No preview available
HomeMy WebLinkAboutFEBRUARY 21, 2017 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL rHv.Me4c MAYOR WILLIAM D.SESSOMS,JR,At-Large . y� VICE MAYOR Lou's R.JONES.Basle-District 4 pis amil JESSICA P ABBOTT.Kempsville-District 2T M.BENJAMIN DAVENPORT At Large UC ROBERT M.DYER Centerville-District l BARBARA M.HENLEY.Princess Anne Dubin i _Kj+• "'l . SHANNON DS KANE.Rose Hall District 3 _ JOHN 0.MOSS At Large L4oh. „ JOHN E.UHRIN,Beach District 6 ROSEMARY WILSON,At-Large JAMES L. WOOD,Lvanhaven-District 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER DAVID L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY MARK D.STILES CITY COUNCIL AGENDA PHONE:(7574 385-4303 COY ASSESSOR JERALD D.BANAGAN FAX(75 7)385-5 66 9 CITY AUDITOR LYNDONS.REMIAs FEBRUARY 21,2017 E-MAIL:gvencI %bgomcom CITY CLERK RUTH HODGES FRASER,MM(' MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY MANAGER BRIEFINGS - Conference Room- 3:00 PM 1. VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) Andrew Friedman, Director—Housing and Neighborhood Preservation 2. CAVALIER TOURISM DEVELOPMENT FINANCING PLAN Patti Phillips, Director—Finance 3. ATLANTIC AVENUE and TRANSPORATION PARTNERSHIP OPPORTUNITY FUND GRANT APPLICATION Thomas Leahy, Deputy City Manager 4. INTERIM FINANCIAL REPORT Patti Phillips, Director—Finance II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -Conference Room- 5:15 PM A. CALL TO ORDER— Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Archie Callahan Pastor- Bridge Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES February 7, 2017 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION RESOLUTION —In Recognition Anthony "Tony" Cooke, Firefighter 1. PUBLIC HEARINGS 1. LEASES of City Property: a. Beach N Seafood LLC at Virginia Beach Farmers Market, Suite 815 b. Ocean Water LLC at 4th Street and Atlantic Avenue J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. § 2-151 Office of City Manager terminology re titles of employees to minor § 2-75 b. § 2-319 name change from Mental Health, Mental Retardation and Substance Abuse Division to Behavioral Health and Development Services c. § 5-104 re Membership of the Animal Control Unity Advisory Board d. § 36-96 re Operation of taxicabs effective only through the 2016-2017 School year to automatically SUNSET on June 30, 2017. e. ADD § 12-27.1 re a Service Charge for Non- Emergency Medical Calls 2. Ordinances to AUTHORIZE Leases of City property: a. Beach N Seafood, LLC re sale of fresh seafood at Virginia Beach Farmer's Market, Suite No. 815 b. Ocean Water LLC re overflow parking for guests, employees and customers of Waterman's Restaurant and Ocean Key Resort at 4°' Street and Atlantic Avenue 3. Resolution to APPOINT Jennifer Anne Grundler to the position of Deputy City Clerk II, effective January 5, 2017 4. Ordinance to EXTEND the date for satisfying the conditions on behalf of Amy R. Slagle re closure of one-half of an unimproved, unnamed alley near 829 South Atlantic Avenue DISTRICT 6 - BEACH 5. Resolutions to DIRECT: a. City Attorney to draft an Ordinance removing Light Rail taxes and fee increases b. City Manager to segregate revenues for repayment of Norfolk Southern right-of-way acquisition costs. 6. Ordinance to AUTHORIZE a temporary encroachment into a portion of the City's right-of-way re a trench at 21" Street DISTRICT 6-BEACH 7. Ordinances to ACCEPT and APPROPRIATE: a. $20,180 Grant funding from the Virginia Department of Emergency Management to the Emergency Management b. $9,500 in DONATIONS to Emergency Management 8. Ordinance to TRANSFER$135,500 from the Reserve for Contingencies to the Voter Registration and Elections re the January 10,2017, Special Election for the 85°'House District K. PLANNING I. VIRGINIA DILL and STEVEN M. LARGENT for a Variance to Section 4.4 (b) of the Subdivision Regulations re lot width at 2644 Seaboard Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 2. DANIEL W. FENTRESS DISTRICT 7—PRINCESS ANNE a. Variance to Section 4.4 (b) & (d) of the Subdivision Regulations re lot width at 1660 Princess Anne Road b. Conditional Use Permit re Alternative Residential Development RECOMMENDATION: APPROVAL 3. STANLEY and EVELYN ICHOLA for a Conditional Use Permit re Family Day-Care at 1617 Wicomico Lane DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 4. WAYNE and KIMBERLY JOHNSON for a Conditional Use Permit re Home-Based Wildlife Rehabilitation at 1951 Clifton Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 5. HAC PROPERTIES II, LLC for a Conditional Use Permit re Assembly Use for weddings and similar events at 2041 and 2033 Indian River Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 6. FUSION CYCLES, INC., dba FUSION CYLES and MSF HOLDINGS,LLC for a Conditional Use Permit re Small Engine Repair for motorcycles and mopeds at 6353 Indian River Road DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 7. RHETT A. REBOLD for VIBRANT BREWING COMPANY and WONG FOON YUEN & WONG BIK YOK for a Conditional Use Permit re a Craft Brewery and Open-Air Market for food trucks at 4001 Shore Drive DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 8. HOGS TOOTH PRECISION, LLC and FRANZ LEEK for a Conditional Use Permit Firearm Sales at 1247 Princess Anne Road (Deferred January 17, 2017) DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 9. MCQ BUILDERS, LLC and ANNIE JONES, JAMES C. and CATHERINE HARRIS, HOLLIS ROAD ASSOCIATES, LLC for a Conditional Change of Zoning from R-10 Residential to Conditional PD-H2 (A-12 Apartment) at 4732, 4712, 4708 and 4704 Indian River Rd (Deferred December 6, 2016) DISTRICT 1 —CENTERVILLE RECOMMENDATION: STAFF —DENIAL PLANNING COMMISSION - APPROVAL L. APPOINTMENTS GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION OPEN SPACE ADVISORY PARKS AND RECREATION COMMISSION RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION—VBCDC WETLANDS BOARD WORKFORCE HOUSING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Virginia Beach City Council Speaker time Limits ORDINANCES/RESOLUTIONS: Each registered speaker sr ill base three (3) minutes to support the (locomen( ur express concerns PLANNING ITEMS: Applicants, or their representatit es.trill base ten (Ill) minutes to define the need or explain the intent plus three Of minutes for rebuttal Speakers trill have litrue (3) minutes to speak once in las or or opposed. 1 CITY COUNCIL CI?BRIEFING AND BUDGET WORKSHOP SCHEDULE FOR THE FY 2017-18 RESOURCE MANAGEMENT Tuesday,February 28`s Tuesday,April 18th Buildings—CIP Briefing Virginia Beach City Public Schools Libraries Tuesday,March 7'" Economic Development Roadways—CIP Brief Agriculture Economic Vitality—CIP Briefing Convention and Visitors Bureau Stonnwater—CIP Brief Housing and Neighbor Hood Preservation Tuesday,March 14th SI'P(1,AI I URVt.AI SISSIOK Coastal CIP Brief Public I Ictmng 6i](1 pm Park and Recreation-CIP Briefing CIIv Council ('Ii:unha Tuesday.April 25th Tuesday,March 2V' Cultural Affairs Information Technology—CIP Briefing Museums Water and Sewer—CIP Briefing Parks and Recreations Treasurer Tuesday,March 28th Commission of Revenue Presentation of Cite Manager's Proposed Budget General Registrar City Attorney Tuesday.April 4th City Auditor Commonwealth's Attorney City Clerk Clerk of Circuit Court Real Estate Assessor's Office Sheriff and Corrections Information Technology Juvenile and Domestic Relations District Court Finance Circuit Court Human Resources Magistrates Office Communications Office Juvenile Probation STIR office General District Court Debt Service Emergency Communications and Citizen Services Budget and Management Services Emergency Medical Services Non-Departmental Fire Department City Manager's Office Office of Emergency Management Police Department Thursday,April 2?(Called Meeting SI'I (I,AI I ORM Al SI:SSION Tuesday,April IP" Public I lCIri ng nlanp.m. Planning ILiv.idc !Ugh School Public Utilities Public Works Tuesday.May 2"" Health Department Reconciliation Workshop Human Services Tuesday,May 9's(Called Meeting} Budget and CIP Vote HEAR YE,HEAR YE JUIN IM)IRTII I \\() THOCS,IND SEVENTEEN IS A ('I IV 1101.11) 11 BY ORDINANCE,JULY FORMAL SESSIONS OF VIRGINIA BEACH CITY COUNCIL ARE SCHEDULED FOR THE FIRST and SECOND TUESDAYS IN JULY 21117 VIRGINIA BEACII CITY COUNCII. FORMAL SESSIONS WILL BE HELD ON THE SECOND AND THIRD TUESDAYS kill NY I I AND JULY 181 CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL .,GWu eet MAYOR WILLIAM 13 SESSOMS.IA AI-Large �` CTL VICE MAYOR LOUIS R.JONES Bd. District4 Q`< JESSICA P.ABBOTT.K RT.A District2 r M BENJAMIN DAVENPORT,A(Large ROBERT M.DYER.Centerville O l � BARBARA M.HENLEY Princess Ane Divines SHANNON DS KANE.Rose Hall D¢bict 3 __ JOHN 0 MOSS.At Large ,�eF. • JOHN F_UNPIN.Beach District 5 ROSEMARY WILSON,At-Large JAMESL. WOOD,Lynnhaven Ditrict5 CITY HALL BUILDING 140/COURTHOUSE DRIVE CITY COUNCIL APPOINTEES CITY MANAGER DAVID L.HANSEN VIRGINIA REACH VIRGINIA 23456-9005 CITY ATTORNEY MARK D.STILES CITY COUNCIL AGENDA PHONE'(757)385-4303 CITY ASSESSOR JERALD D.BANAGAN FAX(757)385-5669 CITY AUDITOR LYNDON S.REMIAS FEBRUARY 21, 2017 E-MAIL:Ctycncl(ovbgoycom C' CITY CLERK RUTH HODGES FRASER,MM MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY MANAGER BRIEFINGS - Conference Room- 3:00 PM I. VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) Andrew Friedman, Director—Housing and Neighborhood Preservation 2. CAVALIER TOURISM DEVELOPMENT FINANCING PLAN Patti Phillips, Director—Finance 3. ATLANTIC AVENUE and TRANSPORATION PARTNERSHIP OPPORTUNITY FUND GRANT APPLICATION Thomas Leahy, Deputy City Manager 4. INTERIM FINANCIAL REPORT Patti Phillips, Director— Finance II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room- 5:15 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Archie Callahan Pastor- Bridge Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES February 7, 2017 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA I. CONSENT AGENDA H. MAYOR'S PRESENTATION RESOLUTION—In Recognition Anthony"Tony" Cooke, Firefighter ta.eE90y 04 t s r RESOLUTION WHEREAS, Anthony "Tony" Cooke was the first African American to become a "Career Firefighter"for the City Of Virginia Beach; WHEREAS, Tony Cooke passed away peacefully December 27, 2016 and will be missed by all who knew him. He was a Virginia Beach native, and an Army Veteran of the Viet Warn War: WHEREAS, Tony Cooke was a prominent figure and member of Virginia Beach's Seatack Community where he served as a Volunteer Firefighter for the Seatack Volunteer Fire Department which was an independent, all-black station established in 1948. Tony joined the Virginia Beach Fire Department in 1976 as the City's "First Black Firefighter", WHEREAS, He occasionally encountered residents who would not allow him to enter their homes after they had called for help. He dealt with racism with the same grace and professionalism that he met all of life's challenges inspiring other African Americans considering a career in Virginia Beach's Fire Service to pursue their dream; WHEREAS, Tony Cooke received the Medal of Honor in 1987,just ten years after he joined VBFD,for saving the lives of four children trapped in a burning apartment. He carried a child under each arm while leading the other two children out as they clung to his coat Afterward Tony said, "I was just determined to go in and find them.'^and. WHEREAS, Tony Cooke retired from the Virginia Beach Fire Department in 2001 after serving with distinction for twenty-five years and will be remembered by his brothers and sisters in the Department as a dedicated public servant, a gentleman and a loving husband to his devoted wife,Rosita Marshall Cooke, NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council pause in its deliberations to pay tribute to TONY COOKE and his beloved family with a copy of this Resolution spread upon the Minutes of this Formal Session of the Virginia Beach City Council this 21st day ofFebruary, Two Thousand Seventeen. ✓�� /yamAOF Council Lai esne wA66on Counal keen ma ,rypn • •be cob"ayvr Coup/ +y`m,6am sfyle am ![ `nos Kane '',, o60'11"i/2111.1 - ?lman Jo fin L tMnn Council Cady tops •Wf&on Court. a L.11,ned •c a mayor Low ones ;Nayorvt thin/r Sessonu,9r. I. PUBLIC HEARINGS 1. LEASE of City Property: a. Beach N Seafood LLC, Virginia Beach Farmers Market, Suite 815 b. Ocean Water LLC, 4th Sheet and Atlantic Avenue a PUBLIC HEARING LEASE OF CffY PROPERTY The Virginia Beach City Council will hold a RUBLE HEARING on February 21, 2017 at fiW p.m. in the Council Chamber, Cly Hall - Bldg. 1, Virginia Beach Municipal Center. The purpose of 0116 hearing will be to obtain public comment regarding the proposed of the following City-ownedpropenlas,as defined below: Located at the Virginia Beach Farmers Market- Suite N0. 815. appro,imatey 720 square feet of space to Beach N Seafood LLC Located at 4"Street and Atlantic Ave- Approeimatel 17,868 sq. ft (0.41 acre),to Ocean Water LW If you are physically disabled or visually impaired and need assistance at this meeting. please call the Cm Clerk's Office at 3854303 hearing impaired Call 711 Any questions coning this matter should be directed to the Department of Public Works - Facilities Management Office, Room 228. Building 18, at the Virginia Beach Municipal Center 1757) , 385-5659. Ruth Hod s MMC City Clerk Beacon: Sunday,February 12,2017 J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. § 2-151 Office of City Manager terminology re titles of employees to mirror § 2-75 b. § 2-319 name change from Mental Health, Mental Retardation and Substance Abuse Division to Behavioral Health and Development Services c. § 5-104 re Membership of the Animal Control Unity Advisory Board d. § 36-96 re Operation of taxicabs effective only through the 2016-2017 School year to automatically SUNSET on June 30,2017. e. ADD § 12-27.1 re a Service Charge for Non- Emergency Medical Calls 2. Ordinances to AUTHORIZE Lease of City property: a. Beach N Seafood, LLC re sale of fresh seafood at Virginia Beach Farmer's Market, Suite No. 815 b. Ocean Water LLC re overflow parking for guests, employees and customers of Waterman's Restaurant and Ocean Key Resort at 4th Street and Atlantic Avenue 3. Resolution to APPOINT Jennifer Anne Grundler to the position of Deputy City Clerk II, effective January 5, 2017 4. Ordinance to EXTEND the date for satisfying the conditions on behalf of Amy R. Slagle re closure of one-half of an unimproved, unnamed alley near 829 South Atlantic Avenue DISTRICT 6 - BEACH 5. Resolutions to DIRECT: a. City Attorney to draft an Ordinance removing Light Rail taxes and fee increases b. City Manager to segregate revenues for repayment of Norfolk Southern right-of-way acquisition costs. 6. Ordinance to AUTHORIZE a temporary encroachment into a portion of the City's right-of-way re a trench at 21" Street DISTRICT 6-BEACH 7. Ordinances to ACCEPT and APPROPRIATE: a. $20,180 Grant funding from the Virginia Department of Emergency Management to the Emergency Management b. $9,500 in DONATIONS to Emergency Management 8. Ordinance to TRANSFER$135,500 from the Reserve for Contingencies to the Voter Registration and Elections re the January 10, 2017, Special Election for the 85th House District I CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Amend Section 2-151 of the City Code Pertaining to the Office of the City Manager MEETING DATE: February 21, 2017 • Background: Titles of employees in the City Manager's office changed from Chief Financial Officer, Chief of Staff and Chief Operating Officer to Deputy City Managers. This was updated in City Code Section 2-75; however, City Code Section 2- 151 still refers to these employees by the former titles. This amendment will update the terminology in City Code Section 2-151 to mirror that in 2-75 to reflect the change in titles. • Considerations: The requested change will ensure consistency between the City Code sections and terminology used by the City. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Approval of Ordinance • Attachments: Ordinance. Recommended Action: Approval Submitting D ment/Agency: Human Resour rt City Manage 1 AN ORDINANCE TO AMEND SECTION 2-151 2 OF THE CITY CODE PERTAINING TO THE 3 OFFICE OF THE CITY MANAGER 4 5 SECTION ADDED: § 2-151 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 2-151 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and ordained to read as follows: 12 13 Sec. 2-151. - Office of the city manager. 14 15 There shall be in the office of the city manager four deputy city managers a-chief 16 a _: _ _ x- _ e • _. , _ .. - a 17 assistants to the city manager, and support staff, whose duties shall be such as may 18 be prescribed by the city manager. 19 20 The deputy city managers - • , = - • ' ' • 21 -- - _ - _ • .- and assistants to the city manager shall be appointed by 22 the city manager and may be removed by the city manager at any time. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: cHuman Resources City 1 torney's Office CA13672 R-2 January 4, 2017 [ i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTION 2-319 OF THE CITY CODE TO CHANGE THE NAME OF THE MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE DIVISION TO BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES MEETING DATE: February 21, 2017 • Background: The Virginia Beach Department of Human Services requests a division name change from Mental Health, Mental Retardation and Substance Abuse to Behavioral Health and Developmental Services. This change in language is in keeping with state and federal legislative changes enacted to decrease the stigma associated with the term "retardation". This change will also more clearly and accurately identify the populations for whom the Department of Human Services provides services. • Considerations: Based on legislative trends, public opinion, and staff feedback, a recommendation was made to change the name of the Division to better reflect the services we provide as well as reduce stigma from language that can be perceived as negative in connotation. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Approve Ordinance • Attachments: Ordinance Recommended Action: Approval Submitting D- . Human Service" City Manage I 1 AN ORDINANCE TO AMEND SECTION 2-319 2 OF THE CITY CODE TO CHANGE THE 3 NAME OF THE MENTAL HEALTH, MENTAL 4 RETARDATION AND SUBSTANCE ABUSE 5 DIVISION TO BEHAVIORAL HEALTH AND 6 DEVELOPMENTAL SERVICES 7 8 SECTION AMENDED: § 2-319 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Section 2-319 of the Code of the City of Virginia Beach, Virginia, is hereby 14 amended and ordained to read as follows: 15 16 Sec. 2-319. - Establishment and responsibilities of division of mental-health , 17 •• .. - - . - . - . : . - - - - Behavioral Health and 18 Developmental Services. 19 20 There is hereby established, within the department of human services, the 21 division of ••- • - • - . •, ••- • - - - =- - - - - - -- - - -- - - --- - -..--- Behavioral 22 Health and Developmental Services, which shall consist of such officers and employees 23 as may be provided by ordinance or by orders or directives consistent therewith. This 24 division shall be responsible for the exercise of all mental behavioral health, mental 25 retardation developmental and substance abuse services functions imposed on 26 municipalities by general law and provide such services in coordination with the advice 27 from the community services board. Adopted by the City Council of the City of Virginia Beach, Virginia, on this dayof , 2017. A• •;;OVE• AS TO C�'TE : APPROVED AS TO LEGAL SUFFICIENCY: i ' . ,P07----- I epartment of uman -rvices City ttorney's Office CA13923 R-1 February 3, 2017 [. 45p--J?,,,,;:, ir CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 5-104 of the City Code Pertaining to Membership of the Animal Control Unit Advisory Board MEETING DATE: February 21, 2017 ■ Background: The Animal Control Unit of the Police Department is comprised of two branches: enforcement and sheltering. The mission of the Unit is to balance the health, safety and welfare needs of the people and animals in our City. The Animal Control Unit Advisory Board to provides recommendations to the Police Department on matters related to animal care and control activities. This ordinance would increase the voting membership of the Animal Control Advisory Board from seven (7) to nine (9) voting members by adding the Virginia Beach Health Department representative (currently a non-voting member) and a second unaffiliated citizen member. Additionally, the amendment will allow the Virginia Beach Police Department to have some discretion with the appointment of the representatives of the VBSPCA, Friends of Animal Control and the veterinarian community. ■ Considerations: The current voting members consist of representatives of the Virginia Beach SPCA, Friends of Virginia Beach Animal Control and the South Hampton Roads Veterinary Medical Association, plus an interested citizen who is not affiliated with any of these groups. The staff members specified in the ordinance serve as the four non-voting members. In addition to adding two voting members, the ordinance will permit the police department to select from nominees submitted by the respective organizations and will require that the persons nominated be current members in good standing of the organization from which they are nominated. ■ Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance Requested by Councilmembers Dyer and Wood REQUESTED BY COUNCILMEMBERS DYER AND WOOD 1 AN ORDINANCE TO AMEND SECTION 5-104 OF THE CITY 2 CODE PERTAINING TO MEMBERSHIP OF THE ANIMAL 3 CONTROL UNIT ADVISORY BOARD 4 5 SECTION AMENDED: § 5-104 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section § 5-104 of the City Code is hereby amended and reordained, to read 11 as follows: 12 13 Sec. 5-104. - Membership. 14 15 The advisory board shall consist of seven nine ($9)voting members and few three 16 (43) nonvoting members, plus two(2) nonvoting city council liaisons.The members shall be 17 appointed by the police department.The seven nine (79)voting members shall consist of: 18 Ttwo (2) Virginia Beach SPCA ("VBSPCA")_ 1 representatives tives {-whose—names—will-4e -wof VirginiaBeach few�i mal 19 • -• • •- •- • : e t ••.- - - 20 Control ("the Friends") - = - - • • -- 21 Friends); two (2) representatives from the external veterinary community(when And-an4 • 222 -: - 23 al interested citizens who is are not affiliated with any of the above groups and a 24 re•resentative of the Vir•inia Beach Health De ailment. When requested in order to fill a 25 vacanc on the adviso Board the VBSPCA Director the officers of the Friends and the 26 South Ham'ton Roads Veterina Medical Association shall each submit a list of at least 27 four 4 nominees for a• •ointment b the .olice de,artment as the re.resentatives of their 28 res•ective or.anizations. An of the .ersons nominated must be current members in •ood 29 standing of the organizations from which they are nominated. The ado•ption center • 30 manager, the animal enforcement unit lieutenant, - - : - - ' . - ' - - . ' . - 31 Ment, and the adoption center veterinarian shall be the few three (43) 32 nonvoting members and shall be appointed-as permanent members of the advisory board. 33 All voting members shall be residents of the City of Virginia Beach and shall be appointed 34 to three-year terms and subject to a term limit of three (3)consecutive three-year terms.Of 35 36 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGALSUFFICIENCY: amestef. vera Eliza th DeJarnette eryCity •ttorney's Office Police Department CA13921 R-1 January 31, 2017 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 36-96 of the City Code Pertaining to the Operation of Taxicabs within the City MEETING DATE: February 21, 2017 • Background: In 2014, Virginia Beach City Public Schools (VBCPS) entered into a multi-year contract with Hampton Roads Transportation, Inc. (HRTI) for HRTI to deploy its taxicabs to transport homeless students to and from schools in the City, and that contract is in effect for the 2016-2017 school year. Pursuant to the contract, and in accordance with the federal McKinney-Vento Homeless Education Services Act, HRTI must ensure that its taxicabs and drivers are in compliance with numerous special requirements as detailed in the attached ordinance. As a result of the damaging effects of Hurricane Matthew, a significant number of VBCPS students were unexpectedly rendered homeless and in need of transportation services under the contract. A large number of those students currently remain homeless and need transportation assistance. Additionally, the number of homeless students in need of transportation for other reasons has increased over the course of the school year, requiring HRTI to transport more students than originally anticipated. HRTI has advised that an insufficient number of its taxicabs and drivers that satisfy the contract requirements are authorized to operate within the City under the current City Code. City Code § 36-96 regulates the operation of taxicabs within the City. This section prohibits taxicabs licensed in localities other than Virginia Beach to pick up a passenger in Virginia Beach, with exceptions only for the three Hampton Roads localities—Newport News, Portsmouth, and Suffolk—that provide reciprocity with the City by allowing Virginia Beach taxicabs to pick up passengers in their cities. VBCPS is requesting a temporary ordinance amendment to permit HTRI to deploy taxicabs from cities adjacent to Virginia Beach that satisfy the requirements of the VBCPS contract for the sole purpose of transporting homeless students within the City to and from school. • Considerations: The amendment to the ordinance would only be in effect through the duration of the 2016-2017 school year; the amendment will automatically sunset on June 30, 2017. All other prohibitions on taxicabs operating within the City will remain in effect during this time. • Public Information: This ordinance will be advertised in the same manner as other Council agenda items. • Attachments: Ordinance, Letter from Virginia Beach City Public Schools Recommended tion- royal City Manager: 1 AN ORDINANCE TO AMEND SECTION 36-96 2 OF THE CITY CODE PERTAINING TO THE 3 OPERATION OF TAXICABS WITHIN THE 4 CITY 5 6 7 WHEREAS, Virginia Beach City Public Schools (VBCPS) has a longstanding 8 contract (the "Contract") with Hampton Roads Transportation, Inc. (the "Contractor"), for 9 the Contractor to transport homeless students to schools in the City in accordance with 10 the federal McKinney-Vento Homeless Education Services Act; and 11 12 WHEREAS, the City was adversely affected by Hurricane Matthew in October 13 2016; and 14 15 WHEREAS, as a result of Hurricane Matthew, a significant number of VBCPS 16 students were unexpectedly rendered homeless and in need of transportation services 17 under the Contract; and 18 19 WHEREAS, the Contractor has represented that currently an insufficient number 20 of its taxicabs that satisfy the requirements of the Contract are authorized to operate 21 within the City; and 22 23 WHEREAS, VBCPS has concluded that the number of homeless students that it 24 is obligated to transport is anticipated to remain higher than normal for the remainder of 25 the 2016-2017 school year; and 26 27 WHEREAS, the Contract places special requirements upon the Contractor in 28 order to transport the students in question, including (among other things) to carry 29 Comprehensive General Liability insurance with limits of not less than $1 million per 30 occurrence and $2 million aggregate, to carry Automobile Liability insurance with limits 31 of not less than $1 million combined single limits, to have drivers undergo pre- 32 participation drug testing, to conduct a nationwide criminal background check of the 33 drivers for felonies and misdemeanors involving moral turpitude, and to utilize vehicles 34 that can be tracked using GPS technology and which are equipped with video cameras; 35 and 36 37 WHEREAS, VBCPS has asked the City Council to temporarily amend the City 38 Code to allow HRTI to deploy taxicabs which satisfy the requirements of the Contract 39 and for which certificates of public convenience and necessity have been issued by 40 cities geographically adjacent to the City of Virginia Beach for the sole purpose of 41 picking up and delivering homeless students within the City of Virginia Beach. 