, that is the only one. And this is a small development. It couldn't withstand that cost on a whim. Jeff Hodgson: Are there any questions for Mr. Bourdon? Bob Thornton: I got one. The BMP that is there now, is there a concrete pipe going out to the back end of it heading toward Gum Swamp? Eddie Bourdon: The outfall is here Mr.Thornton,there is 30-inch drainage pipe that runs between these two lots, and dumps into the BMP.When it reaches its designed elevation, it outfalls into a pipe that goes out into the swamp. And that is what is not taking place because of the capacity. There are two reasons. It is not connected any longer, because I believe of a cave-in but that is my understanding. And there is,apparently,there have been some other cave-ins or breeches of that pipe,thus there is a lot of dirt,silt, mud through the pipe so the capacity of the pipe is lessened, but most importantly,the water is not getting into the pipe. It is overflowing and that is why,and I haven't looked at any of the pictures, but it is overflowing and most importantly, it is backing up, water from all of this drainage. They are draining forward,all of these homes drain forward come down and go into that low point, and it is backing up.There is nowhere for the water to go when it has reached its capacity and the water is not leaving. It is not staying there and it is overflowing,and it is overflowing on the church's property as well, and that's what is occurring. Bob Thornton: Whose responsibility is it to make that repair? Is it the churches or the City's. Eddie Bourdon: The City's. Bob Thornton: It's been dedicated. Eddie Bourdon: It is a public impoundment easement and it's a public drainage easement. The church is Item #D1 Traditional Concepts, L.L.C./Victory Baptist Church Page 11 not responsible. Bob Thornton: Why hasn't it been taken care of all these years? Eddie Bourdon: I'm quite certain that the calls that have been made have resulted in people going out, and looking at what's going on there, and I've been told that the sinkholes have been filled. This is all secondhand hear say. I know efforts have been made. I personally suspect that there are deficiencies probably of the outfall pipe that was installed to start with, but that is just a suspicion. Bob Thornton: Your client puts these 14 houses in and obviously they cannot put water into something that doesn't work, and if they put water into their own BMP that heads in the same direction that still doesn't fix this problem. Eddie Bourdon: First of all, make it very clear, it is unlikely that there will be much utilization of this BMP permitted. Again, it all depends. If we create a different BMP for the church,which drains into there now,which is designed for the church and for the houses,then that frees up additional capacity. If that system is operating properly,there may be water from some of this development that goes into that BMP. That remains to be seen. I'm confident as I can possibly be that there will be additional BMPs that we we'll have to do and the most likely one is along the back of the lots where we go extremely deep. There is the capacity for a very large BMP, basically about twice the size of this one. It isn't because of a problem with where the water is going, it is the ability to get the water there.That is where the problem is.This water is not getting there. We certainly are not going to be able to put water into a system that is not functioning.The City is not going to allow that to happen. And Mr. Crosby, even advised the folks the other night that if we were out there developing it,and we were going to use that in some capacity, again, it would be for the entire development,we would go in there and fix the pipe, if we had to replace part of the pipe. These folks can't wait that long,and I'm fully in agreement with that, but that has nothing to do with this application.That is the reality. The only thing is that Pastor Smith was kind enough, and I'm sure there was some remuneration involved to convey to Pace Construction, who developed this cul-de-sac,the drainage easement. And they put it in,whoever they hired to put it in. And it was inspected, but no one is arguing,and we are not arguing that it is functioning the way it should. It's clearly not. But that is an issue that will have to be resolved. It is going to have to be resolved sooner than when we will be going through with our information and getting approval for our actual construction plans,which will include other BMPs. I don't want anyone to leave here thinking we're planning on putting the drainage from this street, these 14 houses in that BMP. That isn't the case. I do believe there may have been some belief though that may have been engendered by some misunderstandings in communications. That is not even feasible, possible, never going to happen. Jeff Hodgson: Mr. Ripley. Ronald Ripley: I understand that when you get into this process that you're not going to get anything approved until you cross your T's and dot your l's,and all the new regulation, not only quantity, but also quality of drainage. I got all of that. When I look at this plan,they don't give us plans that are with any kind of scale to look at. There appears to me there are outfalls running to the BMP from what I can see here. I may be seeing it wrong because it is so small. It looks like that but it is not withstanding that. That is not my comment. My comment is that these pictures that are passed around are pretty severe drainage issues, and I don't think Delegate Villanueva is kind of off-base to come in and ask that this get Item#D1 Traditional Concepts, L.L.C./Victory Baptist Church Page 12 fixed before something else gets added into the area that might continue to impact their neighborhood. So, if you're going to go to Council, and Council is not going to approve it, wouldn't it be a good idea to come back with a solution so that you know, and it may take this much time to get the solution but the neighborhood next door,the people that live next door,will be assuring that it is going to be done. And that is what he asked. I thought it was a very reasonable request. I didn't understand until I saw the pictures of how reasonable it was. Eddie Bourdon: With all due respect Mr. Ripley, I couldn't disagree with you more. We are not the cause of that problem,and we can only help get that problem solved. To suggest that folks have been waiting for a year and a half, have to continue to wait because of a problem that we have no responsibility for or any causative. We didn't create it. We're happy to try to help, and I totally concur that the City must solve this problem,and if we can be of assistance in doing so,we certainly will, but to suggest that we're going to be able to put more asphalt out there until not only that problem is solved, but our drainage plans are completely vented and approved, it just can't possibly happen. So,we're being held hostage by something that we had nothing to do with. Ronald Ripley: But you could do a preliminary drainage study to show how you're going to handle the water.Yes you could do a preliminary drainage study, and that way the neighborhood could understood that it is not going to invade their system, and that you have a method that could resolve it. Eddie Bourdon: Were going to create a different set of rules for this applicant to go out and do a drainage study because somebody else's system isn't working the way it is supposed to work? That's a precedent that I sure as hell hope that we as a City don't engender, and I wonder, why it would be the case in this particular application? Ronald Ripley: Because of the photographs that we've seen. I think if we pass this on to Council, Council is going to say what's that Planning Commission thinking? Eddie Bourdon: I couldn't disagree with you more affirmatively. It has nothing to do with this applicant. When we found the problem,we immediately notified everyone that we know how to notify. I do not believe in any way, shape or form,that there is any logic behind that position. Because you're taking a position now that other people who have drainage problems and they don't have a former Councilperson or Delegate in their neighborhood,are they going to get the same treatment? And everybody is going to be held hostage for problems with maintenance of existing drainage systems? Ronald Ripley: It just so happens that he lives there, and that is not the issue. He came in and presented the issue and the neighbors brought forth evidence. That is what we're having to deal with,just like you're presenting your evidence,they are presenting their evidence, and I think that idea of knowing there is a solution is a pretty good idea. Eddie Bourdon: There has to be a solution, but the applicant,and the property owner, have no way of making that solution reality. And they didn't create the problem.They aren't the problem,and it is unassailable that nothing is going to get built on this piece of property until that problem is resolved. So, we're talking about a deferral for no valid reason that I can conceive of, because what is a deferral going to do? It takes the City six months to figure out the problem,we're still going to be a year out of ever being able to turn the first spade of dirt from our plans. We can't get our plans started. We're wasting a Item#D1 Traditional Concepts, L.L.C./Victory Baptist Church Page 13 ton of time on something that we aren't going to be turning dirt for 18 months. So, we're sitting here in limbo waiting for the City to solve a problem that is going to have to be solved,and again, as I said before, I'm quite certain that before Council votes on this application, they are going to hear from their Public Works people and their other departments as to the source of this problem,and hopefully confirming what we discovered to be the problem. We're being held hostage by something we had nothing to do with. Ronal Ripley: I think they expressed the same information to us. So,we can make a formal decision. Eddie Bourdon:Again, it is not appropriate,or responsible or reasonable to ask us to go out and ask us to spend money to do a drainage study because of a problem with an existing system that is not performing. It is defective, we think, for the obvious reasons.That is not reasonable to my client or this applicant at all. People who come here in good faith and have been good neighbors and still are good neighbors. We're being asked of that request to do something that no one else would ever be asked to do under these circumstances. Because you're not approving a subdivision construction plan or site plan that is being brought there and start developing. You're not. You're saying is this a reasonable land use that we're proposing, and I heard no one suggest that it is not. In fact, I heard to the contrary. It is a reasonable land use that we are proposing. It is not granting us the right to go out and build it or put in any of those lots at this point. So,we would not be in favor of a deferral at all. I don't'think there is any valid reason to ask us. Jeff Hodgson: Are there any other questions of Mr. Bourdon? Bob Thornton: Let me piggy-back on what Ron's saying. In the plan that we have to study and look at and to make a decision on,there is no BMP on this proposed development except to what's there. Eddie Bourdon: I can show you two or three iterations of different BMPs. Bob Thornton: All I could add is the one that is in the packet. Let me finish. But so,we have to look at this when we started, we just had to assume and that is what's up on the board now, is one BMP up there. And now we have determined that it doesn't work. So, if you got one that shows a BMP for your parcel, that might work or conceivably could work it might help us. Eddie Bourdon: I just happen to have one. Thank you Mr.Thornton, but again,we don't like to mislead. I think there is enough there for everybody.This is a bit of a dilemma. Do we submit an application that have four or five different variations? This is but one of a way to handle the stormwater on the property. Because you're approving a plan that in the proffers say will be substantially adhere to. Okay? Well, if I use this plan, which you will see,there is a very large BMP as well as a small one on the church's property that runs the entire length of the southern boundary of the property. So,you approve that and our proffers say it will substantially adhere to that. We don't know that's the BMP that will make the most sense or will be approved by our Public Works and DSC. So,do we have to come back and have this body modify our proffers to show different BMPs,such as rain gardens, bio-retention, filterra systems. There are so many options available, but we have to know all of the information to know,which is the best one to use,and what the City will approve. And we also have this inundation process with the dam scenario, at Indian River,this will be the first, so we are in a scenario where we don't know what the BMPs will be but it is easy to sit here and tell you that this development is not Item#D1 Traditional Concepts, L.L.C./Victory Baptist Church Page 14 going to be utilizing that existing BMP for its' drainage, again, other than to say that some of the drainage could go there, especially if we replace the church's BMP, and none of the church's drainage goes there any more then that will open up some of the capacity of that system. But, again we haven't analyzed how much capacity that might be. But clearly it isn't going to meet today's requirements. It is not going to meet today's requirements. I just think it causes a huge dramatic effusion for us to be giving two or three different plans of the way the water may be handled. I don't think it make any sense. So,that is why we proffered one.The process is one that absolutely will work. It hasn't worked for these folks. I understand that. I don't think it is the process that hasn't worked. I think it is the maintenance and or the quality of material that was used when that system was put in place.Again, that is just my seat of the pants analysis of what's happened out there. But, again,we're not standing here saying that there isn't an issue or there isn't a problem. We're not trying to suggest that they are making it up or there is clearly one. But, it is one that has to be resolved,and I am 100 percent certain it will be resolved long before we ever turn the first spade of dirt on any development on this piece of property. So, I'm sorry to run on. I hope it made sense.You can see a very large BMP, and again,that may happen, plus two or three other things or there may be some other BMP or a series of BMPs that are utilized. We just have no way of knowing, and I don't believe in any way, shape or form, it is that the City is ever going to adopt a policy or should ever adopt a policy where we have to figure it out before we get zoning.That is completely 180 to do anything you've ever done or will ever do. Jeff Hodgson: Is there anybody else? Are there any questions? Thank you sir. Eddie Bourdon: Thank you. Jeff Hodgson: We will close the public hearing....but we will not open it again for our Delegate. [The Public Hearing was again opened] Delegate Ron Villaneuva: Let's take a deep breath. With regards to the plan that you have before you, you know this. You don't make a hasty decision if you haven't seen anything prior to. I am pretty sure that is the first time you've seen this plan that Mr. Bourdon has presented. He's talked to us about it, but we haven't seen it. So, reasonable request again, is we're not saying it is not going to be a quality development, but there are certain problems that are pre-existing that need attention, whether it is going to be at City Council to fix it or the developer to fix it, and it is pretty reasonable, and I appreciate your time and effort. Now, Mr. Bourdon talked about me representing the neighborhood and being a Councilman. As you know,yes, I am a former Councilman and a Delegate. Any citizen who has ever asked me to represent them before a Council or a regulatory board, I have done that without question, regardless if I lived in the neighborhood or not. So, I just wanted to bring that up to your attention.With regards to the Commissioner bringing up the Red Herring,the one reason why I brought that up before you is because you as planners have to look holistically at the transportation network system that is before you. Yes, it is Council's prerogative to figure out what they are going to do with the Southeastern Expressway and all the acreage that is a lined on that. And it is ultimately going to affect what you guys do as Planning Commissioners; so,that is the reason why I brought it up,just because I represent not only Virginia Beach and Chesapeake, and again, as an elected official,we are forced to figure out the solutions on our end. I know since the neighbors in my neighborhood,some of them couldn't be here, they got personal stories as well.Again, I appreciate your time. Our neighborhood appreciates your time, and it is pretty reasonable to ask for that deferral until we figure what we can do. I pledged to the Item#D1 Traditional Concepts, L.L.C./Victory Baptist Church Page 15 developer and to Pastor Les, I'm going over next door to find out what's the solution, what's the time line.That is pretty reasonable. Thank you Mr. Chairman and Commissioners. Jeff Hodgson: Mr. Bourdon? Would you like another rebuttal? Ronald Ripley: How long do you think it would take the City to ascertain? You might not get the solution right away. You might get.... Delegate Ron Villanueva: I guess it depends on what kind of pipe they are putting in. Because they have been there twice already to fix this thing, and they filled it. It hasn't solved the problem. Again, I am not the engineer, Mr.Commissioner. I would say reasonably 60 to 90 days, but that is up for you guys to determine. You know this if you got champions and you got concerned citizens that hit Council members and the City Manager,they will find a solution.They will figure out a timeline for that. Again,this is the first that I've heard of the problem. I haven't had time to address it. They talked to Public Works, and I haven't. Again, it would be beneficial for everyone if we could figure out and solve that problem before the neighborhood comes in, because you can see the developer says the 13 new homes won't impact that BMP,well,again,we haven't seen the plan for additional BMP or widening. We have only heard. You got to vote on the plan that is before you in the packet.Thank you Commissioner Ripley. Donald Horsley: I got one question. This has been going for several years evidently.The pictures came in here from 2006 and 2009.Why hasn't something been done before now? Delegate Ron Villanueva: To answer your question Commissioner, there has been. It has been substandard, and with the developers coming in, seeing the problem. We've know the problem with regards the pipe outfall are connected to the BMP. We're only existing in our certain timeframe,and we're seeing,and we've been reporting this.Trust me. I've talked to the City Manager about this. Again,we know that there is a problem that exists and it needs to be fixed, and it has been addressed but it hasn't been addressed properly.And before you approve this project, let's go fix the problem first. Donald Horsley: Thank you. David Weiner: I've got a question. This isn't the first time something has come in front of us. Okay. Princess Anne Woods right over here came in with the same type of problem. We approved it, and far as I know,things have been worked out. Why should we hold them responsible for something that is not their fault, because it still has to go in front of site plan review and staff has to do all of that? They shouldn't have to pay for all of that and have that plan done because it is not their fault. It has to be planned. It has to go through the process before and then they do the plan. Why should it be different now? Delegate Ron Villanueva: Mr.Chairman.... David Weiner: I am just asking. Delegate Ron Villanueva: My answer to that would be if it the City's responsibility,the City needs to find a solution. Let's have the City fix it before you approve a project that would impact the new neighborhood and ours,and worsen the problem even more. It is pretty reasonable. I am not asking Item #D1 Traditional Concepts, L.L.C./Victory Baptist Church Page 16 you for a year deferral. I am asking you to give us some time to figure out a solution. I'm pretty sure we can find a solution, and then the developer can come back and present his new plan to you, and you can vote on a plan that was presented two minutes before. David Weiner:There hasn't been a solution since 2009 to fix the problem. How are going to fix it in a couple of months? Do you know what I mean? Delegate Ron Villanueva: I've seen City Council and City and State Engineers. If there is a severe problem,there is funding available. And there are some champions behind it. And more importantly, a partnership with the neighborhood, and I think I've seen that move mountains. David Redmond: Mr.Villanueva, I was curious perhaps if you had perhaps any extra time to serve as the President of Thoroughgood Civic League? I appreciate your advocacy on behalf of your neighborhood and your neighbors. Here is my question. I know a little bit not things about the Southeastern Expressway and Greenbelt. Let's not dig too deep.The deferral,with regard to this question of the BMP, and my question is that the issue? Your neighbor,who spoke before whose name I forget, I apologize,said there were a lot of questions and I haven't heard a lot of really legitimate questions about the nature of the application besides the problem that is occurring with this pond. I think what would be kind of difficult for any applicant is if they had a deal from the item they came in here and went through a bunch of steps with the City,call it 60 days. Let's be optimistic. Came up with an action plan for repair for the pond, which for whatever reason has not been adequately addressed, and I would be curious too if I lived there, and then come back in 60 days, and we're opposed because we don't like A, B, and C.So,what I am looking for is whether or not it is this business with the pond? Can you put if off six months, I mean 60 days or something like that and still have the same issues. Because I think Mr. Bourdon is essentially correct in the sense that it is a separate issue from the application you are about to issue with the existing pond that has been there for how many years. I would be more comfortable if this procedure would get that place, people would be more comfortable with it. Is there more? Delegate Ron Villanueva: Mr. Chairman,Commissioner, my neighbors didn't come up and say"not in my backyard. We don't want this." We want a solution that would help with the drainage problem that affects not only our neighborhood but one tight community of a neighborhood.So, it is pretty reasonable to ask for a deferral. With regards to Thoroughgood, I hear from your constituents all the time. David Redmond: Believe me, I'm surprised. Delegate Ron Villanueva: But again,there are some policy decisions here. It is pretty reasonable. The market is always going to be there for these guys. You've heard the price point of their homes. It is going to be nice, but what you don't want is after you approve this project then, after the fact, Councilmembers, and staff has to deal with the problem afterwards and fix it.Then, it costs more to compound to everything you were saying;so,when I was on Council, I heard about Princess Anne Woods. We tried to fix that.That is why I am up in Richmond trying to find more funding for flooding, drainage and stormwater. David Redmond: I hope very frankly that there are offices right now where the phones were ringing off the hook and people are saying you would not believe the debate that is going on in City Council Item#D1 Traditional Concepts, L.L.C./Victory Baptist Church Page 17 Chamber right now. Figure out what is going on with this pond, and figure it out ASAP. I hope it does. Delegate Ron Villanueva: Mr. Chairman,the issue is not just the pond. It is just making sure that when you vote on an application, it is good to go. When Council gets it, it's good to go, and that the citizens can take pride with the developer in a quality neighborhood. That's been part of our tenets in our Comprehensive Plan for such a long time. Bob Thornton: I've only got one statement. The gentleman said there were 37 floodings. I think I wrote that down since you've all been counting. I cannot imagine that it has come to this point where you're having to use this as leverage to get that fixed. I understand on its surface,this application has the staffs approval. I haven't heard anybody say terribly bad about it, but you guys have either not gotten the City's attention, or they are not paying attention to you, because there is a huge drainage problem out there. I guess we're going to close this down this for a minute and start talking amongst ourselves, but I wish you well in getting the City to go fix that pipe, because 37 floodings, like these pictures show since 2006, is pretty unacceptable. It would be in my neighborhood. Delegate Ron Villanueva: Mr. Chairman,for the record, our neighbors have regularly called the City. The City sends folks to clean up the stormwater drains and they do it on a regular basis. But obviously that is not the problem. Now we know where the problem is. So, we've been an aggressive and engaged neighborhood. City Manager knows about this problem. Again,just give me some time to work with the developer and the neighborhood to figure out the solution.That is all that I'm asking. Jeff Hodgson: Mr. Bourdon. Eddie Bourdon: First of all, I want to again,think the world of Delegate Villanueva and my comments in response to Mr. Ripley's questions were not directed in any way to be critical of Mr.Villanueva advocating for his neighbors, and I certainly don't blame him and I appreciate what he has to say.One of the things that he just said, however, I think is very important. In addition to the issue you all have,and I think we beat it up,and I'm sure a lot of people are hearing about it,and I am sure everybody has at this point. He just said also,the plan needs to be one that people don't have questions about,and I would ask each of you what is it about this plan that anybody has any questions about. Other than if you want to suggest that we show every possible BMP that might be utilized down the road when we go through that process, if I show bio-retention beds along the side of the road, I show the BMP in the back. I show a Filterra system under the parking lot. I show a BMP on the church's property. I show an expansion of the existing BMP as a possibility,than what are we doing in the terms of the way we proffered these things. Do we put a proffer in there that some or all of the BMPs depicted on the plan will be utilized rather than the 'substantially adhere to the existing plan' as of the proffered plan? That's the dilemma here. We couldn't make it any clearer that this BMP that is on the property isn't going to be the source of the treatment and the retention of stormwater for this development. It was put in by Pace.There is a public impoundment easement at the outfall was all a drainage easement.The church didn't use that as a BMP until Pace developed their property. They are fee-simple lots. It is not a situation where there is an association that is responsible for maintaining it, at least that I am not aware of, and I'm pretty sure that is correct. So, I don't think there is anything about the plan that is before you that has been recommended for approval by your staff, and really to their credit, one gentleman spoke about not having the view out of his backyard, but the comments were all about the existing drainage, and you all have, I think have, figured that part out. It isn't anything that we can do, and there is no doubt Item#D1 Traditional Concepts, L.L.C./Victory Baptist Church Page 18 whatsoever, should be no doubt in anyone's mind that there won't be anything done to develop this property other than plans being worked on or engineering being done that can only be positive before this other situation is resolved. Mr. Chairman, I promised I would do this, but I am not advocating for it one way or the other, but Pastor Smith has asked if could speak?That is up to the Commission. Pastor Les Smith: Well, it brings me great pleasure and I sometimes....the job you guys have, I think it is harder than my job. I'd preach, but you won't let me. But, I've thought about this. We've been there for quite a long time. And the neighbors have been commendable.They really have. And we together have really sought help with the City,the Public Works,the retention ponds all over this City, including the one right here at the Courthouse. It is not kept up right. So what do you do?The City has got a big responsibility. They have a lot of retention ponds and this particular one. It's enough water to drain the whole community out there. All the communities, it is big enough. It is not working properly because it is not being kept up. We were told that for the first year the church would be responsible to make all the improvements. Then,the City would have a right-of-way to take it from them. Well,for whatever reason,the City has got a lot of work. There is just too many of them to keep up with all that work. We begged them. The community has been down,and we've called hundreds of times, and they would come out and put a band-aid on it. But if that thing is done properly, it will drain not only the church property and the next community but it will also drain. Come out and look at how big it is. It is 55-60 feet long and almost that wide. I think the problem is if the community wants to keep that open property, and I understand that. Let them use it anytime they want too. The church has the right to vote and have houses in there if that is what we decide to do, and that is what we've decided to do. We certainly don't want to hurt anybody. We are here to help people. I think I've been fair.The people there have been great,even the ones who made the complaint. I don't think they are mean people. They are great people.We just want to get the solution solved, but we think it's the City's fault and not the church's fault,and certainly not the neighborhood's fault. And,they need to come and correct it but how to get them to do it,we haven't been able to. Okay. But to put us off,and it has already been a year and a half or whatever it's been trying to get this thing done. I am not an architect. I don't know anything about that. We've got City engineers that are going to approve everything. And so,we've got professional people that can do it. When you have a storm,guess what, and the tide comes in? I don't care what you do,there is going to be some flooding sometime, but that particular property is 100 years for what a major flood to come in. That's the insurance plan. A 100 years. So,we don't have that flood problem that often. Now,the problem is the drainage is not taking the water to the swamp. That is what the problem is. Thank you so much for you kindness. Jeff Hodgson: Thank you sir. Mr. Bourdon, I am not giving you another chance. Eddie Bourdon: Thank you. Jeff Hodgson: We're going to close the public hearing and open it up amongst the Commissioners. David Weiner: I would ask Mr. Bourdon a question if I could? What was the number of houses they could do by—right without coming here? What was it 10? Eddie Bourdon: 12. David Weiner: 12 houses. So, now they are driving two more houses; so,that is why they are here. They will only put the 12 houses on there and it will still be in the same predicament. I've listened to Item#D1 Traditional Concepts, L.L.C./Victory Baptist Church Page 19 both sides, but I got to say this is something that's been before us before. And we passed it, and we think about site plan review. And site plan review doesn't have anything to do with us. We're here for, I guess, we're here for the application, and the application for the houses are permitted to drain this problem.Yes. I don't think it has anything to do with this application. The application, I think it is real good and I'm going to support it. Jeff Hodgson: Is there anyone else? Mr. Ripley. Ronald Ripley: Yeah, I think we ought to defer it for 60 days. And give the neighborhood a chance to find a solution from the City. And that the applicant comes back with a plan that generally shows how it would reasonably drain the property. We're looking at a little larger plan that is showing outfalls from the property to the BMP,and it seems like that is a connection. A big connection but it is a connection, so, I just think given the severity of the drainage and the problem that is occurring,that the 60 days is not unreasonable. He is looking for a solution. I don't think he's saying it is fixed in 60 days but, I doubt if the City will fix it in 60 days, but you probably get some answers. I think if everyone is put their shoulder behind the wheel and pushed on it and shoved a little bit, we might get a little further. And everybody would be happy. I don't feel the neighborhood complaining about the development. It certainly seems reasonable to me, but I think given the environmentally sensitive drainage areas of this area of the city,the flatness of terrain its rain,that's an important component to think through before you come in and ask for the additional lot or additional two lots. And probably based on the discussion today, of course,they could reconfigure these lots,and make them a little bit smaller. I guess they could get another lot in there. They would probably lose a lot, is my guess. Mr. Flores can certainly advise his client of that for sure. So, I would recommend that we do a 60-day deferral to give them the opportunity to come back with a solution and that they come back with a plan that reasonably represents what they really want to do here. That is my motion. Jeff Hodgson: Does anyone have any more comments? Mr. Inman. Mike Inman: I'm conflicted about this. I understand what David is saying. Are we really being consistent with the way we've handled these applications in the past? Have we gotten ourselves involved in drainage issues? Haven't we already said that is not our job? Our job is land use. Is this a proper land use? What comes after is in the conditions at the end it says,one of the conditions is that they have to comply with any requirements that might be placed upon them in site plan review and any City agencies. Okay. Now, we're asking that if we go to the deferral,we're asking the developer to not know whether or not it is going to get the rezoning or not, but to spend thousands and thousands of dollars on a drainage plan,which he may never need. That doesn't seem right to me. I don't remember doing that before. And, I do know that the City is way behind from our representation of community associations and such, and that the City is way behind on maintenance of drainage facilities all over the city. I mean way behind. I'm talking 15 to 17 years behind. Maybe this one will be different. Maybe this will be addressed sooner because of the environmentally sensitive area that it is the severity of the problem. But it does disturb me as people ask why it hasn't been addressed in the past six years. And, why shouldn't we approve the rezoning and let them go forward. I am sure Mr. Bourdon's client would dearly love the City to take action on the property next door, and do the proper maintenance or repair, and that would alleviate a lot of the expense for his client. But the City may not. His client may want to go forward, and may want to spend the extra money to make it right in the near future. so he can proceed