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HomeMy WebLinkAboutDECEMBER 6, 2016 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL We`.ae1 MAYOR WILL/AMD.SESSOMS.JF At-Large it CHh VICE MAYOR LOUIS R JO.NEJB A District 4 p4 M BENJAMIN DAVENPORT A Large ROBERT M.DYER.C ill D i l U / I BARBARA M.HENLEY.Princess Anne District 7 SHANNON DS KANE Rose Hll District 3 JOHN D.MOSS,Al Large K 0, AMELIA ROSS-HA.MMOND,Kemp ville•Di✓icl 1 JOHN E.U'IIRA',Beach District °u• ROSEMARY WILSON At-Large JAMES L. WOOD,Lynnhaven-District 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER DAVM L.HANSEN VIRGINIA REACH, VIRGINIA 23456-9005 CITYAITORNSY MARK D.STILES CITY COUNCIL AGENDA PHONE:(957)385-4303 CITY ASSESSOR JERALD D.BANAGAN FAX(759)385-5669 (T/Y AUDITOR LYNDON S.REM/A1 06 December 2016 E-MAIL:Ctycnc11vbgov.rom CITY CLERK RUTH HODGES FRAS'ER..MM(' MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room 4:00 PM A. CITY SERVICES BILL AFFORDABILITY AD HOC COMMITTEE Christopher W. Chope, Chair II. CITY MANAGER'S BRIEFINGS A. ATLANTIC AVENUE CLOSING David L. Hansen, City Manager B. FLSA OVERTIME RULE Regina Hilliard, Director—Human Resources C. HURRICANE MATTHEW - Update Steve Cover, Deputy City Manager III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room- 5:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION -City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms,Jr. B. INVOCATION: Lt. Joseph Gilliam, Chaplain Naval Air Station Oceana Chapel C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS November 15, 2016 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS I. AGRICULTURAL PRESERVE AGREEMENT(ARP) 4384 Charity Neck Road 2. PROPERTY TAX- Exemption Families of Autistic Children of Tidewater Utopia Feni, Inc. 3. PROPOSED ALCOHOLIC BEVERAGE ANNUAL LICENSE FEES Arts Venues Art Instruction Studios Wineries Performing Arts Facilities I. ORDINANCES/RESOLUTION I. Ordinances to AMEND the City Code: a. Section 10-1 to rename the Polling Place for the Oceana Precinct b. Sections 18-49 and 18-50 re Alcoholic Beverage License Taxes 2. Ordinance to AUTHORIZE acquistion of an Agricultural Land Preservation(ARP) easement in the amount of$209,356 from The Betty D. Whitehurst Declaration of Trust at 4384 Charity Neck Road DISTRICT 7—PRINCESS ANNE 3. Ordinances to EXEMPT from local real estate and personal property taxes: a. Families of Autistic Children of Tidewater, Inc. b. Utopia Feni, Inc. 4. Ordinance to DECLARE an end to the Declaration of Local Emergency re Hurricane Matthew 5. Resolution to CONFIRM the appointment of Gerald L. Harris as Associate City Attorney, effective December 22, 2016 6. Ordinance to EXTEND the date for satisfaction of conditions for Thomas C. and Lisa D. McKee re the closing of an improved portion of Circle Lane DISTRICT 5 —LYNNHAVEN 7. Ordinance to AUTHORIZE temporary encroachments for Benjamin S. McCarty and Samantha Jo Sturgeon at 644 Chesopeian Trail DISTRICT 6—BEACH 8. Ordinance to APPROPRIATE $132,500 from the Police Federal/State Seized Assets Special Revenue Fund re security and safety equipment J. PLANNING 1. IVY LEAGUE ACADEMY and VIRGINIA BEACH FIRST CHURCH OF THE NAZARENE for Modification of Conditions to increase enrollment and expand the hours at a private school at 4413 Wishart Road (approved September 15, 2015) DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 2. THALIA ACRES, LLC for a Conditional Use Permit re a non-commercial marina at Steinhilbers, 653 Thalia Road DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 3. ERICA DANCEL and RAMON MEJIA for a Conditional Use Permit re a family day-care at 2749 Mulberry Loop DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 4. WILLIAM E. and EILEEN T. BYMAN and GREGORY and ANN CHAMBERLAIN for a Conditional Use Permit re a community pier at 824 and 828 St. Martin Drive DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 5. DISCIPLESHIP TABERNACLE HOLLAND LAKES ASSOCIATES,LLC for a Conditional Use Permit re religious use in a Shopping Center at 3478 Holland Road DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 6. SANDBRIDGE TATTOO and GENERAL BOOTH PROPERTIES OF VA BEACH, INC. for a Conditional Use Permit re a tattoo parlor at 2336 Elson Green Avenue DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 7. VIRGINIA MUSEUM OF CONTEMPORARY ART (MOCA) and CITY OF VIRGINIA BEACH for a Conditional Use Permit re outdoor cultural and fund-raising events at 2200 Parks Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 8. MCQ BUILDERS, LLC, ANNIE JONES HARRIS,JAMES C. and CATHERINE HARRIS and HOLLIS ROAD ASSOCIATES,LLC re a Conditional Change of Zoning from R-10 Residential to Conditional PD-H2 and A-12 Apartment re twenty-nine (29) units at 4732, 4712, 4708 and 4704 Indian River Road DISTRICT 1 —CENTERVILLE RECOMMENDATION: STAFF—DENIAL PLANNING COMMISSION -APPROVAL 9. CITY OF VIRGINIA BEACH re a Change of Zoning from A-12 Apartment and A-18 Apartment to P-1 Preservation District re public park at 120 Marshview Drive DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 10. Ordinances to AMEND the City Zoning Ordinance: a. Section 235 re Signage for Housing for Seniors and Disabled Persons b. Section 111, 401, 501 and 1110 re Residential Care for Seniors c. Section 1110 re Residential Care for Seniors d. Section 111 re Definition of Major Entertainment Venue K. APPOINTMENTS COMMUNITY POLICY AND MANAGEMENT TEAM—CSA HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION RESORT ADVISORY COMMISSION TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION—VBCDC L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** 12/6/16 st CITY COUNCIL SPECIAL FORMAL SESSION "Swearing-In" Ceremony January 3, 2017 Time: tba Virginia Beach City Council Chamber CITY COUNCIL WINTER RETREAT Economic Development Conference Room Suite 700 4525 Main Street, , Town Center February 13-14, 2017 8:30 AM to 4:30 PM CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL iv,. MAYOR WILL/AM D.SE SOMS,JR.,AI-Large PG _ _ C/y. VICE MAYOR LOU'S R.JONES.Bayside District 4 p Al.BENJAMIN DAVENPORT',At Large. ROBERT M.DYER Centerville District l / f s R4RBARAM HENLEY.Princess Anne Mono? SHANNON DS KANE,Rose!Call DiHrlct 3 • JOHN 0 MOSS,Al Large AMELIA ROSS-HAMMOND.Kempsville-Dunicl' JOHN L UHR/N Bench District ` ROSEMARY WILSON,AI-Large JAMES L. WOOD,Lnnhaven-District 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER DAVID L.HA.NSEN VIRGINIA BRACH, VIRGINIA 23456-9005 CITY ATTORNEY MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR ✓/BALD D.BA NA GIN FAX(759)385-5669 C'/]Y AUDITOR LYNDONS REM/AS 06 December 2016 P.-MAIL:COrnagvbgo¢Com CITY CLERK RUTH HODGES FRASER,MMC MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL'S BRIEFING -Conference Room 4:00 PM A. CITY SERVICES BILL AFFORDABILITY AD HOC COMMITTEE Christopher W. Chope, Chair II. CITY MANAGER'S BRIEFINGS A. ATLANTIC AVENUE CLOSING David L. Hansen, City Manager B. FLSA OVERTIME RULE Regina Hilliard, Director— Human Resources C. HURRICANE MATTHEW -Update Steve Cover, Deputy City Manager III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Lt. Joseph Gilliam, Chaplain Naval Air Station Oceana Chapel C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS November 15, 2016 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. AGRICULTURAL PRESERVE AGREEMENT (ARP) 4384 Charity Neck Road 2. PROPERTY TAX - Exemption Families of Autistic Children of Tidewater 3. PROPOSED ALCOHOLIC BEVERAGE ANNUAL LICENSE FEES Arts Venues Art Instruction Studios Wineries Performing Arts Facilities 4 a "'s t?T I NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE AGREEMENT FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH, VIRGINIA Notice is hereby given that the City Council of the City of Virginia Beach, Virginia,will hold a public hearing with respect to the execution and delivery of Installment Purchase Agreement for the acquisition of an agricultural land preservation easement with respect to 41.05 acres of land located at 4384 Charity Neck Road, in the City of Virginia Beach, Virginia, pursuant to Ordinance No. 95-2319, as amended, known as the Agricultural Lands Preservation Ordinance,which establishes an agricultural reserve program for the southern portion of the City designated to (a) promote and encourage the preservation of farmland, (b) preserve open spaces and the area's rural character, (c)conserve and protect environmentally sensitive resources,(d)reduce and defer the need for major infrastructure improvements and the expenditure of public funds for such improvements,and (e) assist in shaping the character, direction and timing of community development. Such easement will be purchased pursuant to an Installment Purchase Agreement for an estimated maximum purchase price of $209,356. The City's obligation to pay the purchase price under the Installment Purchase Agreement is a general obligation of the City,and the full faith and credit and the unlimited taxing power of the City will be irrevocably pledged to the punctual payment of the purchase price and the interest on the unpaid principal balance of the purchase price as and when the same respectively become due and payable. The public hearing, which may be continued or adjourned, will be held by the City Council on December 6,2016,at 6:00 p.m. in the City Council Chambers located on the 2nd floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia. Any person interested in this matter may appear and be heard. CITY OF VIRGINIA BEACH, VIRGINIA Ruth Hodges Fraser,MM 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 CLERKS OFFICE at 385-4303. BEACON: 11/20/16 and 11/27/16 Y2 14, 2 se....- rt ;;Fp NOTICE OF PUBUC HEARING Proposed Exemptions from Local Property Taxation By Designation On Tuesday,December 6,2016 at 6:00 pm in the Council Chamber on the second floor of the City Hall building, Municipal Center,Virginia Beach, Virginia, the City Council of the City of Virginia Beach will hold a public hearing on an ordinance to exempt Families of Autistic Children of Tidewater,which has a real property tax assessment of$0 and taxes assessed at$0 and tangible personal property assessment of$44,497.80 and such taxes assessed at $1,780.63 and an ordinance to exempt Utopia Feni, Inc., which has a real property tax assessment of $0 and taxes assessed at $0 and tangible personal property assessment of $2371.20 and such taxes assessed at$94.85. Ruth Hodges Fraser, City Clerk A copy of a proposed ordinance is on file in the office of the City Clerk. All interested persons are welcome to appear at the hearing and present their views on the proposed exemptions. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303; hearing impaired,call Virginia Relay at 1- 800-828-1120. Beacon November 20,2016 (( ;,rte_ """ jil Y iFiLt iG LL W.'R M1.v.� NOTICE OF PUBLIC HEARING Proposed Increase of Local Tax Levy Local ABC License Tax On Tuesday,December 6,2016 at 6:00 pm in the Council Chamber on the second floor of the City Hall building,Municipal Center, Virginia Beach, Virginia, the City Council of the City of Virginia Beach will hold a public hearing on an ordinance to amend City Code sections 18-49 and 18-50 providing local license taxes for alcoholic beverages. Specifically, the ordinance will levy an annual tax of$20 for an arts venues event license, an annual tax of $20 for an art instruction studio license, an annual tax of $50 for a farm winery license, and an annual tax of $300 for a mixed beverage performing arts facility license. Such taxes are authorized by §4.1-233 of the Code of Virginia. Ruth Hodges Fraser,MMIALAV City Clerk A copy of a proposed ordinance is on file in the office of the City Clerk. All interested persons are welcome to appear at the hearing and present their views on the proposed exemptions. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303; hearing impaired,call Virginia Relay at 1- 800-828-1120. Beacon November 20,2016. I. ORDINANCES/RESOLUTION 1. Ordinances to AMEND the City Code: a. Section 10-1 to rename the Polling Place for the Oceana Precinct b. Sections 18-49 and 18-50 re Alcoholic Beverage License Taxes 2. Ordinance to AUTHORIZE acquistion of an Agricultural Land Preservation(ARP) easement in the amount of$209,356 from The Betty D.Whitehurst Declaration of Trust at 4384 Charity Neck Road DISTRICT 7—PRINCESS ANNE 3. Ordinances to EXEMPT from local real estate and personal property taxes: a. Families of Autistic Children of Tidewater, Inc. b. Utopia Feni, Inc. 4. Ordinance to DECLARE an end to the Declaration of Local Emergency re Hurricane Matthew 5. Resolution to CONFIRM the appointment of Gerald L. Harris as Associate City Attorney, effective December 22, 2016 6. Ordinance to EXTEND the date for satisfaction of conditions for Thomas C. and Lisa D. McKee re the closing of an improved portion of Circle Lane DISTRICT 5 —LYNNHAVEN 7. Ordinance to AUTHORIZE temporary encroachments for Benjamin S. McCarty and Samantha Jo Sturgeon at 644 Chesopeian Trail DISTRICT 6—BEACH 8. Ordinance to APPROPRIATE $132,500 from the Police Federal/State Seized Assets Special Revenue Fund re security and safety equipment r `{A 4q. iy, t .Yj 4w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 10-1 of the City Code to Rename the Polling Place for the Oceana Precinct MEETING DATE: December 6, 2016 • Background: The Voter Registrar periodically reviews the City's precincts and recommends changes or updates as needed. The polling location for the Oceana Precinct has changed its name. The physical location has not changed. • Considerations: Scott Memorial United Methodist Church changed its name to The Gathering at Scott Memorial United Methodist Church. The attached ordinance updates the name of the polling place in City Code §10-1. • Public Information: This item will be advertised as part of the normal Council Agenda process. The voters in the Oceana Precinct will be mailed new voter identification cards that reflect the change in the name of the polling location. • Recommendation: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: Approval / Submitting Dep• u me Agency: Voter Registrar ' City Manager: 1 1 AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY 2 CODE TO RENAME THE POLLING PLACE FOR THE 3 OCEANA PRECINCT 4 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 8 Section 10-1 of the City Code is hereby amended and reordained to read as 9 follows: 10 11 Sec. 10-1. Establishment of precincts and polling places. 12 13 There are hereby established in the city the following precincts and their 14 respective polling places, as set forth below: 15 16 Precinct Polling Place 17 18 Alanton Alanton Elementary School 19 Aragona Bayside Sixth Grade Campus 20 Arrowhead Arrowhead Elementary School 21 Avalon Woodstock Elementary School 22 Baker Ebenezer Baptist Church 23 Bayside Bayside Elementary School 24 Bellamy Salem Middle School 25 Blackwater Blackwater Fire Station 26 Bonney Discovery Church 27 Brandon Brandon Middle School 28 Brookwood Plaza Annex 29 Buckner Green Run Baptist Church 30 Cape Henry Research and Enlightenment Building (Edgar 31 Cayce Library) 32 Capps Shop Back Bay Christian Assembly 33 Centerville Centerville Elementary School 34 Chesapeake Beach Bayside Baptist Church 35 Chimney Hill Congregation Beth Chaverim 36 College Park College Park Elementary School 37 Colonial Colonial Baptist Church 38 Colony Lynnhaven Colony Congregational Church 39 Corporate Landing Corporate Landing Middle School 40 Courthouse Courthouse Fire Station 41 Creeds Oak Grove Baptist Church 42 Cromwell Salem United Methodist Church 43 Culver Ocean Lakes High School 44 Dahlia Green Run High School 45 Dam Neck Corporate Landing Elementary School 46 Davis Corner Bettie F. Williams Elementary School 47 Eastern Shore Eastern Shore Chapel 48 Edinburgh St. Aidan's Episcopal Church 49 Edwin Kempsville Middle School 50 Fairfield Kempsville Presbyterian Church 51 Foxfire Kemps Landing/Old Donation School 52 Glenwood Glenwood Elementary School 53 Great Neck All Saints Episcopal Church 54 Green Run Green Run Elementary School 55 Haygood Haygood United Methodist Church 56 Hillcrest Village Church Hilltop Freedom Fellowship 57 Church 58 Holland Holland Elementary School 59 Homestead Providence Presbyterian Church 60 Hunt Princess Anne Recreation Center 61 Independence Water's Edge Church 62 Indian Lakes Indian Lakes Elementary School 63 Indian River San Lorenzo Spiritual Center 64 Kings Grant St. Nicholas Catholic Church 65 Kingston King's Grant Presbyterian Church 66 Lake Christopher New Covenant Presbyterian Church 67 Lake Joyce Morning Star Baptist Church 68 Lake Smith Bayside Church of Christ 69 Landstown Landstown Community Church 70 Larkspur St. Andrews United Methodist Church 71 Lexington Larkspur Middle School 72 Linkhorn Virginia Beach Community Chapel 73 Little Neck Lynnhaven United Methodist Church 74 London Bridge London Bridge Baptist Church 75 Lynnhaven Cape Henry Church 76 Magic Hollow Virginia Beach Moose Family Center 77 Malibu Malibu Elementary School 78 Manor Providence Elementary School 79 Mt. Trashmore Windsor Woods Elementary School 80 Newtown Good Samaritan Episcopal Church 81 North Beach Galilee Episcopal Church 82 North Landing Hope Haven 83 Ocean Lakes Ocean Lakes Elementary School 84 Ocean Park Bayside Community Recreation Center 85 Oceana Scott Memorial United Methodist Church 86 The Gathering at Scott Memorial United 87 Methodist Church 88 Old Donation Calvary Baptist Church 89 Pembroke Pembroke Elementary School 90 Pinewood Lynnhaven Presbyterian Church 91 Plaza Lynnhaven Elementary School 92 Pleasant Hall Kempsville Baptist Church Pleasant Hall Annex 93 Point O'View Kempsville Church of Christ 94 Red Wing Fraternal Order of Police, Lodge #8 95 Rock Lake Salem Elementary School 96 Rosemont Forest Rosemont Forest Elementary School 97 Roundhill Salem High School 98 Rudee Virginia Beach Volunteer Rescue Squad 99 Building 100 Seatack Mount Olive Baptist Church 101 Shannon Church of the Ascension 102 Shelburne Christopher Farms Elementary School 103 Shell Unity Church of Tidewater 104 Shelton Park Shelton Park Elementary 105 Sherry Park St. Matthews Catholic Church 106 Sigma Red Mill Elementary School 107 South Beach Contemporary Art Center of Virginia 108 Stratford Chase Community United Methodist Church 109 Strawbridge Strawbridge Elementary School 110 Tallwood Tallwood Elementary School 111 Thalia Thalia Elementary School 112 Thoroughgood Independence Middle School 113 Timberlake White Oaks Elementary School 114 Trantwood Virginia Beach Christian Church 115 Upton Three Oaks Elementary School 116 Village Thalia Lynn Baptist Church 117 Windsor Oaks Windsor Oaks Elementary School 118 Witchduck Bayside Presbyterian Church 119 Wolfsnare Virginia Beach Christian Life Center 120 Central Absentee Voter AgricultureNoter Registrar Building 121 Precinct 122 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 SUFFIC , - : / A tonna matte son I n, armeyer Voter Registrar City Attorney's Office CA13891 R-1 November 17, 2016 CIN. ,-,,;6'..'''llz: [ r yl CITY OF VIRGINIA BEACH \. AGENDA ITEM f ITEM: An Ordinance to Amend and Reordain Sections 18-49 and 18-50 of the City Code Providing Local License Taxes upon Businesses Serving Alcohol MEETING DATE: December 6, 2016 • Background: The City imposes local license taxes upon various businesses with licenses from the Virginia Alcohol Beverage Control Authority. These local license taxes are authorized by § 4.1-233 of the Code of Virginia. Recent amendments to this section of the Virginia Code have introduced new lines of business not previously addressed by the current City Code. These businesses are currently required to obtain an ABC license, and the proposed local license taxes would be in addition to any state approvals and fees. • Considerations: The attached ordinance clarifies three volume-based classifications for distillers: Less than 5,000 gallons (no tax); 5,000 gallons to 36,000 gallons ($750); and 36,000 plus ($1,000). Additionally, the new lines of business to be added are: arts venue event license ($20); art instruction studio license ($20); farm winery license ($50); and mixed beverage performing arts facility license ($300). • Public Information: This item will be advertised in the normal Council Agenda process. Because it is a levy of taxes, this item required an advertisement in the Beacon, which ran on November 20, 2016, and a public hearing to be held on December 6, 2016. • Attachments: Ordinance Recommended Action: Approval / Submitting Departm- - le Aency: Commissioner of Revenue =4. City Manager 1 AN ORDINANCE TO AMEND SECTIONS 18- 2 49 AND 18-50 OF THE CITY CODE 3 PERTAINING TO ALCOHOLIC AND MIXED 4 ALCOHOLIC BEVERAGES LICENSE TAXES 5 6 SECTIONS ADDED: §§ 18-49 and 18-50 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Sections 18-49 and 18-50 of the Code of the City of Virginia Beach, Virginia, 12 are hereby amended and ordained to read as follows: 13 14 Sec. 18-49. - Alcoholic beverages—Generally. 15 16 (a) Every person engaged in manufacturing, bottling, selling or dispensing alcoholic 17 beverages shall pay license taxes in the following sums, per annum: 18 19 (1) For each distiller's license, if more than five thousand (5,000) gallons of spirits 20 are manufactured during the license year but not more than 36,000 gallons 21 manufactured during such year, seven hundred and fifty dollars ($750.00); if 22 more than 36,000 manufactured during such year, including bottling, one 23 thousand dollars ($1,000.00); and no local license shall be required for any 24 person who manufactures not more than 5,000 gallons of alcohol or spirits, or 25 both, during such license year. 26 27 (2) For each winery license, fifty dollars ($50.00). 28 29 (3) For each brewery license, including bottling, one thousand dollars ($1,000.00), 30 except if the brewery manufactures less than five hundred (500) barrels during 31 the year in which case the brewery license for such person shall be two 32 hundred and fifty dollars ($250.00). 33 34 (4) For each bottler's license, five hundred dollars ($500.00). 35 36 (5) For each wholesale beer license, two hundred fifty dollars ($250.00). 37 38 (6) For each wholesale wine distributor's license, fifty dollars ($50.00). 39 40 (7) For each retail on-premises wine and beer license for a hotel, restaurant, gift 41 shop, gourmet shop, convenience grocery store or club; for each retail off- 42 premises wine and beer license; and for each on and off-premises wine and 43 beer license, one hundred fifty dollars ($150.00). 44 45 (8) For each retail on-premises beer license for a hotel, restaurant or club; for each 46 retail off-premises beer license; for each on- and off-premises beer license; and 47 for each druggist license, one hundred dollars ($100.00). 48 49 (9) For each bed & breakfast license, forty dollars ($40.00). 50 51 (10)For each day spa license, twenty dollars ($20.00). 52 53 (11) For each farm winery license, fifty dollars ($50.00). 54 55 (12) For each annual arts venue event license, twenty dollars ($20.00). 56 57 (13) For each art instruction studio license, twenty dollars ($20.00). 58 59 (b) The licenses referred to in subsection (a) above shall be as respectively defined by 60 the Alcoholic Beverage Control Act of the state, as amended, and the terms 61 "alcoholic beverages", "alcohol", "spirits", "beer" and "wine", wherever used in this 62 section shall have the meanings respectively ascribed to them by such act. 63 64 (c) No license shall be issued under this section to any person, unless such person 65 shall hold or shall secure simultaneously therewith the proper state license required 66 by the Alcoholic Beverage Control Act. Such state license shall be exhibited to the 67 commissioner of revenue. 68 69 (d) Any license issued under this section may be amended to show a change in the 70 place of business within the city. Any such license may be transferred from one 71 person to another; provided the person to whom transferred holds, at the same 72 time, a similar license from the state alcoholic beverage control commission. 73 74 (e) In imposing wholesale merchant's license taxes measured by purchases and retail 75 merchant's license taxes measured by sales and restaurant license taxes measured 76 by sales under the provisions of this chapter, other than the provisions of this 77 section, alcoholic beverages shall be included in the base or bases for measuring 78 such license taxes the same as if the alcoholic beverages were nonalcoholic. No 79 alcoholic beverage license tax levied under this section shall be construed as 80 exempting any licensee from any merchant's or restaurant license tax, and such 81 merchant's and restaurant license taxes shall be in addition to the alcoholic 82 beverage license taxes levied hereby; provided, however, that in determining the 83 liability of a beer wholesaler or wholesale wine distributor to merchant's license 84 taxation under this chapter, there shall be deducted from such merchant's license 85 tax the amount of the specific license tax imposed under this section and paid by 86 such beer wholesaler or wholesale wine distributor. 87 88 Sec. 18-50. - Same—Mixed beverages. 89 90 (a) Every person engaged in the business of selling mixed alcoholic beverages shall 91 pay a license tax in the following sums: 92 93 (1) Persons operating restaurants, including restaurants located on the premises of 94 and operated by hotels or motels: 95 96 a. $200.00 per annum for each restaurant with a seating capacity at tables for 97 up to 100 persons; 98 b. $350.00 per annum for each restaurant with a seating capacity at tables for 99 more than 100 but not more than 150 persons; and 100 c. $500.00 per annum for each restaurant with a seating capacity at tables for 101 more than 150 persons. 102 103 (2) A private, nonprofit club operating a restaurant located on the premises of such 104 club, $350.00 per annum. 105 106 (3) A mixed beverage caterer, $250.00 per annum. 107 108 (4) An amphitheater, $300.00 per annum. 109 110 (5) A mixed beverage performing arts facility, $300.00 per annum. 111 112 (b) No license shall be issued under this section to any person, unless such person 113 shall hold or secure simultaneously therewith the proper state license required by 114 the Alcoholic Beverage Control Act of the state, as amended. 115 116 (c) Any license referred to in this section may be amended to show a change in the 117 place of business within the city. Any such license may be transferred from one 118 person to another; provided the person to whom it is transferred holds, at the same 119 time, a similar license from the state alcoholic beverage control commission. 120 121 (d) No local license tax shall be either charged or collected for the privilege of selling 122 alcoholic beverages in passenger trains, boats, airplanes, or rooms designated by 123 the Board of establishments of air carriers of passengers at airports in the 124 Commonwealth for on-premises consumption only. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 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: Phil Ilam Dana. H eyer Commissioner of th Revenue City Attorney's Office CA13888 R-1 November 21, 2016 x�� `.HLT} -,=.::,:..s.,..- CITY wvCITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Principal Amount of $209,356 (Property of The Betty D. Whitehurst Declaration of Trust) MEETING DATE: December 6, 2016 • Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon seven (7) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1,800 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights of property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City's interests, and other standard contingencies. • Considerations: The subject property consists of one (1) parcel of land having approximately 41.05 acres outside of marshland or swampland. It is owned by The Betty D. Whitehurst Declaration of Trust. Under current development regulations, there is a total development potential of four (4) single-family dwelling building sites, and two (2) sites are reserved due to the existing duplex located on the parcel. The parcel, which is shown on the attached Location Map, is located at 4384/4393/4394 Charity Neck Road (GPIN: 2410-68-3013) in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $209,356. This price is the equivalent of approximately $5,100 per acre. 2 The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 2.33% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 4.33% without the further approval of the City Council. The ordinance transfers the proposed purchase price from the Agricultural Reserve Program Special Revenue Fund to the General Debt Fund for the purchase of the U.S. Treasury STRIPS. The proposed terms and conditions of the purchase of the development rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. • Public Information: Notice of Public Hearing has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. • Alternatives: The City Council may decline to purchase the development rights to the property. • Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. • Attachments: Ordinance Summary of Terms of Installment Purchase Agreement Location Map Recommended Action: Adoption li Submitting De• • � - 'gency: Agriculture Department pS City Manager y, I.,r11 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 5 $209,356 (PROPERTY OF THE BETTY D. WHITEHURST 6 DECLARATION OF TRUST) 7 8 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 9 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 10 presented to the City Council a request for approval of an Installment Purchase Agreement 11 (the form and standard provisions of which have been previously approved by the City 12 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 13 the City Attorney's Office) for the acquisition of the Development Rights (as defined in the 14 Installment Purchase Agreement) on certain property located in the City and more fully 15 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 16 $209,356; and 17 18 WHEREAS, the aforesaid Development Rights shall be acquired through the 19 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 20 compliance with, the requirements of the Ordinance; and 21 22 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 23 purchase as evidenced by the Installment Purchase Agreement. 24 25 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. The City Council hereby determines and finds that the proposed terms and 29 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 30 Agreement, including the purchase price and manner of payment, are fair and reasonable 31 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 32 is hereby authorized to approve, upon or before the execution and delivery of the 33 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 34 balance of the purchase price set forth hereinabove as the greater of 2.33% per annum or 35 the per annum rate which is equal to the yield on United States Treasury STRIPS 36 purchased by the City to fund such unpaid principal balance; provided, however,that such 37 rate of interest shall not exceed 4.33% unless the approval of the City Council by resolution 38 duly adopted is first obtained. 39 40 2. The City Council hereby further determines that funding is available for the 41 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 42 the terms and conditions set forth therein. 43 44 3. The City Council hereby expressly approves the Installment Purchase 45 Agreement and, subject to the determination of the City Attorney that there are no defects 46 in title to the property or other restrictions or encumbrances thereon which may, in the 47 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 48 Manager or his designee to execute and deliver the Installment Purchase Agreement in 49 substantially the same form and substance as approved hereby with such minor 50 modifications, insertions, completions or omissions which do not materially alter the 51 purchase price or manner of payment, as the City Manager or his designee shall approve. 52 The City Council further directs the City Clerk to affix the seal of the City to, and attest 53 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 54 incurrence of the indebtedness represented by the issuance and delivery of the Installment 55 Purchase Agreement. 56 57 4. The City Council hereby elects to issue the indebtedness under the Charter 58 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 59 the indebtedness a contractual obligation bearing the full faith and credit of the City. 60 61 5. The City Council hereby transfers $96,304 from the Agricultural Reserve 62 Program Special Revenue Fund (161) to the General Debt Fund (302). 63 64 Adoption requires an affirmative vote of a majority of all members of the City 65 Council. 66 67 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 68 , 20 . APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Agriculture Department Budget and Management Services CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: UNDS: �?� ._, i� r lam' `f/ l./ Director of ina ce t City Attorney's Office CA13851 \\vbgov.corn\DFSI\Applications\CityLawProd\cycom32\Wpdocs\DOPTP022\00333688.DOC R-1 Date: November 22, 2016 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2016-152 SUMMARY OF TERMS SELLER: The Betty D. Whitehurst Declaration of Trust PROPERTY LOCATION: 4384/4392/4394 Charity Neck Road PURCHASE PRICE: $209,356 EASEMENT AREA: 41.05 acres, more or less DEVELOPMENT POTENTIAL: 4 single-family dwelling sites (2 automatically reserved by Seller for existing duplex on the property) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price,but not less than 2.33%(actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement("IPA")). Rate may not exceed 4.33%without approval of City Council. TERMS: Interest only,twice per year for 25 years,with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1)year following execution and delivery of the IPA. Virginia Beach APPLICANT'S NAM E- , 1b ,of+14� 3 1 (air\0167.datcia,,t1-wh 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 +0111•110111101.01MOONINNIMAIROMMINK OW 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 t=S; _nka ti- :�.. �, t, Page 1 of 5 VB ' 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. 16+e(A) List the Applicant's name: ,� ( ib 11 v If an LLC, list all member's names: --1b.- � 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 4* SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 5 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ cp Accounting and/or preparer of your tax return ❑ Architect / Landscape Architect / Land Planner Contract Purchaser (if other than ❑ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ Construction Contractors ❑ Engineers / Surveyors/Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers / ❑ Agents/Realtors for current and anticipated future sales of the subject property 4 e. SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. . ilf '_/, A -. IL-..._... .i., ILS 9► 6. . 164c-61-1- ' APP AN 'S GNATURE Vr1Ye...) PRINT NA i r f DATE / b.. , . T,eik b_wuNiurd--- vtitc, PROPE TY OW R'S SIGNATURE PRINT NAME ue�I DA E Page 5 of 5 U0 a Q m 2 o `O o O Q Z V 0. - 0 Q rillimilliiiill11111411111111111.111141111.1.111141111111.111111111111111111.1.11"11 , r-; ns i /pit 0,7"- CITY ,CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Ordinances to Designate Families of Autistic Children of Tidewater, Inc. and Utopia Feni, Inc. as Being Exempt from Local Property Taxation MEETING DATE: December 6, 2016 • Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. The City Council adopted a revised policy regarding applications for Tax Exemption by Designation on May 6, 2008. 1 AN ORDINANCE TO DESIGNATE FAMILIES OF AUTISTIC 2 CHILDREN OF TIDEWATER, INC. AS BEING EXEMPT 3 FROM REAL AND PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to Families of Autistic Children of 8 Tidewater, Inc.; 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach,Virginia,hereby designates Families of 14 Autistic Children of Tidewater, Inc.as a charitable organization within the context of§6(a)(6)of 15 Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 16 17 2. That real and personal property owned by Families of Autistic Children of Tidewater, 18 Inc. located within the City of Virginia Beach that is used exclusively for charitable purposes on a 19 nonprofit basis is hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property by Families of Autistic Children of Tidewater, Inc. 24 for exclusively charitable purposes; 25 26 (b) that each July 1, Families of Autistic Children of Tidewater, Inc. shall file with the 27 Commissioner of the Revenue a copy of its most recent federal income tax 28 return, or if no such return is required, it shall certify its continuing tax exempt 29 status to the Commissioner of the Revenue; 30 31 (c) that every three years, beginning on January 1, 2019, Families of Autistic 32 Children of Tidewater, Inc. shall file an exemption application with the 33 Commissioner of the Revenue as a requirement for retention of the exempt 34 status of the property; and 35 36 (d) that Families of Autistic Children of Tidewater, Inc. cooperate fully with the 37 Commissioner of the Revenue with respect to audit of its financial records and 38 compliance with the terms of this ordinance. 39 40 4. That the effective date of this exemption shall be January 1, 2017. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2016. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL FICI CY: ot -10 I Com issioner f t - "evenue Ci attorneys Office CA13665/R-1/October 12, 2016 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Families of Autistic Children in Tidewater 520 Viking Drive Virginia Beach,VA 23452 Website: http://camp4autism.com SUMMARY OF NONPROFIT BUSINESS ACTIVITY Families of Autistic Children in Tidewater(F.A.C.T.)mission is to improve the quality of life for individuals with autism and their families in the greater Hampton Roads,Virginia area. F.A.C.T. promotes the creation of social,recreational, and vocational programs designed to meet the unique needs of individuals with autism. F.A.C.T supports the integration of these individuals into the community by providing social and communication models, with emotional and behavioral supports. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $44,497.80 Tax: $1,780.63 RELEVANT INFORMATION IRS Granted 501 (c) 3 status—February, 2001 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application.. SECTION 1 / APPLICANT DISCLOSURE Organization name: VcurtV%� 45jckc-C\u\A'`e6SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO . SERVICE PROVIDER (use additional sheets if needed) �' Accounting and/or preparer of your tax return Financial Services(include n IDlending/banking institutions and current mortgage holders as. applicable) Legal Services fBroker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. pa -RtykAa_b . eAe 114119 APPLJCANT'S SIGNATURE PRINT NAME DATE 1 AN ORDINANCE TO DESIGNATE UTOPIA FENI, INC. AS 2 BEING EXEMPT FROM REAL AND PERSONAL PROPERTY 3 TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to Utopia Feni, Inc.; 8 9 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Utopia 13 Feni, Inc. as a charitable organization within the context of § 6(a)(6) of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Utopia Feni, Inc. located within the City of 17 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 18 exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Utopia Feni, Inc. for exclusively charitable 23 purposes; 24 25 (b) that each July 1, Utopia Feni, Inc. shall file with the Commissioner of the Revenue 26 a copy of its most recent federal income tax return, or if no such return is 27 required, it shall certify its continuing tax exempt status to the Commissioner of 28 the Revenue; 29 30 (c) that every three years, beginning on January 1, 2019, Utopia Feni, Inc. shall file 31 an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d)that Utopia Feni, Inc. cooperate fully with the Commissioner of the Revenue with 35 respect to audit of its financial records and compliance with the terms of this 36 ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2017. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2016. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL I 1 .Y: I / ' J Com issioner f t - "evenue -i y A •rney's Office CA13666/R-1/October 12, 2016 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Utopia Feni Inc 1314 Kempsville Road Virginia Beach,VA 23464 Website: http://utopiafeni.tumbir.com/ http://www.utopiafeni.com1 SUMMARY OF NONPROFIT BUSINESS ACTIVITY Utopia Feni Inc. is a non-profit organization who focus is to support the arts locally, inspire collaborations, and share the values of creativity with disadvantaged artists around the world. This is done by supporting local emerging artists and building an art program in Feni,Bangladesh. Utopia Feni Creative Studios hosts events such as art exhibitions, craft shows, and festivals as well as workshops, seminars, and classes. Their gift shop features local art and products from local businesses which specialize in hand crafted artwork, as well as international imports of cultural decor. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $2371.20 Tax: $94.85 Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—March 3, 2016 0 DISCLOSURE STATEMENT FOR. ..._ . �e __. _ _ - + The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE � Ir J ..Organization name _ l ?-t i 7 SECTIDN.. 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE `` PROVIDER(rise additional sheets if I needed) ri, Accounting and/or preparer of �. your tax return 1Financial Services (include 0 E 1 lending/banking institutions and current mortgage holders as ,a. •licable) 0! `. Legal Services D It Broker/Contractor/Engineer/Other Service Providers 1 i _ CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. t E1- fes— �sl-Pc-PL -vz I APP ICAN7'S SIGNATURE I l PRINT NAME 1 DATE • 4otiN�^•sic Original Proposal - •Cit Council PolicyY Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions:May 6,2008 Page 1 of 4 1.0 Purpose and Need - • Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, Iocal nonprofit organizations from real and personal property taxes. Need: City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to Council's policy adopted on February 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background: The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from local property taxes if used exclusively for religious, charitable, patriotic, historical, benevolent,cultural,or public park and playground purposes. However,as provided in Virginia Code §58.1-3651, the local governing body must adopt an ordinance to exempt the property. . 2.0 Policy The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements,the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax rear during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that will result from grantingtax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: • Tide: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3,2004 Dates of Revisions: May 6, 2008 Page 2 .of 4 • 1. The organization must be exempt from federal income tax pursuant to Internal Revenue Code § 501(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations (including but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from local property taxes by the City Council: 1. Upon obtaining exemption, the organization must annually submit (by July 1 of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organization must annually certify on form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501(c)status must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia Code§ 58.1-3605, each entity exempted from local property taxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records,compliance with the terms of this policy, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accomplish Policy 1. Organizations applying for exemption must request a determination from the Commissioner of the.Revenue as to whether the organization is or may be tax-exempt by classification, pursuant to Article 2 (§58.1-3606 et seq.) or°Article 3 058.1-3609 et seq.) of Title 58.1 of the Virginia Code. if the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code§58.1-3651), the organization will receive Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dares of Revisions:May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code §58.1-3651 and be approved as to form by the City Attorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October I of the year preceding the effective date of the exemption. Based on the criteria set forth in section 2.0 of this policy,the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under law and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The City Attorney shall prepare the necessary ordinances for City Council and coordinate with the City Clerk to ensure that the applications are properly advertised and placed on the City Council's agenda for a public hearing and formal consideration. 4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Code §58.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. • 5. Any exemptions granted shall be effective as of the next January L 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Responsibility and Authority Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption. Responsibility for making available information,application for exemption,verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for.the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with the City Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. Tide: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3,2004 Dates of Revisions:May 6,2008 Page 4 of 4 5.0 Definitions PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption. LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. 6.0 Specific Requirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0,respectively, documentation forwarded to the City Council shall include submission of an application form in form and substance substantially as presented in the attached Exhibit A,as well as any additional information that the applicant wishes to present to the City Council. F� I st •,, A CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to End the Declaration of Local Emergency MEETING DATE: December 6, 2016 • Background: State law authorizes the local director of emergency services to declare the existence of a local emergency. City Code § 2-411 provides that the City Manager is the City's Director of Emergency Management. On October 9, 2016, effective at 12:01 a.m., the City Manager issued a declaration of local emergency in response to the damage caused by Hurricane Matthew. The City Manager's declaration authorized City agencies to take all reasonable actions necessary to protect the health and safety of Virginia Beach citizens from the damaging effects of Hurricane Matthew as citizens continued to struggle with the devastating aftermath of the event. The City took appropriate action to address the emergency and to assist citizens affected by the damage and flooding in the weeks that followed. The City Manager recently concluded that the need for a local emergency ended on November 22, 2016, effective at 11:59 p.m., because all necessary emergency actions had been taken by that time. • Considerations: Virginia Code § 44-146.21 requires that the City Council confirm the declaration of local emergency, and they did so by adoption of an ordinance on November 1, 2106. The state law also provides that the City Council shall take appropriate action to end the declared emergency once all necessary emergency actions have been taken. This ordinance ends of the declaration of local emergency effective at 11:59 p.m. on November 22, 2016. • Public Information: This ordinance will be advertised in the same manner as other Council agenda items. • Attachments: Ordinance, Declaration of Local Emergency, Memorandum Regarding the End of the Local Emergency Recommended ' - •o • ;•proval City Manager: �orto 1 AN ORDINANCE TO END THE DECLARATION OF A 2 LOCAL EMERGENCY 3 4 WHEREAS, Virginia Code § 44-146.21 authorizes the local director of 5 emergency management to declare the existence of a local emergency, subject to 6 confirmation by the governing body; 7 8 WHEREAS, in conformity with the Commonwealth of Virginia Emergency 9 Services and Disaster Law of 2000 (Virginia Code § 44-146.13 et seq.), City Council, by 10 adoption of §§ 2-411 through 2-413 of the City Code, created the Office of Emergency 11 Management and appointed the City Manager as the Director of Emergency 12 Management; 13 14 WHEREAS, in response to the severe damage caused by Hurricane Matthew, 15 the City Manager, as the Director of Emergency Management, issued a Declaration of 16 Local Emergency on October 9, 2016, effective at 12:01a.m.; and 17 18 WHEREAS, on November 1, 2016, as required by Virginia Code § 44-146.21, the 19 City Council confirmed the Declaration of Local Emergency; 20 21 WHEREAS, the City took emergency actions to assist citizens affected by the 22 devastating aftermath of the event in the weeks that followed; and 23 24 WHEREAS, the City Manager has concluded that the City had taken all 25 necessary local emergency actions as of 11:59 p.m. on November 22, 2016. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 30 That, pursuant to Virginia Code § 44-146.21, the City Council hereby ends the 31 Declaration of Local Emergency effective at 11:59 p.m. on November 22, 2016. Adopted by the Council of the City of Virginia Beach on the day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Steven R. Cover Eliza th B. DeJarn e City Manager's Office City Attorney's Office CA13892 R-1 November 23, 2016 DECLARATION OF LOCAL EMERGENCY I. the undersigned, as City Manager and Director of Emergency Management for the City of Virginia Beach, find the imminent threat of hurricane generated winds and rain forecasted to cause coastal flooding and the very real possibility of tornadoes and power outages. along with the loss or interruption of vital City services posed by Hurricane Matthew to be of sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate any potential damage, loss, hardship or suffering. Therefore, pursuant to Code of Virginia § 44-146.21, as amended, I hereby declare the existence of a Local Emergency in the City of Virginia Beach beginning October 9, 2016 at 12:01 a.m.. In accordance with this Declaration. the Office of Emergency Management and all other appropriate City agencies are hereby vested with, and authorized to carry out, all powers,duties and functions prescribed by State a local laws, rules, regulations and plans as may be necessary to adequately and appropriately respond to said Local Emergency. # %/I k David L. Hansen, City Manager& Director of Emergency Management 2-C( (Date) 440‘141A• BEAc�S' Ok . ., z City of Virginia S each ,9ts Op10 OUR NANO VBgov.com OFFICE OF THE CITY MANAGER 2400 COURTHOUSE DRIVE (757)385-4242 VIRGINIA BEACH,VA 23456 INTER-OFFICE MEMORANDUM DATE: November 29, 2016 TO: Erin Sutton, Deputy Emergency Management Coordinator FROM: Dave Hansen, City Manar� SUBJECT: End of Local Emergency The City of Virginia Beach members have done a tremendous job throughout Hurricane Mathew and its aftermath. Although we have not finished all aspects of the long-term recovery process, all necessary local emergency actions have been taken as of November 22, 2016. Accordingly, I will ask City Council to approve an ordinance ending the declared local emergency effective at 11:59 p.m. on November 22, 2016. DH/ees i si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Appointing Gerald L. Harris to the Position of Associate City Attorney MEETING DATE: December 6, 2016 • Background: Section 2-166 of the City Code provides that "[t]he city council may, from time to time, upon recommendation of the city attorney, appoint such deputy and assistant city attorneys as it may deem necessary to serve at the pleasure of the city attorney." • Considerations: This Resolution appoints Gerald L. Harris as an Associate City Attorney, effective December 22, 2016. • Recommendations: It is recommended that City Council adopt the attached resolution. • Attachments: Resolution Recommended Action: Adopt Resolution Submitting Dep m- f • •ency: City Attorney 4�W:' City Manager: 1 A RESOLUTION APPOINTING GERALD L. HARRIS TO THE 2 POSITION OF ASSOCIATE CITY ATTORNEY 3 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That pursuant to § 2-166 of the City Code, Gerald L. Harris is hereby appointed to 8 the position of Associate City Attorney, effective December 22, 2016. 9 10 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 11 , 2016. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: Mark D. Stiles, City Attorney CA13889 R-1 November 16, 2016 ......„An..,., „c, ry H�.�7 yfro icy 3„ s„:.....„ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing a 5,573 Sq. Ft. Portion of an Unimproved Right-of-Way Known as Circle Lane MEETING DATE: December 6, 2016 • Background: On December 9, 2014, by Ordinance ORD-3387D, City Council approved the request by Thomas C. McKee and Lisa D. McKee (collectively, the "Applicant") to close an unimproved 5,573 Sq. Ft. (0.128 acre) portion of Circle Lane between Cedar Point Road and Hill Road. • Considerations: There were five conditions to the approval of the street closure: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. Said subdivision plat shall substantially conform to Exhibit A attached to the Ordinance, and must include the dedication of a 20-foot drainage easement within the right-of-way closure area, subject to the approval of the Department of Public Works and the City Attorney's Office, which easement shall include a reasonable right of ingress and egress. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The Applicant shall dedicate the necessary easements for any City utilities located within the right-of-way closure area, subject to the approval of the Department of Public Utilities and the City Attorney's Office, which easements shall include a reasonable right of ingress and egress. 4. The Applicant shall verify that no private utilities exist within the right-of- way proposed for closure. Preliminary comments from the utility companies and the City's utility agencies indicate there are or may be utilities, including a private water service line, within the right-of-way proposed for closure. If utilities do exist, easements satisfactory to the utility companies and/or the property owner benefitting from the private water service line must be provided. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way, this approval shall be considered null and void. On November 5, 2015, the Applicant requested additional time to satisfy the conditions set forth in Ordinance ORD-3387D. Staff concluded that the request for additional time was reasonable, and City Council approved the extension until June 8, 2016 by Ordinance ORD-3433F. While satisfying the conditions, a question arose as to the necessity of a 20' wide drainage easement as required by Condition 2. Staff re-evaluated this condition and determined that Condition 2 should be deleted and replaced with the following: 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. Said subdivision plat shall substantially conform to Exhibit A attached to the Ordinance, and must include the dedication of a 20 foot wide (or less, if a lesser width is deemed sufficient by the Department of Public Works) drainage easement within the right-of-way closure area, subject to the approval of the Department of Public Works and the City Attorney's Office, which easement shall include a reasonable right of ingress and egress. The plat must be submitted and approved for recordation prior to final street closure approval. On May 25, 2016, the Applicant requested additional time to satisfy the conditions set forth in Ordinance ORD-3378D, including modified Condition 2 stated herein. Staff concluded that granting another extension of time to satisfy the conditions, including modified Condition 2, is reasonable. On June 7, 2016, City Council approved the modification as stated herein and the extension until December 8, 2016 by Ordinance ORD-3452V. On October 24, 2016, the Applicant requested additional time to finalize the plat. All other conditions have been met. Staff concluded that granting this final extension of time to finalize the plat is reasonable. • Recommendations: Allow an extension of 6 months for satisfaction of the conditions. • Attachments: Ordinance Location Map Disclosure Statement Form Recommended Action: Approval. / / Submitting Dep•rime i Agency: Planning Department`V 4, City Manager: 119 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A 5,573 SQ. FT. 4 PORTION OF AN UNIMPROVED RIGHT-OF- 5 WAY KNOWN AS CIRCLE LANE 6 7 WHEREAS, on December 9, 2014, the Council of the City of Virginia Beach 8 acted upon the application of Thomas C. McKee and Lisa D. McKee (collectively, the 9 "Applicant"), for the closure of an unimproved 5,573 Sq. Ft. (0.128 acre) portion of Circle 10 Lane between Cedar Point Road and Hill Road; 11 12 WHEREAS, City Council adopted an Ordinance ORD-3387D to close the 13 aforesaid right-of-way, subject to certain conditions being met on or before December 8, 14 2015; 15 16 WHEREAS, on November 5, 2015, the Applicant requested an extension of time 17 to satisfy the conditions to the aforesaid street closure action and, by Ordinance ORD- 18 3433F, City Council approved the extension until June 8, 2016; 19 20 WHEREAS, while satisfying the conditions, a question arose as to the necessity 21 of a 20' wide drainage easement required in Condition 2 by Ordinance ORD-3387D; 22 23 WHEREAS, staff determined that Condition 2 should be modified to omit the 24 stated width of the drainage easement; 25 26 WHEREAS, on May 25, 2016, the Applicant requested an additional extension of 27 time to satisfy the conditions of the aforesaid street closure, including modified 28 Condition 2 as stated herein; 29 30 WHEREAS, on June 7, 2016, by Ordinance ORD-3452V, City Council approved 31 the modified Condition 2, and the extension until December 8, 2016; 32 33 WHEREAS, on October 24, 2106, the Applicant requested a final extension of 34 time to finalize the plat; and 35 36 WHEREAS, staff recommends that an additional six (6) month extension be 37 approved. 38 39 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 40 Beach, Virginia: 41 42 That the date for meeting Conditions 1, 3, 4 and 5 of the street closure, as 43 stated in the Ordinance adopted on December 9, 2014 (ORD-3387D), and 44 modified Condition 2, as stated in the Ordinance adopted on June 7, 2016 (ORD- 45 3452V), is extended to June 8, 2017. 46 Adopted by the Council of the City of Virginia Beach, Virginia, on this 47 day of , 2016. 48 49 GPIN: Right-of-way/ No GPIN assigned 50 Adjacent to GPINs: 2418-67-2070 and 2418-67-2141 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: / .1 „, 9 / zi/ , ► City Attorney anning Department CA13855 \\vbgov.com\DFS 1Wpplications\CityLawProd\cycom32\W pdocs\D012\P016\00060960.DOC R-1 November 23, 2016 2 2 4aa a to 410 C _._ lbV . .. _.. . E Vill ': T Q. U'0 4 C.) to) INK3d 1433 t0) I Q f s t1 b t # 1 ,,,, .,W 4 CZ 4 E : I 44044,, C, Slue w� ; t a. J i g vw o 133L#.LS IIIH -11 e Ii () ....;.' - Ce uj(ji m 1 U Virginia-Reach APPLICANT'S NAME_''" _ r1 - . DISCLOSURE STATEMENT FO , M_ The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDI P) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any 1 Page 1 of 5 Planning Commission and City Council meeting that pertains to the application(s). 0 APPLICANT NOTIFIED OF HEARING DATE: ❑ NO CHANGES AS OF DATE: 0 REVISIONS SUBMITTED DATE 4 , Y 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 organa ' n. c L1)(A) List the Applicant's name:_ Di tY4_ . If an LLC, list all member's names: i If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 4 41 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. [d 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. t (A) List the Property Owner's nam : ' lC r " `h i /14-t)6 If an LLC, list the member's names: Page 2 of 5 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "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 close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code§ 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 Cm qr. Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ yr Accounting and/or preparer of your tax return ❑ Ei Architect/Landscape Architect/ Land Planner ElContract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ d purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ d Construction C. I ractors ❑ En ' e s / Surveyors 'gents 1 � 416 Fing (inc ude current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) / ' El Legal Services jb11 y :> S dReal 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 E.y ' ❑ an interest in the subject land or any proposed development Elf 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? L V- m C;1(, 5 1 Cid - A _ /Jul-t) wi' 71;bizic \c,A;tvk . Page 4 of 5 thraf 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, i eeti • of any public body or committee in connection with this 11, ,7-#4/5 k. /a'--- 72/"1"4 AP' ' T'S 'IG 1 AME D E J . '& . N /�" • S NAME Page 5 of 5 004 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Ap lication. , J c-it. A./11c/cc, hs,p. (.Gret. 11— - --1(.2 APP CANTS SIGNATUR PRINT NAME DATE (c- // f'� _ (A S� fl - ii: ,t7 0 ERTY OWNER I NATURE PRINT NAM DATE Page 5 of 5 LI CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City Property Known as Boat Basin and Drainage Areas of Chesopeian Colony, Adjacent to 644 Chesopeian Trail MEETING DATE: December 6, 2016 • Background: Benjamin S. McCarty and Samantha Jo Sturgeon desire to remove the existing wood pier and bulkhead and to construct and maintain a proposed 10' x 14' wood dock and a 5' x 46' wood pier, a boat lift and a 66-LF rip-rap revetment in a portion of City Property known as Boat Basin and Drainage Areas of Chesopeian Colony, adjacent to 644 Chesopeian Trail. • Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Chesopeian Colony, which is where Benjamin S. McCarty and Samantha Jo Sturgeon have requested to encroach. The exhibit shows the extended lot line of the adjacent property (Lot 82) bisecting the proposed pier, and accordingly, the City has received a written acknowledgment by the owner of Lot 82 stating an awareness of the pier and no objection to the proposed encroachment. In accordance with the recommendations of City Council to help address water quality protection in conjunction with temporary encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environmental Management Center. Staff is of the professional opinion that the establishment of a 15-foot-wide vegetated riparian buffer area consisting of a mixture of shrubs and perennial plants in a mulched bed running the entirety of the shoreline adjoining the applicants' property is feasible and warranted to help reduce long term water quality impacts associated with the existing and proposed encroachments. The applicants have submitted a plan for establishing a 15-foot-wide vegetated riparian buffer that has been reviewed and approved by the Department of Planning/Environmental Management Center. • 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: Picture, Location Map, Disclosure Statement, Agreement, Letter from Adjacent Property Owner, Ordinance and Plat Recommended Action: Approval of the ordinance. 11 Submitting Dep. . 4,- • :gency: Public Works/Real Estate I'A) City Manager: ��k 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS BOAT 7 BASIN AND DRAINAGE AREAS OF 8 CHESOPEIAN COLONY, ADJACENT 9 TO 644 CHESOPEIAN TRAIL 10 11 WHEREAS, Benjamin S. McCarty and Samantha Jo Sturgeon desire to 12 remove the existing wood pier and bulkhead and to construct and maintain a proposed 10' 13 x 14' wood dock and a 5' x 46' wood pier, a boat lift and a 66-LF rip-rap revetment in a 14 portion of City property known as Boat Basin and Drainage Areas of Chesopeian Colony, 15 adjacent to 644 Chesopeian Trail, in the City of Virginia Beach, Virginia; and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Benjamin S. McCarty and 26 Samantha Jo Sturgeon, their heirs, assigns and successors in title are authorized to 27 remove the existing wood pier and bulkhead and to construct and maintain a proposed 10' 28 x 14' wood dock and a 5' x 46' wood pier, a boat lift and a 66-LF rip-rap revetment in a 29 portion of existing City property as shown on the exhibit entitled: "ENCROACHMENT 30 EXHIBIT Application by: Mr. Benjamin McCarty 644 Chesopeian Trail, Virginia Beach, VA 31 23452", dated 02/11/2016, Scale 1"=40' prepared by WPL Landscape Architecture Land 32 Surveyors Civil Engineers, a copy of which is attached hereto as Exhibit"A", and on file in 33 the Department of Public Works and to which reference is made for a more particular 34 description; 35 36 BE IT FURTHER ORDAINED, that the temporary encroachments are 37 expressly subject to those terms, conditions and criteria contained in the Agreement 38 between the City of Virginia Beach and Benjamin S. McCarty and Samantha Jo Sturgeon 39 (the "Agreement"), an unexecuted copy of which has been presented to the Council in its 40 agenda, and will be recorded among the records of the Clerk's Office of the Circuit Court of 41 the City of Virginia Beach; 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized 44 designee is hereby authorized to execute the Agreement; and 1 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as Benjamin S. McCarty and Samantha Jo Sturgeon and the City Manager or his 47 authorized designee execute the Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 50 day of , 2016. CA13607 R-1 PREPARED: 11/9/16 \\vbgov.com\dfsl\applications\citylawprod\cycom32\wpdocs\d031\p012\00330096.doc APPROVED AS TO CONTENT: APPROVED A 0 LEGAL SUFFI NC • ND FORM: PUBLIC WORKS, REAL ES TE 1.71".7--- Pr'' YER \110-N.) SEN e ' CI Y ATTORNEY 2 L YNNHA VEN RIVER tioov - (�EMD frR 5124TT B PI MIME) #0.311 op,_ EX EX EDGE OF WATER4çj/I SURVE S`30'5622" E ; RIC ARNER 0-4 �' !�, EX WOOD • �--� Inc. . 2904 I-4,7-A,,j�ST BULKHEAD '�y� c'� til Lk, 20 e. 03/07/2016 �o�q� ` ,� ti� cv N o 9,4,E O v �%99� o$,i4_ P SUR ', * SITE DATA: '`� 1. GPIN: 1497-59-7123 PIN FOUND V Q O 2. THIS SURVEY OF LOT 83-A, RESUBDIVISION 01 S 30'56'22" E OF LOT 83, & A STRIP OF LAND 20 FEET IN 1.• WIDTH AND CONSTITUTING THE SOUTHEASTERN LOT-82 AY PORTION OF LOT 84, SUBDMSION OF CHESOPEIAN COLONY, SECTION TWO M.B. GPIN: 1497-59-7274 q41, PG. 22) (D.B. 1038, PG. 64), PLAT ( IN. 200407150108416) LOT 83-A RECORDED AS IN. 20120928001132060 AT THE CLERK'S OCE OF THE CIRCUIT COURT % O OFFICE OF THE CITY OF VIRGINIA BEACH, VIRGINIA ,'•• LS WAS COMPLETED UNDER THE DIRECT AND ,y4) ^#11:, N RESPONSIBLE CHARGE OF, ERIC A. GARNER RGIA LICENSE LANDY 3 AANN ACCTUAL GROUND SURVEY MADE) FROM ^) UNDER A MY SUPERVISION; THAT THE ORIGINAL DATA QD WAS OBTAINED ON SEPTEMBER 10, 2014. O 01 h El / '' PART OF LOT-84 AND #644 PART OF LOT-85 GPIN: 1497-69-0244 1-STORY BRICK (IN. 200302040015590) AND FRAME (D.B. 2393, PG. 1380) (D.B. 1120, PG. 289) 9 y (M.B. 259, PG. 43) d • � o R=250.00' 12.2 6. 1b CI _ - A=6.49' sH00#/ �*9`, 104.36' R �� c*F 44)," N 30'56'22" W 113.51' Ate) A=14.03'0Q0 0 CHESOPEIANoo TRAIL (50R/W) PLAN (M.B. 41, PG. 22) SCALE: 1%40' PURPOSE: SHOREUNE STABILAZAT1ON & ACCESS = ENCROACHMENT EXHIBIT DATUM: NAVD 1988 = APPLICATION BY: MR. BENJAMIN McCARTY ADJACENT PROPERTY OWNERS: ,_ 644 CHESOPEIAN TRAIL 1 PAUL C. CHO & DANA W. CHO \�— �_ = VIRGINIA BEACH, VA 23452 do 2 JENNIFER CAMPBELL KATHANNA C. DAVIS �.1041 DATE: 02/11/2016 Lend Surmom oprrm. PLAT: C-1519 F.B./PG.: N/A nriiitkeirswe ifek w n SHEET 1 OF 2 WPL# 214-0334 Ast'LTH OF, r , L YNNHA VEN RIVER - Ric . ARNER►.. (RESERVED FOR BOAT BASIN & DRAINAGE) .. Lie. . 2904 PROPOSED WOOD DOCK (10'x14) 03/07/Z016 FLOOD & WOOD PIER (5X46) e PROPOSED BOAT lip. 0 O UFT SURA --g-i:---18/3 ] \ 28.8, \ PROPOSED 25.9' 11 I RIP-RAP h (66-IF) r"'E'G +41 4, — EX EDGE OF WATER- �!� * � F (BY SURVEY) $�' F 99 s 5.0' i,4 20.4' ti ii• i• V S 30'56'22" E C. EX WOOD Ai i .h "WAV, 20.00' D BULKHEAD - % 4.,r LOT-82 (o. • �. �I ������. ao El GPIN: 1497-59-7274 ry� �I 44' ���„_4•,,,-40, PROPOSED O PART OF LOT-84 AND �� �► �� �� 15' R/PARG4N O (IN. 200407150108416) ,/��,��,��o N ��,����,��� BUFFER N GPIN: 1497-69-0244 OT- 5 4.��,c w ��, , AREA 3 (IN. 200302040015590) N :h O : (D.B. 2393, PG. 1380) 0 00'h co (D.B. 1120, PG. 289) REMOVE EXIST/NGV o) ,.) (M.B. 259, PG. 43) FAILED WOOD P/ER O O '• do BULKHEAD p_ ry . InC o y 30.00' +0) S 30'56 22” E ..° h ��' LOT 8$A PLAN SCALE: r=20' PURPOSE SHOREUNE STABILIZATION & ACCESS = ENCROACHMENT EXHIBIT DATUM: NAVD 1988 E E APPLICATION BY: MR. BENJAMIN McCARTY ADJACENT PROPERTY OWNERS: -_- = 644 CHESOPEIAN TRAIL Al._--- 1 PAUL C. CHO & DANA W. CHO _ = VIRGINIA BEACH, VA 23452 12 JENNIFER CAMPBELL & KATHANNA C. DAVIS caps Whets 7f/ '� DATE: 02/11/2016 LondLaid Simon .flees PLAT: C-1519 F.B./PG.: N/A s,I.w`g w 23a SHEET 2 OF 2 WPL# 214-0334 644 Chesopeian Trail ...„----XN‘ \ NN+LS SITE Z H09 N CO 1497-59-7123 I 1 I tic o 2.0 o/x/'vLE-rR y O Encroachment Request For Benjamin S. McCarty and Legend 00' Samantha Jo Sturgeon ® - 1497-59-7123 0' ' GPIN 1497-59-7123Feet [ �City Properties C,‘4 0 75 150 300 Prepared by P W/Erg/Eng.Support Services Bureau 06.'02/2015 X\GADD\Projecls\ARC Frles'AGENDA MAPS 114 86-92-92850486-92 9285 mad + ::, i C 2, ;. �' ze 1k 7 ' . Lk t _ ' III't 11 t r At lir i0 1 rt'46 d .f iik — a.._7 �---- e i i I .14��'V. °,. I Rear of 644 Chesopeian Trail GPIN: 1497-59-7123 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made thiscP.S day of C, -r \- ,,,_ , 2016, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and Benjamin S. MCCARTY and Samantha Jo STURGEON, 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, numbered and described as "83-A" as shown on that certain plat entitled: RESUBDIVISION OF LOT 83 & A STRIP OF LAND 20 FEET IN WIDTH AND CONSTITUTING THE SOUTHEASTERN PORTION OF LOT 84, SUBDIVISION OF CHESOPEIAN COLONY — SECTION TWO — (M.B. 41, P. 22) (D.B.1038, P.64), VIRGINIA BEACH, VIRGINIA" dated July 20, 2012 and prepared by WPL Landscape Architecture Land Surveying Engineering which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20120928001132060, and being further designated, known, and described as 644 Chesopeian Trail, Virginia Beach, Virginia 23452; GPIN 1497-47-3785: City Property known as Boat Basin and Drainage Areas of Chesopeian Colony GPIN: 1497-59-7123 - 644 Chesopeian Trail, Virginia Beach, VA 23452 WHEREAS, it is proposed by the Grantee to remove the existing wood pier and bulkhead and to construct and maintain a proposed 10' x 14' wood dock and a 5' x 46' wood pier, a boat lift and a 66-LF rip-rap revetment, (collectively, 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 an existing City property known as The Boat Basin and Drainage Areas of Chesopeian Colony, "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "ENCROACHMENT EXHIBIT Application by: Mr. Benjamin McCarty 644 Chesopeian Trail, Virginia Beach, VA 23452, dated 02/11/2016, Scale 1"=40 prepared by WPL Landscape Architecture Land Surveyors Civil Engineers, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 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 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 from the shoreline, shall run the entire length of the shoreline, and shall 3 consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Environment and Sustainability Division of the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 4 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, Benjamin S. McCarty and Samantha Jo Sturgeon, 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 its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2016, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2016, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 By: d6- / Benjamin S. McCarty, Owner -• BytitAAvAfir ' U .' , � • ipSamantha Jo u eon, 0 er STATE OF CITY/COUNTY OF 4;,),,,,, k4«k , to-wit: The foregoing instrument was acknowledged before me this zs r'sday of QJvbt ' , 2016, by Benjamin S. McCarty. (SEAL) NoTb"--kovixioia-4. Publicua 1 Cori .rn.is, d a.-4 J Notary Registration Number: Z(.0s`Z7l• My Commission Expires: /z/3, /i , STATE OF CITY/COUNTY OF V iri�;„,;., )3,4,k , to-wit: The foregoing instrument was acknowledged before me this zd'' day of 66,h imr , 2016, by Samantha Jo Sturgeon. °` 1u-A- (SEAL) Not ry Public . d4>z ' ,Dea,3.orta C-4-9 Notary Registration Number: zt37Ce My Commission Expires: /z/s//, • 7 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL S ICIENCY AND FORM c)--),„,,„kQyN4_ SIGNATURE `' ! 34.7 ' . AR EVER, PUBLIC WORKS/ REAL ESTATE SE. 4 R CITY ATTORNEY DATE 8 L YNNHA VEN RIVER�� T (ten F 8044T WOOD PI � i---- . FI op, EX EDGEOSUWATER , p c_ \ ° \ ids f'�G1 y, �_ �\lk S 30'5 22" £ RIC ARNER `� DC WOOD 2904 �'YF'QDi,�'�'ly LAI. r BULKHEAD '�j.� �`� R 20 0 U 03/07/101 4. 6 *1-45.,?- 424/44,- o„ % ul o0 . N r) iz, d UR ' 0 �, h SITE DATA: 1. GPIN: 1497-59-7123 • PIN FOUND V 0 o 2. THIS SURVEY OF LOT 83-A, RESUBDIVISION 0 b S 30'56122e E OF LOT 83, & A STRIP OF LAND 20 FEET IN LOT-82 WIDTH AND CONSTITUTING THE SOUTHEASTERN ry ' PORTION OF LOT 84, SUBDMSION OF GPIN: 1497-59-7274 CHESOPEIAN COLONY, SECTION TWO, (M.B. (IN. 200407150108416), LOT 88-A 41, PG. 22) (D.B. 1038, PG. 64), PEAT RECORDED AS IN. 20120928001132060 AT + q THE CLERK'S OFFICE OF THE CIRCUIT COURT •►• ) 0 OF THE CITY OF VIRGINIA BEACH, VIRGINIA k 0 WAS COMPLETED UNDER THE DIRECT AND AiPN RESPONSIBLE CHARGE OF, ERIC GARNER 41AY (VIRGINIA LICENSE LAND SURVEYOR) FROM ,Oj 3 AN ACTUAL GROUND SURVEY MADE UNDER MY SUPERVISION; THAT THE ORIGINAL DATA WAS OBTAINED ON SEPTEMBER 10, 2014. / O Ch In 0 2 ili1111711111.1111 y PART OF LOT-84 AND PART OF LOT-85 1-STORY BRICK GPIN: 1497-69-0244 AND FRAME (IN. 200302040015590) 1644 (D.B. 2393, PG. 1380) D.B. 120, PG. '�`� '9� ((M.B.1259, PG. 43)) 0 ��s N O o • R=250.00' 1? s� 104.36' 6. ��: � _ 0 o N 30'5622” W 113.51' Ace R=14.03' 0 t�HES'OPE/AN ���TR TRAIL (50' R/W) PLAN (M.B. 41, PG. 22) SCALE: 11'1=40' PURPOSE SHORELINE STABILAZATION & ACCESS ENCROACHMENT EXHIBIT ;OJAPDATUM: NT VDPR 1988I_ APPLICATION BY: MR. BENJAMIN McCARTY AEIuVT PROPERTY OY�DANA W. CHO — 644 CHESOPEUW TRAIL 2 JENNIFER CAMPBELL & KATHANNA C. DAVIS `� Ir. = VIRGINIA BEACH. VA 23452 ,�d„�, _. , DATE: 02/11/2016 DA Won Wine PLAT: C-1519 F.B./PG.: N/A mows%11400*.w to SHEET 1 OF 2 WPL# 214-0334 # m Opp PA L YNNHA VEN RIVER • RIC . ARNER0-4 (RESERVED FOR BOAT BASIN & DRAINAGE) ' oa- PROPOSED WOOD DOCK (10'x14) Lic. . 2904 FLOOD & WOOD PIER (5)(46) ,l 03/07/2016 PROPOSED B04T `i1�. �� f-m—r-f138 ] 1 f . \ LIFT SURy 28.8' \ RIP-RAP ` PROPOSED 25.9 . _ I REVETMENT j Gi, (66-IF) qy�o tiny s i l ':.,,', 2 ' O 'er EX EDGE OF WATER- 11 (BY SURVEY) ,�•, 191/71 F 5.0' / ;�ii,. OR j% '3� f�k 20.4' ' P ti .. - �.. ♦�` S 3058'22' £ k) w. ♦ O EX WOOD 20.00' 1 BULKHEAD �•r ♦I♦ GPIN: 1497-59-7274 ♦ �� -��� `►�♦��♦�♦♦' QD El Zt 200407150108416) ry ♦♦ � '♦� ♦♦ PROPOSED O P(IN. - �� �.. ♦ 15 ART OF LOT 84 AND „4.,404v, 4v 4$, i°�♦ ♦ ♦� BUFFER h PART OF LOT-85 �# 5 v Lu AREA N GPIN: 1497-69-0244 - w o� 3 (IN. 200302040015590) m p it (D.B. 2393, PG. 1380) REMOVE ERISA p b (D.B. 1120, PG. 289) FAILED WOOD PIER o, h .1 (M.B. 259, PG. 43) & BULKHEAD C h ry' o z h Cl)4 30.00' • S 30156122. £ ' ,,.0' .,h a LOT 83-A PLAN SCALE: 1-=20' PURPOSE SHORELINE STABILAZATION & ACCESS = DATUM: NAW 1988 = ENCROACHMENT EXHIBIT ADJACENT PROPERTY OWNERS: _ APPLICATION BY: MR. BENJAMIN McCARTY 1 PAUL C. CHODANA W. CHO ' _ 644 CHESOPEIAVA TRAIL & 2 JENNIFER CAMPBELL & KATHANW4 C. DAVIS VIRGINIA BEACH. VA 23452 r- DATE: 02/11/2016 cm r oft. PLAT: C-1519 F.B./PG.: N/A sa 66,04 sr 4'dm w tsa SHEET 2 OF 2 WPL# 214-0334 July 26,2016 To Whom it may concern at City of Virginia Beach: The pier being constructed on the property of Ben McCarty extends out and intercepts a shared lot line with the property of Paul Cho.Both Ben McCarty and Paul Cho are aware of this,and there is no contest to the pier being constructed. A4iilpr> p0filfb/ o ocr'i s) /6 Date7/27/ Paul Cho 648 Chesopeian Trail 1 NIB Virginia Beach APPLICANT'S NAME Benjamin McCarty &lean 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 EDS , Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 4 The disclosures contained in this 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 di.c!uscres must be u,^aated tt,o(2)weeks prior to anv Page 1 of 7 Planning Commission r.nd Clty Cru,ncll inuring that pertains to the"ppiicatior.'s). 0 APPLICANT NOT':ICD CF IiE?RING DAI E: Ezr NO CHANGES AS OF 1'141E: uhf/16 CS Cel DP) 0 REVISIONS SUWITT ED _ DA I E: N13-, Virginia Beach Check here if the APPUCANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Benjamin 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) n/a (B) List the businesses that have a parent-subsidiary 1 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 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name:Benjamin McCarty 5�., , }t►d. sty(It..vs If an LLC, list the member's names: Page 2 of 7 3 (U Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list If necessary) n/a (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) n/a 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 aoplication 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 r.a., APPLICANT V"uginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) Accounting and/or preparer of your tax return 0 ® Architect/ Landscape Architect/ Land Planner Contract Purchaser(jf other than a ® 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) DConstruction Contractors Ray Polhamus 46, El Engineers/Surveyors/Agents WPL Financing (include current ❑ „ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / =' Agents/Realtors for current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ' an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 „m,, B Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A ' ation. Benjamin McCarty 03/02/2016 (APPyICANTS SIGNA • d PRINT NAME DATE ` 'c` r•:caC)' Sr.ww.tiFbv. Srwy4.o.n Ir Page 5 of 7 VIA OWNER Virginia Beach YES NO SERVICE PROVIDER (mesa additional sheets if needed) Accounting and/or preparer of your tax return Architect/Landscape Architect / Land Planner ❑ Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed r rj purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Ray Polhamus ® LI Engineers /Surveyors/Agents WPL Financing (include current ❑ -r mortgage holders and lenders r410 selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / ® Agents/Realtors for current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have o ® 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 Vagina 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. Benjamin McCarty 03/02/201 RTY OWNER'S SIGNATURE PRINT NAME DATE U • Page 7 of 7 (6-L;'..1t1' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Fund Balance of the Police Federal/State Seized Assets Special Revenue Fund for Police Equipment MEETING DATE: December 6, 2016 • Background: The Police Department requests the use of $132,500 from the fund balance of the Police State/Federal Seized Fund. Through the use of these funds, the department will replace current evidence lockers with new keyless lockers, one which includes refrigeration, to increase security. Additional security cameras and door entry mechanisms will be installed to increase coverage in priority areas of Police Headquarters. There is a need in Property and Evidence to vent various fumes and odors. An automated visitor management system will be installed to replace the current manual process in all police facilities. The camera system on a mobile trailer will be replaced. Cost estimates to complete this work is included in the summary below: • Purchase and install new keyless evidence lockers at Police Headquarters and two Police Precincts ($30,000) • Purchase an automated visitor management system for police facilities ($21,000) • Install additional security cameras at Police Headquarters ($53,000) • Install additional door security mechanisms at Police Headquarters ($14,000) • Upgrade the camera system on a mobile trailer($11,000) • Purchase a ductless fume hood for Property and Evidence ($3,500) • Considerations: There is sufficient fund balance in the Police Federal/State Seized Assets Special Revenue Fund to cover this cost. According to the Department of Justice, these funds are to be used to provide law enforcement agencies monetary resources to assist in accomplishing their mission, and cannot be used to supplant local funding. • Public Information: Public information would be made available through the normal Council Agenda process. • Recommendation: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting De: • nt/Ag- i cy: Police Department City Manager: p� 1 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF 2 THE POLICE FEDERAL/STATE SEIZED ASSETS SPECIAL 3 REVENUE FUND FOR POLICE EQUIPMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That$132,500 is hereby appropriated from the Fund Balance of the Federal/State 9 Seized Assets Special Revenue Fund, with specific Fund Reserve Revenue increased 10 accordingly, to the FY 2016-17 Police Department Operating Budget for police equipment 11 including evidence lockers, a visitor management system, a fume hood, and security 12 cameras and other security equipment. 