42 43 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 44 BEACH, VIRGINIA: 45 46 That Section 36-96 of the Code of the City of Virginia Beach, Virginia, is hereby 47 amended and ordained to read as follows: 48 49 Sec. 36-96.- Required; reciprocity 50 51 (a) It shall be unlawful for any person to operate or cause to be operated, within the city, 52 any taxicab, unless a certificate thereof has been issued to the owner thereof in 53 accordance with the provisions of this division. Nothing contained herein shall prohibit a 54 taxicab duly licensed in another city or county from delivering a passenger to some 55 location in this city, provided the passenger was picked up outside the limits of this city 56 and the taximeter is in operation while any such taxicab is in operation in this city. 57 58 (b) Notwithstanding the provisions of the prior subsection, any taxicab that is duly 59 licensed in one of the reciprocity-providing localities listed below may, after delivering a 60 passenger to a location within the city, pick up a passenger in the city and deliver the 61 passenger to the locality in which the taxicab is licensed. The reciprocity-providing 62 localities are: 63 64 Newport News 65 66 Portsmouth 67 68 Suffolk 69 70 (c) For the period commencing upon the enactment of this subsection and ending June 71 30, 2017, taxicabs for which certificates of public convenience and necessity have been 72 issued by cities geographically adiacent to the City of Virginia Beach and which satisfy 73 the requirements of the contract entered into October 13, 2014, between the Virginia 74 Beach City Public Schools and Hampton Roads Transportation, Inc. (the "Contractor") 75 may be used for the sole purpose of picking up and delivering homeless students within 76 the City of Virginia Beach. Such transportation within the City shall be conducted 77 pursuant to a subcontract with the Contractor and for no other purpose. The Contractor 78 shall provide a list of all such taxicabs to the Chief of Police prior to the use of such 79 taxicabs to provide services under the Contract. 80 81 BE IT FURTHER ORDAINED: 82 83 That subsection (c) shall remain in effect only until June 30, 2017, and shall 84 thereafter automatically sunset and be stricken from the City Code. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: uiva Steven R. Cover Eliza.4th Bradley De rnette City Manager's Office City srorney's Office CA13896 R-2 February 8, 2017 '.-ISI --;:' C VIRGINIA BEACH CITY PUBLICTING SCHOOLS CHHE COURSE . Department of Teaching and Learning �1 TO: Aaron C. Spence, Ed.D., Superintendent .1'1 /J7�/C��� c FROM: Amy lveta 3.Green,iEdD.,Executive Directtor of Student Support Services SUBJECT: INCREASED TRANSPORTATION NEEDS FOR HOMELESS STUDENTS DATE: Jan. 10,2017 The purpose of this memo is to request that the City Council pass an ordinance allowing Hampton Roads Transportation Inc.(11RT1)to operate their Norfolk cabs in Virginia Beach for the sole purpose of providing services to the Virginia Beach City Public Schools(V BCPS)contract for homeless students. VBCPS is obligated to provide Under sp the McKinney to c ai and theLss or Student Succeedsyo th. we have a long transportation services to certain homeless or unaccompanied youth. To meet this need, term contract with LIRTI for taxi services for these students.The demand for transportation services for • these students has significantly increased from the period of Sept. 2015-Dec. 2015,with 10,368 trips • compared to 17,803 trips for the same timeframe for the 2016-17 SY. Flooding from I Iurricanc Matthew in Oct. 201b has resulted in a dramatic increase in the number of homeless students in need of transportation services.Based on requirements under the Every Student Succeeds Act,homeless students may continue to access transportation services through the ane ticipate f the school year even if they have secured permanent housing within another city.Therefore, that the increased demand for transportation services will remain higher than normal for the remainder of the 2016-17 SY. HRLL the contractor for these transportation services,has been struggling to meet the demand for serving the homeless students of Virginia Beach due to limits in the number of taxis the contractor is authorized by Virginia Beach City Council to operate in City of Virginia Beach. Students are arriving late to school or home because the taxis have to do multiple trips to meet the demand for services. IIRT1 believes they can meet the demand for services if they etre utilize other taxis that are in service in neighboring cities. For HRTL to leverage its fleet from other cities,City Council would need to pass an ordinance allowing an exception for BIC I. V BCPS is committed to exploring other options to provide transportation. Due to the special requirements associated with transporting these students(criminal background checks for drivers,confidentiality requirements, handling special needs students), identifying and contracting for transportation services is complicated and time consuming. Maintaining service with HRI'L is desirable for this reason. Thank you in advance for your consideration of working with City Council to arrange for HRTL to provide more taxis to V BCPS through a change in ordinance. Attachments cc: Kamala H. Lament.Deputy City AIR mey „2 1 -.14_ U,,,.., •r aper.,rbe a„e.rh VA 7 UJ51-6007 • Phone: (757)263-2300 • Fax: (757)263-2301 In r_i COen coCOCN d 1 1 I I I I 03 0 CO CO 64 N v ! cnIIn CO * , a/ y L H 114 L ....0 s- W AI L l 0,) to i i _ >•• a) i m a, , " ° v g1 a1i , Q12 e5 g u Y v) 0Z O — u a 0 L V N N O' rt Q) M o') O I� N In W ry ,, oo ri 01 . lf) CO . N . Cn CO r-I M Ol N ri ri to d' OO to _ ar- 133 0 COI N N fY) ' Cr M ' 'Cr to rn rn In -O O L L L o .01w -0 L �1R �,, .` 1a a) R � £ d '.... E 0 L 0 L a+ d rayl > al CID co Q.' � -- F°' ....... n a 0 0 a) mti N ' Z O L 7 Z • .zr O OV 01 00 M N M Linn N OO r, co-ci nnN •O3 N ect4 r OOO N p • -l-I ' N N N R) NCt ' M st 'In en CU L at al L 1 a/ L .d L CO 1 U = al la 41oa, a, CD1Oac ,, `fr, aa 00 °' u y) Z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM:. An Ordinance to Add Section 12-27.1 to the City Code Pertaining to Service Charge for Non-Emergency Medical Calls to Which the Fire Department and/or Department of Emergency Medical Services are Required to Respond MEETING DATE: February 21, 2017 • Background: The Fire and EMS Departments have been receiving increased calls for service through the 911 center for non-emergency lift assist. The Fire Department responded to 47% more lift assist calls in FY2015 than in FY2014, and 37% more in FY2016 than in FY2015. This increase in the number of calls has been the topic of news articles and coverage. The surge in demand of lift assist calls to provide nothing more than relocation of a person with restricted mobility diminishes the departments' ability to quickly deliver emergency services and meet their primary purpose. • Considerations: The increase in repeat calls for this service has identified a gap in community services as there is a growing demand for home-health related services that is not being met by traditional means. Unfortunately, the gap is having a direct effect on the provision of emergency services, reducing the reliability of the emergency services delivery. The time spent on these non-emergency calls also affects the departments' readiness and responsiveness for other emergency calls which put the community at risk. The departments want to help, but there is a financial cost in filling this gap with fire and rescue apparatus, such as fuel and maintenance costs, as well as personnel costs due to injuries sustained lifting and relocating individuals. Therefore, the requested ordinance and new City Code section is hoped to deter the repetitive use of the Fire and EMS departments for these non-emergency calls by implementing penalties for continued non-emergency calls. The ordinance imposes a $150 service charge upon the sixth or subsequent non-emergency calls within a twelve- month period for residential calls and a $250 fee for such calls to businesses or health care facilities. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Approval of Ordinance. • Attachments: Ordinance Recommended • ction: Approval 9��� ii Submitting D:�•• . j,• _ I • gency: Fire Department and Department of EMS ft/ City Manager:, 1 AN ORDINANCE TO ADD SECTION 12-27.1 2 TO THE CITY CODE PERTAINING TO 3 SERVICE CHARGE FOR NON-EMERGENCY 4 CALLS TO WHICH THE FIRE DEPARTMENT 5 AND/OR DEPARTMENT OF EMERGENCY 6 MEDICAL SERVICES ARE REQUIRED TO 7 RESPOND 8 9 SECTION ADDED: § 12-27.1 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 12-27.1 of the Code of the City of Virginia Beach, Virginia, is hereby 15 added and ordained to read as follows: 16 17 Sec. 12-27.1. - Service charge for non-emergency calls for service to which the 18 Fire Department and/or Department of Emergency Medical Services are required 19 to respond. 20 21 There is hereby established a service charge of one hundred fifty dollars ($150.00) 22 to be paid by each residential owner upon the sixth and any subsequent non- 23 emergency calls to which fire and/or emergency medical service departments are 24 required to respond within a twelve month period. 25 26 There is hereby established a service charge of two hundred fifty dollars ($250.00) 27 to be paid by each business, nursing home, intermediate care facility or any other 28 healthcare entity upon the sixth and any subsequent non-emergency calls to which the 29 fire and/or emergency medical services are required to respond within a twelve month 30 period. 31 32 For the purpose of this code section, a non-emergency call is defined as a call for 33 service that is not related to a fire or life, safety, or medical emergency, as determined 34 by the department or departments responding to the call. 35 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2017. APPROVED AS TO CONTENT: APPROVED DDjAASS TO CONTENT: Fire Department of Emergency Medical Services APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA13829 R-3 February 9, 2017 01144 egiCT1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for up to 5 Years with Beach N Seafood, LLC for City-Owned Property Known as Suite Number 815, in the Virginia Beach Farmers Market MEETING DATE: February 21, 2017 • Background: Beach N Seafood, LLC would like to enter into a lease with the City of Virginia Beach for Suite Number 815, at the Virginia Beach Farmers Market. The premises consists of approximately 720 square feet and will be utilized for the sale of various fresh seafood products with the main emphasis on fresh locally caught fish and related items, and for no other purpose. • Considerations: Beach N Seafood, LLC has agreed to make improvements to the premises to include replacement of siding and flooring, removal and possible future replacement of porches, mold remediation and painting, all in compliance with applicable federal, state or local laws and regulations. The initial term of the Lease is three (3) years with two renewal options for a term of one (1) year each, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease with sixty (60) days' notice if needed for a public purpose. For more specific terms, see attached Summary of Terms. • Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda • Alternatives: Approve Lease as presented, change conditions of the Lease or deny leasing of the space. • Recommendation: Approval • Attachments: Disclosure Statement Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting De e ncy: Public Works/Facilities Management 1)Ry City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 5 3 YEARS WITH BEACH N SEAFOOD LLC FOR CITY- 4 OWNED PROPERTY KNOWN AS SUITE NUMBER 5 815, IN THE VIRGINIA BEACH FARMERS MARKET 6 7 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 8 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam 9 Neck Road in Virginia Beach, Virginia (the "Farmers Market"); 10 11 WHEREAS, Beach N Seafood, LLC ("Beach N Seafood") would like to enter into 12 a lease with the City for Suite Number 815 at the Farmers Market, consisting of 13 approximately 720 square feet (the "Premises"); 14 15 WHEREAS, the Premises will be utilized for the sale of various fresh seafood 16 products with the main emphasis on fresh locally caught fish and related items, and for 17 no other purpose; and 18 19 WHEREAS, Beach N Seafood has agreed to make various improvements to the 20 premises in return for a reduced rental rate of$125.00 per month ($1,500.00 annual)for 21 the first year. Beginning with the second year, the rental rate will increase to $250.00 22 per month ($3,000.00 annual) with a 5% annual escalation. 23 24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 27 That the City Manager is hereby authorized to execute a lease for up to 5 years 28 between Beach N Seafood and the City for the Premises, in accordance with the 29 Summary of Terms attached hereto as Exhibit A and made a part hereof, and such 30 other terms, conditions or modifications as may be acceptable to the City Manager and 31 in a form deemed satisfactory by the City Attorney. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 34 , 2017. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM % (17City Attorney Public Wor /Facilit' s Management CA13625 R-1 February 9, 2017 SUMMARY OF TERMS LEASE FOR SUITE NUMBER 815 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Beach N Seafood, LLC PREMISES: Suite Number 815, consisting of approximately 720 square feet TERM: Initial Term — March 1, 2017— February 29, 2020 Renewal Term 1 — March 1, 2020 — February 28, 2021 Renewal Term 2 — March 1, 2021 — February 28, 2022 RENT: Rent of $125.00 each month totaling a sum of $1,500.00 for the first year. Rent of $250.00 each month totaling a sum of $3,000.00 for the second year. Five percent (5%) annual rent escalation commencing with the third year. Rent shall be abated for the month of March, 2017 allowing tenant time to make improvements. RIGHTS AND RESPONSIBILITIES OF LESSEE: • At Lessee's sole cost and expense, Lessee will replace siding, remove the front porch, side porch and storage area, replace flooring, remediate mold and paint. • Use Premises for the sale of various fresh seafood products with the main emphasis on fresh locally caught fish and related items, and for no other purpose. • Maintain Premises, including heating and air conditioning units and/or heat pump units. • Pay all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market. • Provide electrical access for an additional fee. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving sixty (60) days' advance written notice. • Lessee may terminate by giving ninety (90) days' advance written notice. LOCATION MAP • Bide e r •- C// /:% \ / / n.".Ca*. w p,,, \ 4� Pc �� V �� / /P ��I \N > A C I • #Hglik_ •• m Ye _ " )D / o t � le fi tvia-sa. E2 I; 9 `""" (I L i 1 " - //, i ' /r.2 a �<-7177A�, I / w , , r i 1 y 4 Z 11f 3640 Dam Neck Road,Suite 815 Virginia Beach,VA 720 sq. ft. Retail Space NIB Virginia Roar h APPLICANT'S NAME DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EMIChanges Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Franchise Agreement Street Closure (Historic Review Board) Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • s 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 dSFONIV/r r - 1 _, w Page 1 of7 APPA CANT NOLFIW OF nEANINC O NO CHANGES AS OF 'C n _ 1491510NS SUMMATE D ,., 'NB Virginia Beach Check here if the APPLICANT IS NQJ a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. 1 < (A) List the Applicant's name:_l�T[ `2 � X _ L___ If an LLC, list all/member's names: C-;21C UHrYtrSLL 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 far Information pertaining to footnotes[ and 2 • e SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only If property owner is different front Applicant. IT 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:6,CyS-• Al; a- If an LLC, list the member's names: & c (jnrvt'3LL Page 2 of 7 q\B Virginia&lath If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (8) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list If necessary) "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 10 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 lily there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va, Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the Aoollcatlon 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 S EPERATELY Page 3 of 7 APPLICANT VizOtria Beach YES NO SERVICE PROVIDER iuse adduional sheets if needed) J L.�.I., a Accounting and/or preparer of your tax return \, - ,\ f i1 Architect/ Landscape Architect/ �1`� Land Planner ❑ Contract Purchaser(if other than © ;he Aoolicant) - identify purchaser and purchasers service providers Any other pending or proposed 1 purchaser of the subject property (identify purchasers)and purchasers service providers) ❑ © Construction Contractors • FlEngineers /Surveyors/Agents Financing (include current ❑ O mortgage holders and lenders selected or being considered to provide financing for acquisition ' or construction of the property) ❑ Legal Services Real Estate Brokers • EgAgents/Realtors for current and anticipated future sales of the sub'ect .ro.ert e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ Ej an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia Beach CERTIFICATION; I certify that ah of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeti of any public body or committee in connection with this • • •iica on. / //'' NT , -TUNE PRINT NAME DATE Page 5 of 7 OWNER Virginia LYES I NO I SERVICE PROVIDER I eek Wonal sheetsrj ❑ 0 Accounting and/or preparer of your tax return n ❑ Architect/ Landscape Architect / Land Planner Contract Purchaser(if other than 0 ❑ the Aoolica g)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ❑ purchaser of the subject property (identify purchaserts)and purchaser's service providers) ❑ ❑ Construction Contractors ❑ n Engineers /Surveyors/Agents Financing (include current ❑ ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ 0 Legal Services Real Estate Brokers / ❑ ❑ Agents/Realtors for current and anticipated future sales of the subject prqperty • a 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 Virginia Beach CERTIFICATION: f 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. PROPERTY OWNERS SIGNATURE PRINT NAME PATE Page 7 of 7 [ wizi.2.,. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for One (1) Year, with Four (4) One-Year Renewal Options, with Ocean Water LLC, for City-Owned Property Located at 4th Street and Atlantic Avenue MEETING DATE: February 21, 2017 • Background: The City of Virginia Beach (the "City") owns two parcels of land consisting of approximately 17,863 sq. ft. (0.41 acre), located at the intersection of 4th Street and Atlantic Avenue as shown on the attached location map (GPIN: 2427-22-9617 and 2427-22-8656) (collectively, the "Premises"). Ocean Water LLC, a Virginia limited liability company ("Ocean Water") has been leasing the property since 2012 and has requested to continue leasing the Premises from the City to provide overflow parking for the guests, customers and employees of Waterman's Restaurant and Ocean Key Resort. • Considerations: The lease would be for a term of one (1) year, with four (4) one-year renewal options, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease for any reason with ninety (90) days' notice. Ocean Water would pay the City $1,738.91 per month ($20,866.93 annually) for the first year, with a 3% escalation each year thereafter. For more specific terms, see attached Summary of Terms. • Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda • Recommendation: Approval • Attachments Disclosure Statement Ordinance Summary of Terms Location Map Recommended Action: Approval 0 Submitting De• - • t gency: Public Works/Facilities Management p 4f City Manager: 1 t 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR ONE (1) 3 YEAR, WITH FOUR (4) ONE-YEAR RENEWAL 4 OPTIONS, WITH OCEAN WATER LLC, FOR CITY- 5 OWNED PROPERTY LOCATED AT 4TH STREET 6 AND ATLANTIC AVENUE 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of two 9 parcels of land consisting of approximately 17,863 sq. ft. (0.41 acre), located at 10 the intersection of 4th Street and Atlantic Avenue (GPIN 2427-22-9617 and 11 2427-22-8656) (collectively, the "Premises"); 12 13 WHEREAS, Ocean Water LLC, a Virginia limited liability company, 14 ("Ocean Water") desires to lease the Premises from the City for a term of one (1) 15 year, with four(4) one-year renewal options; 16 17 WHEREAS, Ocean Water has agreed to pay the City$1,738.91 per month 18 ($20,866.93 annually) for the use of the Premises for the initial term, with a three 19 percent(3%) escalation each year thereafter; and 20 21 WHEREAS, the Premises would be utilized as overflow parking for 22 patrons, guests and employees of Waterman's Restaurant and Ocean Key 23 Resort and for no other purpose. 24 25 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 26 CITY OF VIRGINIA BEACH, VIRGINIA: 27 28 That the City Manager is hereby authorized to execute a lease for the term 29 of one (1) year, with four (4) one-year renewal options, between Ocean Water 30 LLC and the City for the Premises in accordance with the Summary of Terms 31 attached hereto as Exhibit A, and made a part hereof, and such other terms, 32 conditions or modifications as may be acceptable to the City Manager and in a 33 form deemed satisfactory by the City Attorney. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia on the 36 day of , 2017 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: S�wi d..t� etn` Public Wo s/ City Attorney C Facilities Management CA13867 R-1 February 9, 2017 EXHIBIT A SUMMARY OF TERMS LEASE OF CITY-OWNED PROPERTY LOCATED AT 4TH STREET AND ATLANTIC AVENUE LESSOR: City of Virginia Beach (the "City"). LESSEE: Ocean Water LLC PREMISES: Approximately 17,863 sq. ft. (0.41 acre) of City-owned property located at the intersection of 4th Street and Atlantic Avenue TERM: March 1, 2017 through February 28, 2018, with four(4) one-year renewal options (the "Term") RENT: $1,738.91 per month ($20,866.93 annually)for the first year and escalated by three percent (3%) each year thereafter RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Premises solely for overflow parking for guests, customers and employees of Waterman's Restaurant and Ocean Key Resort, and no other purposes. • Keep, repair, and maintain the Premises, at its sole expense, in a safe, clean and orderly condition. • Maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct business in Virginia, and name the City as additional insured. Lessee shall provide a certificate evidencing the existence of such insurance. • Assume full responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSIBILITIES OF LESSOR: • Access to the Premises at any time, without prior notice, in the event of an emergency. • The right to require Lessee to surrender possession and control of the Premises to the City upon forty-eight (48) hours' written notice, if needed for a public purpose. TERMINATION: • The City may terminate the Lease for any reason, upon ninety (90)days' written notice. 1 OA ....... Il irlaiip._ -...."11111111"/ AI1A C Ave X400 -3499 - allallai I .' 4 . A . ...• . - •r,r' y r•r r ‘'\„ , n • m y ie a)_ N I^Q X N H N IN i lD in lD Tu 00 i N t. N d Q (-4cXo c7 - '�� O W F- N 7 O ';\ Q • OJ 03 H ~ CNS as V iO JII QOD Nii \ \ o m � � ti J CIS CN ~ ~ -______.— -------4- .-_-_--17- _` 4- =y=am i _ - --__ _.-- S •'~ L Illi PA r' r i,„ �� d ILII 400 99 F AC ft iffr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for One(1) Year, with Four(4)One-Year Renewal Options,with Ocean Water LLC, for City-Owned Property Located at 4'h Street and Atlantic Avenue MEETING DATE; February 21, 2017 ■ Background: The City of Virginia Beach (the "City") owns two parcels of land consisting of approximately 17,863 sq. ft. (0,41 acre), located at the intersection of 4th Street and Atlantic Avenue as shown on the attached location map (GPIN: 2427-22-9617 and 2427-22-8856)(collectively, the"Premises"). Ocean Water LLC, a Virginia limited liability company ("Ocean Water") has been leasing the property since 2012 and has requested to continue leasing the Premises from the City to provide overflow parking for the guests, customers and employees of Waterman's Restaurant and Ocean Key Resort. • Considerations: The lease would be for a term of one (1) year, with four (4) one-year renewal options, exercisable by mutual agreement of the parties, The City has the right to terminate the Lease for any reason with ninety (90) days' notice. Ocean Water would pay the City $1,738.91 per month ($20,866.93 annually) for the first year, with a 3% escalation each year thereafter. For more specific terms, see attached Summary of Terms. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda • Recommendation: Approval • Attachments Disclosure Statement Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Facilities Management Mb City Manager: t>` ,� = "via" APPLICANT S NAM DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY I 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 appllnoun(s). D;i APPLICANT NOTIFIED OF HEARING DATE: . Q_. NO CHANGES AS OF DATE: 0; REVISIONS SUBMITTED DATE: '. wf ci wcticcicktazo a"` r ❑ Check here if the APPLICANT IS NOT a corporation, parfh,ershi „ irm, —/ business, or other unincorporated organization. LtL' Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: 0 c'an wcxk,1 LLC. If an LLC, list all member's names: 0C--`ea-1 0,426er> ALssocAaito1 I<'lanc,4 LL{. 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) Vs P Q-tso its (vs# anar>pv emn Corp, A'k'ri LEY, I Dcta Cxjtah Sankt- I?o I an (tun-J110 UUa le,rvno n'S 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. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here If the PROPERTY OWNER /5a 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 ;RN' _' * .` .9 4 '+- `' 3 h -r IX .v 4 9 max n H rilinha31`4" 49,04g. .Ant" rr e4` ��' -£ ager s , G-� T- „ . � i ' N _-.-rte''"'_... '- - 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 entityrelationshipmeans "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 entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there Is otherwise a close working relationship between the entities" See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 • -^ �fF •- #x-s. ..? t'- e r f- ''�,` x"` ,u ' it `5 .WA ,lea ta� - = 'i�# t ` - -s `" �„� r=z„ IIseaddbiahi sheets if YES l NO I PROVIDER SERVICE needed)- EI In Accounting and/or preparer of )1 XpY1 lj.,, _ S your tax return 'Jn Ei Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed 0 d purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors 0 Diu Engineers/Surveyors/Agents Financing (include current mortgage holders and lenders Lam. selected or being considered to provide financing for acquisition �-y or construction of the property) ❑' Ef Legal Services / Real Estate Brokers / Q; © 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 L11 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 CJ -. 17'501-pa-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. VP • • YVtPen1. , ,// gypC + Gist 1 f `iINiIt�.� Q1A/✓IR/.si Lo OV<Art00tk Z( III� APPLICANTS(�SIGNATUREL +tSSCCn["i"nQ1 PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 [ „ ,,atf,,, izi E,' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Appointing Jennifer Anne Grundler to the Position of Deputy City Clerk II MEETING DATE: February 21, 2017 • Background: Section 2-77 of the City Code provides that "[t]he council may appoint such deputies to the city clerk as it deems necessary to serve at the pleasure of the city clerk.” • Considerations: This resolution appoints Jennifer Anne Grundler to the position of Deputy City Clerk II, effective January 5, 2017. • Recommendations: It is recommended that City Council adopt the attached resolution. • Attachments: Resolution Recommended Action: Adopt resolutio Submitting De• .rtment/Agency: Ci rk City Manager.. ri res 1 A RESOLUTION APPOINTING JENNIFER ANNE 2 GRUNDLER TO THE POSITION OF DEPUTY CITY 3 CLERK II 4 5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That pursuant to § 2-77 of the City Code, Jennifer Anne Grundler is hereby 9 appointed to the position of Deputy City Clerk II, effective January 5, 2017. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City lerk City Attorney's Offi CA13931 R-1 February 8, 2017 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing One-half of an Unimproved, Unnamed Alley Adjacent to the Rear of 829 S. Atlantic Avenue in Croatan MEETING DATE: February 21, 2017 • Background: On March 1, 2016, by Ordinance ORD-34360, City Council approved the request by Amy R. Slagle (the "Applicant") to close approximately 375 sq. ft. of an unimproved, unnamed alley ("Right-of-Way"), adjacent to the rear of her property at 829 S. Atlantic Avenue. • Considerations: There were four(4) conditions to the approval of the street closure: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat shall be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicant shall verify that no private utilities exist within the Right-of- Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval, said approval shall be considered null and void. The Applicant has submitted a subdivision plat to the Planning Department for review, however, the plat will not be in final form and ready to record prior to the deadline to meet the conditions. On January 10, 2017, the Applicant requested additional time to satisfy the conditions set forth in Ordinance ORD-34360. Staff concludes that the request for additional time is reasonable. • Recommendations: Allow an extension of one (1) year for satisfaction of the conditions. • Attachments: Ordinance Location Map Disclosure Statement Form Recommended Action: Approval. ��,,,�����''������ Submitting Dep �gency: Planning Department ���,�t„ rtaikt City Manager: 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN 3 THE MATTER OF CLOSING ONE-HALF 4 OF AN UNIMPROVED, UNNAMED ALLEY 5 ADJACENT TO THE REAR OF 829 S. 6 ATLANTIC AVENUE IN CROATAN 7 8 WHEREAS, on March 1, 2016, the Council of the City of Virginia Beach acted 9 upon the application of Amy R. Slagle (the "Applicant"), for the closure of approximately 10 375 Sq. Ft. of an unimproved, unnamed alley adjacent to the rear of her property 11 located at 829 S. Atlantic Avenue; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-34360) to close the 14 aforesaid portion of right-of-way, subject to certain conditions being met on or before 15 February 28, 2017; and 16 17 WHEREAS, on January 10, 2017, the Applicant requested an extension of time 18 to satisfy the conditions to the aforesaid street closure action. 19 20 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 21 Beach, Virginia: 22 23 That the date for meeting conditions of closure as stated in the Ordinance 24 adopted on March 1, 2016 (ORD-34360), upon application of Amy R. Slagle, is 25 extended to February 28, 2018. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 28 of , 2017. 29 30 No GPIN assigned (Right-of-Way) 31 Adjacent to GPIN: 2426-37-9901 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: ` City Attorney Ening D-partment CA13861 \\vpgovcam\DFS 1Voplia li ons\OiNLawProd\rycom32\Wpdocs\D012\0016'00060960 DOC R-1 February 3, 2017 aaPueN Pil anuaNd va44i \ . C , , , ‘ IP V I 73 S \\ 1 \ C6fke\ °... .° ''"\*.. °=W."..°"n'..'.°.' 1H O ZI ':'' ' ''''' ' .° .' \''4 '.° '"‘ 1 ,, \ P3 I I " \ 10 an t Virginia Beach APPLICANT'S NAME Roger S. Slagle &Amy R. Slagle DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/An disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the applications] O APPLICANT NOTIFIED OF HEARING DATE 0 NO CHANGES AS OF DATE O REVISIONS SUBMITTED DATE VB Virginia Beach Inl Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 0 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Roger S. & Amy R. Slagle If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 • , SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (8) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) '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 4 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code 4 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virgin YES NO SERVICE PROVIDER (use additional sheets if needed) • XAccounting and/or preparer of your tax return n n Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than Elthe Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed O ri purchaser of the subject property (identify purchaser(s) and purchaser's service providers) • nConstruction Contractors Metro Associates Incorporated • nEngineers /Surveyors/Agents Gallup Surveyors&Engineers, Ltd. Financing (include current NationStar Mortgage, SunTrust Bank • n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) IJ Legal Services Sykes, Bourdon,Ahern&Levy, P.C. Real Estate Brokers / • 0 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 VB 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, VBA meeting, or meeting of any public body or committee in connection with this Applicatio41/4 e . Roger S. Slagle e z 7I APPLICANT'S S155&�TU``RPRINT NAME DATE Amy R.Slagle far,2 /GI Page 5 of CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) A Resolution Directing the City Attorney to Draft Ordinances Removing Light Rail Taxes and Fee Increases (2) A Resolution Directing the City Manager to Segregate Revenues for Repayment of Norfolk Southern Right-of-Way Acquisition Costs MEETING DATE: February 21, 2017 • Background: The City purchased the Norfolk Southern right-of-way in 2010. The FY2016 Budget enacted various revenues to pay for the anticipated debt service associated with the construction of the Light Rail Project, Shared Use Path, and the purchase of required buses. These revenues included: an increase of 1.8 cents real estate property tax rate; the rededication of 0.34 cents real estate property tax, which was formerly dedicated to ARP; the rededication of 0.22 cents of the meal tax, which was formerly dedicated to Open Space; and an increase of five dollars to the annual vehicle license fee. The voters of the City of Virginia Beach participated in a referendum election on November 8, 2016. The question was: Should the City of Virginia Beach spend local funds to extend Light Rail from Norfolk to Town Center in Virginia Beach? The result of the referendum was: No 95,584 votes (56.96%) Yes 71,458 votes (43.04%) • Considerations: The attached resolutions provide direction to the City Attorney and the City Manager to take steps in furtherance of unwinding the taxes and fees associated with the Light Rail Project and to segregate revenues so the revenues previously authorized for Light Rail are used to repay acquisition costs related to the purchase of the Norfolk Southern right-of-way. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolutions (2) Requested by Councilmember Moss REQUESTED BY COUNCILMEMBER MOSS 1 A RESOLUTION DIRECTING THE CITY ATTORNEY 2 TO DRAFT ORDINANCES REMOVING LIGHT RAIL 3 TAXES AND FEE INCREASES 4 5 WHEREAS, a majority of Virginia Beach voters have demonstratively and 6 explicitly rejected the extension of light rail in an advisory referendum on November 8, 7 2016; and 8 9 WHEREAS, the results of the advisory referendum have been acknowledged and 10 accepted by the Virginia Beach City Council, and 11 12 WHEREAS, the taxes adopted (1.8 cents real estate property tax rate, 0.34 cents 13 real estate property tax (formerly dedicated to ARP), 0.22 cents of the meal tax 14 (formerly dedicated to Open Space), and five dollars additional annual vehicle license 15 fee) by City Council to finance the now nullified light rail project and sufficient revenues 16 exist to liquidate outstanding obligations from the proposed "City Council Norfolk- 17 Southern Right-of-Way Acquisition Refund Account," which is presented to the Council 18 contemporaneously with this resolution; 19 20 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA, THAT: 22 23 The City Attorney is directed to draft the appropriate resolutions and ordinances 24 to repeal the previously stated taxes and fee and submit said required documents to 25 City Council and the City Clerk within two weeks of the adoption of this resolution. The 26 City Manager is directed to provide the City Attorney such support as the City Attorney 27 may require. The City Clerk upon receipt of a submission of the requisite documents 28 from the City Attorney shall take the appropriate action to post the necessary public 29 notices to enable the received documents to be placed on the City Council's formal 30 agenda for a vote as soon as legally possible. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017. APPROVED AS TO LEGAL SUFFICIENCY: Dana Har -yer City Attorney's Office CA13926 R-1 February 6, 2017 REQUESTED BY COUNCILMEMBER MOSS 1 A RESOLUTION DIRECTING THE CITY 2 MANAGER TO SEGREGATE REVENUES FOR 3 REPAYMENT OF NORFOLK SOUTHERN RIGHT 4 OF WAY ACQUISITION COSTS 5 6 WHEREAS, a majority of Virginia Beach voters have demonstratively and 7 explicitly rejected the extension of light rail from Norfolk into Virginia Beach in an 8 advisory referendum on November 8, 2016; and 9 10 WHEREAS, the results of the advisory referendum have been acknowledged and 11 accepted by the Virginia Beach City Council; and 12 13 WHEREAS, by grant agreement, the Commonwealth of Virginia provided twenty 14 million dollars towards the forty million dollars purchase price of the Norfolk-Southern 15 right-of-way ("NSROW'), and such grant agreement conditioned the use of the NSROW 16 for transit; and 17 18 WHEREAS, the results of the November 8, 2016 Light Rail Referendum and City 19 Council's acceptance of same nullified the condition of the prior stated agreement; and 20 21 WHEREAS, the previously stated agreement now nullified requires the City 22 Council to refund to the Commonwealth the twenty million dollars it previously provided; 23 and 24 25 WHEREAS, the Federal Transit Agency ("FTA"), through local federal transit 26 funding recipient, Hampton Roads Transit, contributed five million dollars for the 27 acquisition of the NSROW by the City, and it is prudent to reserve such funds should 28 the FTA seek repayment; and 29 30 WHEREAS, the taxes adopted (1.8 cents real estate property tax rate, 0.34 cents 31 real estate property tax (formerly dedicated to ARP), 0.22 cents of the meal tax 32 (formerly dedicated to Open Space), and five dollars additional annual vehicle license 33 fee) by City Council to finance light rail have collected net of expenses in excess of 34 twenty-five million dollars; 35 36 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 37 OF VIRGINIA BEACH, VIRGINIA, THAT: 38 39 1. The City Manager is directed to transfer existing revenues in the Multi-Modal 40 Transportation Fund collected net of expenses as of 28 February 2017 and 41 deposit future revenues to be collected or due by 30 June 2017 from the 42 sources at the rates previously stated into a single account to be 43 established titled "City Council Norfolk-Southern Right-of-Way Acquisition 44 Refund Account." 45 46 2. The City Manager shall bring forward an ordinance appropriating the fund 47 balance of the Multi-Modal Transportation Fund to the City Council Norfolk- 48 Southern Right-of-Way Acquisition Refund Account to allow the City Council 49 the option of repaying acquisition costs in a lump sum manner. 50 51 3. All disbursements from this account shall be exclusively for the repayment of 52 not to exceed twenty million dollars to the Commonwealth of Virginia and not 53 to exceed five million dollars to the Federal Transit Agency and shall be 54 authorized by ordinance enacted by City Council subject to any required 55 notice or hearing prior to such authorizing disbursement vote. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017. APPROVED AS TO LEGAL SUFFICIENCY: Dana Harmeyer City Attorney's Office CA13927 R-1 February 6, 2017 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize an Existing Temporary Encroachment into a Portion of the City Right-of-Way Known as 21x1 Street Located Adjacent to 2007 21st Street MEETING DATE: February 21, 2017 • Background: Atlantic Palisades Condominium Association, Inc., (the "Applicant") has requested permission to maintain an existing bioretention stormwater infiltration trench (the "Temporary Encroachment") adjacent to its property located at 2007 21st Street. The Encroachment extends approximately 11.5 feet into the City's 80' right-of-way known as 21s` Street, for a distance of 190 feet east from Baltic Avenue. The Encroachment was installed on behalf of the Applicant when the Atlantic Palisades Condominium was constructed approximately 10 years ago. At that time, the City's DSC recommended the developer obtain an encroachment agreement, but that action did not occur. • Considerations: The Temporary Encroachment is a trench with a depth of 2 feet below the soil or 18" below the concrete. The trench is a Dry Media Mix (50% sand, 25% topsoil, and 25% peat) with filter fabric. From the surface, the Temporary Encroachment looks like the planting beds seen in the attached photograph taken January 25, 2017. City staff reviewed the requested Encroachment and generally does not support installation of private stormwater maintenance facilities in City right-of-way. However, the water quality treatment facility was installed as a part of the development of the property when the condominiums were constructed. Because removal of the trench would require redesigning the stormwater system, a stormwater facility maintenance agreement will be required as a condition of the Encroachment Agreement. There are no similar encroachments on 21st Street, which is where the Applicant has encroached. • 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: Location Map, Photograph, Disclosure Statement, Agreement, Ordinance and Plat Recommended Action: Approval of the ordinance conditioned on maintenance agreement Submitting Department/Agency: Public Works/Real Estate 3) City Manager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE AN EXISTING 4 TEMPORARY ENCROACHMENT INTO A PORTION 5 OF CITY RIGHT-OF-WAY KNOWN AS 21ST STREET 6 7 WHEREAS, Atlantic Palisades Condominium Association, Inc. ("Atlantic 8 Palisades"),desires to maintain an existing biorentention infiltration trench within the City's 9 80' right-of-way known as 21s1 Street adjacent to 2007 21st Street (the "Temporary 10 Encroachment"); and 11 12 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 13 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 14 the City's right-of-way subject to such terms and conditions as Council may prescribe. 15 16 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 20 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Atlantic Palisades, its assigns 21 and successors in title are authorized to maintain a temporary encroachment for an 22 existing biorentention infiltration trench in the City's 80' right-of-way as shown on the map 23 entitled:"Exhibit A', ENCROACHMENT PLAT SHOWING BIORETENTION INFILTRATION 24 TRENCH LOCATED IN 21ST STREET PROPERTY OF CITY OF VIRGINIA BEACH I.N. 25 20060330000482930(PLAT),"dated August 30,2016 and prepared by Gallup Surveyors& 26 Engineers, LTD, a copy of which is attached hereto as Exhibit "A", and on file in the 27 Department of Public Works and to which reference is made for a more particular 28 description; 29 30 BE IT FURTHER ORDAINED,that the Temporary Encroachment is expressly 31 subject to those terms, conditions and criteria contained in the Agreement between the City 32 of Virginia Beach and Atlantic Palisades(the"Agreement"), an unexecuted copy of which 33 has been presented to the Council in its agenda, and will be recorded among the records 34 of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 35 36 BE IT FURTHER ORDAINED, that the City Manager or his authorized 37 designee is hereby authorized to execute the Agreement; and 38 39 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 40 such time as Atlantic Palisades and the City Manager or his authorized designee execute 41 the Agreement. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 44 day of , 2017. 1 CA-13848 R-1 PREPARED: 02/06/17 vbgov com\dfst\applications\ciaylawprod\cycom32\wpdocs\d004\p023\00342097 doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: • • PUBLIC WORKS, REAL ESTA DANA _ A RM ER 21411 SENIOR CITY ATTORNEY 2 1. THIS PLAN WAS PERFORMED 4 WITHOUT THE BENEFIT OF ,cd � A TITLE REPORT. N CID 0 v 0 0 21ST STREET (80' R/W) o (M B. 5, PG. 103) CONCRETE o CURB & N GUTTER d 2 b. DRILL - -- - I HOLE(S) --- _ � — N76.09'55"E 190.00' I ° Pw(s) .-.._ HOTEL IEN I'ON NOW OF FORMERLY MFILTRA HUN M & S ENTERPRISES, INC. o TRENCH o D.B. 2790, PG. 1559 o 0 PART OF LOT 14, �.. n I o LOTS 16, 18 & 20 CO LOT 32A - M.B. 5, PG. 103 D a 3 j I.N. 2006C330000482930(�I.AT) w GPIN: 2427-08-4146 Z u- 0 G'!N. 2427- 1215-_182 o W j m bo I--•---- 2PUBLIC PEDESTRIAN EASEMET 1-1TN -i Q 2 n 1 IRE)" p 200603.10500482930NI O z —5'X10' PJBLIC1 IDT,L'TY H J EASEMENT CO 1 'NE # 200633000048293x; I RIN(S) 6 DRILL 576'09'55"W 190.00' NOLE(S) ALLEY (20' R/W) (M.B. 5, PG. 103) �4Q LTII OF. L pir 0 D R UTLER Z � c. Na. 38395 T6 Q- EXHIBIT A :. 30- & ENCROACHMENT PLAT SHOWING FSS oNBL ,,G\e BIORETENTION INFILTRATION TRENCH LOCATED IN 21st STREET PROPERTY OF CITY OF VIRGINIA BEACH 1. 20060330000482930(PLAT) SCALE: 1 " = 40' DATE: AUGUST 30, 2016 J,}l GALLUP -1 SURVEYORS & OENGINEERS, LTD. 16-14-2 encr plat 6-23-16.dwg V VRGNIAF�BLACH,VIRGINIA 23454 n-rrvrrdrzwinns46.14-)nn,r d 8-7916 awn 9/1001 - n&nm I41 IR (757)428-5132 PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 7th day of February 2017, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and ATLANTIC PALISADES CONDOMINIUM ASSOCIATION, INC., ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 32A" as shown in that certain plat entitled: "RESUBDIVISION PLAT OF LOTS 22, 24, 26, 28, 30 & 32, BLOCK 44, PROPERTY OF VIRGINIA BEACH DEVELOPMENT CO (MB 5 P103), VIRGINIA BEACH, VIRGINIA" dated June 13, 2005 prepared by KELLAM GERWITZ, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, as Instrument No. 20060330000482930, and being further designated, known, and described as 2007 2121 Street, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to and maintain an existing Bioretention Stormwater Infiltration Trench, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of the City's 80' right-of-way known as 21st Street the "Encroachment Area"; and GPIN: CITY RIGHT OF WAY— NO GPIN REQUIRED OR ASSIGNED 2427-08-2182; 2007 21st Street 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 maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "Exhibit A' ENCROACHMENT PLAT SHOWING BIORETENTION INFILTRATION TRENCH LOCATED IN 2181- STREET PROPERTY OF CITY OF VIRGINIA BEACH I.N. 20060330000482930 (PLAT)," dated August 30, 2016 and prepared by Gallup, Surveyors & Engineers, LTD, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must 2 be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall be required to enter into a maintenance agreement with the City as a condition of the City's continued approval of the Temporary Encroachment. It is further expressly understood and agreed that the City shall have the right to repair or remove the Temporary Encroachment in the event of an emergency or public necessity or public safety, and Grantee shall bear all costs and expenses of such repair and 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 agrees that no open cut of the public roadway will be allowed except under extreme circumstances. 3 Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. 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 City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City 4 may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Atlantic Palisades Condominium Associations, Inc., has caused this Agreement to be executed by Jeffery R. Gordon, President of Atlantic Palisades Condominium Association, Inc., with due authority to bind said limited liability company. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2017, 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 , 2017, 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 Atlantic Palisades Condominium Association Inc. By: (SEAL) ffery R. Gordon, President STATE OF VIRGINIA CITY/050N1WV OF VIRGINIA BEACH , to-wit: The foregoing instrument was acknowledged before me this 7th day of February , 2017, by Jeffery R. Gordon, President of Atlantic Palisades Condominium Association, Inc. YIlliol O (SEAL) clary Pu lic isOAq, y Notary Registration Number 191'628 gtk %fes My Commission Expires: August 31 , 2018 S a. 'Q1.IC APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM C \• CU.a'NIL, D SI NATURE DANA R. HARMEYER SENIOR CITY ATTORNEY �i. st S nets I E DEPARTMENT 7 I3 1. THIS PLAN WAS PERFORMED 4 WITHOUT THE BENEFIT OF ^oi A TILE REPORT. N n, v 0 0 0 0 21 ST STREET (80' R/W) o (M.B. 5, PG. 103) CONCRETE o CURB & GUTTER N _ _ 2- DRILL _ + HOLE(S) _ — n _ ccc74 _ ' M N76'09'55'E 190.00' o L ± PIN(5) T \ BIORETENTICN NOW OF FORMERLY IY INFILTRATION M & S ENTERPRISES, INC. o TRENCH o D.B. 2790, PG. 1559 O PART OF LOT 14, CD o LOTS 16, 18 & 20 o LOT 32A - M.B. 5, PG. 103 Lai (-- 3 I I.N. 20060330000482930(P3.AT) w GPIN: 2427-08-4146 Z id -0 GRIN: 2427-08-2182 Li 0 0 > m ° —2' PUBLIC PEDESTRIAN EASEMENT o� Q n r INST.# 20060330000482930 O z U, -5X10' PUBLIC UTILITY JI I EASEMENT Q 1 INS.# 2006330000482930 COel PIN(5) DRILL 576'09'55"W 190.00' s HOLE(S) ALLEY (20' R/W) (M.B. 5, PG. 103) fi�� F p,LT1i O G O r oD (j R St. y (1t Na. 38395 16 2. . EXHIBIT A S. B- • 30' �<i ENCROACHMENT PLAT SHOWING SS�ONAL E�� BIORETENTION INFILTRATION TRENCH LOCATED IN 21st STREET PROPERTY OF CITY OF VIRGINIA BEACH I.N. 20060330000482930(PLAT) SCALE: 1 " = 40' DATE: AUGUST 30, 2016 GALLUP SURVEYORS & ENGINEERS, LTD. 16-14-2 encr plat 8-23-16.dwg VIRGINIA BEACH.COLONIAL 23454 \ANP,1drawInn411b1L)en'r oIa R.241fi/Iwo TWO/ �l ���, ,.� (1s�Nze-maz 1 _�._ .- 0 ,.- z =�- � // W J � o co 3 N N q W r PRG1\C p J a w Q W mwcna, N N 0 � � ' ! ZZQ � �00 CD ov 0 OWa +r ~ a � y N r----\ Ili Q = ANN 2 \ OUUQa �' Q \ QoZ (6 Q N (9 O 1 • \,_ U Z it is...‘ ' Ili 0O o rlit\ 1\ LL t 1.� O y \ \ tv \ \ I.(A.' ____ z1 \ r t - r___-----\ri,, \ , ___,.) , 0 0 p \__________, N \- x.• i-,-----A3 , III foo--\---i._ 1c , \ _____\ C.----- \ \ Ei-' v 1 \ --, \ \ J i \ 1 \ \ \\\- - ' '' \- '.---------------- J N , �_- -\..