with this. I don't think he is going to decide to do that. He is spending all that money if he Item #D1 Traditional Concepts, L.L.C./Victory Baptist Church Page 20 hasn't even got a rezoning or doesn't know if he's going to get the property rezoned and add two more lots. Ronald Ripley: There are two things. We just passed a policy down in the southern part of the city exactly on this line.There were drainage studies done as you come into it. I think it was done in the Rural Area for a similar kind of reason it was done. And there are many layers that deal with Chesapeake Bay. We provide detailed drainage before you actually get planning. That happens.You got a neighborhood that's asking.They don't have that layer in front of them, and so they are asking for that time so they could try and find a solution. I don't think it is unreasonable. Jeff Hodgson: Mr. Horsley. Donald Horsley:This was a pretty tough one, but when I look at it as a land use thing,they could go there by-right and get the stormwater management planned, approved, and build 12 homes. They don't have to be here today, but they are here because they want to get two more homes, which they may get one. I know what David is talking about over here at the Courthouse,and we told that neighborhood that we had confidence that when it was developed,when the neighborhood was developed they would not put any more stormwater on their property because we got them on the site plan review process takes place. It goes back again to this problem that this community has had for, I guess going on 10 years now, since 2006 to now, and it looks like they are finding an opportunity to jump on this horse,this next door neighbor is going to get some extra support to get their problem fixed,and that is a smart way to go if you haven't done it in all these years, is time to get it done some kind of way. And I think it is the City's responsibility,and I think somebody has been dragging their feet. I've got a lot of confidence now it will be taken care of. If Delegate Villanueva is behind it, and the group that is developing it gets behind it, I'm sure this problem will be taken care of, and addressed pretty soon. So, realizing the process has taken so long for this process to get done now, since last year when the statewide stormwater ordinance change or regulations changed. It just takes forever, and this delay in this process, I can't see it is doing them any good, and I think everyone is agreeable to the land use plan that they submitted, and just get the drainage straight. So, I'm going to have to support that application as it is today. Staff has supported it,and I think they got confidence,and staff is going to get the drainage at site plan review and going to get that straightened out and have a good plan. So far as the land use, I've got to go along with it. I don't usually buck against the Commissioners, but I am going to have to do it this time. I think it is the right thing to do. Jeff Hodgson: Ms. Rucinski. Jan Rucinski: And that is sort of how I've been feeling to piggyback on that. I really think we are looking at two separate issues, and I really think the only thing we can make a decision about is the land use. I think this is a pretty good land use. I feel for the neighborhood that is backing up and the church that is backing up to it, and I am hoping by them coming here today that somebody in the Planning Department and City staff can talk to the next person in line,and they can push that to get behind. I also know that the City is very behind in their BMP maintenance. But I think this one definitely needs a little timely service that has been long overdue; so, I will also support the application. Jeff Hodgson: Dr. Kwasny Item#D1 Traditional Concepts, L.L.C./Victory Baptist Church Page 21 Karen Kwasny: I was conflicted as everyone else. I do think that this is an opportunity. If we move this forward,this is one of those cases where it becomes an opportunity for something to happen. I feel a little hypocritical when I say that,when I'm teetering on edge, but I feel pretty convinced that's the case because for instance, if we do have outfalls that are going into this BMP, and this BMP is the problem, then this is going to draw attention to something that might have ended up down on a list somewhere waiting even longer than you already waited. So, it is a possibility that the BMP is going to be utilized by the new development. The new development is going to have to address an issue that will be their own. Then that is already an issue of the current development. So, it then becomes a benefit. Do we need to be consistent in that kind of review of land use? I think so. And, if we push it forward and we allow for the piggy-backing, it will result in the attention it deserves. And, so that is how I finally came to my decision. Jeff Hodgson: Is there anyone else? Who would like to make a motion? Donald Horsley: I make a motion that we approve the agenda item. David Weiner: I'll second it. Jeff Hodgson: A motion made by Don Horsley to approve the item and seconded by Commissioner David Weiner. AYE 8 NAY 3 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER NAY REDMOND NAY RIPLEY NAY RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: by a vote of 8-3,the Commission has approved the application of Traditional Concepts and Victory Baptist Church. Eddie Bourdon: Thank you all for your patience. GoA.B4FAc, CITY OF VIRGINIA Cin BEACH "' a INTER-OFFICE CORRESPONDENCE .k ���_. __ vli _ la_ C� 0 p __ 0 9 -.�a�.r.� 5 OF OUR NPS\ON In Reply Refer To Our File No. DF-9342 DATE: August 5, 2016 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilsoril, DEPT: City Attorney RE: Conditional Zoning Application; Traditional Concepts, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 16, 2016. I have reviewed the subject proffer agreement, dated January 25, 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/ka Enclosure cc: Nancy Bloom VICTORY BAPTIST CHURCH OF VIRGINIA BEACH, INC., a Virginia non-stock corporation TRADITIONAL CONCEPTS LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 25th day of January, 2016, by and between VICTORY BAPTIST CHURCH OF VIRGINIA BEACH, INC., a Virginia non-stock corporation, party of the first part, Grantor; TRADITIONAL CONCEPTS, LLC, a Virginia Limited Liability Company, party 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 that parcel of property located in the Kempsville District of the City of Virginia Beach, containing approximately 10.003 acres which is described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is hereinafter sometimes referred to as the "Church Parcel"; and WHEREAS, the party of the second part, as the contract purchaser of a 8.2 acre portion of the Church Parcel, has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the 8.2 acre portion of the Church Parcel which is designated "Property to be Rezoned" and more particularly described in Exhibit "A" from R-15 Residential District to Conditional R-10 Residential District. Said "Property to be Rezoned" shall be hereinafter referred to as the "Property"; 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 Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of GPIN: Part of 1474-53-4410-0000 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 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 Grantors have 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 R-io Residential 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 as a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantee, 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 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 shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantee, and other successors in interest of title: 1. When the property is developed, it shall be as a single family subdivision with no more than fourteen (14) single family residential lots, substantially in accordance with the Preliminary Subdivision Plan designated "ENCLAVE AT VICTORY", sheet C-2 dated 01/15/16, prepared by Pinnacle Group Engineering, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Preliminary Subdivision Plan"). 2. The total number of residential lots permitted on the Property shall not exceed fourteen (14) including Lot 13 upon which the existing Church parsonage shall remain. Each new two-story home shall contain a minimum of 2,400 square feet of living area and no less than a two (2) car garage. Any one-story ranch home shall contain a minimum of 2,200 square feet of living area and no less than a two (2) car garage. 2 3. The architectural design of the residential dwellings will be substantially as depicted on the four (4) elevations exhibited on the Preliminary Subdivision Plan. The primary exterior building materials permitted on the new homes shall be limited to some combination of: architectural shingles, hardie plank, stone, brick, premium vinyl siding, fiber cement siding, and/or wood. 4. Further conditions may be required by the Grantee during detailed site plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 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, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; 3 (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 name of the Grantors and the Grantee. 4 Witness the following signature and seal: Grantor: Victory Baptist Church of Virginia Beach, Inc., a Virginia non-stock corporation By: -'c C ! •Ahla ,I.,‘,. (SEAL) Leslie W. Smith, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The forgoing instrument was acknowledged before me this 25U-day of January, 2016, by Leslie W. Smith, President of Victory Baptist Church of Virginia Beach, Inc., a Virginia non-stock corporation, Grantor. r /1 44 1 /4 DT -6,44:ei&.' Notary Public My Commission Expires: august 31 . 201 8 ,.- -*"-\P h: Notary Registration Number: 192628 +,�,,��� �oMMoti 4/ . of . ;* It!lb.:4 1.1.00 5 Witness the following signature and seal: Grantor: Traditional Concepts, LLC, a Virginia limited liability company (3 By: ,217:27(/ (SEAL) Way osby, Mar :ger STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The forgoing instrument was acknowledged before me this 25th day of January, 2016, by Wayne Crosby, Manager of Traditional Concepts, LLC, a Virginia limited liability company, Grantor. .AliA i A ilii (1 . ,,e, Notary Public My Commission Expires: August 31, 20180 Notary Registration Number: 192628 C4914w 4 H v 0001112* � vim. osos 6 EXHIBIT "A" LEGAL DESCRIPTION "CHURCH PARCEL" ALL THAT certain lot, piece or parcel of land with the buildings and improvements thereon and the appurtenances thereunto appertaining, situate, lying and being in the City of Virginia Beach, Virginia, and being more particularly designated as "10.003 ACRES" on that certain plat entitled "SURVEY OF PROPERTY OF MARGARET L. STONE (D.B. 495, P. 291), FOR REVEREND LESLIE W. SMITH, VIRGINIA BEACH, VIRGINIA, SCALE 1" = 6o", dated October 9, 1998, prepared by John E. Sirine and Associates, Ltd., Surveyors, Engineers and Planners, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 275, at Page 18, reference to said plat being made for a more particular description of the aforementioned property. GPIN: 1474-53-4410-0000 "PROPERTY TO BE REZONED" ALL THAT certain 8.2 acre portion of the 10.003 acre parcel depicted on the "SURVEY OF PROPERTY OF MARGARET L. STONE (D.B. 495, P. 291), FOR REVEREND LESLIE W. SMITH, VIRGINIA BEACH,VIRGINIA, SCALE 1" = 6o"', as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 275, at Page 18 which is more particularly described as follows: Beginning at an "Old Pin" along the western right of way line of Indian River Road 140.5 feet south of its intersection with Hillcrest Meadows Lane, thence turning and running South 50° 12' 00" West, 1,089.00 feet to a point; thence turning and running South 39° 48' 00" East, 400.10 feet to a point; thence turning and running North 5o° 12' oo" East, 745.93 feet to a point; thence turning and running North 39° 48' 00" West, 227.81 feet to a point; thence turning and running North 50° 12' 00" East, 341.32 feet to a point along the western right of way line of Indian River Road; thence turning and running North 39° 48' 00" West, 174.94 feet to an "Old Pin" at the Point of Beginning. GPIN: 1474-53-4410-000o (PART OF) H:\AM\Conditional Rezoning\Traditional Concepts\Proffer_clean 4-n-i6.doc 7 a41- f.-4. i''' ''''- -• :\\\ \i\VIW:f. 4 4 \� \\ '\ \ 1-- \ \ r3 \ .1,1 \, ,si- ‘ C.: , ,4 ' Ai �� , \ t = 1 \-,,J .-t \.,' % 1), 111 us ‘ ' CI TM' O_40.144 -' � � , 9__,,,____----,:\ ., ,,,.,. (Nizv - s . ,,�tritil I*ILI 111 k ' .'' *Pa C _,,,,iiii. 111* Cavi _....:i, , ,, ___..„,...,,,,- -----------. \ '''''-a:';'::::'1r I-' CV _.� 0 ---1001°1 ------4 1\c \ \ -ra j „ sc%. ,..* .. .i, -- fl-t-st-- - - t . \14-71 ' \'''''''' -..-"-----'n:kr_s, kik 55t .,.--'1t S iSsbi,,,siiil.s 1/4, .---- . ,u,r "IT CN a---‘ , s. ''. \91 . M '' , - ‘_----Ail [2] CD N. 1 .r' ,r r 4041 1 x O 453444, 5 4,l i-.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ALDI (N.C.) LLC [Applicant] THREE FIVE MINISTRIES, INC. [Property Owner] Conditional Change of Zoning from R-15 Residential District to Conditional B-2 Community Business District. 929 First Colonial Road (GPIN 2408605805). COUNCIL DISTRICT— LYNNHAVEN MEETING DATE: August 16, 2016 • Background: The subject site is currently zoned R-15 Residential and developed with a church, constructed in 1950. The applicant requests to rezone the property to Conditional B-2 Community Business District to allow for the redevelopment of the site with a grocery retail establishment, specifically Aldi. The submitted site plan shows the 18,000 square foot building located towards the rear of the site, with the parking area located between the building and First Colonial Road. A substantial landscape buffer will be installed between the building and the adjacent residential properties. Landscaping, including a three-foot in height berm planted with large street trees and shrubs, will be installed along First Colonial Road. Access to the site will be from the existing curb cut which accesses First Colonial Road at a signalized intersection. • Considerations: The site is located within the greater than 75 dB noise zone. Rezoning the site to Conditional B-2 for redevelopment with a grocery retail establishment will remove a residential zoning and assembly use that are not compatible uses with the Compatible Use Table in Article 18 of the City Zoning Ordinance (Special Regulations in Air Installation Compatible Use Zones). The site is also located within the First Colonial Medical Corridor. The Comprehensive Plan recommends that priority should be given to redevelopment proposals that complement the area's medical and health activities. Staff evaluated this request and believes that due to the property's location in the southern-most portion of the corridor and its close proximity to other retail uses, that this request is appropriate. 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 public hearing. The primary concern of the concerned citizens was the increase in traffic volume to First Colonial Road, which currently experiences a high volume of traffic. • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 8-2 with one abstention, as proffered. ALDI (N.C.) LLC Page 2 of 2 • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De, . e• •ency: Planning Departm:i4 City Manager: Applicant Aldi (N.C.) LLC Agenda Item Property Owner Three Five Ministries, Inc. Public Hearing June 8, 2016 (Deferred on May 11, 2016) D2 ,Ya1, City Council Election District Lynnhaven Virginia Beach Request Conditional Rezoning(R-15 Residential to Re R open°`"a 6-7OdIonL Conditional B-2 Community Business) c a'`ank € "� Cutler RO dG g !! Orpe Qyo ny" Y \. St Martau Ori re * 5 t Staff Planner '075"DNL & ', 8'r�,4 $ g Kevin Kemp �+ aq , a € s fi Location v a 929 First Colonial Roady�etc""4 z .*` q %/A .. .. 4„,o` i G PI N 2408605805 wdr,,,,,eRoe t a >>s as DM soli Do2bc.'"Oi`re Site Size °u 1 ,r�'�'R 6 �nf 1 3 1 $ M,Mcta"c 000 04 3.32 acres 1 z c"aabrodK s *. a AICUZ w,st",Netet LiM O tieMliM t 2 70-75 dB DNL ""`"`ane 8 Greater than 75 dB DNL APZZ t od,a,ottre APZ1 Existing Land Use and Zoning District Church/R-15 Residential Surrounding Land Uses and Zoning Districts ` North , Medical Offices/0-2 Office South ;, Medical Offices/0-2 Office VI t�,4y East : So.� . t\,,N First Colonial Road o Bank/0-2 Office �\cooft c„ e iic tv s West ��; co"rt Single-family dwellings/R-10 Residential t co\o"�`�\ f o, 10 111a , cy coo i . -, to , �r ,r, o i\ • , . Hare a Aldi (N.C.) LLC Agenda Item D2 Page 1 Background and Summary of Proposal • This request for a Conditional Change of Zoning was deferred at the May 11, 2016 Planning Commission meeting.The applicant requested additional time to address concerns that were raised by property owners in the vicinity of the site, predominately with regard to traffic congestion along First Colonial Road. • The subject site is currently zoned R-15 Residential and is developed with a church building that includes a chapel,offices, and a gymnasium. City records indicate that the church building was constructed in 1950.The metal gymnasium building was added to the site in 1986.The initial Conditional Use Permit for the church was approved in 1962. A second Conditional Use Permit for religious use was approved in 1983. • The applicant requests to change the zoning on the site from R-15 Residential District to Conditional B-2 Community Business District for the purpose of redeveloping the site with a grocery retail establishment. • Site Design o Access to the site will be via an existing signalized entrance along First Colonial Road. o The submitted site layout depicts an 18,850 square-foot building(19,564 square feet including the canopy), located towards the rear of the site. o The proposed parking area will be situated between the building and First Colonial Road,approximately 90 feet from the right-of-way.The 107 planned parking spaces meet the requirements of Section 203 of the Zoning Ordinance related to on-site parking. o The conceptual Landscape Plan depicts a berm,three feet in height,to be installed along the First Colonial Road frontage.The berm will be planted with large street trees and screening shrubs. o The existing vegetation on the rear of the site will remain, and supplemental vegetative screening will be installed containing a mix of large evergreen trees,deciduous understory trees,and small evergreen shrubs. o In accordance with the City of Virginia Beach Landscaping Guide, interior parking lot islands will be installed as required throughout the parking lot. o The proposed stormwater management facility is depicted behind the new grocery building. o A freestanding, monument sign is proposed at the entrance to the site and will meet all requirements of the Zoning Ordinance. o The loading area will be located on the side of the building,facing First Colonial Road.A dumpster will be located in the loading area and will be screened by a privacy fence with a minimum height of six feet. • Building Design o The submitted building elevations depict a predominately brick facade with EIFS accents near the entrance,a row of horizontal windows on the front facade,and a cornice design feature along the roofline. o The entrance to the building is identified by a change in the roofline, EIFS accent panels,storefront windows and a canopy.A cornice design feature runs along the roofline. o Projected brick columns and decorative horizontal brick accents break up the otherwise expansive brick side walls. o The building signs are shown centered on the EIFS panels over the entrance and on the side of the entry tower feature.These signs will meet the requirements of the Zoning Ordinance. Aldi (N.C.) LLC Agenda Item D2 Page 2 R_15 , 02- .r .i — - 7._ d60N1 O_ - - 3 0-2 -,.' ` \ Zoning History # Request iik a 0-2 1 REZ(R-15 to 0-2) Denied 01/22/1991 , •"'"-- , , , ,,;„ _ 2 CUP(Religious Use)Approved 08/01/1983 R•1i1 �� CUP(Religious Use)Approved 05/10/1962 .,rsei oar. •" 0 -2 R-15 ' 3 REZ(R-4 to 0-2)Approved 02/07/1983 ft • Y �f `, 1 _ '', R-1,5 .`r N. 0.2- i -- B•2 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Focus Area 5-First Colonial Medical Corridor. Sentara Virginia Beach General Hospital anchors a major medical complex along First Colonial Road from Mill Dam Road south to Republic Road.The area includes medical offices, rehabilitation centers,senior housing and a good mix of non-medical uses such as banks,general offices, places of worship and other neighborhood based services.The Plan recommends that priority be given to infill or redevelopment proposals that complement the area's medical and healthcare activities. (pp. 3-20) Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay watershed.There do not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name, Present Volume Present Capacity Generated'traffic First Colonial Road 41,090 ADT 1 27,300 ADT 1(LOS 4"D") Existing Land Use 2-160 ADT 31,700 ADT 1(LOS 4"E") Proposed Land Use 3—2,004 ADT 'Average Daily Trips z as defined by 3.3 acres of Sas defined by 19,500 square-foot 4 LOS=Level of Service property zoned R-15. grocery store Master Transportation Plan (MTP) and Capital Improvement Program (CIP) The site is located on the west side of First Colonial Road at Southall Drive and the access point to this site is the fourth leg of the signalized intersection. First Colonial Road is well over capacity as shown in the above traffic volumes information. First Colonial Road is an ultimate six-lane major arterial, 150 feet right-of-way on the MTP. There are no proposed projects for this section of First Colonial Road. Aldi (N.C.) LLC Agenda Item D2 Page 3 Public Utility Impacts Water The site currently connects to City water.There is an existing 16-inch City water main along First Colonial Road. Sewer The site currently connects to City sewer.There is a 12-inch City gravity main along First Colonial Road. Evaluation and Recommendation This request to change the zoning on the subject site for the purpose of redeveloping the property with a grocery retail establishment is not consistent with the Comprehensive Plan's Land Use Guidelines for the First Colonial Medical Corridor. However,Staff believes that due to the property's location in the southern-most portion of the corridor and its close proximity to other retail uses,that this request is appropriate. The site is located within the greater than 75 dB noise zone.Applications in this area are evaluated for compatibility with the uses outlined in the Compatible Use Table in Article 18 of the City Zoning Ordinance(Special Regulations in Air Installation Compatible Use Zones). Review of that table reveals that the proposed commercial zoning and the retail use are compatible with the provisions of Article 18. This request will remove from the highest noise zone, both an incompatible residential zoning and an incompatible existing assembly use from the site. The initial submittal depicted the addition of an outparcel that was to be created at a later date.This outparcel contained 4,950 square-feet of additional retail space.As retail use is recognized as one of the highest traffic generators, and due to the current high volume of traffic along the First Colonial Road corridor,Staff requested that the outparcel be removed from the proposal. In an effort to address ingress/egress safety concerns related to the increase in projected vehicular trips that the grocery store will likely generate,the applicant has entered into an agreement with the adjacent property owner to the north to modify their vehicular ingress/egress point.This will improve access for the applicant's property to an existing right-turn lane,on a road that is already over capacity. Fortunately,egress from the site is already controlled and will continue to be controlled with a traffic signal. In addition,Staff has worked with the applicant to revise the internal layout for the parking lot, incorporating stacking lanes for traffic leaving the site at the existing signal.The site has been designed so that no rear vehicular access is required for potentially disruptive activities such as tractor-trailer deliveries and trash removal. Specifics of the traffic patterns and proposed improvements will be reviewed in more detail during the final site plan review process. According to the applicant's representative,this proposal has been presented to the adjacent commercial and residential property owners and reported to Staff that there is no known opposition to the request.The applicant has proffered a substantially wide, planted buffer behind the proposed building and along the rear parking spaces to sufficiently screen the adjacent residential properties from the future activities on this site.Additionally,the building has been situated nearly 135-feet from the rear property line to minimize the potential for adverse impacts on the existing residential neighborhood. For the reasons stated above, Staff recommends approval of this request as proffered below. Aldi (N.C.) LLC Agenda Item D2 Page 4 Proffers 1. When developed,the Property shall be developed in substantial conformity with the conceptual site plan entitled "ALDI INC. HILLTOP CHURCH", dated February 23, 2016, and prepared by Kimley-Horn and Associates, Inc. (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. The architectural style and quality of materials used for the grocery store to be constructed on the Property, when constructed,will be in substantial conformity with the exhibit entitled "Exterior Elevations". Prepared by MS Consultants, Inc. (the "Exterior Elevations")a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The following uses will be prohibited on the Property: newspaper printing and publishing;job and commercial printing; repair and sales for radio and television;small wireless facilities;wholesaling and distribution operations;automobile museums;automobile repair garages and small engine repair facilities;automobile service stations; bars and nightclubs; body piercing establishments; borrow pit; bulk storage yards and building contractor yards;fiber optics transmission facilities; mini-warehouses; mobile home sales; passenger transportation terminals;tattoo parlors;drive-through facilities; and liquor stores. 4. 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. Aldi (N.C.) LLC Agenda Item D2 Page 5 Conceptual Site Layout I EA a elm `v g < — p a ------ i P. a ( /awaa — — __________ \l':,,.. Ei .__,�--- *A Y1 i __4 .___?!_________ L. � Arig 01.11,1 I t di 49 I 8 11iIAII1I li I / 'i 1 It 11 IF I ; i 111:1 M IR ...-,--- , -,.1 e [L' - � `' — •JM ,I;a4Ffit g 1 zfil5 'o i _ 'III I'I �.—---------- Lam` I h, — �� �� 1 - \ y-. Aldi (N.C.) LLC Agenda Item D2 Page 6 Conceptual Landscape Plan . . . ci;- z : L , i 1 v 1 c , 'a -s § ca`4 a ;clf' ft ..."' 0 8 'F.: Op , >. m„, 1,- -0 . 9-) ‘;-::' W ;11° U. li i 61 1 . E E-F e r-r11-1-111i E U ' i 1 1 " 1 - t L gi i Ne 1-MIII-9.° q)- -I ‘''''', ,•', 7..2:. r • Oil I 1 i 0 1._ I ' I I I -------------__L_ i __ g , g 1110daV°°IVIN0100 J.Stitd i - -- - '17 Jit _ L. il it 1 i I- II ft i a I , 1 , tit - -;,..-...1!'•-•••-•:;---4.--1-h...c.t.u.v.-M en .0 al__ __ __-22,talcs m : I q ii! . .0 , I I . 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LLC Agenda Item D2 Page 8 Proposed Elevation » . . @ z �� ■ _ 9 ; ! U - \)\ t tZi i � ( - � �k|l'r \ ° M d f �»` ` & * ` - » -o m - 6- 77#i ! - y = j / _!. } #`� § . - � \ ii - R1 L1| ! f!5 ( / . � �a� .. . ! � o <>,! . ��� - ; f }- , } { ! \ J ) § -„,-.!-,s1.-� � ] 1 ° �^ dy 4 , ) I ) ` ° ; \ k ) � �� 1 \ \ 11111 1 \ \ . } { , / 2 13 0 ( / m . ° ^ }. {\ ƒ- ®� j ® % 0 \ . . . (\\\ 1 § I I / \ - | £ [ \NU § /� I Q 4 »4. : ° 2 14 i ( 1 < . 1 1 ) it \ Z ) IL 1029 Aldi (N.C.) LLC Agenda Item D2 Page 9 Site Photos ., }tea ,.,,,,....b! It',":j 11111111 ,w • `.. <} a � a +rt V -,4".."''+''''''' .;,.;'.7.......' !..'Wr.",,,,, '7 :*•''''''7,...,'.0.';•*.;v4fits•41-.,V,71.,•,'.4h•ftvi:k. f'Itti.. .� r t s. rs `A„'9 "I..rte:°,1-t div +. Aldi (N.C.) LLC Agenda Item D2 Page 10 Site Photos ,. ........._„. ..,..„.2, •-----—--—-—------ ---:4.-- ... . .„. A----—- ., - . 1 _ . . - f." ' ' .„... ,..- . . . ... . _ ... .. 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LLC Agenda Item D2 Page 12 Disclosure Statement \13 Virginia Beach APPLICANT'S NAME Aldi (N.C.), 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 1 Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning A•.eals 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 W3714— CIY‘1(14;_tdr— Aldi (N.C.) LLC Agenda Item D2 Page 13 Disclosure Statement Virginia Beach l I Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. LXJ Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Aldi(N.C.)LLC If an LLC, list all member's names: Scott N.Kornegay. Sole Member and Manager If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (8) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Aldi,Inc. See next page for information pertaining to footnotes r 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. J 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:Three Five Ministries, Inc_ If an LLC, list the member's names: Page 2 of 7 Aldi (N.C.) LLC Agenda Item D2 Page 14 Disclosure Statement .1kB Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Troy Smith(President); George Clarke(Advisor); Robert Foley(Advisor), Marcia Humphrey(Secretary); Scott S. Smith(Advisor) (8) List the businesses that have a parent-subsidiary I 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(it 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 ora businesspperating 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 SEPERATFI Y Page 3 of 7 Aldi (N.C.) LLC Agenda Item D2 Page 15 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if Lneeded) n Accounting and/or preparer of WJ your tax return XArchitect/Landscape Architect/ MS Consultants,Inc. Land Planner • Contract Purchaser(if other than n171 the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed 1-1 k purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Mg' Engineers/Surveyors/Agents Kimley-Horn and Associates,Inc. Financing (include current 1 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X U Legal Services Troutman Sanders LLP Real Estate Brokers/ Th. /to r r Gr> Agents/Realtors for current andI _ r anticipated future sales of the C.8/LW- 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 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 4 of 7 Aldi (N.C.) LLC Agenda Item D2 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. r — — -41:1 Yet, iy 4;11 APPLICANT'S SIGNATURE £ PRINT NAME DATE Page 5 of 7 Aldi (N.C.) LLC Agenda Item D2 Page 17 Disclosure Statement )121i3 OWNER rivremiaased YES NO I SERVICE PROVIDER(use additional sheets if needed) El ® Accounting and/or preparer of your tax return • El 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 • �L11 (Identify purchaser(s)and purchaser's service providers) • ® Construction Contractors Engineers/Surveyors/Agents Financing(include current mortgage holders and lenders • ♦ selected or being considered to provide financing for acquisition or construction of the property) ® Legal Services Wolcott Rivers Gates • Real Estate Brokers/ lQ j p-4 Agents/Realtors (or current and j`kGl(k wig Y' anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® 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 Aldi (N.C.) LLC Agenda Item D2 Page 18 Disclosure Statement viBeach 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. THREE MINISTRIES, INC. _ By ak —^ l Troy Smith, President 3.),zc h PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Aldi (N.C.) LLC Agenda Item D2 Page 19 Item #D2 Aldi (N.C.), L.L.C. Conditional Change of Zoning 929 First Colonial Road District 5 Lynnhaven June 8, 2016 REGULAR Jan Rucinski:The last item on the agenda today is D2, an application of Aldi (N.C.), L.LC.for a Conditional Change of Zoning from R-15 Residential to Conditional B-2 Community Business District on property located at 929 First Colonial Road, Lynnhaven district. R.J. Nutter: Thank you very much. Mr.Chairman and members of the Commission, my name is R.J. Nutter. I am an attorney representing the applicant. Thank you. I guess it is a pain that Eddie had to follow me,and everybody knows I have a long winded way about myself,so I guess this is payback. At any rate, I represent the applicant,Aldi, Inc. Aldi is a new company. It has been in the United States now for some time, but it is entering the Virginia and Hampton Roads markets throughout every Hampton Roads city. They are new to us, not just the fact that they are a new company, but,their concept of groceries is dramatically different than anything we've ever witnessed. In fact, it is directly opposite of everything we witnessed with the last 20 years. We've witnessed Food Lions starting out at 35,000 square feet, Farm Fresh is at 40,000 and Harris Teeter is at 60,000 square feet, Kroger is depending which one you pick, anywhere from 55,000—120,000 square feet. And on top of that,you throw Wal- mart Supercenters and in Wegmans,which are about 150,000 square feet and you use the trend where groceries have gone. So when a grocery store comes to you and comes to a neighborhood and says we're only 18,000 square feet, one half the size of the smallest store that first came to this area, and of that, we are only 11,000 square feet of actual retail sales area that is a very different animal and requires a lot of explanation. That is why we have to take the time we've had with the residents around us to explain how all the works and to let them know all about it. In addition to the size differential, it has to do with the fact they are designed not to be a destination, but a convenience store for people who are already going to a market in their area. There is no way they can compete with a 60,000 square foot Teeter because they are only 11,000 square feet retail space. So,they are for people who are already going shopping at the Kroger, Harris Teeter or Wal-mart, and want to have their line of products out a less expensive price, and are frankly,very in tune with their environment,and how they do business. That is a lot of their customer base. As a result,their customer radius is about two miles. And, as a result of that,they are going to have stores planned in Virginia beach on Shore Drive,further down towards the Oceanfront, on Virginia Beach Boulevard in the Thalia area,and I may have missed a few. They are opening up in Kempsysille, and there will be several more after that. In short, people are not going to drive to a destination location where somebody might drive from Kempsville to go to the store. They are not going to be driving from a very long distance.They will be going in route, and the reason for that is because,quite frankly,they are not trying to compete with them. They can't. They have a different model. The net result of that is the traffic that they generate doesn't fit in all of the books. The other thing about them is the traffic they generate is largely traffic that is already on the road to go to that area around Hilltop. In fact, I live in Great Neck, and I will tell you that if you live in that market,you're going to go to Hilltop for your shopping, or for clothes,for any number of items including groceries.And,when you do,you're going to have the opportunity to pass this store,They Item#D2 Aldi (N.C.), L.L.C. Page 2 found,for instance,that a larger percentage of the people who come to their stores. are already on the road going to another location. There are estimates that over 70 percent of the people who come to their stores, are actually already going down the road to go to someplace else. So,that's a big factor in how, if you look at the book, it will tell you 35 percent. That is based on a traditional grocery store,a much larger sales area, a lot farther to drive area with people going greater distances. So,you