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: Ze./- evin Chatellier D. . meyer Budget and Management Services City Attorney's Office CA13890 R-1 November 16, 2016 J. PLANNING I. IVY LEAGUE ACADEMY and VIRGINIA BEACH FIRST CHURCH OF THE NAZARENE for Modification of Conditions to increase enrollment and expand the hours at a private school at 4413 Wishart Road(approved September 15, 2015) DISTRICT 4-BAYSIDE RECOMMENDATION: APPROVAL 2. THALIA ACRES,LLC for a Conditional Usc Permit re a non-commercial marina at Steinhilbers,653 Thalia Road DISTRICT 5-LYNNHAVEN RECOMMENDATION: APPROVAL I ERICA DANCEL and RAMON MEJIA for a Conditional Use Permit re a family day-care at 2749 Mulberry Loop DISTRICT 3-ROSE HALL RECOMMENDATION: APPROVAL 4. WILLIAM E.and EILEEN T.BYMAN and GREGORY and ANN CHAMBERLAIN for a Conditional Use Permit re a community pier at 824 and 828 St.Martin Drive DISTRICT 4-BAYSIDE RECOMMENDATION: APPROVAL 5. DISCIPLESHIP TABERNACLE HOLLAND LAKES ASSOCIATES,LLC for a Conditional Use Permit re religious use in a Shopping Center at 3478 Holland Road DISTRICT 3- ROSE HALL RECOMMENDATION: APPROVAL 6. SANDBRIDGE TATTOO and GENERAL BOOTH PROPERTIES OF VA BEACH,INC. for a Conditional Use Permit re a tattoo parlor at 2336 Elson Green Avenue DISTRICT 7 PRINCESS ANNE RECOMMENDATION: APPROVAL 7. VIRGINIA MUSEUM OF CONTEMPORARY ART(MOCA) and CITY OF VIRGINIA BEACH for a Conditional Use Permit re outdoor cultural and fund-raising events at 2200 Parks Avenue DISTRICT 6-BEACH RECOMMENDATION: APPROVAL 8. MCQ BUILDERS,LLC,ANNIE JONES HARRIS,JAMES C.and CATHERINE HARRIS and HOLLIS ROAD ASSOCIATES,LLC rea Conditional Change of Zoning from R-I0 Residential to Conditional PD-H2 and A-72 Apartment re twenty-nine(29)units at 4732,4712,4708 and 4704 Indian River Road DISTRICT 1 -CENTERVILLE RECOMMENDATION: STAFF-DENIAL PLANNING COMMISSION-APPROVAL 9. CITY OF VIRGINIA BEACH re a Change of Zoning from A-12 Apartment and A-1g Apartment to P-I Preservation District re public park at 120 Marshview Drive DISTRICT 6-BEACH RECOMMENDATION: APPROVAL 10. Ordinances to AMEND the City Zoning Ordinance: a. Section 235 re Signage for Housing for Seniors and Disabled Persons b. Section 1 1 1,401,501 and 1110 re Residential Care for Seniors c. Section 1110 re Residential Care for Seniors d. Section III re Definition of Major Entertainment Venue 4r1 '°t4CSNOTICE OF PUBLIC HEARING 4 :- , 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.Munic- ipal Center,Virginia Beach.Virginia,on Tuesday,December 6,2016 at 6:00 p.m.,at which time the following applications will be heard: DISTRICT 1—BEACH DISTRICT 3—ROSE HALL City of Virginia Beach[Applicant/Owner] Discipleship Tabernacle[Applicant]Holland Change of Zoninp (A-I 2 Apartment & Lakes Associates.LLC[Owner]Condition- A-18 Apartment to P-1 Preservation) 120 al Use Permit(Religious Use)3478 Holland Marshview Drive (GPINs 2417638556, Road(GPIN 1486737186) 2417731546, 2417638455, 2417730186, 2417734027, 2417721866. 2417724866, DISTRICT 7—PRINCESS ANNE 2417820890, 2417625690. 2417629740, Sandbridge Tattoo [Applicant] Gen- 2417724771. 2417729577, 2417625475, era) Booth Properties of VA Beach. Inc. 2417628462, 2417724423, 2417729477, [Owner] Conditional Use Permit (Tattoo 2417625179, 2417628177. 2417724128, Parlor) 2336 Elson Green Avenue (GPIN 2417729178. 2417615907. 2417618978, 2414245920) 2417715918, 2417617659. 2417713734, 2417714742, 2417714942. 2417719838, DISTRICT 6—BEACH 2417810879, 2417811611. 2417812549. Virginia Museum of Contemporary Art 2417813504, 2417813407. 2417818250, (M(C:A)[Applicant]City of Virginia Beach 2417817439, 2417817518. 2417816663, [Owner]Conditional Use Permit(Outdoor 2417736469. 2417621142, .24178(1567, Recreation Facility) 2200 Parks Avenue 2417816320, 2417817377. 2417815865, (GPIN 2417880355) 2417816078,2417624483.2417624681) CITY OF VIRGINIA BEACH—An Ordi- DISTRICT 4—BAYSIDE Hance to Amend Section 1 1 1 of the City Zon- Ivy league Academy [Applicant] Virginia ing Ordinance pertaining to the Definition of Beach First Church of the Nazarene[Owner] Major Entertainment Venue Modification of Conditions(Private School) 4413 Wishart Road(GPIN 1478666381) CITY OF VIRGINIA BEACH—An Ordi- nance to Amend Section 235 of the City DISTRICT 5—LYNNHAVEN Zoning Ordinance pertaining to Signage for Thalia Acres,LLC[Applicant/Owner]Con- Housing for Seniors and Disabled Persons ditional Use Permit(Non-Commercial Ma- rina)653 Thalia Road(GPIN 1478900018) CITY OF VIRGINIA BEACH—An Ordi- nance to Amend Section 1 1 10 of the City DISTRICT 3—ROSE HALL Zoning Ordinance pertaining to Residential Erica Dancel&Ramon Mejia[Applicants] Care for Seniors Ramon Mejia[Property Owner]Conditional Use Permit(Family Day-Care Home)2749 CITY OF VIRGINIA BEACH—An Ordi- Mulberry Loop(GPIN 2405213613) nance to amend Section 11 I,401,501 and 1110 of the City Zoning Ordinance pertain- DISTRICT I—CENTERVILLE ing to Residential Care for Seniors. McQ Builders.LLC[Applicant]Annie Jones Harris.James C. Harris& Catherine Har- All interested parties are invited to attend. ris.Hollis Road Associates.LLC[Owners] Conditional Rezoning (R-I0 Residential Ruth Hodges Fraser.MMC to Conditional PD-H2 (A-12 Apartment) City Clerk 4732. 4712. 4708 & 4704 Indian River Road (GPINs 1474090407. 1474090287, Copies of the proposed ordinances.resolu- 1474091138&1474092019)Comprehensive tions and amendments are on file and may Plan:Suburban Area.Proposal for 29 units be examined in the Department of Planning (density of 6.64 units per acre). or online at http;//www.vbgov,com/pc. For information call 385-4621. DISTRICT 4—BAYSIDE William E.&Eileen T.Bynum and Gregory If you are physically disabled or visually & Ann Chamberlain [Applicants & Own- impaired and need assistance at this tneet- ers] Conditional Use Permit (Community ing.please call the CITY CLERK'S OF- Pier)824 & 828 St. Martin Drive (GPINs FICE at 385.4303. 1478838169,1478838016) BEACON:NOV 24.2016 h DEC I,21116 , LJ - \ {Yr.r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: IVY LEAGUE ACADEMY [Applicant] VIRGINIA BEACH FIRST CHURCH OF THE NAZARENE [Property Owner] Modification of Conditions 4413 Wishart Road (GPIN 1478666381). COUNCIL DISTRICT— BAYSIDE MEETING DATE: December 6, 2016 • Background: In 2015, Conditional Use Permit for a Private School within the existing church on the property was approved by the City Council. Conditions of approval limited the enrollment to 150 students and the hours of operation to Monday through Friday, 7:30 a.m. to 5:30 p.m. Due to the success of the school, the applicant is requesting to modify the Conditional Use Permit to increase the enrollment to 200 students and to expand the hours of operation from 7:00 a.m. to 6:00 p.m., Monday through Friday. • Considerations: The request to expand the school's enrollment and the hours of operation, in Staff's opinion, is appropriate for the site and is compatible with the surrounding land uses. The existing site layout is ideal for traffic circulation and has sufficient parking to accommodate the school's expansion. 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. 1. A maximum of 200 students, or as otherwise determined by the Building Official's office, shall be permitted to enroll each year. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Actio • - .• mends Approval. Planning Commission recommends Approval. Ivy League Academy Page 2 of 2 p Submitting Department/Agency: Planning Departmen�lrj City Manager: Applicant Ivy League Academy Agenda Item Property Owner Virginia Beach First Church Of The Nazarene Public Hearing October 12, 2016 6 ,,, City Council Election District Bayside Virginia Beach Request g Modification of Conditions (Conditional Use .`�• s Permit approved by City Council on September - sF 15, 2015 for a private school) 6°4 e ' ��sWay ow+. 3 °'&„ ,sb u•, :91,,,,,.." �` #:° Staff Planner `�� , T`1 tAmok f `as Robert Davis k ,, c 3< 4 t'�1. Location a ,f � '�4 .4.4. 1:4>L. 4413 Wishart Road esI �ye,.,''°aR1 9 e F o' >� o O GPIN ''� 7, 1478666381 0''°��"° p % t•' `•' p'` a 1>� 0 9 �° ,e.N M°�� •SCO' r.1 .coo Site Size 6.1 acres AICUZ Less than 65 dB DNL Existing Land Use and Zoning District Religious Use, Private School/R-10 Residential Surrounding Land Uses and Zoning Districts „ z f "' J ' ` North Wishart Road a ` s . r Single-family dwellings/ R-30 Residential South �. 11- Single-family dwellings/R-20 Residential ; .‘'-'4, . jr itilfr ., East s __'" = L Historic Lynnhaven House/R-20 Residential West .. .. 1 '�,4*- ,. Single-family dwellings,townhomes/R-10 .3 A- ` s Residential, A-12 Apartment : . t . Ivy League Academy Agenda Item 6 Page 1 Background and Summary of Proposal • A Conditional Use Permit for a Private School within the existing church on the property was approved by the City Council in September 2015 with a maximum enrollment of 150 students, Monday through Friday from 7:30 a.m.to 5:30 p.m. • Due to the success of the school,the applicant is requesting to modify the Conditional Use Permit to increase the enrollment to 200 students and to expand the hours of operation from 7:00 a.m.to 6:00 p.m., Monday through Friday. • The school's use of the existing church facility is limited to the main church building,the gymnasium, and the fenced-in play area for recess. • The existing trailers on the site are used by the church for storage space and are not associated with the school. • No changes to the site layout or building are proposed with this request. El0-2 J R�1R / �� // R-30 I _ `_ 2 R�0 3 Zoning History t«r ,,,z.. tis j� # Request R 10 // 1 CUP(Museum)Approved 12/12/2000 1 �� J` ----,/ 2 CUP(Private School)Approved 09/15/2015 i 12-20 C f 'v "r-,—_ �' A-18 Q-12 i Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through a careful mix of land uses and compatible infill development, site and building design that is visually interesting,encourages greater social interaction and provides a memorable character, improved mobility, and promote sustainability and responsive action to changes in our environment. (pp. 1-61-1-62) Ivy League Academy Agenda Item 6 Page 2 Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay watershed. There do not appear to be any significant cultural or environmental features on the site; however the historic Lynnhaven House(circa 1725) is located on the adjacent property to the east. Traffic Impacts - Existing Land Use 2—372 ADT Wishart Road 1,443 ADT 1 9,900 ADT 1(LOS 4"D") Proposed Land Use 3-496 ADT 1 Average Daily Trips 2as defined by Private 3as defined by Private School with 200 a LOS=Level of Service School with 150 students students Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Wishart Road in the vicinity of this site is a two-lane undivided minor collector street.There is roadway CIP project scheduled in the vicinity of this application. Public Utility Impacts Water&Sewer The site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation This request for a Modification of Conditions for a Private School is consistent with the Comprehensive Plan's land use policies for the Suburban Area.The proposed request to expand school enrollment within the existing church is appropriate for the subject site and compatible with the surrounding land uses. Schools are an important neighborhood component and are well-paired with churches, as the uses have opposite hours of operation.The existing site layout is ideal for traffic circulation and has sufficient parking to accommodate the proposed expansion. In addition,the existing plants and fencing along the eastern,southern, and western property lines sufficiently screen this use from the adjacent properties. Staff recommends approval of this request with the conditions below. Recommended Conditions 1. A maximum of 200 students,or as otherwise determined by the Building Official's office,shall be permitted to enroll each year. 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. Ivy League Academy Agenda Item 6 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. Ivy League Academy Agenda Item 6 Page 4 Site Layout Wishart Road If— ----- z. ' — - r----- .6 •• , -,.--.,"•,•-,",t,4.'-' 1 -‘• -• ..,.- •-•-_ - .• " 4.,......... i - . • t - , • 4, '• • 1-• Fenced-in Play Area i \ 1 , ..,• , 41111114 . . . , . , .. • ,4„ 4•-, '4. ‘-‘, - ._ • tr . - . .., ,_ s V ,, ---- ,,, _i' 12 .i ._ ,:.-....- 7. . , -..-- tol••'''' . 4t, , IP' -" -: '‘. • •„,', 1 ' ' ,: . , I • . ' . - " -..'?':-...-s - '•-- i.*. -1 - -* -,.—-- - '• "- -.' ' .:,, . •i- • ., . . ., t •--( • , ,--'- I . 4- -.. , V . . I. ,J - , ..- 4 -, .........., .44 '`' ' '"' . , .., : .--,... Ivy League Academy Agenda Item 6 Page 5 Site Photos f :. -11,0_, ! I Tr --- .. •• • • Ili . ,, ,. . . . . , LSI ,.. ._ i j_ I € _^ d • ...._._, ,... -. .. -..—...mss......�.:w: Ivy League Academy Agenda Item 6 Page 6 Site Photos . ' ,fit 11110111i " -" S 11 l i' i,, I 1 �x r x n ri{ 11 tYllf YIUiwlttri, 1...: a•n�,.o a�woumn._,_.,r..r... _.-...,,uunrrr i.t iuttlif! yy ..a FM log Paw Making 757-499-6064 mgm..► a `r` '."141444-MA",i ? e .1. Ivy League Academy Agenda Item 6 Page 7 Disclosure Statement fl� VirginiaACeden9 Beach APPLICANT'S NAME 1V }CSC 1,t,� y DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters indude,but are not limited to,the following: Acquisition of Property Disposition of City codification of by City ry Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 4 SECTION 1 / APPLICANT DISCLOSURE FOR C:IIY USE ONLY i At'dt'closwrs must be updascd two 12)wccL5 error to an Page 1 of 7 Plannrnq Cnmruts5run and City Colrl .I oltutat)that pnttrns To IItu tprI fttranN 0 „�APPLICANT NOTIFIED OF HFARINC DAif NO CHANGES AS OF DATE ( REVISIONS SURMIIIED DAIC _ NO Robert Davis Ivy League Academy Agenda Item 6 Page 8 Disclosure Statement 'NB Virginia Beach 0 Check here if the APPUCANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_14' . Lt. tM c`'_� If an LLC, list all member's names: If a CORPORATION, list the the names of all officers,directors, members, trustees, etc.below: (Attach list if necessary) jtc-g.ta"5 ShCO 0%a.,)fk Troi X,onJ , EiNc c .\ Ogic-car (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) hiA 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. Fl Check here if the PROPERTY OWNER IS a corporation,partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. ''jt 1 (A) List the Property Owner's name:YLrip of ICc c.N icit__'Jra b C ,.‘f +owe- If an LLC, list the member's names: Page 2 of 7 Ivy League Academy Agenda Item 6 Page 9 Disclosure Statement Virginia Beach if a Corporation,list the names ofall officers,directors,members,trustees, etc.below: (Attach list if necessary) 'bid "IA 162+,Tt..54t�t-Ion i7, k.r �oz 5#ar 4 C ° 14.‘" t�h'JN< S r s to e U(.2...nc� 1 t n cte r .�f�re its over A nkl4.,/ Yi 4+44 1111A rte e (e) List the businesses that have a parent subsidiary or affiliated business entity 2 relationship with the Property Owner (Attach list if necessary) I -Parent-subsidiary relationship-means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation' See State and t.ocal Government Conflict of Interests Act,vs. Code 9 2.23101, 2 'Affiliated business entity relationship' means 'a relationship, other than pareru-subsidiary relationship.that exists when II)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 till) there is shared management or control between the business entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the sante 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 othcrwisc a close working relationship between the entities.' See State and local Government Conflict of Interests Act, Va.Code 5 2.2.31D1. 0 1 SECTION 3.SERVICES DISCLOSURE Are any of the following services being provided in connection with the fubiect of the i•policatiort or any business operating or to bs 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 • Ivy League Academy Agenda Item 6 Page 10 Disclosure Statement APPLICANT vrginia tliach YES NO SERVICE PROVIDER(use additional sheets It needed) El ® Accounting and/or preparer of your tax return KJ Architect/Landscape Architect/ Land Planner Contract Purchaser(If other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed [-7( purchaser of the subject property NNJJ (identify purchaser(s)and purchaser's service providers) EjConstruction Contractors ElEngineers/Surveyors/Agents Financing(include current O ® mortgage holders and lenders selected or being considered to i provide financing for acquisition 11 or construction of the property) • 121 Legal Services Real Estate Brokers/ n pi 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 ❑ v 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 Ivy League Academy Agenda Item 6 Page 11 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the Information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this plication. D Tro- APPLICA S SIGNATURE PRINT NAME DATE Page 5 of 7 Ivy League Academy Agenda Item 6 Page 12 Disclosure Statement OWNER Virginia Beach LYES I NO, SERVICE PROVIDER(use dadditional sheets if nn Z Accounting and/or preparer of f ' your tax return IJ Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Eithe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed Epurchaser of the subject property (identify purchaser(s)and purchaser's service providers) n [ ' Construction Contractors n Er Engineers/Surveyors/Agents Financing(include current l,)esIeyc .j r /t 3fo eri± mortgage holders and lenders F-0 km‘la+tor L selected or being considered to provide financing for acquisition or construction of the property) p,q b },Q) - +Le CFr Legal Services o .�•r Real Estate Brokers / I I Agents/Realtors for current and LJ 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 u• zi 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 • Ivy League Academy Agenda Item 6 Page 13 Disclosure Statement �tiw 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 wee s prior to the Planning Commission, Council, VBDA meeting, or meeting of ny public body or committee in connection with this Appli •n. f'411 r �o.. 1 MALL Ci? A/ _ Q/ 7a+6 OWNE S SIC PRINT NAME 0 Page 7 of 7 Ivy League Academy Agenda Item 6 Page 14 Item#6 Ivy League Academy Modification of Conditions 4413 Wishart Road District 4 Bayside October 12, 2016 CONSENT An application of Ivy League Academy for a Modification of Conditions to a Conditional Use Permit for a Private School approved by City Council on September 15, 2015 on property located at 4413 Wishart Road, District 4, Bayside. GPIN: 1478-66-6381-0000. CONDITIONS 1. A maximum of 200 students, or as otherwise determined by the Building Official's office, shall be permitted to enroll each year. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 6. 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 6 for consent. Deborah Zollos appeared before the Commission on behalf of the applicant. 1 --- Zr\-.? CIO \ J \ NO 0 1 0, ft 0 r 0 ap„ , .. [iirj Ir •,„ '....-- 0,z ('•\. En 6 ), r H., ,.. ED ii 0 N /I > < 1 . .,‘ N . 1....._ . ., • N-..,.) 0.' N , 1 51'11 re litit • > 4\\\ alli I I I I I I I I I I I I I I ita:),'.''' ''''''':%,, :,? • ,/,> 4 . .c 9-- , II"' 4v L, , • .- S Q> N . . t • „,,.. = oce .•,. (:), •.:- . . . ,. / ... . , 3 ce Pik 0 [ Oa IS.Ar,,, i� , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THALIA ACRES, LLC [Applicant & Property Owner] Conditional Use Permit (Noncommercial Marina) 653 Thalia Road (GPIN 1478900018). COUNCIL DISTRICT— LYNNHAVEN MEETING DATE: December 6, 2016 ■ Background: Steinhilber's Thalia Acres Inn has operated on this residentially zoned property since the 1930s. As the property is zoned R-20 Residential District and the restaurant is a commercial use, it exists as a legal, non-conforming use. The over five-acre parcel is located on the Thurston Branch of the Lynnhaven River. The applicant requests a Conditional Use Permit for a Noncommercial Marina in order to replace an existing pier that has been damaged by storms. A noncommercial marina is defined in the Zoning Ordinance as a facility for secure mooring of boats for use by persons including the owner or resident of the lot and those other than the owner or resident of the lot upon which the facility is located, at which facilities for storage and repair of boats and sale of boating supplies and fuel are not provided for. • Considerations: As required, a Joint Permit Application has been submitted to the appurtenant federal and state agencies, as well as to Waterfront Operations of the Department of Planning and Community Development. The Steinhilber's Thalia Acres Inn has coexisted with the surrounding residentially zoned properties for many years and is a landmark in Virginia Beach. The conditions proposed are crafted to ensure that the operation of the restaurant does not expand beyond today's parameters, respects the residential character of the area and provides a high level of predictability for all adjacent property owners, City Staff and the City Council. 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. Thalia Acres, LLC Page 2of2 1. The layout of the pier shall be in substantial conformance with the plan depicted on the exhibit entitled, "Exhibit A, Proposed Non-Commercial Marina Thalia Acres, LLC," prepared by WCI, Inc., dated July 23, 2016, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The pier shall serve only the patrons of the restaurant during operating hours and shall not be open to the general public. 3. The long-term mooring of patrons' boats, the sale of fuel or supplies, and the repair of boats shall be prohibited. 4. The sale of food and beverages shall be prohibited on the pier. 5. Appurtenant permits from all federal, state and local agencies shall be obtained prior to the use of the pier. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Meeting Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depart ency: Planning Departure ..1fr—A, City Manager: Applicant & Property Owner Thalia Acres, LLC Agenda Item Public Hearing October 12, 2016 City Council Election District Lynnhaven 8 ,,,„ Virginia Beach Request G' Conditional Use Permit (Noncommercial =a 4.,,, St Albans SDtyt Marina) K^nb Grant Road > 4 Staff Planner ; o ° 4 Aa r. Carolyn A.K. Smith r _ '� 3 1 w` oa " cg R '4 Fp +FC o N' err Location Q� a,� t4' 653 Thalia Road $ 2 s ,Qa`� GPIN S ! � 1478900018 �� 0 Site Size ,;'''`'°` tr t � � °_ 5.50 acres ,64 `� s. a r - a , AICUZ �� tF e i 9 0p09,0 ,t£^tS' O a ins''''''' Less than 65 dB DNL Existing Land Use and Zoning District ::; 'r. Restaurant, parking lot, pier/ R-20 Residential .'R' . .1 '' • i Surrounding Land Uses and Zoning Districts y`' ita s` North ' Thurston Branch of the Lynnhaven River V.fr r - Single-family dwellings/R-20 Residential South �. > Thalia Point Road Vacant lots, single-family dwellings/ R-20 .•"e �._:'` E-# Residential • k ..1,• *}' . • ���A. f , .� 4 : I,* East � . ,.. t 1.s. Single-family dwellings/R-20 Residential t ,► �.. a,y, West } ` `.. ,� .�,1,° , , . a Single-family dwellings/R-20 Residential ._.` ' Thalia Acres, LLC Agenda Item 8 Page 1 Background and Summary of Proposal • Steinhilber's Thalia Acres Inn has operated on this residentially zoned property since the 1930s. As the property is zoned R-20 Residential District and the restaurant is a commercial use, it exists as a legal, non-conforming use. • The over five-acre parcel is located on the Thurston Branch of the Lynnhaven River. • The applicant requests a Conditional Use Permit for a Noncommercial Marina in order to replace an existing pier that has been damaged by storms. A noncommercial marina is defined in the Zoning Ordinance as a facility for secure mooring of boats for use by persons including the owner or resident of the lot and those other than the owner or resident of the lot upon which the facility is located, at which facilities for storage and repair of boats and sale of boating supplies and fuel are not provided for. • As required, a Joint Permit Application has been submitted to the appurtenant federal and state agencies, as well as to Waterfront Operations of the Department of Planning and Community Development. • The submitted exhibit depicts a fixed pier, in the same location as the existing pier,with a seating area that leads to an aluminum gangway with a 12-slip floating pier.There is an existing gazebo and deck near the water that will remain. • The pier will serve the patrons of the restaurant during the typical operating hours of 5:00 p.m.to 10:00 p.m. • The pier and boat lift will not be open to the general public. No overnight mooring or fuel sales are proposed, and food and beverages will not be served on the pier. 06 • • /4,ce -so Zoning History g # Request • �/ I ' 1 NON Approved 06/13/1995 /NZ j KR-15 R-20 1 • /420_ - - 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 Thalia Acres, LLC Agenda Item 8 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the"Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard again possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive.The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. (p 1.61) Natural and Cultural Resources Impacts This waterfront property is located in the Chesapeake Bay watershed and specifically along the Thurston Branch of the western branch of the Lynnhaven River. The almost six-acre site is within the Resource Protection Area,and has a land cover of mostly grass with several large,canopy trees.A healthy marsh exists along the northern property line. Traffic Impacts No impact on traffic generated by this request is expected. Public Utility Impacts Water&Sewer This site is currently connected to both City water and sanitary sewer service via a private pump station. Evaluation and Recommendation The request to replace the existing pier for the use exclusively of the restaurant's patrons is, in Staff's opinion, acceptable,subject to the conditions below.The Steinhilber's Thalia Acres Inn has coexisted with the surrounding residentially zoned properties for many years and is a landmark in Virginia Beach. The conditions proposed are crafted to ensure that the operation of the restaurant does not expand beyond today's parameters, respects the residential character of the area and provides a high level of predictability for all adjacent property owners, City Staff and the City Council. These conditions include limits on the mooring of patrons' boats;the prohibition on the sale of food, beverages,fuel and supplies on the pier; and,the exclusion of the repair of boats on the premises. Recommended Conditions 1. The layout of the pier shall be in substantial conformance with the plan depicted on the exhibit entitled, "Exhibit A, Proposed Non-Commercial Marina Thalia Acres, LLC," prepared by WCI, Inc.,dated July 23, 2016, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The pier shall serve only the patrons of the restaurant during operating hours and shall not be open to the general public. 3. The long-term mooring of patrons' boats,the sale of fuel or supplies, and the repair of boats shall be prohibited. Thalia Acres, LLC Agenda Item 8 Page 3 4. The sale of food and beverages shall be prohibited on the pier. 5. Appurtenant permits from all federal,state and local agencies shall be obtained prior to the use of the pier. 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. Thalia Acres, LLC Agenda Item 8 Page 4 Proposed Pier Layout PROPOSED ' FLOATING PIER AND - ,- MOORING PILES _, .-r 1 s - r f - 22` 1 \ 14141 f 61111111r ' 1 r PROPOSED 4X18 ALUMINUN PROPOSED 19cg RAMP FIXED PIER k i ..-- 6' X -- NI 3:4 A..4. J of IA i,.. " t ,;,A EE % 1\ It- PARCEL A Thalia Acres, LLC Agenda Item 8 Page 5 Existing Site Layout & Proposed Pier / - PROPOSED sit, /' FLOATING PIER AND -,.=-- ONB / /,/' MOORING PILES - �,= IN, �i „At.V��R�� N P \SV CHPS�E �_ - \ �e r4L00GC'"F_.86.. G / 3a ''- a8” 1 va-P -- PROPOSED 0 p0 1 4 x 18 ALUMINUM P0'.---.,0„..\--:0. - °i PROPOSEDm RAMP 0\„*„.-' FIXED PIER l 1 , 1 1 ' _- - - ML W 1 *g-r- OECr ' GA2FNO k‘E'' / f ,l'\--( / PARCEL A THALIA ACRES.LLC I / GPIN 1478.90-0018-00)0 L_,�s INST 20071031001472410 - , M B 14 PG 48 ' Tfl Op i•V�, G a� rt % _ Z G \�' 0 GREGORY°M.STEAD r INa 0.0323 ( 0 PA- lI Ell TIC el '''P ( 1� ' I SHED }) ep �\:-.T:9., '970NAL T'aV` Z RESTAURANT PATIO 14 ■IAlie LI ' #653 0 1 m -/ t PARCELS \__.)--' t NW JEANNE S VICCEI.110 GPIN 1478-90-3179 m i GRAVEL t INST 20071031001472450 IP M S 31 PG 60 I GRAVEL PARKING 4 PARKING -'J1 `36- ',Nip t Ip /N I1,, n , 7 , LOT IA N. 4 r� //� N/F JVICC LLC \ N 6.3.--7-‘,;:,.. `" , RG GPM 1477-99-3748 / \ ' 4 INST 200403030035908 µ' 0,5 5 - 1-K M B 31 PG Al LOT 4 3---- -c....._.)---- /`lV WF RICHARD ROBERTS -`� ti GPIN 1477-89-8880 _ /'4 '\ \ DEED BOOK 3251,PG 1174 pt�� / M B 49 PG 11 V N- LOTS I, (vim NiF BRAJEAN INVESIMEN TS.LL\`r ,i \\ / EGRESS AND V GPIN 1477-5&0792 / N v INST 20071031001472480 / EASEMENT M 1327.PG 52 4, • 0\�6. 9S.\ 80,,,,,,,*„ T / s-✓, IP yy('4 ,,3\ o L I. S 04'25'25" W 34.64* '1'0+ LOT 25 'S- ` Q CI A-13,77' R-15944' 'L)2NI BRAJEAN INVESTMENTS II.0 0 ROq� GPIN 1477-89"2624 Q INST 20071031001472490 iP J M B 27 PG 62 Q cea +20' _ ,••ev EXHIBIT A ���j� PROPOSED NON-COMMERCIAL MAR NA ��I WATERFRONT fOf CONSUL TING,INC Thalia Acres, LLC Agenda Item 8 Page 6 Site Photos ..t..-'• . .,. ..._, . .- . - ,. .z... ,. . • ' -.' , . - . .,, ; ,I."till'i . ;.' - . ,•• °' • .. ft '), .!•(..-3kv, .. •-:' '- '' 0,1,-Fe.t Y . r - . ,' *. , - ' , . . ..... A • ..- . Ak. ..0. •• -4400,„:. - .• .. f: te.•-•. ' •4,Y"-k• •••e•,' % f A i . . ., .I.,) -,,,,, ,..,,.._ -NithiLt ..,..0!. • 5 ' ... " .'. k X ,..• ' 'g" .4-> . A - i ill . ....o. .-.4,--- - ... . ' ..• .„..,- — i -:, r ,,- ... 1 1 -1 -,-. . ''' '' ,,', Ni:,%• ' ' ' ' -: -iI . , jiTitg,fie. _ __ _ . .. ,,- At...„-.0 , , -! - . •_ .. 1 -,-...4 Jg• .. ,;..- , --4,,•••-,, ,.....• :-...'..•,-% ., • •- - ... „.., _ . . ,,,........ . •,...t,:. - dr.:, r..,.. :•.; . . ... . -,. ... , . ., .. . ii, ..:, . . ,,. , ... _I . t -- e - -104.,-1- di . ookk -o . i -'s- ' • .... " 1 op . , • , ....,- . iiik,.r._.--- --7.--...1,-- .•.. , . Iv. • , .. '„., • ....1 r..2.,... .;lie 0,.i ? i - ... .. ,;......to ,.. - - .- ......-,... .......-. Thalia Acres, LLC Agenda Item 8 Page 7 Disclosure Statement Virginia Beach APPLICANT'S NAME Thalia Acres, 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 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 oard 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 FOR CITY USE ONLY/Ail disclosures must be updated two 17)weeks prior to any Page 1 of 7 Plarniin9Commissson and City Council meeting that pertarns to the app.catior's_ 0 APPLICANT NOTIFIED OF HEARING DATE (d NO CHANCES AS OF I i.I},Ile1 DATE V'�l/"�r+'�i 1 Carolyn Smith El REVISIONS SUBMITTED I DATE Thalia Acres, LLC Agenda Item 8 Page 8 Disclosure Statement Virginia Beach El Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. I Check here if the APPLICANT 15 a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Thalia acres, LLC If an LLC, list all member's names: S. Brady Viccellio Jeanne S.Viccellio 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 I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Steinhilber's Restaurant, LLC, SCC No. S0436099 is an affiliated business at the project site. See next page for information pertaining to footnotes' and 2 ♦ • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. DCheck 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 Thalia Acres, LLC Agenda Item 8 Page 9 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) t "Parent subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2 3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. 4 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Thalia Acres, LLC Agenda Item 8 Page 10 Disclosure Statement cwm APPLICANT Virginia Beach YES] NO SERVICE PROVIDER(use additional sheets if needed) ❑ Accounting and/or preparer of Dixon,Hughes,Goodman,LLC. -, I__ your tax return I I 4 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) H&H, Enterprises, Salmons Dredging ® ❑ Carolina Marine Structures,East Bay Construction Construction Contractors Cox Marine Construction • ❑ Engineers/Surveyors/Agents WCI,Chesapeake Bay Site Solutions Financing(include current Sun Trust mortgage holders and lenders ❑ selected or being considered to provide financing for acquisition or construction of the property) ® ❑ — Legal Services Richard D.Allred Real Estate Brokers/ ❑ ® Agents/Realtors for current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ` an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Thalia Acres, LLC Agenda Item 8 Page 11 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Appli atp. /1„,,y/ Thalia-Acres,LLC, ,h J by: Brady Viccellio 7(2-‘171t4 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Thalia Acres, LLC Agenda Item 8 Page 12 Item#8 Thalia Acres, L.L.C. Conditional Use Permit 653 Thalia Road District 5 Lynnhaven October 12, 2016 CONSENT An application of Thalia Acres, L.L.C.for a Conditional Use Permit(Non-Commercial Marina)on property located at 653 Thalia Road, District 5, Lynnhaven. GPIN: 1478-90-0018-0000. CONDITIONS 1. The layout of the pier shall be in substantial conformance with the plan depicted on the exhibit entitled, "Exhibit A, Proposed Non-Commercial Marina Thalia Acres, LLC," prepared by WCI, Inc., dated July 23, 2016,which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The pier shall serve only the patrons of the restaurant during operating hours and shall not be open to the general public. 3. The long-term mooring of patrons' boats,the sale of fuel or supplies, and the repair of boats shall be prohibited. 4. The sale of food and beverages shall be prohibited on the pier. 5. Appurtenant permits from all federal, state and local agencies shall be obtained prior to the use of the pier. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 8. 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 Item#8 Thalia Acres, L.L.C. Page 2 By a vote of 11-0,the Commission approved item 8 for consent. Billy Garrington appeared before the Commission on behalf of the applicant. AIL • ,„ , - -„, -.:,..-,,,..*,•, * . : •. mr- It (;/, .„... ? . . , 'Ilkts. . • ,, '- --.,„._,,. •, )u , • ..• ._ e 1 IZ I . ..... L._ .: ,. 7--- ' I .• cliii, 1-1-2 1-{4:41.1111.P i I /' N -______ -.N L , — /i - , ,..--2 „,. ...,... ,t,........._,p/ . - , a--, / / D 7 ,. 4., ,....... , .........,," ..•,.. ., .... .._,.. .., .......„,,, . _..:„...,.:.,... . .. . . , .....„......, / .----_-,-31 / / 1,.....,,,, , ,, ; -------5/ ...,„ , _.... , 7 ,:,.„...„ . ...,... , , ,..... , , "..., ,.., . .. . . ._,.,. . ,_ 4.---.1 '•• rs."'-,... ',' ---.........i / '"'• -'''' ..-U5 e i 1---, ."-z , -- ,% 1 0 1`."• „, -.... . , / 1 . ., . -. ,.. — • • --......._ -..... I (.) ----: 1 u U CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ERICA DANCEL & RAMON MEJIA [Applicant & Property Owner] Conditional Use Permit (Home Occupation — Family Day-Care Home) 2749 Mulberry Loop (GPIN 2405213613). COUNCIL DISTRICT— ROSE HALL MEETING DATE: December 6, 2016 • Background: The applicant requests a Conditional Use Permit to operate a Family Day-Care Home for up to twelve children and one assistant out of her single-family dwelling. Proposed hours of operation are from 6:00 a.m. to 6:00 p.m., Monday through Friday. • Considerations: The size of the driveway allows up to four parked vehicles and the applicant has proposed a staggered drop-off/pickup schedule to reduce the possibility of traffic congestion. The request is consistent with the Comprehensive Plan, and is an appropriate use within a residential neighborhood. 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. Concern related to compatibility with operating a business within the neighborhood was expressed and information was provided regarding the Homeowners' Association's covenants and restrictions on in-home businesses. • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 11-0 subject to the following conditions: 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The family day-care home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license with the Commonwealth of Virginia, Department of Social Services. 4. No more than one (1) person, other than the applicant, shall assist with the operation of the family day-care home at any one time. Erica Dance' & Ramon Mejia Page 2 of 2 5. Any sign identifying the home occupation shall be non-illuminated, not more than one (1) square foot in area and mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a family day-care home. 7. Parking related to the drop off and pickup of children shall be met on the site. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De, • , - . 1 1 ency: Planning Departme ,;� ,vraz City Manager: t`�r►p, Applicant Erica Dancel and Ramon Mejia Agenda Item Property Owner Edmund Dancel & Ramon Mejia Public Hearing October 12, 2016(Previously deferred 09/14/2016) D1 ,;,i City Council Election District Rose Hall Virginia Beach Request Conditional Use Permit (Family Day-Care ./" NN<c:"'" Home) v "—� ----" �,,,,,� ^ `.,, m� Staff Planner `4,% Jonathan Sanders Mw,hgo� .,,.. 70-75 de ONL Location .r 2749 Mulberry Loop o '',...." /6,1. ° .a '' GPIN a , 2405213613 1 s Site Size 1 c i ,.%.,w,:vz it 11,042 square feet 3`' AICUZ �t` 1 'k I 4 f.'.-]11 an DNI 1 70-75 dB DNL Existing Land Use and Zoning District �. Single-family dwelling/ PD-H2 (R-10) Planned Unit Development ,`. �,,, N, 4� v "" (4 r- Surrounding Land Uses and Zoning Districts 'o'. North ;Nb`' ,__ ., Mulberry Loop + p ail iii t - %sr Single-family dwellings/PD-H2 (R-10) Planned Unit Development f iii i '' '-' 'It South •It *N .",, Single-family dwellings/PD H2 (R-10) Planned '7,,b.; irri • 2! Unit Development , ' 66& `'j"-,J,, . East • ' h 4 o� + Allikor B Mulberry Loop `- ., ��' 4411, Cemetery/PD-H2 (R-10) Planned Unit 4 w IN Development West Single-family dwellings/PD-H2 (R-10) Planned Unit Development Erica Dancel and Ramon Mejia Agenda Item D1 Page 1 .... . .... .......... Background and Summary of Proposal • This application was deferred by the applicant prior to the September 14, 2016 Planning Commission meeting to address issues with the Homeowners' Association regarding allowing a business to run out of the home. The applicant has resolved this matter and wishes to move forward with the request. • The applicant requests a Conditional Use Permit to care for up to 12 children within a single-family dwelling. She has been a substitute teacher for Virginia Beach Public Schools and has worked with special needs children, specifically,children with autism. • The approximately 11,000 square-foot parcel is zoned PD-H2 (R-10) Planned Unit Development District and is located on a corner lot in the Castleton at London Bridge neighborhood.The property has a large back yard for children to play outdoors.The existing driveway provides ample space for the drop-off and pick-up of children. • The proposed hours of operation are Monday through Friday, 6:00 a.m.to 6:00 p.m. • Consistent with the provisions of Section 501(b)(5)of the Zoning Ordinance,the applicant intends to employ one employee to assist in the operation of the family day-care home. J J 'R10' Zoning History • N, Condr # Request 1°-"d° R-to 1 REZ(AG-1/R-3/R-8 to PD-H2 (R-10))Approved / 01/14/1985 44#4,-\,/ R 10• 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 creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. 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. 1-59 to 1-68) Erica Dancel and Ramon Mejia Agenda Item D1 Page 2 Natural and Cultural Resources Impacts The site is located in 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 Mulberry Loop No Data Available Existing Land Use 1- 10 ADT Proposed Land Use -48 ADT las defined by one single-family 2 as defined by Family Day- dwelling Care Home Public Utility Impacts Water and Sewer The site is already connected to both City water and sanitary sewer service. Evaluation and Recommendation This request for a Conditional Use Permit for a Family Day-Care Home is consistent with the Comprehensive Plan's land use goals for residential areas, and preserving neighborhood stability in the Suburban Area. Based on concern raised by the next door neighbor,the applicant has spoken to her clients about parking on site. The applicant states that they will park their vehicles on one side of the driveway, thus leaving room on the other side for parents to pick up and drop off their children. Staff has recommended a condition that pickup and drop off for clients shall be met on the site to alleviate this concern and that pickup and drop off times be staggered. It is Staff's opinion that the proposed use is appropriate for the subject site, and is compatible with the surrounding residential land uses. As such, Staff recommends approval of this request with the following conditions. Recommended Conditions 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The family day-care home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license with the Commonwealth of Virginia, Department of Social Services. 4. No more than one(1) person, other than the applicant, shall assist with the operation of the family day-care home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than one (1) square foot in area and mounted flat against the residence. Erica Dance!and Ramon Mejia Agenda Item D1 Page 3 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation,the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a family day-care home. 7. Parking related to the drop off and pickup of children shall be met on the site. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Erica Dancel and Ramon Mejia Agenda Item D1 Page 4 Proposed Site Layout 1 --- 1 18 --- 11 1 , - ---..., a i ' 0 i _ --ti i f I if —.I _ ---_, / >lk a.. 3... 0 . , 1 hl d I/ .0 ; I = I ; — 1 Ul E 7075 dB DNL Site /I : R-10* c___--- /7 \ 1______ \ 1 I /;/// \, I i__. Erica Dancel and Ramon Mejia Agenda Item D1 Page 5 Site Photos ,,- •-(• ' `Y a Y ,. / ,yam . --, �\ 4 , AI Pik r, _ ' moi- Sa;^l,t C'?r* �.A= ,4'' 4 .4` , was rs.`��r fir ..',,,•..;,..,:4. ffi,• , - 1 .11k'-wt Erica Dancel and Ramon Mejia Agenda Item D1 Page 6 Disclosure Statement Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals _______ Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board `/Conditional Use Permit License Agreement Wetlands Board • r The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ❑ Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR(11Y USE ONLY ! '.II c< l u;-s ni„<I I.,'ul;l. 1:, �. ..els I...'' : „ ,.;.,, Page 1 of 4 0 APDL ICANI NO1 If IED 01 NMARINI, I ,,,t dNI)I HAMA S AS OF t at • Jonathan Sanders la Rt VISION%SIIBAtI I IID .J.!I- Erica Dance!and Ramon Mejia Agenda Item D1 Page 7 Disclosure Statement cfte 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) (8) List the businesses that have a parent-subsidiary I or affiliated business entity z relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotest and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. l Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name followed by the names of all officers,directors, members,trustees, partners,etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 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. Erica Dancel and Ramon Mejia Agenda Item D1 Page 8 Disclosure Statement s- cow/ Virginia Beach 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§2.2.3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets If needed) dAccounting and/or preparer of your tax return 1:3/ Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed dpurchaser of the subject property (identify purchaser(s)and purchaser's service providers) Q/ n❑ I Construction Contractors ,L=J,/ Engineers/Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Erica Dance!and Ramon Mejia Agenda Item D1 Page 9 Disclosure Statement art" Virginia Beach Financing(include current oci-F1C 1.11)i IM 1 fnai'Yaat sz mortgage holders and lenders ❑ selected or being considered to 1 ('v3 LRT frceWaj provide financing for acquisition S U I to ri ,.,/ or construction of the property) qtr ey-S a .2-t D LTJ • Legal Services El current Estate Brokers/Agents for 12/ 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 El contingent 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 prio o,the Manning Commission, Council, VBDA meeting, or meer,,i,of a. , .. lic .ody or committee in connection with this Application. 1149 AP' • T'S SIG " s• PRINT NAME DATE/ l an -1 lie is i hull) ER f RTY OWNER'S--1 .RE PRINT NAME I GATE 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. Erica Dancel and Ramon Mejia Agenda Item D1 Page 10 Disclosure Statement ** kt 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. 116e/& PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Erica Dance!and Ramon Mejia Agenda Item D1 Page 11 Item#D1 Erica Dancel & Ramon Mejia Conditional Use Permit (Family Day-Care Home) 2749 Mulberry Loop District 3 Rose Hall October 12, 2016 REGULAR Jeff Hodgson: We'll call the next item. Jan Rucinski: let me find my place on the agenda. Okay. The next item on the agenda is an application of Erica Dancel & Ramon Mejia for a Conditional use Permit(Family Day-Care Home)on property located at 2749 Mulberry Loop, District 3, Rose Hall. Is there a representative here for that application? State your name for the record. Erica Dancel: Erica Dancel. Jan Rucinski: Can you present your application to us please? Erica Dancel: Can you hear me okay now? I currently have a home day care that is voluntary registered for the State so I'm certified. I've been running that from September of last year and it has never posed a problem. The maximum capacity of children was five, and the code ended up changing from the Department of Social Services from July 1, 2016 where they changed it from 5 to four children, so in order to keep that fifth child,you have to obtain your State license,which brought me to apply for the license and a Conditional Use Permit. So when I called the Homeowners Association Manager, she explained to me that the Homeowners'Association can't really tell me, approve it or deny it due to the by-laws, so I just went ahead and applied for it. Then I ended up getting two opposition letters coming from the same property,which is the property on the right hand side of my house. So, I have that neighbor that's to my left that is exactly a cemetery. It is on the corner lots.There is plenty of parking and then my driveway fits four cars, so the opposition from the tenant they put in that house complained about parents walking the driveway. So,that is what she said in the letter. But when I spoke with her, when I posted up the orange signs, she told me it happened one time.And I asked her why she didn't address it to me so that it could have been resolved quickly. I was unaware of it so, she ended up sending the letter and I just feel like it is exaggerated.There is no way that my four parents block the driveway because at most I have is four. For a little bit I have five kids so that's the first issue that they have, so in order to resolve that my suggestion is that, I will make sure that the parents only park on the side of the property where the cemetery is or in my driveway. I will keep my vehicle to the right, and parents will park only on the left,which will bring them to my front door in front of the house. So,there is plenty of room.The second complaint was from the homeowner who owns the home, and he feels like it could affect the sale of his home because of noise pollution because what this license allows from the Virginia Department of Social Services that maximum of the 12 children,which I actually went around to my other adjacent explain on my intentions is not to max out to 12 kids. There is just no way I can do that or want to do that so I ended up getting this form signed by four of my neighbors and then I sent it over to the Board of Directors and they had approved it. So, zoning advised me to clear it up with the Homeowners'Association before I come here,which is why I deferred it so once I explained to my neighbors my intention was not to have 12 children. I'm only allowed to have one employee, so technically,four children per adult, that would be my self-provider and my assistant, that would be eight Item#D1 Erica Dancel & Ramon Mejia Page 2 kids, which I don't plan on having any kids so I currently have 3 children, and I just don't see how this is going to be a problem with noise pollution or affect the sale of his home.Castleton is a family oriented neighborhood. All the villages and there are lots of young children. There are lots of young parents and I just don't think that is going to be an issue. The third issue is that under the Castleton Code, it states that all properties are for single-family residential use only. All property of the application shall be devoted exclusively to single-family residential use. No day care occupation or professional trade or non-residential use shall be conducted on such property. So what happened when this approved,the president who lives down the street from, and he said I'm not asking for anything unreasonable,they decided to bring it up to the Castleton Board of Director. And I received an email yesterday afternoon stating that they again are denying my request to have the Use Permit to continue my business, so I'm just here to let everyone know that I'm not planning to max it out. This is my livelihood. My husband is a government contractor so he travels often and I have two small children. So, right now, it is reasonable for my life. It worked out for me. I'm not again planning, and I'm not having a kinder-care on the corner of that street. I've been offering this for a year, everything has been quiet. I don't have rowdy children in my daycare. And another thing with that code,there are four active business licenses on Mulberry Loop alone. And then I found out there is another home day-care in another village on Seven Road that has an active business license as a daycare and she has a Conditional Use Permit as well that was approved in December 2015. So, I just think it is unfair and all of this arises from one neighbor. Everybody else is fine with it. I even have neighbors already asking, "Hey you know is there an opening for my child? So, I just don't think this is fair to object this Conditional Use Permit because I need it for my licensing to go through even to have that fifth child. Even if my max is to keep it as it was, and to have a fifth child,which I have to withdraw because of the code change, I need it. And,that is why I am here today. Jeff Hodgson: Are there any question for Ms. Dancel? I have two. What age groups do you watch? Erica Dnacel:The one's that I currently have? Jeff Hodgson: Yeah. Erica Dancel: Yes, I have 1%2 year old, actually, I have two 1%2 year olds. Jeff Hodgson: What are they a certain age? Erica Dancel: Yes, I'm not planning on having infants. Jeff Hodgson:You're no planning on having teenage kids in there? They are all small children. Erica Dancel: Yes. Jeff Hodgson: Okay. Are there any other questions. I think you're allowed to have one foot square sign. Are you planning on putting a sign up? Erica Dancel:Yes. I read that under my contract. Jeff Hodgson: Do you think you will be putting a sign up? Erica Dancel: No. Item#D1 Erica Dancel & Ramon Mejia Page 3 Jeff Hodgson: No. Okay. Erica Dancel:That's fine. Jeff Hodgson: Does anybody else have any questions? Jack Wall: I have a question. Where do they typically stay at the house? Do they go outside? Erica Dancel:Yes. It is required that they go outside unless it raining or inclement weather. So, my left side of my house is a daycare area. So,there is plenty of space. In the backyard, I have a playground. So, in the morning is what we do is take a walk. They are outside for at least 20 minutes, and then in the afternoon again,they play outside. So, even if I did max the kids, and I am saying for an example,as far as noise pollution thing, I would bring out all of these kids because I could stagger that too so where my assistant brings out the four and I would bring out the four at a different time. Jeff Hodgson: Are there any other questions? Thank you. Erica Dancel: Thank you. Jan Rucinski: We have one speaker in opposition and that is Greg McCracken. Greg McCracken: Greg McCracken, a Virginia Beach attorney, Fine, Fine, Legum and McCracken. I'm here on behalf of the adjacent proper owner, Meade Stone. Meade and his wife own 2745 Mulberry Loop,which is the adjacent property. Meade and his wife are life-long residents of Virginia Beach, Norfolk Academy, Hampton-Sydney. They have twins, one who died and one of them has incredible injuries. Because of this,they live in Atlanta. So they rent this piece of property and when they bought their piece of property,they bought it subject to a HOA,which the applicant just read. The HOA says that all property in this classification shall be used and approved and devoted solely inclusively to single- family residential use. No gainful occupation, professional trade, occupation or other non-residential use, shall be conducted on any such property.That is a condition under which they bought their piece of property.The applicant bought the piece of property on September 25, 2014. They had the same exact. Their agent signed it. They got the same exact HOA and low and behold,they want to open up a daycare center. She said I want to open up and I got four kids. I didn't seek approval on that one. I want to come back and seek approval. I don't want twelve kids back but I could have up to 12 kids. This is a residential neighborhood. It is not a business area. The Stones depend upon this for the rental income. They depend on this for their livelihood to support themselves while they're looking after a severely disabled child.They are extremely opposed to this. They do not want a business next door whether there is a daycare or any other business next door to their piece of property. It is not allowed by the HOA. There has not been an approval by the HOA. And they oppose this vigorously. I will be happy to answer any questions. Jeff Hodgson: Are there any questions? Thank you sir. Mr. Wall? Jack Wall: Actually. When they oppose that number 12, it has been mentioned that does seem like a large number, especially for somebody next door to that property. Would they be opposed to a smaller number? Item#D1 Erica Dancel & Ramon Mejia Page 4 Greg McCracken: They are opposed to any business being run in a residential neighborhood under which they bought and these people purchased the property saying, it is a single-family residence. And when you buy that,you understand that. And whether they liked or not,they bought a piece of property which the HOA clearly says, it is exclusively devoted to single-family resident use. It doesn't say daycare center,or tattoo parlor or what if you wanted to park your roofing trailer/contractor truck there every day? I've got a client for the City of Virginia Beach,who runs his own business and he was cited. He can't park a truck which has welding equipment on the back of it in his driveway. It is equivalent to the same thing. This is a neighborhood. It is not zoned industrial. It is zoned for a residential area.They knew that when they bought it. Coming here now to seek approval of what they already do, I think is an inappropriate way to do it. They want to run a daycare center, rent a piece of property that is appropriate for a daycare center, rent a daycare center. Thank you. Jeff Hodgson: Thank you. Are there any other speakers? Jan Rucinski: There are no other speakers. Jeff Hodgson: Ms. Dancel,would you like to come up for rebuttal? Erica Dancel: Okay, I understand what he is saying but I wanted to bring up the fact that there are again,four active businesses licenses on Mulberry Loop alone that are have commercial. And I understand the whole HOA thing and you shouldn't have a business but like I said, this is very quiet. I don't advertise anywhere around my house. All I have is the playground in the back. So, nobody even knew that I had a daycare beside my surrounding neighbor until I had to put the orange sign up.So now this has caused like all this stuff from one person in that entire neighborhood where I feel like that is affecting my livelihood. I'm not bothering anybody. Like I said, when I had the Association letter, I even told her I am willing to do whatever to meet halfway so that is not an issue for any for the neighbors. So, not like I'm being irrational or try to push the whole child thing. I'm willing to redo the proposal or whatever to lower the number. Whatever needs to be done but I just feel like even with the HOA done publically guided, I'm clear. No one guided. The only reason why I found out that I could even have my neighbors sign this thing, this form was to the lady who had a Conditional Use Permit in the other neighborhood. So, how did she make her money under Castleton? She got a Conditional Use Permit approved but yet they are just so adamant in denying my permit just so I could continue doing what I've been doing. I just feel like I'm being singled out. It doesn't make sense. I feel like this has become complicated and it doesn't need to be. About the businesses like what he is saying under that code, there is a man with a moisture control business and his truck has his business all over it and he parks in the driveway, and the Board of Directors pretend like he discussed it with him that his employee cannot park near his house. They worked something out. Even Courtney Dees,who I spoke with this morning, she was the one who was saying that if someone complains to the Board of Directors, whether it is on the village level or entire Castleton level,they are obligated to respond to that. So, I guess that is why I had to get the lawyer involved in this. I just want to continue doing what I am doing. So I am requesting that you guys approve my conditional use. If I have to change the number to whatever satisfies. Jeff Hodgson: I don't think that is going to a make a difference in how they feel. Erica Dancel: Actually, I know this sounds petty but the people that are renting that home of Mr. Meade, like in the same page, right underneath that section code there is a code about pets. If the pets are a nuisance or cause this or that, I am able to complain. So, my point is saying that Castleton is a Item#D1 Erica Dancel & Ramon Mejia Page 5 family oriented neighborhood,their little pugs bark. Twenty minutes in the morning and I'm not even kidding,twenty minutes in the afternoon, but for me, I feel like she has three kids, she has two pugs. So for me, I feel like this guy,you know Mr. Meade, is complaining about things first of all haven't even happened yet. Secondly,they're tenants. Pets cause noise pollution. So, I just kind of feel it is unfair of all the things being brought up and hasn't even happened. That's all. Jeff Hodgson: We'll talk through this and come up with something. Erica Dancel: Yeah. I'm sorry. Okay. Thank you. Jeff Hodgson: Are there any questions? Alright.Thank you. Mike Inman: Jeff,quickly. Jeff Hodgson: Mr. Inman. Mike Inman: Would you be comfortable with a lesser number than 12, if a part of this approval, say six or seven. Erica Dancel: Yes.That would be perfectly fine. Mike Inman: Okay. Thank you. Jeff Hodgson: Are there any other speakers? We'll going to close the public hearing and open it up for discussion. Who would like to begin? Dee Oliver: I have a question. Mike and I were asking and we can't remember, when you do a day care isn't there a certain number that you can have? Is it four by-right? Kevin Kemp: By-right,you can care for four children but not to exceed 7 in your home including your own children. Dee Oliver: Okay. Mike Inman: Not to exceed seven including your own children? Kevin Kemp: In other words, if you had four children you can only watch three.You can't have more than seven but four is the number of children you can watch by-right. Dee Oliver: If you have three children? Kevin Kemp: And after that it requires a Conditional Use Permit. Jeff Hodgson: Mr. Redmond? Dave Redmond: I don't think that is going to make any difference whatsoever for the principal means of opposition, none whatsoever. So, I don't' know if we get anywhere by moving that number around. It Item#D1 Erica Dancel & Ramon Mejia Page 6 could be 45,given the nature of the opposition. My view, however, is that is not our business. The HOA and the homeowner who lives there,that is their business. We deal with appropriateness of the land use as we see it, and the application before us, and there are dozens, if not hundreds of these all throughout residential neighborhoods throughout Virginia Beach. It is not like a man landed from Mars. They are everywhere. They are entirely appropriate. It serves a public purpose,and a lot of neighborhoods that are very much like this one. I can't for the life of me figure out what would be different about this one except in many ways it is more appropriate because it is a large lot. It's got some certain characteristics that are next to it that make it easy. I don't know what there is about this quite frankly to oppose from a land use perspective,so I think we can get on with it. Jeff Hodgson: Is that a motion? Dave Redmond: Well, unless anybody else wants to weighs in on it. Jeff Hodgson: Is there anybody else? Dave Redmond: Mr. Chairman, I move approval of the application. Jeff Hodgson: A motion made by Commissioner Redmond for approval and seconded by Mr. David Weiner. Mr.Weeden? AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: by a vote of 11-0,the Commission approved the application of Erica Dancel and Ramon Mejia. Greg McCracken: Thank you. Jeff Hodgson: We got two more. .,..d..".........„.7,. , o \\Ty c 7 ce) .rg . ix ie .. 0 4 i ix 14 .1‘ ) 1 4 )4 \ •••. Is. it MP iii.lit CISI t L.........- U / "III ..1 . \ i of: —.‘\ _ -,.... f --1 . — -- -..'-L1 S<Ihi, , ... ,---.1 1 ___. Cc....—.0 ' ----___I .• 466.1111/4 V.,— - 411111N• -cu._ --94' •_._.%.., \,,,i),' ,3 . . ' ... _... .c1 D (..... .., ' • 0 „..„.., 0- . Claa.ta C ___• ‘ I - - ,...----- — . _ _ ----- , L b i - L._, .....; . 4' .,, "•,..I "..-.,_. .'' ..., i -___ '.,, _. -.-__. ' ..._. r---7 . .• 1, „,..r---? .... .. _ . .... C\> A' C ro 1r ll t,:.r.� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WILLIAM E. & EILEEN T. BYMAN; GREGORY & ANN CHAMBELAIN [Applicant & Property Owner] Conditional Use Permit (Community Boat Dock) 824 & 828 St. Martin Drive (GPINs 1478838016; 1478838169). COUNCIL DISTRICT— BAYSIDE MEETING DATE: December 6, 2016 • Background: Two adjacent property owners propose a Conditional Use Permit for a Community Boat Dock (pier) in order to construct a shared pier along their common property line. The proposed pier will be 6 feet wide by 161 feet long with two boat lifts, one at the end of each "T" at the end of the pier. The proposed pier will be located within each property's side yard setback; however, a deviation to the setback may be granted by the City Council through the Conditional Use Permit process. The applicant is currently seeking approval through the Joint Permit Application (JPA) process. No construction will be permitted until the JPA is approved. • Considerations: The In lieu of attempting to install two piers, one on each property, for both visual and navigational reasons, a shared pier is Staff's preference. The proposed pier will be used exclusively by the property owners and no commercial use of the pier will be permitted. Staff recommends a condition that a legal means of access be established to ensure that each property owner will have continued access to the pier into the future. A deviation to the side yard setback of 15 feet is recommended for approval through Section 221 (i)of the Zoning Ordinance that permits City Council to deviate from setback requirements if "for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." Staff finds this request to be adequate and does not anticipate any negative impact to the adjacent 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. Byman & Chamberlain Page 2 of 2 • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1. The pier shall be constructed in substantial conformance with the exhibit entitled, " Community Pier and Boat Lifts in W.B. Lynnhaven River at: 824/828 St. Martin's Drive, Virginia Beach, Virginia 23455," prepared by WCI, and dated October 25, 2012 with the professional engineer seal of Tom B. Langley, dated August 19, 2013. 2. A legal means of ingress/egress shall be recorded that provides access to the full width of the pier by both property owners of 824 and 828 St. Martin Drive, within 90 days of the completion of the construction of the pier. 3. All permits shall be obtained from all appurtenant regulatory agencies through the Joint Permit Application process prior to any development or construction of the pier and boat lifts. 4. No commercial use of the pier shall be permitted. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Meeting Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep• - . ' gency: Planning Departmen . `"# City Manager: 411 .# irlo dd . _...... .......... . IIV-HiB Applicants & Property Owners William E. & Eileen T. Byman; Agenda Item Gregory & Ann Chamberlain Public Hearing November 9, 2016 7 City Council Election District Bayside Virginia Beach Request r. Conditional Use Permit (Community Boat a a Dock) ; d'r a Staff Planner 51 °"°"" Carolyn A.K. Smith ~ pbb.V Otn 1111000...„ impliiiik Location , 824 &828 St. Martin Drive ; 0 GPIN .mob 1478838016; 1478838169 (Ma°S"..‘ Site Size 3 i'Fro -44, 24,851 square feet; 24,721 square feet °"'kh., ,e ' AICUZ 1, SP Less than 65 dB DNL Existing Land Use and Zoning District ., Single-family dwellings/R-20 Residential 4 _, Surrounding Land Uses and Zoning Districts ,','v _ . North � Single-family dwellings/R-20 Residential �' *. "� South Single-family dwellings/R-20 Residential East a ` ` —_. 4 it 1 . Western Branch of Lynnhaven River '�►w ., Single-family dwellings/ R-30 Residential , . ok West ' St. Martin DriveA4 ••it i4 \ ) Single-family dwellings/R-10 Residential William E. & Eileen T. Byman; Gregory&Ann Chamberlain Agenda Item 7 Page 1 Background and Summary of Proposal • The two adjacent property owners propose a Conditional Use Permit for a Community Boat Dock (pier) in order to construct a shared pier along a common property line that runs east and west into the Lynnhaven River. • The proposed pier will be 6 feet wide by 161 feet long,with a "T" at the end that measures 16 feet by 16 feet. • There are existing boat lifts associated with each property that will be removed and individual boat lifts on "finger piers"that will measure 4 feet wide by 30 feet long are also proposed. • The proposed pier will be located within each property's side yard setback; however, a deviation to the setback may be granted by the City Council through the Conditional Use Permit process. 11111 'IA--_—, R-30 '� J 3 P-1 -10 '1 1 r— b--1 , r---- _ . No Zoning History to Report . 1 / r �.• . —.. \ R-20• \ 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 recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard again possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. (p 1.61) Natural and Cultural Resources Impacts The property is located in the Chesapeake Bay watershed, and is directly on the western branch of the Lynnhaven River. Portion of the site are within the 100-year floodplain. As a pier is considered a water dependent facility, no review by the Chesapeake Bay program Staff is required; however, a Joint Permit Application must be submitted for review by all William E. & Eileen T. Byman; Gregory&Ann Chamberlain Agenda Item 7 Page 2 federal, state and the City Waterfront Operations Staff. There do not appear to be any cultural resources on the property. Public Utility Impacts Water &Sewer Both 824 and 828 St. Martin Drive are currently connected to City water and City sanitary sewer service. Evaluation and Recommendation In lieu of attempting to install two piers,one on each property,for both visual and navigational reasons, a shared pier is Staff's preference.The proposed pier will be used exclusively by the property owners and no commercial use of the pier will be permitted.The pier will not have a sewer pump out facility nor will petroleum products be dispensed or stored. The applicant is currently seeking approval through the Joint Permit Application (JPA) process. No construction will be permitted until the JPA is approved. Staff recommends a condition that a legal means of access be established to ensure that each property owner will have continued access to the pier into the future. A deviation to the side yard setback of 15 feet is requested. Section 221(i) of the Zoning Ordinance permits City Council to deviate from setback requirements if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." Staff finds this request to be adequate and does not anticipate any negative impact to the adjacent properties. Recommended Conditions 1. The pier shall be constructed in substantial conformance with the exhibit entitled, " Community Pier and Boat Lifts in W.B. Lynnhaven River at: 824/828 St. Martin's Drive, Virginia Beach,Virginia 23455," prepared by WCI, and dated October 25, 2012 with the professional engineer seal of Tom B. Langley, dated August 19, 2013. 2. A legal means of ingress/egress shall be recorded that provides access to the full width of the pier by both property owners of 824 and 828 St. Martin Drive, within 90 days of the completion of the construction of the pier. 3. All permits shall be obtained from all appurtenant regulatory agencies through the Joint Permit Application process prior to any development or construction of the pier and boat lifts. 4. No commercial use of the pier shall be permitted. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. William E. & Eileen T. Byman; Gregory&Ann Chamberlain Agenda Item 7 Page 3 Proposed Pier Exhibit W. s 3.50'25" E_,—._—_ -- LYNNI ——----p-6 7 , Aix 4V . �„• e�'1f yl` ai FERT1G 111DRAS kl TH Op .411ML,. ' ' *Ns. Oil 11_ - tri . tibr # PROPOSED t: �: 4.ri COMMUNITY PIER fm 1 I I A-c_ N©.11138 AND BOAT LIFTS . ;` ;., i , , a,111113 '� ./ ``1 • ' .ZONAL 6 Hi )) 4. LOT .`V441114 f_ 4`' • #v. • .- EXISTING • ' ;,/4 -1 - '' _—• +, - BULKHEAD ..:(/).. t f ..5,..:p _ / 08:1-5-3--CLE -.11., STING !PF ---------117-10 ,t, WRAP..:/ 1 . ' IPF IPF ' Ll: S8722'22" E cs 55.31' NI z PF, mac' 014\ i t,S\ 1 iii '01 ,9. 0p Ii r� +s U3T4; =A\ SYMAN (° T.- IN i#828 I 8 .c.N r *L- i"-•••. -N-, ( William E. & Eileen T. Byman; Gregory&Ann Chamberlain Agenda Item 7 Page 4 Site Photos F, . • • f :inn .'* > R ' 444'.' .. . 1 '!°''. 14, " X1 3 '440 '41' • rw w i 'IWO, , 1 Ilk - r 4'tlilikr:VY i e,: IIC a M x. s. 3- ,tom s"'.' "h .Ys% 4140, !i -;i 'ar William E. & Eileen T. Byman; Gregory& Ann Chamberlain Agenda Item 7 Page 5 Disclosure Statement NB Virginia Reach APPLICANT'S NAME William T and Eileen T. Byman 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 i by City Property ' Conditions or Proffers Alternative Economic Development 1Nonconforming Use Compliance,Special Investment Program Changes Exception for i (EDIP) Board of Zoning 1 1- 1 Encroachment Request Rezoning JtilAppeals Certificate of j Appropriateness (Historic Review Board) Floodplain Variance Street Closure Franchise Agreement Chesapeake Bay • Preservation Area Lease ofAgreeCity Propertyent Subdivision Variance oard 1 Conditional Use Permit License m Wetlands Board it The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, s • SECTION 1 / APPLICANT DISCLOSURE --1 Pagel of IC 2,L Vt %U i ♦.,• Carolyn Smith William E. & Eileen T. Byman;Gregory&Ann Chamberlain Agenda Item 7 Page 6 Disclosure Statement Virginia Beach 461 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 12 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:William F and Eileen T. Byman If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 ordyif property is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name __ If an LLC, list the member's names: Page 2 of 7 William E. & Eileen T. Byman;Gregory&Ann Chamberlain Agenda Item 7 Page 7 Disclosure Statement AB Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§2.2.3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity.(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va.Code§ 2.2-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject_2f_the application or any business operating_or_to_tLe_Q(terdie. 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 William E. & Eileen T. Byman; Gregory&Ann Chamberlain Agenda Item 7 Page 8 Disclosure Statement APPLICANT Virginia Beach YES , NO SERVICE ( PROVIDER(use additional sheets it I needed) ® Accounting and/or preparer of your tax return �, Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than El ® the Applicant)-identify purchaser and purchaser's service providers I Any other pending or proposed ❑ „ ` purchaser of the subject property I (identify purchaser(s)and purchaser's service providers) ❑ Flint Construction Co. Construction Contractors ® ❑ Engineers/Surveyors/Agents 1 WCI,Langley&McDonald Financing (include current ❑ j mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / j ❑ ® Agents/Realtors for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 1 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 William E. & Eileen T. Byman;Gregory&Ann Chamberlain Agenda Item 7 Page 9 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. I '�r�y ��� William E and Eileen T.Byman i nvPUCnR f'S Si PRINT NAME DATE r-1 Pt(.r,1. f Page 5 of 7 William E. & Eileen T. Byman; Gregory&Ann Chamberlain Agenda Item 7 Page 10 Disclosure Statement • NA3 Virginia Reach APPLICANT'S NAME Gregory and Ann Chamberlain 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 I Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE --------- • Page 1 of 7 101 11 --11-11, lCr',g4--te Carolyn Smith William E. & Eileen T. Byman;Gregory&Ann Chamberlain Agenda Item 7 Page 11 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ElCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Gregory and Ann Chamberlain 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 I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes I and 2 ♦ • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. E Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. ElCheck here if the PROPERTY OWN R 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 William E. & Eileen T. Byman;Gregory&Ann Chamberlain Agenda Item 7 Page 12 Disclosure Statement 'NB 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 subject of the application or any business operating or to be operated on the Prooertv. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 William E. & Eileen T. Byman; Gregory&Ann Chamberlain Agenda Item 7 Page 13 Disclosure Statement APPLICANTVirginia Beach — V — PROVIDER luso additional sheets if YES [NO 1 i SERVICE needed) ' ❑ Accounting and/or preparer of Zukerman and Associates your tax return El Architect/Landscape Architect/ Land Planner ❑ ® Contract Purchaser(if other than the Aoolicant)-identify purchaser and purchaser's service providers Any other pending or proposed f�t " • purchaser of the subject property f ' (identify purchaser(s)and purchaser's service providers) Construction Contractors Flint Construction Co. 1 l Engineers/Surveyors/Agents WCI,Langley&McDonald Financing(include current Wells Fargo mortgage holders and lenders ❑ selected or being considered to provide financing for acquisition or construction of the property) ❑ k Legal Services Real Estate Brokers/ ❑ Agents/Realtors for current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 William E. & Eileen T. Byman;Gregory&Ann Chamberlain Agenda Item 7 Page 14 Disclosure Statement 1/13 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 Gregory and Ann Chamberlain J�1l�czb I�(�'Y2L�-� L. lti' .� APPLICANT'S SIGNATURE PRINT NAME DATE Page S of 7 William E. & Eileen T. Byman; Gregory&Ann Chamberlain Agenda Item 7 Page 15 Item#7 William E. & Eileen T. Byman and Gregory&Ann Chamberlain Conditional Use Permit 824&828 St. Martin Drive District 4 Bayside November 9, 2016 CONSENT An application of William E. & Eileen Byman and Gregory&Ann Chamberlain for a Conditional Use Permit(Community Pier)on property located at 824&828 St. Martin Drive, District 4, Bayside. GPIN: 1478-83-8169-0000; 1478-83-8016-0000. CONDITIONS 1. The pier shall be constructed in substantial conformance with the exhibit entitled, "Community Pier and Boat Lifts in W.B. Lynnhaven River at: 824/828 St. Martin's Drive,Virginia Beach,Virginia 23455," prepared by WCI,and dated October 25, 2012 with the professional engineer seal of Tom B. Langley, dated August 19, 2013. 2. A legal means of ingress/egress shall be recorded that provides access to the full width of the pier by both property owners of 824 and 828 St. Martin Drive,within 90 days of the completion of the construction of the pier. 3. All permits shall be obtained from all appurtenant regulatory agencies through the Joint Permit Application process prior to any development or construction of the pier and boat lifts. 4. No commercial use of the pier shall be permitted. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 7. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON AYE WALL AYE WEINER AYE Item#7 William E. & Eileen T. Byman and Gregory&Ann Chamberlain Page 2 By a vote of 10-0,the Commission approved item 7 for consent. Bob Simon appeared before the Commission on behalf of the applicant. • • m fir' „F • iN. � ti . 1. .,.... ,_?.....".. ..." • 40 _N -. `, . X ,-.. -.-- ' .. . . .. - ' .. : .„.. \ .•• • • * . '11 - '.-.• ,: .. .. -. 11\s‘_, * •. . . -. • • • • \ „.....•'"-Zi-- "." Z: • \ , - .. - \(./Q ' - \)NC). .. ...- i ) CI \ . . ......- ......• • ti \\. r ''� - • J: • fir' i J i r 0 • `fes , � r.\01 .-- .... . ., . ,. -.. '+ • r 'r ..- • r`' LO ... .. �` • r . 1 If • • • J. • •64 f0� Y to ..mss r. I s, il CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DISCIPLESHIP TABERNACLE [Applicant] HOLLAND LAKES ASSOCIATES, LLC [Property Owner] Conditional Use Permit (Religious Use) 3478 Holland Road (GPIN 1486737186). COUNCIL DISTRICT— ROSE HALL MEETING DATE: December 6, 2016 • Background: The church is seeking to relocate into an existing 5,000 square-foot unit in a shopping center along Holland Road. As this unit was not one of the five previous requests within the center for a Conditional Use Permit for a Religious Use, a specific Conditional Use Permit for this church is required. The 75-member church plans to hold services and related activities in addition to operating a childcare operation at this site. Childcare is a permitted, principle use within the B-2 Community Business District. • Considerations: This Conditional Use Permit request for a Religious Use is consistent with the land use policies for the Suburban Area as it compatible with surrounding residential and commercial uses. The site has adequate parking and there do not appear to be any conflicts between the proposed use and existing uses in the shopping center. 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 10-0, to recommend approval of this request. 1. The occupancy shall be as established by the Building Official's Office and the Fire Marshall. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. Discipleship Tabernacle Page 2 of 2 IN Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Meeting Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Departmer \ (U -1. )___ ________ /, , g City Manager: frA/14 Applicant Discipleship Tabernacle Agenda Item Property Owner Holland Lakes Associates, LLC ,al\fi3 Public Hearing November 9, 20169 City Council Election District Rose Hall Virginia Beach Request =d Conditional Use Permit(Religious Use) c, e ,k f Staff Planner �M"°"° P p ` $' a 0.75 dB ONL 8 Jonathan Sanders ,,�" a 4o I P 60' 4, 4 a3It i Staff • 4r, 65.70 dB ONL a 3478 Holland Road "°tea, I % �g Gb`°� PIN ,. �,,,"d 1486737186 c� 5�e �e Site Size \ 3.12 Acres --, '' " ÷e` AICUZ "� w'°ee 'moo *e 65-70 dB DNL twos ' 09 i '1 •••'"-- \ 1 ' \ Existing Land Use and Zoning District Mixed retail/B-2 Community Business Surrounding Land Uses and Zoning Districts North <. Diana Lee Drive ite Automotive sales/B-2 Community Business , South < ) . , ` Medical office/B-2 Community Business f � " . East .. y ', ;, « ti 1 Multi-family residential/A-18 Apartment ,,f r- '" ;1^a s West t' 0 t d Holland Road ' \'- ,-' Mixed retail/ B-2 Community Business .,' ` ' Discipleship Tabernacle Agenda Item 9 Page 1 Background and Summary of Proposal • There have been five Conditional Use Permits for Religious Uses in the subject shopping center since 1998. • The church is seeking to relocate from 3540 Holland Road and lease space within an existing 5,000 square-foot unit in this shopping center, also along Holland Road. As this unit was not one of the previous particular requests within the center for a Conditional Use Permit, a Conditional Use Permit for Religious Use is required. • In addition to church activities,the applicant intends to provide childcare services at the site with up to five employees. Childcare is a permitted use in the B-2 Business District. • The existing church is relatively small with 75 members and proposes the following hours of operation: Monday, Tuesday,Thursday, and Friday: 6:00 a.m.—6:00 p.m. Wednesday: 6:00 a.m.—8:00 p.m. Sunday: 10:00 a.m.—1:30 p.m. t . „ 10-70 dB ONL" "' } Zoning History \ `,� "--: '���*� # Request `. B.2 \ \ `1.�A ," q �,� \ •• / ✓\ `��J 1 CUP(Religious Use)Approved 10/25/2005 \\ \\ , :/`•,` CUP(Religious Use)Approved 06/10/2003 f6-1•dB DHL , ,/ / 4,,, , '';." CUP(Religious Use)Approved 11/13/2001 A-12 ) 62/B" Qe \� / ('''"---< CUP(Religious Use)Approved 10/12/1999 A•12 -,4:0*-- . \ CUP(Religious Use)Approved 10/13/1998 �p \ , \ .p 2 CRZ(I-1 to Conditional B-2)Approved 03/02/2004 � \, 0 CUP(I-1 to B-2)Approved 03/02/2004 A.12 >%' 6�2 T��a 3 CUP(Vehicle Rental)Approved 09/18/2012 r":\ •:' 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 creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. 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. 