--\ \---,,_ . ___- \ - \ _s__i____\ __----------" . __.__ __________ ______ c we 5N\j‘ ___----- ______- TITt1 ___ t , , , MO __, \V-tvo \--------, 13 03 r —� ,_ r d c m i L'_. N o On \ \----- \ . 0 AI , n F ,i__.---r tfr!!! \ GIIC 1 � On ao fV •N `1 \ Qc1 ts. r_ ` C V '= N y N = aaIN •• U Q&/9 0 ; ig 1 \ — J mi Q z .c ED. • 1 / ,, . •1 e• . . ., • t• ... • ' ' .._.1 • '", ''F., , "" . . 0 0 " )11114.01 . r...n. . • CE) .._ VIM , 11 ' 1 lc. 1 C=i a &r.I 1 -- . ' ''.5//aig- --. - s • . . - :*-1 .--*r' ''''''• '1 "!Tri. - r . 11, • 11 =EI ,./..) _;,..., .it . . i _t. ari I,. ,t •, .1... i— - CD ' ..., it t , 6 ,:.'4 1 1 4 '• 10• *;. .• i:11, ... ........ ' ''' •.. Irl. a, a. • ',' 4, 'i "t • , ,Sit I. 4 4• i i I I t 1 • '... t . `• ' I 4 4 11 • 4.1 ------ 4.g1-1 fit, - - 1711 4, • ‘4' .i, k e. • ,- .4. ' \'-- '*.... • , l'ille:r: - . 4r, I , :.: , ;..1.1. •' . I , A —...... .....4.+1.....,1 - -- • .*tiii ig , 41 I • -.._-_,Iiit A & . , ._ '' ' o,,, •, .. • • CD ,„ ... • 4. I -..--— •. • Lii 0 ) -4.-',-''-' -•--"' ' . - ....1'' • i•— , :-.--. < ,,,,,,„"r•-• ,,,.-. \- A, .,f,,, , AI , `"••.% <- • ., '; A . • , ..., A„ Virginia Beach APPLICANT'S NAME Atlantic Palisades Condominium Association, Inc. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). ❑ APPLICANT NOTIFIED OF HEARING DATE: ▪ NO CHANGES AS OF DATE: ▪ REVISIONS SUBMITTED DATE'. m Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. rj Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name_Atlantic Palisades Condominium Association, Inc. 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) Jeffrey R. Gordon, President; Pamela Gordon, Director; R. Edward Bourdon, Jr., Director (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 footnotest 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 NOTa corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name: _ If an LLC, list the member's names: Page 2 of 7 lB 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) 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 entityrelationship' means "a relationship, other than parent-subsidiary relationship, that exists when 0) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities? See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. ♦ • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business oueratina 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 APPLICANT Virginia Beach YES NO I SERVICE I PROVIDER (use additional sheets if needed) nEr Accounting and/or preparer of your tax return El111 Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than Fl the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed Ill purchaser of the subject property L�1 (Identify purchaser(s)and purchaser's service providers) ® Construction Contractors Engineers/Surve ors Agents Gallup Surveyors&Engineers, Ltd. Financing (Include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Sykes, Bourdon,Ahern&Levy, P.C. Real Estate Brokers / n ® Agents/Realtors for current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an Interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia teach 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. Jeffrey R. Gordon, President /��'`�., APPLI 'S SIGNATURE PRINT NAME DATE Ada Palisades Condominium Association, Inc. Page 5 of 7 nui}:4si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funding from the Virginia Department of Emergency Management to the FY 2016-17 Operating Budget of the Office of Emergency Management MEETING DATE: February 21, 2017 • Background: The City has been awarded two grants from the Virginia Department of Emergency Management (VDEM) for the FY2016 Emergency Management Performance Grant Program. These are federal grants from the U.S. Department of Homeland Security that are passed through VDEM. The purpose of the grants are as follows: o A $21,000 grant to conduct an active shooter/mass casualty scenario for the purpose of testing first responder capabilities within the City of Virginia Beach. This is a 50/50 matching grant with the City receiving $10,500. A soft match of the same amount will be provided through available salary appropriations. o A $19,360 grant to purchase supplies to enhance the pet sheltering capability of the City. This is also a 50/50 matching grant with the City receiving $9,680. A soft match of the same amount will be provided through available salary appropriations. The total amount received by the department for these two grants is $20,180. • Considerations: The end of the program period for each grant is June 30, 2017 for obligation of funds, however due to delays associated with Hurricane Matthew, an extension has been granted until August 31, 2017. • Public Information: Public information will be coordinated through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting De. . - e Agency: Office of Emergency Management City Manager: jir CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $9,500 in Donations to the FY 2016-17 Operating Budget of the Office of Emergency Management MEETING DATE: February 21, 2017 • Background: The Virginia Beach Community Emergency Response Team (VBCERT) has been operational since 2003. The VBCERT program educates citizens in disaster preparedness for hazards that may affect their area and trains them in basic disaster response skills, such as fire safety, light search and rescue, team organization and disaster medical operations. Using the training learned in the classroom and during exercises, VBCERT members can assist others in their neighborhood or workplace following an event when professional responders are not immediately available to help. In previous years, grant funding from the Virginia Department of Emergency Management was available for Community Emergency Response Team programs. However, in 2013 these grant opportunities ceased to exist. In the absence of federal grant availability, the Department actively solicits donations for the program from local businesses. The VBCERT received donations totaling $9,500 from four Wal-Mart stores. These funds will be used to support the VBCERT program by paying for required background checks for volunteers, overtime for Fire personnel, instructors and other expenses for VBCERT. • Considerations: VBCERT has 1,297 active volunteers who assist City departments with 30 to 40 special events each year. Recently, VBCERT members assisted the City with welfare checks and outreach in the aftermath of Hurricane Matthew. • Public Information: Public information will be coordinated through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting D- • , • en Agency: Emergency Management City Manage t - �i� 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $9,500 2 IN DONATIONS TO THE FY 2016-17 OPERATING 3 BUDGET OF THE OFFICE OF EMERGENCY 4 MANAGEMENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That a $9,500 donation from four Wal-Mart stores is hereby accepted and 10 appropriated, with estimated revenues from donations increased accordingly, to the FY 11 2016-17 Operating Budget of the Office of Emergency Management for the purposes of 12 supporting the Virginia Beach Community Emergency Response Team. Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley� C� J / Danaarf y r y H me er Budget and Management Services City Attorney's Office CA13924 R-1 February 6, 2017 , , u;w,.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $135,500 from the Reserve for Contingencies to the Office of the Voter Registration and Elections MEETING DATE: February 21, 2017 • Background: The Office of Voter Registration and Elections has requested a transfer of $135,500 from the Regular Reserve for Contingencies. This transfer is necessary due to obligations that were unforeseen during the development of the FY 2016-17 operating budget. In November 2016, a Special Election was called for Tuesday, January 10, 2017, for the 85th House District in the City of Virginia Beach, and state law provides that localities have to pay the cost of special elections. The total cost for the election was $135,500 • Considerations: The Operating Budget for the Office of Voter Registration and Elections does not include funding for special elections. The Office's operating budget does not have the capacity to absorb these costs in its FY 2016-17 operating budget. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance, Exhibit A — Budget Request Recommended Action: Approval n Submitting Department/Agency: Voter Registration and Elections ( , 16 City Manager: 0� "`r�����1 1 AN ORDINANCE TO TRANSFER $135,500 FROM THE 2 RESERVE FOR CONTINGENCIES TO THE OFFICE OF 3 VOTER REGISTRATION AND ELECTIONS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $135,500 is hereby transferred from the General Fund Reserve for 9 Contingencies to the Office of Voter Registration and Elections for the purpose of 10 covering the costs associated with the January 10, 2017 Special Election. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 7/2David Bradley / Dana Harmeyer Budget and Management Services City Attorney's Office CA13930 R-1 February 7, 2017 EXHIBIT A BUDGET REQUEST 17010 General Registrar FUNDS REQUESTED 6010 Personnel Services 601211 Overtime $17.000 6011 Other Personal Services 601401 Contracted Manpower $5,000 6030 Contractual Services 603168 Election Officials $37000 200 Election Officials 603401 Printing and Binding $1000 603407 Other Contractual Services $30,000 6050 Other Charges 605201 Postal Services $10,000 605401 Lease and Rental of Equipment $500 606435 Other Purchases 535.000 Machine technicians ES&S/ PrintElect- Ballot design and proofing Election Day Support Harrison's Moving Ballots Total funds requested $135500 WVirginia Beach K. PLANNING 1. VIRGINIA DILL and STEVEN M. LARGENT for a Variance to Section 4.4 (b) of the Subdivision Regulations re lot width at 2644 Seaboard Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 2. DANIEL W.FENTRESS DISTRICT 7—PRINCESS ANNE a. Variance to Section 4.4 (b) & (d) of the Subdivision Regulations re lot width at 1660 Princess Anne Road b. Conditional Use Permit re Alternative Residential Development RECOMMENDATION: APPROVAL 3. STANLEY and EVELYN IGHOLA for a Conditional Use Permit re Family Day-Care at 1617 Wicomico Lane DISTRICT 1—CENTERVILLE RECOMMENDATION: APPROVAL 4. WAYNE and KIMBERLY JOHNSON for a Conditional Use Permit re Home-Based Wildlife Rehabilitation at 1951 Clifton Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 5. HAC PROPERTIES II, LLC for a Conditional Use Permit re Assembly Use for weddings and similar events at 2041 and 2033 Indian River Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 6. FUSION CYCLES, INC., dba FUSION CYLES and MSF HOLDINGS, LLC for a Conditional Use Permit re Small Engine Repair for motorcycles and mopeds at 6353 Indian River Road DISTRICT 1—CENTERVILLE RECOMMENDATION: APPROVAL 7. RHETT A. REBOLD for VIBRANT BREWING COMPANY and WONG FOON YUEN & WONG BIK YOK for a Conditional Use Permit re a Craft Brewery and Open-Air Market for food trucks at 4001 Shore Drive DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 8. HOGS TOOTH PRECISION,LLC and FRANZ LEEK for a Conditional Use Permit Firearm Sales at 1247 Princess Anne Road(Deferred January 17,2017) DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 9. MCQ BUILDERS, LLC and ANNIE JONES, JAMES C. and CATHERINE HARRIS, HOLLIS ROAD ASSOCIATES, LLC for a Conditional Change of Zoning from R-10 Residential to Conditional PD-H2 (A-12 Apartment)at 4732,4712,4708 and 4704 Indian River Rd(Deferred December 6,2016) DISTRICT 1—CENTERVILLE RECOMMENDATION: STAFF—DENIAL PLANNING COMMISSION-APPROVAL NOTICE OF PUBLIC HEARING regularOng C the Ciy Council Br The City VI^B^m Bech will be h in the Council chambers of the City Mali Building, Municipal Center. Virginia Beach, mrgma, onuesday. February 21, 2017 at 6:00 p.m.,at which time the following application will beam' COUNCIL DISTRICT 3-CENTERVIILLE Evelyn INallo/Stanley & Evelyn (gale Conditional Use Pe m, (Family Day-Care Horne) 1617 W comico Lane (GPIN 1465655297) COUNCIL DISTRICT 7-PRINCESS MINE Daniel W. Fentress 00n01Yo0el USt EMS (ANernatiroN essential Development) SUWWwion Varlpp[q (Section 4.4(ILIA Id)or me Subdivision Regulations)1660 Princess ase Road (GPIN 2002997193) COUNCIL DISTRICT?-PRINCESS ANNE Wayne&Kimberly Johnson coosfinal I Se Perms (Nome-Based Wildlife Rehabilitation Facility) 1951 Clifton Road(GRIN 230)882700) COUNCIL DISTRICT 7-PRINCESS ANNE NAC Properties II.LLC Conditions Lis Pelma (Assembly Use) 2041 & 2033 Indian River Road(GPINs 2403926067 &2403927289) COUNCIL DISTRICT 1-CENTERVILLE Fusion Cyces, dba Fusion gclaom3F Holding. LLC Condition! Re ermit(Small Engine Repair)6353 Indian River Road SPIN 14582456691 COUNCIL DISTRICT 7-PRINCESS ANNE V,rglnie Dill&Steven M.Largent/Steven M.(argent Subdivision VariarC- (Section 40 (b) or the subdivision Regulations) 2644 Seaboard Read(MIN 2404700955) COUNCIL DISTRICT 4-HAYSIOE Rhett A. Remold for Vibrant Brewing Company/Wong Foon Yuen&Wong BIk Sok Conditional Use Peril (Craft Brewery&Open-Apr Market)4001 Shore Drive(GPIN 1479778573) COUNCIL DISTRICT 1-CENTER V I LE Mop Builders.LLC/Annie Jones Hams, lames C.Hams&Catherine Horns Ho1115 Road Associates,LLC pone nu(R-10 Residential to conditional P0512(A.12 Apartment) 4732,4712,4708&4704 Indian Ricer Rd(GPM 1474090407.1474090287, 1474091138 & 1474092018) Comprehensive Plan. Suburban Area. Proposal or 29 units (deny of 6.64 units per acre). COUNCIL DISTRICT 7-PRINCESS ANNE Hogs Tooth Precision.LLC/Frani Leek conditional Use Permit(Home Occupation-Firearm Sales)1247 I:TIMMS Anne Road(MIN 2401725508) Ail ted pati ared to Ruth /AI} ra[(er,MMC end. OK Clerk copies Of the proposed ordinances. resolOOns and amendments are on file end may be examined in the Department of Planning or online at c�w,ylnmcuryp.. For information cal(385O621. If you are physicsIN disabled Or visually Impaired and need asslstanee at this meeting, please CSI the CIN CLERKS OFHCE R 38.6- BEACON: FEBRUARY 5, 2017 & FEBRUARY 12,2017-'TIME EACH. N T- 1 W IX N /,./ //// ,\ /tr. / • Q A. 0 0 �j � f i i L N / / 0 / / Q f . / ,/ . ,// if r`'r`/ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VIRGINIA DILL & STEVEN M. LARGENT [Applicant & Property Owner] Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) 2644 Seaboard Road (GPIN 2404700955). COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: February 21, 2017 • Background: In 1970, this 0.50-acre property was created by deed. While the lot met all of the dimensional and lot area criteria for agricultural properties at that time, no plat was ever recorded. As the subject lot is currently zoned AG-2 Agricultural District, a minimum lot width of 150 feet and a minimum lot area of one-acre are required. The existing lot is deficient in both of these requirements, as it has a lot width of 100 feet and a lot area of 0.5 acres. A Subdivision Variance to both lot width and lot area is requested to rectify the situation and legally establish the parcel. • Considerations: A single-family dwelling was constructed on the site and was later demolished in 2005. Upon the execution of a sale of the subject parcel, it was discovered that the lot was never properly put to record. It was not uncommon for lots to be created by deed from the 1950s through the mid-1970s. Staff finds that the subject parcel, as it exists today, does not adversely impact the character of the existing neighborhood. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request subject to the conditions below. 1. The applicant shall be required to submit a subdivision plat substantially in accordance with the submitted subdivision exhibit entitled, "PHYSICAL SURVEY OF PARCEL DESIGNATED AS N/F WELLS, AS SHOWN ON "BOUNDARY SURVEY" PROPERTY OF COREEN JOAN FIELD CONSISTING OF PARCEL"A" AND PART OF PARCEL "B", PLAT OF PROPERTY OF LEE EDWARD JOHNSON ESTATE FOR CORINE WELLS"dated July 30, 1998, and prepared by John Sirine & Associates, LTD, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. Virginia Dill & Steven M. Largent Page 2 of 2 2. No building permit shall be issued for the site until the plat identified in Condition 1 has been approved by the Development Services Center. 3. Prior to obtaining a building permit, the site shall obtain approval from the Virginia Beach Health Department for private septic facilities. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department NAL' City Manager. Applicant Virginia Dill & Steven M. Largent Agenda Item Property Owner Steven M. Largent 1 Public Hearing January 11, 2017 City of City Council Election District Princess Anne 9 Virginia Beach Request Subdivision Variance (Section 4.4 (b)of the Subdivision Regulations) i i lM, G Staff Recommendation � ° Approval � ° 0 ,/,- n ,i. Staff Planner Robert Davis Location 2644 Seaboard Road GPIN C 11"...11r: 2404700955 Site Size moi. 0.5 acres AICUZ Less than 65 dB DNL Existing Land Use and Zoning District . Wooded/AG-2 Agricultural / Surrounding Land Uses and Zoning Districts - . North Wooded/AG-2 Agricultural South AAP !' ; Seaboard Road Religious Use/AG-2 Agricultural East , Wooded/AG-2 Agricultural West Single-family dwelling/AG-2 Agricultural - Virginia Dill & Steven M. Largent Agenda Item 9 Page 1 Background and Summary of Proposal • In April 1968, a plat was recorded that contained the area of the subject parcel as part of Parcel B (Map Book 78, Page 49). • In October 1970, a half-acre portion of Parcel B was illegally subdivided by deed (Deed Book 1180, Page 720) creating the subject lot. Subsequently, no plat was recorded. However, it was a conforming subdivision that was not recorded by plat. The lot met the criteria and all of the requirements when it was created by deed, but the parcel for reasons unknown did not get recorded by plat. • A single-family dwelling was constructed on the site and was later demolished in 2005. The parcel is currently vacant. • Upon the execution of a sale of the subject parcel, it was discovered that the lot was never properly put to record. • As the subject lot is currently zoned AG-2 Agricultural District, a minimum lot width of 150 feet and a minimum lot area of one-acre are required. The existing lot is deficient in both of these standards, as it has a lot width of 100 feet and a lot area of 0.5 acres. A Subdivision Variance to both lot width and lot area is requested to rectify the situation and legally establish the parcel. Required Subject Lot Lot Width (feet) 150 100* Lot Area (acres) 1 0.5* *Subdivision Variance required L. / /�-!• Zoning History # Request �c.• R' \ q \ / 1 CUP(Religious Use)Approved 07/25/1995 AG-2 1 Ill 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 Dill &Steven M. Largent Agenda Item 9 Page 2 • Comprehensive Plan Recommendations The Comprehensive Plan designates this property as being located within the Transition Area, which serves as a buffer between the City's Suburban and Rural Areas. The Transition Area provides an apparent visual shift from the suburban development character to a rural development pattern as one travels from north to south.Therefore, development in the Transition Area should reflect a noticeable transitional pattern with contiguous and unified open space throughout, in keeping with the accompanying Transition Area Design Guidelines. Recommendations for this area applicable to this application include low-impact, low-density residential uses, minimum lot sizes of 15,000 square feet, maximum average calculated density of up to and no more than one unit per developable acre, and 50%of the developable area should be designed to provide a balance of"active" and "passive" open space areas. (Section 1.4 pp. 114-115) 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. Public Utility Impacts Water The lot must connect to City water. There is an existing 12-inch City water main along Seaboard Road. Sewer The property is not served by City sewer. A private septic system must approved by the Health Department. Evaluation and Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property,or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The subject property was illegally subdivided by deed in October 1970. Since that time,the remaining property of the original Parcel B has been sold and is currently under separate ownership. As such, it is impossible to rectify the situation by combining both parcels to meet the dimensional requirements of the Zoning Ordinance for the AG-2 Virginia Dill & Steven M. Largent Agenda Item 9 Page 3 Agricultural District. Thus,this Subdivision Variance is requested to remedy the situation and to properly record the parcel and execute the pending sale of the property. It was not uncommon for lots to be created illegally by deed from the 1950s through the mid-1970s. Staff finds that the subject parcel, as it exists today, does not adversely impact the character of the existing neighborhood and is consistent with the Comprehensive Plan's recommendations for the Transition Area in regards to the surrounding development pattern. Based on the considerations above, Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. The applicant shall be required to submit a subdivision plat substantially in accordance with the submitted subdivision exhibit entitled, "PHYSICAL SURVEY OF PARCEL DESIGNATED AS N/F WELLS, AS SHOWN ON "BOUNDARY SURVEY" PROPERTY OF COREEN JOAN FIELD CONSISTING OF PARCEL "A" AND PART OF PARCEL "B", PLAT OF PROPERTY OF LEE EDWARD JOHNSON ESTATE FOR CORINE WELLS" dated JULY 30, 1998, and prepared by John Sirine&Associates, LTD,which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. No building permit shall be issued for the site until the plat identified in Condition 1 has been approved by the Development Services Center. 3. Prior to obtaining a building permit, the site shall obtain approval from the Virginia Beach Health Department for private septic facilities. 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 Dill & Steven M. Largent Agenda Item 9 Page 4 Existing 1970 Plat lei=:`=:�;_ i ri�itii!ttty.. .:.it'! _�/ u 1 h.I44 1 4"1 1 1 ,� / W f- /: a • ,zoo ^a Jia .� W . 1 6 s✓i J. J i 7 .....-....,4". CO r: 64 t = s `Z F e t a.• !:. a ! i 'j i= C e. 4. t 0 a , ;: I!: Z11 Approximate ••. Location of ' x - \ the Sub,ect •� E site c 6 • cll. \ o •L b re Jbb :It.. 4-''''. 1.____eih, %• .,:,/ 0, i 1:17 Virginia Dill &Steven M. Largent Agenda Item 9 Page 5 Existing Property Survey SNhCI.OS o7 SOM El6sFl%•cll.ccr flfcitSSlt 1-111' ? 0L/ui+ c•,o1 an .Art.Y 30,1994Iwo wwsMa1.,0....nn 11,.14 plat.AM 17,.1 0,,Ih4..1. rrll,lhal1.nn .- �VT•q). OM Il •neel l6•*en%nl No Imild.nhi v...lahtla.ra .„ta1. •^ The Oulln.ntr aIann.,n„I•7.1141, I" "II, Iln.e. a �'ri• ale nn en hwen,t nt oil•. ►.•Idlnc. .•n Ih• nturrstt.recent.WtMO 4' ,' u µ.. NµM1 FIcLDS .., v� , d /tO•1v h •• 3o•VP • r.. .,.sua'd 9 • I . NIF WELLS 1 I • I R y�A I M 0I k xp. ` i i P—"^ roe n. T0,7.. t.. z a ac raw DP n I tto I 1 nail ,, ?Wren..,ra. /T V Ai To...o raiz 'arx.. i,..na.r rcoW .1 ,0 worn on ncnonr.r>'V.p":"-' T • i. l h ,.r.,lc/wrz n 3.o A7.. li 1„>. ....-7,-103.00' --'; L n1rtU0'S I ANNE RA' N 31'-35' 30.1► CO.* SEABOARD ROAD um 1 PHYSICAL SURVEY I OF ' PARCEL DESIGNATED AS NIP* WELLS, AS SHOWN ON 'SOUNDART SURVEY' PROPERTY OEd I COREEN JOAN FIELDS CONSISTING OF PARCEL 'A' AND PART OF PARCEL '8', PLAT OF PROPERTY OF LEE EDWARD JOHNSON ESTATE FOR '4b.r.Q..r.u, CORINE WELLS PRINCESS ANNE BOROUGH - VIRGINIA BEACH, VIRGINIA SCALE.I I.•30' A.O.A.30,1098 JOHN E. SIRINE AND ASSOCIATES, LTD. SURVEYORS 1 ENGINEERS • PLANNERS VIRGINIA BEACH, VIRGfNIA - .1064,661 P.3.5041,P.70 Virginia Dill & Steven M. Largent Agenda Item 9 Page 6 Site Photo .ilivote 4. , t , , _, t- i -1--. ' i4 Virginia Dill &Steven M. Largent Agenda Item 9 Page 7 Disclosure Statement Virginia Beach APPLICANT'S NAME Virginia Dill&Steven M. Largent 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 JEDIP) _ 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. • e SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/An aucrolwes'maw he updated Iwo vi weeks prior to my Page I of Plennmq Commtsston and City Cpund meeting that pertains to the appieaNOnhIr 0 APPLICANT NOTILIED OF HEARING DATE -/�— I_ Ca NO CHANGES AS or DATE a/o7/fo( c7146::. Robert Davis n REVISIONS SUBMITTED DA`E Virginia Dill&Steven M. Largent Agenda Item 9 Page 8 Disclosure Statement Virginia Beach ® Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC,list all member's names If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (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 footnotes[ and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from AppllcanL. 