can't rely on all the books in this case. We've tried to look at a store in Richmond Virginia on Perham Road. As many of you know, Richmond on Perham Road. A very high traveled road.We picked it because the store has the same trader,a two mile trader. It has a high traffic count per day than first Colonial Road. This is the right store to pick to see how many people come into the store on a daily basis over a weekly time and what are the peak hours for them. What we found was anywhere from 400 to 600 people come to those stores on a daily basis. The other interesting thing is the peak hour is actually at 3:45 and 5:30. It just bleeds over to the next half hour.So,you have very different travel patterns. As you know, they don't open until 9:00 am, so they don't have virtually any am peak hour period traveling period. That is just a small part of the equation of this company and that is what I want you to understand. The biggest part of this just like any application,you know is not based on one issue. It is based on a variety of factors. Here are the factors that I want you to take serious consideration of in addition to what I told you about the traffic situation. First of all,what is the impact on adjacent properties? We always start there. First I will show you, we have 0-2 right next to us on the south, 0-2 on the north. We got residential behind us.We have 02 across the street, we have a bank located there,a commercial bank and Bank of America with the largest number of drive-thrus I've ever seen in my entire life.So,to say this is a commercial quarter is a bit a mystery. But to suggest that this be residential redeveloped, is obviously not realistic. A church has already got a Used Permit there, and that church by the way, is about 26,000 square feet and you look at that site and you think boy it's a pretty rare site, a lot of open space. These stores at this location is going to occupy 18,900 square feet,8,000 square foot less of building on this site,than exist today and everyone feels like that is very,very and pleasant site. So, let's talk about the narrative. Not only do we have land uses which are highly compatible with this,and in fact this zoning will eliminate, as your staff points out,two navy issues. It eliminates the R15 zoning that is here, because this is in a 75 plus noise zone. And it eliminates the congregational use, which is also prohibited in the 75 noise zone. So,we're eliminating tow Navy issues here. If you look at from a policy perspective from the Navy,we are in good shape. Now, let me tell you where we started and we met by the way. Long before this application was even advertised,we met with the residents behind us. I am happy to tell you that one of them went out of her way on my promise that she will be out of here by 2:00-2:30,so poor thing. She has taken her time. God bless her. So,we met the residents there,there are six homes along here. Our first thought was that we've got to meet with them and tell them about the Aldi Store. We got to answer all of their questions. We did what they asked us to do, and their input, directly resulted in this site plan. Let me go back to site plan. I will tell you what we did. First of all, we met with them and told them the whole story and we said we are prepared to put a significant buffer in the back. This buffer, by the way, is at its closest point is 130 feet. It is 160 feet at this furthest point. So,this is a buffer like no other. Second,we got a lot of trouble with kids coming back in here and we're very concerned about that. Can you put in heavy landscaping along here, so;we said yes. We will send you our landscaping plan before we submit it to the City, so if you want to revise it, please let us know so we can do that. And we got two comments that we add landscaping on here because there is school is right up here and there is a townhouse development up right here. There are a lot of kids that traverse in this area as they go out to Hilltop in that area. Then they walk on the right-of-way,they just go back here which is all green. So,we put in landscaping to stop that. All of that was done. We also agreed of course,as you can see there are no roads, no drive aisle,there is no nothing behind the Item #D2 Aldi (N.C.), L.L.C. Page 3 store. In fact,the truck access is here on the other side, next to office. It is located almost inside the building behind a wall and the big bulk of the building. The bay itself is also recessed,and significantly. The trash compactor area is located in that area. All the other things they asked were where is your loading dock area?Where about the machine that move equipment inside the store?Where is that stored? All of that is stored inside the store. So,you are going to be one of the quietist uses we've got out here. If you look and stop right there,we have a situation where we apply with the land use program here,we have met with all the neighbors concerned. We have a better benefit from the Navy perspective. We have given you a great amount of open space. There is a huge amount of buffer here in the front; much more because we agreed to eliminate an out parcel in the front. We took all that out and put in all the landscaping there and all the landscaping in the back. Then when we met with the residents across the street,they had a lot of concerns about traffic. In addition to that,can you add, because we want to be able to get there, a walkway and a bike loading area for us. It lines up directly with the crosswalks that exist today on First Colonial Road. So, all of that was put in at their request, and the president of the Civic League called me and we spoke later that week. He said the civic League is not going to take a position on this case.You've done what we asked you to do,you kindly addressed the issue on First Colonial Road, so,you will have some people come and speak because they are concerned about traffic.Our civic league will not take a position on this case. And that was music to our ears, if you could imagine.That will give you some indication we had our meeting with them where there was over 40-50 people at that meeting.Councilman Wood attended that meeting with us as. Following that meeting,give us two weeks to try to address some of other questions you raised on First Colonial and we will get back to you,and we did. We met with,the Deputy City Manager involved, and we got Jim Wood's help on that if I might add, but we got serious high level attention placed on this intersection. What could be done to make it better?To help not just us, but the more importantly the people across the street. So,they recognize that. I will tell you,that you don't have a lot of people here today,and didn't have them at 12:00, any more than you had them at 4:15. It is some evidence of the face that most people understood that we've done everything that we could do. We have an application of a new company bringing new jobs, and a new capital investment into the area. We go a company that is located at a spot where everybody is fine. Your staff has recommended approval, and your staff recommending approval comes with consideration that traffic engineering weighed in on this application, because we've been making improvements to that light. We're all for making additional improvements there in terms of timing, adding a left turn lane, which we said that if that doesn't help, please don't do it. If it does,we're willing to pay for it. So,you get an applicant that is more than met the standards by which of any application has seen that has come down here to you, and seeks for your recommending of approval. But if you can see,we've also engaged into a large amount of public outreach. I know you've given me some time after the little red light. I appreciate that. I did want to get in outreach applies with all of these programs, and to let you know what we've done,so I will stop. We have several speakers in support. I have some engineers if you have some questions. Two from Kimley- Horn, one on the traffic side. I have Josh Wall,with Aldi Foods. He is from Richmond. He came down today for the hearing. I have Les Watson who represents the church, and how much the church, has participated in this process with us. More importantly, I have Alex, and Alex is just wonderful who stayed all of this time Perecko,to speak in favor,who lives behind it. Finally, I will pass this out. It is a letter of support.There is one from Alex on behalf of her neighbors in the back, additionally met with the property owner on either side of us,on the north and south, and the owners on the north that signed the letter in support of the application. I'll pass those out for you as well. And I'll stop for a second. And let someone else talk, unless you have any questions? Item #D2 Aldi (N.C.), L.L.C. Page 4 Jeff Hodgson: Does anyone have any questions for Mr. Nutter? I have one quick one. You said the church was 26,000 square feet? R.J. Nutter: Total side of the buildings including the gymnasium. Jeff Hodgson: Thank you. Jan Rucinski: Is there any order? R.J. Nutter: I think Mr.Watson wanted to speak briefly for the church, and how much they have gone through, and worked with us and the neighbors. They wanted to make sure the neighbors were addressed correctly as well, as you might imagine. Jan Rucinski:Okay,our first speaker in support is Les Watson. Please state your name for the record. Les Watson: Mr.Chairman, and members of the Commission, my name is a Les Watson. I am a local attorney. I represent the owners of the land, which is the subject of this application. We, of course, support the application. But beyond that, I want to tell you how impressed we are by what we perceive is an incredible level of commitment on the part of Aldi to respond to the concerns of people who live adjacent to this property and near this property. We've been to several meetings,which Aldi has called with the neighbors,and we have watched them respond with compassion and concern to the issues raised by the residents. And I think you will even find that residents who abut the property in the rear may even be here to support the application. That is all that I wanted to tell you. We are very impressed by the way which the way they conducted themselves through the course of this application, and we fully support,and we think this a superb use for this property. Jeff Hodgson: Any questions of Mr.Watson? Thank you sir. R.J. Nutter:Jan, do you mind calling Alex? I promised her.Thank you very much. Jan Rucinski: Our next speaker in support is Alex Perecko. I hope I pronounced that correctly. If you can,just state your name for the record please. Alex Perecko: I am Alex Perecko. I am the owner of the property behind to the right. Basically,they have been very responsive. They had a meeting at the church. Several of my neighbors showed up. We were concerned with lighting. They addressed every concern. We didn't want lights in our backyard at night since the store was going to be open after dark,they told us that the lights they used point down. They time to turn on and cut off.The pedestrian traffic like R.J. mentioned was a huge concern. But they literally emailed their response,and it was in two days. Look at this plan from the landscaper. How does this look? Does it look like cutting it down, and even so far as saying we'll use thorny prickle bushes if it doesn't stop the pedestrian traffic.So very responsive and I actually went up to off of these and faced timed me, so I can see what it is going to look like, and I think it will be a great addition to the neighborhood. I'm hoping I'll be able to get over the thorny bushes, if need be. I'm in full support of it. They have been very cooperative and helpful, and eased everyone's concerns that was ever brought to our attention. Item #D2 Aldi (N.C.), L.L.C. Page 5 Jeff Hodgson:Are there any questions for Ms. Perecko? I was wondering if you were going to use thorny bushes or poison Ivy? Alex Perecko: Whatever works. Jeff Hodgson:Thanks for spending your whole afternoon with us. Alex Perecko: Thank you very much. Interesting process. Jan Rucinski:The next speaker is support is Mark Boyd. Sir, if you can, please state your name for the record. Mark Boyd: Sure, Mark Boyd with Kimley-Horn. Jan Rucinski: Let us know why you support the project. Mark Boyd: I'm in support of the project. I've been working. I'm the civil engineer for Aldi the last three years. I found it to be a very great client to work with.They are always concerned and accommodating of all requests, and citizen outreach is one of their big deals. We always look at that up front,and try to coordinate with everyone as much as we can. I think they've done everything they can on the site to provide a good use and especially if you tried to mitigate any concerns that some of the citizens have. Jeff Hodgson:Are there any questions for Mr. Boyd? Thank you sir. Jan Rucinski: Our next speaker is, Bill Baggett. Bill Baggett: Excuse me if I am a little nervous. It is my first time. Jeff Hodgson: That's okay. We're nervous too. Jan Rucinski: If you will just state your name for the record. Bill Baggett: William Baggett. I don't know which way to go. Because the improvement I fully support, as long as it is an improvement. But if it is moving parallel or stepping back, my thought would be and the former employers all said the same thing, as long as you're moving forward. My biggest concern is the traffic. For example,any of us going to Virginia Beach General Hospital travel First Colonial Road. It doesn't matter what time of day or night you go,except for maybe 2 or 3 in the morning,you're going to hit traffic. I can't think of how many times I've had to watch fire trucks,emergency personnel, rescue, EMS, police vehicle going from the hospital and took off come back, had to drive down the wrong side of the road just to get to Hilltop. Everything is dumped into Hilltop. Of course you have Hilltop north. Just like the other church,they have four lanes. We have trouble with traffic. I'm hoping it doesn't develop into a similar situation of Independence Boulevard and Virginia Beach Boulevard. My other concern, like I said, I can sit in my family house and I can listen to the sirens and tell you what's going by. I can tell you which direction and how bad the traffic is. But again,you factor in anything else, but it is like the Aldi's representative said, it's a small door. You're already there. You are going to stop and out,similar to a 7-11 grocery store. Again, if we can think about it as best as possible,and do our best foot forward Item#D2 Aldi (N.C.), L.L.C. Page 6 first, then we won't have to come back and reevaluate two or three years from now. First colonial Road is going to has to be expanded, and in order to expand it,you have to take. So,why not let's take a little farther down the line and once it is done, same project. That makes everybody happy. I thank you for your time. It has been a long afternoon. Mr. Inman, I remember you from Novack Shell. I spent 20 years. I get around. So,thank you everybody. I hope you all have a nice evening. Jeff Hodgson: Are there any questions? Thank you sir. Jan Rucinski: Our next speaker is Valerie Porowski. I did that right? Valerie Porowski:Yes you did. Jan Rucinski: Oh my gracious. Jeff Hodgson: good afternoon. Valerie Porowski: Good afternoon everybody. I can't believe the patience you people have, because I would have lost it a long time ago. I am Valerie Porowski, and I live at Tottenham Lane,which is off of First Colonial Road and we are in the townhouses that are at the traffic light that's across from the section that Aldi wants to move in to. So,we have a problem with traffic going in and out of our area. That's the same place where Bill is also. And, I have written down what I like to say, so I hope you don't mind me reading it? It would be easier for me. I am a resident of Southall corner off of First Colonial Road since 1999. I always wondered why there is so much traffic on First Colonial. It took me a while to realize that it is one of two roads that cars coming from the north from Shore Drive area, can get to the shopping areas or the beach front. They come down Great Neck Road to First Colonial to go to the many shopping centers in the beach front or they stay on Shore Drive,and add many miles to the trip. They go by the state Park at First Story, and down to Atlantic; instead,they go down Great Neck to First Colonial,and then to their destinations. Going from Tottenham Lane,where I live and attempting to take a left on First Colonial is a nightmare at times. There is a traffic light at one of the entrances and exits,the other has no light. If I want to take a right, there is a problem. I can use either egress to take a right but when I want to take a left on to First Colonial Road,at the intersection where there is a light, I cannot get onto First Colonial because things are jammed up many times because the bottleneck starts at the left entrance for the Hilltop shops on First Colonial. So, sometimes we have traffic all the way from the hospital down through First Colonial Road, all the way down to the Hilltop shops. Traffic studies have shown that usage on Frist Colonial Road is more than 140 percent of recommend usage. It was not built to accommodate this many cars with a hospital on First Colonial Road, emergency vehicles using First Colonial,there is no space for cars to get out of the way of these vehicles. And now how they change the lights so they can go through it, it takes a while to get the lights back on cycle. Also living on Tottenham Lane, many drivers think they can beat some of the traffic by cutting down my lane to get to the south Hall and First Colonial intersection. Many times they speed down the road, and don't bother to stop at the stop sign when they get to Southall. I've got many of them to slow down, and got angry responses. In reading the Planning Staff report, "Planning recommends that priority be given to infill and redevelop proposals that complement healthcare activities. " It also states retail brings high traffic and the current traffic volume here is way over capacity now. I'm not against Aldi's but I am against more traffic,which First Colonial Road cannot handle.Of course,therefore, I am greatly against the rezoning of this property at 929 First Colonial Road. Where will the zoning stop? It may just continue up Item#D2 Aldi (N.C.), L.L.C. Page 7 First colonial Road towards the hospital and then to Great neck Road. Please don't change the zoning. We don't need any more grocery stores in the area. We have more than enough. Thank you in advance for anything you can do to alleviate our traffic problems. And thank you for your time for listening to me! Jeff Hodgson: Are there any questions for Ms. Porowski? Thank you ma'am. Valerie Porowski: You're welcome. Jan Rucinski: Our next speaker in opposition is Douglas Murdock. Would you please state your name for the record? Douglas Murdock:Yes. My name is Douglas Murdock and I am speaking on behalf of my mother,who is Beth Murdock. She lives at Tottenham Lane. She has lived there since 1990. And I am also a resident of Virginia Beach. So, I am speaking on her behalf. Edward Weeden: Can you get closer to the mic? Douglas Murdock: Yes. Okay. And first I would like to say that I'm sorry to see the church being torn down. It is icon there. It is a smart business and eventually it is going to go under like bigger churches, let's say. So,first of all, I like to say that I read the applicant report, and there were a few discrepancies. Namely when they were talking about First Colonial Road. We are to the end of the applicant, and very little was said about us because we are not abutting the property. We are adjacent. I believe we're adjacent because we are east of it. But we don't abut the property, so you hear mostly about what's going on behind Athen's Property north and south. Our neighborhood is Southall Court, and is Southall Court Road where the light is. On the other side of the road is Tottenham.There is an entrance way out and in out of there, but there is no light. You can't put a light there because you can't put one there is is too close to Westwood traffic light. So,therefore,they ended up putting a light out there by the 1990s. When you take a left,yes a peak times,you can't hardly get on. You really have to fight to get in there, because the blockage is going from Wolfsnare Road all the way down to Southall Road. And,you kind of got to wait for to ease out to loosen up so you can work your way in there. Now,with that being said, the applicant didn't state there was a major hospital there. He just stated there are homes there. That is also a main corridor for the fire and rescue squad. Like I said,the cycle goes in and out all the time and that is just the extra turn as well.That is all that I have to say. Thank you. Jeff Hodgson: Thank you sir. Are there any questions? Thank you sir. Jan Rucinski: That is the last speaker. Mr. Nutter if you would like to rebut? R.J. Nutter:Thank you very much. And I will be very brief like I told you. As I told you,we took every one of these very seriously and that is why we deferred this last month to look at that,and the reason why I have their engineers here, in case there were any questions about it. But what we found is that the traffic generation from this store is to be diminius compared to many of the other uses that could be there. The other thing that we found, actually speaks to what Dr. Kwasny said,that sometimes when there is an application that directs the City's attention,to solve these problems. I will tell you in many years of appearing before you and Council, I can't tell you that I've seen any much any more attention Item#D2 Aldi (N.C.), L.L.C. Page 8 paid to the right of Southall and First Colonial than I have than I have in the last 30 days. The City is serious. They looked at a number of opportunity to make that better, and they feel that all they can add to that can help solve those problems. No matter what we do, we're going to have a traffic impact there. And, I'll give you a little story about the value of this property. One night Jim Wood told us, "look if you want to talk about a problem, let me talk to you about a church?" The Wave church up the road or Spring Branch Church up on the road on great Neck Road, so because this is a low attendance today doesn't meant that it couldn't be a mega attendance tomorrow with the same exact zoning with no input whatsoever from the City. The other thing is, and this is an actual fact, when Aldi came to this property, it was actually under contract with Remke. Remke wanted to put two retail uses on it.And, it wanted Aldi to be one of those two uses. I told Aldi that would not work.That this had to be a low intensity type use, so they bought out the contract from Remke to prevent that type activity from occurring. Not many people could do that. Quite frankly,they were committed to this site,this location. They feel strongly about it, but I will tell you those are the kind of uses you're going to see coming to this site. And this is why this application is so insignificant. It is among the smallest retail uses that you can have. It will provide the largest amount of open space of any property within the entire region including the hospital property I might add.They eliminated the out parcel and frankly,they didn't because the problem on First Colonial Road. They can't solve the problem on First Colonial Road.The city has to solve the problem,and you can't shut down development along that roadway because of the traffic issue. There is a street down every single one of your districts and there is a traffic count where there is excess traffic on,and that if that is the measure,we can all go home early because that will be the measurable what we do. This application comes to you with staff recommendation for approval. It is an application that has reached out to the neighbors that the neighbors supported on all sides of it,and reached out to the civic league across the way. The point that the civic league takes no position, because of the action has all been taken both on the site plan and as well as with the City trying help to solve traffic problem. We can't change the graphics of what's there. We can help solve it. That is why the civic league really voted to take no position. They felt like we've done all we could, and nobody could do more. So, I'm happy and proud to represent them. They've done a great job. I would tell you that because of the high percentage of cross over traffic,there will be some increase in traffic over by the way,just what this church provides. If you put a similar use on it,the traffic will actually go down, so if you put an office use on it,the increase traffic beyond and that would be destination traffic. New people come in because there are new doctors. There are new lawyers.There are new politicians.That is where Mr. Forbes office is. All of that will be coming to that location. Rather than driving by on the way to their other locations. So,we urge your support. We're happy and proud to have staffs recommendation of approval, and we urge you to support your staff as well. Jeff Hodgson: Thank you. That was it? Jan Rucinskl:That was it. Jeff Hodgson: We're going to close the public and open it up for discussion. Not everyone speak at once. Mike Inman: Okay. Jeff Hodgson: Mr. Inman. Item#D2 Aldi (N.C.), L.L.C. Page 9 Mike Inman: It seems to me they have reached out to all the effected by groups and responded to calls and requests for meeting,and worked things out, in a successful way,for the most part. Now,you look at, and I'm really convinced by the fact that there is going to be some use there of that property and there is going to be a commercial use. Is this perhaps the lowest impact that we can have? Because I do believe that it makes sense to me that people are already traveling in that area to another destination to multiple allies on the list to stop by. So, sole destination in terms of generation of traffic by this particular use, it may not appear to be to some and, so minimal use in terms of the amount of structure that is put on the size of the site. So, I know we have an issue there with First Colonial Road, no question about it. I experience it like the people here in the audience, and on the Commission, it needs attention, and this is going to get some attention. I think this is going to help bring some attention. All of the discussion that has been had to the traffic light situation,and the attention of expansion, I suppose of First Colonial. I would support the application. Jeff Hodgson: Ms.Oliver. Dee Oliver: And I think you've all done a good job as far as buffers and the neighbors behind with this application. I don't have any problem with it. But I do have a problem with is the amount of traffic and that it is our medical corridor that protects those areas of the city. They keep them such that they are a medical corridor for a lot of reasons. It makes sense to have medical offices next to the hospital. We have a fire department on Old Donation. It is a main thoroughfare road from Mill Dam and Great Neck and First Colonial Road. The traffic there is so bad,and even though with the turn lanes added for Southall, and all of that. They've done a great job. When you're there by the time it backs up at Southall, it backs up at Wolfsnare. It backs up with Republic. It backs up at First Colonial. It is a nightmare and you're trying to get rescue squad down there,and God forbid if it is one of us in the back of that truck, or the fire department has to get through and they can switch the lights because my daughter runs rescue. There is no doubt about it. But then it just backs up even more after the fact. It used to be it was just rescue going to the hospital. They are having so many problems rescue leaving the hospital and trying to get back out into the City. It doesn't make sense that would cause more congestion, and even though it is minimal, I totally agree, but it is 400 to 600 cars more. Traffic is already stated the fact that we are so far over in capacity for that road. I don't even understand how we did that. And,then we are going to add more to it,and the peak hours within the school zone and people leaving the offices, so; at 3:45 to 5:00 everybody,the doctors are leaving,the shift changes and at the hospital. The schools are letting out.You have Cape Henry and Cox using that road. We have First Colonial using that road. We got the elementary school,which started causing problems from the beginning. And you have Hilltop. I know for a fact that when I'm on that road, I'll look at it and it is easier for me to loop through up to Great Neck, cut back through London Bridge and go back down to get around that. It is less time and I'm covering more area. I don't' know the solution. I don't think this is going to help. I think it is going to make it worse, and I think at one point as a public safety and that is where our closest hospital is and one of our main fire department,we should take that into consideration when we are looking at this corridor. And,for that, I can't support it. I'm sorry. Jeff Hodgson: Anybody else? Mr. Redmond? David Redmond: A couple of things. The responsibility of this goes back for decades. This road would have been widened decades ago in my view,so here is not fixing that. With regard to the use, I think this is a substantial site improvement, landscaping is going to be an awful lot better.The site is frankly Item#D2 Aldi (N.C.), L.L.C. Page 10 oversized for the use. You wouldn't be able to have that big buffer in the front and that big buffer in the rear if it weren't. So I think 18,000 foot building, which is essentially the size of a Petsmart,to give you an equivalent, is not at all an outrageously sized use on property of that size.The way this particular market works is that people don't do their weekly shopping there. It is typically a 2, 3,4 items, and my guess is the vast majority of traffic that is coming to that store is going to be coming off First Colonial Road because it is on First Colonial Road.That is why they want to be there to capture all of that. There are much larger and much more comprehensive supermarkets within a one mile radius that would capture a lot larger sale of a trip.This is a much more convenience oriented supermarket. Smaller produce, smaller fish, smaller meats, smaller dry good,can goods. Somebody is going to go in and get a can of salmon,toilet paper, and bottled water,costing$12 bucks or whatever. But it is typically is not $150 grocery bill for a family of 4 for the week, so I am confident that the vast majority of the traffic is already there. It is not going to add much. Frankly,there are uses that could be far worse. From all the things we would like to see buffering, landscaping, setbacks,walking path, all of those things were done. But I've never seen in a supermarket that didn't have a lot load in the rear. There is an awful lot of thought and care, I think,that went into that site plan to make it as accommodating as possible. So, I think it has a lot to offer. I don't see, quite frankly, anything with regard to the application that would cause me not to support it. So,as Mr. Inman, I intend to support the application. Thank you Mr. Chairman. Jeff Hodgson: Is there anybody else? Mr. Ripley? Ronald Ripley: One of the things that Dave mentioned,that I was going to mention as well, is the intensity of use here is really very mild. It is 5,400 square feet an acre. If you did an office building,you would do at least 20,000 square feet an acre, I think,and here you probably have about 60,000-70,000 square feet in there that could employ 300-400 people in there depending on whatever. So, it looked like tome a very low intense development, so,just picking up from what you said. That was my comment. Jeff Hodgson: Mr. Horsley. Donald Horsley: I agree with that, and the intensity of the use is low, but what really drove my attention this morning when they had the picture up there. We got a lot of vacant land left on First Colonial Road that is not developed. So, I'm hoping that somebody higher up than we are is going to see that we need to do something about traffic on First Colonial Road because you can see these large parcels that are undeveloped,and we got some redevelopment that is going to occur down there too,just like this piece of property. But I think we need to send a message that we need to start thinking about what to do about the traffic on First Colonial Road, but I am going to support the application. Jeff Hodgson: Mr.Wall Jack Wall: I think it is kind of an odd use. It seems like we would want to preserve our medical office. It is predominately medical office area for protecting that. Being a medical corridor, and an office area with minimal business, a community business, but at the same time it seems like it is a low intensity use and I don't'think it is really going to make the traffic that much worse. Jeff Hodgson: Ms. Rucinski. Item #D2 Aldi (N.C.), L.L.C. Page 11 Jan Rucinski: I think what's happening with that medical thing that there has been so much new development that Princess Anne out by the new hospital that people are leaving that corridor and moving out. I noticed the last time that I was by there. There are a lot of vacancies. I was surprised because I have a couple of doctors over there that is there no longer. So, I think maybe that corridor may be in a transition. Jeff Hodgson: Mr. Redmond. Dave Redmond: Mr. Chairman, I move approval of the application. Mike Inman: Second. Jeff Hodgson: A motion made by Commissioner Redmond to approve the application and seconded by Commissioner Inman. Bob Thornton: Ed, I'm not voting on this. My company represents the applicant. Karen Kwasny: I completely over this parcel, because Mr. Nutter used to call my name to testify for the rationale here, and I don't'want to sound like I'm sliding back on that particular thought that I felt there. But because I see so much available here, I'm more concerned about this is one of those things were I'm concerned about precedence, and whether or not we put something in and then we start the ball rolling. I don't think traffic, I'm not saying stormwater management is easy to handle or gets the priority, but I think traffic is probably underneath that in terms of the priority list. It is down below that even further. And, I don't think it gets addressed and because it requires funding from outside sources, not from the developer. I think to start the ball rolling and precedence for this area that could be very negative in its impact following this, so, I cannot support it because of that. I feel it does create further traffic. It creates further problem and may create more of one if we have more of that type of thing coming in. Thanks for letting comment. Jeff Hodgson: Is there anybody else before we vote? AYE 8 NAY 2 ABS 1 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY NAY OLIVER NAY REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON ABS WALL AYE WEINER AYE Item #D2 Aldi (N.C.), L.L.C. Page 12 Ed Weeden: By a vote of 8-2-1, with one abstention,the application of Aldi, (N.C.), L.L.C. has been approved. Jeff Hodgson: I would like to thank everybody for attending today. I know it has been a long day. Meeting adjourned. CITY OF VIRGINIA BEACH s INTER—OFFICE CORRESPONDENCE -7,V -V \ tc5' 9 OF OUR N0,ON In Reply Refer To Our File No. DF-9554 DATE: August 5, 2016 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson p34 DEPT: City Attorney RE: Conditional Zoning Application; Aldi (N.C) LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 16, 2016. I have reviewed the subject proffer agreement, dated February 29, 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/ka Enclosure cc: Nancy Bloom Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 AGREEMENT THIS AGREEMENT (this "Agreement"), made this off ' day of rth0r.