1-59 to 1-68) Discipleship Tabernacle Agenda Item 9 Page 2 Natural and Cultural Resources Impacts This site is within the Chesapeake Bay watershed. As the property is almost entirely impervious,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 Holland Road 30,542 ADT 1 14,800 ADT 1(LOS°"C") 27,400 ADT 1(LOS°"E") 1 4„ Existing Land Use 2—17 ADT Diana Lee Road 1,600 ADT 1 6,200 ADT 1(LOS a C") Proposed Land Use 3—141 ADT 11,100 ADT (LOS E") 'Average Daily Trips las defined by 1,500 square 3 as defined by religious use and child 4 LOS=Level of Service foot office care in an existing shopping center Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Holland Road is a four-lane divided minor urban arterial. This section of Holland Road is designated on the City's MTP as ultimately a six-lane divided facility.There are no CIP roadway projects planned for this area of Holland Road. Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation This Conditional Use Permit request to allow a Religious Use within a 5,000 square-foot unit within an existing shopping center along Holland Road is consistent with the land use policies for the Suburban Area as it compatible with surrounding residential and commercial uses. The site has adequate parking and there do not appear to be any conflicts between the proposed use and existing uses in the shopping center. Staff recommends approval of this request with the conditions below. Recommended Conditions 1. The occupancy shall be as established by the Building Official's Office and the Fire Marshall. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. 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. Discipleship Tabernacle Agenda Item 9 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. Discipleship Tabernacle Agenda Item 9 Page 4 Site Layout t R1'VEPCO EAS£Yf>r7 _-••-_� .��i 11 �NR1R•trll 81W 32968 08)7(3 8 10'VEPCO EASEYEN7 In PO i2! a'w000 FE O•ON ; iw 32967 08/7R7,PG NO .J'J'ORAfNAGF EAS£YEM7 ION k' 526.23'38•E • �_ _ �� at.�r�cs�t`r 4 o •*e �t MMili IM (i 1 d • - t!i•l1f,�; ...ivies f - ` //.� W 278 Y y F .,.*'-' —\ • s 00 \ Unit !-•.•RACK•*LOCK I /AE' GAS Nero,0— Itlaal mitt' t• r 3.1• r I \Ov[Aaur•G r ONt. Warr r Z i •l.f' kfst ` r TY i fail PARCEL, C-.2 „ ti't1.E 35 1 134844 30 F1— 3•Re Matt31. r 0 < 1 O fa \\ N4' •li ..7.-... L. 1.71: /RING 777' S .•UAW ICCI 1 mai • a \\; 1 �d P • O f W e7,7 �0 a ni n1 N., 31 118aftr"r ,..... PCO EASEMENTy 1V as Dah i7 DlI 8J7/3.Ct RB • :S. ff��. \ ni �' W YE/LR ot \ •A• a N \ •••• •• aYyNKOp( 1 ',�;1 • '7- - !tW R =N �_•t •. WOO effl f •3440i 31 •py T SW Rx G � S'[ S EYI• VIM/ r III3 111 , \ POLE I WOG.Gf E WO—Z-1 \Si' IIN Rfj�G C4SN17t3J4'E Ii__ i 305.07' hiPPGAZ Ur It _ ION OW) N26.23'mew tr7 N24.02'54•W 21.92' r ow ti +`.Iw..G'A Rlli sawnA. fRry A's •C • sum r, taxa wan W apromen mow 3153J1 • HOLLAND ROAD rvsR Ri W! roma 0621C • NN AY 17 1•f•1 _ Discipleship Tabernacle Agenda Item 9 Page 5 Site Photos sita -iimpion0111111116 2. 111111111 11. , Discipleship Tabernacle Agenda Item 9 Page 6 Disclosure Statement (4,\AB Virginia Beach APPLICANT'S NAME Discipleship Tabernacle DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board " Conditional Use Permit License Agreement Wetlands Board 4 0 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 ▪ AI'NLI(ANI NC)! !!! )01 I AR!NC, Li0 NC)t:HA.NCJ S i I/i‘/i 6 Jonathan Sanders O 12FVIS!GNS SUBMITTED Discipleship Tabernacle Agenda Item 9 Page 7 Disclosure Statement ted, Virginia Beach El 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:Discipleship Tabernacle 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) Kerry Smith, Deitre Smith, John Williams, Celestine Russell (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. El 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:Holland Lakes Associates, LLC If an LLC, list the member's names:Michael Sifen Page 2 of 7 Discipleship Tabernacle Agenda Item 9 Page 8 Disclosure Statement ,,,,NE Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 -Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va.Code§ 2.2-3101. • 1 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 Discipleship Tabernacle Agenda Item 9 Page 9 Disclosure Statement NAI3du of APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) 0 „ Accounting and/or preparer of • your tax return 04Architect/Landscape Architect/ • Land Planner Contract Purchaser(if other than �g� the Aoolicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ 0 purchaser of the subject property • (identify purchasers)and purchaser's service providers) Construction Contractors ❑ Engineers/Surveyors/Agents Benchmark • Financing(include current El1selected mortgage or holdbeingers and lenders �� considered to provide financing for acquisition or construction of the property) III ® Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property 4 0 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have Elan interest in the subject land or any proposed development �•1 contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Discipleship Tabernacle Agenda Item 9 Page 10 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or dir_, f of any public body or committee in connection with th s Applicata- . 1 S L_q(7-YA.t 962 /42 APPL j'5 sMo."' P INT NAME/ ATE Non Page 5 of 7 Discipleship Tabernacle Agenda Item 9 Page 11 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) ❑ ® Accounting and/or preparer of your tax return ❑ �`, Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than ® the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors ❑ ® Engineers/Surveyors/Agents Financing(include current Xenith Bank f/k/a Gateway Bank and mortgage holders and lenders Trust ��� ❑ selected or being considered to provide financing for acquisition or construction of the property) ❑ ® Legal Services Real Estate Brokers / ❑ Agents/Realtors for current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Discipleship Tabernacle Agenda Item 9 Page 12 Disclosure Statement 441W, fiIIB iah`y Virginia Beach if 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. PROD RTY s/GNATU',zi4.-, Y~ r i ! n•`c .,..11P-16 PRINT NAME DATE Page 7 of 7 Discipleship Tabernacle Agenda Item 9 Page 13 Item#9 Discipleship Tabernacle Conditional Use Permit 3478 Holland Road District 3 Rose Hall November 9, 2016 CONSENT An application of Discipleship Tabernacle for a Conditional Use Permit(Religious Use)on property located at 3478 Holland Road, District 3, Rose Hall. GPIN: 1486-73-7186-0000. CONDITIONS 1. The occupancy shall be as established by the Building Official's Office and the Fire Marshall. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permits and Inspections Division and the Fire Department.The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 9. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 9 for consent. There was no representative for this item. .... .* . — . • "I ''4., '‘.. • I I--'''.-,-----,.. ',..-- I / •' ) T,1 1" , .,. , ,. • , . I' r---,. / . . ..., _ 4. „ ...,.„,,,..„ ..,,,, ,,-.... „. . . •.„:„,.. ,... ,...„ k a •,... / , i ---i,, / ,, . „. .. ... .... ... ,..... .. .„,„ .: . .• ; '. """--. I/ .4:-../ritimil. 1 ',._—.21 ....,,'/.1 , • e - -....,..., 1 ., :-..: __,.. ci 're-- / / / ,' :, \:',..., •.-' • ...%, /I '',i '-• 1- - ..', \\,.. ‘• . / , •-...i ) I / '''. 4 -••'--- .,•-•N_ ..\.S.-------,., ' ' t , .. ", ' • / ,,, ,.1,0 ,C„- I, , !A-•"- c'-:7 ; --"*"' ,t ''•, /........„. -',.. , ..• 111-..., c'l• ... . , -r... .. .../ // i .., „ , f / 7/-4' s•\\'..„ I ' ,4 ('-•-„. 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' trt '"•-• \s' . • - • .., •,.. ,.. , (-- 7- Ci (0 w •°E''yip CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SANDBRIDGE TATTOO [Applicant] GENERAL BOOTH PROPERTIES OF VA BEACH, INC [Property Owner] Conditional Use Permit (Tattoo Parlor) 2336 Elson Green Avenue (GPIN 2414245920). COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: December 6, 2016 • Background: The applicant requests a Conditional Use Permit for a Tattoo Parlor within a unit in an existing building. The interior studio space will include up to five stations. The proposed hours of operation will be 11:00 a.m. to 9:00 p.m., Monday - Saturday. No changes are proposed to the 3.8-acre site or to the exterior of the building, with the exception of a sign proposed above the entrance. • Considerations: The proposed Conditional Use Permit for a Tattoo Parlor in Staff's opinion is consistent with the Comprehensive Plan's land use policies for the Suburban Area. The proposed use is also consistent with the commercial nature of the surrounding properties. Staff has recommended a condition to address signage, consistent with recent Conditional Use Permit applications for tattoo parlors. Prior to operating on the site, the applicant is required to obtain a business license, and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. There was no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. Sandbridge Tattoo Page 2 of 2 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any onsite signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Meeting Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. ..\cSubmitting Department/Agency: Planning Departmen if • • L City Manager f ►, .4, Applicant Sandbridge Tattoov3 Agenda Item Property Owner General Booth Properties of VA Beach, Inc. Public Hearing November 9, 2016 City Council Election District Princess Anne 3 Virginia Beach >� W• 70.75 dB DNL Request oF'$ win ""�.„o•;,, Conditional Use Permit (Tattoo Parlor) `� w�<"a °`°'<w,� 3� , o' F` D°< r Staff Planner a �n, Robert Davis SI <•o,�444, Location 65.700BDNL ,p 3S`%oft°.�o S,,n rd<''•+w.� "'1"^« 2336 Elson Green Avenue ., Y< G P I N o M Ma\ <�z/ SJ<w` 2414245920 } `�••, ad' A,." FI•�G«� Site Size ; 3.8 Acres sy ,� dy AICUZ s i '� 65-70 dB DNL;Sub Area 2 / \...e....6014,24p I \ it'd t•I' i ...! Existing Land Use and Zoning District Mixed retail, office,fitness/ B-2 Community Business is , , Surrounding Land Uses and Zoning Districts 4 fitom `'-, North d V .' , 'i� '" Mixed retail/ B-2 Community Business , ...4 `a,4 South , . �-� ��sa. Mixed retail/B-2 Community Businesslit \, East � Mixed retail/B-2 Community Business " 'o ... West ; "°'> Mixed retail/B-2 Community Business I ' v -4: 7 VII.. = -. ",,-1,-. -. - .: 1 - i. Sandbridge Tattoo Agenda Item 3 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Use Permit for a Tattoo Parlor in a unit within an existing building. • The applicant desires to operate a high-end tattoo studio and art gallery that will showcase local artists and Kellam High School art students. • According to the application,the interior space will include up to five work stations. Proposed hours of operation are from 11:00 a.m. to 9:00 p.m., Monday-Saturday. • No changes are proposed to the 3.8-acre site or to the exterior of the building, with the exception of a sign proposed above the entrance. • The proposed sign will be a metal frame and plastic composite letter panes with individually lighted letters on a raceway. The proposed sign will match other signage on the building, as required by the property owner. No window signs or neon accents are proposed. ,_ Sm o ;�� ��' Zoning History Cy R=2' m / j" ti # Request ,>• �`� p `� 1 CUP(Bulk Storage Yard)Approved 09/20/2016 '% _ — / CUP(Bulk Storage Yard)Approved 08/05/2003 1� MOD Approved 08/12/2008 4 ��\`°.Qo E 4 CUP (Automobile Service Establishment)Approved AG-2 eQ 2 �, 12/05/2000 GYee p` At 1` 2 MOD Approved 10/9/2012 5'. AG-1 �‘gor3 ,�4 r' • MOD Approved 04/27/2010 ' B 2 j� 41_ A CUP(Bulk Storage Yard)Approved 05/26/2009 0-y ' - A p > 3 CUP(Automobile Service Station)Approved 11/14/1995 Ail �' �\ / / ' ^<+� ' 4 CRZ(B-2 to Conditional B-2,A-18)Approved 3/25/2003 / 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 creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. 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. (Sec. 1.3, pp. 3— 10) Sandbridge Tattoo Agenda Item 3 Page 2 Natural and Cultural Resources Impacts The site is located within the Southern Rivers watershed. There do not appear to be any significant natural resources or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic ' 6,200 ADT'(LOS°"C") Existing Land Use 2—70 ADT Elson Green Avenue 4,609 ADT 11,100 ADT'(LOS°"E") Proposed Land Use 3- 120 ADT 'Average Daily Trips 2 as defined by 1,579 square 3as defined by 1,579 square feet of ' LOS=Level of Service feet of retail tattoo studio Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Elson Green Avenue is designated as a two/three-lane divided local street. There are no roadway CIP projects proposed in the vicinity. Public Utility Impacts Water& Sewer This site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation The proposed Conditional Use Permit for a Tattoo Parlor is consistent with the Comprehensive Plan's land use policies for the Suburban Area and is consistent with the commercial nature of the surrounding properties. According to Traffic Engineering Staff,the addition of a tattoo studio at this location will have no impact on the capacity of Elson Green Avenue. As the proposed tattoo parlor will be located within a vacant unit in the existing building, no exterior changes to the building or to the site are proposed. Staff has recommended a condition to address signage, consistent with recent Conditional Use Permit applications for tattoo parlors. Prior to operating on the site,the applicant is required to obtain a business license, and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code.This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness,vaccinations, and permitting.A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. For the reasons stated above, Staff recommends approval of this application, subject to the conditions below. Recommended Conditions 1. A business license for the tattoo parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. Sandbridge Tattoo Agenda Item 3 Page 3 3. Any onsite signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance,and there shall be no neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted.The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. 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. Sandbridge Tattoo Agenda Item 3 Page 4 Proposed Site Layout I At Proposed Tattoo Parlor • 4 • � 4 O N %, 1 J & i � . r , ,17 A thilli STP 10S i 's ,I L x. •.I � qh mal, . , Sandbridge Tattoo Agenda Item 3 Page 5 Site Photos ,. Proposed Tattoo Parlor 40,4 C - S 4-2 yy a' ,fes r y /� . s 41114.141111111114'' • - e , » me on GreE fl3 Mgr r 1 _ a.:...„, ... —, tg., 5 Sandbridge Tattoo Agenda Item 3 Page 6 Conceptual Sign Rendering 1d ! !D I t} rt,- .......... TATTOØ . .• A...,.. , ... A ..., . „ ..,,_ ._.......,.. . . . .. . ! kv, . .... . ___,_,, ,_., h'''''.' 4'. ,_, , ii,14, . .._ _ , 4,.• . .. ... ., lt,:,, ,,,' - .- t Yr '� Sandbridge Tattoo Agenda Item 3 Page 7 Disclosure Statement Virilia Beach APPLICANT'S NAME ,Clnier(ebe ' Loo 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 Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure SHistoric 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 l of 7 0 ._:y.+:: :y Esc. I VI 7//6, 'PAP Robert Davis Sandbridge Tattoo Agenda Item 3 Page 8 Disclosure Statement Virginia Beach C Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. RCheck here If the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:�1n,01_?tC _1.-._�ao 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) Lk r r7 A-1-11,,,A el C?ro) Kry64-o,1 41.1 a„ (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. C Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, b iness,or other unincorporated organization. Check here if the PROPERTY OWNER$a corporation,partnership, firm, business,or other unincorporated organization,AND THEN,complete the following. /� �"1L _ (A) List the Property Owner's name:CG N�!t _ . \_) .,Sk.. If an LLC,list the member's names: Page 2 of 7 Sandbridge Tattoo Agenda Item 3 Page 9 Disclosure Statement Virginia Beach If a Corporation,list the names ofall officers,directors, members,trustees, etc.below: (Attach list if necessary) 12c.6d Z c 72.0v) v / *r (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 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(1)one business entity has a controlling ownership interest in the other business entity,(il)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 entitles 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 entitles'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 applicatfon 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 Sandbridge Tattoo Agenda Item 3 Page 10 Disclosure Statement APPLICANT vit�gtnia Beach 1 .� YES NO L SERVICE PROVIDER t�iseadditiorixt sneers if needed) (� n Accounting and/or preparer of 7't-e t��' a.sL TC,bve�/QAO IAJ l ' your tax return o►. � n N I Architect/Landscape Architect/ � t ' Ni Land Planner _ _ "I . Contract rchaser(if other than the Applicant)Pu -identify purchaser and purchaser's service providers Any or proposedrty I x = purchaser of the subect prope -Nz lL� (identifyother purchasependingr(s)jand purchaser's service providers) I I Construction Contractors -F-0,6- St 4 s , or. 4 4" Engineers/Surveyors/Agents 01- 1),48-ar.4.-t...4/.r Financing(include current mortgage holders and lenders selected or being considered t0 Towri e .t..k RAD pr,bl4 provide financing for acquisition / ` or construction of the property) 606 NI ( I Legal Services (�+JkQIKaW► 4.Csef►cici cAA Real Estate Brokers/ u�ot1 n ® Agents/Realtors for current and4 J anticipated future sales of the ' P)tc subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does am official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development ncontingent 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 Sandbridge Tattoo Agenda Item 3 Page 11 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. -._ ` % Aavk4 n APPLI SIGNATURE PRINT NAME DATE Page 5 of 7 Sandbridge Tattoo Agenda Item 3 Page 12 Disclosure Statement • OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) n Accounting and/or preparer of I 1 ur tax return Architect/Landscape Architect/ I3nd Planner .."-Contract Purchaser(if other than rishe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed EKpurchaser of the subject property (identify purchaser(s)and urchaser's service providers) onstruction Contractors Elngineers/Surveyors/Agents _ Financing(include current 7o-0 n 501-KRA mortgage holders and lenders D selected or being considered to Q Q 4 T Cbe hal provide financing for acquisition ,p i construction of the property) 4e R.efy owt-er Legal Services ,Rtal 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 ,,,Kies an official or employee of the City of Virginia Beach have ❑ r- 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 • Sandbridge Tattoo Agenda Item 3 Page 13 Disclosure Statement 11/4A3 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 me ing, or meeting of any public body or committee in connection with this App tion Robert D.Zirpoli,CPA p Atari, 844 First Colonial Rd.Ste.205 P•3/•I� OREM OWNER'S S TU ) PRIt si11il8+VA 234ST DATE Page 7 of 7 Sandbridge Tattoo Agenda Item 3 Page 14 Item#3 Sandbridge Tattoo Conditional Use Permit 2336 Elson Green Avenue District 7 Princess Anne November 9, 2016 CONSENT An application of Sandbridge Tattoo for a Conditional Use Permit(Tattoo Parlor)on property located at 2336 Elson Green Avenue, District 7, Princess Anne. GPIN: 2414-24-5920-0000. CONDITIONS 1. A business license for the tattoo parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any onsite signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows,or on the doors.There shall be no window signage permitted.The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 3. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE I N MAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 3 for consent. Larry Altman appeared before the Commission on behalf of the applicant. 100 1------\l\Wri 11 Odi \ \ 0 1\ Ce t. _ 44\1; a- ' limul II 1 'II1 f+ 1 1\ v n 4-.,--a tip = ' ! �\ O r 1, 0 I I , . “ i '''-- ',11,...-0#0, , ! IV ,! tit' '' _ otle- ''2, ' lb It NP " I . .1 i CI Ti s----:'\ 64 ifilW 0 ari .7 . -- 1/4..• 0 , ii ,. r-11,1, I lit • I 5-.'..2 0 \II\ \ I . i \ \ y - \\\ f li 4t (� iI� II t ti ! ll! !'� SI \ III �'!' t� kw III 0 ' v..? II 1.1W7' IN\si\ 1 ' 1 1 1 II --**.t.,J;/.7.,t 1 .11 1/4. IL-- _ s ',,, , F t ; 1'1../.„4 / �'---,II- ''-) 5 41 ---'---rte, f , J ' `f r }� r' - � 1 rrrI f 1 4 N. L ' . \ hi r / LL�y . l'i. \ H 1 it .„... i. \ f U 5 f r Rig, I1 i [ cci--ir \ .., -.,„, , , ., ,_ , . - I1111511/ t< '' ......: 11 1 ---1 ,:-'t—c----i.--- \ ., ... 4-.. , -' , liI— „.. \ ;4" - ''' t -7._ I - I clt rte- # '' :"/* � ' I , .; ,. . I if'.- i 'r 1-,--,L t i ?• t -; _ [ oak,,,, 6. 17 o t si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VIRGINIA MUSEUM OF CONTEMPORARY ART (MOCA) [Applicant] CITY OF VIRGINIA BEACH [Property Owner] Conditional Use Permit (Outdoor Recreation Facility) 2200 Parks Avenue (GPIN 2417880355) COUNCIL DISTRICT— BEACH MEETING DATE: December 6, 2016 ■ Background: The Virginia Museum of Contemporary Art (MOCA), who leases this property from the City, requests a Conditional Use Permit for an Outdoor Recreation Facility. On occasion, MOCA has held events on this City-owned property for both cultural and fundraising events. The events were permitted through the City's Special Events Office; however these events are limited to four permits per year without a Conditional Use Permit for an Outdoor Recreation Facility. The outdoor cultural and fundraising events proposed include outdoor music, and food and beverage service. Up to 16 events per year are proposed, and will include monthly gatherings that feature entertainment, food and beverage concessions, and hands-on art activities for guests. No admission fee for these events is anticipated, and they will be open to the public. Attendees will be encouraged to tour the galleries at no cost, thus enhancing the public's access to art. Anticipated hours of the events will be between 8:00 a.m. and 11:00 p.m. with attendance of up to 500 people. Parking will be provided on-site utilizing the existing 99 paved parking spaces. Overflow parking can be accommodated at the Visitor Information Center's parking lot on Parks Avenue. In the past, MOCA has obtained permission to use the parking lots of the nearby office building at 600 22nd Street. 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. ■ Considerations: The proposed Conditional Use Permit request for an Outdoor Recreation Facility is consistent with the land use policies for the Resort Area Strategic Growth Area of the Comprehensive Plan, as it provides and enhances cultural activities at the museum and within the resort area. The majority of the parking for the events can be accommodated on-site, and MOCA has developed a parking strategy for Virginia Museum of Contemporary Art Page 2 of 2 the large fundraising and cultural events that require additional parking spaces. The fundraising events proposed help ensure the continued success of the facility and the sustained opportunity to provide cultural opportunities to both residents of and visitors to Virginia Beach. Staff recommends approval of this request subject to the conditions below. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1. Prior to each event, the applicant shall contact all appropriate City agencies as required including: Fire Marshal Bureau, Police Department, Commissioner of Revenue, Zoning Department and Health Department. 2. No less than one trash receptacle per 1,000 square feet of area shall be provided. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall be not be allowed to accumulate. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Meeting Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De• • • en Agency: Planning Department 3EpidyyzFrA44 City Manager: 14, Applicant Virginia Museum of Modern Art Agenda Item Property Owner City of Virginia Beach Public Hearing November 9, 2016 City Council Election District Beach 2. Virginia Beach r Request / a, �4, :,,^,,re` TanaLer Tra0 W e Conditional Use Permit (Outdoor Recreation APL: �+ ,61'„`..` ,,,,;n wa 7,m x,.., s Facility) �° z T.Had We., BWebed MM O lA ' ?, •� 7A S ” Staff Planner ' tu,, "4; v „rd' e g f. 6,�efe' r ,«d5 Jonathan Sanders n APLL / . . 1„""` th s"d` :!3.: 70,7 " lo l* 65.70 dB DNL Location tt, I y 76. 3 1. 2200 Parks Avenue r s z„ms'''' , '75 dB ONL .Fy _ ,ATM x,•` GPIN 2417880355 v"n�a� C+ver Avenue yc Site Size .oan P.rkw.y t i. ? 9.617 acres AP2, ,''b," ,A.,,,„„,., 4„,,, 3 AP12 n °d WV AICUZ ,a.,,a,an. 2 ..., ,a,�W° n u 70-75 dB DNL • ' — 'tl ` "4. ••• A A Existing Land Use and Zoning District •,., 1. = -. ,, Museum/P-1 Preservation • A -, t IAA;7-47.,. , . - k ." pSurrounding Land Uses and Zoning Districts ' +46.""/ s ;North24th Street ' Marsh/P-1 Preservation , c . . " South =+ ,,E ,• .. t *g;'0 , 22nd Street/Interstate 264 ;'s ' ,, ,‘ t%aw iv Visitor's Center/OR Oceanfront Resort ! t East !! , " _1 �"' ';, Parks Avenue ` ` �—� `'i„�'`, Single-family dwellings, gas station R-5S Residential, OR Oceanfront Resort y.,, , „, 1, West ii. 't .; -. ' - = Single-family, duplex&townhome dwellings/ , R 5D Residential, R-7.5 Residential, A-18 j Apartment Virginia Museum of Contemporary Art (MOCA) Agenda Item 2 Page 1 Background and Summary of Proposal • The Virginia Museum of Contemporary Art (MOCA) has requested a Conditional Use Permit for an Outdoor Recreation Facility. MOCA currently leases the property from the City. MOCA has previously obtained Special Event Permits on several occasions; however, Special Event Permits are limited to four permits per year. MOCA would like to increase the number of events beyond four per year;therefore, a Conditional Use Permit for an Outdoor Recreation Facility is requested. The outdoor cultural and fundraising events proposed include outdoor music, and food and beverage service. • Up to 16 events per year are proposed, 12 of these events will be MOCA Nights, a monthly gathering that features entertainment,food and beverage concessions, and hands-on art activities for guests. No admission fee for these events is anticipated, and they will be open to the public. Attendees will be encouraged to tour the galleries at no cost,thus enhancing the public's access to art. House of Blues, Brews and Stews is an annual fundraiser which has historically occurred on the first Sunday in November. This event has had live bands on the lawn,food and beverage concessions, and a tented area to provide cover from the weather. • Anticipated hours of the events will be between 8:00 a.m.— 11 p.m. Based on previous events,the number of attendees anticipated is between 50 and 500, depending on the event. • Parking will be provided on site utilizing the existing 99 paved parking spaces. Overflow parking will be accommodated at the Visitor Information Center's parking lot on Parks Avenue. In the past, MOCA has obtained permission to use the parking lots of the nearby office building at 600 22nd Street. 8-2' b R-5S R4'!5 :.5 Ri5 Vi-SS / 1 d Sir 1it R' d s�tgei -,5aa. �R Zoning History .. ' ` R • # Request r • ' 1 - P` 1 STC Approved 09/11/2007 T3IJ r t 2 CUP(Communications Facility)Approved 07/09/1996 A-18 '�J OR O 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 Virginia Museum of Contemporary Art (MOCA) Agenda Item 2 Page 2 Comprehensive Plan Recommendations This site is located within the Resort Area Strategic Growth Area.The Resort Area Strategic Action Plan, adopted in 2008, is the master plan prepared for Strategic Growth Area 8 and identifies the potential for three distinct yet complementary districts at Laskin Gateway, Central Beach and Rudee Marina.The Plan provides a vision for enhancing the energy at the beach into these three areas by developing synergies between the cultural and commercial life,the recreational and the natural life, and an overall focus of drawing residents and visitors into the area. Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay watershed.There do not appear to be any significant cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 22nd Street 9,096 ADT 1 14,800 ADT'(LOS 2"C") No Data to Report 27,400 ADT'(LOS 2"E") 'Average Daily Trips 2 LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) 22nd Street in is considered a four-lane, one-way minor urban arterial.There are no roadway CIP projects slated for this area. Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation The proposed Conditional Use Permit request for an Outdoor Recreation Facility is consistent with the land use policies for the Resort Area Strategic Growth Area of the Comprehensive Plan, as it provides and enhances cultural activities at the museum and the resort. The majority of the parking for the events can be accommodated onsite, and MOCA has a parking plan in place for large fundraising and cultural events that require additional spaces. The fundraising events proposed help ensure the continued success of the facility and the sustained opportunity to provide cultural opportunities to both residents of and visitors to Virginia Beach. Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. Prior to each event,the applicant shall contact all appropriate City agencies as required including: Fire Marshal Bureau, Police Department, Commissioner of Revenue, Zoning Department and Health Department. Virginia Museum of Contemporary Art (MOCA) Agenda Item 2 Page 3 2. No less than one trash receptacle per 1,000 square feet of area shall be provided. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall be not be allowed to accumulate. 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 Museum of Contemporary Art (MOCA) Agenda Item 2 Page 4 Sample Site Layout— A am s V } a m a. 0.. c 'u °o oQ W u c E E x w a E m m Y cl 3 u 2 .. 2 a m " .. t 7 r- a Li . QQQL ofr a. r 4 yp ♦ 1 a� t • 7 4 � • �` '" '` t r ♦ 4 r -- `4, X - t, m., •� T t � .` ~ ' ` ,< YC ' t l 4,-,,,, -• �a ;,, et cc .7* zk~ ,:k - e' : msas 1rr '/40. +4 *4Ake .I. r- I r . / - -°t WiV" , raM ..s t i.+� I.' rl ' "" - .+ fr . tsr' cw / y}P Virginia Museum of Contemporary Art (MOCA) Agenda Item 2 Page 5 Sample Site Layout— B I • .to. ii LA u� o > c E e Y O mt.Jr0 r • • y p.e i b Al , \ ^♦. x.* i . 4 tu U. ' --..t,17.,,,.., Ta. , . Io j. • I ,..,4 c, I ! Hta 111 4,‘,„ €a tr# .1t �.► r '' y : ,.- 4 ,.. . . .. + � l� ' x': $. tom _-'11F?.:4-,„.... .— '. �' ir°af +-F• .r Virginia Museum of Contemporary Art(MOCA) Agenda Item 2 Page 6 Site Photos J/r {,. µy�; N41. . _, ,.,, .__ ,ti r r - r .4` 1111.1111111► '- - pt , _.. ,. as a.a. ._,-. IP • w Virginia Museum of Contemporary Art (MOCA) Agenda Item 2 Page 7 Disclosure Statement Virginia Beach APPLICANT'S NAME Virginia Museum of Contemporary Art(MOCA) 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 F L'ft 1;I, USF ON'_1i 11 +,5�i;:� ., , � �. ,il'=. t•r Page 1 of 7 F.PP[ICAN' NOTIFIED OF HEARINC 1.4, NO CHANGES AS OF 1 i6— JS Jonathan Sanders 1 0 RE ISIONS SUBP ITTFD Virginia Museum of Contemporary Art(MOCA) Agenda Item 2 Page 8 Disclosure Statement NB Virginia Beach 0 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:see below If an LLC, list all member's names: Virginia Museum of Contemporary Art(MOCA) If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) See attached list of Trustees (8) 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 footnotest and 2 4 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 0 Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. o 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:_City of Virginia Beach If an LLC, list the member's names: Page 2 of 7 Virginia Museum of Contemporary Art(MOCA) Agenda Item 2 Page 9 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 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 operatedon 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 Museum of Contemporary Art(MOCA) Agenda Item 2 Page 10 Disclosure Statement APPLICANT Virginia Beach YES NO I SERVICE PROVIDER(use additional sheets if needed) 1 Accounting and/or preparer of Cherry Bekaert your tax return 222 Central Park Ave.VB,VA 23462 I5<I Architect/Landscape Architect/ ',`' Land Planner © Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed C ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) VAI 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) El Legal Services Real Estate Brokers/ • a Agents/Realtors for current and anticipated future sales of the subject property 1 0 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have vl an interest in the subject land or any proposed development J �I contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia Museum of Contemporary Art(MOCA) Agenda Item 2 Page 11 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application._.gJ 1g��, li6o Debi Gray 6114/6 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Virginia Museum of Contemporary Art(MOCA) Agenda Item 2 Page 12 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if _ needed) ❑ n Accounting and/or preparer of l," your tax return ❑ ❑ Architect/Landscape Architect/ Land Planner ❑ © Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed C © purchaser of the subject property (identify purchaser(s)and purchaser's service providers) EIID Construction Contractors ❑ ixj Engineers/Surveyors/Agents Financing(include current 111 `� mortgage holders and lenders `I selected or being considered to provide financing for acquisition or construction of the property) ❑ ® Legal Services Real Estate Brokers/ ❑ 11 Agents/Realtors for current and anticipated future sales of the _subject property ♦ • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NODoes an official or employee of the City of Virginia Beach have n n an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? John Uhrin, City Council Preston Midgett,Appointed Commmissioner for the Resort Activity Commission(RAC) Page 6 of 7 Virginia Museum of Contemporary Art (MOCA) Agenda Item 2 Page 13 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 111410 —1) CIA qty 1� PRO' RTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Virginia Museum of Contemporary Art(MOCA) Agenda Item 2 Page 14 Disclosure Statement VIRGINIA MUSEUM OF Preston Midgett CONTEMPORARY ART Katherine Moore BOARD OF TRUSTESS John Overton August 2016 Madelyn Reass EXECUTIVE BOARD Howard Rodman Meredith Rutter,Chair Larissa Trinder Andrew Hodge, First Vice-Chair John Uhrin Scott Duncan, Second Vice-Chair Kim Wheeler Mark Nelson,Treasurer Christopher Crowder,Secretary HONORARY TRUSTEES David Durham, Immediate Past Chair Jane P.Batten E.M.Terry Hardee III,At-Large Macon Brock Mike Matacunas,At-Large Uschi Butler Debi Gray, Executive Director William Campbell TRUSTEES Barbara Fine Nancy Arias Janyth G. Fine Mary Anne Kellam-Canada Barbara Fleming Carrie Coleman Suzanne T. Mastracco Alex Divans Valerie Neff Pace Frizzell Ed Power Susan Grube Rod Rodriguez Staci Vella Katsias James H. Spruance Kay Kaufman Robert L. Stein Eden Jones Linda S.Taylor Ross Legum 2016-2017 MEETING DATES: February 10,2016 February 8,2017 April 13,2016 April 12,2017 June 29,2016 June 28,2017 August 10, 2016 August 9,2017 October 12,2016 October 11,2017 December 14,2016 December 13, 2017 Virginia Museum of Contemporary Art(MOCA) Agenda Item 2 Page 15 Item#2 Virginia Museum of Contemporary Art(MOCA) Conditional Use Permit 2200 Parks Avenue District 6 Beach November 9, 2016 CONSENT An application of Virginia Museum of Contemporary Art (MOCA)for a Conditional Use Permit(Outdoor Recreation Facility)on property located at 2200 Parks Avenue, District 6, Beach. GPIN: 2417-88-0355- 0000. CONDITIONS 1. Prior to each event,the applicant shall contact all appropriate City agencies as required including: Fire Marshal Bureau, Police Department, Commissioner of Revenue, Zoning Department and Health Department. 2. No less than one trash receptacle per 1,000 square feet of area shall be provided. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall be not be allowed to accumulate. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 2. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 2 for consent. Jennifer Golden appeared before the Commission on behalf of the applicant. ‘ - \---- \--3 1 - - • ,, 1. 1, oo 0 ' %,. \s''' 1111112 '' ) 100 1 611F <> 111PP _ 4.„,,..r.- 1 \----6 fr.„ 0 j�-�LI .0. ; , Az ..o/ ,:. s d 0. A* _ .1... ilk .".„ EY i litt'C'illir 41111z{�j 1° El ik litor.)06' * , i ID MD t r 4(.3 aU . lk \ ,...\11111.11. \IX ) 0\70\ it-- re \Ii4., vgral7 .\iriel k.-- --7 ' \47:.'''''''' CO .? * 4,1', ,.:;0°5?) - % _ , I I% '.'.- .�.s T I a. • rem. •sr +J�i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MCQ BUILDERS, LLC [Applicant] ANNIE JONES HARRIS, JAMES C. & CATHERINE HARRIS, HOLLIS ROAD ASSOCIATES, LLC [Property Owners] Conditional Change of Zoning (R-10 Residential District to Conditional PD- H2 Planned Development (A-12 Apartment District Overlay)) 4732, 4712, 4708&4704 Indian River Road (GPINs 1474090407, 1474090287, 1474091138 & 1474092019). COUNCIL DISTRICT— CENTERVILLE MEETING DATE: December 6, 2016 • Background: Portions of these four parcels have been used for agricultural purposes, an auto repair operation and single-family dwellings. This is a request to consolidate and rezone 4.37 acres of residentially zoned property to Conditional PD-H2 Planned Development (A-12) in order to construct 29 townhouse-style units in a condominium form of ownership. Each of the minimum 1,350 square-foot dwellings will have a one-car garage. The proffered elevations depict the first floor with a brick exterior and a mix of neutral- toned horizontal and vertical siding. As 1.71 acres of the site is set aside on the proffered plan as Indian River Road (Proposed), the proposed 29 townhouse-style units on 2.66 acres yields 10.90 units per acre. Under the existing R-10 zoning, the 2.66 acres could likely yield up to 7 units or 2.63 units per acre. The main entrance is proposed off of South Indian River Road. As there is an existing one-foot no ingress/egress easement along Independence Boulevard, following the Planning Commission's recommendation, the plan has been revised to depict an emergency only connection along this right-of-way. • Considerations: Staff was compelled to recommend denial of this request for several reasons. First, Sections 1123 and 1124 of the Zoning Ordinance require a minimum tract size for PD-H2 developments of five acres, unless there are special circumstances to offset the deficiency, and that the land use plan show how the proposed development provides a public benefit by the rezoning of the property to a PD-H2 District. Staff does not believe that the proposal passed either test. Second, the vast majority of the properties in the vicinity are zoned R-10 Residential District, with a density of no more than three units per acre. Staff suggested that the applicant consider one of the R-5 zoning districts as a compromise between the existing R-10 zoning on the property and the proposed PD-H2 (A-12). With an R- McQ Builders, LLC Page 2 of 2 5 zoning, likely up to six units per acre could be achieved. As proposed,the density will be 10.90 units per acre. In Staff's view, the R-5 lots and dwellings would be compatible and comparable with those adjacent in Glenwood, and open space opportunities for the future residents would be enhanced. The Planning Commission determined that with the imminent realignment of Indian River Road, these four properties will be "cut off'from the Glenwood neighborhood and will form an island. Based on this, the Commission determined that the rezoning and the resulting higher density will not negatively impact the surrounding properties. Further details pertaining to the request, as well as Staff's evaluation of the application, are provided in the attached Staff report. There was no known opposition to this request. • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 10-1. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffer Agreement Recommended Action: Staff recommends Denial. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department tbov,, 1 City Manager: 411) 1 I�►�L,. \fi3Applicant McQ Builders, LLC Agenda Item Property Owners Annie Jones Harris, James C. & Catherine Harris, Hollis Road Associates, LLC D3 Public Hearing October 12, 2016 Virginia Beach City Council Election District Centerville Request Conditional Rezoning (R-10 Residential to Conditional PD-H2 Planned Development (A- ��o¢ a 12)) "'��^ ,o 14 s ‘,0"'woe O1`� raid Staff Planner - , 0b'' Carolyn A.K. Smith a „�Qoe^ es�e �$ pp� V�O`O;Ne A pW�,n Location a 0 4732,4712,4708 &4704 Indian River Road pboe,l.ne 2 GPINsr o 1474090407, 1474090287, 1474091138& a 1474092019 a n N\¢to, Site Size z 4.368 acres 90'14�.`o."