0 Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 0 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 Virginia Dill&Steven M. Largent Agenda Item 9 Page 9 Disclosure Statement W 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 Ilst 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 Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 'Affiliated business entity relationship relationship, other than parenisubsidiary relationship,that exists when(I)one business entity has a controlling ownership Interest in the other business entity,iii)a controlling owner In one entity is also a controlling owner in the other entity, or Nil 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 substantial 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. a a SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the ;ublert of the application or any business operating or to be operated on the Property. If the answer to any item is VES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPUTE THE SECTION SEPERATELY Page 3 of • Virginia Dill&Steven M. Largent Agenda Item 9 Page 10 Disclosure Statement APPLICANT ViiryolaBeach LESJ (NOJ SERVICE PROVIDER oda additional midair needed) ® Accounting and/or preparer of your tax return EArchitect/Landscape Architect/ Land Planner ® ❑ Contract Purchaser(Nether then Robed A Wadsworth the Apolkani)-identify purchaser and purchasers service providers Any other pending or proposed El ® purchaser of the subject property (identify purchaser(s)and purchase?,service providers) ❑ J/ Construction Contractors -- WI Engineers/Surveyors/Agents - Financing(include current _ -- — ❑ ® mortgage holdeand lenders selected roeg considered to Totone84nk provide financing for acquisition or construction of the property) nLegal Services Sykes.Bourdon.Ahem 8 Levy.PA. -— Real Estate Brokers/ Susan Carrara CRS NI Li Agents/Realtors for current and anticipated future sales of the sublea properly e a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have Eian interest in the subject land or any proposed development contingent on the subject public action? if yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia Dill &Steven M. Largent Agenda Item 9 Page 11 Disclosure Statement Virginia Beach rFRTIFICATION: I certify that all of the information contained In this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this �App/lication. v�d Virginia Dill 11-174 PRINT NAM/ pA{e Steven M. Largent • Page 5 of 7 Scanned by CamScanner Virginia Dill&Steven M. Largent Agenda Item 9 Page 12 Disclosure Statement vrpm.Beach rFRTIFICATION: I certifythat 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. Virginia DOI APPLICANT'S SIGNATURE PRINT NAME DATE IAh 11 Steven M. Largent Page S of? I Virginia Dill&Steven M. Largent Agenda Item 9 Page 13 Item#9 Virginia Dill&Steven M. Largent Subdivision Variance 2644 Seaboard Road District 7 Princess Anne January 11, 2017 CONSENT An application of Virginia Dill and Steven M. Largent for a Subdivision Variance(Section 4.4(b)of the Subdivision Regulations)on property located at 2644 Seaboard Road,District 7, Princess Anne. GPIN: 2404-70-0955-0000. CONDITIONS 1. The applicant shall be required to submit a subdivision plat substantially in accordance with the submitted subdivision exhibit entitled,"PHYSICAL SURVEY OF PARCEL DESIGNATED AS N/F WELLS, AS SHOWN ON "BOUNDARY SURVEY" PROPERTY OF COREEN JOAN FIELD CONSISTING OF PARCEL "A"AND PART OF PARCEL"B", PLAT OF PROPERTY OF LEE EDWARD JOHNSON ESTATE FOR CORINE WELLS" dated JULY 30, 1998,and prepared by John Sirine&Associates, LTD,which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. No building permit shall be issued for the site until the plat identified in Condition 1 has been approved by the Development Services Center. 3. Prior to obtaining a building permit,the site shall obtain approval from the Virginia Beach Health Department for private septic facilities. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item 9. AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON ABSENT HORSLEY AYE INMAN ABSENT KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 9-0,the Commission approved item 9 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. I / ----___,...___________j i , If "a 1111111111.111 41_- --- ---- i,-)" a N 0 /41111 11 1i N , k N a rig isc5(.9 t ,� tI . -- .. h.. a I l J �r, N ,l C= I U ait IWO' ' 11---10 5L'JI ,EI ow p ' 1 � 1 �.. i a �`t N rgic:F � � ,, a r !■" / r te°%,, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DANIEL W. FENTRESS [Applicant & Property Owner] Conditional Use Permit (Alternative Residential Development) & Subdivision Variance (Sections 4.4 (b) & (d) of the Subdivision Regulations) 1660 Princess Anne Road (GPIN 2402987193). COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: February 21, 2017 • Background: The subject 17.68-acre property has been part of the larger Fentress family farm for over 100 years. The farm, which includes the subject site, has been divided over the years amongst family members. The applicant desires to subdivide the subject property in order to provide his children with building sites. As the property is zoned agricultural, the maximum residential density allowed by-right is one dwelling unit per 15 acres of developable land, or in this case one dwelling unit. The applicant requests a Conditional Use Permit for Alternative Residential Development to allow a greater density than what is permitted by-right. The City Council may approve such a request, provided that certain criteria are met. In addition, two of the four proposed parcels will be deficient in lot width, one of which will have no direct access to a public street; therefore, Subdivision Variances are requested. Three of the four parcels will ultimately be developed with single family dwellings, and the fourth lot will be reserved for agriculturally purposes only. • Considerations: Based on the criteria within the Comprehensive Plan's Rural Design Guidelines, the soils present on the property can yield up to three residential units. The submitted site layout depicts three residential dwelling sites as well as a fourth parcel adjacent to existing farmland that will remain under cultivation in perpetuity. In Staffs opinion, the proposed layout and parcel configuration will be consistent with the surrounding area and will not negatively impact the rural character of this part of Virginia Beach. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request subject to the conditions below. Daniel W. Fentress Page 2 of 3 1. With the exception of any modifications required by any of these conditions, the site shall be subdivided and developed substantially in conformance with the submitted site layout entitled "SUBDIVISION OF PARCEL 1A INSTRUMENT NUMBER 20160212000120050 PROPERTY OF DANIEL W. FENTRESS," dated September 22, 2016, and prepared by Warren and Associates, P.C. Land Surveyors. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. Legal ingress/egress to Lots 1A-1, 1A-2, 1A-3 and 1A-4 shall be maintained at all times,through ingress/egress easement(s), no less than 20 feet in width. Said easement(s) shall be depicted and recorded on the final plat. 3. Per Section 405 (a) (9)of the Zoning Ordinance, there shall be only two access points on the existing public road system to the subject sites. 4. A note shall be recorded on the final plat indicating that Lot 1A-1 is not a building site. 5. No residential structures shall be permitted on Lot 1A-1. 6. Prior to obtaining a building permit, each of the proposed building lots shall obtain approval from the Virginia Beach Health Department for private well and septic facilities. 7. Prior to the construction of any residential dwelling, the existing concrete apron depicted on the site layout shall be removed. s. A 50-foot vegetated buffer shall be installed and maintained between any residential structure and any abutting agricultural operation. Said buffer shall be consistent with the Rural Residential Development Guidelines with the first 25 feet being heavily planted with a mixture of grasses and low growing indigenous shrubs, and the second 25 feet adjacent to the structure planted with a double row of trees with a minimum caliper of one and one half inches and should be centered no more than thirty feet apart. 9. New dwellings on the property shall be designed so as to include architectural treatments typical of the agrarian character of south Virginia Beach. As noted in the Comprehensive Plan, these treatments include, but are not limited to, large open wrap-around porches, pitched roof lines, detached or side-loading garages. The elevation of each new dwelling shall be submitted for review to the Planning Director and shall be deemed acceptable by the Planning Director prior to the issuance of a building permit. Daniel W. Fentress Page 3 of 3 ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. /14 �//f Submitting Dili, m• • • eency: Planning Department� � µyAC'fik City Manager Applicant & Property Owner Daniel W. Fentress Agenda Item Public Hearing January 11, 2017 City Council Election District Princess Anne 3 (MI of Virginia Beach Requests 'Y / Conditional Use Permit (Alternative ' Residential Development) ,- i6-70aBONI 1 lia Subdivision Variance (Sections 4.4 (b) & (d) of the Subdivision Regulations) 111.111111 „, Ni Staff Recommendation ��' z Approval I i Y S Staff Planner V Jimmy McNamara /---------„,_,- b4,90.o f Location 1660 Princess Anne Road GPIN ‘ 2402987193 Site Size 17.68 acres AICUZ k Less than 65 dB DNL Existing Land Use and Zoning District :0*#"....N.J.,, Single-family dwelling, cultivated field/AG-1 & 1 ` �` '.�!:4'-.:. It AG-2 Agricultural -.7 ; Surrounding Land Uses and Zoning Districts .. North .. Single-family dwelling, cultivated field/AG-1 & j' 10 '.- Ar AG-2 Agricultural ^ •. ".•., South 1V-Ni-;.4..:'..' .• ' Cultivated field/AG-1 &AG-2 Agricultural ` ` Td w a , ++ ` . East Wooded land/AG-1 Agricultural West - Princess Anne Road Single-family dwellings/AG-2 Agricultural Daniel W. Fentress Agenda Item 3 Page 1 Background and Summary of Proposal • The subject 17.68-acre property has been part of the larger Fentress family farm for over 100 years. The farm, which includes the subject site, has been divided over the years amongst family members. • The property is developed with a single-family dwelling, the remnants of the original farmstead, a detached metal garage and four metal storage buildings. Most of the property is under cultivation. • The applicant desires to subdivide the property in order to provide his children with building sites. As the property is zoned AG-1 and AG-2 Agricultural District,the maximum residential density allowed by-right is one dwelling unit per 15 acres, or in this case, one dwelling unit. The Zoning Ordinance does allow a provision to increase this density; however, a Conditional Use Permit for Alternative Residential Development is required. • Section 405 of the Zoning Ordinance states that the City Council may grant a Conditional Use Permit to allow residential density at a density greater than which is permitted by-right provided that certain criteria are met. This criteria addresses soil types and the Comprehensive Plan's Rural Design Guidelines. • The property has over 15 acres of well-drained soil, soil that is designated as soil number one in the Comprehensive Plan;therefore, based on the criteria of one dwelling unit per five acres of class one soils,the 17.68-acre site could yield four lots.Three of these lots would be eligible for a residential dwelling,while one would not. • Proposed Lot 1A-1 will be 14.54 acres in size and will continue to be cultivated as it is today. A 20-foot ingress/egress easement is proposed to provide access to this lot. As this parcel contains no frontage on Princess Anne Road, it is deficient in lot width as it technically has a lot width of zero. No residential structure is proposed on this parcel. • Proposed Lot 1A-2 is proposed as a flag lot with a minimum lot width of 20 feet. Section 405(a)(8) of the Zoning Ordinance permits one flag lot with a minimum lot width of 20 feet with a Conditional Use Permit for Alternative Residential Development;therefore, proposed lot 1A-2 will meet all requirements of the Zoning Ordinance • Proposed Lot 1A-3 will meet the minimum requirement for lot area, but will be deficient of the required lot width requirement by 14 feet, as it has a lot width of 136 feet. • Proposed Lot 1A-4 will contain the existing single-family dwelling and will meet all the dimensional requirements of the Zoning Ordinance. Daniel W. Fentress Agenda Item 3 Page 2 \CDti 1A-3 1A-1 — T{11I" 1A-4 I 1A-2 -`-1 -- —yropoxCF,ument sl -- O - O. 1_ _ / • The proposed Lot 1A-1 requires a Subdivision Variance to Section 4.4 (d) of the Subdivision Regulations, as it lacks direct access to a public street. A Subdivision Variance to Section 4.4 (b),specifically to lot width, for proposed Lot 1A-1 and Lot 1A-3 is also requested. Required Lot IA-1 Lot 1A-2 Lot IA-3 Lot 1A-4 150 or 20 feet for Lot Width(feet) one permitted flag 0* 20 136.36* 150 _ lot Lot Area (acres) 1 14.55 1.14 1 1 *Subdivision Variance required • Section 405 (a) (9) of the Zoning Ordinance permits only two access points for residential subdivisions under 25 lots. The first proposed access point will be on a 20-foot easement that is to be located on Lot 1A-2. This easement will provide ingress/egress to proposed Lot 1A-2, Lot 1A-3 and Lot 1A-4. Additionally, a 20-foot easement is proposed along the southern boundary of Lot 1A-4 and 1A-2 to provide access to Lot lA-1 and will serve as the second access point. The applicant is proposing to remove the existing driveway apron to the existing single-family dwelling in order to adhere to the limit of two access points. Daniel W. Fentress Agenda Item 3 Page 3 AO-2' AG-1 AG- y�.Wile G ///� • Zoning History j � lowry�: iSi?er- # Request 1 CUP(Alternative Residential Development)Approved AG-1• - '7 12/06/2011 �~~ 2 CUP(Firewood Preparation) Denied 04/28/2009 11141111 •0-1 SVR Approved 02/25/1992 CUP(Mobile Home)Approved 02/25/1992 AG-1 ��- AG-2 ---"MMIRIMMIIIIIIrlIMOIRIPPRORNMEgon 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 "Rural Area." Guiding principles have been established in the Comprehensive Plan to preserve the rural character of the area through planning objectives that emphasize its agricultural and environmental economic value, in an effort to preserve the area for future generations. The Plan's principles include preserving and promoting a vibrant agricultural economy, reinforcing rural heritage and way of life, sustaining natural resources for future generations and managing rural area development and design. (p. 1.127 - 1.128) Natural and Cultural Resources Impacts The site is located within the Southern Rivers watershed. The site is used for the cultivation of crops. There do not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 7,945 ADT 1 7,400 ADT 1(LOS°"C") Existing Land Use 2-10 ADT 18,600 ADT (LOS'"E") Proposed Land Use 3-29 ADT 1 Average Daily Trips z as defined by a single- 3 as defined by three single-family a LOS=Level of Service family dwelling dwellings Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road in the vicinity of this application is considered a two-lane undivided rural highway. The MTP proposes an undivided facility with bikeway within a 100-foot right-of-way. No CIP projects are slated for this area. Daniel W. Fentress Agenda Item 3 Page 4 Public Utility Impacts Water City water is not available. A Health Department approved private well can provide service. Sewer City sanitary sewer service is not available. A Health Department approved private septic system can provide service. School Impacts School Current Enrollment Capacity Generation 1 Change 2 Creeds Elementary 306 432 1 0 Princess Anne Middle 1,460 1,449 1 1 Kellam High 2,021 1,857 1 1 "Generation"represents the number of students that the development will add to the school. "change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). Evaluation and Recommendation Conditional Use Permit The subject site has been reviewed by the Virginia Beach Department of Agriculture and has been determined to have 17.15 acres of Class I soils and 0.35 acres of Class II soils which could yield up to three residential units. The submitted site layout depicts the three allowable residential dwelling sites at the front of the property adjacent to Princess Anne Road. A fourth parcel is proposed; however, no residential unit will be permitted on that site and it will remain under cultivation. Section 405 (a) (4) requires that all development proposals that obtain a Conditional Use Permit for Alternative Residential Development be in substantial conformance with all applicable provisions of the Comprehensive Plan's Rural Residential Development Guidelines, which provide guidance for development proposals within the rural area of the city. The Guidelines state that subdivisions should take place on lots that have good soils that possess the best drainage and water table characteristics,while still protecting agricultural operations. The proposed request helps encourage the continuation of agricultural operations on the property by preserving 14.55 acres of prime farm land for the continued cultivation of crops,while also providing building sites for the applicant's children at the front of the property along Princess Anne Road. As such, this request is consistent with the Comprehensive Plan's goals of promoting of a vibrant agricultural economy. The Guidelines also address the avoidance of the fragmentation or dividing of remaining farmland into small lots. The existing cultivated farmland is located in the rear portion of the site. The proposed layout depicts the building sites along Princess Anne Road, and away from the farmland. The Guidelines call for a protective buffer between proposed residential structures and abutting agricultural operations. As such,Staff has included a condition for the installation of a 50-foot wide buffer consistent with the Rural Development Guidelines. This request for a Conditional Use Permit for Alternative Residential Development, in Staff's opinion, is consistent with the Comprehensive Plan's land goals for the Rural Area. Additionally, Staff believes it is consistent with the Rural Residential Development Guidelines. The Virginia Beach Department of Agriculture has reviewed this application and has expressed their support. Daniel W. Fentress Agenda Item 3 Page 5 Subdivision Variance Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. The proposed layout depicts two lots that are deficient of the minimum lot width of 150 feet for the AG-1 and AG-2 Agricultural Districts,specifically 20 feet and 136.36 feet. There are existing parcels directly across Princess Anne Road from this property that have reduced lot widths, one with as little as 100 feet. As such, it is Staff's opinion that the proposed layout will be consistent with the surrounding area and will not negatively impact any of the adjacent property owners. The proposed Lot lA-1 has no frontage on a public street;therefore, it technically has a lot width of zero. Additionally, a Subdivision Variance to Section 4.4 (d)of the Subdivision Regulations is also required for this parcel as it will not have direct access to a public street. The proposed lot configuration is acceptable given the fact that this particular layout will preserve 14.59 acres of farmland on Lot 1A-1. Although it is not accessed directly by a public street,the proposed easement will ensure adequate access to maintain agricultural operations on the site. Based on the considerations above, Staff recommends approval of the requests subject to the conditions below. Recommended Conditions 1. With the exception of any modifications required by any of these conditions,the site shall be subdivided and developed substantially in conformance with the submitted site layout entitled "SUBDIVISION OF PARCEL 1A INSTRUMENT NUMBER 20160212000120050 PROPERTY OF DANIEL W. FENTRESS," dated September 22, 2016, and prepared by Warren and Associates, P.C. Land Surveyors. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. Legal ingress/egress to Lots lA-1, 1A-2, 1A-3 and 1A-4 shall be maintained at all times,through ingress/egress easement(s), no less than 20 feet in width. Said easement(s) shall be depicted and recorded on the final plat. 3. Per Section 405 (a) (9)of the Zoning Ordinance,there shall be only two access points on the existing public road system to the subject sites. 4. A note shall be recorded on the final plat indicating that Lot 1A-1 is not a building site. 5. No residential structures shall be permitted on Lot lA-1. 6. Prior to obtaining a building permit, each of the proposed building lots shall obtain approval from the Virginia Beach Health Department for private well and septic facilities. Daniel W. Fentress Agenda Item 3 Page 6 7. Prior to the construction of any residential dwelling, the existing concrete apron depicted on the site layout shall be removed. 8. A 50-foot vegetated buffer shall be installed and maintained between any residential structure and any abutting agricultural operation. Said buffer shall be consistent with the Rural Residential Development Guidelines with the first 25 feet being heavily planted with a mixture of grasses and low growing indigenous shrubs, and the second 25 feet adjacent to the structure planted with a double row of trees with a minimum caliper of one and one half inches and should be centered no more than thirty feet apart. 9. New dwellings on the property shall be designed so as to include architectural treatments typical of the agrarian character of south Virginia Beach. As noted in the Comprehensive Plan,these treatments include, but are not limited to, large open wrap-around porches, pitched roof lines, detached or side-loading garages. The elevation of each new dwelling shall be submitted for review to the Planning Director and shall be deemed acceptable by the Planning Director prior to the issuance of a building 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. Daniel W. Fentress Agenda Item 3 Page 7 Proposed Site Layout i 21 d fi 41Clo to z.' d10 i a��4 n ?w vs 4 R N°L I 8 s Y gz,S It pa 7 IC '', U 11 1 "I 1111 : .R < 1 • 2i ,�� bt 9 g 14 „' r 7 ':� r : . yyy�� < .a �y3 ,' 1 a �:i ; �lt it �`� M-tc-t° � kotr 7T �� � . tip- -41114iiii 1 S " N000.001.1.1. ...,, 0 ' g.d. _______,--1037.3,1d1 6 I IP y tpiorr Daniel W. Fentress Agenda Item 3 Page 8 Soil Classification Exhibit 4-- z CO 5 a� 0) v) V T N. N Lr) `~ 1 to M• Q� V 2O — N I Q -t 1 O L O o CL cc Iliiiica vJ O N • O �a V L C Q \ Oct L _ (n 0 Co CCS C 0 . 3.. U -0 13O CO princess Anne Road T Daniel W. Fentress Agenda Item 3 Page 9 Site Photos Allt p - E1.110 _ . ... .. v - .1,..thlaur -f „ 1 . ,.... , , .._ .... . , . . . .. . .. . ,... • _-,, ,., .,-..-4,..!;;;;-r,:‘':--s-- • ' . • • ' ' - ';:'' ' .... ..4,504:'.-4,4 : . rift 40000004.404.400..„...— - .. , - . . ..........- I • .- :7'1= ••,•••`-t•-;:.- .: -_-•- • - .. i41.i'i-,;,,'''..,•,, " . . _ • ,i ..., ,• - - "4-ft"-4-4 ..-.'•• ---,'• :1,. • .t,••••• ?!..„, .„-: :.,.'• . • ,;7,4,-c '.",-!:,,, -, .- , _ ', Daniel W. Fentress Agenda Item 3 Page 10 Disclosure Statement Virginia Beach APPLICANT'S NAME PDu;IA - u. rst-er tAS DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) _ Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness -— Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board ✓ Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Pagel of ❑ F 49117-1 'o hd ! ti ck` y l 11(-y — - Jimmy McNamara ❑ V Daniel W. Fentress Agenda Item 3 Page 11 Disclosure Statement T AlB Ytryafa Both Q Check here if the APPLICANT IS NOT a corporation, partnership, firm, ,,�L business,or other unincorporated organization. D9 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names. If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary r or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes[ and 2 e , SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different front Applicant. Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, ANO THEN complete the following. (A) List the Property Owner's name. If an LLC, list the member's names Paget of Daniel W. Fentress Agenda Item 3 Page 12 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below (Attach list if necessary) (8) List the businesses that have a parent-subsidiary I or affiliated business entity relationship with the Property Owner: (Attach list if necessary) 'Parent-subsidiary relationship' means relationship that exists when one corporation directly or indirectly owns shares possessing morethan 50 percent of the voting power of another corporation See State and Loral Government Conflict of Interests Act,Va Code§2 7.3101. l 'Affiliated business entity relationship means relationship, other than parentsubsidlary relationship. that exists when(0 one business entity has a controlling ownership interest in the other business entity. (iii a controlling owner in one entity is also a controlling owner in the other entity, or (lu) 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 regularbasis or there is otherwise a close wrokong relationship between the entities' See State and Local Government Conflict of Interests Act. Va Code § 77.3)01 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business oneratino 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 or 7 Daniel W. Fentress Agenda Item 3 Page 13 Disclosure Statement APPLICANT Virginia Beach EYES] NO [ SERVICE PROVIDER(use additional sheets if needed) .® ❑ Accounting and/or preparer of feA,„y G Sdn..i c,0,9 p� your tax return j Kv. ❑ Architect/Landscape Architect/ Land Planner `_ Contract Purchaser('f other than ❑ I0 DteAoollcant)-Identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaserls)and �( purchaser's service providers) ❑ Ki Construction Contractors_- - - n --� _ • Fl Engineers/Surveyors/Agents LAtil ya'1 s \-»LZ to > C— Financing(include current ❑ mongage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • ❑ Legal Services I np Yl s',-" K'C4P� Real Estate Brokers/ ❑ fel Agents/Realtors for current and �" anticipated future sales of the sub'ect •ror•rt a t 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 Daniel W. Fentress Agenda Item 3 Page 14 Disclosure Statement ,..Y.V Virginia Beath 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. tiOew,cl e✓. 4.44.Ea< (DVS-/6 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Daniel W. Fentress Agenda Item 3 Page 15 Item#3 Daniel W. Fentress Conditional Use Permit Subdivision Variance 1660 Princess Anne Road District 7 Princess Anne January 11, 2017 CONSENT An application of Daniel W. Fentress for a Conditional Use Permit(Alternative Residential Development) and a Subdivision Variance(Section 4.4(b) & (d)of the Subdivision Regulations)on property located at 1660 Princess Anne Road,District 7, Princess Anne. GPIN: 2402-98-7193-0000. CONDITIONS 1. With the exception of any modifications required by any of these conditions,the site shall be subdivided and developed substantially in conformance with the submitted site layout entitled "SUBDIVISION OF PARCEL 1A INSTRUMENT NUMBER 20160212000120050 PROPERTY OF DANIEL W. FENTRESS,"dated September 22, 2016,and prepared by Warren and Associates, P.C. Land Surveyors.Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. Legal ingress/egress to Lots lA-1, 14-2, 14-3 and 14-4 shall be maintained at all times,through ingress/egress easement(s), no less than 20 feet in width.Said easement(s)shall be depicted and recorded on the final plat. 3. Per Section 405 (a)(9)of the Zoning Ordinance,there shall be only two access points on the existing public road system to the subject sites. 4. A note shall be recorded on the final plat indicating that Lot lA-1 is not a building site. 5. No residential structures shall be permitted on Lot 14-1. 6. Prior to obtaining a building permit,each of the proposed building lots shall obtain approval from the Virginia Beach Health Department for private well and septic facilities. 