{ , 2016, by and between ALDI (N.C.) LLC, a North Carolina limited liability c4npany ("Aldi", to be indexed as grantor); THREE FIVE MINISTRIES, INC., a Virginia non-stock corporation (the "Church", to be indexed as grantor); (Aldi and the Church hereinafter referred to collectively as the "Grantors") and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, the Church is the current owner of that certain parcel located in the City of Virginia Beach, Virginia, identified by GPIN No. 2408-60-5805-0000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, Aldi is the contract purchaser of the Property; and WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from R-15 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, the Grantors acknowledge that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional B-2 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning district 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 GPIN No.2408-60-5805-0000 28005943v2 WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby 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 Grantors, 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 "ALDI INC. HILLTOP CHURCH", dated February 23, 2016, and prepared by Kimley-Horn and Associates, Inc. (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. The architectural style and quality of materials used for the grocery store to be constructed on the Property, when constructed, will be in substantial conformity with the exhibit entitled "Exterior Elevations", and prepared by MS Consultants, Inc. (the "Exterior Elevations") a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. The following uses will be prohibited on the Property: newspaper printing and publishing;job and commercial printing; repair and sales for radio and television; small wireless facilities; wholesaling and distribution operations; automobile museums; automobile repair garages and small engine repair facilities; automobile service stations; bars or nightclubs; body piercing establishments; borrow pit; bulk storage yards and building contractor yards; fiber 28005943v2 2 optics trans mission facilities; mini-warehouses; mobile home sales; passenger transportation terminals; tattoo parlors; drive-through facilities; and liquor stores. 4. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.] 28005943v2 3 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: ALDI (N.C.) LLC, a North Carolina limited liability company: By: 4///. -2/:74:- u Title / 'C/ i'-' S'/4 =-0-r— STATE/C-EM lMON`I T TTT OF �or j earD/r)cU CITY/COUNTY OF �i�0 // ,to-wit: The foregoing instrument was sworn to and acknowledged before me this day of 2cr" , 2016, by Jeayf-4 r/2e , on behalf of Aldi (N.C.) LLC. He/ i either personally known to and oY has produced /04 as identification. Witness my hand and official stamp or seal this agay of1iru4 , 2016. i /,.�.e ie.(I a� Notary Pub1i (SEAL) My Commission Expires: J-5-a0l ' CHELLE R CODDINGTON Registration Number: aOUgA,3"Do 94 NOTARY PUBLIC IREDELL COUNTY STATE OF NORTH CAROLINA 28005943v1 4 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: THREE FIVE MINISTRIES, INC., a Virginia non-stock corporation By: Title STATE/COMMONWEALTH OF V 05;n;e, CITY/COUNTY OF i r5�A>a, ee.ocln ,to-wit: The foregoing instrument was sworn to and acknowledged before me thi3944' day of 9\Q6 , 2016, 1):y 'CC S,Srr ' .- on behalf of Three Five Ministries, Inc. He/she is either personally known idn, or has produced &A. e%p k��struSQ, as identification. Witness my hand and official stamp or seal thisc"day of 'N.C\\ ,2016. OkLI-NO1VSIN. L,.9) Notary Public (SEAL) My Commission Expires: J\ �,d ars i ver Notary Public Reg#285983 Registration Number: D(6,53 S +Commonwealth o(Vi inia My Commission Expires 1:_ o� 28005943v2 5 EXHIBIT A Legal Description of the Property ALL THAT certain lot, piece or parcel or land situate in the City of Virginia Beach (formerly Princess Anne County), Virginia, and being bounded and described as follows: Beginning at a point on the west side of Mill Dam road (State Route 615), which said point is 513.02 feet of the northwest corner of the intersection of Wolfsnare Road and Mill Dam Road and from said point running South 76° 09' West 579.67 feet to a pin; thence running North 26° 58' 33" West 72.87 feet to a pin; thence running North 2° 40' 56" West 106.99 feet to a pin; thence running North 18° 49' 53" East 100.82 feet to a pin; thence running North 76° 54' East 542.63 feet to an old pipe in the west side of Mill Dam Road; thence running South 9° 00' East 254.60 feet to the point of beginning, and containing 3.46 acres. TOGETHER with concurrent easement for ingress and egress dated June 6, 1979 and recorded November 21, 1979 in Deed Book 1964, Page 716 and shown on Map Book 137, page 35 in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia and described as follows: ALL THAT certain piece or parcel of land situate in the City of Virginia Beach, Virginia, bounded and described as follows: BEGINNING at a point on the West side of First Colonial Road a distance of 21.07 feet south of the northeast corner of the Property of First Colonial Medical and Professional Buildings, and from said point running South 76° 09' West a distance 210.55 feet to a point; thence running North 13° 51' East a distance of 31 feet to a point; thence running South 13° 51' East a distance of 31 feet to a point; thence running North 76° 09' East a distance of 234.85 feet to a point on the West side of First Colonial Road; thence running North 09° West a distance of 20.07 feet along the West side of First Colonial Road to the point of beginning. TOGETHER with a cross sewer easement agreement dated May 16, 1983 and recorded July 15, 1983 in Deed Book 2269, page 1574. LESS AND EXCEPT that certain parcel of land conveyed to Commonwealth of Virginia by deed dated August 7, 1984 and recorded August 13, 1984 in Deed Book 2354, page 354 in the aforesaid Clerk's Office. IT BEING the same property conveyed to Robert Jones and Len Pallett, Trustees of the Church at Virginia Beach by deed from Robert Jones and Len Pallett, Trustees of First Colonial Baptist Church, dated December 3rd, 2002 and duly recorded January 10th, 2003 in the aforesaid Clerk's Office as instrument number 20030110000050370. 28005943v2 6 IiI" / .: "0/ 40PcseNNAy , 1)°,_, ,,. ,. V (9.„„1 , ,_ , - :=T:i`. '------- --- - ‘441 -:,-.-- .... -1:-''- . 6) -N/411111P ,, _, , • e Q.? / r.s.N...) ?,:ve 0 ' :>', •4e1 <I Ny .4)) 0 40fr /0:es<5: \ iolk 40' , 0 „ie et ',....\„ ...... 9r .,. ..., .\\., , / _, (0: 7/>. 40,0 c4111)11110. .N., Tiro 1- [01011 116[111111 1, CCI -s,ZQ ,,�Nu' y t O77 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 1476594453, 1476595337, 1476596300). COUNCIL DISTRICT— KEMPSVILLE MEETING DATE: August 16, 2016 • Background: This request to rezone and consolidate three undeveloped parcels on Independence Boulevard was deferred at the June 7, 2016, City Council meeting to the July 12, 2016, City Council. The request was inadvertently omitted from the July 12, 2016, advertisement for the public hearing. Based on this omission, the request is rescheduled for the August 16, 2016, City Council public hearing. 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: It is Staff's opinion that 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. Due to inconsistencies in the legal documents with how the applicant/owner of the parcels is identified, this item needs to be deferred. The applicant's representative has requested that this item be placed on the September 6, 2016 City Council aqenda. Staff is agreeable to this request. 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 c ri y,,i Virginia Beach Request I I 1t4 2i• Conditional Rezoning from0-2 Office to *,..s..r...,d Conditional B-2 Community Business d/ 4: y°4 (Application was deferred to allow the applicant �''�, 1 more time to complete the proffer agreement t'" ''*Elk] ,std and building design) al" e�•`'o� i No_Staff Planner Kevin Kemp .�w °y, � ¢fie �'�y Location d�° / %` 449,457,465 South Independence Boulevard +4,.0 / �I' a. 4 o �„m�.,o*' ,,*°� GPINs �° '� F d .3 Middlebrook Court 1476594453, 1476595337, 1476596300 Site Size 47,116 square feet AICUZ Less than 65 dB DNL Existing Land Use and Zoning District Undeveloped/0-2 Office `,,, ` , Surrounding Land Uses and Zoning Districts North '� 1/44%0e,/ ' �` South Independence Boulevard �r'�`' , Mixed commercial,office and storage/1-1 ,`' _ Industrial ` South Single-family dwellings/R-10 Residential ` - East ' Automobile repair/B-2 Community Business �'rr ' , West ��. .,,, Office/0-2 Office �`)•\ a L r 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 One ingress/egress point is depicted on the submitted plan.This 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 v \ B-3 '`� - 1 - \� PQ's" Zoning History a \ \ ' " # Request / Cr 0. 1 MOD Approved 02/08/2011 �\ \ °• �{ �; ' CUP(Private College)02/08/2011 \\ \ MOD Approved 06/14/1994 \ " . > \ CRZ(B-2 to Conditional B-3)Approved 04/23/1991 Q B-2 APPlication Twos 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 South Independence Boulevard 79,889 ADT' 56,240 ADT 1(LOS°"D") Existing Land Use 2—356 ADT 64,260 ADT (LOS 4"E") Proposed Land Use 3-594 ADT 1 Average Daily Trips 2as defined by a 47,116 3as 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 III 1111 I I 1 / I' C a 11 111- 3iit Y 3 , = C R n ki ._, g R ,.. o t ,, .. ti,. i= i 1 il5 Jh1I - � eP , LLi • H it I J Q r "I 11 IiT lii 1 i Ii fy. Io a a <, E s 1 a r} CD , I _ '} f 11_.1 `' v ., I u Z 1 yI *9b; LA z 1 z €s, W a I — II K biles Q - in UJ! Iy, v 1- > £ tl14€ Direct Independence Group, LLC Agenda Item D6 Page 6 Proposed Commercial Building Q w — p U w Cr) CC CO U Z w a Z w LL, w 4 Z ii , . c; 3 • i5 , k,„ ,, 4 ,, 1 1 . 1 It E * ....."..._ \ �. I-, I lb 1 N ti, _____ ,c___ _,i., 1,, wi !:il 0N 0 Wo OP .,.., 4 zo s W W I a.. 0 z .i I. Z a ,, 01 . ia t., „ • Direct Independence Group, LLC Agenda Item D6 Page 7 Proposed Commercial Building m w F U ta: I w d cn ck I w J CO Z w O Z w 0— w F Min L,.. -. , ! raw. 111 t410 II 1 II .r Li r, N • Ce wi.< ■ ', C1.5 N 0� o ws o Z P1' . ■ w 0z o c Zo Lk' ti_i',%•'-t./'. ',4-k a- z° sbw o a .ri:,,,1 ,',' ', , .,„' ':: .:-::, ......:„t 'c '0 "-.: - ::,;,:z.:'..,:::4'...i':: ,,:' Direct Independence Group, LLC Agenda Item D6 Page 8 Proposed Elevation z 0 r- -., J < 2 0 g4 IIIt > L1J • li LU S 11 • I- I Z I 4 o IW LI_ , ' .1 ... . 1 , , 0 1111 ' E 114 .. . 4111r. . - , . , ,„. .4, ,.., .i.:- ,.. w.- 0,u D G • • .:zk. 1.,,,,,,•' ,,._.,ill.,.,,. ,iliiii:I.,,. i\, F 0 Si .111 \ CI cl LIJ>7. 8 .,.. Z. 0 —:, '•..t....„4, , . ,.. , I, 0 z 'e, . ......... . ., , , , ..„ . - , - Lu Cl z 'N-A7,'", i ,,..:,.. • 0.?_ I z z :IT. .,... _. C -- , Oh . .. .......„. . .. •ei• Direct Independence Group, LLC Agenda Item D6 Page 9 Site Photos 4r4/' f ,...% Ps' IC pr :i1,;; ;.t .d" C `I4' 4 ! " 1 .-.7 ,,4' • " r r _ a \___.• ,�ate' 1 � ` o-� Direct Independence Group, LLC Agenda Item D6 Page 10 Disclosure Statement VB DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City I I Modification of by City Property Conditions or Proffers Alternative Economic Development j l` Compliance,Special Investment Program Nonconforming Use Exce•tion for (EDIP) Changes Board of Zoning Encroachment Request j Rezoning A. .eats Certificate of Floodplain Variance I Street Closure Appropriateness i, (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property ; Subdivision Variance Board , Conditional Use Permit License Agreement E 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 JS NOT a corporation, partnership, firm, _ business, or other unincorporated organization. yi Check here if the APPLICANT IS a corporation, partnership, firm, business, or c,i, . ;,; Page 1 of 4 , S` Eir I Direct Independence Group, LLC Agenda Item D6 Page 11 Disclosure Statement Virginia Beach other unincorporated organization, AND THEN, complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners,etc. below: (Attach list if necessary) Direct Independence Group, LLC -Thao Tran-Manager -Linda Tran -Manager (B) List the businesses that have a parent-subsidiary I 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. U Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ISI 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 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. Direct Independence Group, LLC Agenda Item D6 Page 12 Disclosure Statement 4\/13 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 4 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: j I PROVIDER(use additional sheets if YES ; NO SERVICE L needed) • 111 Accounting and/or preparer of Mike O'Neil your tax return un Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than • 111 the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed U purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ Construction Contractors (^I I Engineers/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 Cmortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) V XI Legal Services ShepelleWatkinsWhite Consulting Real Estate Brokers /Agents for Ccurrent 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 E an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. i ,v LI, , T/Ll ILIIII 2"1r. APPLICANTS SIGNATUREed PRINT NAMEpmf. �,. �. (V....4 ,1 DATE PROPERTY OWNER'S SIGNATURE PRINT NAME I DATE Anginsmoirimor 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 r 1 YES . NO j SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of J Mike O'Neil your tax return yiArchitect/Landscape Architect/ Land Planner Contract Purchaser(if other than 1 the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed rzi purchaser of the subject property (identify purchaser(s)and j purchaser's service providers) Construction Contractors D Engineers/Surveyors/Agents 1 MSA, P.C. Financing(include current mortgage holders and lenders IL U selected or being considered to I TowneBank provide financing for acquisition or construction of the property) 1Z1 Legal Services rShepelle Watkins White Consultin! Real Estate Brokers/ gi 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 ix 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 'NB 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 --r' I1 A.�'1�Z'l 46_iC ir'Ci o1/ LI,,t,�/a �(0-,Yf It 1),'12,_1&__. APPLICANT'S SIGNATURE �,i4„�1rt� ri`�r PRINT NAMED &t 164, twit. I r LL6r-; 1 DATE PROPERTY OWNER'S SIGNATURE PRINT NAME I 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 I N MAN 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. 1-, t =;z CITY OF VIRGINIA BEACH q . INTER-OFFICE CORRESPONDENCE i .a,F' moo-' 2 RT" f cL---- .,,,,_.,,,t.,,,,.-,,c, OF OURSI 0 NAO In Reply Refer To Our File No. DF-9572 DATE: August 5, 2016 TO: Mark D. Stiles[ � DEPT: City Attorney FROM: B. Kay Wilso9�'" 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 August 16, 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/ka 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 I0 ' day of PTr,l , 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 DI • 1; ND PENDENCE, LLC ' (SEAL) Th,yan, Manager • (SEAL) Finda Tran, Manager COMMONWEALTH OF VIRGINIA CITY OF CHESAPEAKE, to-wit: The forgoing instrument was sworn to and acknowledged before me on this le 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 14t1 day of April 2016. Allipt-A-Zabui.2/Prite.A) (SEAL) Notary Public to ��� �P E11 1,E1 1 Nll q % My Commission expires: 4`3011'6 .. , , o �.' Q- • ' NOTARY •i PUBLIC Registration No: I-6855S3 , REG.#7585583 /3__ - n :MY COMMISSION t • O PRIES ES :2 417 ;�'• 4-131)18 \-411; ,� , 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. (-------i r, r---______ =-1_ ,,---,.___,d 1 . ct, .0 , c, Lri 0 a) CZC I 1 - o H -- 1- .1 k 0 1 L._ , 2 <'N-50:41141 ?IP° eslI /----------Z ci--3111 0 CD •L'--,, J 0 ....,,,,, Cil* sictisi) at, , ,, \ Ill ( \ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MMR ASSOCIATES, LLC [Applicant& Property Owner] Conditional Change of Zoning from AG-2 Agricultural District to Conditional B-2 Community Business District. 596 Princess Anne Road (GPIN 2308992078). COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: August 16, 2016 • Background: The 1.15 acre site is zoned both AG-2 Agricultural and B-2 Community Business District. The applicant wishes to rezone the agricultural portion of the site to Conditional B-2 Community Business District for the purpose of installing a 5,000 square foot storage building. The storage building will be used to store parts and equipment associated with the lawnmower repair establishment currently on the site. For the storage building to be used as part of the existing commercial operation, the portion of the site containing the proposed building must also be zoned commercially, thus this request is required. • Considerations: The proposed storage building will be consistent in appearance and color to other buildings owned by the applicant at the intersection of Morris Neck Road and Princess Anne Road. The use of the property as a commercial establishment has existed for many years, and the addition of the proposed storage building is not anticipated to have any negative impacts on the adjacent residential properties. Additionally, the portion of the site containing the shed has been proffered for only the use and structure shown on the site plan submitted with this application. Should the applicant wish to develop the site further, City Council approval will be required. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request as proffered. MMR Associates, LLC Page 2 of 2 • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep. e► , - : -ncy: Planning Department City Manager: s- Applicant & Property Owner MMR Associates, LLC Agenda Item Public Hearing July 13, 2016 City Council Election District Princess Anne Virginia Beach Molds%Rcad Request Conditional Rezoning (AG-2 Agriculture District to Conditional B-2 Community Business co'And' Gmdan Can District) P.'*FIRdad Aura Disc UnpppRs tan dim Road Staff Planner Kevin Kemp Q P Location 596 Princess Anne Road y GPIN Motown Read Kd Portion of 2308992078 Roca rrtardi4Road Site Size s' 1.153 acres AICUZ Less than 65 dB DNL Existing Land Use and Zoning District Equipment sales&small engine repair/B-2 ° Community Business &AG-2 Agricultural A 41i Surrounding Land Uses and Zoning Districts North , Morris Neck Road altar �1''��r Ro,"� re • Lumber yard &single-family dwellings/B-2 + Community Business&AG-2 Agricultural South �•• ? Single-family dwellings/AG-2 Agricultural East Single-family dwellings/AG-2 Agricultural West f 1. a i Princess Anne Road Convenience store&fuel pumps/B-2 Community Business District MMR Associates, LLC Agenda Item 1 Page 1 Background and Summary of Proposal • The 1.15 acre site is zoned both B-2 Community Business District and AG-2 Agricultural District.The 23,067 square foot western portion of the site closest to Princess Anne Road is zoned B-2.The remaining 27,150 square feet is zoned AG-2. • The site is currently developed with a one-story building that is used as a lawnmower sales and repair establishment. City records indicate that the building was constructed in 1957. • The applicant wishes to rezone the agricultural portion of the site to Conditional B-2 Community Business for the purpose of installing a 50-foot by 100-foot metal shed.The shed will be used to store equipment and parts related to the lawnmower repair business. City regulations require that the portion of the site being used for commercial purposes(the proposed shed for the storage of equipment and parts) must also be zoned B-2. • The shed will be located along Morris Neck Road,at the eastern side of the property.The portion of the site that is being rezoned will be proffered for use only for the storage shed. • The applicant will install evergreen plant material between the proposed shed and the existing building to screen the repair facility from view when the overhead doors are open. • No other improvements to the site or to the building are proposed with this application. Zoning History AG-2 # Request 3 1 MOD Approved 06/21/2016 B_2• CRZ(B-2 to Conditional B-2)Approved 12/18/2002 CUP(Mini-Warehouse)Approved 12/18/2002 CRZ(AG-2 to Conditional B-2)Approved 11/13/2001 1 �� CUP(Car Wash&Fuel Sales)Approved 11/13/2001 B_2• CUP(Gas Station)Approved 12/07/1999 O REZ(AG-1 to B-2)Approved 05/29/1979 2 MOD Approved 10/09/2012 — AG-2 CRZ(AG-2 to Conditional B-2)Approved 06/24/2008 AG-2 CUP(Warehouse)Approved 06/24/2008 ® 3 CRZ(AG-2 to Conditional B-2)Approved 12/20/2005 a _ CUP(Hardware Store)Approved 12/20/2005 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 site as being within the Rural Area.The Rural Area is characterized as low,flat land with wide floodplains and altered drainage with a presence of agricultural and rural related activities including traditional and specialty crop cultivation, equestrian facilities,wetland banks, and other similar uses. It is an important MMR Associates, LLC Agenda Item 1 Page 2 objective to protect and sustain all of our valuable environment,scenic, and agricultural resources against inappropriate activities and intense growth pressures.There are occasional commercially zoned nodes that can be called Rural Community Areas, like Back Bay and Creeds that are small in scale with a few houses next to some shops that provide basic retail shops and services that serve the immediate rural community rather than cater to a large geographic area. Non-residential development should be located within these Rural Community Areas, as depicted on the Comprehensive Plan Map, p. 10, unless the non-residential is agricultural in nature or a farm, part of a farm, stable or mill.These Rural Community Areas should be thought of as a focal points for the existing and future development in this area of the City. Development in these areas can include a mix of locally oriented retail or services designed to be compatible with the landscape of the area (p. 5-1 to 5-4, 5-8). Natural and Cultural Resources Impacts A portion of the site is developed with a commercial building and associated parking areas.The remainder of the site is an undeveloped grassy area.The site is located within the Southern Rivers watershed.There do not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 3,764 ADT 1 15,000 ADT 1(LOS 3"D") Existing Land Use 2—35 ADT Proposed Land Use -No Change Morris Neck Road 560 ADT 1 9,900 ADT 1(LOS 3"D") expected 'Average Daily Trips 2 as defined by a 4,500 3 LOS=Level of Service square foot tractor supply store Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road in the vicinity of this application is classified as a minor suburban arterial roadway.There are currently no roadway CIP projects scheduled for this section of Princess Anne Road. Public Utility Impacts Water The site is currently served by a private well. City water is not available. Sewer The site is currently served by a private septic system.City sewer is not available. Evaluation and Recommendation The subject property is zoned both AG-2 Agricultural and B-2 Community Business.The applicant requests a Conditional Change of Zoning on the portion of the property that is zoned AG-2 for the purpose of installing a 5,000 square foot storage building associated with the lawn mower repair business on the site. The portion of the site being rezoned to B- 2 will be exclusively for the proposed storage shed. Should the applicant wish to expand or add another use to the site, additional approval will be required by City Council. MMR Associates, LLC Agenda Item 1 Page 3 The proposed storage building will be consistent in appearance and color to other buildings owned by the applicant at the intersection of Morris Neck Road and Princess Anne Road. Due to a City drainage easement along the southern and eastern property lines,the applicant does not intend to install landscaping along these property lines.As an alternative, the applicant has agreed to install a row of evergreen trees between the existing repair building and the proposed shed. This tree line will provide visual screening of the repair business to the adjacent residential properties when the overhead doors are open.Staff is agreeable to this alternative. The use of the property has remained the same for many years.Staff believes that rezoning a portion of the site for the purpose of adding a storage building will not negatively impact the surrounding properties or community. Based on these considerations,Staff recommends approval of this application as proffered below. Proffers 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "SITE PLAN PARCEL'A' SUBDIVISION OF PROPERTY OF I.V.JONES ET UX D.B.2392 P. 2167 VIRGINIA BEACH,VIRGINIA," dated April 4, 2016, prepared by Gallup Surveyors& Engineers, Ltd.,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(hereinafter"Site Plan"). 2. When the building designated "Proposed Metal Storage Shed" is constructed, it will have the architectural design and will utilize building materials substantially as depicted on the photographic exhibit designated "PROPOSED METAL STORAGE SHED FOR MM ROLLINS," dated June 14, 2016,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(hereinafter"Picture Rendering"). 3. When the Proposed Metal Storage Shed is constructed,the color of the exterior siding of the building shall be "Light Stone"with"Crimson Red"trim as depicted on the palette of"COMMERCIAL INDUSTRIAL COLORS" provided by Heritage Building Systems.The color palettes as referenced herein have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning(hereinafter"Color Palettes"). 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code,including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. 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Lo } Solar reflectivity or reflectance.s me J i ability of a material to reflect Saar O CHARCOAL GRAY ASH GRAY • OLE TA s=.rb Si.2q ,4 AY 54 vse se SR.$5•V energy from its surface COCK into the ^ ^"' atmosphere.The SR value is a number O from 0 to 1 0 A value Of 0 indicates that til ��r� N PSln all»tar energy and — . tCates t0(dl rell6;tanCe Z ENERGY STAR requires an SR value of C) *POLAR WHITE RUSTIC RED l-IGHT STONE 025 or higher for steep slope(above U re sirsess wsavu+c sx.w 't ?:12)roofer and an SR valueto065 Or higher for low slope(2:12 or Tess) [-/-) all roofing For more information,please go to www.energystar.gov. BURNISHED SLATE DESERT SAND GALLERY BLUE What is the ytr511129 45423541 5e2w5*,4 Solar Reflectance Index ' OD (SRI)? The SRI IS used to determine compliance with LEED requirements KOKO BROWN and is calculated according to AST M E 5a 2e 54,> 1980 using values for reflectance and emissivity Emissivity iS a material's • Ira coo season rail bemasa torn actual coign/VS. ability to release absorbed ener(6 To • fo•Eea li rtdobwtftnrmillittslorwebsltroon meet LEEO requirements,a roofing • mrnadmlealama material mast have an SRI of 29 or • a 250rrattlnaprOyamitnlor lobsnsvasite neatossilbCorm nut Om boat plait le as inbintliatat hale eget.) higher for steep slope(above 2:12) • Cmemflead dwiha$,praaraymattmisass9oprmYllWAs. roofing are an SRI value of 78 Or I Eaptalm u1t4n1idlc wsaxetra0.06 owlbi madtle Plwaikes nigher for low sR+wnweealasatairigt +a agrt3CERM3.tiMURMMtMMOH/MtlMUkr '8fslope(2:I2 of less; aoos+MiclmaQyvihfederal stye and local makes MfrdapteeatpOtt roofing.For more informattbr. - itahr'e te ea Sleittithettei o'ease go to www.usgtiC org COMMERCIAL INDUSTRIAL COLORS HERITAGE BUILDING SYSTEMS. i.800.643.5555 r,,.aA,e447979 www.heritagebuildings.com t a.nCiC-mw ry-Le onrsa NYSE es NCS 4 /', Built to lAst MMR Associates, LLC Agenda Item 1 Page 7 Proposed Shed Structural Drawing / fikr ' #i 4" , .4/•1,44 \\1(- — ' 1' ;r11,/ / \ \ ,, ....f/ ;Al,* 4 ,, /\\ ,\, j ,,\, \ i f�\ \,\ \, A, \ ,, t �r •— \ ,41 .. ,../.\ . / Axgr , , , _ \ . ..4....k Ne f4f/04k A, (_. MMR Associates, LLC Agenda Item 1 Page 8 Site Photos _ _--�:� MMR Associates, LLC Agenda Item 1 Page 9 Disclosure Statement \33 inia Bea.ii APPLICANT'S NAME MMR Associates. L.L.C. 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 ProffersAl Cotmpliance,Special Inv esDevelopment Program ens Nonconforming Use Exce.tion for (EDI P) Changes Board of Zoning Encroachment Request Rezoning A• •eats Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE F F 7`il'Y'irtif L sal ^w..__ Page t of 7 APPIICAN1 Nc)7:rlro Or IiiARiNG NO CHANGES AS Of •E ?/ /t /�❑�_ Rf VISIONS SU M ITTFD ' j MMR Associates, LLC Agenda Item 1 Page 10 Disclosure Statement NA3 Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) I ist the Applicant's name:MMR Associates, L.L.C. If an LLC, list all member's names: Marvin M. Rollins, Jr.. President: Gayle B. Rollins, Vice President/Secretary 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 t • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only_if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER I5 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 MMR Associates, LLC Agenda Item 1 Page 11 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 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 I 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§ 2.23101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect 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 MMR Associates, LLC Agenda Item 1 Page 12 Disclosure Statement 113 APPLICANT Virginia Beach 1 PROVIDER(use additional sheets if YES NO SERVICE L needed) __ 1 Accounting and/or preparer of your tax return • XArchitect/Landscape Architect/ Land Planner ( I f�' Contract Purchaser(if ether than 1 H l� the Applicant)-identify purchaser ! and purchaser's service providers Any other pending or proposed C ® purchaser of the subject property I (identify purchaser(s)and purchaser's service providers) Construction Contractors _-- _ ® Engineers/Surveyors/Agents Gallup Surveyors&Engineers,Ltd Financing(include current Donavon Ellis Bonney&Jacqueline t\/l mortgage holders and lenders Kellam Bonney.Trustees of the (�J selected or being considered to Donavon Ellis Bonney Revocable provide financing for acquisition Trust,dated August 31.2009 or construction of the property) XI - Legal Services Sykes,Bourdon,Ahern&Levy,P.C. I Real Estate Brokers/ E 7 i Agents/Realtors for current and anticipated future sales of the i 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 MMR Associates, LLC Agenda Item 1 Page 13 Disclosure Statement 111V13, 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. Marvin M. Rollins, Jr., President APPLICANT'S SIGNATURE _. 1 PRINT NAME { DATE IMMR Associates. L.L.C. Page 5 of 7 MMR Associates, LLC Agenda Item 1 Page 14 Item #1 MMR Associates, L.L.C. Conditional Change of Zoning 596 Princess Anne Road District 7 Princess Anne July 13, 2016 CONSENT An application of MMR Associates, L.L.C.for a Conditional Change of Zoning (AG-2 Agricultural to Conditional B-2 Community Business) on property located at 596 Princess Anne Road, District 7, Princess Anne. GPIN: 2308-99-2078-0000. PROFFERS 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "SITE PLAN PARCEL'A'SUBDIVISION OF PROPERTY OF I.V.JONES ET UX D.B.2392 P. 2167 VIRGINIA BEACH,VIRGINIA," dated April 4, 2016, prepared by Gallup Surveyors& Engineers, Ltd.,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(hereinafter"Site Plan"). 2. When the building designated "Proposed Metal Storage Shed" is constructed, it will have the architectural design and will utilize building materials substantially as depicted on the photographic exhibit designated "PROPOSED METAL STORAGE SHED FOR MM ROLLINS," dated June 14, 2016, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(hereinafter"Picture Rendering"). 3. When the Proposed Metal Storage Shed is constructed,the color of the exterior siding of the building shall be "Light Stone"with "Crimson Red"trim as depicted on the palette of"COMMERCIAL INDUSTRIAL COLORS" provided by Heritage Building Systems.The color palettes as referenced herein have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning(hereinafter"Color Palettes"). 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. A motion was made by Commissioner Thornton and seconded by Commissioner Rucinski to approve item 1. AYE 11 NAY 0 ABS 0 ABSENT 0 HODSON AYE HORSLEY AYE INMAN AYE KWASNY AYE Item #1 MMR Associates, L.L.C. Page 2 OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approve item for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. G1rUA•BEAc , AD rz. CITY OF VIRGINIA BEACH * kr ---- _ &, jl'- : * INTER-OFFICE CORRESPONDENCE Pe O kit'ln 1, , O u d5 R OUR NwO In Reply Refer To Our File No. DF-9594 DATE: August 5, 2016 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay WilsonPj DEPT: City Attorney RE: Conditional Zoning Application; MMR Associates, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 16, 2016. I have reviewed the subject proffer agreement, dated June 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/ka Enclosure cc: Nancy Bloom MMR ASSOCIATES, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 14th day of June, 2016, by and between MMR ASSOCIATES, L.L.C., a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a certain piece or parcel of land located in the Princess Anne District of the City of Virginia Beach, containing 27.150.7 square feet, which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the"Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG-2 Agricultural District to Conditional B-2 Community Business District; 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 development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, 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 resolve the situation to which the Grantor's rezoning application gives rise; and GPIN: 2308-99-2078-0000 (Part of) 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 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 with respect to the Property, 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. NOW, THEREFORE, the Grantor, its 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 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 this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "SITE PLAN PARCEL 'A' SUBDIVISION OF PROPERTY OF I.V. JONES ET UX D.B. 2392 P. 2167 VIRGINIA BEACH, VIRGINIA", dated April 4, 2016, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. When the building designated "Proposed Metal Storage Shed" is constructed, it will have the architectural design and will utilize building materials substantially as depicted on the photographic exhibit designated "PROPOSED METAL STORAGE SHED FOR MM ROLLINS", dated June 14, 2016, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Picture Rendering"). 3. When the Proposed Metal Storage Shed is constructed, the color of the exterior siding of the building shall be "Light Stone"with"Crimson Red" trim as depicted on the palette of "COMMERCIAL INDUSTRIAL COLORS" provided by Heritage Building Systems. The color palettes as referenced herein have been exhibited to the Virginia Beach 2 City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Color Palettes"). 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to B-2 and AG-2 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive 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. The above conditions, having been proffered by the Grantor 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 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 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, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; 3 (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 Grantor 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 Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: MMR Associates,L.L.C., a Virginia limited liability company By: 7 1 cur:,/6—,' ., 2 1 1/10,1, ' (SEAL) Marvin M. Rollins,Jr., esident STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to wit: • The foregoing instrument was acknowledged before me this /7'day of June, 2016, by Marvin M. Rollins, Jr., President of MMR Associates, L.L.C., a Virginia limited liability company,Grantor. 