¢ AICUZ Less than 65 dB DNL Existing Land Use and Zoning District Single-family dwellings/ R-10 Residential Surrounding Land Uses and Zoning Districts 11 North • r" w �4t4,, • Single-family dwellings/ R-10 Residential �,, , ...I- cy 'O � •, South r Independence Boulevard 1'i, o Single-family dwellings/ R-10& Conditional R- 4 - friP �k+'s-;- f 1` 10 Residential . t�ai,e East ., +-- ,, Single-family dwellings/Conditional R-10 o��‘c�2`'' Residential �ry11 ci`a�..cZ r West ��.dep **4 Indian River Road ,to ir Stumpy Lake/P-1 Preservation McQ Builders, LLC Agenda Item D3 Page 1 Background and Summary of Proposal • Along with three single-family dwellings, over time, portions of these these four parcels have been used for agricultural purposes as well as a trucking and auto repair operation. The Phase I Environmental Site Assessment recommends that a Phase II be conducted to determine if these former uses have impacted the soil. • The four properties, zoned R-10 Residential District, are developed with two single-family dwellings, a vegetable stand, a barn and gardens. • This is a request to consolidate 4.37 acres of residentially zoned property to Conditional PD-H2 Planned Development (A-12) in order to construct 29 townhouse-style units in a condominium form of ownership. As 1.71 acres of the site is set aside as a 'reservation' on the proffered plan as Indian River Road (Proposed),the proposed 29 townhouse-style units on 2.66 acres yields 10.90 units per acre.The method of density calculation differs in cases of'reservation'versus 'dedication.' In cases where the applicant 'reserves' an area of a site needed for the right-of-way of a future roadway,that area is not included in the calculation of density.This is due to the fact that a reservation requires that the City purchase the area from the applicant (property owner) at fair market value in the future.The reservation area still has market value, and, should the City not exercise its option to purchase the reserved area within five years,the property owner has the ability to request further development of the area.When, however,the applicant 'dedicates'the area of the site needed for the right-of- way located within the alignment designated for a future roadway,the property is conveyed to the City for the roadway should the rezoning be approved, and all subsequent plans are approved. Accordingly,the area of the dedication is included in the calculation of density for the full site. In this case, if the Indian River Road (Proposed) area was dedicated, the area would be included in the calculation of density, and the corresponding density would be 6.63 units per acre. Under the existing R-10 zoning,the 2.66 acres could yield up to 7 units or 2.63 units per acre. • Vehicular ingress/egress is proposed via South Indian River Road and Independence Boulevard; however,there is an existing one-foot no ingress/egress easement along this portion of Independence Boulevard. • A Category VI landscape buffer is proposed along the realigned Indian River Road,which includes a solid fence with a minimum height of six feet with evergreen shrubs on the outside of the fence. Plantings (large shade trees and ornamental trees) and a berm are depicted on the proffered plan along Independence Boulevard. Large shade trees are depicted along South Indian River Road. • The applicant proposes to meet the PD-H2 open space requirement with green space that surrounds the stormwater management ponds and the linear space along Indian River Road (proposed). • Each of the minimum 1,350 square-foot dwellings will have a one-car garage. The proffered elevations depict the first floor with a brick exterior and a mix of neutral-toned horizontal and vertical siding above. Architectural 25-year roof shingles and accents of vinyl shake are proposed. All fascia and soffits are proposed to be maintenance-free vinyl or metal wrap. Each unit will have a 100 square foot patio encompassed by a privacy fence. McQ Builders, LLC Agenda Item D3 Page 2 \ \ R/10 / '• �' if AIN --I 10 ,,,,,, / v4, as ,. \` R--1,0 ,.V % Zoning History 1R-.i ' ,_ S— # Request R- 0 ; `e0' 1 MOD(Proffers)Approved 12/20/2005 P-1" /R 1!:� gerAlt CRZ(R-10 to Conditional PD-H2 (R-10)Overlay) Approved 12/14/2004 1 x=10* AO" N. R-10 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 as being within the Suburban Area. Guiding planning principles have been established to guard against possible threats to the stability of the Suburban Area and to provide a framework for neighborhoods and places that are increasingly vibrant and distinctive.This is accomplished by providing planning guidance that ensures appropriate and sustainable use of land,the protection of natural and designed open spaces as I well as places and buildings or cultural and historic significance, and the provisions of utilities,transportation, and services adequate to meet existing and future needs. The primary guiding principle for the Suburban Area is to create"Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. To achieve this objective,the Plan recommends that development in the Suburban Area be a careful mix of land uses that contributes to the day-today life of our residents; incorporate site and building design that is visually interesting, encourages greater social interaction, and provides a memorable character; and encourage compatible infill development. Natural and Cultural Resources Impacts The site is located in the Southern Rivers watershed. There do not appear to be any significant natural or cultural features associated with the site. McQ Builders, LLC Agenda Item D3 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Indian River Road 15,650 ADT 1 13,600 ADT 1(LOS°"C") 16,200 ADT (LOS 4"E") Existing Land Use 2-132 ADT South Independence Boulevard 8,030 ADT 1 13,600 ADT 1(LOS 4"C") Proposed Land Use 3-219 ADT 16,200 ADT 1(LOS 4"E") 1Average Daily Trips 2 as defined by 4.4 acres of Sas defined by 29 condominium units 4 LOS=Level of Service R-10 zoning Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Indian River Road is a two-lane minor suburban arterial roadway with a varying right-of-way width of 60 to 70 feet.The MTP proposes a divided four-lane minor arterial with an ultimate right-of-way width of 145 feet. Indian River Road Phase VII (CIP 2.256.000) is in the vicinity of this site and will affect this site. Indian River Road Phase VII will provide a four-lane divided roadway in the 145-foot right-of-way just east this parcel. This section of roadway will be a four-lane divided arterial roadway from Lynnhaven Parkway to Elbow Road. Construction is currently scheduled to start in January 2025. The current Indian River Road will become a two-lane collector. South Independence Boulevard is a two-lane minor suburban arterial roadway with a varying right-of-way width of 100 to 200 feet at the intersection of South Independence Boulevard and Indian River Road. The MTP indicates a divided four- lane minor arterial with an ultimate right-of-way width of 110 feet. There are currently no funded CIP projects scheduled for this segment of South Independence Boulevard. Public Utility Impacts Water This site must connect to City water. There are two existing 5/8-inch meters (City ID#95101221 and#95059919)which may be upgraded to accommodate the proposed development. Sewer City sanitary sewer is not available. Gravity sanitary sewer is located approximately 600 feet to the east of the site along South Independence Boulevard, but can potentially be extended to serve the development. A private pump station and force main connection is another option available to provide sanitary sewer service to the property. School Impacts School Current Enrollment Capacity Generation 1 Change 2 Glenwood Elementary 898 945 7 4 Salem Middle 1,044 1,070 3 1 Salem High 1,726 1,938 4 1 "Generation"represents the number of students that the development will add to the school. 2"change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). McQ Builders, LLC Agenda Item D3 Page 4 Evaluation and Recommendation Section 1123 of the Zoning Ordinance requires a "minimum tract size for PD-H2 developments"of five acres. Section 107 (i) permits City Council to deviate from minimum standards, and in this specific case, to lot area requirements (less than the five acre minimum for PD-H2 zoning) provided that special circumstances pertinent to the site or the proposed conditions of the rezoning adequately offset the negative effects of the deficiency, and "upon a finding that there be no significant detrimental effects on surrounding properties..." Under the existing R-10 zoning,the 2.66 acres could yield up to 7 units or 2.63 units per acre. The surrounding properties are primarily zoned PD-H2 (R-10) and R-10 Residential District (see Zoning Exhibit on page 10 of this report). This equates to an underlying density of no more than three units per acre,which is consistent with the existing zoning on this property. While many of the actual lot sizes in the adjacent Glenwood neighborhood are approximately 6,000 square feet,the amount of open space set aside when the property was rezoned resulted in an overall density of three units per acre- hence the zoning category of PD-H2 (R-10). Based on the small lot sizes in Glenwood, Staff suggested that the applicant consider lots of comparable size as a compromise between the existing residential zoning and the proposed multi-family zoning. With a rezoning of these properties to one of the R-5 zoning districts, up to six units per acre could be achieved, resulting in 16 units on the property. In Staff's view,these lots and dwellings would be compatible and comparable with those adjacent in Glenwood, and open space opportunities for the future residents would be enhanced. Also, Section 1124 of the Zoning Ordinance states that the land use plan must show how the proposed development provides for a public benefit to be gained by the property being developed in a PD-H2 District. This includes the amount and type of open spaces and recreational facilities, amenities for residents, etc. The applicant proposes to meet the PD- H2 open space requirement with limited green space around the stormwater management ponds and the linear space along Indian River Road (proposed). Based on the proposal, it is not clear to Staff how the proposal passes this test. The conceptual layout depicts a proposed access point along Independence Boulevard. This is prohibited as there is an existing one-foot no ingress/egress easement along the entire South Independence Boulevard frontage for access management. Access management, which is a combination of safety and capacity controls to ensure the safe and efficient movement of traffic, has been consistently applied along South Independence Boulevard for this type of vehicular access. Staff recommends that this access be denied as proposed. The Great Neighborhoods described in the Comprehensive Plan encourage compatible infill development. In Staff's view, a rezoning to the R-5 zoning district would be more compatible with the surrounding land uses. The request for a more intense density and building type does not follow the existing pattern of development in the vicinity. This is particularly evident when viewing the zoning map that clearly shows that all property in the vicinity is consistently zoned for single-family dwellings at a density of no more than three units to the acre. For the reasons listed above, Staff is compelled to recommend denial of this request. McQ Builders, LLC Agenda Item D3 Page 5 Proffers 1. The Property shall be used for the purposes and uses permitted in the PDH-2 Zoning District with an underlying A-12 Zoning District. The total number of dwelling units permitted on the Property shall not exceed twenty-nine (29). Each dwelling unit shall contain a minimum of 1,350 square feet of living area, and a single(1)car garage. 2. Grantor shall comply with all reasonable terms and conditions of all City Ordinances related to matters of Public Works, Traffic Engineering, Public Safety, Public Utilities and Stormwater Management. Each unit in the development shall be served by a single and exclusive water service line and meter, and a single and exclusive sewer lateral clean out.These service lines shall be supplied via City standard public water and sanitary sewer mains within an appropriately sized public utility easement located along the private roadway. 3. In order to provide for the coordinated development of the Property,the Property shall be developed in substantial conformity with that certain plat entitled "CONCEPTUAL SITE LAYOUT PLAN OF SOUTH INDIAN RIVER ROAD CONDOS," dated 6/10/16, prepared by MSA(the "Concept Plan"),a copy of which is on file with the City of Virginia Beach, Department of Planning,with regard to layout, ingress and egress, and landscaping. Grantor shall comply with all terms and conditions of all City Ordinances and Guidelines pertaining to landscape design. The landscaping shall substantially conform as depicted in the Concept Plan.Vehicular ingress and egress shall be situated as depicted on the Concept Plan. 4. The architectural design of the residential building will be substantially as depicted on the elevations submitted with the application for rezoning, and have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning("Elevations").The exterior building materials shall be a combination of architectural shingles, a combination of horizontal siding and vinyl shakes and/or board and batten, all units will have first floor brick facades, the garage doors will be Carriage style or coastal style and all fascia and soffit will be maintenance free vinyl or metal wrap. 5. When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia.The Condominium Unit Owners'Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. 6. The areas depicted on the Concept Plan which will not be occupied by residential dwellings, patios (fenced or unfenced), drive aisles, and parking areas are open spaces which shall be utilized as such. 7. 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. McQ Builders, LLC Agenda Item D3 Page 6 Proposed Site Layout f II b. pi E,e. i�,illi: a y 9 T g ;V aavna�oa a _ -"..4'1:11 .� 4 iii1 E ..Es /-''''''.-4:.„...,.:-.1"T" y Ilif y fes. `v } 0-# • 4111NNI b7 like®, gel 6 b .®' .! T Iv. '' . .. # ' Alt ,' l' '' '‘ 'mak---# ,s,' ... - a "i4„,-,!, T.,'. , 11011411111A .. ,,j - ,. '4,0 -. Sit � 11: g9-7, Q \ ®fin 0 \ A ''-: .,, ,., . 40-- 1K,,i;. Fe di ki jkl hi . .„ .,.,:,..„n —kT) v ««iiia,; «_� • e � i'td if �d� ilVia �z � yMM.,g McQ Builders, LLC Agenda Item D3 Page 7 Existing Site Survey MY 111.NVOi WO/V ellt 4'UM 11,11 :•r-• -47,V,i',; '..!rv rrr - 1 ....-.,-.,.,•..4-60-tp.MO-e0-ro.• ,, -' , ..... ell/01 0 Oil 101 0 101'0 101 .: .• ::)•a '*.v.S"1.14 ...... — 1. ..,........ .--....-..– ..... .. --..... -.An.—z—...... ..., „,... ...„.,. , ...„.... 141.90'WW1 AMMO ailliMMIN 1 I NMI .... 11, S.,• , _.... . . -,..,..1;.______ _i____, _ _ %.4" , .. i" i ',l )1 , ... Ili11 W N 5 /4 \ Ill N 41 E1,1 Iltv i 4gt 11 44I t t Rill 1.k* '; fVIII tz a .F li i! Oh -. ---\ ------ — ....... -- I---.. w ._ 0!•;1444* UN 444444 Pe igt.,17! Oa VI 0 it % ' ... ......... - I ''' II hq1119Y1 .!1.1 I C. V1 1131 V j i i f Iii" i• : I kik 111111 Iti r$ 14> t II . .1 1 II u 14 '!. Ai Os 1 , •i-i...; • I(t t 140.ie Oanill°1WV, - - i W II 000 i 1 1 i \ 0 _ i----- .. ' 4...st......,1 i N.• ? a 1 l'Ith . „.i,. ...„.. ., _L. i, A,I +el fill i $ , ' C,1 ml Y1 RiliNe g 1 i ti iPiMti/ il*. el Z° lie*It Phi a 11,, ii tOilit:Ao 1,11 1 'i',-, ............ , ..........- , , ll!.:k ,li 4; tA0 AO* 419 Zit/ Zi.,41 411k11 ION_ Ilt !illPitl*:14 ION '41 *14,Aliklt 11144. 4:4 x k t1-14 .o-,i iihk 11`" Vigil!Mit4iii!g g 2: i . . - gild McQ Builders, LLC Agenda Item D3 Page 8 Proposed Elevation iiiiimii 11:1 -1 .1P4 .Alli ii iii{Iii;,1, iii,` iiiiiiiini ,4iI{.l ' LiI' _ friiii 1 -m ii I , I IHiiiiii ' ' � IP�'�`I�,4,t,- r 1 1, ii M . I --=____:.: 11 AI go oat o \— j.7- , IME IIS F. I ilemeseil I ,, :l't,Ert N1 Unum, 3 e ' ,c 7 1{'�c B.I T s s I I I rTT' A" . , r i �� pi I' 14 $_>5. '111, ,,�, O m Ii o U /=411' I II •_.! $.gt. 1 _= x;2'1 , ,H mm .„5s . . .f 1� pi c `a rn y > � .,meq."_ �t_� — � 1111 llji1 8 a °A 3� 3 s , _. ya = � „ ma� I , I an uo m ?Fq Y 1 ,..1 .iii dill. ]•`m,� rv❑ o.� m i',_1 111' III' is.� F °"u O:2:c2 m m su8 °baGHHQ , ,.--e 9• .. : McQ Builders, LLC Agenda Item D3 Page 9 Zoning Exhibit J 1. z y, R.7S R-75 ..-.. R,p. wit:o -ifJ ' .t-r0 ," R. N z \ r \ ._..','''''''',' :: '- .`_. ':. j'-'\ 1:"5C'44 ' ! , ' s _ ',. . 4 i A:::7-:::14FI , .. . ;y t., . fl - - 'ili l } 1 \ .0„,.. R,p t, r: y r • r . 1, I I - R.rO R-10 R.rp ,a Legend , R,t.) 11111arm Subject Site R_,ry - Zoning Rsn ; Apartment District a..s• R Preservation District R 10 »;.,,' R 5, Residential District R.ts• ' - s McQ Builders, LLC Agenda Item D3 Page 10 Site Photos • • AL it • mito."4"., A 5L, Allit kw. 111111ftimaime 41:- s Mir 4 4 4 - . 4 Q., 11PRee 00,,ett40' - - McQ Builders, LLC Agenda Item D3 Page 11 Disclosure Statement c 001 .\13 Virginia Beach APPLICANT'S NAME:McQ Builders, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Appeals 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 t The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 5 Planning Commission and City Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE. /�� Q NO CHANGES AS OF 11 +�.f. k, DATE. cpixf,/47-" Carolyn Smith ❑ REVISIONS SUBMIT"TED DATE* McQ Builders, LLC Agenda Item D3 Page 12 Disclosure Statement us Virginia Beach C 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;McQ Builders, LLC If an LLC, list all member's names: Joe McCutcheon Henry Frenck 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 t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1 See next page for information pertaining to footnotes and 2 s + SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ® Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. ® Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:See Attached Multiple Owners If an LLC, list the member's names:.Paul Warner(Hollis Roads Associates, LLC Page 2 of 5 McQ Builders, LLC Agenda Item D3 Page 13 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 Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 McQ Builders, LLC Agenda Item D3 Page 14 Disclosure Statement sft, � }a `�. .� 14'". ``. � 4:;•4!«n' ty kk ryl` ..'fit V : fi S k 4 h7 ✓�%. °� i# t, is J1^r," +%c++,. * *' Y*' v�' 4" y ' *n. '* $y '4 '� +s � ��'��� "'`�'` �� +'A 1 k x 1 -e a x . .fin; t i k •v - 9 APPLICANT c Beac • � Vu�inia h YES NO SERVICE PROVIDER(it ded)addlHKt " alsheets if ❑ ❑ Haul Harris Accounting and/or preparer of your tax return ❑ MSA Architect/Landscape Architect/ Land Planner J' -DESIctsI', O Contract Purchaser(if other than ❑ ❑ the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ a purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents MSA Financing(include current CImortgage holders and lenders CI selected or being considered to provide financing for acquisition or construction of the property) Henry C trenck ❑✓ ❑ Legal Services Real Estate Brokers/ Jerry Miller 111 ❑ Agents/Realtors for current and Gallery of Homes 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 McQ Builders, LLC Agenda Item D3 Page 15 Disclosure Statement �....�.- .�.rT.sn(�+siM�ly. . 'i. �J- S�fS >.t4.:. •r�,./ MVO 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, 1 am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meet • • i p F . is body or committee In connection with this A A. iication. AleIe eiliAe'lekleo4/ 4X-744. APPUCANTs SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME I DATE Page 5 of S McQ Builders, LLC Agenda Item D3 Page 16 Disclosure Statement c \ CS OWNER Virginia Reach YES 1 (NO SERVICE PROVIDER(use additional sheets it needed) 11 (�/ I Accounting and/or preparer of your tax return (]ALTER BERRY , CPA J� Architect Landscape/ Architect/ N/A Land Planner Contract Purchaser(if other than I IT the Applicant)-identify purchaser I MCQ BUILDERS LLC and purchaser's service providers Any other pending or proposed purchaser of the subject property n/a Ul (identify purchaser(s)and purchaser's service providers) I 1VI ---IConstruction Contractors n/a nEngineers/Surveyors/Agents 1 Financing(include current X mortgage holders and lenders selected or being considered to Resource Bank provide financing for acquisition or construction of the property) II `tom' Legal Services.__ n/a Real Estate Brokers/ Jerry Miller n (i/1 Agents/Realtors for current and gallery Of Homes real l�J anticipated future sales of the subject property ! estate 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 _ I/A 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 McQ Builders, LLC Agenda Item D3 Page 17 Disclosure Statement _,cc,.,f,r,e,S L - if`n1 V4:.` 1-46W N ER Virginia Beach YES NO I SERVICE I PROVIDER is additional sheets it I EjAccounting and/or preparer of I I your tax return El 'fp Architect/Landscape Architect/ Land Planner Contract Purchaser(If other than the Aonlicant)-identify purchaser ( "C and purchaser's service providers Any other pending or proposed Q fitj i purchaser of the subject property (identify purchaser(s)and purchaser's service providers) I _ nConstruction Contractors Engineers/Surveyors/Agents I Financing(include current D ISI 1 mortgage holders and lenders selected or being considered to 1 provide financing for acquisition or construction of the property) KtLegal Services ' RealEstate Brokers/ _Ae6-i� r{i U Li,- Agefor current and anticipated future sales of the subject property c - SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ 11 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? /f -- — --- — — — — age 6 of McQ Builders, LLC Agenda Item D3 Page 18 Disclosure Statement 71/4B •CY1b\16..- >V\e:3 40.10(13 OWNER Virginia Beach PROVIDER(use aMaual sheets oaIf YES I NO] i SERVICE i `__._ needed) O I541 Accounting and/or preparer of I your tax return O J Architect/Landscape Architect/j Land Planner rid Contract Purchaser nt-ients oy purchan ser t L)1� �L(/ I the Applicant-identify purchaser 1 i and purchaser's service providers 1 Any other pending or proposed Q purchaser of the subject property (identify purchaser(s)and purchaser's service providers) O "ill I Construction Contractors al Engineers/Surveyors/Agents I Financing(include current 0 El mortgage holders and lenders selected or being considered to provide financing for acquisition j or construction of the property) L l l FA I Legal Services 1 —_--- IReal Estate Brokers/ a, 1\A,,I tic I r 7� ,Agents/Realtors for current and I J L25� I 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 Q rjq 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? --------------- ---*114— Page 6 of 7 McQ Builders, LLC Agenda Item D3 Page 19 Disclosure Statement \fl3 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, VBOA meeting, or meeting of any public body or committee in connection with this Application. APPUCANT'S SIGNATURE PRINT NAME DATE 0� 24/0"' HOLLIS RD. LLC ,Partner Michael P wAru y , Partner fj/73/16 PROPERTY OWNER'S SIGNATURE PRINT NAME I DATE . .__.______.------.---,-•—.---- . ---• - — - Page 5 of 5 McQ Builders, LLC Agenda Item D3 Page 20 Disclosure Statement Alp3 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. 6 APPUCANTS SIGNATURE PRINT NAME DATE (i u-.+..r� =v�mss G• >4411 //o y‘. . l/.. ��h-�--- . �Jffrt�ciro. 014)C, 1 ..Irk, ii/P?rlia4 OPER OWNER'S SIGNATURE PRINT NAME 1DA Page 5 of 5 McQ Builders, LLC Agenda Item D3 Page 21 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. _. APPUCANTS SIGNATURE PRINT NAME DATE • X , " 410.A ,Ai i4noie J/ rri 5 ( 1 ,PROPERTY OWNER'S SIG IPRINT NAME I DATE Page 5 of 5 McQ Builders, LLC Agenda Item D3 Page 22 Disclosure Statement Property Owner's Information GPIN:1474-09-0407 Annie Jones Harris 4732 Indian River Road Virginia Beach,Virginia 23456 Phone:757-961-8311 GPINS: 1474-09-0287&1474-09-1138 James C.Harris&Catherine Harris 4712 Indian River Road Virginia Beach,Virginia 23456 Phone:757-471-5067 GPIN: 1474-09-2019 Hollis Road Associates,LLC 2005 Pleasure House Road Virginia Beach,Virginia 23455 Phone:757-460-1961 McQ Builders, LLC Agenda Item D3 Page 23 Item#D3 McQ Builders, L.L.C. Conditional Rezoning R-10 Residential to Conditional PD-H2 (A-12 Apartment) 4732,4712 4708 4704 Indian River Road District 1 Centerville October 12, 2016 REGULAR Jeff Hodgson: Thank you for being patient Mr. Miller. Jan Rucinski: We have reached the end of the line. This is an application of McQ Builders, L.L.C.for a Conditional Rezoning, R-10 Residential to Conditional PD-H2 (A-12 Apartment) on property located at 4732,4712,4708,4704 Indian River Road, District 1, Centerville. Mike Inman: Mr. Miller if you had a deja vu moment. Bob Miller: Yeah, I did. I'm Bob Miller by the way. I represent McQ Builders. Tom Betz and I used to sit about right there. We did this incredibly functional process, we bet a quarter as to what time we would finish based on the agenda. Jan Rucinski: We made them stop betting. Because every time they did it, it would be long. Bob Miller: Judy Rosenblatt got so mad at us because we'd sit there inherently leave it in five minutes of each other or something. It was never right. Forgive us. I am sorry to extend your day even a little bit longer, but anyway, I have with me today the landowners three of the four. Mr. & Mrs. Harris, could you please stand up and wave. You probably can't stand up you've been sitting for so long, and Paul Warner,who sits behind her. Just to let you know,that they are here, part of the reason why I handed out this document and I'll try to cut to the specific comments. Carolyn and I had a lot of fun working on this. I do appreciate it and admire her and even though I don't always agree with her. So,this is one of those ones. If you don't get the plan that I gave you, to paint a picture of the reality of this piece of property. There are four pieces of property here,that are owned by the Harris', one is owned by Hollis Road,which is Paul Warner. These properties are kind of caught in a unique situation. And all of us realize that unique situations present themselves because of public benefits and public things like new roads. And, by the way, Ric Lowman and I were talking and we feel like there is a, and he will speak to this, we are in the process of. We've already contacted Chris Cahoon in Public Works Right-of-way to talk about the purchase of this road,the future purchase of it. So there is a conversation that has begun. So I think they are a little further along in their phasing than 2025,just to let you know. That is a dual effect on us and makes this picture the reality of it and the likelihood of the road being built,the new Indian River Road being built a little bit more, 2025, seems like I keep hoping it's a long ways away. Let me phrase it this way. But 2019, which I think Ric will let you know about in a minute. And just too kind of get things going here, what we did was Joe McCutheons and a few builders and we looked at this piece of property and said, okay, this is going to be very tight. There is a sale price that has to be identified by the Harris's and by Paul Warner, and the number to divide this property and then to work with the City on the reservation. By the way, there was an additional piece, I'm not sure. The Harris Item#D3 McQ Builders, L.L.C. Page 2 Family was Cory Harris or that Elizabeth Harris? Is that similar? Mrs. Harris: Cory and Elizabeth Harris. Bob Miller: Who owned other property,which was also dedicated as part of the Hollis Road,when Paul Warner bought property from the Harris Family. The Harris Family has been in this area at least 70 years. Not these two young people, but other people in the family, and have owned this property so this is not something that they sat around and said okay we'll speculate on this. And certainly it is a very important piece of property to them and to their family. So, we looked at this and said, okay, what makes the best sense? And the best sense is to do something that creates a neighborhood just exactly what Carolyn has said. And I'm 100 percent in favor of neighborhoods. This piece of land across the street on Old Indian River Road is Stumpy Lake, which is a golf course and an environmentally reserved area, hundreds of acres of property. The elevation, by the way, of this land is about elevation 10 and the ground water is six feet down and Stumpy Lake is at an elevation of about 4. Not today, I completely understand that but on most days that is what the elevation of Stumpy Lake is. Now the idea of making this a condominium neighborhood,was to be able to support that neighborhood with a Homeowners' Association, with the restrictions and covenants. I know you just went into Castleton and I was sitting here thinking, I'm going to say the same thing again and,you all are going to look at me like, "well, it didn't work there", but I think that is one of the things that has been a concern to several Council people is to make sure that when we set up these communities, we set them up right and a few builders understand that the covenant and restrictions will be inclusive of the Homeowners' Association in making sure there is an economic model that manages this process,this project. But also going back to the uniqueness of it, it is a piece of property that, again, that says to me this wants to be a community and it cannot be a community adjacent to another community. There is no adjacent community. To say it is adjacent to Glenwood,you still got to get across a 145-foot right-of-way, and to say it is adjacent to the other parts of Indian River Road, without disrespect, it is not. There is nothing on the side towards Stumpy Lake. And the idea of a neighborhood to me is connectivity. One of the things that is going on new Indian River Road is the multi-purpose trail, so we would obviously have a way to get to that. When you build new Indian River Road, okay that is Public Works, I don't like their math because it doesn't show it as dramatically as the drawing I've put out to you. It is not because they didn't do a good job of drawing the drawing. I would point at it,for some reason I'm not able to. Just a couple of points and I'll make these points as loud as I can. With the four lane road that would go there,this will phase, and I think Ric will support,we think is going to be a two lane road that goes all the way through, and because of the amount of money available right now,they will get more funding to finish up the four-lane road, which is not unusual. Old Indian River Road is a cul-de-sac. One of the suggestions that we had in discussion,just in discussion, was we would ask this even be closed and that this just be an egress/ingress easement into here, leaving other lands available,. Now, I don't want to misrepresent that. Obviously, it would leave lands available in one location that is not available to a lot of people in Glenwood, but potential but certainly this community and maybe a few other people that would be coming down. The reason why we put an exit out on Independence,was, I felt like, that for safety reasons we needed to have two entrances and exits. And again, talking to Ric, he said we could give the Fire Department obviously the pavers,grass area, and we could look at doing that but this piece on Independence once new Indian River is built, is only bringing a little bit of traffic, not near the traffic you have there now. I've been out there and you're exactly right Jan. I'm not going to argue about that. They need a traffic signal at Independence and old Indian River Road. Ultimately, I believe there will be a signal at new Indian River Road and Independence. Unfortunately,timing and perhaps priorities is just Item#D3 Mc4 Builders, L.L.C. Page 3 not to get one in there right now. But it really needs to be because there is a lot of traffic that is trying to make either a left turn to go up to Elbow Road,or now trying to make a right turn and head towards Kempsville, and so forth coming down Independence. But that piece of Independence and what's left of old Indian River Road becomes really a residential,very secondary street. We cannot access new Independence so we do have to access old Indian River, and then we chose to show this connection to new Independence. I'm trying to rush.The other thing is that the units, we will use a coastal design and they will have single car garages. The garages will be in the covenants that they have to stay garages. It part of,and we understand that in the old days we used say they would be garages forever, and they weren't. Open space. Well that's the architecture. It will be brick and maintenance-free siding, 25-year roofs and soffit and other finishes along that line will be done either with vinyl or metal clad, so they will be maintenance free. Open space. Let me go back to that. We have own open space adjacent to new Indian River Road where there is some greenway and paths we were just talking about. It is at the corner of Independence and Indian River.There is open space there. We kind of circle the entire property with open space trying to think that would be to the best benefit to the neighborhood. Not trying to stick something in the middle of everything and obviously and then still be able to retain the units. I had a conversation about going to R-10 or R-5.The frontages, in order to get R-10,you got to have 80 foot frontage, and we end up 450 feet on Indian River Road, so literally we would get five units or six units at the most. I think five. And them on the back on the far end, if you look at that picture again,you can see down this piece. I wouldn't be able to get lots down here on R-10. R-5 does the same thing. We won't get 16.We physically might get as many as eight or nine. And then the bottom line to this is that it is kind of an island all by itself. I am all out of time? You don't have any more? You didn't pay enough to pass this time? Anyway,the bottom line is we are a leftover piece of land. It's not that it is not very important to these families and to this part of the community. It is a neighborhood. It is sustainable. We could do this with the townhouses. I don't believe if you put nine or ten houses in there,that you have a neighborhood,you don't have a neighborhood. You just have a matter of ten houses sticking out by themselves.With that I will try to answer any other questions. I am sure I didn't cover something. Jeff Hodgson: Are there any questions for Mr. Miller? Ronald Ripley: So Independence Boulevard in front of this property will become more of a secondary road now? If you're traveling down Independence, I guess there will be a traffic light at this? Is this a traffic light intersection when you get to Independence and Indian River? Jan Rucinski: Ric Lowman is here. Ronald Ripley: Okay. But you can go through there and go on down to Elbow.Will that change? Bob Miller: No, I think ultimately the east end. Now I have another client down at the east end. Ric do you know if east end is cul-de-sac'd? I don't know if the east end gets cul-de-sac'd or not.The main road goes actually at Elbow and at the current location of Indian River Road,where it comes in from Pungo because it makes that"L"that goes down. Ronald Ripley: I believe that Elbow Road is going to be reconfigured so it ties into the south? Ric Lowman: I believe it does get cul-de-sac'd all the way down at the end of Elbow. Item#D3 McQ Builders, L.L.C. Page 4 Ronald Ripley: Okay. Ric Lowman: There is one more connection through there at the midpoint that will connect to you from old Indian River up to new Indian River. I forgot what the name of the street is. Ronald Ripley: But would traffic flowing down would have any reason typically to go through, back down Independence Boulevard and along the lake? Ric Lowman: No. What Jan's concern was is yes,that traffic is going to go away. It is going to turn left at the new Indian River Road to go in the new direction rather to come all the way down towards the lake. Ronald Ripley: And there will be a traffic light at this intersection? Ric Lowman: Yes. Ronald Ripley: So the traffic concern you had after this is down might improve it? Jan Rucinski: But here is part of my concern. So, let's say that the new Indian River Road doesn't go in 2025 or whatever. We are adding more congestion on Independence Boulevard and Indian River Road intersection that currently exists by them having this ingress/egress on Independence Boulevard. Ric Lowman: I can explain the schedule. As I was reading that this morning,the 2025,that was the schedule before, I think, Public Works changed things up, so I went back to the office after we talked this morning, and we actually split it into two phases. So, Phase 1 is going to be Indian River Phase 7A. We're going to build two lanes of the four lanes.That project will start in 2019. Construction will start in 2019 and it scheduled to be completed in 2021. So, the concern is that until 2021,the old Indian river Road will be cul-de-sac'd. Because obviously that is going to be the last thing you do is cul-de-sac the road. So, once that road becomes cul-de-sac'd in 2021,then the Independence issue would be less of an issue. But, until that point,you're right,there is an issue there and that access point will exacerbate, so after 2021, as scheduled,the Independence issue may go away and they may come back for an entrance to Independence at that point. Jan Rucinski:That is what I was just ding to ask. Is there a way to say that there is no entrance onto Independence at this point in time? Ric Lowman: We could talk to them about that. You could ask them to make that a proffer if that is what you decided to do. The other thing, as Mr. Miller pointed out,was that the secondary access point, if he is worried about that for fire,they could design it so that it kind of cul-de-sacs there or ends before Independence, and they could use reinforced turf to satisfy the Fire Department. So, if the Fire Department needs a secondary access point,they could drive over the grass which would be rated for the fire equipment. Jan Rucinski: Have they talked to the Fire Department? Do they need a second entrance? Item#D3 McQ Builders, L.L.C. Page 5 Ric Lowman: I don't know what the rule is for that, but, I think, it was 35 units. Bob Miller: I did not do that. In our conversations with Carolyn,that's the only reason why I gave in and certainly what Ric just said, I think I indicated that in my presentation but I might have missed it was that we would be willing to do that. We'll do the fire access point and they use a gate that they actually control and so you're not allowed,you just wouldn't be able to drive in and out of there. We wouldn't be able to drive in and out, which is fine. I was not worried about our traffic as much as you are. Forgive me about that. But my main reason for the secondary entrance was too be able to have, and I'm anticipating the Fire Marshal saying, I want to be able to get into this development. But that would satisfy with a gated grass access,what he is talking about. We would put pavers on the ground and put grass on top of it. We've done it in lots of locations. Bob Thornton: Is Independence now four lanes all the way to old Indian River or only half built? Bob Miller: It is only 10 miles. Bob Thornton: It is two lanes. And all this happens there is not a whole lot of likelihood that the second part of Independence from the two roads will be put in willingly? Bob Miller: It will be put in north of there. Bob Thornton: But not between the new Indian River and the old Indian River? Ric Lowman: No sir. It is going to stay just like it is. Bob Thornton: So,there will be no median.There will be no way not to make a left turn into this from either direction on the two Indian Rivers. Bob Miller: What I just say though that I am agreeing to get that entrance as not an entrance in and out of this community,which is what I think Jan was stalking about. Bob Thornton: Yea. Okay, but at some point as you mentioned earlier the traffic is going to be diminimus. Bob Miller: We can look at it at that time. Bob Thornton: Yeah. Jeff Hodgson: Are there any other questions? Mike Inman: Do you have any way of telling us really what impact 29 townhouse occupants would have on contributing to the congestion that apparently occurs at this intersection during high traffic times? Ric Lowman: It's 29 homes. It is a minimal amount of traffic. Really what you have to take a look at is what it is zoned for now,what the by-right zoning generates versus what is going to be generated by 29, so the impact of 29 new townhomes. And townhomes, they generate traffic at a lower rate than single- Item#D3 McQ Builders, L.L.C. Page 6 family homes would anyway, so, it is in the report I believe what the differences are. Mike Inman: Okay. So thank you. Ric Lowman: Sure. Jeff Hodgson: Is there anybody else? Are there any other speakers? Jan Rucinski: There are no other speakers on this application. Jeff Hodgson: Okay. We'll close the public hearing and open it up for discussion. Anybody? Mr. Inman. Mike Inman: My thought of sort at the beginning at looking at this is this is a very unusual parcel. I think we all know that. They got land they can't be used built on across the street. So, it formed this island. As Mr. Miller reverted to 145 foot right-of-way view of Glenwood back and forth, I think, probably I don't see it as a negative for the neighborhood for the style of architectural that is being used. The screening or the open space that is there, so