7. Prior to the construction of any residential dwelling,the existing concrete apron depicted on the site layout shall be removed. 8. A 50-foot vegetated buffer shall be installed and maintained between any residential structure and any abutting agricultural operation.Said buffer shall be consistent with the Rural Residential Development Guidelines with the first 25 feet being heavily planted with a mixture of grasses and low growing indigenous shrubs,and the second 25 feet adjacent to the structure planted with a double row of trees with a minimum caliper of one and one half inches and should be centered no more than thirty feet apart. Item#3 Daniel W. Fentress Page 2 9. New dwellings on the property shall be designed so as to include architectural treatments typical of the agrarian character of south Virginia Beach.As noted in the Comprehensive Plan,these treatments include, but are not limited to, large open wrap-around porches,pitched roof lines, detached or side-loading garages.The elevation of each new dwelling shall be submitted for review to the Planning Director and shall be deemed acceptable by the Planning Director prior to the issuance of a building permit. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item 3. AVE9 NAYO ABSO ABSENT2 HODGSON ABSENT HORSLEY AYE INMAN ABSENT KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 9-0,the Commission approve item 3 for consent. The application Daniel Fentress appeared before the Commission. ..- ..,"' ;,. ..,..--' '10:''-• ..----.......... .. ..- . . ,...'' ..-- -„„________ ..„.. . . ..A.,'. .,,r. 1--1 L, I I i L' l : ,I . , am)1. I I • --I . MI •____1 -11%.41 I \.• 1 Ce ,...._ , r ---..., .. _ ..___i .., .... \ ..... / , ---,----, / , i ,,,, . i „ . .4 \ ', _,.... „... __. .._.„ ...„„..„..„„ .... ,_ _ ,/,,•// .,. -- / .,.... _, / . ._._ ... ..... . • ..... 1..... i .. ,. ....___ 7 . ,., •.__ -44 00/ - ---.---- .,. \75 ., _ - ' ' 1..-• 44 Ot .. -__ i . . , . , /,.. •—„—.-''- ‘, r.,_. / '---,/ . , ,...„... I ',.._ . ( rAW •---._ I qtral ---...,..„ , . 1 filvilN: . ,-/ :i I 4 14.1°.I 0 4 III' '--.„„, ,..,,_ i si . ' 4241 __. -"--.., _ .. ,_. ._.. , , .. • -,..„. . ,,, I , ---„. ,e •II* 0 . '----„.._ _ ei in--, i.,.____ / . . II :.*. 1 -. ---------..-----_ / (.7---„,_,,. ..v _,_ 1, \ . . , 14 M , • 0 s...,, ..„,.. - „ / ---..,. -1. IJ / -...... -.. 41 oos, --------- ,,_._ .,.. . ) / . Lin _." ' ..,__ ;,. , ., . / . ., ...,.. Ni - -_, . . , . . .. .. i . / . --- , ,_./ ,. ---..... .urY .)t,-. ..,....,._. ... „ : -. . / . > / l .. .,. I .. .._.._ ... 1 [ oat:4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: EVELYN IGHALO [Applicant] STANLEY & EVELYN IGHALO [Property Owners] Conditional Use Permit (Family Day-Care Home) 1617 Wicomico Lane (GPIN 1465655297). COUNCIL DISTRICT— CENTERVILLE MEETING DATE: February 21, 2017 ■ Background: The applicant requests a Conditional Use Permit for a Family Day-Care Home to care for up to 12 children within a single-family dwelling. The approximately 10,000 square-foot parcel is zoned R-7.5 Residential. The property has an enclosed side yard, which provides ample area for the children to play outdoors. ■ Considerations: Residential in-home daycare operations provide a valuable service and an alternative daycare option for many families with young children. Consistent with other Conditional Use Permit requests for a Family Day-Care Home, Staff recommends a condition that pickup and drop off times be staggered to alleviate the potential for congestion in the right-of-way. Staff believes that the proposed use is appropriate for the subject site, and is compatible with the surrounding residential land uses. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request subject to the conditions below. 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. Evelyn Ighalo 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. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. �/ Submitting Departmen . !ency: Planning Department(, r d`-' City Manager: 111 � � Applicant Evelyn Ighalo Agenda Item Property Owners Stanley & Evelyn Ighalo Public Hearing January 11, 2017 ,,,,,„f City Council Election District Centerville Virginia Beach Request Conditional Use Permit (Family Day-Care , 1 Home) J oz / — , r Staff Recommendation �7 4,aa , �, a Approval ' . °° °' e Fstogy to �we ° n Staff Planner / M$ ,� s' 0 Jonathan Sanders ,s,(F.' n Location 4° 0 ^ a i l ynnhavan parkway 1617 Wicomico Lane ,. a , GPIN r F= �tl � 4 1. 1465655297 P Site Size 9,946 square feet AICUZ Less than 65 dB DNL _ ;/, Existing Land Use and Zoning District -.AA- --. i ' j` ' Z Single-family dwelling/ R-7.5 Residential 0,1'0• / Surrounding Land Uses and Zoning DistrictsitiAp,, .4 , ' .` North • Wicomico Lane Single-family dwelling/ R-7.5 Residentialk , j �., South Single-family dwelling/ R-7.5 Residential NV ir r� East Wicomico Lane /� ' _ Single-family dwelling/ R-7.5 Residential J J ' �►. i' West _ra • Q , i , Single-family dwelling/ R-7.5 Residential Evelyn Ighalo Agenda Item 1 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Use Permit for a Family Day-Care Home to care for up to 12 children within a single-family dwelling. • The approximately 10,000 square-foot parcel is zoned R-7.5 Residential. The property has an enclosed side yard for children to play outdoors. • The proposed hours of operation are Monday through Friday, 6:00 a.m. to 6:00 p.m. •11Ibp4441. Co 477 No Zoning History to Report RA,5 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 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) 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. Evelyn lghalo Agenda Item 1 Page 2 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Wicomico Lane No Data Available Existing Land Use 2 10 ADT3 Proposed Land Use -48 ADT3 1 as defined by one single-family 2 as defined by Family Day- 3 Average Daily Trips dwelling Care Home Public Utility Impacts Water and Sewer The site is currently 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, in Staff's opinion, is consistent with the Comprehensive Plan's land use goals for residential areas, as it provides a valuable service for families in the Suburban Area. Staff has recommended a condition that pickup and drop off times be staggered to alleviate the potential for congestion in the right-of-way. Staff believes that the proposed use is appropriate for the subject site, and is compatible with the surrounding residential land uses. 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. S. 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. 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. Evelyn Ighalo Agenda Item 1 Page 3 Site Layout / 4`• , ., ., . . it-. _ , r� � / 0' 4/..7 / i _, Site / ---- j / x - ---------- if/ / Evelyn Ighalo Agenda Item 1 Page 4 Site Photos i r Os o J ion .` ^ flt ._,,. , Af I Z!'''''''''' iJ a•- • j, ' .'b `oo ' •'i%,,f AO- Tom` _: "� Evelyn Ighalo Agenda Item 1 Page 5 Disclosure Statement t la kt ,= 1 i Virginia Beach APPLICANT'S NAME Evelyn Ighalo DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FORCIiY USF owv;ells i _ ,, , - Page 1 of 7 ID APPLICANT NOTIFIED OF HEARING _ATE E2r/ NOCHANCES AS OF :;ATF 2./7/I 7 Ji' Jonathan Sanders El REVISIONS Sl1ah1I I1 H) Evelyn Ighalo Agenda Item 1 Page 6 Disclosure Statement Virginia Beach ® Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. F1Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name_Evelyn Ighalo If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes[ and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if or000rly owner is different from Aoolican(. r A Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. nCheck 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 Evelyn Ighalo Agenda Item 1 Page 7 Disclosure Statement M Virginia Beach If a Corporation, list the names ofall officers,directors, members,trustees, etc. below: (Attach list if necessary) (8) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach lisr 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. 3 "Affiliated business entity relationship means 'a relationship, other than pest ns her a si sshln,that co when(g own business entity has controlling ownership Interest inthe other business entity, )a controlling owner in one entityIs also a controlling owner in the other entity,or there Is shared management or control between the business entities. Fnsthat should be considered determining the existence of an affiliated business entityrelationship la ithip include that the same person or substantially the same person own or manage the two entities;there are common or commingledfunds assets;the business entitiesshare the use of the same officesemployees otherwiseor share activities, resources or personnel on a regular basis; there Is otherwise a close working relationship between the entities." See State and Local Government conflict ofInterests AR,Va.Cde§ 22-3101. e SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the ubiect of the application or any business operating or to be operated an the Prooerty. 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 Evelyn Ighalo Agenda Item 1 Page 8 Disclosure Statement APPLICANT YES NO SERVICE PROVIDERWraddldonal sheets if needed) El ® Accounting and/or pre parer of your tax return ❑ NI Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Z 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 Stonegate Mortgage Corporation ® ❑ 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 e • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Reach 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 Evelyn Ighalo Agenda Item 1 Page 9 Disclosure Statement Vi Yigitila`Be'as'y 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. Ev2lyr, T8hola lE-1G DATE 51 NA URE PRINT NAME o DATE Page5 of7 Evelyn Ighalo Agenda Item 1 Page 10 Disclosure Statement OWNER "vig da llaek YES NO SERVICE PROVIDERIwadadeiial 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 purchasers service providers) ❑ ® Construction Contractors ❑ M Engineers/Surveyors/Agents Financing(include current Stonegate Mortgage Corporation 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 W anticipated future sales of the subject property a 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 Evelyn Ighalo Agenda Item 1 Page 11 Disclosure Statement VA • 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. EIT ri rt 'LShc to Io-?316 RR O SIGNATURE PRINT NAC7 DATE Page 7 of 7 Evelyn Ighalo Agenda Item 1 Page 12 Item#1 Evelyn Ighalo Conditional Use Permit 1617 Wicomico Lane District 1 Centerville January 11, 2017 CONSENT An application of Evelyn Ighalo for a Conditional Use Permit(Family Day-Care Home)on property located at 1617 Wicomico Lane, District 1,Centerville. GPIN: 1465-65-5297-0000). 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. 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. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item 1. AYE 9 NAY O ABS O ABSENT 2 HODGSON ABSENT HORSLEY AYE INMAN ABSENT KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE Item #1 Evelyn Ighalo Page 2 WEINER AYE By a vote of 9-0,the Commission approved iteml for consent. The applicant Evelyn Ighalo appeared before the Commission. N ° � CO N iiiiii, .� '' N 0 6 roLiiU `� ----- V� t 116(1- � i' ,+-r r7 10 t,-: L' N r r r L lj I fZ7 oO LI C c7 0, ri-7 :=,--;;3 Cli .. r O Csil �j �r � --r C--7 '.1 ce El L� r - 4 '- e . I . . ....., ..`'.3 i0J1r C Nr► • NINIAL NVIIILNI N C DL -1 a (-- r 1 - 4 [ (7-41;) 4. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WAYNE & KIMBERLY JOHNSON [Applicant & Property Owner] Conditional Use Permit(Home-Based Wildlife Rehabilitation Facility) 1951 Clifton Road (GPIN 2307882704). COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: February 21, 2017 ■ Background: The applicants request a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility to care for orphaned and injured wildlife. Specifically, they plan to care for squirrels and opossums during the months of March through October. The applicants are licensed with the Virginia Department of Game and Inland Fisheries (VDGIF) as Category 1 Wildlife Rehabilitators. Ms. Johnson is anticipating being promoted to a Category 2A Wildlife Rehabilitator license this year. They are members of the National Wildlife Rehabilitators Association. In addition, Dr. Wayne Johnson, one of the applicants, is a veterinarian. • Considerations: During a recent site visit, Staff found the property very organized and well kept. The existing shed, fence and vegetation provide sufficient screening from the street and for the adjacent horse farm to the west. The enclosures are not visible from the street. The existing shed that will provide shelter for the animals is within the 15-foot side yard setback. The applicant is requesting that this encroachment be addressed through the provisions of Section 221 (i) of the Zoning Ordinance, which allows City Council to grant deviations from required setbacks if "for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." Staff concludes that a deviation in this requirement will not adversely impact the adjacent properties, particularly given that this structure is adjacent to a horse farm, and not another residence, and recommends approval of the deviation. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request subject to the conditions below. Wayne & Kimberly Johnson Page 2 of 2 1. The applicant shall comply with all of the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home-Based Wildlife Rehabilitation Facility. 2. No animals shall be dropped-off between the hours of 10:00 p.m. and 7:00 a.m. 3. No animals shall be released at the subject site or within the neighborhood. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department e� 4,C4--- City Manager: roc Applicants & Property Owners Wayne & Kimberly Johnson Agenda Item Public Hearing January 11, 2017 City Council Election District Princess Anne 4. Virginia Beach Request Conditional Use Permit (Home-Based Wildlife Rehabilitation Facility) C ' Staff Recommendation I MY Approval hon Roby Staff Planner 4,, Jonathan Sanders yc; goaa Location 1951 Clifton Road GPIN 2307882704 Site Size 1.74 acres AICUZ Less than 65 dB DNL •; Existing Land Use and Zoning District 11145"4`k = , ` - Single-family dwelling/ R-20 Residential • Surrounding Land Uses and Zoning Districts • , ;•. -_ - A - �' -:".`� North , • 'At e ► Clifton Road - �" •� F z. Single-family dwelling/ R-20 Residential ' ' .'' South • 144 North Landing River ` s�" ` a �: f4 East R• 4 Single-family dwelling/ R-20 Residential ; h West .. '' Horse farm/AG-2 Agricultural •.r,i Wayne & Kimberly Johnson Agenda Item 4 Page 1 Background and Summary of Proposal • The applicants request a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility to care for orphaned and injured wildlife. Specifically, they plan to care for squirrels and opossums during the months of March through October. • The applicants are licensed with the Virginia Department of Game and Inland Fisheries (VDGIF) as Category 1 Wildlife Rehabilitators. Ms.Johnson is anticipating being promoted to a Category 2A Wildlife Rehabilitator license this year. They are members of the National Wildlife Rehabilitators Association. In addition, Dr. Wayne Johnson, one of the applicants, is a veterinarian. • Typically, the animals are referred to the applicants from Evelyn's Wildlife Refuge or the SPCA. • Typically, the animals will be kept initially in a shed in the rear yard and then moved to an outdoor structure. There are two outdoor structures in the backyard, both of which are out of view from the street. The cages are screened from the adjacent horse farm by a post and rail fence,trees and shrubs. • The existing shed appears to be located within the 15-foot side yard setback for structures. The applicant is seeking a deviation to the setback for the shed by City Council per Zoning Ordinance Section 221 (i). 4116Y' 8111111 --201 AG'-2 INIP S4t.�ti ^ giar R.--.0 401. �csR-2o Zoning History # Request / / 1 SVR Approved 01/09/1996 2 SVR(3 dwellings)Approved 09/09/1994 AG-1 AG 2 R-20 AG-1 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being in the Rural Area. The Rural Area is located in the southern half of Virginia Beach, south of Indian River and Sandbridge Roads. It is characterized as low, flat land with wide floodplains and altered drainage with a presence of agricultural and rural related activities including traditional and specialty crop cultivation, tree farms, equestrian facilities, wetland banks, fish farms and other similar uses. An important objective of the Plan for the Rural Area is to protect and sustain all of our valuable environmental, scenic and agricultural resources in the Rural Area against inappropriate activities and intense growth pressures. (p. 1-120) Wayne & Kimberly Johnson Agenda Item 4 Page 2 Natural and Cultural Resources Impacts The site is located in the Southern Rivers watershed, and is adjacent to the North Landing River. Some of the site is located in the 100-year floodplain; however, no new structures are proposed in the floodplain. There do not appear to be any significant cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Clifton Road a No Data Available Existing Land Use 2 10 ADT1 Proposed Land Use - 10 ADT Average Daily Trips 2 as defined by single-family 3 as defined by single-family dwelling dwelling and animal rehabilitation center Public Utility Impacts Water The site is currently served by a private well. Sewer The site is currently served by a private septic system. Evaluation and Recommendation This Conditional Use Permit request for a Home-Based Wildlife Rehabilitation Facility is, in Staff's opinion, compatible with the neighborhood and consistent with similar wildlife rehabilitation requests within the Rural Area and the land use policies of the Comprehensive Plan. During a recent site visit, Staff found the property very organized and well kept. The existing shed, fence and vegetation provide sufficient screening from the street and for the adjacent horse farm to the west. The enclosures are not visible from the street. The existing 24-foot by 12-foot shed that will house animals initially appears to be located within the 15-foot side yard setback for structures over 150 square feet in size. The applicant is requesting that this deficiency be addressed through the provisions of Section 221 (i) of the Zoning Ordinance, which allows City Council to grant deviations from required setbacks if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." Staff concludes that a deviation in this requirement will not adversely impact the adjacent properties, particularly given that this structure is adjacent to a horse farm, and not another residence, and recommends approval of the deviation. For the reasons stated above, Staff recommends approval of this application, subject to the conditions below. Wayne & Kimberly Johnson Agenda Item 4 Page 3 Recommended Conditions 1. The applicant shall comply with all of the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home-Based Wildlife Rehabilitation Facility. 2. No animals shall be dropped-off between the hours of 10:00 p.m. and 7:00 a.m. 3. No animals shall be released at the subject site or within the neighborhood. 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. Wayne & Kimberly Johnson Agenda Item 4 Page 4 Site Layout 1888 oQ 4iv0 suRv 6 cn \ m cn \ 1"--- Z 31.97' N .- —v m 2 1 TORT FRA, # 19SI .i � M v NORTH L AMONG 3 1� -31''¢, RIVER —�, ca'II �`�� Pcsi 2, V r , c � HOUSE DE LO 1/100DEN PIER SCALE:I1 I (VU BULKHEAD ELLE IT NATER i - --- - - --- -- r !2" C&D/R —- -- '.LOT 16 47,1 e : 25'x 122P': 1222' - • FRAMSHED ;;, large enclosure 13.37' i (VU DECK 1 �, W, 55:I.:. LOT IS 22.s2, `;111111135514 111 _ c>Jsccf std 2 q' x 1 2 i AC PAO. Le 1230' x /230' WOOD SHED 2 51' — (el�1. •-...._ II cr unr rcr rivrcn al shed — requesting k; h R=23:00•. ° \I_:- 1333' deviation to setback ., 1.68'i , 0 11 F TON RO..D w\Q•`'� s�psi• "E R.5A00' �j, S sr 29"E Wayne & Kimberly Johnson Agenda Item 4 Pare 5 Zoning Ordinance Requirements for Home- Based Wildlife Rehabilitation Facility Sec. 242.3. -Home-based wildlife rehabilitation facility. Home-based wildlife rehabilitation facilities shall meet the following standards: (a) Each operator shall ensure that each animal is provided with: (1) Adequate food and water; (2) Adequate shelter that is clean and of the proper type and size for the particular type of animal and its age, size, species, and weight; (3) Adequate exercise; (4) Adequate lighting; and (5) Veterinary care as necessary to prevent suffering or disease transmission. (b) Each operator shall hold a valid category I or category II A or B wildlife rehabilitation permit from the Virginia Department of Game and Inland Fisheries, and a migratory bird wildlife rehabilitation permit issued by the United States Fish and Wildlife Service if the operator rehabilitates migratory birds. (c) Only species for which an operator holds current state and, if applicable, federal permits shall be kept in such a facility for more than twenty-four(24) hours. All animals not authorized to be kept pursuant to such permits shall be transported to an appropriate wildlife rehabilitation center or a permitted home-based wildlife rehabilitation facility within twenty-four(24) hours of receipt of such animal. (d) No operator shall keep a greater number of animals at any one time than those for which the operator maintains adequate caging as required by the applicable state or federal permit or permits held by the operator. (e) No animal shall be kept at any such facility for a period in excess of one hundred and eighty (180) days. (f) All animals shall be kept or maintained in such manner that a nuisance is not generated by insects, excessive odor, dust, noise, or other conditions deemed by the zoning administrator to be detrimental to the community health, safety and welfare. (g) Removal of dead animals shall be conducted in accordance with the provisions of section 5-14 of the Code of the City of Virginia Beach. The home-based rehabilitator shall be the owner of the wildlife they are rehabilitating for the purposes of City Code section 5-14. (h) Removal of all waste, including medical waste, shall be conducted daily in accordance with the provisions of section 31-7 of the Code of the City of Virginia Beach. (i)All structures, buildings, or cages used for the shelter of animals shall comply with the dimensional requirements of the zoning district in which the facility is located, provided that cages or other wildlife confinement areas shall not occupy more than a total of twenty (20) percent of the lot on which the facility is located. Structures in which animals are confined shall not exceed eight (8) feet in height. (j) There shall be no signs pertaining to the use on the property other than one (1) non-illuminated sign, not to exceed one (1) square foot in area, that may provide identification of the facility, notice to the public of any potential hazards related to the operation of the facility, and notice to the public of basic instructions for delivery of sick, injured, orphaned, or displaced wildlife. Wayne & Kimberly Johnson Agenda Item 4 Page 6 Site Photos Mme_ tii .. �;.� ,_'• aw. • i/ ,,• }, ~ 1 1 Y.. ' .... • P,� _1 ate• . INI " ...3► � ' .� waw - s' l. • a .. , . _:, ...... . . ..... ..,i, 4 •..: ,. ...,..,. ..y... ; 1.-4'. • 5.b..4111111,1 . _ V �,. a. ' -.'- , ....:-,„.4.0.„,. Wayne & Kimberly Johnson Agenda Item 4 Page 7 Disclosure Statement Virginia Beach APPLICANT'S NAME Wayne&Kimberly Johnson DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE rox aiv 151 ONIv!nll = da.o „ : 4•r - Page I of 7 O APPLICANT NOTIFIED OF HEAHINC DATE NO CHANCES AS or nAu z/ ,/i'] J S Jonathan Sanders ▪ RLVISIONS SUBMIT I ID Wayne& Kimberly Johnson Agenda Item 4 Page 8 Disclosure Statement Vin Virginia Beech I Check here if the APPI WANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_____ If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary r or affiliated business entity2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes[ and 2 4 ' SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner Is different from Analkant. I I Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Wayne & Kimberly Johnson Agenda Item 4 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) 1 "Parent-subsidhly 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." SeeState and Local Government Conflict of Interests Act,Va. Code§2.r3101. 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 5ubiect of the application or any business ooeratina 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 SEFERATELY Page 3 of 7 Wayne& Kimberly Johnson Agenda Item 4 Page 10 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(useadMtlohal sheets if needed) ® ❑ Accounting and/or preparer of Dixon Hughes Goodman your tax return • ® Architect/ Landscape Architect/ Land Planner ® Contract Purchaser(if other than the Applicant)- identify purchaser and purchasers service providers Any other pending or proposed ® ® purchaser of the subject property (identify purchaser(s)and purchasers service providers) ▪ ® Construction Contractors ® Engineers/Surveyors/Agents Miller-Stephenson 8 Associates,P.C. Financing (include current Dollar Bank,Old Point National Bank ® ❑ mortgage holders and lenders of Phoebus selected or being considered to provide financing for acquisition ''I or construction of the property) r' I I ® Legal Services Real Estate Brokers / [ 1 ® Agents/Realtors for current and I 1 anticipated future sales of the subject property 4 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development 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 Wayne& Kimberly Johnson Agenda Item 4 Page 11 Disclosure Statement Fr CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Appli ation. v`a -41/011"---- VIrnTOkAs l0/2V16 AP !CANT'S SIL TLRE PRINT NAME DATE Page S of Wayne&Kimberly Johnson Agenda Item 4 Page 12 Item#4 Wayne& Kimberly Johnson Conditional Use Permit 1951 Clifton Road District 7 Princess Anne January 11, 2017 CONSENT An application of Wayne& Kimberly Johnson for a Conditional Use Permit(Home-Based Wildlife Rehabilitation Facility)on property located at 1951 Clifton Road, District 7, Princess Anne. GPIN: 2307- 88-2704-0000. CONDITIONS 1. The applicant shall comply with all of the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home-Based Wildlife Rehabilitation Facility. 