9 G�Lz� �`�� a.T ��i. Notary Publicits y My Commission Expires: 143020/4 (crobo ems ie, Notary Registration Number: oZ 773 1 ��'y�1130110t9 re %5 EXHIBIT "A" ALL THAT certain lot, piece or parcel of land together with the buildings and improvements thereon and the appurtenances thereunto belonging, lying and situate in the City of Virginia Beach, Virginia, being the easternmost 27,150.7 square feet of that parcel known, numbered and designated as Lot or Parcel A, 1.153 acres, as shown on that certain plat entitled, "Subdivisions of Property of I.V. Jones, et ux, D.B. 274 P 223, Creeds, Pungo Borough, Virginia Beach, Virginia, Scale 1" = 40', 9 Nov. 1984, prepared by Bruce W. Gallup, Land Surveyor, which said plat is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2392, at Page 2167. Said piece or land being more particularly described as beginning at a pin along the southern right of way line of MORRIS NECK ROAD at the northeast corner of Parcel A (D.B. 2392, PG 2167) and from said point beginning South 12° 09' 19" West, a distance of 159.93 feet to a pin; thence North 81° 58' 34" West, a distance of 173.31 feet to a point; thence North 18° 04' 58" East, a distance of 172.92 feet to a point along the southern right of way line of Morris Neck Road; thence running along the southern right of way line of Morris Neck Road South 77° 59' 35" East, a distance of 155.00 feet to the Point of Beginning. GPIN: 2308-99-2078-0000 (Part of) H:\AM\Conditional Rezoning\MMR Associates\596 Princess Anne Road Proffer Agreement.doc 6 . , .7/ „ . e „ . Dezi \ 01 . . -(' ,...,./.\\ i . . . , ./ . -/,, . 0 r i /./.// /2 \ /, / ...r.. / / /7 " /, , .'. ‹ \\ / a: mI° / 12 . 441:/\ / .„‘. ...„ ..„.. ./ - ..-- ..„, ... ,. .. / \ ,..., \ • .,•,:_. \ „ \ „„tis., ••• \ \ 10,11Itsi\\itis.t.11\4\, .'4..1\, \ a , _ •,.._, , . r • 7 , . ____— . „ . . _______ 0.11 . e 4000, \ II \ LI ,f- '`- ,/ '. / % / „ ,,,„ i C� I.- „,,,, q, .e ,,..4 ,,..„ ,.,,,,,„,:.;..... CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TISHIA HARRISON, ROYALTY SALON [Applicant] BAXTER RD, LLC [Property Owner] Conditional Use Permit Hair Care Center. 4867 Baxter Road, Suite 103. (GPIN 1476170757). COUNCIL DISTRICT— KEMPSVILLE MEETING DATE: August 16, 2016 • Background: The applicant intends to operate a hair salon within an existing office building. A Conditional Use Permit is required for a Hair Care Center when located in the 0-2 Office District. No exterior changes are proposed to the existing office building. The applicant has been licensed by the Commonwealth of Virginia Board for Barbers and Cosmetology for the previous ten years. • Considerations: This request is consistent with the Comprehensive Plan, and there are no adverse impacts anticipated as a result of this request. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request with the following conditions: 1. A business license for the Hair Care Center 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. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the office building as a Hair Care Center. 3. Any on-site signage for the Hair Care Center shall meet the requirements of the City Zoning Ordinance. 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. No window signage shall be 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. Tishia Harrison, Royalty Salon Page 2 of 2 A separate sign permit shall be obtained from the Planning Department for the installation of any signage. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Departme ( ►� City Manager 41111* Applicant Tishia Harrison - Royalty Salon Agenda Item Property Owner Baxter Rd, LLC Public Hearing July 13, 2016 8 ,quo City Council Election District Kempsville Virginia Beach Request Q } I" �9 Conditional Use Permit(Hair Care Center) ` ...a p c 0_ �` L $, �M,. L e Staff Planner I +�.s° s•40e Jimmy McNamara g ��' +, 'is 41/4 c Location a c 4867 Baxter Rd, Suite 103 . $ GPIN r 1476170757 4"ht, Site Size Ra° 1.53 acres a� 9 AICUZ Less than 65 dB DNL Existing Land Use and Zoning District Office building/0-2 Office Surrounding Land Uses and Zoning Districts 1 , ,' -' \-/,. North `, -",... ",, Baxter Road " ,o,„, Townhouses/A-12 Apartment - ;. South Golf course P-1 :Ti::::siness \7* mac, West ,-4.'” - , A Mixed commercial/B-2 Community Business , Tishia Harrison—Royalty Salon Agenda Item 8 Page 1 Background and Summary of Proposal • The applicant desires to operate a hair salon within an existing office building that is currently zoned 0-2 Office District. A Conditional Use Permit for a Hair Care Center is required within the 0-2 Office District for this use. • Four employees will work at this location. Proposed hours of operation are from 9:00 a.m.to 9:00 p.m, seven days a week. No cosmetic tattooing will occur. • The owner has been liscensed by the Commonwealth of Virginia Board for Barbers and Cosmotology for the previous 10 years. • The existing parking spaces provided on-site meet the off-street parking requirements of Section 203. A-1s , lk •-Z• R-10 Zoning History 0-2 1 # Request 2' O B•1A' 1 CUP(Communication Tower)Approved 05/27/2008 0-2 ? CRZ(0-2 to B lA)Approved 08/13/1997 CUP(Mini-warehouse)Approved 08/13/1997 2 CRZ(R-10 to 0-2)Approved 02/23/1993 /� 3 CUP(Automobile Service Station and Car Wash) Approved 08/08/2000 B-2 P-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 identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value,aesthetic quality of the stable neighborhoods, and reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area.Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings,quality and attractiveness of site and buildings, improved mobility,environmental responsibility, livability, and effective buffering with respect to type,size, intensity and relationship to the surrounding uses. (pp. 3-1,3-2) Tishia Harrison—Royalty Salon Agenda Item 8 Page 2 Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay Watershed. There do not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Baxter Road 24,330 ADT1 14,800 ADT'(LOS 2"C") No change in trip generation 27,400 ADT (LOS 2"E") 'Average Daily Trips 2 LOS=Level of Service Public Utility Impacts Water The site currently connects to City water. The existing one-inch water meter(City ID#95125274) may be used or upgraded to accommodate the proposed development. Sewer There is an existing private sanitary sewer network on the subject parcel that flows northeast to a public manhole at the intersection of Baxter Road and Weller Boulevard. The site currently connects to the private gravity sanitary sewer system referenced above. Evaluation and Recommendation This Conditional Use Permit request for a Hair Care Center within an existing office building is generally consistent with the Comprehensive Plan's land use policies for the Suburban Area that recommends that proposed commercial uses be compatible with the surrounding area. No increase in traffic is expected with this request,and Staff does not anticipate any negative impacts as a result of the addition of a hair salon within an existing office building. As such, Staff recommends approval subject to the following conditions. Recommended Conditions 1. A business license for the Hair Care Center 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. Prior to operation,the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the office building as a Hair Care Center. 3. Any on-site signage for the Hair Care Center shall meet the requirements of the City Zoning Ordinance. 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. No window signage shall be 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. Tishia Harrison—Royalty Salon Agenda Item 8 Page 3 Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code,including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Tishia Harrison—Royalty Salon Agenda Item 8 Page 4 Proposed Site Layout Existing Ingress/Egress Unit for \ CUP Existing Parking Existing Building ,tom „ 5 it Tishia Harrison—Royalty Salon Agenda Item 8 Page 5 Site Photos I Tishia Harrison—Royalty Salon Agenda Item 8 Page 6 Disclosure Statement Virginia Beach APPLICANT'S NAME t\ -121c,-"A"-', S DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City ( I Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exce.tion for (EDIP) Board of Zoning Encroachment Request I Rezoning A. .eats Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board _ -- Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE uu<c!?lliSF (3NV-2tilr.ryrrbcuptihr ..w r ;ri<:'a r;.r.Y Page 1 of 7 f';mai ! .•.._•i.. is y F• Utu Co,r t • fel c u t',.•yr ( 4 t ,.utrcnil. O AM if AN1 NO11H1 G Of !;AAKON( A'(,CIiANC.£5ASC:3 r NY,, Tishia Harrison—Royalty Salon Agenda Item 8 Page 7 Disclosure Statement Virginia Beach E Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ZCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:__ hi,, iJt - 1 I U ' If an LLC, list all member's names V SY)v ;10.(1-, ,S.:A l 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 owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, b iness, or other unincorporated organization. cry Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization,AN..D THEN,complete the following. (A) List the Property Owner's name: b4idr faL. LL L namLLC, Ii5L2he i-....f T4 4 t L. y- L ''t,,,,L,. aes: tq.rA1 1Z t f Page 2 of 7 Tishia Harrison—Royalty Salon Agenda Item 8 Page 8 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 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§ 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 suPject of the application or any business operating or to be operated on the Properly. 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 Tishia Harrison—Royalty Salon Agenda Item 8 Page 9 Disclosure Statement APPLICANT Virginia Beach PROVIDER(use additional sheets if ti ES NO i k SERVICE _ I needed) 0❑ ` Accounting and/or preparer of your tax return 1 ❑ Architect /Landscape Architect / Land Planner 1 Contract Purchaser(if other than ❑ El the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ' El r7( purchaser of the subject property JC J (identify purchaser(s)and purchasers service providers) ❑ Construction Contractors 0 ❑ Engineers/Surveyors/Agents '(W f'2Y1 -> :.(-c--' _ Financing(include current ❑ 0 mortgage holders and lenders selected or being considered to � provide financing for acquisition or construction of the property) ❑ 0 Legal Services _ Real Estate Brokers /zr ht"-�1 C-i-vitowl2trt.-`ak.,, Agents/Realtors for current and �' 0 anticipated future sales of the 1-• - 1--4-,;v-v . sub'ect •ro.erty (4-irs(.h1c44' 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 Elcontingent 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 Tishia Harrison-Royalty Salon Agenda Item 8 Page 10 Disclosure Statement NB 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. t APPLICANT'S SIGNATURE PRINT NAME DATE Page S of 7 Tishia Harrison—Royalty Salon Agenda Item 8 Page 11 Disclosure Statement NS3 OWNER Virginia Beach SERVICE ( PROVIDER(use additional sheets if YES NO needed) I V❑ Accounting and/or preparer of �1 ��1 t. "1t^ "�' - your tax return 0 ❑ Architect J landscape Architect/ I \- )..„4,___ c.3, (, Land Planner ontract Purchaser(if other than I D I the Applicant)-identify purchaser a.. purchaser's service providers Any other pending or proposed ❑ , purchaser of the subject property (identify purchaser(s)and : 1i-chaser's service providers) ❑ IC onstruction Contractors ., ❑ P Engineers/Surveyors/Agents Financing(include current -7 ' ❑ mortgage holders and lenders 1 C�nl/`Q.(n a. Iy selected or being considered to provide financing for acquisition �j (`�or construction of the property) i 0 Legal Services ;,.,,,,,,"r,.,_ ., Cl'h;-- Real Estate Brokers/ c ❑ Agents/Realtors for current and N6 Gez-i"`� anticipated future sales of the /} J sub ect •roperty 1 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO .oes an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development G ❑ 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 Tishia Harrison—Royalty Salon Agenda Item 8 Page 12 Disclosure Statement Nh3 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. II understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information 'provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meetin. of any public body or committee in connection with this Application ' - (5 v- ., 5TZ/lei PR*PERTVO,-' L0 'ATURE PRINT NA DATE VIII' / —�. __ _--- • ./' zr-V- Page 7 of 7 Tishia Harrison—Royalty Salon Agenda Item 8 Page 13 Item#8 Tisha Harrison Conditional Use Permit 4867 Baxter Road District 2 Kempsville July 13, 2016 CONSENT An application of Tisha Harrison for a Conditional Use Permit(Hair Care Center)on property located at 4867 Baxter Road, District 2, Kempsville. GPIN: 1476-17-0757-0000. CONDITIONS 1. A business license for the Hair Care Center 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. Prior to operation,the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the office building as a Hair Care Center. 3. Any on-site signage for the Hair Care Center shall meet the requirements of the City Zoning Ordinance. 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. No window signage shall be 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 Rucinski to approve item 8. AYE 11 NAY 0 ABS 0 ABSENT 0 HODSON 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 8 for consent. . . I ' I 47 / I I 'i , ----, : ,.„„/ cEt El t 41;, - '-'41111164mMOMMIII".14 Sp) 6t, VW I E., / NMI I I'? _ 03 D c3 i il L10 LJ . IFI , 40'. / 031— 71. i.---, . my ,A. y : 4.,..i - f--, --' I 11 tii-' . tit - -c,./ B 16 csf era I ...., c-3 B T Lii3 i., . . 7 Lii . , , co . ....„. lirr„ „„ „., 0, u ,...... ci G............„ , ,..i. AA_ „ .. --014-p- plHii i / ls, 214?) L. ,, ...- . ire it „Az. / F 1P1h. swig. iiit cli 1, ' . A 1.42,,r) -Tr 110- , ,ftiit ,f 2 as rtiri.._ NIA i 1 • ,.,..!., ii-mtif hi, . , - — ... / __T-1 L._ 1--- ' .1ra.._,ImilwrOttui lin II 1iimimuiii IIIU / / f -J, CO .,... _.:" -it.i. -1 ":,' - ' i „r .:-iiiient ifilliipinsiiriorsinit , i i 111 till Hill 1 , . J __J i tiNgilimillm 1 . Iiiii . , f ill " .,..... , LaaJo i T.I1 fii•ll. am L6.., 1., SA P \ \ lic-t---Alti . ' ' . F-7;314:4811,111111H , tai _Re PP 1111141i 11°11641.111jiminiwbob.,1-148. ...m11111%.= .. [ -In--% 4 , i� z ,� ,iii,„ .l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHERYL MCINTOSH [Applicant] CHRISTIAN CHURCH UNITING [Property Owner] Conditional Use Permit Childcare Education Center within a Religious Use (GPIN 1456521690). COUNCIL DISTRICT— CENTERVILLE MEETING DATE: August 16, 2016 • Background: The applicant proposes opening a Child Care Education Center within a 2,200 square-foot fellowship hall of an existing church. It is anticipated that it will serve children between the ages of 2 1/2 and five years old. No changes are proposed to the exterior of the existing building. A small fenced- in playground will be installed in the rear of the building to provide children a safe and secure area to play outdoors. • Considerations: The Building Official and Department of Social Services will determine the maximum occupancy of the Child Care Education Center. The request is consistent with the Comprehensive Plan and no adverse impacts are anticipated to the surrounding land uses and properties. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request with the following conditions: 1. The occupancy load for the Child Care Education Center shall be established by the City of Virginia Beach Building Official's Office. 2. A Certificate of Occupancy shall be obtained prior to operation of the Child Care Education Center. 3. Chain link fencing shall be prohibited for providing the safe and secure enclosure of the play area. Applicant Cheryl McIntosh Agenda Item Property Owner Christian Church Uniting Public Hearing July 13, 2016 5 wio City Council Election District Centerville Virginia Beach Request Conditional Use Permit(Childcare Education Sherry Avenue i _ IE Center within a Religious Use) l € # i ti 1 e A EE 4,'N.0,.. 1 F / Yta 8 Staff Planner 3 € 4 � yr s Jimmy McNamara 3 1 ��& a Location I t Jr 4 8 uao.A 6049 Indian River Road ry"�°"°"e•� GPIN �. 1456521690 $ �• °"`w«�,� - I .1 i Ilk Site Size ° €' i ,f i ag 4.78 acres it 4"bA AICUZ 4 I s .. Q a Less than 65 dB DNL /a +�'°" a Existing Land Use and Zoning District Church/R-5D Residential Duplex Surrounding Land Uses and Zoning Districts Provid.'rue Rod North Indian River Road f �. 1 V Gas station, Bank/B-2 Community Business ' r South Ai - z '� : hb0me5/R-5D Residential Duplex `st r'l-,1;,r,• Lot,t't _4 t$ Level Green Boulevard NM Multi-family dwellings/A-12 Apartment �''a,�� 4,, West �.e _ J :19° Church,Office building/B 2 Community - _ , Business _ -- o I % ak, - -ig° xs :� It:-.., 1 .w- 7. Cheryl McIntosh Agenda Item 5 Page 1 Background and Summary of Proposal • The applicant is requesting a Conditional Use Permit to operate a Child Care Education Center within a 2,200 square-foot fellowship hall of an existing church building. • The expected ages of the children to be served is between 21/2 and five years old. The Building Official and the Department of Social Services will determine the maximum occupancy of childcare education center. The application notes that the center will have a ratio of one teacher to every seven students. Proposed hours of operation are between 6:30 a.m.to 6:00 p.m., Monday through Friday. • No exterior modifications are proposed to the existing building. A small fenced-in playground will be added to the rear of the property to provide the children a safe and secure area to play outdoors. • The existing number of parking spaces on the site meet the requirements of Section 203 of the Zoning Ordinance for the Childcare Education Center and the existing Religious Use on the site. B I p 11 ' I J , - . Zoning History s ;J - # Request B'2 1 CUP(Church)Approved 04/11/2006 l fi CUP(Church)Approved 10/27/1998 r " ., 1 CUP(Small Engine Repair)Approved 04/14/1998 \ I. )1' "" ' •> 2 CUP Church Approved 10/10/2000 i,,:�,_ � - 3 MOD Approved 04/08/2003 �1;11-2s r 10=6;1_ iq PA'' CRZ(R-5D to Conditional B-1)Approved 07/02/2002 r 1 d : 4 CRZ(A-12 to Conditional B-2)Approved 04/26/1994 (! is t ++/� 5 CUP(Fuel Sales)Approved 05/28/2013 �' ~_ .. a 12_ i _. 6 CUP(Church)Approved 09/23/2003 I' _, !,: E 'A. - a €` — ' R-10 CUP(Church)Approved 08/25/1992 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 area of the City as Suburban Area.The general planning principles for the Suburban Area focus on preserving and protecting the overall character,economic value,and aesthetic quality of stable neighborhoods.Three key planning principles have been established in the Comprehensive Plan to promote this stability: preserve neighborhood quality, create and protect open spaces,and connect suburban mobility.To preserve neighborhood quality the Plan promotes compatible land use,safe streets,careful mix of land uses, neighborhood commercial use,compatible infill development and conditions on places of special care and home occupations. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility,environmental responsibility, livability,and effective buffering with respect to type,size, intensity and relationship to the surrounding uses. (pp. 3-1,3-2) Cheryl McIntosh Agenda Item 5 Page 2 Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. 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 47400ADT1(LOS3"C") 2 Indian River Road 40,040 ADT 1 58,200 ADT 1(LOS 3"E") Proposed Land Use 156 ADT 1 Average Daily Trips 2as defined by a 63 student 3 LOS=Level of Service child education center. Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Indian River Road in the vicinity of this application is a six-lane major urban arterial street. There are currently no roadway CIP projects scheduled for this portion of Indian River Road. The MTP shows this section of Indian River Road as an eight-lane roadway in a 155-foot right-of-way. Public Utility Impacts Water& Sewer This site is currently connected to both City water and sanitary sewer services. Evaluation and Recommendation The applicant's request to provide a Childcare Education Center in a church is consistent with the Comprehensive Plan's land use goals for the Suburban Area.This request will provide additional educational opportunities for pre-school aged children and will serve the surrounding community with no anticipated adverse impacts to the surrounding uses and properties. Based on the considerations above, Staff recommends approval of the request subject to the conditions below. Recommended Conditions 1. The occupancy load for the Child Care Education Center shall be established by the City of Virginia Beach Building Official's Office. 2. A Certificate of Occupancy shall be obtained prior to operation of the Child Care Education Center. 3. Chain link fencing shall be prohibited for providing the safe and secure enclosure of the play area. 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. Cheryl McIntosh Agenda Item 5 Page 3 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. Cheryl McIntosh Agenda Item 5 Page 4 Proposed Site Layout t ,, ,,,.,,.,,,,..z,,.,.7,..."___........ .N..„....::_ki ._ ,i , w -...„, S (14e2 ,_...... Ingress/Egress f11110- ,ITei r1 o 1 r 5 I e \\\'' 11 i I, i Parking c4 l" i! 1 Existing Church -' rg. I \ _ ' Childcare Education IL..? Center within the _� Church \__ �� i MP OM MI II 1/ At I ,; I Proposed Fenced-in 1_—�— ...=... --...i �i PlaygroundIII L Cheryl McIntosh Agenda Item 5 Page 5 Site Photos 1t„ ix _ ar • Cheryl McIntosh Agenda Item 5 Page 6 Disclosure Statement Virginia Beach APPLICANT'S NAME C-k -- M v— S1'1 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property ; Disposition of City I Modification of by City I Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special 1 Investment Program Changes Exce.tion for L(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 V 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 I of 7 0 APR!!!ANN FAO IPlf1 CP HLARIN.4 iM3CHAMA',AS C3{i5 .... �� ' i Rf,.ISIUAS SUM;TECs Cheryl McIntosh Agenda Item 5 Page 7 Disclosure Statement way Virginia Beach l J Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. (^I Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: The Academy of Learning L,L.C. If an LLC, list all member's names: Cheryl McIntosh,Lyndsey McIntosh If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) N/A (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) N1A See next page for information pertaining to footnotes.' and 2 ♦ + SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is jffergnt from Applicant. E Check here if the PROPERTY OWNER IS NOTa corporation,partnership,firm, business,or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization,ANQ TTIEN,complete the following. (A) List the Property Owner's name: Christian Church Uniting If an LLC,list the member's names: Page 2 of 7 Cheryl McIntosh Agenda Item 5 Page 8 Disclosure Statement gyr .. tC .r i is Beach If a Corporation,list the names ofall officer ,directors, members, trusViti.fftBtees, etc.below: (Attach list if necessary))—ro -ea Marce Long,Martha Kilmer.Ruth Varner Martha Kilmer, Ruth Varner, Marjorie Long (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 subiect of the applioatipn or arty.busjness_operating.4r 4p be operateston t t 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 Cheryl McIntosh Agenda Item 5 Page 9 Disclosure Statement APPLICANT ,*4 rtrpniaBeach PROVIDER(use additional sheets d YES NO SERVICE needed) j A1 Accounting and/or preparer of your tax return U o 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 nn Engineers/Surveyors/Agents Financing(include current (� I mortgage holders and lenders I I selected or being considered to provide financing for acquisition or construction of the property) 121 M Legal Services Real Estate Brokers/ • o 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 1.an interest in the subject land or any proposed development • LJ 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 Cheryl McIntosh Agenda Item 5 Page 10 Disclosure Statement Ai33 Virginia Beach i CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. ADPL ,.'TS SIG A ' PRINT NAME DATE -.'r i R Page 5 of 7 Cheryl McIntosh Agenda Item 5 Page 11 Disclosure Statement OWNER Virginia Beit YES { NO SERVICE I PROVIDER taseadditiorial sheets if 1 I needed) n a i Accounting and/or preparer of ! your tax return ❑ i e- Architect/Lands cape Architect/ Land Planner Contract Purchaser(if other than n X the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed I� purchaser of the subject property l� (identify purchaser(s)and purchaser's service providers) ❑ Construction Contractors n © Engineers/Surveyors/Agents Financing(include current Cl a mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nIXI Legal Services Real Estate Brokers/ f ® j Agents/Realtors for current and l 1 anticipated future sales of the l subject property 1 • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ Z 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 Cheryl McIntosh Agenda Item 5 Page 12 Disclosure Statement 2 'fie:;. +m2^<,..mrr� .,, nik FICA,'mf t artl certify t of the MFonratlon Wined in s ata t closure statement, G k is true,and aiowrate. understand that, upon of r� a#aart = scheduled for pubh rfk. 1 aua a' for `" provided hearain two weals p� �, tire: �� � � �, .ar meatinp of body or " ye ,,. -- - , -:,.....,,....-,---...,,....,--, ,.:,,,.,,, .„,-,,,,,,.--,,,,.,.,,,,,,,,,,...„.,,,,, ,, , ,.. , ,,, ,,, ,3,,,,,,,,,,,,,,,„1.,i,,f4.-4,4!..!,„ ,,,,...„. , ,.., , _., „,,,,,,,,,,,!:,,,,:4„•:,,,,,,,..,,,,:, N A "N` Cheryl McIntosh Agenda Item 5 Page 13 Item #5 Cheryl McIntosh Conditional Use Permit 6049 Indian River Road District 1 Centerville July 13, 2016 CONSENT An application of Cheryl McIntosh for a Conditional Use Permit (Child Care Education Center)on property located at 6049 Indian River Road, District 1, Centerville. GPIN: 1456-52-1690-0000. CONDITIONS 1. The occupancy load for the Child Care Education Center shall be established by the City of Virginia Beach Building Official's Office. 2. A Certificate of Occupancy shall be obtained prior to operation of the Child Care Education Center. 3. Chain link fencing shall be prohibited for providing the safe and secure enclosure of the play area. A motion was made by Commissioner Thornton and seconded by Commissioner Rucinski to approve item 5. 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 5 for consent. Lyndsey McIntosh appeared before the Commission on behalf of the applicant. 1 1 ir-1'cj --J., 1:7 ....1 Z . 51cicil0 ‘ e% a , it _ t .e!‘„ . Li r--* c... V.:. I 41 LC)'U&M 13 t (N 6:5-22 ,..cx.c. VIIP 1 ,‘ .11 •rtIrT,7 .(11' ,.'"_--1,... 47 ‘c,5 ,•._- 47 r....,. 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L.,...,...,_., ........-,-.. .:., ” •-,- I- r..." <---/ . . . . . , - ' (.. .__ ,,;. ci <`t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VIRGINIA GENTLEMEN FOUNDATION, INC. & THE CITY OF VIRGINIA BEACH [Applicant] THE CITY OF VIRGINIA BEACH [Property Owner] Conditional Use Permit for Forestry. 1181 Prosperity Road (GPIN 2416708636). COUNCIL DISTRICT— BEACH MEETING DATE: August 16, 2016 • Background: On May 28, 2013, the City of Virginia Beach awarded a 40-year lease of 69 acres of the subject 132 acre site. On August 13, 2013, City Council approved a Conditional Use Permit to allow the use of the site for an Outdoor Recreational Facility, specifically a facility for persons with special needs, wounded veterans, and families of fallen heroes. On the approved site plan, there are two phases of development identified. The first phase is currently being developed and consists of a lake, aquatic center, swimming pools, splash park, ropes course, wellness center, gymnatorium, cafeteria, tiki café, all-purpose fields, trails and parking areas. The specific uses included with the second phase are not known at this time; however, the area of the second phase is identified on the site plan as"Future Expansion Area Subject to CUP Review." The approximately six acres of the second phase is the only area of the site that is included in this Conditional Use Permit request. • Considerations: On March 16, 2016, a logging permit was obtained from the State Department of Forestry for the clearing of the subject six acres. A hauling permit was issued by the Planning Department. Following a citizen complaint, it was determined that a Conditional Use Permit is required for this use, as the site is located within a P-1 Preservation Zoning District. Since the applicant filed this application, both the Army Corp of Engineers and the Virginia State Department of Environmental Quality have visited the site and each determined that no violations are present. The area of the site that has been cleared is located outside of the limits of the existing wetlands on the site. This Conditional Use Permit is only for the approximately six acres that have been cleared. No further tree removal is proposed with this application. 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 public hearing. Virginia Gentlemen Foundation, Inc. Page 2 of 2 • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 11-0 with the conditions listed below. 1. Only area identified as "Future Expansion Area Subject to CUP Review & Approval" on the submitted site plan entitled, "CONCEPTUAL MASTER PLAN JT'S CAMP GROM, VIRGINIA GENTLEMEN FOUNDATION, VIRGINIA BEACH VIRGINA," dated June 21, 2013 and prepared by WPL and Clark Nexsen Architecture and Engineering shall be included in this Conditional Use Permit. No other clearing on site shall be permitted absent of a Conditional Use Permit. Said plan has been displayed to City Council and is on file with the Planning and Community Development Department. 2. An application to City Council for consideration shall be submitted, reviewed and acted upon prior to the commencement of Phase II of the proposed development. Phase II shall include the area identified as "Future Expansion Area Subject to CUP Review &Approval," on the submitted site plan. 3. All necessary permits required for the completion of the clearing of the area included in this Conditional Use Permit request shall be obtained. 4. In the event that construction of Phase II has not begun within five (5)years from the date of City Council approval of this application, the applicant shall reforest the subject area, identified as "Future Expansion Area Subject to CUP Review & Approval" with trees consistent with the predominate varieties that exist on the property. Prior to reforestation, the applicant shall meet with the Development Services Center Landscape architect and the City Arborist to ensure the reforestation is done to all applicable state and local regulations. 5. In the event the site is reforested, the reforestation of the site will require an Erosion & Sediment Plan to be approved by the Planning Department. The site shall be restored and maintained as approved by the Planning Director. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting D • • - t/Agency: Planning Department City Manage Applicant Virginia Gentlemen Foundation, Inc. Agenda Item Property Owner City Of Virginia Beach Public Hearing July 13, 20167 r City Council Election District Beach Virginia Beach Request . ,ow„."M`' Conditional Use Permit(Forestry) 1i r4. M a Staff Planner er 1 Kevin Kemp bAw APZI Y WS 4:111 MILe Location m 70-76 a{014L1181 Prosperity Road " x f i6S70 OM ONL GPIN 2416708636 I Site Size ,`FjO'a i ' 69 acres(leased area) �`'°'a . AICUZ Greater than 75 dB DNL � .t." i Existing Land Use and Zoning District Wooded Lot, proposed campsites/P-1 Preservation Surrounding Land Uses and Zoning Districts 'F . grdneck-Ro.+77 North . Birdneck Road ' iF Wooded area & military base/P-1 Preservation ' o South ° Wooded area &campground/ P-1 Preservation &AG-2 Agricultural East ar ` Prosperity Road ' Military housing&golf course/1-2 Industrial & : i c P-1 Preservation West . �. Single-family dwellings/R-5D Residential , e Virginia Gentlemen Foundation, Inc. Agenda Item 7 Page 1 Background and Summary of Proposal • The subject site is a 132-acre parcel owned by the City of Virginia Beach. o In 1993,the General Assembly passed a bill allowing the conveyance of the subject property to the City of Virginia Beach for"municipal recreational purposes." In 2002,the General Assembly passed a bill expanding the scope to include "entering into a public-private partnership for improvements to any golf course located on or adjacent to such tracts." In 2013,General Assembly passed a bill that further expanded the potential purpose to include "public-private partnerships with nonprofit entities that provide services for the benefit of veterans and disabled persons." o The City issued a Request for Proposals for lease of the site and received one proposal during the April 23, 2013 City Council Hearing. o On May 28,2013,the City awarded a 40-year lease of 69-acres of the subject parcel to the applicant. Included in the terms of the lease is the following: "Use restricted to day-use adventure camp and park for persons with special needs or disabilities,wounded veterans,and families of fallen heroes (together with certain accessory uses related and subordinate thereto). Programs and activities may include (but not limited to) swimming,fishing,wakeboarding, canoeing, ropes course, and field activities. Such programs and activities may change over the years due to opportunities offered by medical and technological advancements." "No overnight stays,camping events,etc.will be allowed on the Premises, and Leasee must comply with all deed restrictions." • On August 13, 2013, a Conditional Use Permit for an Outdoor Recreational Facility was granted by City Council for the subject site.The physical development of the camp area as shown on the approved site plan included:a lake, aquatic center/swimming pools/splash park, ropes course,wellness center,gymnatorium, cafeteria,tiki café,all-purpose field,trails and parking area. • The area of the site included in this Conditional Use Permit request for Forestry was shown on the submitted plan and identified as, "Future Expansion Area Subject to CUP Review."The applicant noted that this was Phase II development,and would require a modification of the initial Use Permit.The trees were removed from this area as a preparatory measure for the Phase II development. • The area included in this Use Permit that has been cleared of trees is an irregularly shaped area in the center of the leased portion of the site.The shape is defined by the edge of non-tidal wetlands located on the site. According to the submitted plan,the area cleared is classified as"Existing non-wetlands". • On March 16,2016, Briarwood Forest Products Inc. obtained a logging permit from the Planning Department, Permits and Inspections Division.According to the application, approximately six-acres of trees were cleared. • The City was contacted by a concerned citizen regarding the tree clearing. It was determined that the tree clearing activity required a Conditional Use Permit,as the site is located within the P-1 Preservation District. Section 301(a2)of the Zoning Ordinance requires that written notification be provided to the Zoning Administrator for approval,which was not received by City Staff.The applicant was informed of the requirement of a Use Permit,work on the site was ceased,and an application was filed. Virginia Gentlemen Foundation, Inc. Agenda Item 7 Page 2 • On March 30, 2016,the Army Corp of Engineers visited the site and confirmed that all the logging activity was outside of designated wetlands, and there was no violation to their regulations. • On June 22,2016,the Department of Environmental Quality visited the site in response to a citizen complaint. The DEQ determined the activity that had taken place as silviculture, and that the underbrush was not disturbed. No violation was reported. • This request is for a Conditional Use Permit for Forestry. Prior to the development of Phase II of the project,the applicant will need to return before Virginia Beach City Council for a Modification of the Previous Use Permit. B-2 Jjfl I Zoning History ": x / # Request C 1 CUP(Outdoor Recreational facility)Approved ,. t- 41 � 08/13/2013 T 1:, .