the only real issue for me was the traffic issue. I don't think it is a significant enough impact, and that is short term. Eventually those roads are going to be built. It might not be on schedule but eventually they are going to be built. I don't think the impact at any time is sufficient for me to say, I don't think we should build this project, so it seems like an appropriate use for that particular piece of property. Jan Rucinski: I guess I should have asked him what is the anticipated building of these projects? Bob Miller: Is it okay for me to come up? It takes us, and we go to City Council obviously probably next month and we will see how that goes. And the it will take us a better part, I'll say about e3ight months before we would be able to get plans approved and everything under construction, so somewhere this time next year or maybe a little earlier. Late summer next year, 2017, I will just say tit that way. Jeff Hodgson: Ms. Oliver? Dee Oliver: Carolyn,you were not in favor of this duplex. You wanted to change the zoning from an R- 10 to an R-5?Correct? I guess I would like to hear your thoughts on specifically on what you prefer. Carolyn Smith: Sure. If you could put the map up that shows the zoning and the surrounding area. It is difficult to read but that yellow area depicts residentially zoned properties. The majority of that is R-10. Some of it is R-5. They are proposing an A-12 Overlay with a PD-H2 at a density of about 10.9 units per acre. The R-10,which is the predominate zoning in the area,yields about 3 units per acre.So, our suggestion to them was perhaps to look at a compromise of maybe an R-5 district, which is in the middle of A-12 and the R-10, so they could go with lots as small as 5,000 square feet,which would yield potentially up to 16 units at a density of six units per acre, so that was our thinking. Dee Oliver: Okay. Jeff Hodgson: Is there anybody else? Mr. Ripley? Item#D3 McQ Builders, L.L.C. Page 7 Ronald Ripley: I think Carolyn recognizes, as Mike mentioned, it is a little different. It is not really connected to the neighborhood. It sits on an island. It warranted a different situation than tying in with the rest of the neighborhood. I was concerned about the traffic issue as you brought it up this morning, and as I read it and after hearing how this might come together quicker, and what's going to happen to Independence and let's call it "old Indian River Road" is going to be cul-de-sac'd. It is going to be very, a different feeling in there if you will, as far as traffic is concerned.The traffic light there sets it up to be able to handle the traffic, and so I think looking at it from a standpoint of traffic from 16 versus seven dwelling units on here, I think, and I am not trying to get inside of Carolyn's mind, it sounds like to me that was probably was some of the thinking, if you will. It is a PD-H Overlay,A-12, it gets you 12 to the acre, and this has come down to 10. I'm not uncomfortable with this either in supporting the application. Jeff Hodgson: Mr.Thornton. Bob Thornton: I think what causes me to support is the advent of this road. You're going to have a 145- foot wide public right-of-way between the back of these unis and the existing neighborhood. If that was the pie in the sky dream street,that would be one thing, but it sounds like it's pretty much on board to get built, and if it gets built,this is a good use of this little small piece of property. Bob called it an island. And with the front of it being on a cul-de-sac,the side of it being on a two lane street,there is not much better you can do with the piece of property. We talked about work force housing,affordable housing,this is exactly what the City says it needs in terms of housing. It doesn't exactly meet all the criteria of the older neighborhood,the R-10, it certainly does provide for a product that the City needs, so, I'm in favor of it. Jeff Hodgson: Is there anybody else? Karen? Karen Kwasny: I guess I'm in keeping with Carolyn's thinking and I think the idea that what comes into the neighborhood is certainly a matter of perspective because when I look at how dense that is and by reviewing it, I think the comparison to what Carolyn suggested, I see more possibilities for neighborhood when you have a little bit of space, a little bit of yard of their own,and little bit more of an ability to get out and be a community, so that to me that is a matter of perspective. I think the density that Carolyn suggested is actually more in keeping with the surrounding area and kind of a fragile part of the City and with some changes that are going to come, and so it is not necessarily that traffic is not a matter of consideration for me but it is more a matter of density, and I just tend to like Carolyn's idea in her review and think it is more in keeping with the surrounding area and an idea of a neighborhood for me. Jeff Hodgson: Is there anybody else? David Weiner: Carolyn, I would intend to agree 100 percent with you if they were single-family houses. And I understand that looking at the pictures, it is far away from the single-family houses. I am kind of on the fence here. But it is different than what is there.That is the way the piece of property is. It is cutoff right there. I kind of think I am going to support it. Jeff Hodgson: Mr. Inman? Mike Inman: I would point out that the features and the materials that are proffered are very detailed, I Item #D3 McQ Builders, L.L.C. Page 8 think it is a very attractive product. If you go with the 5,000 square foot lots, it doesn't have to do that much. He might want to because it looks better. I don't know. He might not. He might not from an economic standpoint to be able to put this better product in when he feels 16 versus 10. Jeff Hodgson: Is there anybody else? Would anybody like to make a motion? Bob Thornton: I would move that we approve it. Mike Inman: Second. Jeff Hodgson: A motion made by Vice Chairman Thornton and seconded by Commissioner Inman. Jan Rucinski: I would like to have that Independence Boulevard connector. Jeff Hodgson: Are you okay with that? Mike Inman: Is that a condition? Kay Wilson: These are proffers voluntarily given by the applicant. The applicant would need to come forward and agree to change his proffer agreement between now and City Council. Bob Miller: I thought I'd already done that but I do agree to change it. I will follow the suggestion of Rick to put, if the Fire Marshal wants one, a fire entrance. It will have a gate on it. Jeff Hodgson: A motion made by Mr.Thornton and seconded by Mr. Inman and the proffered change has been agreed to by Mr. Miller. We're ready to vote. AYE 10 NAY 1 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY NAY OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-1,the application of McQ Builders has been approved with the change in proffers. Bob Miller:Thank you. Jeff Hodgson: Thank you. I would like to thank on behalf of my fellow Commissioners everyone for Item#D3 McQ Builders, L.L.C. Page 9 attending today's meeting. Thank you Barry and your staff for a goof agenda as usual. The meeting is adjourned. �305•BE4c 4. "5Am �` CITY OF VIRGINIA BEACH u .t sa 4, ,, INTER-OFFICE CORRESPONDENCE OF DUR NPK_' In Reply Refer To Our File No. DF-9715 DATE: November 18, 2016 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson" DEPT: City Attorney RE: Conditional Zoning Application; McQ Builders, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 6, 2016. I have reviewed the subject proffer agreement, dated June 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 ANNIE HARRIS, JAMES C. HARRIS, CATHERINE HARRIS, AND HOLLIS ROAD ASSOCIATES, LLC MCQ BUILDERS LLC-1, a Virginia limited liability company To CITY OF VIRGINIA BEACH A Municipal Corporation of the Commonwealth of Virginia THIS PROFFER AGREEMENT, made this 29th day of June, 2016, by and between ANNIE HARRIS, JAMES C. HARRIS, CATHERINE HARRIS, AND HOLLIS ROAD ASSOCIATES, LLC, parties of the first part(the "Grantors"); MCQ BUILDERS LLC-1, a Virginia limited liability company; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia(the "Grantee"), with an address of 2405 Courthouse Drive, Municipal Center,Virginia Beach, VA 23456. RECITALS: A. MCQ BUILDERS LLC-1 ("McQ") is the contract purchaser of certain parcels of property located in the City of Virginia Beach, herein known as Exhibit A(the "Property B. Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach by petition of Grantor addressed to Grantee to change the zoning classification of the Property from R-10 to Conditional PDH-2 District with an underlying A-12 District. PREPARED BY: HENRY C. FRENCK, ATTORNEY AT LAW 4356 Bonney Rd. Bldg 2 Suite 102, Virginia Beach VA 23452 GPIN #: 1474-09-0407-0000, 1474-09-0287-0000, 1474-09-1138-0000, 1474-09-2019-0000 The proposed amendment is made pursuant to the terms of the City Zoning Ordinance of the City of Virginia Beach, adopted April 18, 1988, as amended and in effect on the date of this Agreement (the "City Zoning Ordinance"). C. Grantee's policy is to provide for the orderly development of land for various purposes, through zoning and other land development legislation. D. Grantor acknowledges 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 recognize the effects of change, and the needs for various types of uses, certain reasonable conditions governing the use of 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. E. The Grantor has voluntarily proffered in writing, in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the PDH-2 Zoning District with an underlying A-12 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 part of the 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. F. The conditions outlined in this Agreement have been proffered by Grantor and allowed and accepted by Grantee as a part of the amendment to the City Zoning Ordinance and the Zoning Map. These conditions shall continue in full force and effect until a subsequent amendment changes the zoning of the Property; provided, however, that such conditions shall continue in the subsequent amendment as part of the comprehensive implementation of a new or substantially revised zoning ordinance of Grantee. NOW, THEREFORE, Grantor, its heirs, successors, assigns, grantees and other successors in title or interest to the Property, voluntarily and without any requirement by or exaction from Grantee or its governing body and without any element or compulsion or quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, makes the following declaration of conditions and restrictions governing the use and physical development and operation of the Property, and covenants and agrees that this declaration and the further terms of this Agreement shall constitute covenants running with the Property, which shall be binding upon the Property, and upon all persons and entities claiming under or through the Grantor, its heirs, successors and assigns, grantees and other successors in interest or title to the Property; namely: 1. The Property shall be used for the purposes and uses permitted in the PDH-2 Zoning District with an underlying A-12 Zoning District. The total number of dwelling units permitted on the Property shall not exceed twenty-nine (29). Each dwelling unit shall contain a minimum of 1,350 square feet of living area, and a single (1) car garage. 2. Grantor shall comply with all reasonable terms and conditions of all City Ordinances related to matters of Public Works, Traffic Engineering, Public Safety, Public Utilities and Storm Water Management. Each unit in the development shall be served by a single and exclusive water service line and meter, and a single and exclusive sewer lateral and cleanout. These service lines shall be supplied via city standard public water and sanitary sewer mains within an appropriately sized public utility easement located along the private roadway. 3. In order to provide for the coordinated development of the Property, the Property shall be developed in substantial conformity with that certain plat entitled "CONCEPTUAL SITE LAYOUT PLAN OF SOUTH INDIAN RIVER ROAD CONDOS", dated 6/10/16, prepared by MSA (the "Concept Plan"), a copy of which is on file with the City of Virginia Beach, Department of Planning, with regard to layout, ingress and egress, and landscaping. Grantor shall comply with all terms and conditions of all City Ordinances and Guidelines pertaining to landscape design. The landscaping shall substantially conform as depicted in the Concept Plan. Vehicular ingress and egress shall be situated as depicted on the Concept Plan. 4. The architectural design of the residential buildings will be substantially as depicted on the elevations submitted with the application for rezoning, and have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevations"). The exterior building materials shall be a combination of architectural shingles, a combination of horizontal siding and vinyl shakes and/or board and batten, all units will have first floor brick facades, the garage doors will be Carriage style or coastal style and all fascia and soffit will be maintenance free vinyl or metal wrap. 5. When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. 6. The areas depicted on the Concept Plan which will not be occupied by residential dwellings,patios (fenced or unfenced), drive aisles, and parking areas are open spaces which shall be utilized as such. 7. 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. 8. Further lawful conditions or restrictions against the Property may be required by Grantee during the detailed site Plan review and administration of applicable codes and regulations of Grantee by all appropriate agencies and departments of Grantee, which shall be observed or performed by Grantor. Grantor acknowledges that additional further lawful conditions or restrictions may be imposted by Grantee as a condition of approvals, including but not limited to final Site Plan approval. 9. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional rezoning amendment is approved by the Grantee. 10. 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 specified in the Agreement, including (a) the ordering in writing of the remedying of any noncompliance with such conditions, and (b) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suite 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 City Zoning Ordinance or this Agreement, a petition shall be filed to 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 conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department 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 LEFT INTENTIONALLY BLANK WITNESS the following signatures and seals: (SEAL) Annie Harris (SEAL) James C. Harris (SEAL) Catherine Harris HOLLIS ROAD ASSOCIATES, LLC By7 .Z-_/‘_4X,°,1-e?Y/1/(SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , the undersigned, a Notary Public in and for the City and State aforesaid, do hereby certify that Annie Harris, has sworn to, subscribed and acknowledged the same before me in the City and Commonwealth aforesaid this day of , 2016. Notary Public My Commission Expires: Registration No. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , the undersigned, a Notary Public in and for the City and State aforesaid, do hereby certify that James C. Harris and Catherine Harris, have sworn to, subscribed and acknowledged the same before me in the City and Commonwealth aforesaid this day of , 2016. Notary Public My Commission Expires: Registration No. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, L QOr r M. Vi` I , the undersigned, a Notary Public in and for the City and State aforesaid, do hereby certify that 11hCI1Qe!?W rne( , whose name is signed to the foregoing instrument as flr+rlet for Hollis Road Associates, LLC, has sworn to, subscribed and acknowledged the same before me in the City and Commonwealth aforesaid this 1 at`- day of & b ( , 2016, on behalf of said limited liability company. YLLCt _ Notary Public My Commission Expires: Ji,301 d01°I Registration No. 15©Oaoo WITNESS the following signatures and seals: ff6vrli__ SEAL) '40. i /. ' f—'` (SEAL) J.4 es C. Harris e)C/4-14- 4.•—(S'EAL) Catherine Harris HOLLIS ROAD ASSOCIATES, LLC By (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: I, 6 , (A (4l.�hal , the undersigned, a Notary Public in and for the Cityand State aforesaid, do hbreb certify that Annie Harris,has sworn to, subscribed Y and cknowledged the same before me in the City and Commonwealth aforesaid this g4"day of 1-06c, 2016. 41.......•••"•'y•` ,�Tmtary Publi' My Commission Expires: 1-13 f ! bf,;-/...• osuc . ti �q.A-� �3 Registration No. =n �Y G.Mµms kcN _2 STATE OF VIRGINIA % o,,'' 20.a:° CITY OF VIRGINIA BEACH,to-wit: ......••N y .....................'wEA0 Q�." L - �^� 'n 1 I, _L A , 1-F U n ,the undersigned, a Notary Public in and for the City and State aforesaid, do h reby certify that James C. Harris and Catherine Harris, have sworn to, subscribed and acknowledged the same before me in the City and Commonwealth aforesaid this 1. '''day of S , 2016. 041-')r . cLikati2 -1 Notary Pu is My Commission Expires: 1-1511,X) Registration No. 1 q} L3 ll/It llil tii'' Mani iia It MSA,P.C. IN Ili v'd ir III RR' Lc" 'ii 5033 Rouse Drive,Virginia Beach,VA 23462-3708 1 ■ .� ���i Office(757)490-9264•Fax(757)490-0634 =WI www.msaonline.com AIIIILmn Environmental Sciences• Planning• Surveying• Civil& Environmental Engineering•Landscape Architecture Legal description for Lot 7 (M.B. 88, Pg. 11) GPIN: 1474-09-0407 ALL THAT certain lot, piece or parcel of land with the improvements thereon, lying, situate and being in the City of Virginia Beach,Virginia shown in Map Book 88, Page 11 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. L ess and except that portion of property conveyed to the City of Virginia Beach, Virginia in Map Book 243 at Page 14 for right-of-way purposes and recorded in the aforesaid Clerk's Office. Being shown as Lot 7 and being referenced for a more particular description on a boundary survey by MSA, P.C., dated November 17, 2015 entitled"Boundary Survey of Lot 7 , Lot 8, Lot 8A & Lot 11B, GPIN: 1474-09-0407, 1474-09-0287, 1474-09-1138 & 1474-09-2019, #4732, #4712, #4708 & 4704 Indian River Road, Virginia Beach, Virginia": Commencing at a point located at the northeast intersection of South Independence Boulevard and Indian River Road, said point being the Point of Commencement; Thence continuing along Indian River Road N 23°53'06" W, a distance of 306.00' to a pin set. Thence N 28°15'20" W, a distance of 3.69' to a pin set. Said pin set being the Point of Beginning; Thence continuing along Indian river Road N 28°15'20" W, a distance of 153.77' to a pin set; Thence S 66°06'55" W, a distance of 13.23' to a pin set; Thence N 23°56'10" W, a distance of 116.21' to a nail set located on the southern right- of-way of Indian River Road; Thence turning and running along Indian River Road N 70°56'35" E, a distance of 310.04' to a pin found; Thence turning and running along the dividing line between Property now or formerly belonging to Indian Pointe at Rose Glen Property Owner's Association (Instrument No. 20070123000104600) GPIN: 1474-09-1569 and Lot 7 (M.B. 88, Pg. 11) GPIN: 1474-09-0407 (the "Subject Property") S 23°56'10" E, 263.12' to a pin set; Thence turning and running along the dividing line between Lot 8 (D.B. 643, Pg. 163) GPIN: 1474-09-0287 and "Subject Property" S 70°04'42" W, a distance of 284.80' to a pin set. Said pin set is the Point of Beginning. Lot 7 contains 79,112 square feet or 1.816 acre. IT BEING a portion of the same property conveyed to Annie Jones Harris from Elisha Harris, Jr., dated June 6,2007, and recorded in the aforesaid Clerk's Office as Instrument No. 20070612000790010. TOGETHER WITH all right, title and interest of the Grantor, if any, in and to any and all easements, rights ofway, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the Property. J'eteran Owned Small Business WEER ii1►WE fi MSA, P.C. ■1r*LL' Iii 5033 Rouse Drive,Virginia Beach,VA 23462-3708 MEW ►.'1 Office (757)490-9264•Fax (757)490-0634 11 www.msaonline.com Environmental Sciences• Planning• Surveying•Civil& EnvironmentalEngineering•Landscape Architecture Legal Description for Lot 8 (D.B. 643, Pg. 163) GPIN: 1474-09-0287 ALL THAT certain lot, piece or parcel of land with the improvements thereon, lying, situate and being in the City of Virginia Beach,Virginia being described in Deed Book 6 4 3 at page 16 3 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. Less and except that portion of property conveyed to the City of Virginia Beach, Virginia in Map Book 243 at Page 9 for right-of-way purposes and recorded in the aforesaid Clerk's Office. Being shown as Lot 8 and being referenced for a more particular description on a boundary survey by MSA, P.C., dated November 17, 2015 entitled"Boundary Survey of Lot 7 , Lot 8, Lot 8A & Lot 11B, GPIN: 1474-09-0407, 1474-09-0287, 1474-09-1138 & 1474-09-2019, #4732, #4712, #4708 & 4704 Indian River Road, Virginia Beach, Virginia": Commencing at a point located at the northeast intersection of South Independence Boulevard and Indian River Road, said point being the Point of Commencement; Thence continuing along Indian River Road N 23°53'06" W, a distance of 159.42' to a pin set. Said point being the Point of Beginning; Thence continuing along Indian river Road N 23°53'06" W, a distance of 146.58' to a pin set; Thence N 28°15'20" W, a distance of 3.69' to a pin set; Thence departing Indian River Road and continuing along the dividing line between Lot 7 (M.B. 88, Pg. 11) GPIN: 1474-09-0407 and Lot 8 (D.B. 643, Pg. 163) GPIN: 1474-09-0287 (the "Subject Property")N 70°04'42" E a distance of 284.80' to a pin set; Thence turning and running along the western right-of-way of Indian River Road-Relocated S 23°56'10" E, a distance of 130.32' to a point; Thence turning and running along the dividing line between Lot 8A (M.B. 8, Pg. 1) GPIN: 1474-09-1138 and"Subject Property" S 66°03'50" W, a distance of 283.96' to a pin set. Said pin set is the Point of Beginning. Lot 8 contains 39,825 square feet or 0.914 acre. IT BEING a portion of the same property conveyed to James C. Harris from Elisha Harris and Cora Elizabeth Harris, dated July 27, 1960, and recorded in the aforesaid Clerk's Office as Deed Book 643 at Page 163. TOGETHER WITH all right, title and interest of the Grantor, if any, in and to any and all easements, rights ofway, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the Property. Teleran Owned Sinall Business ■iri■ilii EMItvA ISS MSA, P.C. ■11�1k V 1111s`L. lin b in 5033 Rouse Drive,Virginia Beach, VA 23462-3708 firr l::y Office (757)490-9264• Fax (757)490-0634 www.msaonline.com Environmental Sciences•Planning• Surveying• Civil& Environmental Engineering• Landscape Architecture Legal Description for Lot 8A (M.B. 8, Pg. 1) GPIN: 1474-09-1138 ALL THAT certain lot, piece or parcel of land with the improvements thereon, lying, situate and being in the City of Virginia Beach,Virginia shown as "1 Acre" on plat entitled"Plan of Property Situate in Princess Anne Co. Va. Surveyed for Louis & Joseph King", dated March 1927 and recorded in Map Book 8 at Page 1 in the Clerk's Office of the Circuit Court of the City of Virginia Beach. Being described in Deed Book 204 at page 51 and recorded in the aforesaid Clerk's Office. Less and except that portion of property conveyed to the City of Virginia Beach, Virginia in Map Book 243 at Page 15 for right-of-way purposes. Being shown as Lot 8A and being referenced for a more particular description on a boundary survey by MSA, P.C., dated November 17, 2015 entitled"Boundary Survey of Lot 7 , Lot 8, Lot 8A& Lot 11B, GPIN: 1474-09-0407, 1474-09-0287, 1474-09-1138 & 1474-09-2019, #4732, #4712, #4708 & 4704 Indian River Road, Virginia Beach, Virginia": Commencing at a point located at the northeast intersection of South Independence Boulevard and Indian River Road, said point being the Point of Commencement; Thence continuing along Indian River Road N 23°53'06" W, a distance of 84.42' to a pin set. Said point being the Point of Beginning; Thence continuing along Indian river Road N 23°53'06" W, a distance of 75.00' to a pin set; Thence departing Indian River Road and continuing along the dividing line between Lot 8 (D.B. 643, Pg. 163) GPIN: 1474-09-0287 and Lot 8A (M.B. 8, PG. 1) (GPIN: 1474-09-1138) (the "Subject Property")N 66°03'50" E, a distance of 283.96' to a point; Thence turning and running along the western right-of-way of Indian River Road-Relocated S 23°56'10" E, a distance of 75.00' to a pin set; Thence turning and running along the dividing line between Lot 11B (Instrument No. 20050309000365170) GPIN: 1474-09-2019 S 66°03'50" W, a distance of 284.03' to a pin set. Said pin set is the Point of Beginning. Lot 8A contains 21,299 square feet or 0.489 acre. IT BEING a portion of the same property conveyed to James C. Harris and Catherine Harris from Elisha Harris and Cora Elizabeth Harris, dated December 1, 1975, and recorded in the aforesaid Clerk's Office as Deed Book 1531 at Page 642. TOGETHER WITH all right, title and interest of the Grantor, if any, in and to any and all easements, rights ofway, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the Property. Veteran Owned Small Business MiraWINN 111111111111r41 lH MSA, P.C. iil N v:f Mi ■V`LC 111fi• 5033 Rouse Drive,Virginia Beach,VA 23462-3708 BIM\r.'1 rAcando Office(757)490-9264•Fax(757)490-0634 WOW www.msaonline.com Environmental Sciences•Planning• Surveying•Civil& Environmental Engineering•Landscape Architecture Legal Description for Lot 11B, (Instrument No. 200503090036517) GPIN: 1474-09-2019 ALL THAT certain lot, piece or parcel of land with the improvements thereon, lying, situate and being in the City of Virginia Beach,Virginia and designated and described as Lot 11B as shown on that certain plat by MSA, P.C. dated January 3, 2005 and entitled"Subdivision of Cora Elizabeth Harris Estate, Virginia Beach, Virginia" and recorded as Instrument No. 200503090036517 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, less and except that portion of property conveyed to the City of Virginia Beach, Virginia in Instrument No. 20150630000609790 for right-of-way purposes and being referenced for a more particular description on a boundary survey by MSA, P.C., dated November 17, 2015 entitled"Boundary Survey of Lot 7 , Lot 8, Lot 8A & Lot 11B, GPIN: 1474-09-0407, 1474-09-0287, 1474-09-1138 & 1474-09-2019, #4732, #4712, #4708 & 4704 Indian River Road, Virginia Beach, Virginia": Beginning at a point located at the northeast intersection of South Independence Boulevard and Indian River Road, said point being the Point of Beginning; Thence continuing along Indian River Road N 23°53'06" W, a distance of 84.42' to a pin set; Thence departing Indian River Road and continuing along the dividing line between Lot 8A (M.B. 8, PG. 1) (GPIN: 1474-09-1138) and Lot 11B (Instrument No. 200503090036517) GPIN: 1474-09-2019 (the "Subject Property") N 66°03'50"E, a distance of 277.54' to a pin set; Thence turning and running along the western right-of-way of Indian River Road-Relocated along a non-tangent curve to the left having a radius of 2364.82', an arc length of 51.97', a chord bearing of S 57°11'52"E and a chord distance of 51.97' to a point; Thence S 57°49'02" E, a distance of 14.94' to a point; Thence along a curve to the right having a radius of 2218.83', an arc length of 86.50', a chord bearing of S 56°42'37"E and a chord distance of 86.49' to a pin set; Thence turning and running along the northern right-of-way of South Independence Boulevard S 28°56'09" W, a distance of 42.32' to a pin set; Thence S 59°43'26" W, a distance of 32.74' to a pin set; Thence S 66°44'13" W, a distance of 252.21' to a pin found; Thence N 55°14'41" W, a distance of 82.36' to a point. Said point is the Point of Beginning. Lot 11B contains 50,035 square feet or 1.149 acre. IT BEING a portion of the same property conveyed to Hollis Road Associates,L.L.C., a Virginia limited liability company,by deed from James Harris, Elisha Harris, Jr. and Leon Harris, the surviving Co-Executors of the Estate of Cora Elizabeth Harris, dated January 1 2,2005, and recorded in the aforesaid Clerk's Office as Instrument Number 200502040019493. TOGETHER WITH all right, title and interest of the Grantor, if any, in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the Property. Veteran Owned Small Business ' •- ' . . 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S MUyi 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH [Applicant& Property Owner] Change of Zoning (A-12 Apartment District & A-18 Apartment District to P-1 Preservation District) 120 Marshview Drive(GPINs 2417638556, 2417731546, 2417638455, 2417730186, 2417734027, 2417721866, 2417724866, 2417820890, 2417625690, 2417629740, 2417724771, 2417729577, 2417625475, 2417628462, 2417724423, 2417729477, 2417625179, 2417628177, 2417724128, 2417729178, 2417615907, 2417618978, 2417715918, 2417617659, 2417713734, 2417714742, 2417714942, 2417719838, 2417810879, 2417811611, 2417812549, 2417813504, 2417813407, 2417818250, 2417817439, 2417817518, 2417816663, 2417736469, 2417621142, 2417811567, 2417816320, 2417817377, 2417815865, 2417816078, 2417624483, 2417624681). COUNCIL DISTRICT - BEACH MEETING DATE: December 6, 2016 • Background: The City of Virginia Beach proposes to rezone the subject property from A-12 &A- 18 Apartment Districts to P-1 Preservation District in order to align the zoning of the property with the deed restrictions and the desired use of the property. The subject 98.9-acre site was conveyed to the City of Virginia Beach by the United Sates Government (Department of the Navy) in 2014. Certain restrictions were placed on the property that limit the use of the property to passive and some specific recreational activities. Only the northern portion of the site will be improved, all other areas of the site will remain in its natural state. The proposed development includes a new parking area located off Marshview Drive, new access from Indian Road, several fenced dog parks, picnic shelters, an open field play area, a playground, and a trail system connecting all three points of access to the site. • Considerations: Changing the zoning of the property to Preservation District aligns the permitted uses with the deed restrictions associated with the City's purchase of the property, supports the land use as a public park, and will enrich recreational opportunities in this part of Virginia Beach. 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. City of Virginia Beach Page 2 of 2 • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departme► . •ency: Planning Departme. :sip i-j ` City Manager: St /'i3Applicant & Property Owner City of Virginia Beach Agenda Item Public Hearing October 12, 2016 City Council Election District Beach 2 Virginia Beach Request 264 6P27 n v 04 . Rezoning (A-12 &A-18 Apartment to P-1 ? ""x.6 "`"„.N °`°w et, Preservation) Carver Avenue O Y.tV�;a6ead'0°`ar'a�OLb�hQ,e� Z65 ::70 dB DNL 4. V 4,, s Y i s Staff Planner = 8 AOZ, itm_____________,„4___.__ ___,,,,,.,„e� .; i __ 9 Kevin Kemp �"`L.ne s k"'45, N 7075 d8 ONL Noduli Avenue teR tN, S' 1 e 91 St �pepe qm,'e. 8 ; a�v Location A >76 dB ONL lrmcn DrMe q,,, F s F 61119"4 120 Marshview Drive 1 0,,,,„.. °" "1 i S""' e� 6..5,005 fea 4,,z2 • 3 °1 TSS GPINsj; �� 1 ,,,,,,,,,A2417638556, 2417731546, 2417638455, 146 2417730186, 2417734027, 2417721866, OM,C.ceY law. 6°ab x 2417724866, 2417820890, 2417625690, .6 2417629740, 2417724771, 2417729577, ' 1 ��js4 ia 2417625475, 2417628462, 2417724423, 2417729477, 2417625179, 2417628177, 2417724128, 2417729178, 2417615907, 2417618978, 2417715918, 2417617659, �! 7 + ^Y 2417713734, 2417714742, 2417714942, a, .0 " ; •+ ."y a .� N 2417719838, 2417810879, 2417811611, 7• f �' w s ' • i *� 2417812549, 2417813504, 2417813407, S 'T,',/^. f wy Y-.4. .. i• . i-, . �� s� 2417818250, 2417817439, 2417817518, tr'°`$�v°,;` x+ •` ; 2417816663, 2417736469, 2417621142, , ' '4 ' t reit'. � iWttr • 2417811567, 2417816320, 2417817377, 4' ni r - - * � r '� 2417815865, 2417816078, 2417624483, " • �`� 2417624681 hmu,t "Yt�rW1r r' I. r4. i Site Size ,.. 52xan-:� mxx. .._1 - -�.. , ,va,,, "" I- r - 98.9 acres _J_- i - . 1i_ 1 AICUZ rt ,ice, . .s,K,, -: ''', Greater than 75 dB DNL;APZ 2 \ °��_ ..0;4:-.... 4° `r Existing Land Use and Zoning District ?�E' ' , - `111. . Undeveloped/A-12 &A-18 Apartment �t'+ f le Ir:tF`- _,i„., IP:- Surrounding Surrounding Land Uses and Zoning Districts ��' i , North & East Residential/A-12 & 18 Apartment, R-5S Residential South & East Residential/ R-5D Residential &A-12 Apartment City of Virginia Beach Agenda Item 2 Page 1 Background and Summary of Proposal • The subject 98.9-acre site was conveyed to the City of Virginia Beach by the United Sates Government (Department of the Navy) in 2014. Certain restrictions were placed on the property,which limit the use of the property to passive recreational uses and some active recreational uses. Construction and development on the site is limited to those necessary for recreational uses. • The City wishes to rezone the subject property from Apartment District Zoning to P-1 Preservation District so that the zoning is aligned with the deed restrictions and the desired use of the property. • Only the northern portion of the site, shown on the submitted plan as Phase I, will contain any development. All other areas of the site will remain undeveloped and in their natural state. :4644:11A7 ,.,parr% 7? - t k 119'0MARSHVIEW 4, +� * "It i ,+ r 2 DRIVE AC« S,- %'� �ti*1t t $ r 1 y x *+ 4... .eINDIAN• ♦ ROAD ` �� tJ•. - 7t tt O R „gyp r 1 $ 4 !.Y ACCESS 014 tr` .:11 , S6 i... 11 H« .• + 4t#. 0911. 4011.'4 �' VIRGINIA 3 a �'!{'� ' �t rr AREA TO REMAIN F 1q`w AVENUE ACCESS UNDEVELOPED r • � N _ 1111111111111 • In 2014,a parking area and a portion of the trail system was constructed at the terminus of Virginia Avenue.A play area was also constructed at the Virginia Avenue entrance. The improvements located near Virginia Avenue were designed to preserve several large Oak trees. • The proposed development includes a new parking area located off Marshview Drive, new access from Indian Road, several fenced dog parks, picnic shelters, an open field play area, a playground, and a trail system connecting all three points of access to the site. City of Virginia Beach Agenda Item 2 Page 2 I1 „,,,' , ‘N. r ' 12-01 La Lake 7' A A7:16 r r,�° t No ,,, rfolk Avenue et MIS w ay a 5i 10�h Street v'El sp�` a• Ic' h treat V ug - S ;Mfreta I '-•, jsill :P.- Mary`ore ', Zoning History e lifili' %//i�� ^'eta,ttta '._i S . '” # Request R-7 5 unt lM RE;r 4416. //40�i+ vt, i to->.. ,,,,. ; p �. 1 IrmA t 111th Af1TNix4aAmmar//r" . or ''�I..r `,R �1�, ;..s `� 1 CRZ(A-12 to Cond.A-12)Approved 10/20/2015 vi, -,...,,,,,, ,,L.:, I_ �.ii 1 ;yII ,o `tt1: 2 NON Approved 06/23/2009 ,���/�� aik �,_,yam/,f; ,���\f, - 1., p.,� 3 CRZ(A-18 to Cond.A-24)Approved 12/07/2004 .4'2i' ////// .f*2 /,41` T"f`` 4 REZ(A-12 to R-55)Approved 07/05/2000 1 _ ,,_ t ! 40. ' ,,���ijjr��ti Tt1`.��, 5 REZ(R-7 to A-2)Approved 02/20/1986 .ttt, f t t r.� iijl. ••;,P,1f11 RT-3 R-2.5 1 as 1._ Ill R. R-1or%4 -1b 8-4 �ii %r. 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 site is located on the edge of the Resort Strategic Area as designated in the Comprehensive Plan and the Resort Area Strategic Action Plan (RASAP),which was adopted December 2, 2008. In order to support year-round activity at the oceanfront, one of the Development Strategies listed in the RASAP is to "grow residential."This site falls falls somewhere between the urban and suburban,so both section of the Comprehensive Plan's Special Area Development Guidelines were considered in Staff's review. The first Guideline under Suburban Areas is "Natural Features" and calls for identifying existing natural characteristics of the site to be preserved and incorporated into the design of the development (p. B-7).The Urban Areas section also includes guidelines to recognize the importance of retaining the existing natural landscape where possible (p. B-2). Natural and Cultural Resources Impacts The site is located within the Owl Creek watershed. The site is undeveloped and heavily wooded. A large portion of the site is marsh.This site is a valuable natural resource for the City. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Marshview Drive/Indian Road No existing traffic No existing traffic counts are Existing Land Use z-8,500 ADT counts are available available Proposed Land Use 3-1,582 ADT 1 Average Daily Trips z as defined by 98.9 acres of 3as defined by 98.9 acres of City park 4 LOS=Level of Service Apartment zoning land Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Marshview Drive and Indian Road in the vicinity of this application are considered two-lane undivided local streets.The existing infrastructure currently resides in a 50-foot right-of-way. Neither are included in the MTP. There are no roadway CIP projects slated for this area. City of Virginia Beach Agenda Item 2 Page 3 1 Evaluation and Recommendation The proposed change of zoning on the subject parcels from Apartment District to Preservation District is recommended for approval. Changing the zoning of the property to a zoning district that supports its use as a public park, in Staff's opinion,will ensure the fruition of efforts to provide the citizens and visitors of the City with enriching recreational opportunities in a unique forested setting. The proposed park is located in an area that contains dense residential development, and therefore is easily accessible for the members of the surrounding communities to take advantage of the proposed amenities such as multiple dog parks, a trail system, picnic shelters, an open field play area,and playground area, all which are resources that are needed in the subject area of the City. The proposed change of zoning will remove a zoning allowing multi-family residential development from a parcel that has significant natural resources. It will also ensure that the site be used only for recreational uses and low-impact development that supports them,therefore aligning with the deed restrictions associated with the City's purchasing of the property. A large portion of the site will remain undeveloped, maintaining the natural condition of the marsh land and protecting environmentally sensitive land. City of Virginia Beach Agenda Item 2 Page 4 Proposed Site Layout • . cv il ai I a ii;zi ': NO11ViU:Ntl(TM wave i � ii i �A��L u Sit 1390-14 Ned#1 AA 1 ISINW s stl l i', kg d O G 01 W W W CC CC ." w ~ ty W tcyb3 a U--T3-AV 141010A _ aggsS 588881 7 U6U _ UUJ N� �8U 2 O M a_ccWim, IZ 888gg 8888g Q 0 . L, . a A. l /b _ ' x � / 3A114 j.oss 5I 4 M3uu+stivw a' 6 / 6 — -- 00_0 eg - d 2 Y 1 a. f v 1 ' 1 < City of Virginia Beach Agenda Item 2 Page 5 Site Photos Agirt , ,c1P . , ir! iii.. t_ - e S 4 6 4. •4 Y • f .rg ttw,a YN '''''''-• ' .,,,i . City of Virginia Beach Agenda Item 2 Page 6 Site Photos ,' r , • • 1 r,. a.0,',y 00 ENTRANCE FROM VIRGINIA AVENUE „.• " • . _ • • at. • ENTRANCE FROM VIRGINIA AVENUE City of Virginia Beach Agenda Item 2 Page 7 Item#2 City of Virginia Beach Change of Zoning 120 Marshview Drive District 6 Beach October 12, 2016 CONSENT An application of the City of Virginia Beach for a Change of Zoning(A-12 Apartment A-18 Apartment to P-1 Preservation)on property located at 120 Marshview Drive, District 6, Beach. GPIN: 2417638556, 2417731546, 2417638455, 2417730186, 2417734027, 2417721866, 2417724866,2417820890, 2417625690, 2417629740, 2417724771, 2417729577, 2417625475, 2417628462,2417724423, 2417729477, 2417625179, 2417628177, 2417724128, 2417729178, 2417615907,2417618978, 2417715918, 2417617659, 2417713734, 2417714742, 2417714942, 2417719838,2417810879, 2417811611, 2417812549, 2417813504, 2417813407, 2417818250, 2417817439,2417817518, 2417816663, 2417736469, 2417621142, 2417811567, 2417816320, 2417817377, 2417815865, 2417816078, 2417624483, 2417624681. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 2. 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 WEINER AYE By a vote of 11-0,the Commission approved item 2 for consent. t S at icy Y >> �" _e*_ si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - AN ORDINANCE TO AMEND SECTION 235 OF THE CITY ZONING ORDINANCE PERTAINING TO RESIDENTIAL CARE FOR SENIORS AND DISABLED PERSONS. MEETING DATE: December 6, 2016 • Background The allowable signage permitted for facilities designed for Housing for Seniors and Disabled Persons must be in accordance with the Zoning District in which the property is located. Many facilities of this nature are located within Residential Zoning Districts and as such, the signage requirements are limiting. • Considerations: This amendment will allow up to one freestanding, monument sign to be installed on properties within the Residential Districts that have obtained a Conditional Use Permit for Housing for Seniors and Disabled Persons. Further details pertaining to the request are provided in the attached Staff report. Staff was not made aware of any opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request. • Attachments: Staff Report Minutes of Planning Commission Meeting Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmentj ,w 1 , City Manager: ik, Vv 1 AN ORDINANCE TO AMEND SECTION 235 OF THE 2 CITY ZONING ORDINANCE PERTAINING TO 3 SIGNAGE FOR HOUSING FOR SENIORS AND 4 DISABLED PERSONS 5 6 Section Amended: City Zoning Ordinance § 235 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 235 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 235. - Housing for seniors and disabled persons. 