2. No animals shall be dropped-off between the hours of 10:00 p.m.and 7:00 a.m. 3. No animals shall be released at the subject site or within the neighborhood. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item 4. AYE9 NAYO ABSO ABSENT 2 HODGSON ABSENT HORSLEY AYE INMAN ABSENT KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 9-0,the Commission approved item 4 for consent. The applicant Kimberly Johnson appeared before the Commission. Aireirmin ."-- E6 N ell , iiii : ,P-;*•\, , I i ---'--L—'-: ----____ 0 \ - i \ 1/4. -...1 \ \ Po °ti4. .... , , 21---,---r--4.:------„\\:_____----- r----7\1---/ t/ r\ \ . -,-,/ C•1 ' j i / \ 6 ' \--,,i . iii\ -: ----)N ' \ Li \I t, "th • gfr - \\x‘ \ It , 0 ,‘ ‘ 7 ' \ j•li IN / I / rit-- sit ---''---------j, : in \ ' *N \ \ ', N 1 \\ \ • \ \ t.. ‘ \ , \ fiZ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HAC PROPERTIES II, LLC [Applicant & Property Owner] Conditional Use Permit(Assembly Use) 2041 & 2033 Indian River Road (GPINs 2403926067; 2403927269). COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: February 21, 2017 • Background: The applicant is requesting a Conditional Use Permit for an Assembly Use to host weddings and similar events on the property. Several events have been held on the property, as the applicant was unaware of the need for the Conditional Use Permit until recently. There is an equestrian facility on the property that will remain in operation. The proposed events will be limited to 150 guests. The horse barn will be available for use by the clients and food trucks may be used as a catering option. • Considerations: The applicant has worked with Staff in an effort to provide a plan that respects the surrounding area and to ensure that proper safeguards are in place related to the public's welfare and proper licensing. The site has ample room for events and can adequately accommodate needed parking in the large outdoor riding ring. According to Traffic Engineer Staff, the requested use is not expected to negatively impact traffic movements along Indian River Road. Recently, Staff developed a process to ensure that all appropriate City agencies are actively involved with the safe operation of facilities such as this. The applicant is aware of this process and the components of the procedures are reiterated in the recommended conditions. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request with the conditions below. 1. Events, vehicle parking, and food trucks shall be located as depicted on the submitted site layout which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. HAC Properties Il, LLC Page 2 of 3 2. There shall be no more than 20 Assembly Use events per year. The hours of said events shall be limited to between 9:00 a.m. and 11:00 p.m., and shall be limited to 150 guests, or as otherwise determined by the Fire Marshall. 3. Food trucks shall be permitted to operate as a catering service and permitted to serve attending guests while events are occurring on the property. No food trucks shall be permitted to serve the general public. 4. No outdoor amplified music shall be permitted after 10:00 p.m. 5. All parking for the Assembly Use shall be on the property. 6. The traffic control plan and parking management during events shall be as detailed in the "Evaluation and Recommendation" section of this report. There shall be parking attendants provided at each wedding or similar event to manage traffic and parking. Parking attendants will not be allowed to direct traffic within the rights-of- way unless they have received proper training and certification that qualifies for monitoring of traffic within the rights-of-way. 7. Handicap spaces shall be provided adjacent to the event area in accordance with all ADA requirements. 8. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall be not be allowed to accumulate. 9. Any outdoor storage of materials associated with the Assembly Use shall be prohibited. 10.The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach prior to operation. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the indoor riding ring and any other buildings in conjunction with Assembly Use events, including the issuance of a temporary Certificate of Occupancy as deemed appropriate by the Building Official's Office. 11.Subject to Section 221 (k) of the Zoning Ordinance, an annual review based on the date of City Council approval shall be performed by the Planning Director of the Assembly Use Conditional Use Permit. This use may be allowed to remain on the site subject to a determination by the Planning Director that the presence of the use is not detrimental to the public health, safety, and welfare. Furthermore, this use, as conditioned herein, shall not cause public inconvenience, annoyance, disturbance, or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise, traffic, or overflow parking. HAC Properties II, LLC Page 3 of 3 12.Prior to each event, the applicant shall notify the Police Department, the Fire Prevention Bureau, the Health Department and Emergency Medical Services of the event's time, size and scope of activities. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department /,-, ,�� City Manage A SQ Applicant & Property Owner HAC Properties II, LLC Agenda Item Public Hearing January 11, 2017 City Council Election District Princess Anne 5 City of Virginia Beach Request Conditional Use Permit (Assembly Use) Staff Recommendation ta.af' - Approval j Staff Planner Robert Davis r,,"""j ss-Io dB ons Location 2041 & 2033 Indian River Road GPIN V 2403926067; 2403927269 Mudd Y""`Road Site Size 6.82 acres AICUZ 65-70 dB DNL Existing Land Use and Zoning District Equestrian facility/AG-2 Agricultural414 W rte. .! Surrounding Land Uses and Zoning Districts ;\ u North Indian River Road Equestrian facility,cultivated fields/AG-2 t - yt , • Agricultural 410. South >l 1, Princess Anne Road Retail/AG-2 Agricultural, B-2 Community Business } East •, Single-family dwellings, retail, restaurant/AG-2 Agricultural, B-2 Community Business West i #.• . Single-family dwellings, Police Mounted Patrol facility/AG-2 Agricultural HAC Properties II, LLC Agenda Item 5 Page 1 Background and Summary of Proposal • The subject property serves as an equestrian facility and contains an outdoor riding ring, a horse barn, an indoor riding ring, a large pasture and a small storage shed. The outdoor riding ring is approximately 30,000 square feet and the indoor riding ring is approximately 5,400 square feet. • Access to the site is via an existing unimproved gravel driveway along Indian River Road. • The applicant is requesting a Conditional Use Permit for an Assembly Use to permit weddings and similar events on the property. Several events have been held on the property, as the applicant was unaware of the need for the Conditional Use Permit until recently. • The applicant has indicated these events will be limited to 150 guests with typical hours of operation between 9:00 a.m.to 11:00 p.m. No outside storage of materials prior to,or after the event is proposed. The proposed events will be held in the indoor riding ring and in the area in front of the indoor riding ring. The horse barn will be available for use by the clients. Food trucks may be used as a catering option. • For Assembly Uses, Section 203 of the Zoning Ordinance requires one parking space per 100 square feet of floor area of the building,which results in a requirement of 54 spaces for the proposed use. • Parking is proposed in the outdoor riding ring that, according to the applicant, can accommodate adequate up to 60 vehicles when arranged in three rows of 20 vehicles each. • The applicant will pursue a waiver to the requirement that the parking area be constructed with an "all weather surface." This waiver will be addressed during detailed site plan review, should this request be approved. Br AG.2 Zoning History B-2 # Request 1 1 CUP(Assembly Use,Open-Air Market)Approved 10/18/2016 `° 8a 2 MOD(Proffers)Approved 07/10/2007 B-2' CUP(Sale of Low Speed Vehicles)Approved 07/10/2007 �j��%: CRZ(AG-2 to Conditional B-2)Approved 06/22/2004 4 /,� 3 CUP(Art Gallery)Approved 10/14/2003 4 CUP(Single-Family Dwelling and Boarding of Horses) Approved 07/07/1992 AG-1 2B_2 5 CRZ(AG-2 to Conditional B-2)Approved 12/19/1988 B-2• B-t AG-2 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance HAC Properties II, LLC Agenda Item 5 Page 2 Comprehensive Plan Recommendations The subject property is located within the Rural Area and, more specifically,the Pungo Rural Village,the most recognizable gateway to the southern Rural Area of Virginia Beach. The subject property is also located along a section of Indian River Road that is included on the Map of Scenic Roads in Virginia and has been identified by the Commonwealth as part of the Green Sea Byway which adds to its significance as a gateway.The Rural Area has a valued presence of existing agricultural and other rural-based economic activities. For these reasons,the City's Rural Area Preservation Plan serves to identify appropriate,fair and equitable planning policies that strengthen the rural lifestyle without diminishing the rural setting in the process. Pungo's character is defined by the presence of small retail businesses, an equestrian center, privately-owned land and residences,the City's mounted patrol facility, and conservation areas. (p. 1-122, 1-128, 1-134, 1-135) Natural and Cultural Resources Impacts The site is located within the Southern Rivers watershed.There do not appear to be any significant environmental or cultural features on the site. Public Utility Impacts Water &Sewer City water and sanitary sewer is not available. The site is currently served by a Health Department approved private well and private septic system. Evaluation and Recommendation In Staff's opinion, the proposed request for a Conditional Use Permit for an Assembly Use is consistent with the City's Rural Preservation Plan and the recommendations for the Pungo Rural Village found in the Comprehensive Plan. The request is compatible with the area's primarily rural commercial, residential, and agricultural related activities. The applicant has worked with Staff in an effort to provide a plan that respects the surrounding area and attempts to ensure proper safeguards that so that events will operate smoothly.The site has ample room for events and can adequately accommodate needed parking in the large outdoor riding ring. The applicant's parking management plan includes the use of parking attendants to manage traffic for each event. According to Traffic Engineer Staff, the requested use is not expected to negatively impact traffic movements along Indian River Road. Recently, Staff developed a process to ensure that all appropriate City agencies are actively involved with the safe operation of facilities such as this. The applicant is aware of this process and the components of the procedures are reiterated in the recommended conditions below. For the reasons stated above, hosting weddings and other similar gatherings on the property is not anticipated to have adverse effects to the surrounding uses;therefore, Staff recommends approval of this application, subject to the conditions below. HAC Properties II, LLC Agenda Item 5 Page 3 Recommended Conditions 1. Events,vehicle parking, and food trucks shall be located as depicted on the submitted site layout which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. There shall be no more than 20 Assembly Use events per year. The hours of said events shall be limited to between 9:00 a.m. and 11:00 p.m., and shall be limited to 150 guests,or as otherwise determined by the Fire Marshall. 3. Food trucks shall be permitted to operate as a catering service and permitted to serve attending guests while events are occurring on the property. No food trucks shall be permitted to serve the general public. 4. No outdoor amplified music shall be permitted after 10:00 p.m. 5. All parking for the Assembly Use shall be on the property. 6. The traffic control plan and parking management during events shall be as detailed in the "Evaluation and Recommendation" section of this report. There shall be parking attendants provided at each wedding or similar event to manage traffic and parking. Parking attendants will not be allowed to direct traffic within the rights-of- way unless they have received proper training and certification that qualifies for monitoring of traffic within the rights-of-way. 7. Handicap spaces shall be provided adjacent to the event area in accordance with all ADA requirements. 8. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall be not be allowed to accumulate. 9. Any outdoor storage of materials associated with the Assembly Use shall be prohibited. 10. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach prior to operation. Prior to operation,the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the indoor riding ring and any other buildings in conjunction with Assembly Use events, including the issuance of a temporary Certificate of Occupancy as deemed appropriate by the Building Official's Office. 11. Subject to Section 221 (k) of the Zoning Ordinance, an annual review based on the date of City Council approval shall be performed by the Planning Director of the Assembly Use Conditional Use Permit.This use may be allowed to remain on the site subject to a determination by the Planning Director that the presence of the use is not detrimental to the public health, safety, and welfare. Furthermore, this use, as conditioned herein,shall not cause public inconvenience, annoyance, disturbance, or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise,traffic, or overflow parking. 12. Prior to each event,the applicant shall notify the Police Department, the Fire Prevention Bureau,the Health Department and Emergency Medical Services of the event's time,size and scope of activities. 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 HAC Properties II, LLC Agenda Item 5 Page 4 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. HAC Properties II, LLC Agenda Item 5 Page 5 Proposed Site Layout ii i O C CU fl Cg 1 *41kiht C Lt) I et CC o an f a {.. c OA -o - , et i • o CCct r CL to — 'a a : � %� C cu +v-+ o > U L.L. _- I{ 0 J'1 i k-: .vim., - Q. �, 44i :-..A..1 .,-• --; -."- •k:G.,„.-.., 12.0 A i Y•11.i l,' I. LLJ - , .///./,/,'`/ �. Y • Z __ /*N. �.• 1 . t ' . \ _ . HAC Properties II, LLC Agenda Item 5 Page 6 Site Photos S .... I - S . . .. .. ,,, • Wit • ' ' ' /7' .-- - - . k.,. . . _ -.- kg., - s'•- ra1"414i* _ .....: -,„. , ....,,,,.....„.... . ..,.. , Akt,. y , . ..... „. .,. „...... , . y•. . ., , ,- .• oi 'f' -', • 14't ..--- 74" ' .,-... • :•;•4.,--- : , ir . .1' •Sr'',..r.' e 0 I. •• - • ..,' •' • '-' ,,- • *....S.!. 4 %Si: 4%• , • '-' -4- • *;'e•-t.t* ' '* 1:)'Ai '(..,,,r` ''...- I.• A - enk , , )07,/,r .1. „, _ . .4...5".: ....0,,,,,./..,...,..!AL J.., • -r• ; .. , ...- 1 o 0 ' ),,,,es. , •'t . . • ... •. 1 o ., .,,.` .1W. I ., ..• \•• . .0 0''-s ...' ,,,, , • - ani... . . I.. ' . .. ., . •1 . ., . . • -,..r---.I.I-4-4 4.4-4 i , i .. - -. . - • ' ••.? • '.. . - 4%;..I.4.....•.„ . .1. 4 • .: -• ,.., '-'a-,' ', , ,•'.1 l• 4 ,'• - %.,.,,,_ . , V -. •, - -,,,.., , 40-,--......- ,. ._-----'- t--,,_ • -,-- Ai. _-=7,,,, ,,,' -• 0 ,....... -••„-- .. , • _.-,...-__ ....-......• ....., .• ___ 1,,..f,, IN 1 _.„,__ _ ••._---.... . •,,,--... -, . - .- .......„ , -• ., i -;..• ---4„. (ii.)... ,...z...:. 1 0.--- ... • 1 ••••1: - ', ...,e- „,. -• .4- , -.. Itr• .- $10;117i;;''''.is ;- l-....-- t lit ...,.2.'",,,''''..1 ..k...-:...1.,_ . • , 4 .--' '-',.'411,, '11111 '' - -.'.110.z. 11ri 1.00:4' i. 0llki44(''..'-'\,To.•... 1.•,.•-r,.' .. , "..hi47... [ ‘,......• , , I., s• iA- . ......, ..• -....-........ - . .. .4: r 41'4 . • • • .. % , , 0, ,4 \; 1• 1 i , , 1 • ' .1 IMIXt . • .41,,, 4 .,:,.., 0 • , • 9 L • .. /1/ /' /."'l " '• ''' •• .411 'ON, , ;:o, • 4.1,-71 .... 4..... ... HAC Properties II, LLC Agenda Item 5 Page 7 Site Photos 1 ti- ,. l''..• • 'y '' • ' --.1\,,,,-- . i 1412114 - ,....1/•;-.:- .-. .. ..,.1 ---- viloic.; .. ' ',. -... , - • -, -. . il ii , ' ! i _ —---". .....Al •• °A` ,--• • :*411 11"--41th 4.-...aai - -- - :. ..--'-- — - ------- -. --. - 'al.- :2 ' ..Y.,k ..__ , ,_.•- r, -40,--z-t.-::•-•:--- '-i- -.•,,, - ,_-_,,,•._. - . :‘ .;•.:4,„.,......;?...?;,...5 i ...„ . , . ..,»..;- I 4 e '..?'•'.17*; , ..: ,..-- ., , .:.C.::: - . -1 "1. . • .,- 1 . 1 - - 7----: ,,, • ' 4 44i(- - , • • ;.A ',;.:,,.. -.,- •;0",,,- . xt • . P.a. ^.. '-'40, P.'41110":":-..; 111I:f..I.. ..; . . , ,• '\ ''', . '''....; .., V^.... 4.14)Aer ' , • - 1.• A .. , .., .. ...-,• 51... p _ ... .,. •• . .0 . - .,: AtIrr-......:::;.4.0. . . ,.. T....4.1, . $,- • t. ,.. ,. ...., f" ; -'. ' • • .-4, -- - . .4. v;‘,4••.1: •'1.:;..; -.. . .1 ! i 44114 . ' millii MI Ono . . - • .4 I I.a i a di il • . . ______ , --.....,..:,...... ... ....._... _. - ., • ..„,,,.., 7- ..,...„ - - ‘• .L... -,..;: ‘....ti .--. .• f- . - -. ---. -s -, -. . HAC Properties II, LLC Agenda Item 5 Page 8 Disclosure Statement Virginia Bead! APPLICANT'S NAME .,w prop.rtipsSl 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 Bo onditional 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 HOP CITY UST ONLY/All dsrloso.a Min'e r undmte wo lfl•wrk priorPage I of 7 P.inn oyC,_m,aIul_u CityCount!,meerrw that eella!m to ill(a I!tn .) I — APP,!CANT NOlIFlEO OI I:EARINC, DAT! �f ta NO UTANCI as or _ OAI F. y/O /�/ac, Robert Davis 4l V'S ONS SAM RED DA l! _. HAC Properties II,LLC Agenda Item 5 Page 9 Disclosure Statement 1 t7rgiola Bath IJ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 0 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:HAC Proeertiea LLC If an LLC, list all member's names: _Recbect_A.Sy1Qemzes_and_Ca29J.V'L s_cu}DSPEUF If a CORPORATION, Ilst 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' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only If property owner is different from Applicant. (g Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business,or other unincorporated organization. 0 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:__WW_EIW2ERLIE$._LLC_ If an LLC, list the member's HERBERT A. & CAROLYN A. CIILPEPPER names: Page 2 of 7 HAC Properties II, LLC Agenda Item 5 Page 10 Disclosure Statement Virginia Bald 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) 'Parent-subsidiary relationship means relationship that exists when one corporation directly or n Indlrectry p 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 Oh) there is shared management or control between the business entitles Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a dose working relationship between the entities' See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101. • , SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 HAC Properties II, LLC Agenda Item 5 Page 11 Disclosure Statement APPLICANT HIYES NO SERVICE PROVIDER ueadd4tID ysheersJr needed) O ri I Accounting and/or preparer of your tax return O Z. Architect/Landscape Architect/ L Land Planner Contract Purchaser(if other than 111 the Aoofonq-identify purchaser and purchaser's service providers Any other pending or proposed 111 n purchaser of the subject property (Identify purchaser(s)and ppurchaser's service providers) z Construction Contractors Engineers/Surveyors/Agents Fax Land larwtYre9 Rower-% r, . A.c..riabc LTD financing(include current Katberyne H Mote Revocable Trust ® [j mortgage holders and lenders CI selected or being considered to provide financing for acquisition or construction of the property) O ® Legal Services Real Estate Brokers / n ® Agents/Realtors for current and anticipated future sales of the subject property _. _ a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ N an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 . HAC Properties II, LLC Agenda Item 5 Page 12 Disclosure Statement Virginia Beach SFRTIFICATION: 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.pic /� l aa": ( adet 'allow/A, /1-4770 6eL_iUM'S SIGNATURE !( INT NAME DATE Page 5 of 7 HAC Properties II,LLC Agenda Item 5 Page 13 Item#5 HAC Properties II, L.L.C. Conditional Use Permit 2041& 2033 Indian River Road District 7 Princess Anne January 11, 2017 CONSENT An application of HAC Properties II, L.L.C.for a Conditional Use Permit (Assembly Use)on property located at 2014&2033 Indian River Road, District 7, Princess Anne. GPIN: 2403-92-6067-0000;2403- 92-7269-0000. CONDITIONS 1. Events,vehicle parking,and food trucks shall be located as depicted on the submitted site layout which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. There shall be no more than 20 Assembly Use events per year. The hours of said events shall be limited to between 9:00 a.m. and 11:00 p.m.,and shall be limited to 150 guests,or as otherwise determined by the Fire Marshall. 3. Food trucks shall be permitted to operate as a catering service and permitted to serve attending guests while events are occurring on the property. No food trucks shall be permitted to serve the general public. 4. No outdoor amplified music shall be permitted after 10:00 p.m. 5. All parking for the Assembly Use shall be on the property. 6. The traffic control plan and parking management during events shall be as detailed in the "Evaluation and Recommendation"section of this report.There shall be parking attendants provided at each wedding or similar event to manage traffic and parking. Parking attendants will not be allowed to direct traffic within the rights-of-way unless they have received proper training and certification that qualifies for monitoring of traffic within the rights-of-way. 7. Handicap spaces shall be provided adjacent to the event area in accordance with all ADA requirements. 8. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall be not be allowed to accumulate. 9. Any outdoor storage of materials associated with the Assembly Use shall be prohibited. Item#5 HAC Properties II,L.L.C. Page 2 10. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach prior to operation. Prior to operation,the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the indoor riding ring and any other buildings in conjunction with Assembly Use events, including the issuance of a temporary Certificate of Occupancy as deemed appropriate by the Building Official's Office. 11. Subject to Section 221(k)of the Zoning Ordinance,an annual review based on the date of City Council approval shall be performed by the Planning Director of the Assembly Use Conditional Use Permit.This use may be allowed to remain on the site subject to a determination by the Planning Director that the presence of the use is not detrimental to the public health,safety, and welfare. Furthermore,this use, as conditioned herein,shall not cause public inconvenience,annoyance, disturbance,or be incompatible with other uses in the vicinity or otherwise interfere with the reasonable use and enjoyment of neighboring properties by reason of excessive noise,traffic,or overflow parking. 12. Prior to each event,the applicant shall notify the Police Department,the Fire Prevention Bureau,the Health Department and Emergency Medical Services of the event's time,size and scope of activities. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item 5. AYE 9 NAY O ABS O ABSENT 2 HODGSON ABSENT HORSLEY AYE INMAN ABSENT KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 9-0,the Commission approved item 5 for consent. The applicant Herb Culpepper appeared before the Commission. ti `�, _ 11 +,r orf . (.: • 111191 .1. '• - • Jl� • tiJ/ i. ' -.."---'-1-„...:111 4.-------1---., . . --•,..._,,,,.....„(j , .„Ir-- CO f -7 } f f � r /'-----...4 . I/ `,-,_‘. , . et,‘'-..-_.,:),1,,.., ----„,,,„v . 1 Q) i � 1 f f Air // r .: - ( 1•~ f � 1 % rr. f. 47 <ADr r,. k.' ,r f r � ,5 ,�; is f IreLJNj fq••/".h.! !` offer fti /r `r; fCsi /7 iNN ,,.;//„ ,, .,6 %7/. ' CO / .,.%,f \\, • th / N.,jcii I` ! I I I I i - r _- i I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FUSION CYCLES, INC., DBA FUSION CYCLES [Applicant] MSF HOLDING, LLC [Property Owner] Conditional Use Permit (Small Engine Repair) 6353 Indian River Road (GPIN 1456245668). COUNCIL DISTRICT— CENTERVILLE MEETING DATE: February 21, 2017 • Background: The applicant is requesting a Conditional Use Permit for Small Engine Repair. The applicant is a motorcycle/moped dealer that assembles and repairs new and used motorcycles and mopeds. According to the application, the vast majority of the work will be related to moped repair. • Considerations: The site is located at the edge of a commercial section of Indian River Road. The engine repair operation will be located within a single-story structure that is occupied by two motorcycle dealerships.According to the application, all repair of motorcycles and mopeds will occur inside the existing building, thereby reducing the potential for noise commonly associated with such activity. In Staff's view, the existing vegetation and fencing along the eastern property line will provide sufficient screening of this use from the adjacent neighborhood. Despite this, opposition was present at the public hearing. There is an existing dwelling located approximately 175 feet from the property line. The owners of the home described to the Planning Commission their concerns related to noise and screening, and suggested that a white, vinyl fence to installed along their property line. Planning Commission is not recommending that such a fence be installation. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0, subject to the conditions below. 1. The hours of operation shall be limited to 9:00 a.m. -7:00 p.m. Monday thru Friday, 10:00 a.m. - 4:00 p.m. on Saturday and closed on Sundays. Fusion Cycles, Inc. Page 2 of 2 ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep. men ' :ency: Planning Department tria City Manager:�i Applicant Fusion Cycles, Inc., dba Fusion Cycles Agenda Item Property Owner MSF Holding, LLC Public Hearing January 11, 2017 7 City Council Election District Centerville Virginia Beach Request Conditional Use Permit (Small Engine „,�,,°A„°� Repair) �h"R s ' i 1, Staff Recommendation ,„,,, la ^ ,00,,R..4 Approval Roa° 4,„,„..„,,, 'a'(an� ; Staff Planner '"°...a..,,,,. ,t '"°..a q Rn„o 0 �. Robert Davis . 