�—kr ;i%/ TO-75aNDNL 2 CUP(Fuel Sales)Approved 11/12/1997 / 3 CRZ(B 2 to Conditional A-24)Approved 01/08/1997 I7; .„ „ CUP(Miniature Golf)Approved 11/12/1992 ,/ / /7 ,� ,; / 4 CRZ(R-5D to B-1A)Approved 04/12/1994 '��' .•'— cl P_1 R .: Application'N 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 does not designate a future planned use for this parcel other than "military installation."The parcel is situated directly north of the Suburban Focus Area (SFA)4.1—General Booth Campgrounds,and also adjacent to the east by an area designated as the Suburban Area.The proposed use outdoor recreational use is consistent with the land use recommendations for the adjacent SFA 4.1 in the Comprehensive Plan as outdoor recreation is one of several identified preferred land uses for the property directly adjacent to the south. Natural and Cultural Resources Impacts A majority of this site is heavily wooded with a variety of trees and a layer of undergrowth.The site has been disturbed in the past,as the property was once part of the Camp Pendleton Military Reservation.As a result,in addition to natural water features,there are a series of man-made drainage features on the site.There are also non-tidal wetlands on the property. None of the area that has been forested is within any designated wetlands. Virginia Gentlemen Foundation, Inc. Agenda Item 7 Page 3 Evaluation and Recommendation This request for a Conditional Use Permit for Forestry of an approximately six-acre portion of the subject site is associated with the Phase II development of an Outdoor Recreational Facility,specifically for persons with special needs or disabilities,wounded veterans, and families of fallen heroes.The applicant did not clear any area outside of the area specifically designated as"Future Development" on site plan approved with the original Conditional Use Permit. Additionally, as verified by the Army Corp of Engineers, no clearing has been done in an area designated as non-tidal wetlands.The area of the site that has been cleared maintains the required buffer to the adjacent residential neighborhood.To this point,trees and vegetation have been removed from the site; however,the underbrush has not been cleared.The applicant will obtain all necessary permits, including but not limited to Erosion and Sediment Control plan review, prior to the underbrush being cleared. Future development of this portion of the site for an Outdoor Recreational use is consistent with the Land Use recommendations of the Comprehensive Plan for this site,adjacent to a campground and other recreational uses. As such, Staff recommends approval of this application as conditioned below. Recommended Conditions 1. Only area identified as"Future Expansion Area Subject to CUP Review&Approval"on the submitted site plan entitled, "CONCEPTUAL MASTER PLAN JT'S CAMP GROM,VIRGINIA GENTLEMEN FOUNDATION,VIRGINIA BEACH VIRGINA," dated June 21, 2013 and prepared by WPL and Clark Nexsen Architecture and Engineering shall be included in this Conditional Use Permit. Said plan has been displayed to City Council and is on file with the Planning and Community Development Department. 2. An application to City Council for consideration shall be submitted, reviewed and acted upon prior to the commencement of Phase II of the proposed development. Phase II shall include the area identified as "Future Expansion Area Subject to CUP Review&Approval,"on the submitted site plan. 3. All necessary permits required for the completion of the clearing of the area included in this Conditional Use Permit request shall be obtained. 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 Gentlemen Foundation, Inc. Agenda Item 7 Page 4 Site Layout approved 8/13/2013 ' 1 •, 00 I 11111" .% l' 40c f‘...°` ille it i f AI a. . 9 ill . . stilt = I WIPP • lila 111111 s lq ill lk t 'u1 I ! al, g I, j t 1114.10 w O.6 is _ le- I •41110 1 It . I.° 11'- li i 100 e ..*•4:00,4 i .-6 hi ,,,,,„ • * 1 ,.. Ado." 6 8 3 ik iote• ir tl W'4 . . ■ go 1 .0 .%! lir a VW 1 011ie A ,i1 4 ••iiiliilk/0. • y MOO i dm* I ..... !ital.'. •ribk%ti, / cilk. 0%00 .• A' I. a dip W is IMO - li et de do i i i I a oi .. ,,,,N, v ..,,,L 4141111 i 't ta a la • 1 -Ct lic w* 1 te gum I 10440 I ft 1 ie. iteite T,. a it. & • 111. •11 II "at I B iki di, Z a Ai • •a 711 / I g a a 4 V i xesaleit il . -, le cc 16 t 1 g c'.1 g ' t . ; r ._ SI,t I . 't g II 4 • ' z ti. V r z 8% Iri) t! -Zti '''' 4,° - 08". 1,19 Ca' . 1 .. g I 1 1 '1I le • -,..,f:J: il .4 4 g 1; . c6 W 5 13 .- 5 p. 1 \ r.5 I , . a 1 ler g tz, I \ i ,--, ... , %., * _- I ..... _ . •i- < ... _ z tt/le 6 ."••••,....,'.....1\I `'.' in z 5 u_ - A- At 1 ..--• 6}-- g E.' 'el,22,0t Lu bale§ 13 se ; e,tiaREgia . - . .• I . a Virginia Gentlemen Foundation, Inc. Agenda Item 7 Page 5 Phase I- Approved 8/13/2013 4 1 • e00000000 r, I r �k i i �� �oti, gboslts000►A�A. Q 0 i 1 8 :0 1p Q ,�° .pkIN §1 i , I W• \ o •�� dsi g , t ei _. • _______, 407.4-'•PP-9-.==s8---1 ii, a s; 1 �,� _1 iiN 11 Qi !1, it :: _ I c;,, ' T'ii 7 ( —. J O 11 • ,,..) ,, `y !g •• CO, ` ' Nit /1 T w.u.,,L ,. fir/ .c I 1 • I ii - / ■ oi E �� O o j � I ''° 1 A I LLD s� z d t-U u ` _�~ _✓� is_i 1 n—~i > m Virginia Gentlemen Foundation, Inc. Agenda Item 7 Page 6 Phase I- Currently under construction ,t a , ►{. R • • Virginia Gentlemen Foundation, Inc. Agenda Item 7 Page 7 Proposed Site Plan with Area cleared UI S� III w I1lI .. I•IiI1" ri 10.°,000.! +ab i 1.111 .9000s . , 140 : or[ill sit%4r air iw� a F • 1 : I 00 3 14 ■ E.11.1s. ;rr1K4* ,' / z • % 4• i i .ea m a W Y . Itir l i { / a� I. : rad I. )dL*itu. up gm is el t of al i iIzE 41111*ft ft IS i lirIIi jg i 0: z '1 i * 14 • r x " ,* <▪ : . y - _ z e : �A�itaMyt . s ( g I. ra-�r� 4� tp g w r ;, I .. g43,t ii t;-. 6 2. i ,r W e M W cl yR 7 J t r L H w I L i ` .moi i• '1 %1 . . - ,Oz6 ;� r - ,' X17 1 I. t 1 ` I! H.....::._ 11 il 1 i ip u--1 5 I„ I , ,, 3 ll Virginia Gentlemen Foundation, Inc. Agenda Item 7 Page 8 Area included in this CUP request are=iivr.... air ... 4,67 OP w sr -._ — W. NIP AL • IF i1PSI sis4F.IN• P " t kill's • ; L ri.riaiIi1iipli Ili 6e a I ■ lop lop / ---. ''', I a ..' 114 fr Ai •440 v r I of gill 4* 111111ffl slii 9 lfripe Pik- i ft PROPOSED LEASE LINE 150 FEET• `` --.��. --- i r N, � FUTURE EXPANSION AREA r9�?! � [PHASE II] y` AREA INCLUDED IN THIS ��' N CUP REQUEST ti '4„ s If: 4444- -4.1. �� `�""",�--."j. 4e x AATE LOCATION EA.E of aisni,1Gk I MOUS PATh*AY trTl/.or rm. r ' +.r r4 1 _ 7.:Nik.), _ - - PER/T re., rc7 RQA D iiiiiii a (MB 21,5 Pa 5) offr 10 - f 11, 1 I , sh.416. Virginia Gentlemen Foundation, Inc. Agenda Item 7 Page 9 Site Photos 'G z,I 1' '•s.... �. ; j 4 . y r . ..1 4# , .. ...6, . 7'':.„r'r: . . ,......-,, ,- r;. � t.e ^ • F , 1 �-1/4 :". ::1:,.,44,...4," i r rrA. 'rte ti RM1 Virginia Gentlemen Foundation, Inc. Agenda Item 7 Page 10 Disclosure Statement Virginia Beach APPLICANT'S NAME 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 D APPLICANT NOTIFIED Of HEARING gl k,U CHANCES AS or JA'- . G .. gr. 7Pr +I II Kt1isrm SUBP,^11'#L` Virginia Gentlemen Foundation, Inc. Agenda Item 7 Page 11 Disclosure Statement NEI 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:Please see attached. 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) Please see attached. (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) N/A See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. EDCheck 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 Virginia Gentlemen Foundation, Inc. Agenda Item 7 Page 12 Disclosure Statement I3as 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 Z 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 Virginia Gentlemen Foundation, Inc. Agenda Item 7 Page 13 Disclosure Statement 113,4 APPLICANT Virginia Beach YES NO SERVICE J PROVIDER(use additional sheets if needed) I1 'Iv Accounting and/or preparer of �i 11 your tax return 1 Architect/Landscape Architect/ 1v lJ Land Planner ❑ Contract Purchaser(if other than it 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) Construction Contractors Gold KeyIPHR,Briarwood Forest Prod Engineers/Surveyors/Agents Clark Nexsen, WPL Financing(include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) CLegal Services Troutman Sanders LLP Real Estate Brokers/ �-4 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? While no official has an interest in the Property,the Virginia Gentlemen Foundation, Inc., has leased the Property from the City,and the City is a co-applicant to this application. Page 4 of 7 Virginia Gentlemen Foundation, Inc. Agenda Item 7 Page 14 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. APDLt! S GNATURRE 5 INTNAME /P 6 DATE Page S of 7 Virginia Gentlemen Foundation, Inc. Agenda Item 7 Page 15 '`11v•Lk(a: '/ G VIRGINIA GENTLEMEN FOUNDATION STAFF & BOARD OF DIRECTORS Executive Committee Billy Ennis,Executive Director The Virginia Gentlemen Foundation Ross Vierra,Chairman CEO/President,Axis Global Enterprises Andrew Yancey,Vice Chairman Budget Team Leader,City of Norfolk T. Ricky Frantz,Treasurer Assistant Vice President-Commercial Real Estate Finance,BB&T Neal Sadler,Secretary Retail Leasing Associate,S.L. Nusbaum Realty Co. Board Members M. Benjamin Davenport Broker,Davenport Management Company At-large Councilman,Virginia Beach City Council Taylor Franklin President and COO,The Franklin Johnston Group Josh Malbon Owner,Malbon Creative Josh Canada Founder,Back Bay Brewing Alex Wolcott CEO,Shearwater Development Group Justin Ballard Project Manager,S.B.Ballard Construction Company Wes Flowers Loan Officer,Southern Trust Mortgage Disclosure Statement Members James Adams Business Development,Stihl,Inc. Adrian Colaprete Owner,Bay I.oval Eatery Curtis Colgate President,Colgate Enterprises,I IC Brian Facemire Upper School I listorv,Asst.Varsity Soccer Coach,Cape I lenry Collegiate 'l'rev Potter Leasing Agent,Potter and Company Virginia Gentlemen Foundation, Inc. Agenda Item 7 Page 17 Item #7 Virginia Gentlemen Conditional Use Permit (Forestry) 1181 Prosperity Road District 6 Beach July 13, 2016 REGULAR Jeff Hodgson:We will now address the remaining items, if the Secretary will please call the first item? Jan Rucinski: The first item for hearing today is the Virginia Gentlemen. An application for a Conditional Use Permit(Forestry) on property located at 1181 Prosperity Road, District 6, Beach. Is there a representative?Oh hi. R.J. Nutter: How are you today? Thank you very much Mr.Chairman, members of the Commission. For the record, my name is R.J. Nutter. I represent the applicant. If I could do one thing at the beginning of this, in addition to the Virginia Gentlemen Foundation being an applicant,the City of Virginia Beach is also an applicant in this case as well. The City, in this case is the property owner,which we also list. But significantly when we agreed to this process,the City agreed to be a co-applicant with us,your record should reflect that the City and the Virginia gentlemen Association are applicants in this case before you. At any rate, let me tell you a little bit about this application because it has a little bit of a story like most applications do. It has a third story wonderful history. This application was a result of an awful lot of Item #7 Virginia Gentlemen Page 2 work by the Virginia Gentlemen Foundation from the beginning,which has 18 different members. They are all different professions throughout the City. They have been praised for their work in humanitarian and other efforts long before they start Camp Grom. Camp Grom was the brain child that of that group. They have a camp, one of a kind in Virginia, by the way. That would be funded privately.That would be available for people with disabilities, children,adults,wounded warriors and others. And that matter was brought back to the City. They loved the idea. They suggested this property. We went to the General Assembly in 2012,as you know,the General Assembly agreed this was a proper and perfect use for this property. Amend the restriction of the City that was placed on this property to allow this part to move forward. And, so this has that type of history for you. It has overwhelming support throughout the City and throughout the State. So, if you here one or two letters of people in opposition, I want to tell you are dealing with less than one half of one percent of one percent of the people. The property is question, so you will know is a little of 100 acres in size, of which we lease 69-acres from the City. Of that, there are 12-acres in Phase 1 and six acres in Phase 2,so the only portion of this property that is less than one third of this property that is available for any significant use at all. The remaining two thirds of the property will main in its natural condition. That does not include the 150-foot buffer between the closest residences in the neighborhood to the west,so it is all in addition to that. So,as you can see,this a remarkably natural area and will remain such,and that the clearing that has occurred here is di minus both in nature and the overall size of the property also in terms of the overall development just in the area that we lease of 69-acres. So,that is a little background for you. Now, let me tell you what happened. After the approvals here,and I am going to have Billy Ennis speak in a minute from the Foundation about where they are. Mr. Redmond,you asked me where they are on the property. Mr. Ennis is going to answer those questions for you. But I want you to know that this all began because they were developing the property. They asked a contractor to look at the property to Item#7 Virginia Gentlemen Page 3 clear it for them. We asked them to obtain all required permits,which he did to his knowledge. Like any of us would do if we went to go get a permit from the City of Virginia Beach,we would got to the counter,would work with them. I addition to that,we used somebody who had been through this process before. So, he knew exactly what to do. So,the evidence is unrefuted that they went to invite before any permits were issued with the City inspector. The City inspector looked at the property and find. Let's go back and five you the permits. Permits were pulled. Since they all required permits, if anybody asked,were there. After that,the City inspectors came to the site. During that process and after the site inspected it. They said everything was fine. So,this is not a group of people. By the way, I also point out that this is not part that began on Friday night at 12:00 or Saturday morning at 9:00. This work occurred began during the work week and continued on throughout for several days. But my point to that story, is that this a group has an unquestionable reputation in traffic community. And even in large measures in the community behind us,and on top of that,we then contacted about this may be a possible zoning violation,which I disagree from citing several sections of the Code. For the consequence,we will go forward then and we will not appeal,we will go forward and work with you and file the application at your request. They in turn,to be a co-applicant in this matter because they agreed this was the right and proper thing to have done. We also agreed that this is unique because of the P-1 Zoning. No use permit was required for the first phase of this project and the conditions that applied to Phase 1 was identical to the conditions that apply to Phase 2. As a matter of record,these are uncontested facts. So,we are here today because we are compiling with the request that we made with the City that we would work with them.They would work with us. So,we have, in fact, agreed to go forward. We're here today. The three conditions listed in your agenda are perfectly acceptable to us. I will also point out to you some photographs were taken just yesterday,which gives a unique perspective from Birdneck Lake,the adjacent neighborhood. These were taken, if you don't mind Mr. Macali, I will Item#7 Virginia Gentlemen Page 4 pass some to Mr. Wall and some to Mr. Redmond. This was a photograph that was taken yesterday. I will point out wherewith the pointer where it was possibly where it was taken. Mr. Ennis,who is going to speak to you in a second wad a one-time resident of Birdneck Lake, and knows the property knows, the project is a resident very well. He was visiting one of them yesterday, roughly in this area right in here. Nonetheless,you got an idea of where he was looking and you will see what the vision view is from the adjacent residential neighborhood. So, basically you cannot see where this clearing occurred. Again,these licensed bonded contractor went through full inspection, so we don't like being in this position. We don't like it. We want to work with the City. We do not want incur any additional cost on this organization quite frankly. Because all they do is inert to the detriment for the purpose which this is not intended. On that record, let me tell you that they have raised 13 million dollars in pledged to date, all private money.When the Governor came down to open this facility,the fan fare from Mayors across the region, it was praised as one of the most wonderful,fore cited projects in the Commonwealth history. It was also cited because it contained not one dollar of public money. Not a dollar. So, I ask you to consider all of those facts when we ask for your consideration or recommendation. We were asked by some, why did we do this? What was the purpose of this? Why did we have to do it now? I would tell you that no one thought this was an issue at all. If you asked them why did you get a permit? Why didn't you do this? Why didn't you wait to do it then? It was simply for several reasons. One, it is very real. The wetlands permit that applies to this property by the way, has a durational time of and as you know, Mr. Horsley,you've been involved with wetlands all of your life. Wetlands have a way of intruding. And,delineations have a way of changing. So, if we had 18 usable acres out of 69 useable acres,we would want to preserve the ability of that property to be developed in the future, clearing that property helps to diminish the intruding of wetland into that area allowed to enter to the site, so it doesn't require additional waters or subject to any additional delineation requirements. That is one. Item#7 Virginia Gentlemen Page 5 The second is this helps us to seek future governors for the property. I would tell you that, when we first starting seeking governors for Phase 1,which was fully treed at that time,we raised several million dollars. We did not raised the balance of the13 millions dollars and pledges until phase 1 was largely cleared and we could take people to the site and show them around and what was happening. This is very real. It has a lot to do with the outcome of this project. We need 15 million dollars to complete Phase 1 alone. So,we do not want to have any additional cost associated with moving forward with this project. So,for the extent we veered. I don't know that we have but to the extent we have, we are truly sorry. But I would tell you that we followed every permit request that you would or any of you would when you got the counter for a simple permit from your driver's license to your building permit in the back yard.The same exact process was followed by somebody who knew what they were doing. So,this is not a case of someone building in the dark or seeking after the fact request.This was a request we made up front. We did not petition the Governor. We did not ask the Mayor. We did not ask the Mayor. We did not ask any public official beyond those you seek as you would in other instances. So, we ask for your consent today. We would like your endorsement. We appreciate any questions that you might have Mr. Chairman. Jeff Hodgson:Are there any questions of Mr. Nutter? Ron Ripley: There was in front of us,was additional language about this particular additional condition. Have you seen that? R.J. Nutter: Yes sir. Item#7 Virginia Gentlemen Page 6 Ronald Ripley: It is number 3? R.J. Nutter: I must tell you we would ask that you not impose that,for two reasons? Ronald Ripley: Impose what,the fourth one? R.J. Nutter: Impose the fourth one. We are perfectly fine with the amendment to Condition 1. Condition 2 &3 remain unchanged. We would ask that you not impose Condition 4 for two reasons. One it implies that we did something wrong and I will tell you that if we done something wrong so has everybody else. We went to the City even they said they've amended their process for reviewing permit applications. The applicant has done nothing wrong here,first of all. Second, I don't want to put a stain on this organization or this project. I really don't. And that is the primary reason we decided to go forward. We could have challenged their decision in court and fault that out in the newspaper and dragged that out further and hurt additional donations. We like to simply come forward apply with the City in this application and do that, so; I would ask that you not do that narrative. Because we don' know if we would have the money in five years. That is the best way that I can tell you. And, I don't want to stain this organization. I think that everybody has been through enough on this already. We've had two newspaper articles and there would be no gap by the time this gets to Council. And, all from a group that has done nothing but good for a project that the public supports. And,for trees that are already own by virtue of every permit we thought we needed to get. Jeff Hodgson: Is there anybody else? Karen. Item#7 Virginia Gentlemen Page 7 Karen Kwasny: What was the acreage on Phase 1 and Phase 2? R.J. Nutter: Phase 1 is 12-acres and Phase 2,the area was just recently cleared is just about 6-acres. I will also point out to you that it is irregularly shaped so we are not going to get 6-acres from the property from that perspective as you can see from the pictures in your diagram. It is oddly shaped, which was one of our points to the City, said we are going to timber the property, why would we timber it from such an odd shape solely to facilitate the next phase. Jeff Hodgson: Mr. Horsley. Don Horsley: What do you plan on doing with the property now? Just leave it alone? R.J. Nutter: No sir,we would propose and stopped all work immediately once it became an issue, and that left a lot of tree stubs and stuff sitting there. We were supposed to remove that area,go back and stabilize it with some planting and grass and things of that nature so it doesn't have any intrusion with wetlands. We handle any drainage issues that might arise as a result of that. But we hope to stabilize the property Mr. Horsley,and just like the City's Condition 3, we do all of that and interjected all permits. Ronald Ripley: You will probably grind up the limbs,so forth that is out there? R.J. Nutter: I don't know if it will be ground. They are taken off site. I apologize. Item #7 Virginia Gentlemen Page 8 Donald Horsley: I have seen areas similar to this where people went in with one of these big grinders and it just chews and grinds everything and blows smokes. R.J. Nutter: I see. Donald Horsley: Leaves it in a very nice stage. It looks better. R.J. Nutter: You don't like this neither. We don't like it either. Once again, I am sharing your expertise again. I apologize. I didn't realize that. Jeff Hodgson: Is there anybody else?Thank you sir. R.J. Nutter: Yes sir. Jan Rucinski: We have a speaker in support. Billy Ennis Billy Ennis: Thank you for having me. I was asked to come up just go give you all an update. Ed Weeden:State your name for the record. Billy Ennis: Oh, I'm sorry. My name is Billy Ennis. I'm the Executive Director for the Virginia Gentlemen Foundation. I was asked to come up and give a brief update as to the work that has been competed out on Phase 1 for Camp Grom, which you are all aware of is being built for wounded veterans and old star Item#7 Virginia Gentlemen Page 9 families, children and adults with special needs and disabilities. Construction is well underway. We have completed the lake and cleared the land. We have nearly all the site work completed and are getting ready to go up with buildings. Our goal and timeline is to be finishing up next Spring and ready to open next summer with our operating partner the YMCA. When completed, in addition to the lake, we will have gymnatorium aquatic center,welcome center, activity center, which will have arts and crafts and that sort of thing, as well as various activities throughout the lake including a small cable wave board system,some picnic pavilions and docks and piers for fishing and that sort frothing.That is what we're looking at as R.J. Nutter stated. We have raised over$13 million of the$15 million goal, so we are on our way to closing the final funding gap. We are looking forward to wrapping that up. And R.J. is stole my thunder a little bit with some of his comments. As far as Phase 2 goes and the clearing, I'm not a developer. I'm out here to kind of raise money for this thing, and so we went and asked all the people that we thought we needed to get permission to have the permits went out, perform the work,and having that space cleared for me,for my job,going out and raising dollars does make it a lot easier to bring people out there so they can kind of envision what's happening, what's the possibilities of happening. As he mentioned, has been so successful with bringing folks for Phase 1. So,we've are very fortunate to have the support of a plethora of local and state, private corporations,foundations, etc. We're looking forward to wrapping this up and getting underway and getting open and helping some folks. Jeff Hodgson: Thank you. Are there any questions for Mr. Ennis? Mr. Redmond. Dave Redmond: So,what was the progression, Phase 1, Phase 2 clearing site.Were they cleared at the same time? Item#7 Virginia Gentlemen Page 10 Billy Ennis: No they were not. Dave Redmond:Okay.So phase 1 has already been cleared and then Phase 2 was cleared? Billy Ennis: That is correct. Dave Redmond: Why would not have Phase 1 being cleared serve your fund raising purposes? Billy Ennis: Well, like I said. Dave Redmond: What I am having trouble with obviously is necessity of clearing Phase 2, which as far as I can tell is there isn't a Phase 2. Billy Ennis: Right. Well,there will be Phase 2 for us. It is not a fast process for going out and working on this project in the past few years, as you are probably all aware,so having the ability to get out and actually not have to engage potential donors with renderings and maps. It is a lot easier to bring someone on site so to figure out exactly what the best use could be for that second phase, and bring them out there to help them envision it. Dave Redmond:Okay, but you don't know what the use for Phase 2 is going to be yet? Billy Ennis: That is correct. For right now, it will certainly serve as valuable additional open space for the Item#7 Virginia Gentlemen Page 11 Phase 1 activities for various outdoor activities. Dave Redmond: I think you would have to come back for a permit. You've come all the way through the process in order to do that. Billy Ennis: For our development.Yes sir. Dave Redmond:Okay. Thank you. Jeff Hodgson: Is there anyone else? Bob Thornton: I just want to question. When you told your contractor to clear these trees,you got a permit to do that, I assume,that's what you say. How did you go about picking the area to clear? Was it just what was not in wetlands? Billy Ennis:Yes. It was the usable uplands parcel. Bob Thornton: Okay. So,you don't have any plans, any building plans.You just cleared the non-wetland area of what's left of this property? Bill Ennis:Yes sir,that is correct. Bob Thornton: Thank you. Item #7 Virginia Gentlemen Page 12 Jeff Hodgson: Is there anyone else? Mr. Ripley. Ron Ripley: To be clear, I understood what Mr. Nutter says that you had a delineation in one area that you could clear. Billy Ennis: Yes sir,that is correct. Ron Ripley: That's drawn and so stayed within those delineations. Billy Ennis:We stayed within those delineations. In addition to that the Army Corp came back out again and inspected to make sure that we were well within. Jeff Hodgson: Is there anybody else? Thank you sir. Billy Ennis: Thank you. Jan Rucinski: Our next speaker in support is Jason Fawcett. If you could, please state your name for the record? Jason Fawcett: Yes ma'am. Good afternoon. My name is Jason Fawcett. I'm CEO of the Elizabeth River Landscape Management out of Suffolk,Virginia. I am sure you don't want a guy from Suffolk standing in front of you. As you most of you are business owners, it is challenging now a days to figure out.You get Item#7 Virginia Gentlemen Page 13 hit from several different avenues for donations and things. It is challenging to put your money back into something where you can see the true effects of it. I signed up to donate all the plantings, landscape, and irrigation,everything for this camp site on scene. Just based upon what these guys stood for,what they have done,what they continue to do, and just from the shear amount of money they've raised to put something together like this, it is pretty amazing. And,for me, I think it was just for me,to have a chance to speak to you guys to explain to you from a business perspective. People like us sign on to do these things because you can really see and understand where your money goes. And you see the true meaning behind it. Also,the respect to the community and having fairly squeaky clean track record is big or me as well.So, I appreciate your time but I just wanted to share that message with you guys today.Thank you. Jeff Hodgson: Are there any questions? Don Horsley: I just got a comment. Having been a man from Suffolk, we don't mind you coming down. Jason Fawcett: I appreciate that.Thank you. Jan Rucinski:Our first speaker in opposition is Karen Jacobs. If you will please state your name for the record? Karen Jacobs: I'm Karen Jacobs, a Birdneck Lake resident for 28 years and past civic league president. I, along with many of my neighbors of Birdneck Lake spoke to Virginia Beach City Council members at numerous Council meetings about the establishment of Camp Grom by Virginia Gentlemen Foundation. Item#7 Virginia Gentlemen Page 14 We expressed concerns that how they obtained the lease land with underhanded and unethical. They did not tell the truth to City Council about having first come to our neighborhood to inform us about their intention. City Council and our neighborhood listened to their promises. Council admonished them to be better neighbors and keep everyone on informed as to the progress. As far as I know, no one in our neighborhood has heard anything until a recent civic league meeting held a couple of weeks ago. We warned Council that the VGF would not follow guidelines and regulations. We warned Council that agencies involved needed to stay on top of their doing. We were promised due diligence by all. Guess what? Now that several acres of City owned land on Prosperity Road has been clear cut and destroyed it is too late.The fox raided the hen house. Once again,VGF, and their sense of entitlement did what they wanted. They had no intention of following the proper procedures outlined by the City of Virginia Beach,the State of Virginia, Federal guideline, regarding wetlands. The timber is gone and five acres of wonderful woodland, animal habitat are destroyed.The neighbors saw five eagles flying over the area not long ago. I saw a great blue herring perched in the middle of the devastation one morning. The excuses we have been given up for why the land was needed to be logged make absolutely no sense. Penalties are not enough. They will pay them and march on their merry way doing whatever they have planned. Phase 2 of Camp Grom needs to be halted permanently. VGF needs to be financially responsible for enforcing this clearing cut land and pay for the damage done. The blatant disregard fort city taxpayers,City Council members,Army Corp of Engineers, Federal Wetland Guidelines in the State of Virginia,are impaling. Maybe the City of Virginia Beach needs to think about building an entire Camp Grom projects off of Prosperity Road to the vacated Owl Creek Golf Course land. A parking lot is already there,the building for headquarters and plenty of land being presently unused. No more wildlife habitat will be destroyed. If you haven't already gone out there and view the damage,you need to do so. It is heartbreaking to see the damage as the song goes"paved paradise to put up parking lot". It is certainly Item#7 Virginia Gentlemen Page 15 hits home. This is such a beautiful piece of property and our city could have been home secluded woodland nature trail allowing all citizens to continue enjoy this natural habitat. It is a shame that something like this has been allowed to happen in our wonderful city. Please due diligence and do not approve their request.Thank you for your time. Jeff Hodgson:Thank you. Are there any questions for Ms.Jacobs? Thank you. Who is our next speaker? Jan Rucinski: Our next speaker is Michael LoCash. Jack Crocker: Mr. LoCash wants to speak on another matter. Jeff Hodgson: We'll move him. Jan Rucinski: We have no other speakers. Jeff Hodgson: Mr. Nutter? R.J. Nutter: Thank you very much. As you know you also have a letter of support of this application.We did meet with the civic league several weeks ago. Let me just start by saying regarding to Ms.Jacobs. We meet with the Birdneck Civic League before we filed the first application to forward years ago, so; subsequent meetings after that. So,to say that we have not kept them informed really is not correct. We ourselves did not know about this issue,as you know, until sometime in April. Because we thought that everything was perfectly esthetic. But, my point to you is that we kept them involved in every way. Item#7 Virginia Gentlemen Page 16 We have not been abolished by Council to do anything other than to do what we have already done which keep them involved,which we did and have. And we've not violated any federal wetland. I would tell you that when we first filed this application here,the neighborhood, Ms.Jacobs and several others came forward and said we were violating the wetland on this property. And, one of the members of Council said, are you familiar with the fact that Army Corp delineates these areas?Yes,we are. Do you know that this is the only areas they can use on this property for the purposes? We don't care. We think the Corp. is wrong. So, my point to you is there is nothing that I can do with every person who does not want to this cap to occur. I can only tell you that they have represent, as I have indicated to you the very smallest amount of people within both that neighborhood as well within this city. The record before you is one of complete compliance with every city regulation,very federal regulation. And but for a permit distinction, and that the City process,which we were intending to follow and did follow exactly as you would,we wouldn't be here today. So, I would simply ask that to let you know that what she just said is not correct. We have kept them informed. We'll continue to keep them informed. And the funny thing is that MR. Ennis moved into Birdneck Lake Civic League right after this was approved by Council, and had a Camp Grom sticker on his car, so he was anything but unobtainable. So, but this is good company. It is a great record. And we deserve your recommendation of approval. There is no other