18 19 Housing for seniors and disabled persons shall be subject to the following 20 provisions: 21 22 (a) Fire standards. The fire chief of the City of Virginia Beach shall review each 23 application and make appropriate recommendations for fire protection 24 requirements which may be more stringent than those specified by the Uniform 25 Statewide Building Code. These recommendations may be made conditions of the 26 conditional use permit by city council. 27 . . . . 28 29 (e) Sign requirements. Signs shall be permitted in accordance with the regulations of 30 the district in which the use is located; provided, however, that in residential 31 districts, housing for seniors and disabled persons shall be allowed one monument 32 (1) sign located at an entrance not to exceed twenty-four (24) square feet per face 33 or such other signage as may be specified in the conditional use permit. No such 34 sign shall have more than two (2) faces. 35 36 COMMENT 37 38 This amendment will provide for signage for housing for seniors and disabled persons in 39 residential zoning districts. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFIC,ENCY: 41A/ A A A.4,4 4' ()PAP& Ai.\\/0141%; '1'" g l epa -nt City Attorney's Office CA13791/R-3 -: st 31, 2016 2 Applicant City of Virginia Beach Agenda Item Public Hearing October 12, 2016 Signage for Housing for Senior and Disabled Persons 1. 2 Virginia Beach Request An Ordinance to Amend Section 235 of the City Zoning Ordinance pertaining to Signage for Housing for Seniors and Disabled Persons. Summary of Request Currently in the City Zoning Ordinance,the allowable signage permitted for Housing for Senior and Disabled Persons facilities is in accordance with the Zoning District in which the property is located. Many facilities of this nature are located within Residential Zoning Districts in which the signage requirements are extremely limiting, particularly in that monument style signs are not permitted. This amendment allows for one monument sign to be permitted in Residential Districts.The specific requirements as identified in Section 235 of the City Zoning Ordinance are shown below. Section 235-Housing for Seniors and Disabled Persons e) Sign requirements. Signs shall be permitted in accordance with the regulations of the district in which the use is located; provided, however,that in residential districts, housing for senior and disabled persons shall be allowed on monument(1) sign located at the entrance not to exceed twenty-four(24) square feet per face or such other signage as may be specified in the conditional use permit. No such sign shall have more than two (2)faces. Recommendation Staff recommends approval of this amendment to allow for additional signage for Housing for Senior and Disabled Persons facilities located within Residential Districts.This use is commonly located in residential districts, and due to the restrictions of signs permitted in residential zoning districts,these facilities have not been permitted to have an identification sign located at their entrances.This amendment allows for such signs, while imposing limitations that will ensure that these signs will not be disruptive to the surrounding properties and will fit with the character of the neighborhoods in which these facilities are located. City of Virginia Beach Agenda Item 12 Page 1 Ordinance APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFIC'ENCY: lutok , \\. ••�• 'epa• -nt City ttorney s Office CA137911R-3 -:est 31,2016 2 City of Virginia Beach Agenda Item 12 Page 3 Item#12 City of Virginia Beach An Ordinance to Amend Section 235 of the City Zoning Ordinance pertaining to Signage for Housing for Seniors and Disabled Persons October 12, 2016 CONSENT An Ordinance to Amend Section 235 of the City Zoning Ordinance pertaining to Signage for Housing for Seniors and Disabled Persons. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley 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. Kevin Kemp presented this item on behalf of the City. ,uU CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH -AN ORDINANCE TO AMEND SECTIONS 111, 401, 501 AND 1110 OF THE CITY ZONING ORDINANCE PERTAINING TO RESIDENTIAL CARE FOR SENIORS. MEETING DATE: December 6, 2016 • Background The Zoning Ordinance currently defines Residential Care for Seniors as "A single- family dwelling in which a resident thereof, for compensation, regularly provides care, protection, and supervision for a maximum of three (3) persons sixty-two (62) years of age or older in the provider's own home." This amendment makes it possible for care to be provided within a home where twenty-four hour caretakers reside, rather than limiting the service to only the care provider's own home. A caretaker must still be present at the home for all twenty-four hours of a day. • Considerations: This amendment will provide more flexibility for residential care for seniors, which is a service that is valued and needed within our community. This amendment also makes it possible for residential care for senior facilities to have two (2)employees, rather than one(1)as previously specified. Further details pertaining to the request are provided in the attached Staff report. Staff was not made aware of any opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. • Attachments: Staff Report Minutes of Planning Commission Meeting Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Der . gency: Planning Department City Manager. 1 AN ORDINANCE TO AMEND SECTIONS 111, 2 401, 501 AND 1110 OF THE CITY ZONING 3 ORDINANCE PERTAINING TO THE DEFINITION 4 OF RESIDENTIAL CARE FOR SENIORS 5 6 Sections Amended: §§ 111, 401, 501 and 1110 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Sections 111, 401, 501 and 1110 of the City Zoning Ordinance is hereby 15 amended and reordained to read as follows: 16 17 Sec. 111. - Definitions. 18 19 . . . . 20 21 Residential care for seniors. A single-family dwelling in which a resident thereof 22 or twenty-four (24) hour caretakers, for compensation, regularly provides care, 23 protection, and supervision for a maximum of three (3) persons sixty-two (62) 24 years of age or older in the provider's nein home 25 26 . . . . 27 28 Sec. 401. - Use regulations. 29 30 (a) Principal and conditional uses. The following chart lists those uses permitted 31 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 32 respective agricultural districts shall be permitted as either principal uses indicated by a 33 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 34 shall be prohibited in the respective districts. No uses or structures other than as 35 specified shall be permitted. 36 Use AG- AG- 1 2 Residential care for seniors, provided that no more than one (1) employee other than two (2) employees including a bona fide resident of the dwelling P P shall be permitted 37 38 Sec. 501. - Use regulations. 39 40 (a) Principal and conditional uses. The following chart lists those uses permitted 41 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 42 respective residential districts shall be permitted as either principal uses indicated by a 43 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 44 shall be prohibited in the respective districts. No uses or structures other than as 45 specified shall be permitted. 46 Residential Districts R- R- R- R- R- R- R- R- R- R- Uses 40 30 20 15 10 7.5 5D 5R 5S '2.5 Residential care for seniors, provided that no more than one (1) employee other than P P P P P P P P P X two (2) employees including a bona fide resident of the dwelling shall be permitted 47 48 Sec. 1110. - Land use regulation. 49 50 (a) The land use plan approved by city council, or as modified, for each Warmed unit 51 development project shall govern the development, and all land uses shall be in 52 accordance with it. 53 54 . . . . 55 56 (d) Within a PD-H1 District, the following uses shall be allowed as conditional uses: 57 58 (1) Communication towers; 59 60 (2) Family day-care homes; 61 62 (3) Group homes; 63 64 (4) Kennels, residential; 65 66 (5) Religious uses; 67 68 (6) Residential care for seniors, provided that no more than one (1) employee other 69 than two (2) employees including a bona fide resident of the dwelling shall be 70 permitted; and 71 72 (7) Wind energy conversion systems, free standing and roof-mounted. 73 74 . . . . 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: 4111110. Barry Fran e field rP B. Kay Wilso Planning •-partment City Attorne Office CA13652 R-1 October 17, 2016 Applicant City of Virginia Beach Agenda Item Public Hearing November 9, 2016 Residential Care for Seniors I. 2 City�j Virginia Beach Request An Ordinance to Amend Sections 111,401,501,and 1110 of the City Zoning Ordinance pertaining to Residential Care for Seniors. Summary of Request The Zoning Ordinance currently defines Residential care seniors as"A single-family dwelling in which a resident thereof, for compensation, regularly provides care, protection,and supervision for a maximum of three (3) persons sixty-two(62 years of age or older in the provider's own home."This amendment removes the requirement that the care giver reside in the dwelling.A caretaker must still be present at the home for all twenty-four hours of a day.This amendment also makes it possible for residential care for senior facilities to have two(2)employees, rather than one (1)as previously specified.This amendment impacts the Agricultural, Residential and PD-H1 Zoning Districts. Recommendation Staff recommends approval of this amendment.The proposed changes to the requirements of a residential care for seniors facility located within a home are not expected to impact the quality of life of the surrounding properties any more than the existing requirements.This amendment will provide more flexibility to be able to operate a residential care for seniors facility,which is a service that is valued and needed within our community. City of Virginia Beach Agenda Item 12 Page 1 Ordinance 1 AN ORDINANCE TO AMEND SECTIONS 111, 2 401, 501 AND 1110 OF THE CITY ZONING 3 ORDINANCE PERTAINING TO THE DEFINITION 4 OF RESIDENTIAL CARE FOR SENIORS 5 6 Sections Amended: §§ 111,401,501 and 1110 7 8 WHEREAS,the public necessity,convenience,general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH,VIRGINIA: 13 14 That Sections 111. 401, 501 and 1110 of the City Zoning Ordinance is hereby 15 amended and reordained to read as follows: 16 17 Sec. 111.-Definitions. 18 19 20 21 Residential care for seniors. A single-family dwelling in which a resident thereof 22 or twenty-four (24) hour caretakers, for compensation, regularly provides care, 23 protection, and supervision for a maximum of three (3) persons sixty-two (62) 24 years of age or older tome. 25 26 27 28 Sec.401.-Use regulations. 29 30 (a) Principal and conditional uses. The following chart lists those uses permitted 31 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 32 respective agricultural districts shall be permitted as either principal uses indicated by a 33 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 34 shall be prohibited in the respective districts. No uses or structures other than as 35 specified shall be permitted. 36 AG- AG- Use1 2 Residential care for seniors,provided that no more than one-(4)-employee other-than two(2)employees including a bona fide resident of the dwelling P P shall be permitted 37 38 Sec.501. -Use regulations. City of Virginia Beach Agenda Item 12 Page 2 Ordinance 39 40 (a) Principal and conditional uses. The following chart lists those uses permitted 41 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 42 respective residential districts shall be permitted as either principal uses indicated by a 43 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 44 shall be prohibited in the respective districts. No uses or structures other than as 45 specified shall be permitted. 46 Residential Districts Uses R- R- R- R- R- R- R- R- R- R- 40 30 20 15 10 7.5 5D 5R 5S 2.5 Residential care for seniors, provided that no more than one P P P P P PPPPX two(2)employees including a bona fide resident of the dwelling shall be permitted 47 48 Sec. 1110.-Land use regulation. 49 50 (a) The land use plan approved by city council,or as modified,for each panned unit 51 development project shall govern the development, and all land uses shall be in 52 accordance with it 53 54 55 56 (d) Within a PD-N1 District,the following uses shall be allowed as conditional uses: 57 58 (1) Communication towers; 59 60 (2) Family day-care homes; 61 62 (3) Group homes: 63 64 (4) Kennels,residential; 65 66 (5) Religious uses; 67 68 (6) Residential care for seniors,provided that no more than 69 than two (2) employees including a bona fide resident of the dwelling shall be 70 permitted;and 71 72 (7) Wind energy conversion systems,free standing and roof-mounted. 73 City of Virginia Beach Agenda Item 12 Page 3 Ordinance 74 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: , fiiw. 2 . .��1 Barry Fran e field B. Kay Wilso Planning I-partment { City Attorne 's Office CA13652 R-1 October 17,2016 City of Virginia Beach Agenda Item 12 Page 4 Item#12 City of Virginia Beach An Ordinance to Amend Sections 111,401, 501, and 1110 of the City Zoning Ordinance pertaining to Residential Care for Seniors November 9, 2016 CONSENT An Ordinance to Amend Sections 111,401, 501,and 1110 of the City Zoning Ordinance pertaining to Residential Care for Seniors. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 12. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 12 for consent. Carolyn Smith presented this item. OI ttIi 4 ♦JI `y= CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - AN ORDINANCE TO AMEND SECTION 1110 OF THE CITY ZONING ORDINANCE PERTAINING TO RESIDENTIAL CARE FOR SENIORS IN THE PD-H1 DISTRICT. MEETING DATE: December 6, 2016 • Background The Zoning Ordinance currently defines Residential Care for Seniors as "A single- family dwelling in which a resident thereof, for compensation, regularly provides care, protection, and supervision for a maximum of three (3) persons sixty-two (62 years of age or older in the provider's own home." Such use is allowed as a principal use in most residential zoning districts; however, currently the PD-H1 Planned Unit Development District allows Residential Care for Seniors only as a conditional use. • Considerations: This amendment will allow Residential Care for Seniors in PD-H1 as a permitted use, thereby removing this disparity in the Zoning Ordinance. This amendment will provide more flexibility for residential care for seniors, which is a service that is valued and needed within our community. Further details pertaining to the request are provided in the attached Staff report. Staff was not made aware of any opposition to this request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. • Attachments: Staff Report Minutes of Planning Commission Meeting Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen4 r� ' llt City Manager: il 1 AN ORDINANCE TO AMEND SECTION 1110 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO RESIDENTIAL CARE FOR 4 SENIORS 5 6 Section Amended: City Zoning Ordinance § 1110 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 1110 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 1110. - Land use regulation. 18 19 (a) The land use plan approved by city council, or as modified, for each 20 planned unit development project shall govern the development, and all land uses shall 21 be in accordance with it. 22 23 (b) Modifications to the land use plan by city council shall be in the manner of 24 a zoning change or by conditional use permit for uses designated in subsection (d). 25 26 (c) Within a PD-H1 District, all of the principal uses and structures permitted 27 within an A-12 Apartment District other than hospitals and sanitariums, together with the 28 following enumerated uses and structures, shall be permitted: 29 30 (1) Fraternity and sorority houses, student dormitories and student centers; 31 32 (2) Housing for seniors and disabled persons, with a conditional use permit; 33 34 (3) Marinas; 35 36 (4) Private clubs or social centers provided that clubs where conduct of 37 commercial affairs is a principal activity shall not be permitted-; and 38 39 (5) Residential care for seniors, provided that no more than one (1) employee 40 other than a bona fide resident of the dwelling shall be permitted. 41 42 (d) Within a PD-H1 District, the following uses shall be allowed as conditional 43 uses: 44 45 (1) Communication towers; 46 47 (2) Family day-care homes; 48 49 (3) Group homes; 50 51 (4) Kennels, residential; 52 53 (5) Religious uses; and 54 55 = - • • . - - _ - - •- - - - - - - -• - - - • • • 56 _ - - - - -- - - - - - - • - - - •- - - •• -e; - 57 58 (76) Wind energy conversion systems, free standing and roof-mounted. 59 60 . . . . 61 62 COMMENT 63 64 This amendment makes residential care for seniors a permitted use in the PD-Hl Zoning 65 District rather than a conditional use. Residential care for seniors is currently a permitted use in 66 other residential zoning districts. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: . rL ..:a L. / Planning Depa ment CitywAttor'ey's Office CA 13816 R-3 August 31, 2016 2 Applicant City of Virginia Beach Public Hearing October 12, 2016 Residential Care for Seniors City of Virginia Beach Request An Ordinance to Amend Section 1110 of the City Zoning Ordinance, pertaining to Residential Care for Seniors in the PD- H1 Planned Unit Development District. Summary of Request The City Zoning Ordinance defines Residential Care for Seniors as"a single-family dwelling in which a resident thereof, for compensation, regularly provides care, protection,and supervision for a maximum of three(3) persons sixty-two(62) years of age or older in the provider's own home." Such use is allowed as a principal use in most residential zoning districts; however,currently the PD-H1 Planned Unit Development District allows Residential Care for Seniors only as a conditional use. This amendment will allow Residential Care for Seniors in PD-H1 as a permitted use,thereby removing this disparity in the Zoning Ordinance. Recommendation Staff recommends approval. The ordinance for City Council's consideration is included below. City of Virginia Beach Agenda Item 15 Page 1 Ordinance 1 AN ORDINANCE TO AMEND SECTION 1110 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO RESIDENTIAL CARE FOR 4 SENIORS 5 6 Section Amended:City Zoning Ordinance§ 1110 7 8 WHEREAS,the public necessity, convenience,general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH,VIRGINIA: 13 14 That Section 1110 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec.1110.-Land use regulation. 18 19 (a) The land use plan approved by city council, or as modified, for each 20 planned unit development project shall govern the development, and all land uses shall 21 be in accordance with it. 22 23 (b) Modifications to the land use plan by city council shall be in the manner of 24 a zoning change or by conditional use permit for uses designated in subsection(d). 25 26 (c) Within a PD-H1 District, all of the principal uses and structures permitted 27 within an A-12 Apartment District other than hospitals and sanitariums, together with the 28 following enumerated uses and structures,shall be permitted: 29 30 (1) Fraternity and sorority houses, student dormitories and student centers; 31 32 (2) Housing for seniors and disabled persons,with a conditional use permit; 33 34 (3) Marinas; 35 36 (4) Private clubs or social centers provided that clubs where conduct of 37 commercial affairs is a principal activity shall not be permitted-:and 38 39 f5) Residential care for seniors, provided that no more than one(1) employee 40 other than a bona fide resident of the dwelling shall be permitted. 41 42 (d) Within a PD-H1 District, the following uses shall be allowed as conditional 43 uses: 44 45 (1) Communication towers; 46 City of Virginia Beach Agenda Item 15 Page 2 Ordinance 47 (2) Family day-care homes; 48 49 (3) Group homes; 50 51 (4) Kennels, residential; 52 53 (5) Religious uses; and 54 55 - _ - 56 57 58 (7-6) Wind energy conversion systems,free standing and roof-mounted. 59 60 61 62 COMMENT 63 64 This amendment makes residential care for seniors a permitted use in the PD-HI Zoning 65 District rather than a conditional use. Residential care for seniors is currently a permitted use in 66 other residential zoning districts. Adopted by the Council of the City of Virginia Beach,Virginia, on the day of ,2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: , 5 Planning Depa ment 4 City A or.ey's Office l\ J CA13816 R-3 August 31,2016 2 City of Virginia Beach Agenda Item 15 Page 3 Item#15 City of Virginia Beach An Ordinance to Amend Section 1110 of the City Zoning Ordinance, pertaining to Residential Care for Seniors in the PD-H1 Planned Unit Development District October 12, 2016 CONSENT An Ordinance to Amend Section 1110 of the City Zoning Ordinance, pertaining to Residential Care for Seniors in the PD-H1 Planned Unit Development District. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 15. 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 15 for consent. Kevin Kemp appeared on behalf of the City. s�,�Nu may, ,E ,,, _ moi' �u i``` ;�. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - AN ORDINANCE TO AMEND SECTION 111 OF THE CITY ZONING ORDINANCE PERTAINING TO THE DEFINITION OF MAJOR ENTERTAINMENT VENUE MEETING DATE: December 6, 2016 • Background: This proposed amendment will revise the definition of a Major Entertainment Venue to include museum exhibits and will allow facilities such as the Virginia Aquarium and Marine Science Museum to have specific sign packages approved by City Council. The signs for these venues are currently subject to the sign regulations of the Zoning District in which they are located. This amendment also removes the requirement in the definition that these venues be located within a Strategic Growth Area. • Considerations: This amendment will allow for museum venues, such as the Virginia Aquarium and Marine Science Museum, to have signs comparable with other large visitor-driven facilities, without seeking a variance to the sign regulations from the Board of Zoning Appeals. 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. • Attachments: Staff Report Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department :a 46 .,\ 1 a., City Manage IMP • 1 AN ORDINANCE TO AMEND SECTION 111 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO THE DEFINITION OF 4 MAJOR ENTERTAINMENT VENUE 5 6 Section Amended: City Zoning Ordinance § 111 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 111 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec. 111. - Definitions. 18 19 . . . . 20 21 Major entertainment venue. An establishment located within a Strategic Growth 22 Area other than in an Agricultural, Residential or Apartment District on any zoning lot of 23 one and one-half (11/2) acres or more in area and having more than three hundred (300) 24 feet of continuous street frontage on a public street or streets, the principal use of which 25 is to provide entertainment consisting of organized professional sporting events, 26 whether participatory or spectator, live theatre presentations or concerts, conventions, 27 museum exhibitions, trade shows, rides or other attractions typically found in 28 amusement parks, or similar types of entertainment activities. 29 30 . . . . 31 32 Sec. 218. - Major entertainment venue signs. 33 34 Signage for major entertainment venues, other than signage otherwise allowed, 35 shall be allowed only with the approval of the City Council and shall be subject to the 36 following requirements: 37 38 (a) An application for such signage shall be submitted to the Planning Director by 39 the property owner, contract purchaser with the written consent of the property 40 owner, or the duly authorized agent for the property owner. Applications shall 41 include a fee in the amount of Eight Hundred Dollars ($800.00), and the 42 required plan as described in subsection (b), along with any other information 43 required by the Planning Director. Applications shall be heard by the Planning 44 Commission and the City Council in accordance with the procedures prescribed 45 in subsections (d) and (e) of Section 221 of the City Zoning Ordinance. 46 47 (b) The sign plan shall show, in the form and manner specified by the Planning 48 Director, the type, location, setback, size, dimensions and height of all signs, 49 and any other characteristics of or information pertaining to such signage 50 deemed necessary by the Planning Director in order to adequately evaluate the 51 proposed sign plan according to the criteria set forth subsection (d). Individual 52 banners intended to display special or recurring events or activities shall not be 53 required to be approved separately, but it shall be sufficient that the sign plan 54 show the number, size and location of banners generally. 55 56 (c) Where a sign plan includes electronic display signage, the following additional 57 information shall be provided: 58 59 (1) The pixel pitch of the proposed electronic display signs; 60 61 (2) Whether such signs will display static or animated text or images, and the 62 dwell time for each display; 63 64 (3) The maximum and minimum illumination level in candelas per square 65 meter, and the times during which such illumination levels will be used; and 66 67 (4) In no case shall any electronic display sign contain, or be connected to, 68 audio speakers, and all electrical service lines providing power to such 69 signs shall be underground. 70 71 (d) The City Council shall consider the following criteria in acting upon an 72 application: 73 74 (1) The extent to which the proposed signage is consistent with applicable sign 75 regulations and Sign Design Guidelines, if any, of the district; 76 77 (2) The extent to which the proposed signage is consistent with the 78 recommendations of the Comprehensive Plan; 79 80 (3) The extent to which the scale, color, materials, shape, illumination and 81 landscaping of the proposed signage, considered as a whole, is compatible 82 with surrounding properties; 83 84 (4) The impact of the proposed signage on traffic safety, taking into 85 consideration the degree to which view obstructions are created or 86 improved, avoidance of confusion with or obstruction of traffic control signs 87 and devices, and other safety-related factors; and 88 89 (5) The degree to which the proposed signage is integrated into a unified 90 development concept, considering the building design, other signs, 91 landscaping, traffic circulation, and other development features of the 92 property. 2 93 94 COMMENT 95 96 This section is for reference only.No changes have been proposed to Section 218. 97 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: � c ;iceI/�� iV )191 Planning i-.artment Cit torny's Office CA13818 R-1 September 6, 2016 3 Applicant City of Virginia Beach Agenda Item Public Hearing October 12, 2016 Definition of Major Entertainment Venue 1 4 Cil y Virginia Beach Request An Ordinance to Amend Section 111 of the City Zoning Ordinance pertaining to the Definition of Major Entertainment Venue. Summary of Request The Virginia Aquarium& Marine Science Center requested a revision to the definition of Major Entertainment Venue to allow the Aquarium to meet the requirements of Section 218 of the City Zoning Ordinance which allows City Council to approve sign packages for Major Entertainment Venues. The attached amendments would allow the Aquarium to meet the definition of Major Entertainment Venue and, therefore;would be able to have City Council approve their sign package. Recommendation Staff recommends approval. The ordinance for City Council's consideration is included below. City of Virginia Beach Agenda Item 14 Page 1 Ordinance 1 AN ORDINANCE TO AMEND SECTION 111 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO THE DEFINITION OF 4 MAJOR ENTERTAINMENT VENUE 5 6 Section Amended:City Zoning Ordinance§111 7 8 WHEREAS,the public necessity,convenience,general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH,VIRGINIA: 13 14 That Section 111 of the City Zoning Ordinance is hereby amended and 15 reordained to read as follows: 16 17 Sec.111.-Definitions. 18 19 20 21 Major entertainment venue. An establishment located 22 Area other than in an Agricultural, Residential or Apartment District on any zoning lot of 23 one and one-half(1Y2)acres or more in area and having more than three hundred(300) 24 feet of continuous street frontage on a public street or streets,the principal use of which 25 is to provide entertainment consisting of organized professional sporting events, 26 live theatre presentations or concerts, conventions, 27 museum exhibitions, trade shows, '.: 28 amusement parte or similar activities. 29 30 31 32 Sec.218.-Major entertainment venue signs. 33 34 Signage for major entertainment venues, other than signage otherwise allowed, 35 shall be allowed only with the approval of the City Council and shall be subject to the 36 following requirements: 37 38 (a) An application for such signage shall be submitted to the Planning Director by 39 the property owner, contract purchaser with the written consent of the property 40 owner, or the duly authorized agent for the property owner. Applications shall 41 include a fee in the amount of Eight Hundred Dollars ($800.00), and the 42 required plan as described in subsection (b), along with any other information 43 required by the Planning Director. Applications shall be heard by the Planning 44 Commission and the City Council in accordance with the procedures prescribed 45 in subsections(d)and(e)of Section 221 of the City Zoning Ordinance. 46 City of Virginia Beach Agenda Item 14 Page 2 Ordinance 47 (b) The sign plan shall show, in the form and manner specified by the Planning 48 Director, the type, location, setback, size, dimensions and height of all signs, 49 and any other characteristics of or information pertaining to such signage 50 deemed necessary by the Planning Director in order to adequately evaluate the 51 proposed sign plan according to the criteria set forth subsection (d). Individual 52 banners intended to display special or recurring events or activities shall not be 53 required to be approved separately, but it shall be sufficient that the sign plan 54 show the number,size and location of banners generally. 55 56 (c) Where a sign plan includes electronic display signage, the following additional 57 information shall be provided: 58 59 (1) The pixel pitch of the proposed electronic display signs; 60 61 (2) Whether such signs will display static or animated text or images, and the 62 dwell time for each display; 63 64 (3) The maximum and minimum illumination level in candelas per square 65 meter,and the times during which such illumination levels will be used;and 66 67 (4) In no case shall any electronic display sign contain, or be connected to, 68 audio speakers, and all electrical service lines providing power to such 69 signs shall be underground. 70 71 (d) The City Council shall consider the following criteria in acting upon an 72 application: 73 74 (1) The extent to which the proposed signage is consistent with applicable sign 75 regulations and Sign Design Guidelines, if any,of the district; 76 77 (2) The extent to which the proposed signage is consistent with the 78 recommendations of the Comprehensive Plan; 79 80 (3) The extent to which the scale, color, materials, shape, illumination and 81 landscaping of the proposed signage, considered as a whole, is compatible 82 with surrounding properties; 83 84 (4) The impact of the proposed signage on traffic safety, taking into 85 consideration the degree to which view obstructions are created or 86 improved, avoidance of confusion with or obstruction of traffic control signs 87 and devices,and other safety-related factors;and 88 89 (5) The degree to which the proposed signage is integrated into a unified 90 development concept, considering the building design, other signs, 91 landscaping, traffic circulation, and other development features of the 92 property. 2 City of Virginia Beach Agenda Item 14 Page 3 Ordinance 93 94 COMMENT 95 96 This section is for reference only.No changes have been proposed to Section 218. 97 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: / dijeiv:( )41 j Tanning '-•artment Cit orney's Office CA13818 R-1 September 6,2016 3 City of Virginia Beach Agenda Item 14 Page 4 Item#14 City of Virginia Beach An Ordinance to Amend Section 111 of the City Zoning Ordinance pertaining to the Definition of Major Entertainment Venue October 12, 2016 CONSENT An Ordinance to Amend Section 111 of the City Zoning Ordinance pertaining to the Definition of Major Entertainment Venue. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 14. 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 14 for consent. Kevin Kemp appeared on behalf of the City. K APPOINTMENTS COMMUNITY POLICY AND MANAGEMENT TEAM-CSA HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION RESORT ADVISORY COMMISSION TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION -VBCDC L. UNFINISHED BUSINESS SI. NEW BUSINESS N. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** 12/6/16 st CITY COUNCIL SPECIAL FORMAL SESSION "Swearing-In" Ceremony January 3, 2017 Time: tba Virginia Beach City Council Chamber CITY COUNCIL WINTER RETREAT Economic Development Conference Room Suite 700 4525 Main Street„ Town Center February 13-14, 2017 8:30 AM to 4:30 PM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE: 11/15/2016 PAGE: 1 A ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOK MMS HL W O Y L N A O O O R S 0 R EE ENSNMI 00 T R Y S E SDSNND CITY COUNCIL/SCHOOL BOARD JOINT WORKSHOP David Bradley, A. FIVE-YEAR FINANCIAL Director of Budget FORECAST and Management Services Farrell Hanzaker, Chief Financial Officer for Schools II CITY COUNCIL BRIEFING A. JOINT EXPEDITIONARY Captain Daniel BASE LITTLE CREEK-FORT Senesky, STORY Commanding Officer III. CITY MANAGER'S BRIEFINGS A. NATIONAL MARINE SANCTUARY Lynn Clements, NOMINATION Director—Museums and Historic Homes Mark Swingle, Virginia Aquarium Director of Research and Conservation David L.Hansen,City B. HURRICANE MATTHEW Manager RECOVERY UPDATE David L.Hansen,City C. LIGHT RAIL DISCUSSION Manager IVN/VII CERTIFICATION OF CLOSED 11—0 Y Y Y Y Y Y Y Y Y Y Y A-E SESSION VII.F MINUTES APPROVED 11—0 Y Y Y Y Y Y Y Y Y Y Y November 1,2016 VII.G FORMAL SESSION AGENDA CONSENT AGENDA VII.H MAYOR'S PRESENTATIONS PROCLAMATION— Jennifer Murphy, World Pancreatic Cancer Day Volunteer VIII PUBLIC COMMENT 27 Speakers On-Line Home Sharing Economy Ad Hoc Committee Recommendations (AIRBNB) VII.J.1 Resolution to DECLARE CityProperty ADOPTED,BY p ' 11—0 Y Y Y Y Y Y Y Y Y Y Y CONSENT surrounding Price Street Apartments as a Revitalization Area to qualify for (VHDA)financing CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE: 11/15/2016 PAGE: 2 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOK MMS HL W O Y L N A O O O R S 0 R E E ENS NM I 00 T R Y S E S DSNND VII.J.2 Resolution AUTHORIZING ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y participation in Criminal Justice CONSENT Services'Certified Crime Prevention Community program VII.J.3 Resolution AFFIRMING the City DEFERRED 11—0 Y Y Y Y Y Y Y Y Y Y Y Council's support of the nomination of the INDEFINITELY,BY Norfolk Canyon as a National Marine CONSENT Sanctuary VII.J.4 Resolution REQUESTING General ADOPTED 11—0 Y Y Y Y Y Y Y Y Y Y Y Assembly UTILIZE the City's recommendations in any Legislation during the 2017 Session of General Assembly dealing with the On-Line Home Sharing Economy(AIRBNB) VII.J.5a TRANSFER$65,000 from General Fund ADOPTED 10-1 Y Y Y Y Y N Y Y Y Y Y to City Manager to PROCURE services/ study impact of short-term lodging VII.J.5b APPROPRIATE$1,501,607/ ADOPTED,BY 11—0 Y Y Y Y Y Y Y Y Y Y Y TRANSFER$2,525,000 to support the CONSENT Hurricane Matthew Recovery VII.J.5c APPROPRIATE$16,754,643 to the ADOPTED,BY 11—0 Y Y Y Y Y Y Y Y Y Y Y CONSENT School Reversion Fund: (1)$10,000,000 to the School Reserve Special Revenue fund to address the anticipated operating Budget shortfall in FY 2018 (2)$6,754,643 re Operating Budget: (a)$2,700,000 re employee compensation (b)$2,116,415 re buses/vehicles (c)$809,625 re wireless network (d)$154,670 re replacement vehicles (e)$500,000 re Technology Initiative;"Access for all Students" (f)$473,933 re electronic door access at schools VII.J.5d APPROPRIATE$175,000 re interest- ADOPTED,BY 11—0 Y Y Y Y Y Y Y Y Y Y Y free loan to the Ocean Park Volunteer CONSENT Rescue Squad Inc. VII.J.5e ACCEPT/APPROPRIATE a$12,852 ADOPTED,BY 11—0 Y Y Y Y Y Y Y Y Y Y Y Grant for Four-for-Life EMS training CONSENT VII.J.5f ACCEPT/APPROPRIATE a$289,817 ADOPTED,BY 11—0 Y Y Y Y Y Y Y Y Y Y Y Grant for Commonwealth Attorney's CONSENT Victim Witness Program/TRANSFER $151,918 to AUTHORIZE Grant-funded positions CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE: 11/15/2016 PAGE: 3 A _ ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MSU I P DN OK MMS H L W O Y L N A O O O R S 0 R E E ENS NMI 00 T R Y S E S DSNND VII.J.5g ACCEPT/APPROPRIATE$505,845 ADOPTED,BY 11—0 Y Y Y Y Y Y Y Y Y Y Y from VD Agriculture/Consumer Services CONSENT to reimburse the City for a portion of the cost to ACQUIRE a Preservation Easement at 1620 Princess Anne Road (ARP) VII.J.5h ACCEPT/APPROPRIATE$999,000 ADOPTED,BY 11—0 Y Y Y Y Y Y Y Y Y Y Y from VDOT to Public Works re road CONSENT paving VI.J.5i TRANSFER$282,000/AUTHORIZE a ADOPTED,BY 11—0 Y Y Y Y Y Y Y Y Y Y Y Grant to the Lynnhaven River NOW for CONSENT Education/Community Outreach program VII.K.1 ESTATE OF JAMES M.BOYCE BY APPROVED/ 11—0 Y Y Y Y Y Y Y Y Y Y Y SHARON SIMON(EXECUTRIX), CONDITIONED,BY Variance re single family dwellings at CONSENT 4472 Lee Avenue DISTRICT 4—BAYSIDE VII.K.2 ANN RIGGS HENLEY/RICHARD APPROVED/ 11—0 Y Y Y Y Y Y Y Y Y Y Y RIGGS Variance re two lots at 3120 CONDITIONED,BY Colchester Road CONSENT DISTRICT 7—PRINCESS ANNE VII.K.3 OCEAN BREEZE HOLDING,LLC APPROVED/ 10—0 Y Y Y Y Y Y Y A Y Y Y Modification of Condition No.8 re CONDITIONED,BY B outdoor recreation for musical events at CONSENT s T 849 General Booth Boulevard A DISTRICT 6—BEACH N E D VII.K.4 FRANKLIN JOHNSTON GROUP APPROVED/AS 11—0 Y Y Y Y Y Y Y Y Y Y Y MANAGEMENT/DEVELOPMENT, PROFFERED,BY LLC./ABP VA,LLC Conditional COZ CONSENT from I-I to Conditional A-36 at 200 Price Street re the Pembroke SGA Plan DISTRICT 4—BAYSIDE VII.K.5 OCEAN BAY HOMES, INC. / 3744 APPROVED/AS 10—0 Y Y Y Y Y Y Y A Y Y Y SHORE ASSOCIATES,LLC: PROFFERED/ g a. Conditional COZ from B-2 to CONDITIONED,BY s CONSENT Conditional B-4 re Shore Drive A Overlay to consolidate parcels N b. CUP re multiple-family dwelling at E 3736/3744 Shore Drive D c. Comprehensive Plan:Suburban Focus Area 1,Shore Drive Corridor DISTRICT 4—BAYSIDE VIl.K.6 DONNA HOUSE/NORTHAMPTON APPROVED/ 11—0 Y Y Y Y Y Y Y Y Y Y Y EXECUTIVE CENTER,LLC for CUP CONDITIONED,BY re Tattoo Parlor at 1300 Diamond Springs CONSENT Road DISTRICT 4—BAYSIDE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE: 11/15/2016 PAGE: 4 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOK MMS H L W O Y L N A O O O R S 0 R EEENSNM I 00 T R Y S E S DS NND VII.K.7 CITY Ordinance to AMEND Sections ADOPTED,BY 11—0 Y Y Y Y Y Y Y Y Y Y Y 1001 of the CZO pertaining to Fiber- CONSENT Optic Transmission VI.L APPOINTMENTS RESCHEDULED B YCONS ENS U S COMMUNITY POLICY AND MANAGEMENT TEAM—CSA HEALTH SERVICES ADVISORY BOARD RESORT ADVISORY COMMISSION TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION— VBCDC BUILDING CODE OF APPEALS Reappointed: 11—0 Y Y Y Y Y Y Y Y Y Y Y Thomas Atherton,III Ruth W.Bell Jimmie A.Koch Morton H.Savell Scott F.Cole Steven Koziol Michael G.Swindell James S.Witcher Chris Ettel Richard C.Hudson,III Mark Ricketts Kenneth Rodman,Jr. Rick Savino Robert L.Yoder Griffith Brinkely Travis Chick Richard S.Corner Peter C.Striffler James D.Wells 2 Year Term 01/01/17—12/31/18 COMMUNITY SERVICES BOARD- Appointed: 11—0 Y Y Y Y Y Y Y Y Y Y Y CSB Toney Reeves— Consumer Patricia Alspaugh— Family Member 3 Year Term 01/01/17—12/31/20 HAMPTON ROADS ECONOMIC Reappointed: 11—0 Y Y Y Y Y Y Y Y Y Y Y DEVELOPMENT ALLIANCE Dorothy Wood 1 Year Term 01/01/17—12/31/17 VI.M/N/O ADJOURNMENT 7:30 PM