way to say it. That we've done everything anybody would do to follow every permit in every direction. So,we ask for your recommendation of approval. If you like,we can agree with a condition that we meet with the civic league once a year. If you would like to do that,we would be happy to do that.We do it anyway,so when we think something is going on,we would have a meeting but if you want us to meet with every year on both sites, Phase 1 and Phase 2. No one is trying to pull the wool over anybody's eyes. So,thank you very much Mr. Chairman. Item#7 Virginia Gentlemen Page 17 Jeff Hodgson: Mr. Weiner. David Weiner: Question. When you go in there and take out all the stumps and you say you are going to plant grass or put something in there, were you planning on doing that to begin with? R.J. Nutter: Yes sir. That was our intention all along. David Weiner: Are you planning on keeping that cut because like you say you don't know if this is going to happen for five years or not. Are you not ever going to let it grow?You're just going to keep it cut down? R.J. Nutter: Yes sir. This is mostly to stabilize that area. Make it available for future and make it better planting on it number one, but more importantly,for future donor to go out and see how it looks. This is what planned here. Walk them over there.S how them how the brooks course will connect them to the woods and things like that. David Weiner: So,you're not going it over grow? R.J. Nutter: No sir,we'll follow any permit. I just don't know the right one but we'll go down and get one.We just hope when they tell us it is the right permit it is the right permit. One other thing,that gentleman that spoke, Mr. Fawcett, happens to be in the landscape business. Pure coincidence. I asked him to come because he is a major donor to the Camp and to speak to you ask to why. I asked him Item#7 Virginia Gentlemen Page 18 earlier, I said,you've done this, what would have done? Would you have done the same thing our contractor did? He said, I would have done the same exact thing. I don't know how people in that business how anyone can know there is a problem if they go the City and say we want our permit and describe the activity, and inspectors out to the site before and after. I'm not what else you can do. So, thank you. Jeff Hodgson: Yes Mr. Inman. Mike Inman: Since we are at a public hearing process and I have tremendous respect for Virginia Gentlemen Foundation and this project,the Zoning Administrator wrote a letter to you all and indicated there was a violation, and you're indicating it was not a violation. I think we need to have a little bit something from you about that. RJ. Nutter: I'll be more than happy to. Thank you Mr. Inman. When we got that letter, I was out of the country. In fact,when I got back, I asked Karen if she could hold off on any letters until I could find out what the heck was going on, so; anyway,for with came the letter. I wrote the City and Karen in particular on April 28, I believe and I hope you're staff has a copy. If not, I'll be happy to. I told them that I did not view this as a zoning violation for several reasons. And I will tell you that part of the confusion at the City at that time Mr. Inman was the fact we were first told it is a violation because our Use Permit did not cover that area. I said are you sure? I am pretty sure it did. So,we went back and sure enough the Use Permit covered the entire 69 acres. IN fact,we quoted language from the staff's write up in that, it says and I hope I can find it quickly but it says something to the effect that the use Permit is for the entire 69 acres.They will be using it for purposes throughout that area,and it was for Item#7 Virginia Gentlemen Page 19 the total 69 acres. The second legal reason thought and this is real interesting question. Is that when the Use is set out in the P-1 District, as you know, we are going to go back to basics of Planning . We'll just take a step back. P-1 District has both permanent uses and conditional uses like every zoning district. One of the uses that you're allowed to do and once you selected a use by the way that is the use of the property,that's the intended use for what you intend to use the property. We saw the Use permit for a camp, an outdoor recreational facility for the whole 69 acres. It was issued by Council the entire thing. Now,the Use permit issue for that,two things happened. One,the terms of the Use Permit govern the balance of the development of property both the Use Permit and its terms and conditions. That becomes the law of the land, if you will. In this case,there is no restriction in any of the conditions imposed on anything involving Phase 1 or Phase 2. Other than you get permits like you would normally do. The second point though and really I think is compelling. Is that there is zoning section,the first part is Section 221, it says that once you have a use Permit, once the Use Permit is activated by commencement of construction,or us in the general and specific condition attached to the Conditional Use Permit, it shall cost to additional Zoning Regulations and requirements for that area., which to the extent of any conflict shall supersede the Zoning District regulations. So,there is a conflict between anything in the P-1 District, in fact, I've had plenty of cases here when I wanted to come back to Use Permit on portion of property that already had a Use Permit on it, and I was told I had to vacate the Use Permit for that portion of the property so I could put the new Use Permit on that portion of the property. So,that is what I said. Where is the Zoning violation if the Use Permit covers the entire parcel?The use of the property is not timbering and there is no restrictions in terms of the Use Permit apply. On top of that, we signed their lease which gives us the right to stop any abridgement or loss of value of the property. In fact it is an affirmative obligation in terms of the lease. So, I set out those conditions for the City and we disagree some, disagree some. We want you to go get a Use Permit. As Item #7 Virginia Gentlemen Page 20 an accommodation,we came. But I will tell you I don't want to go court. I normally don't like to do that. Plenty of my lawyer friends like to do, as you know Mike,you're in the same boat I am. But I don't think this is even necessary. Mike Inman: Thank you. Jeff Hodgson: Are there any questions for Mr. Nutter? Thank you sir. R.J. Nutter:Thank you. Jeff Hodgson: There are no other speakers so we'll close the public hearing and open it up for discussion among the Commission. Would anybody like to jump in? Mr. Redmond. Dave Redmond: Thank you everyone. Mr. Nutter, and your clients and those who came out to voice their opposition. My concern along is this is a district that Mr. Hodgson represents. It has been what becomes of these 6 acres if there is no Phase 2? I still don't really think it gotten a pretty decent answer then, and I guess there really isn't one.And perhaps that is kind of to be determined in the future. And that is trouble. We don't know that clearing into that acreage and you just had it pretty well on whether or not, it would require to come back for a Conditional Use Permit. My own judgment is that it was. That is just the way I see it. Let's set that aside for a second and assume that is an economic, and none the less, here we are. This is a project with a great deal of promise and still is,that I have said any number of times, it is very noble and very admirable in a lot of ways. When it first came through a few years ago, I distinctly recall and I hope that you do to,that I was very supportive of it. And I am today. Item#7 Virginia Gentlemen Page 21 But I don't' know that this was the wisest course of action to clear an potential Phase 2 site for fund raising purposes when there is no guarantee whatsoever that thee will ever be a Phase 2,and that is my concern. My concern is not necessarily based on a Conditional Use Permit or no Conditional Use Permit. I believe you about the wetlands. I read the research that I have been provided. I think they are obviously very careful to avoid those areas. My concern really much more is about the partnership that we all entered into and I say we all, I mean the entire city with this organization to develop this project in a way we would all be very proud of. I just don't think that was a very wise choice to clear those acres, and it doesn't really doesn't help that partnership. I think it was unnecessary. I don't know why it would not have. Really today, is the first time I've heard fund raising argument. I've heard other arguments but now that seems here compelling him to do that. This is still public land on which this organization has a lease, a very generous lease, but it is still public land and we had a deal that it would be done in a best possible. I don't know that this was the best way. I don't know how you go about trying to safeguard this resource unless you do something about it. As I said this morning, and Mr. Nutter you weren't there, by the way Mr. Nutter called me from his vacation to discuss this and I appreciate that very much. There are a ton of reasons why a Phase 2 might never occur. Fund raising being one of them. What if, again say all of our hopes and expectations, Phase 1 is not as successful as we would like and it simply doesn't merit the development of Phase 2. There are all kinds of things that get developed in one phase and the second phase doesn't happen. With facilities like this,they for whatever reason,just doesn't merit additional development. Here you got these six acres cleared for nothing. And I just find that troublesome, and I don't want to cast a stain upon anybody, but I find that troublesome. So, Mr. Hodgson and I had discussed these changes to the conditions.The first one just to be clear says with conditional ready but it says it very plain and clear.That's English.So,there is not a difference of opinion of whether or not an issue of a Conditional Use Permit can be acquired. The one Item #7 Virginia Gentlemen Page 22 about enforce, number 4, is really to provide something of an insurance policy just in case that phase 2 is never developed. I think it was mistake, quite frankly,to have cleared for Phase 2 without any real indication that there would be a Phase 2,whether it was permitted or not. Again, leaning that aside and saying that I don't think that public interest was best served. And, so, my view is that we would be better off if we do have that insurance policy. If there is a Phase 2,for which the land has already been cleared, and it is completely. So those are my thoughts. I don't know if I heard anything today. I was kind of hoping they would cast more light on it. I don't know if I've come to any kind of different conclusion. And it is one,quite frankly,that I would like because like I said, I support this project and always have. But I just think we need to have. Wed o need to project the interest here because yearly, the applicant's interest is also an additional public interest as related to this site that is going to endure beyond the 40 year lease, and I don't know what would happen.That is my view and sorry to have taken so long. Jeff Hodgson: Is there anyone else? Ms. Rucinski. Jan Rucinski: I just need to get clarification on something and I am not sure who does that for me. And, I understand that there was a Phase 1 and a Phase 2, in this project when it came before us, but Mr. Nutter just brought this up that made my mind sort of wonder about it. Does the original Conditional Use Permit that we approved back in whatever year that was,apply to the whole project? The whole acreage use or is a separate one needed for each section of whatever needs to be done? Kevin Kemp: Initially a Use Permit does apply to the whole property however, on the approved plan in the Phase 2 it was called out as"future development" additional Conditional Use Permit would be Item#7 Virginia Gentlemen Page 23 required. It was called out on the approved plan that they were going to come back before you with a plan when they had a plan to develop Phase 2. Jan Rucinski: Okay. Thank you. Kevin Kemp. That is where the disagreement applies. Jeff Hodgson: Let Mr. Ripley go and speak. Ron Ripley: The attorney represents the representative. He makes a very interesting point on the Use Permit. It was the whole piece of property. And in fact that the permits were requested in the light of day, it appears to me that full believing that everything was in good order with the City. To them,when I heard about this or read about it, I didn't understand that the zoning classification is what triggered to me to have the Use Permit to clear. I've never heard about it but I could understand it being in the ordinance. But on the other hand, if in fact,the use Permit did trump or did supersede now the ordinance,then that is a significant point. Anybody, who has ever received a delineation,or a federal delineation of land or wetlands,you just don't walk down and jut get that.That is something that takes a long time to get.You approve the quality of the water,you test wells,you get it surveyed,you have to work through the Federal Bureaucracy to get there and that is determined and I can personally fully understand if you had that delineation it is really important that you protect it because two years from now that delineation is very likely to change. And then all of sudden you're back through that whole process again,which is very,very,very costly and if you're a non-profit,trying to achieve the finances to create a facility like this that is best you can do,you don't need the extra burden. I think that there was a Item#7 Virginia Gentlemen Page 24 business decision probably made and I don't know what it is. I don't think just go ahead and make sure that this land is nowhere the land is going to be and go right into the development. I see that as significant. I think that if you ask the applicant to stabilize the land by such as what Don mentioned as grind up the stumps, grind it all up and put it back onto the land,get it stable, I think that is what we ought to do. If you want to add that as a condition, I think that is probably more appropriate than five years. Five years will go by very quickly. My father told me if you want time to fly by to fly....inaudible. Anyway,that is my suggestion that. I don't think this organization has done anything wrong intentionally and I agree with that 100 percent. I think we probably need to stabilize the land and so that it is appropriate. It doesn't appear like it does. The land has a chance to heal and I think that will be significant. That is my recommendation. Jeff Hodgson: Don,did you have something? Don Horsley: In Layman's terms,the picture that we're seeing up here is not land clearing as far as I am concerned. Land clearing is we get rid of all of that wood. We get ready to plants across. So,what I consider has been done here,the land has been timbered. You got the timber off of it. And I've never seen a pretty piece of property after you timber it.They all look really ugly as you see up here. Now, think that what we need to do here is to fix this,there is no other way to describe it that I know of but put in a pasture state. Get it where you can seed it,you can mow it if you like but in a pasture state so you get some vegetation on it. Legally so far as the wetlands go,fi this was delineated non-wetlands, you can clear it. I mean you can go in and uproot the stumps and the whole works you can clear it. But be thankful that you got a little piece of land you can do that to because there is not much of that around anymore but.That is what I see and maybe there was some oversights in the permitting process • Item#7 Virginia Gentlemen Page 25 and I think the real problem was the initial zoning by it being preservation you have to have more permits when you do things on land that is zoned p-1 and probably there was some mix up there but I think it may also you don't have which you had before,you're not going to have the trees you and before.They are gone. It could be reseeded. You could put pine trees in five years,you could have some 7 or 8 put high pine trees in there if you wanted to do that. But it needs to be fixed in some way and think my recommendation would to do what we talked about putting it in a pasture state. We're not talking about a 100 acres,you're talking about six acres max, and I think it would be a nice amenity and then you got the area that you're showing the potential donors that this is the area that we like to make our next phase in, and I think that would give them something to look at. I think that people just don't like is the look of a land that has been cut and timbered. And they all look ugly and we've seen. I think if you could fix that, I think everybody would feel a whole lot better, even the neighbors who file and opposed to this thing. Jeff Hodgson: Is there anybody else? Bob Thornton: No need to reiterate everybody else's thinking. But here are the facts.They got all the necessary permits.They didn't violate any wetlands. There was a Conditional Use Permit issued,that is required. The Conditional Use Permit that we approved and Council approved essentially trumps the ordinance. The lawyer brought that up very well. And the P-1 has basically triggered sort of a technicality that is not normally found on these parcels. I couldn't agree more with don's point. It is a good business idea to clear that stuff when you can because this wetlands moves around and it is only good for five years and by the time they get around to doing this,that land might now have able to be cleared. So, it seems to me like what we've talked about as a solution is to clean it up,clear it up, grade Item#7 Virginia Gentlemen Page 26 it, seed it and the only other point that I had is in this recommended condition number one,that no other clearing on site shall be permitted absent of a Conditional Use Permit. I would want to say because of the P-1 requirement, not just a blanket. It is in the red. It was added. You've asked that number 4 be removed and I would certainly agree with that. You can't get any more clearing done not so much because of the Conditional Use Permit but because of this P-1 technicality. Make that clear. Anyway,those are my thoughts. Jeff Hodgson: Is there anybody else? I throw my two cents real quick. I've talked to David and link about this and I met the applicants I think it was yesterday. It has been a quick week already. And, having to levy a penalty on the applicant,when it almost sounds like and I'm listening to all of this today, that the City had a major hand in where they ended up. My biggest concern with this was you hate to see trees taken down but my real concern was with Dave. There was no Phase 2 establish, and I would hate to see that nothing happened here, so; my main issue was that trees were torn down and 15 years from now, nothing will be in a usable state. So, if I had some assurance that this six acres could be, what you're saying, everything ground up and turned into a grass field, I think we mentioned yesterday that you could use it for Frisbee golf or you could use it to walk your dogs or something other than the way it look right now,which is basically unusable to anybody. I would feel much better about it because that picture just does not look good. Like you said it never looks good right after you do this. But I would need some assurance that it is going to be put in a usable state whether, not just the residents of Birdneck Lake,anybody in Virginia Beach. It belongs to all of us. Mr. Inman. Mike Inman: I would support a motion by Mr.Thornton along the liens that he was speaking. I noticed he had notes he had taken over there. I would support it. Item#7 Virginia Gentlemen Page 27 Bob Thornton: Well, may I ask a question? These conditions, these recommended conditions we need to add one it sounds like to do a very,very thorough job of finishing up the timbering to turn it into a pasture like something that can be seeded and grassed and cut and mowed. Is that something the applicant would agree to and a time line? Jeff Hodgson: I don't'want to put words in Dave's mouth but when we were looking at this Condition 4, one thing and R.J. said it very well. We don't want to penalize an organization that is trying to do good and I don't know what it would cost to reinforce that. I don't know if it is$5,000 or$500,000. I have no idea. But if it could be put back to a state that is usable that is affordable fort the foundation to do, I would feel much more comfortable. And I agree that statement condition 4, needs to be in there in some fashion,and meeting with the applicants yesterday,and I wasn't sure how that condition 4 should be worded but I do feel something needs to be put in there to get along the lines of what Ron and Don and others have mentioned here. So, I'm open to some language. Bob Thornton: If you look at it in a big picture,there is 69-acres of woods, and as Don pointed out they took 6 acres of trees out, so there is no practical reason to make anybody put trees back.That land is more valuable to the citizens of Virginia Beach in a place they can use as opposed to six more acres of trees with 69 acres of trees already,so; it might sound strange but they probably done the citizens a favor by clearing it but it has got to be put in a useable state. I wouldn't make anybody intentionally put trees back there but we do need to have something in this paragraph that says they are going to get all the logs out,clean it up and make it usable because all of us that know us in the development world know that wetland delineation is only good for five years. It could with the rain we had in the last six Item #7 Virginia Gentlemen Page 28 months, it could change and they could have completely loss the use of that property over time. So, some requirement to clean it up and get the logs out of it, seed it, make it useable as an asset to the city. Ronald Ripley: Can I make a recommendation that we consider stabilize the land to a pasture like state that is acceptable to the Planning Director? Barry Frankenfield:That is okay with me. I would say go a little farther but all you want to do is to stabilize the follow the Virginia Erosion Sediment Control law and there I a lot of choices. You can mulch it. You can seed it. You can pasture.You can do all kinds of things. But that would have to before specifically if you want to do that. That is fine. I think we all know what we want. We just need to make it clear and cleaning it up and stabilizing the site. And not removing any additional trees, I think that is the key issue that you're trying to come to. Jan Rucinski: I would add one more thing and that I maintaining it. So, it just doesn't the grass doesn't come knee high. Barry Frankenfield: Maintaining is in the eye of the beholder.You have a tremendous meadow management program which is environmentally totally appropriate but that is a minor detail so mowing is not necessary the best way to environmentally manage it. Jan Rucinski: I said maintain. Item#7 Virginia Gentlemen Page 29 Barry Frankenfield: Okay. Jan Rucinski:There is a difference. If you plant grass,then grass should be better but if you do other. Mike Inman: You need to get rid of number 4 entirely. Jeff Hodgson: Mr. Redmond had something then Mr. Kemp. R.J.? R.J. Nutter: I just want to let you know that what you're proposing was intended by us. We just simply stopped all the work because even the City issued a no stop work order we felt like it was better to stop all work. We had every intention then and now of what you're exactly indicating. I don't know the specifics of it Mr. Horsley like you do, but we had every intention to stabilizing the property and maintaining it while it is stabilized. Jeff Hodgson: Mr. Redmond. Dave Redmond: Thank you! I appreciate those comments and I can agree with that but I will say when this was project was originally conceived and originally came through the public entitle process, it was not conceived as Phase 1 in six acres of pasture land and perpetuity. This I knew. It is not what we had in mind. So, I can agree to that as a backup position but I want to be clear about the fact that I don't' believe this is what anybody had in mind. So, I m a little uncomfortable with the notion that we change things in midstream, and rewrite them after the fact and turn them into something quite different. I don't know what six acres of pasture land is going to serve. Frankly, it kind of seems to me it is kind, I Item#7 Virginia Gentlemen Page 30 guess it is a solution after the fact. For not having to come up with the solution after the fact, but so, I would prefer that this turn out a different way. Jeff Hodgson: Mr. Kemp. Kevin Kemp: This might be question for R.J. I just wanted some further clarification because if we're talking about an option such as reseeding this and a public benefit of having open space, I don't know does the lease make it accessible to the public? R.J. Nutter: It does not. However, I would tell you that we're not trying to abandon or change the Use of the six acres. It is valuable to us. We're trying to protect it use of future expansion of the park. So, we're not trying to abandon and if there is any confusion about that,we fully intend to develop that property. What we said we would do is when we have a development plan for it, we would locate some buildings, where parking would be located any additional stormwater improvements, we would come back. We simply didn't have it at the time. So,that is the only difference. So,we're not trying to say this is a long term goal. In fact, it would be a failure that would occur. And, so what we're interested in is just showing it,stabilizing it, and then showing it for future donors so we can say, Mr. Redmond, here is your future contribution. This is where we put the Redmond pavilion. And it is just a lot easier to do that when you can take somebody out and show it how it relates to the rest of the property,and see how it works. So,that is just the nature of people giving money. I'm afraid. But we're not trying to abandon the use. We're not trying to stop the use of this beautiful park and when we have a development plan fully,we will come back. We're not trying to turn this into a field. That wasn't the • Item#7 Virginia Gentlemen Page 31 goal. So, I agree 100 percent with the motion that I've heard so far. Jeff Hodgson: Mr. Wall. Jack Wall: I just have two things. One is the additional logging permit was just done already.Would they have to obtain another permit to finish the clearing and stabilize the site? Kevin kemp: They would have to go through the Development Services Center for a site plan review just to make sure they meet all the erosion and sediment controls. So they would have to go through that process.And meet all the codes to further clear the underbrush. Jack Wall: Okay.One last thing,just the P-1 Preservation. Just to level the field on the forested condition,the City takes great pride and you just went through the outdoor plan, it talks about the pride that the city takes in tree canopy, so just to enforce the condition,or had canopy fort the city through. I think the outdoor plan mentioned health benefits, lifestyle. Jeff Hodgson: Karen. Karen Kwasny: I just want to kind of piggyback on what Jack is saying because I think it is important to know that P-1 Preservation, I'm not sure I would call it a technicality it you get a Conditional Use Permit to do something other than harvesting because what it requires is that permit it harvesting timbers not your primary use for the site and knowing how your site is zoned and what the requirements are for that seems to me something you would gather early on in the process so that you would be able to avoid any Item#7 Virginia Gentlemen Page 32 stepping over permit processing in this kind of way. So, I don't think that is a technicality. I think that is knowledge of the zoning district within you're working, and it is pretty clear and I'm reading it in Municode right now, it is pretty clear to me that enforcing is not a primary use then you need a permit and a Conditional Use Permit is in order to do that. So,that was the issue initially, and I think the Conditional Use Permit on Phase 2 was put in place in order to ensure that if Phase 2 never came to pass that land would be left as it was, and so,there was a reason for that. Whether or not the whole Conditional Use Permit overrides the P-1, I would need to do further research to understand how that works. But I think of because we are now coming in behind something,we have to figure out how to best to recertify it. I think we need something in there perhaps along the line of what Don said to create to rectify some harm that has been done. Pasture land is not the intend for the property going forward and nothing happens with Phase 2,we have to make sure we're putting it in the kind of shape it needs to be in to back to the state it was because it is not going to be redeveloped, if that becomes the case. We need to do the best job we can now to incorporate a condition that will create an amenity out to the site that is friendly to the environmental and friendly to the neighboring community that didn't expect anything to happen right away or without a permit that they be a process of which they be a part of. Jeff Hodgson: Mr. Macali. Bill Macali: I can clear up what the Code specifies about. It is inaccurate to say that a Conditional Use Permit trumps the regulations of the district in other words supersedes all the regulations of the Zoning District in which the property is located. That is not the case. It is only the case if the conditions of a Use Permit conflict with the regulations of a district. If you get a Use Permit it doesn't mean you can do anything you want consistent with a use Permit.The regulations of a district are still controlling except if Item#7 Virginia Gentlemen Page 33 and to the extent that one or more than one conflict with the regulations of the district. I'm reminded by Mr. Kemp having reading read the Use Permit that it did say a Conditional Use Permit would be required for the development of Phase 2. I'm not sure that is correct to say that you can clear the whole property if you want. I don't think anybody is really saying that but just so the Planning Commission is no laboring and eth e misimpression that the Use Permit"trumps" everything else. I need to bring that up. Having said that the City is a party to this application, let's not forget that. That is something that the City would ordinary would do after the Zoning Administrator issues a Notice of Violation. I think the City again in suitably contrite cooperative manner by joining this application as a party not just signing off on the application a like you would for a cell tower something,where you say it is okay with us if you apply but we don't care what happens, so; I'm hoping that that the Commission would keep these things in mind in making its decision. I'm not saying this to suggest that the Commission act in one way or the other. In fact the City is a party to this application,which means that the City hopes it will be granted. So let's just keep that in mind. We're not enemies here.We're on the same side and all were'talking about is what the details are. Having said that, I want to mention one other thing that under the code, harvesting of timer is a permitted principle use, which means it does need a use permit if certain conditions are met. My understanding is that those conditions weren't met in this case. I'll just give you citation. That would be Section 301. I'll read it to you because it is important. It's permitted as a principal use only if the following requirements are met. If they are not,they are required under a Conditional Use. It is conducted in accordance with civil cultural best management practices, developed and enforced by the State Forester. I tis conducted upon land that has been classified by the City Assessor as real estate they are willing to forest use and most important the area on which harvesting occurs is reforested artificially or naturally or is converted to bonifide agricultural or improved pasture use. The reason why I bring that up is if we're talking about what the property should be required to be Item#7 Virginia Gentlemen Page 34 in this case, pending any kind of further development,then it is not a complete requirement because they still have to get another use Permit but improved pasture use it is not an appropriate requirement for having the condition that the timber be removed in order to improve pasture use. I think that is what Mr. Nutter is basically agreed to and that is something which the Code would allow if the other requirements for having a principal use. Ronald Ripley: Could I make a motion? Jan Rucinski: I have a question and it might be a technicality. Why isn't the City of Virginia Beach listed as applicant on this? Bill Macali: I thought we were. David Redmond: I see applicant Virginia Gentlemen Foundation, Inc. Property owner is the City of Virginia Beach. Barry Frankenfield: We were and then we are. Jan Rucinski: It doesn't show that. I don't' have no idea if anyone caught it. Bill Macali: That was just a mistake in the agenda. The City is, in fact,a party to this application. It is my understanding Item#7 Virginia Gentlemen Page 35 Kevin Kemp: I can take credit for that. It was a mistake. Jan Rucinski: Shouldn't it be corrected before this goes to Council? Kevin Kemp: It will be. Jeff Hodgson: Mr. Redmond. Dave Redmond: Then what you just said, I think it is pretty close to what Ron just said which is wrapping this up. And I would also say that I appreciate the fact that you tell us stuff like that and not let us labor around. You tell us things we ought not do or we should think awfully hard about. I have to appreciate that,so thank you. Bill Macali: Thank you.That is my job. Jeff Hodgson: Mr. Ripley. Ron Ripley: I will make a motion for approval subject to four conditions. The three that are listed with the amendment to number one that states to the last sentence. No other clearing on the site shall be permitted absent of a Conditional Use Permit. The fourth condition is to stabilize and maintain the land in a pasture like state acceptable to the Planning Department. Item #7 Virginia Gentlemen Page 36 Jeff Hodgson: A motion made by Commissioner Ron Ripley and seconded by Commissioner Don Horsley. Mr. Weeden AYE 11 NA 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 the application of Virginia Gentlemen with the addition of condition number four and the amendment to Condition one. Jeff Hodgson: Thanks. I , C) ( ) aAiia uoiiniiistio L 1 & , .t.,_ , co i Li --J 1 1 I D -- 1 Gal , U0 „ .. E M r co Ca i 0 — Q Ca) CO rj _ a. Ca -El (..) M i 1 e) U r C.) C.) , - 03 _an..—, CO i (.) C.) C.) L ra , Li A _ 1111111•11 ' .,' .._ C ;awls lam.ive -..... ... EI Fri L. QJ () 06. _--,r—o----- o 1 o , 0 1... L CO ill al , 4..,1 0:1 it) 1 0 , II ii , 1 C.) II a I lk.lkih. i -CI - E _ _ p BAainoe aouepuellopui m , o (....) [ ___ _ c) L._ r 1 _I —T----- cyi 9 ___ co 11 II ) P-1 [ „4-014,,,,,Z . ,o- f... -,:,:.:,:,-.:--- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DIVARIS CORNER, LLC [Applicant & Owner] Conditional Use Permit Colleges and Universities, Public or Private. West Retail Unit B, 4636 Columbus Street (GPIN 14774475108000). COUNCIL DISTRICT—BAYSIDE MEETING DATE: August 16, 2016 ■ Background: University of Phoenix is relocating from its current space in Town Center on the northeast corner of Columbus Street and Central Park Avenue (Cosmopolitan Building) to a new location, also in Town Center, at the northeast corner of Columbus Street and Independence Boulevard (Westin Building). • Considerations: The proposed Conditional Use Permit simply enables an existing, compatible use to relocate to another ground floor space in Town Center. As the school currently exists with a similar student population within close proximity to this site, Staff does not anticipate any impacts to the existing traffic patterns, parking availability or other infrastructure. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached staff report. There is no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting D: • . ' - p a gency: Planning Department (\r-iF------ City Manager: ..k Applicant & Property Owner Divaris Corner, LLC Agenda Item Public Hearing July 13, 2016 City Council Election District Bayside 1 0 Cflu of Virginia Beach Request �,� Smoker NM the C� Conditional Use Permit(Colleges& Vas•(Foga Lare Ci4 PO wj6' `'"' Rural Rraet is Crown Point tane Universities, public or private) c IS$ ,o Collimation tan. 1 l..nn.Snot Staff Planner Ashby Moss a breadStr'a " Weida bead.boulevard Location I West Retail Unit B,4636 Columbus Street I IUnb4$tr.., #GPINs ffi i i 14774475108000 Mandan Road 'a"' S s Site Size `anaemiattead x CaMOdoeNWe • >W NF i E 1 +/- 18,000 square feet leasable space 4' 4%`'ti 0.paa a AICUZ I 4' \ "' ,**° Less than 65 dB DNL 1 ' p`�"� tv Existing Land Use and Zoning District Mixed use building with office, retail, hotel, conference center, and structured parking/CBC Central Business Core 0 Surrounding Land Uses and Zoning Districts r, nnrt Stroct "` North .- Sandler Center/CBC Central Business Core South ,11,1., Mixed use building with retail, office and - . t structured parking/CBC Central Business Core c°"'k"`''``' st'`'`'t r _ a East Town Center Block 9, Future mixed use building a , k.'.ri-,_,',. , . ' , _ with theater and retail/CBC Central Business • Core West curennbus sir 4,1 �. Independence Boulevard = r Mixed use building with bank and office/CBC Central Business Core . • • i A Z Divaris Corner, LLC Agenda Item 10 Page 1 Background and Summary of Proposal • University of Phoenix is relocating from its current space in Town Center on the northeast corner of Columbus Street and Central Park Avenue (Cosmopolitan Building)to a new location,also in Town Center, at the northeast corner of Columbus Street and Independence Boulevard (Westin Building). • University of Phoenix received a Conditional Use Permit for its current location on March 24, 2009, with no conditions. • The school currently leases 10,240 square feet;at the new location,the leased area will begin at+/-8,500 square feet with expansion rights up to a total of+/- 14,800 square feet. • Projected student enrollment is 250 students and anticipated number of employees is 15. Since the vast majority of students are online,the maximum number of students anticipated to be on-site at any given time is approximately 60. • Parking is available in the parking structure on-site to accommodate this use. A new parking study was not required due to the close proximity of the former and future locations. Y -' r oning History CBC A CBC f,,if . ', ' ,`*-7 '�' �vz �,,�, t E REZ(B-3A to CBC)Approved 02/25/2012 =--� CUP(Multi family Dwellings)Approved 06/28/2005 lIIIREZ(B-3 to B-3A)Approved 03/09/2004 1 ! CBCIt ' CUP(Multi-family Dwellings)Approved 08/25/2009 © STC Approved 03/24/2009 _ .I . ,`1 CUP(Private College/University)Approved 03/24/2009 bBC'-':''T'':'________!--- �' —�V " - STC Approved 03/11/2003 r',%'fe/f C"o1 CBC CUP(Multi family Dwellings)Approved 09/24/2002 F " CUP(Religious Use)Approved 08/09/2011 /� =° CUP(Multi-family I,- Dwellings)Approved 10/10/2006 CUP(Private College/University)Approved 06/14/2006 BC CBC I REZ(B-3 to B-3A)Approved 05/10/2005 I,.'' © CUP(Private College/University)Approved 06/25/2006 CUP(Private College/University)Approved 11/12/2008 REZ(B-3 to B-3A)Approved 10/10/2000 } 1 rn m vt ..�" fxti i.. CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The subject site is located within the Central Business Core District of the Pembroke Strategic Growth Area (SGA). Mixed uses offering an efficient use of land resources,full use of urban services, detailed human-scale design and a compatible mix of uses are recommended for this area. Divaris Corner, LLC Agenda Item 10 Page 2 Evaluation and Recommendation The proposed Conditional Use Permit simply enables an existing,compatible use to relocate to another ground floor space in Town Center. As the school currently exists with a similar student population within close proximity to this site, Staff does not anticipate any impacts to the existing traffic patterns, parking availability or other infrastructure. Educational facilities such as this one complement and support the surrounding uses and reinforce Town Center's mixed use, urban environment. Staff recommends approval of this application. Conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code,including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. 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A : -. y ,, `. +» may` Proposed location at the corner of Columbus Street and Independence Boulevard + H9 /IllaW 4111 tit .r - 14 ilii .21 f sUrt ; ,. N.., tj} 1. i UnN rsity of Phoenix * ,f • 4 11 .. _ 4,,,,,4...j. ikLie4..iiiiik;.LI 1.' .., 1....1"::: 1- :-- ■ dein ( f ;i' `.. . Current location at corner of Columbus Street and Central Park Avenue Divaris Corner, LLC Agenda Item 10 Page 6 Disclosure Statement APPLICANT'S NAME Divans Corner, 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 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. SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 Igriernirtik Divaris Corner, LLC Agenda Item 10 Page 7 'Irk., A V 11 gun?Bath E Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Divans Corner, Ll C If an LLC, list all member's names: Members: Gerald S. Divans Family Irrevocable I rust, Sanford M. Cohen, Michael B. Divans & Gerald S. Divans; Manager: Gerald S. Divans 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 attached Exhibit 1. See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. in Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Divans Corner, LLC Agenda Item 10 Page 8 IL g,1nia Tier1C11 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 5 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 dose working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Divaris Corner, LLC Agenda Item 10 Page 9 q ,, 9 \''..' APPLICANT \nigin=i Beach YES NO SERVICE , PROVIDER(use additional sheets if I needed) X Accounting and/or preparer of i F-- your tax return X Architect/ Landscape Architect/ Randy Lyall of Lyall Design Architects — Land Planner Contract Purchaser(if other than X the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed Xpurchaser of the subject property (identify purchaser(s)and purchaser's service providers) X n Construction Contractors AHP Construction, LLC CX Engineers /Surveyors/Agents Financing (include current Bank of Hampton Roads X 1-1 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X _ Legal Services Faggert&Frieden,P.C. Real Estate Brokers / Divans Real Estate 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 1 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 4 of 7 Divans Corner, LLC Agenda Item 10 Page 10 vi iflli:._ES,:u11 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. Gerald S. Divans, Manager 05/1/16 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Divans Corner, LLC Agenda Item 10 Page 11 EXHIBIT 1 Divaris Consolidated investments, LLC. Divaris Real Estate,Inc. Divaris Property Management Corp. International Realty Corporation Divaris I loldings LTD Divaris Partners, LLC Constitution Associates, LLC. VB City Hotels, LLC Ingenuity Development, LLC TC Block 9, LLC Divaris 27th Street, LLC Old Point Comfort Real Estate Services,LLC Midlothian Partners of Virginia, LLC Camelot Partners, LLC C1GM Virginia Beach, TIC S:1Clicntst10394\002\CUP\Exhibit Ldocx Divaris Corner, LLC Agenda Item 10 Page 12 Item#9 Divaris Corner, L.L.C. Conditional Use Permit 4544 Columbus Street District 4 Bayside July 13, 2016 CONSENT An application of Divaris Corner, L.L.C.for a Conditional Use Permit(Colleges and Universities, public or private)on property located at 4544 Columbus Street, District 4, Bayside. GPIN: 1477-44-7510-0000. A motion was made by Commissioner Thornton and seconded by Commissioner Rucinski to approve item 9. AYE 10 NAY 0 ABS 1 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND ABS 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 9 for consent. Y4 it[ r"2/114;,-., f5i `` w::v�rr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - An Ordinance for the adoption of the City of Virginia Beach Outdoors Plan—a reference document to the Comprehensive Plan, which will supersede the 2008 Outdoors Plan MEETING DATE: August 16, 2016 ■ Background: The 2008 update to the Outdoors Plan helped shape the Department of Parks and Recreation's first Strategic Plan and became a component of the City's Comprehensive Plan. The 2016 update of the Outdoors Plan addresses the future need for new parks and open spaces and lays out the master plan for a more sustainable parks and recreation system. • Considerations: The update was developed in coordination with many City adopted documents, including the Comprehensive Plan. • Recommendations: The Planning Commission recommended approval of this Ordinance, passing a motion by a recorded vote of 11-0, to recommend approval of the Ordinance to the City Council. • Attachments: Staff Report Minutes of Planning Commission Hearing Ordinance 2016 Outdoors Plan Recommended Action: Staff recommends approval. Planning Commission recommends approval. 4 /1 11111 Submitting Dep- . • gency: Planning Departmen City Manager: 1t(z)t9r---- P•jW4r, 1 AN ORDINANCE TO ADOPT AND INCORPORATE INTO 2 THE VIRGINIA BEACH COMPREHENSIVE PLAN THE 3 CITY OF VIRGINIA BEACH OUTDOORS PLAN 2016—A 4 MASTER PLAN FOR THE PARKS AND RECREATION 5 SYSTEM, A COMPONENT OF THE VIRGINIA BEACH 6 COMPREHENSIVE PLAN—IT'S OUR FUTURE: A CHOICE 7 CITY, WHICH WILL SUPERSEDE THE VIRGINIA BEACH 8 OUTDOORS PLAN 2008 AND WILL CONTAIN AN 9 ASSESSMENT OF THE RECREATION LAND AND 10 FACILITY ASSETS AND RECOMMENDATIONS FOR 11 SUSTAINABLE MANAGEMENT AND FUTURE CAPITAL 12 IMPROVEMENTS 13 14 WHEREAS, the public necessity, convenience, general welfare and good zoning 15 practice so require; 16 17 WHEREAS, the Virginia Beach Outdoors Plan 2016 has been developed with 18 extensive input from the community and stakeholders; and 19 20 WHEREAS, the Virginia Beach Outdoors Plan 2016 is in conformity with the 21 Comprehensive Plan; and 22 23 WHEREAS, the Virginia Beach Outdoors Plan 2016 should be adopted and 24 incorporated as part of the Comprehensive Plan. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, 30 amended and reordained by: 31 32 The adoption by City Council of the City of Virginia Beach of the Virginia Beach 33 Outdoors Plan 2016 and its incorporation into the Comprehensive Plan. Such 34 document is attached hereto and made a part hereof, having been exhibited to the City 35 Council and placed on file in the Department of Planning and Community 36 Development. 37 38 COMMENT 39 40 The ordinance amends the Comprehensive Plan by the adoption of the Virginia Beach 41 Outdoors Plan 2016. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on this 44 day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIE CY: I �� `lann.. : : partment City ttr1orney's Office CA13772 R-1 June 22, 2016 2 Applicant City of Virginia Beach Agenda Item Public Hearing July 13, 2016 The 2016 City of Virginia Beach Outdoors Plan 3. 3. Virginia Beach Request An ordinance of the City of Virginia Beach City Council for the adoption of the City of Virginia Beach Outdoors Plan -a reference document to the Comprehensive Plan,which will supersede the 2008 Outdoors Plan. Summary of Request A regular review and update of the Outdoors Plan is essential to manage and maintain the outdoor recreation system in Virginia Beach and to guide the process of adaptive change and decision making based on sustainable principles and practices.The first Outdoors Plan, adopted in 1994, provided a solid foundation on which to begin building the City's system of outdoor recreation resources.An update in 2001 quantified the need for new parkland and established guidelines for identifying and prioritizing lands for acquisition, and established the City's Open Space Acquisition Program. The 2008 update helped shape the Department of Parks& Recreation's first Strategic Plan and became a component of the City's Comprehensive Plan. The 2016 update of the Outdoors Plan addresses the future need for new parks and open spaces and lays out the master plan for a more sustainable parks and recreation system. It includes sustainable practices, policies and practices for the development, management and maintenance of the park system and the planning for the renovation of the City's recreation centers, park buildings and support facilities. This update was developed in coordination with many City adopted documents, including the Comprehensive Plan. Recommendation Staff recommends approval of the 2016 Outdoors Plan update. The ordinance for City Council's consideration is found below. City of Virginia Beach Outdoors Plan Agenda Item 11 Page 1 Ordinance 1 AN ORDINANCE TO ADOPT AND INCORPORATE INTO 2 THE VIRGINIA BEACH COMPREHENSIVE PLAN THE 3 CITY OF VIRGINIA BEACH OUTDOORS PLAN 2016—A 4 MASTER PLAN FOR THE PARKS AND RECREATION 5 SYSTEM, A COMPONENT OF THE VIRGINIA BEACH 6 COMPREHENSIVE PLAN—IT'S OUR FUTURE. A CHOICE 7 CITY, WHICH WILL SUPERSEDE THE VIRGINIA BEACH 8 OUTDOORS PLAN 2008 AND WILL CONTAIN AN 9 ASSESSMENT OF THE RECREATION LAND AND 10 FACILITY ASSETS AND RECOMMENDATIONS FOR 11 SUSTAINABLE MANAGEMENT AND FUTURE CAPITAL 12 IMPROVEMENTS 13 14 WHEREAS, the public necessity, convenience.general welfare and good zoning 15 practice so require; 16 17 WHEREAS, the Virginia Beach Outdoors Plan 2016 has been developed with 18 extensive input from the community and stakeholders;and 19 20 WHEREAS, the Virginia Beach Outdoors Plan 2016 is in conformity with the 21 Comprehensive Plan;and 22 23 WHEREAS, the Virginia Beach Outdoors Plan 2016 should be adopted and 24 incorporated as part of the Comprehensive Plan. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH,VIRGINIA: 28 29 That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, 30 amended and reordained by: 31 32 The adoption by City Council of the City of Virginia Beach of the Virginia Beach 33 Outdoors Plan 2016 and its incorporation into the Comprehensive Plan. Such 34 document is attached hereto and made a part hereof, having been exhibited to the City 35 Council and placed on file in the Department of Planning and Community 36 Development. 37 38 COMMENT 39 40 rhe ordinance amends the Comprehensive Plan by the adoption of the Virginia Beach 41 Outdoors Plan 2016. City of Virginia Beach Outdoors Plan Agenda Item 11 Page 2 Ordinance 42 43 Adopted by the Council of the City of Virginia Beach, Virginia,on this_ 44 day of ,2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIEAICY: t // •lann . •;pa ment City Attorneys Office CA13772 - R-1 June 22.2016 City of Virginia Beach Outdoors Plan Agenda Item 11 Page 3 Item#11 City of Virginia Beach The adoption of the City of Virginia Beach Outdoors Plan 2016—A master plan for the parks and recreation system, a component of the Virginia Beach Comprehensive Plan—It's Our Future: A Choice City,which will supersede the Virginia Beach Outdoors Plan 2008 and will contain an assessment of the recreation land and facility assets and recommendations for sustainable management and future capital improvements July 13, 2016 CONSENT An Ordinance of the City of Virginia Beach City Council for the Adoption of the City of Virginia Beach Outdoors Plan—a reference document to the Comprehensive Plan,which will supercede the 2008 Outdoors Plan. A motion was made by Commissioner Thornton and seconded by Commissioner Rucinski to approve item 11. 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 WEIINER AYE By a vote of 11-0,the Commission approved item 11 for consent. Barbara Duke appeared before the Commission. .. , 4... . . . . „ .... ..... ' 'i ' rr- • , - • ,.:x•-%, , ., 1.4%; • ' ' • • , ' Z, .• 41:1C -J , . . ir ... , kr z tA 2 w ..,_. 1...... j.., I-- 0 ••-• < -, # Z , III z 0 ! 0 (I; 1 W .5Llu j L. o ct 0 - 0 ' x -7 I < w ..V.. i ,..,1 ti 1 1 Ce , .•••=. < U -- • --, , „ ,-t;-$!-'3. - . - ‘..` LI .•ig'• 2: Lli ,„, 2-, ,-.,4.7 , , 111•• lit 4;••''',,'.•/:.;•0',' V - , "' ....17, ..- r ,4 12`' ..".;,, 1 „II' U 03 - , .. ,..100`' 3 4, , .., ,, ,-..4 ;z U-1 <C L - * 10 vow,..,. a) ,' „... ...—I AO/. , : ' U ,iiiW;•74. t . -'s ..aCt iliC e z ..... ct , L1.1 Itt,‘. ,1 li G. . 1 ' ....' 0 I---- ,...,..1, . 4. , , 4'4. e 'ti: ”' ' , 4* 4 riV141,I.1 14., , ... ,t#,'"orbi... -- ' tis,.. .. (.9 IX If <'4. 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A . . ki, ' 1, ',.1‘. • ' . . icl, -,-,i„ ... • e - , : -,-. ,,,,, - -. ..1-I.'. , e„,"`• 4 .k• ,, , . . :A„' • 4. ,4.4 . - k.. . ,4.7-,Alt , 4 ,, -.." *I"' '`..' II.'- (. 'e -:. . ' -71. ... * Cy E ,r 4 4% CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH -An Ordinance to Amend Sections 1601, 1603 and 1605 of the City of Virginia Beach Coastal Primary Sand Dune Zoning Ordinance. MEETING DATE: August 16, 2016 • Background: As a result of beach nourishment, many properties in Sandbridge are having an issue with sand creating a nuisance against and over infrastructure that is on the beach. On June 21, 2016, the City Council passed an emergency declaration for those properties that had excessive sand that created a health or safety risk. It was determined that many properties did not have an emergency, but a nuisance. The amendment will define Sand Management Permits, reduce the application and reapplication fees and delete the requirement for the placing of signs in regard to the Wetlands Board hearing. • Considerations: The proposed amendments are intended to make the Wetlands Board process less lengthy and expensive. The local Wetlands Board permit for Sand Management would allow the property owner to remove sand, deposit it on the beach and grade the beach if his infrastructure is affected by an accumulation of sand. They would still need to get this permit from the Wetlands Board, but the application fee would be reduced to one hundred dollars($100.00)and there would not be a requirement to post signs on the property to advertise the hearing. Further details regarding the need for the amendment 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 City of Virginia Beach Page 2 of 2 Recommended Action: St ff recommends approval. Planning Commission recommends approval. Submitting Dep• - - , ' _ - ,cy: Planning Department City Manager: i �;: 1 AN ORDINANCE TO AMEND SECTIONS 1601, 2 1603 AND 1605 OF THE COASTAL PRIMARY 3 SAND DUNE ZONING ORDINANCE PERTAINING 4 TO A DEFINITION OF SAND MANAGEMENT 5 PERMIT, THE FEE FOR SUCH PERMIT AND THE 6 PLACEMENT OF SIGNS FOR SUCH PERMIT 7 8 Sections Amended: Coastal Primary Sand 9 Dune Zoning Ordinance §§ 1601, 1603 & 1605 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 17 That Sections 1601, 1603 and 1605 of the Coastal Primary Sand Dune Zoning 18 Ordinance are hereby amended and reordained to read as follows: 19 20 ARTICLE 16. COASTAL PRIMARY SAND DUNE ZONING ORDINANCE 21 22 . . . . 23 24 Sec. 1601. Definitions. 25 26 For the purpose of this article: 27 28 . . . . 29 30 (f) Governmental activity means any or all of the services provided by the 31 City of Virginia Beach to its citizens for the purpose of maintaining public 32 facilities, including but not limited to, such services as constructing, 33 repairing and maintaining roads; providing street lights and sewage 34 facilities; supplying and treating water; and constructing public buildings. 35 36 (g) Sand Management Permit is a permit granted by the local wetlands board 37 to allow owners of property to remove sand, deposit sand and grade the 38 dune/beach, on nourished beaches in the City of Virginia Beach, because 39 of an excessive accumulation of sand that affects infrastructure. 40 41 (g h) Wetlands Board or Board means the board created pursuant to section 42 28.2-1303 of the Code of Virginia. 43 44 . . . . 45 46 47 48 COMMENT 49 50 The definition of Sand Management Permits would allow those owners of property whose 51 infrastructure is being overrun with an excessive accumulation of sand from a nourished beach to 52 apply for a Sand Management Permit that would not require the application be prepared and 53 sealed by a licensed professional, would have a reduced fee and would not require that signs be 54 posted for the Wetlands Board hearing. 55 56 Sec. 1603. Applications for permits. 57 58 (a) Any person who desires to use or alter any coastal primary sand dune within 59 this-city, other than for the purpose of conducting the activities specified in section 1602 60 herein, shall first file an application for a permit with the Wetlands Board at the planning 61 department. 62 63 . . . . 64 65 (c) A nonrefundable processing fee to cover the cost of processing the 66 application shall accompany each permit application. Such fee shall be in an amount of 67 three hundred dollars ($300.00) plus the cost of advertisement shall be required. Such 68 fees shall apply to original applications, including after-the-fact-applications, and to re- 69 applications. The application and re-application fee for sand management permits shall 70 be one hundred dollars ($100.00). No person shall be required to file two (2) separate 71 applications for permits if the project to be undertaken will require permits under Section 72 28.2-1302 of the Code of Virginia and this article. Under those circumstances, the fee 73 shall be established pursuant to this article. A fee in an amount of one hundred dollars 74 ($100.00) shall be required for deferral of an application unless waived by the Board for 75 good cause shown. 76 77 . . . . 78 79 COMMENT 80 81 The application fee for Sand Management Permits would be $100 rather than $300 as for 82 other permits. 83 84 Sec. 1605. Public hearing procedure on permit applications [coastal primary 85 sand dune permit applications]. 86 87 Not later than sixty (60) days after receipt of a complete application, the 88 Wetlands Board shall hold a public hearing on the application. The applicant, city 89 council, commissioner, owner of record of any land adjacent to the coastal primary sand 90 dunes in question, the Virginia Institute of Marine Science, the Department of Game and 91 Inland Fisheries, the State Water Control Board, the Department of Transportation and 92 any governmental agency expressing an interest in the application shall be notified of 93 the hearing. The Board shall mail these notices not less than twenty (20) days prior to 94 the date set for the hearing. The Board shall also cause notice of the hearing to be 2 95 published at least once a week for two (2) weeks prior to such hearing in the newspaper 96 having a general circulation in the City of Virginia Beach. The costs of publication shall 97 be paid by the applicant. The applicant shall also erect, on the property which is the 98 subject of the hearing, a sign of a size, type and lettering approved by the board. One 99 such sign shall be posted within ten (10) feet of every public street adjoining the 100 property, and within ten (10) feet of any body of water or waterway less than five 101 hundred (500) feet wide adjoining the property or in such alternate location or locations 102 as may be prescribed by the planning director. Such sign shall be erected not less than 103 thirty (30) days before the Wetlands Board hearing and shall state the nature of the 104 application and date and time of the hearing. Such signs shall be removed no later than 105 five (5) days thereafter. The placement of the required signs shall not be applicable to 106 sand management permits. In any case in which the Wetlands Board determines that 107 the requirements of this section have not been met, the application shall be deferred or 108 denied. 109 110 COMMENT 111 112 The signs normally required to be posted for a Wetlands Board hearing would not be 113 posted for Sand Management Permits,shortening the time required to get a permit. 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: n J . ) nnmg Dep: Ant111 City Attorney's Office CA13771 R-3 June 20, 2016 3 OrdinanceApplicant City of Virginia Beach Agenda sten, Public Hearing July 13, 2016 Article 16. Coastal Primary Sand Dune Zoning 1. 2 City of Virginia Beach Requested Ordinance Amendment An Ordinance to Amend Sections 1601, 1603 and 1605 of the City of Virginia Beach Coastal Primary Sand Dune Zoning Ordinance. Summary of Amendment This amendment to the Coastal Primary Sand Dune Zoning Ordinance will define Sand Management Permits, reduce the application and reapplication fees and delete the requirement for the placing of signs in regard to the Wetlands Board hearing. The nourishment of Sandbridge has been a tremendous success. So much so that many properties are having an issue with sand creating a nuisance against and over the infrastructure that is on the beach (fences, decks, etc.). On June 21, 2016,the City Council passed an emergency declaration for those properties that had excessive sand that created a health or safety risk. In examining these properties, there were many others for whom the sand was not an emergency, but a nuisance. These amendments are an effort to make the Wetlands Board process less lengthy and expensive for those homeowners. The local Wetlands Board permit for Sand Management would allow the property owner to remove sand, deposit it on the beach and grade the beach if his infrastructure is affected by an accumulation of sand. They would still need to get this permit from the Wetlands Board, but the application fee would be reduced to one hundred dollars ($100.00) and there would not be a requirement to post signs on the property to advertise the hearing. Further,the Planning Director has already waived the requirement for signed and sealed drawings. Recommendation Staff recommends the approval of these amendments to facilitate the ability of homeowners on nourished beaches to care for their infrastructure. City of Virginia Beach Agenda Item 12 Page 1 Amendment 1 AN ORDINANCE TO AMEND SECTIONS 1601, 2 1603 AND 1605 OF THE COASTAL PRIMARY 3 SAND DUNE ZONING ORDINANCE PERTAINING 4 TO A DEFINITION OF SAND MANAGEMENT 5 PERMIT, THE FEE FOR SUCH PERMIT AND THE 6 PLACEMENT OF SIGNS FOR SUCH PERMIT 7 8 Sections Amended: Coastal Primary Sand 9 Dune Zoning Ordinance§§ 1601, 1603& 1605 10 11 WHEREAS,the public necessity,convenience,general welfare and good zoning 12 practice so require; 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH,VIRGINIA: 16 17 That Sections 1601, 1603 and 1605 of the Coastal Primary Sand Dune Zoning 18 Ordinance are hereby amended and reordained to read as follows: 19 20 ARTICLE 16. COASTAL PRIMARY SAND DUNE ZONING ORDINANCE 21 22 23 24 Sec. 1601. Definitions. 25 26 For the purpose of this article: 27 28 29 30 (f) Governmental activity means any or all of the services provided by the 31 City of Virginia Beach to its citizens for the purpose of maintaining public 32 facilities, including but not limited to, such services as constructing, 33 repairing and maintaining roads; providing street lights and sewage 34 facilities;supplying and treating water;and constructing public buildings. 35 36 (a) Sand Management Permit is a permit granted by the local wetlands board 37 to allow owners of property to remove sand, deposit sand and grade the 38 dune/beach.on nourished beaches in the City of Virainia Beach, because 39 of an excessive accumulation of sand that affects infrastructure. 40 41 (g h) Wetlands Board or Board means the board created pursuant to section 42 28.2-1303 of the Code of Virginia. 43 44 45 46 47 City of Virginia Beach Agenda Item 12 Page 2 Amendment 48 COMMENT 49 50 The definition of Sand Management Permits would allow those owners of property whose 51 infrastructure is being overrun with an excessive accumulation of sand from a nourished beach to 52 apply for a Sand Management Permit that would not require the application be prepared and 53 sealed by a licensed professional,would have a reduced fee and would not require that signs be 54 posted for the Wetlands Board hearing. 55 56 Sec. 1603. Applications for permits. 57 58 (a)Any person who desires to use or alter any coastal primary sand dune within 59 this city, other than for the purpose of conducting the activities specified in section 1602 60 herein,shall first file an application for a permit with the Wetlands Board at the planning 61 department. 62 63 64 65 (c) A nonrefundable processing fee to cover the cost of processing the 66 application shall accompany each permit application. Such fee shall be in an amount of 67 three hundred dollars($300.00)plus the cost of advertisement shall be required. Such 68 fees shall apply to original applications, including after-the-fact-applications, and to re- 69 applications. The application and re-application fee for sand management permits shall 70 be one hundred dollars($100.00). No person shall be required to file two (2)separate 71 applications for permits if the project to be undertaken will require permits under Section 72 28.2-1302 of the Code of Virginia and this article. Under those circumstances, the fee 73 shall be established pursuant to this article.A fee in an amount of one hundred dollars 74 ($100.00)shall be required for deferral of an application unless waived by the Board for 75 good cause shown. 76 77 78 79 COMMENT 80 81 The application fee for Sand Management Permits would be$100 rather than$300 as for 82 other permits. 83 84 Sec. 1605. Public hearing procedure on permit applications [coastal primary 85 sand dune permit applications]. 86 87 Not later than sixty (60) days after receipt of a complete application, the 88 Wetlands Board shall hold a public hearing on the application. The applicant, city 89 council,commissioner,owner of record of any land adjacent to the coastal primary sand 90 dunes in question,the Virginia Institute of Marine Science,the Department of Game and 91 Inland Fisheries, the State Water Control Board, the Department of Transportation and 92 any governmental agency expressing an interest in the application shall be notified of 93 the hearing. The Board shall mail these notices not less than twenty(20)days prior to 94 the date set for the hearing. The Board shall also cause notice of the hearing to be 2 City of Virginia Beach Agenda Item 12 Page 3 Amendment 95 published at least once a week for two(2)weeks prior to such hearing in the newspaper 96 having a general circulation in the City of Virginia Beach.The costs of publication shall 97 be paid by the applicant. The applicant shall also erect, on the property which is the 98 subject of the hearing, a sign of a size, type and lettering approved by the board. One 99 such sign shall be posted within ten (10) feet of every public street adjoining the 100 property, and within ten (10) feet of any body of water or waterway less than five 101 hundred(500)feet wide adjoining the property or in such alternate location or locations 102 as may be prescribed by the planning director.Such sign shall be erected not less than 103 thirty(30) days before the Wetlands Board hearing and shall state the nature of the 104 application and date and time of the hearing.Such signs shall be removed no later than 105 five (5)days thereafter. The placement of the required signs shall not be applicable to 106 sand management permits. In any case in which the Wetlands Board determines that 107 the requirements of this section have not been met, the application shall be deferred or 108 denied. 109 110 COMMENT 111 112 The signs normally required to be posted for a Wetlands Board hearing would not he 113 posted for Sand Management Permits,shortening the time required to get a permit. 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: 41I ,..Wit I a Al /iiLA . �1 :nnmg Dep: "" nt MAM City Attorney's Office CA13771 R-3 June 20,2016 3 City of Virginia Beach Agenda Item 12 Page 4 Item#12 City of Virginia Beach An Ordinance to Amend Sections 1601, 1603& 1605 of the Coastal Primary Sand Dune Ordinance July 13, 2016 CONSENT An Ordinance to Amend Sections 1601, 1603& 1605 of the Coastal Primary Sand Dune Zoning Ordinance pertaining to a Definition of Sand Management Permit,the fee for such permit and the placement of signs for such permit. A motion was made by Commissioner Thornton and seconded by Commissioner Rucinski to approve item 12. 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 12 for consent. Kay Wilson appeared before the Commission. L. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY and MANAGEMENT TEAM—CSA AT RISK DOMESTIC VIOLENCE FATALITY REVIEW TEAM HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PERSONNEL BOARD TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION - VBCDC M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** 08/16/16 tc CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 08/02/2016 PAGE: 1 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MSU I P DNOKMMS H LW O Y LN A O O OR S 0 R E E ENS NM 1 00 T R Y S ES D SNND CITY COUNCIL'S BRIEFING Philip J.Kellam, Commissioner of the A. AIRBNB Revenue Robert Matthias, Assistant to the City Manager CITY MANAGER'S BRIEFINGS A. OUTDOOR PLANS Barbara Duke—Parks and Recreation B. PLANNING ITEMS-PENDING Kevin Kemp- Planning IIUIVN/ CERTIFICATION OF CLOSED VUVII. SESSIONS A-E CERTIFIED 8-0 Y Y Y Y Y A A Y Y Y A B B B S S S E E E N N N T T T F MINUTES 8 0 y y y y y A A Y Y Y A JULY 12,2016 APPROVED B B B S S S E E E N N N T T T G FORMAL SESSION AGENDA CONSENT AGENDA H PRESENTATIONS A. EARLY CHILDHOOD Eva Poole,Director— EDUCATION -Resolution Libraries B. NATIONAL NIGHT OUT— Proclamation 1.1 Ordinances to AMEND the City Code: ADOPTED,BY 9 0 Y Y Y Y Y A A Y Y Y Y a. §§2-455/2-456 re name/duties of CONSENT Aquarium and Museums B B b. §2-143 re Declaration of Local S E Emergency E E N N T T CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 08/02/2016 PAGE: 2 A _ ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MSU 1 P DNOKMM S H LW O Y L N A 00 OR SO R EE ENS NM I 00 T R Y S E S D SNND 2 Ordinance to ESTABLISH Human ADOPTED,BY 9_0 Y y Y Y Y A A Y Y Y Y Services Client Information System II re CONSENT electronic Health records B B S S E E N N T T 3 Resolution to CONFIRM appointment of ADOPTED,BY 9—0 Y Y Y Y Y A A Y Y Y Y Matthew R.Simmons as Assistant City CONSENT B B Attorney S S E E N N T T 4 Ordinances to ACCEPT and ADOPTED,BY 9 0 Y Y Y Y Y A A Y Y Y Y APPROPRIATE Grant funds: CONSENT B B a. $65,000 from VA Criminal Justice re S S internet crimes against children E E b. $ 4,132 from VA State Police for N N local Police Auto Theft Investigators training T T c. $451,775 from the Technology Trust Fund to the Circuit Court Clerk K. APPOINTMENTS RESCHEDULED B YCONS ENS U S CLEAN COMMUNITY COMMISSION COMMUNITY POLICY and MANAGEMENT TEAM (CSA—AT RISK) HUMAN RIGHTS COMMISSION PARKS and RECREATION COMMISSION PUBLIC LIBRARY BOARD TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION BAYFRONT ADVISORY COMMISSION Appointed 9_0 Y Y Y Y Y A A Y Y Y Y Captain Daniel B B Senesky,Ex Officio S S E E N N T T CITY SERVICES BILL Appointed 9_0 Y Y Y Y Y A A Y Y Y Y AFFORDABILITY AD HOC Lisa O'Neill, B B COMMITTEE Representing Mayor's S S Commission on Aging E E N N T T CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 08/02/2016 PAGE: 3 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MSU 1 P DNOKMM S H LW O Y LN A O O OR SO R EEENS NM I 00 T R Y S ES D SNND OPEN SPACE ADVISORY Reappointed 9—0 Y Y Y Y Y A A Y Y Y Y 3-Yr Term B B 6/1/16-5/31/19 S S Kale Warren E E N N T T Appointed— PUBLIC LIBRARY BOARD Unexpired through 9—0 Y Y Y Y Y A A Y Y Y Y 8/31/18 B B Ryan Reyes S S E E N N T T UM/N ADJOURNMENT 6:14 P.M. PUBLIC COMMENT 1 Speaker 6:14-6:17 P.M.