2 < I iiillp `�/o = Ni ° f L...." 4 F° I V Location s s 6353 Indian River Road o tO,.,anda Fwd __-.O,kn co„r I GPIN 1456245668 '"P..�,R t Knob WI0^vt 4 Site Size p���a �IXn<<a..a"` 30,023 square feet AICUZ Less than 65 dB DNL Existing Land Use and Zoning District Retail/B-2 Community Business • Surrounding Land Uses and Zoning Districts • ''` " ;\ . ` :_., North Indian River Road - _ Single-family dwellings/ R-10 Residential 4 South .. Wooded area/ B-2 Community Business t. sa East ” Single-family dwellings/ R-10 Residential ��•* West Retail/B-2 Community Business ',.., i I t • t '}, Fusion Cycles, Inc.,dba Fusion Cycles Agenda Item 7 Page 1 Background and Summary of Proposal • The subject site is currently developed with a single-story structure that is occupied by two motorcycle dealerships. • The applicant is requesting a Conditional Use Permit to allow Small Engine Repair. The applicant is a motorcycle/moped dealer that assembles and repairs new and used mopeds and motorcycles. According to the application, 90%of the work will be related to moped repair. • The proposed hours of operation are 9:00 a.m. to 7:00 p.m., Monday thru Friday,and 10:00 a.m.to 4:00 p.m. on Saturday, and closed on Sundays. 41*.. 44 k(.,,_ R-,40'-'----/•$"/ t/ oaq / No Zoning History to Report -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 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 neighborhoods 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 site is located within the Chesapeake Bay watershed. There do not appear to be any significant natural or cultural resources associated with the site. Fusion Cycles, Inc.,dba Fusion Cycles Agenda Item 7 Page 2 Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation The Conditional Use Permit request for Small Engine Repair is located within an existing building at the edge of a commercial section of Indian River Road.The proposed use to repair motorcycles and mopeds will occur inside the existing structure,thereby reducing the potential for noise commonly associated with such activity.The existing vegetation and fencing along the eastern property line will provide sufficient screening of this use from the adjacent neighborhood. In Staffs opinion, there will be no adverse impacts on the surrounding properties as a result of this request. For the reasons stated above, Staff recommends approval of this application, subject to the conditions below. Recommended Conditions 1. The hours of operation shall be limited to 9:00 a.m. - 7:00 p.m. Monday thru Friday, 10:00 a.m. -4:00 p.m. on Saturday and closed on Sundays. 2. All storage of parts and repair work shall be conducted within the building. No outside repair or storage of parts, tools, or fuel 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. Fusion Cycles, Inc., dba Fusion Cycles Agenda Item 7 Page 3 Existing Site Layout I 1 r N lip ti 4 ,. ,, o 4 4. r, D ` '-4-VT.---_-1 3 7. . )••••• .4:f* , . $4, ‘Pi 1 , , l V? C.yam f. 4401 � t• ♦` . \.• �, +L• 411 s . �, 0 salialt �' 44: f ..4 - Aelli. . 11 , "lb - ' i.' ' t iv „,-p-. •• iri.-...,... , , . • . , . i ., ........,. , 4%. .S Fusion Cycles, Inc., dba Fusion Cycles Agenda Item 7 Page 4 Site Photos s . ,.Y • . _Y.. • .t. 4 „ i YAMA1a 111 I map! S.: K I 4 I • • Fusion Cycles, Inc.,dba Fusion Cycles Agenda Item 7 Page 5 Disclosure Statement Virginia Beach APPLICANT'S NAME (tis /°C CyCIp5 ._ `rl 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 Lease of City Properly Subdivision Variance C( `Conditional Use Per 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. e SECTION 1 / APPLICANT DISCLOSURE -. c sCr LV/ Pagel of C PPPL ".. 4ol r f6c ?Rid I, J L ® no canoe_ a./e1/301 Robert Davis Fusion Cycles, Inc.,dba Fusion Cycles Agenda Item 7 Page 6 • Disclosure Statement • mfr -� Check here if the APPLICANT IS NOT a corporation, partnership, -firm, business,or other unincorporated organization. RI Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Fusion Cycles Inc. 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) Scott Phillip Troiani Cynthia Diane Troiani (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) N/a See next page for information pertaining to footnotest and 2 • a SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 onlyi _ropenr owner is different from Applicant. Check here If the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. El Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization,AND THEN complete the following. AA^^ � /1 (A) List the Property Owners name: I" E FI° �6A n / (.1(. If an LLC, list the member's names: Lei N fr-etecrMAi✓ DA&ri{ 2 , Fla-1-erMEW) gine- IF:ChxS+n- Page 2 of 7 Fusion Cycles, Inc.,dba Fusion Cycles Agenda Item 7 Page 7 Disclosure Statement a > " —uerh 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) 'parent-subsldiary 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§22.3101. 2 'Affiliated business entity relationship' mans 'a relationship, other than parent-subsidiary relationship, that exists when p)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 awn 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 or Interests Act, Va.Code§ 2.2.3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or env business oneratinn 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 Fusion Cycles, Inc.,dba Fusion Cycles Agenda Item 7 Page 8 Disclosure Statement APPLICANT I YESJ NOJ SERVICE PROVIDER(wdeaenal glints if aarde4) IYI ❑ Accounting and/or preparer of Anthony Smith C P.A. W your tax return ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than n /2 the Aoolicant)-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) E ® 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) • 11 Legal Services Real Estate Brokers/ Agents/Realtors for current and anticipated future sales of the subject property e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development 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 Fusion Cycles, Inc.,dba Fusion Cycles Agenda Item 7 Page 9 Disclosure Statement SFRTIFICATION: 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 far 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. 7 Scott P Troiani 1026/201f APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Fusion Cycles, Inc.,dba Fusion Cycles Agenda Item 7 Page 10 Disclosure Statement • PROVIDER',, sNwicE Aecoundnp an4'or pnn par of ra �F �d your tatnw; UU I—L Anhk«t/Wl4ww Arthkect/ Vb- and planner Contract Puninser(If other drag thILAPAGanD Ihkentry purchaser and purchasen woke providers Ary other pca*9 or proposed UI� X purchaser oft sI&ect pnpeny LJ' IklemNy pun Ns)and wrchasers providers) Conctwnbnu rs/rs Enpi.nn/sujveyors/Apents PhulMng Osd9d.Current Imo. mo rt ape hold!..and lent., d.cledorhdlg eid to provideRoundly for for aceacgakhba or wn rplRbr?of the mognity) 4.F D Legal Services i Real Estate&slkers/ DI"Y Agents/Reahop for current and lX! anticipated fulsre sales of the sublect proner�y • • SECTION 4. KNOWN!INTEREST BY PUBLIC OYFICIAL OR EMPLOYEE YESNO Does an official Of employee of the City of Virginia Reach have �yy ID an Interest i the subject land or any propawd development I_p, contingent o the subject public action] If yes,what is the name of the official or employee and what is he nature of the interest? Pape d7 Fusion Cycles, Inc.,dba Fusion Cycles Agenda Item 7 Page 11 Disclosure Statement CERTIFICATION: I certifythat 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 heringl I am responsible for updating the Information provided herein two weeks prior to the Planning Comm anion, Conned, VEDA meeting, or meeting of any public body or committee In connection with this ApPilation. t4cr hpr Eli N. Flttexman 10/28/16 M0PRTY°VannY 5.1C NATURE r PRINT NAME DATE • Page 7 of 2 • Fusion Cycles, Inc.,dba Fusion Cycles Agenda Item 7 Page 12 Item#7 Fusion Cycles, Inc. d/b/a Fusion Cycles Conditional Use Permit 6353 Indian River Road District 1 Centerville January 11,2017 CONSENT An application of Fusion Cycles, Inc. d/b/a Fusion Cycles for a Conditional Use Permit(Small Engine Repair)on property located at 6353 Indian River Road, District 1,Centerville. GPIN: 1456-24-5668- 0000. CONDITIONS 1. The hours of operation will be 9:00 a.m.-7:00 p.m. Monday thru Friday, 10:00 a.m. -4:00 p.m. on Saturday and closed on Sundays. 2. All storage of parts and repair work shall be conducted within the building. No outside repair or storage of parts,tools,or fuel shall be permitted. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item 7. AYE NAY ABSO ABSENT 2 HODGSON ABSENT HORSLEY AYE INMAN ABSENT KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 9-0,the Commission approved item 7 for consent. Scott Troiani appeared before the Commission on behalf of the applicant. 5 ��_ �I. 0 _.`' 4111111lPil'r f. , 0 OC 0 OC -1.. C--fl,\ r) ri---11 4C 1 __ '-_ cr:--L.: k--' Ce (\ \10 . -------/0 11.,___r-FI-6 t_r-`-,I =lel ,�•; •; __IN ,, i - ,, cii. ,.... , ,tea •_. ,.. . , : } —� �.$yay \-3, \ , ,,, . in. 10, .. 0 ,.. \ , li,, rt --,•##.060011 ' 0 03 ' . 1 c.i \._.., .:;-3',,,., a 0 N s 1 " tomit 4, ~l II O Ill •—� III', •0LI 1 )• ''�' -J' .- -' - I 1 i._, cl) \.- 001104. ..1 \W -L__\ Vi \- We'l V'il . 'Cr I S.t 1-i r- '1 - 1 1--3 6 C:-\ ' N s , ,, CI 0S _ ., -----A \ $ i 4c \ \ i __ - - , ` 4I, `lam' a___---N\ I 1 '',, \illiirt-i r- C`r 0 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RHETT A. REBOLD FOR VIBRANT BREWING COMPANY [Applicant]WONG FOON YUEN & WONG BIK YOK [Property Owners] Conditional Use Permit (Craft Brewery & Open Air Market) 4401 Shore Drive (GPIN 1479778573). COUNCIL DISTRICT— BAYSIDE MEETING DATE: February 21, 2017 • Background: There is an existing 6,600 square foot building on the site that was previously a restaurant. The restaurant ceased operating following a fire on the property approximately five years ago, and the building has been vacant ever since. This is a request for a Conditional Use Permit in order to operate a Craft Brewery on the site. The proposal includes renovating the building to include manufacturing and storage space, a tasting room, an indoor event area and a retail area. An outdoor seating area is also proposed. As the applicant does not intend to prepare or serve food in conjunction with the brewery, a Conditional Use Permit for an Open-Air Market is requested to allow food trucks to operate on the site. The application states that no more than two food trucks will be on site at any one time. • Considerations: The proposed use is consistent with the historically commercial use of the property. No outdoor activities are planned behind the existing building, adjacent to existing residences. The submitted site layout depicts upgrades to the site, such as perimeter landscaping and landscape planters. The proposed elevation depicts renovations to the front façade of the building. The applicant presented the proposal to the Bayfront Advisory Commission, and their representatives have indicated that they are not opposed to this request. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. There was one speaker in opposition present at the public hearing. The speaker operates a restaurant across Shore Drive to the north, and voiced concern about potential noise from any food truck generator. To address this issue, the Planning Commission added Condition 18 that will require food trucks to use the electricity from the building, similar to how a recreational vehicle hooks up to electricity. Rhett A. Rebold Page 2 of 3 ■ Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0, as conditioned below. 1. With the exception of any modifications required by any of these conditions, the site shall be developed and maintained in conformance with the submitted site layout plan. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. With the exception of any modifications required by any of these conditions, the site shall be developed and maintained in conformance with the submitted site renderings. Said renderings have been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 3. A Landscape Plan shall be submitted that reflects the plant material listed in the Shore Drive Design Guidelines and placement depicted on the submitted landscape exhibit. Said plan shall be submitted for review and approval by the Development Services Center Landscape Architect. 4. Consistent with the Shore Drive Design Guidelines, the building facade shall be a neutral or earth tone color. No primary color shall be permitted. 5. The occupancy load for the Craft Brewery shall be established by the City of Virginia Beach Building Official's Office. 6. A Certificate of Occupancy shall be obtained prior to operation of the Craft Brewery. 7. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions with this Conditional Use Permit. 8. There shall be no sale or consumption of alcoholic beverages on the premises between midnight and 10:00 a.m. 9. Live music may be performed only inside the establishment and all doors and windows shall remain closed during such performances, except during the actual ingress and egress of patrons and employees. 10.The outdoor seating area shall not be enclosed by either a solid or chain-fink fence. Rhett A. Rebald Page 3 of 3 11.AII signage onsite shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. A separate sign permit from the Planning Department shall be required for the installation of any signage. 12.All minimum parking requirements and aisle widths as specified in Section 203 of the Zoning Ordinance shall be met at all times for any operating uses located on the subject site. 13.Food trucks shall be permitted only in the area depicted on the submitted site layout referenced in Condition 1 above. 14.Food trucks shall be prohibited to operate on the site between the hours of 10:00 p.m. and 8:00 a.m. 15.The operation of the food trucks shall not disturb the tranquility of residential areas or other areas in close proximity or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic,or overflow parking. 16.HRSD approval shall be obtained prior to any discharge of sewage. 17.No more than two food trucks shall be permitted to operate on the site at a given time. 18.All food trucks on the site, to the best of their ability, shall operate with RV-style hookups for electrical service, rather than use generators. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. ((���,// Submitting De. . - e I •ency: Planning Department 64644, City Manager: , Applicant Rhett A. Rebold for Vibrant Brewing Agenda Item Property Owner Wong Foon Yuen & Wong Bik Yok Public Hearing January 11, 2017 City Council Election District Bayside 1 0 Virginia Beach Requests -,4 / Conditional Use Permit (Craft Brewery& «od° Open-Air Market) 1 Staff Recommendation Q Approval OW' III Staff Planner 9,0,. Jimmy McNamara a„„,•c.'"` 5 ,51,6- Location ,.�•"" 4` x 4401 Shore Drive GPIN Nm••`o. t .../`. 1479778573 Site Size oelcottesa 35,937 square feet AICUZ Less than 65 dB DNL Existing Land Use and Zoning District Vacant restaurant building/ B-2 Community \. Business . r I Surrounding Land Uses and Zoning Districts311/AIt4i:k '� ' -. North s _ .> .. + Shore Drive - • ..- •�'h-- Antique store/ B-2 Community Business . ' •ts . . ..411hilli 4$4,144*V '. . 1 South Single-family dwellings/ R-10 Residential - ' r`; 0- ,. East ,l '°` _, .= s -.,.. Car wash/ B-2 Community Business " ,�� .,,` t West 1 1 1114. ... 11 Dental office, retail /B-2 Community Business , �, � 1. Mk F#� :IC Rhett A. Rebold for Vibrant Brewing Agenda Item 10 Page 1 Background and Summary of Proposal • The site is currently developed with a 6,600 square-foot building that was constructed in 1971. The building was previously used as a restaurant; however,the site has been vacant for the past five years due to a fire on the site. • The applicant proposes to renovate the property for a Craft Brewery. Approximately 2,900 square feet of the existing building will be dedicated to a tasting room. Also proposed is an outdoor seating area, indoor event space and a retail area. The remainder of the building will be used for manufacturing and storage.The applicant plans on operating a 10 barrel Deutsche Beverage manufacturing system which is a smaller system than some of the other breweries in the area that feature a 20 barrel system. • Typical hours of operation are proposed as 11:00 a.m. to 10:30 p.m., Monday through Thursday, 10:00 a.m.to 12:00 a.m. Friday and Saturday, and 12:00 p.m.to 10:00 p.m. on Sunday. It is anticipated that up to twelve employees will work on site. • A small stage within the tasting room will provide a location for live acoustic music. As per Section 230 of the Zoning Ordinance, live music will only be allowed inside the establishment when all the doors and windows are closed. • As the applicant does not intend on preparing food for sale on the site, a Conditional Use Permit for Open-Air Market is requested to allow food trucks to operate on the property. The applicant states that no more than two food trucks will be on site at any one time. • A covered patio area is depicted in the front of the building. The applicant intends on removing a wall and installing three rollup doors on a secondary wall to create an open-air area within the building for warm weather days. The site layout depicts food truck parking directly adjacent to this open-air area. • No outdoor seating or food truck activity is proposed in the rear of the site adjacent to the existing residential neighborhood. Additionally, an area of mature vegetation currently exists between the site and the neighborhood and provides a buffer and screening between the two uses. • The 41 parking spaces depicted on the site layout are sufficient, as the proposed use requires only 33 parking spaces per Section 203 of the Zoning Ordinance for restaurant and manufacturing uses. Rhett A. Rebold for Vibrant Brewing Agenda Item 10 Page 2 .6 2 RAO idoPD-H2(R-5D)' B•2 I 4.12 B-4•••••••• oil A ti1 f ' Zoning History ��%%/. # Request _. �= 1 CUP(Car Wash)Approved 11/12/2002 • _ �; f 2 MOD Approved 10/10/1996 I CRZ(B-2& R-7.5 to Conditional 0-1)Approved r' � ® • P-1 10/25/1994 R•id ` R-'I 0 \ 1 �'R-10 -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 in Suburban Focus Area 1—Shore Drive Corridor. The Shore Drive Corridor is an integral part of the Bayfront Community, extending from North Independence Boulevard to First Landing State Park. While primarily a residential community,the corridor shares the responsibility of being one of Virginia Beach's primary east-west connectors, creating unique and sometimes problematic challenges. The area is considered a resort neighborhood and not a resort destination. The Shore Drive Corridor is primarily a residential neighborhood area with commercial uses to support the residents. Planning policies that apply to this request include improving the land use compatibilities, avoiding over- commercialization, preserving and protecting the character of established neighborhoods and achieving the lowest reasonable density for future residential uses. (pp. 1-70& 1-71) Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay watershed. There do not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Shore Drive 35,360 ADT 17,300 ADT'(LOS°"C") Existing Land Use 2-454 ADT 31,700 ADT 1(LOS°"E") Proposed Land Use 3-40 ADT 1 1 Average Daily Trips 2as defined by 0.83 acres of Sas defined by 3,000 square feet of a °LOS=Level of Service B-2 zoned property drinking establishment and 3,000 square feet of manufacturing space Rhett A. Rebold for Vibrant Brewing Agenda Item 10 Page 3 Public Utility Impacts Water The site currently connects to City water service. Sewer The site is served by a private pump station discharging directly to the 20-inch HRSD force main along Shore Drive. HRSD approval is necessary to accept sewage proposed to discharge directly to HRSD facilities. Water and sanitary sewer service must be verified and improved if necessary,so that the proposed development will have adequate water pressure,fire protection, and sanitary sewer service. Evaluation and Recommendation This request for a Conditional Use Permit for a Craft Brewery to occupy this large, vacant building is, in Staff's view, an acceptable request. The site is located in the Shore Drive Corridor and the proposed use is consistent with the historically commercial use of the site. The existing mature vegetation at the rear of the site, in Staff's opinion, provides sufficient screening and protection for the existing adjacent neighborhood and no outdoor activities are planned in the rear of the site. The submitted site layout depicts improvements to the site through upgrades to perimeter landscaping, additional planters, and an upgrade to the front facade of the building. Also,the addition of an indoor/outdoor patio area will create an interesting atmosphere while still being respectful to the adjacent residential neighborhood due to its location at the front of the building away from any residential uses. The applicant has met with the Bayfront Advisory Commission, and their representatives have indicated that they are not opposed to this application. Based on the considerations above, Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. With the exception of any modifications required by any of these conditions,the site shall be developed and maintained in conformance with the submitted site layout plan. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. With the exception of any modifications required by any of these conditions,the site shall be developed and maintained in conformance with the submitted site renderings. Said renderings have been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 3. A Landscape Plan shall be submitted that reflects the plant material listed in the Shore Drive Design Guidelines and placement depicted on the submitted landscape exhibit. Said plan shall be submitted for review and approval by the Development Services Center Landscape Architect. 4. Consistent with the Shore Drive Design Guidelines, the building facade shall be a neutral or earth tone color. No primary color shall be permitted. 5. The occupancy load for the Craft Brewery shall be established by the City of Virginia Beach Building Official's Office. Rhett A. Rebold for Vibrant Brewing Agenda Item 10 Page 4 6. A Certificate of Occupancy shall be obtained prior to operation of the Craft Brewery. 7. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions with this Conditional Use Permit. 8. There shall be no sale or consumption of alcoholic beverages on the premises between midnight and 10:00 a.m. 9. Live music may be performed only inside the establishment and all doors and windows shall remain closed during such performances, except during the actual ingress and egress of patrons and employees. 10. The outdoor seating area shall not be enclosed by either a solid or chain-link fence. 11. All signage onsite shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. A separate sign permit from the Planning Department shall be required for the installation of any signage. 12. All minimum parking requirements and aisle widths as specified in Section 203 of the Zoning Ordinance shall be met at all times for any operating uses located on the subject site. 13. Food trucks shall be permitted only in the area depicted on the submitted site layout referenced in Condition 1 above. 14. Food trucks shall be prohibited to operate on the site between the hours of 10:00 p.m. and 8:00 a.m. 15. The operation of the food trucks shall not disturb the tranquility of residential areas or other areas in close proximity or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic, or overflow parking. 16. HRSD approval shall be obtained prior to any discharge of sewage. 17. No more than two food trucks shall be permitted to operate on the site at a given time. 18. All food trucks on the site, to the best of their ability, shall operate with RV-style hookups for electrical service, rather than use generators. 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. Rhett A. Rebold for Vibrant Brewing Agenda Item 10 Pa2e 5 Proposed Site Layout W k (072'+1 , e 99/ .90,00.60 s ° 't Of ZZ 114 H I 1 , ,. t CO /N!/PSA r 1- • J I _ _____ a: y .+ ry- - I-1 r _ - I. C3 I n I W n . ')N i:-- - 4 l� ° �q O Z — -- • W et O (;) u Z h _ 0k. O Qi `Z� h - _. Z c.i0 �cJ v O ' \ �~Z o .cu ., 1 _ cy�� �\ h f' ,cI n )...oca OUo CL L n cr - to T �-ll 4 • .,a .1 cc i a. t ;�� - ---- -- -- -— ,1'b? • IAàà.LLLLL (7'131.4),91'061 Al .00,Ogr.P.17 N z 1 (1 V7d1,L;•6 H1 41 ,cO,0S,p0 V Rhett A. Rebold for Vibrant Brewing Agenda Item 10 Page 6 Proposed Elevations i A a � 416 ♦ S Rhett A. Rebold for Vibrant Brewing Agenda Item 10 Page 7 Proposed Floor Plan 04 , D.. 4' O f1 I s 1 3 ,138885888 gI 1 --i ( , I ' e V �^` r b j p — p. 1 , v , I i ;\ 88888888888 + i lip 31 --------1 \ e1 ; r , , 3 I1 , 1; , ;{ I 1,,. ..„.,_\ , no :t.9 _ ? 11 i ____7p5855n5iiil 5t,, .4 2 i • , '. A. ' - r . ... .I2Q 111C] : : 1 :. ...,. C ; gIL . I I i 21 r 1 14 j+llia tI L- e IB i R. 1 II A' \.,. 1 . g , 4 °-> 11 i •, 1 • 1DI ili g" DI M .. .� . .� , ,,.. , Rhett A. Rebold for Vibrant Brewing Agenda Item 10 Page 8 Site Photos •`4 �S _.. - 1 . • 1 ` • N E r of _ Rhett A. Rebold for Vibrant Brewing Agenda Item 10 Page 9 Disclosure Statement Virginia Beach APPLICANT'S NAME Rhett A. Rebold for Vibrant Brewing Company 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 PropertT1 f Disposition of City [Modification of by City Property _ _Conditions or Proffers _ Alternative Economic Development I Nonconforming Use Compliance,Special Investment Program u 1 Changes Ezce•tion for (EDIP) _ Jl g I Board of Zoning Encroachment Request Rezoning Appeals Certificate ofFloodplain Variance Appropriateness iI Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay - - _— Preservation Area I Lease of City Property i Subdivision Variance ' Board 1 11 Conditional Use Permit ELicense 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 Vir• ginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY OSA ONLY/All dIsclOsures musl be pE d ono(2)wec Ks prior Any Page I of 7 FlannlnaCand(icy Council meeting_thar pertains to the p1 onlsl 'Th I APP CANT NOTIFIED OF HEARING OAT[ }}I VINOCHANCES PSOF L _DATER C)/ 7 //I/1 JimmyMCNamara II REVISIONS SU3MITTEO DATE �I Rhett A.Rebold for Vibrant Brewing Agenda Item 10 Page 10 Disclosure Statement Vagina peach ❑ Check here if the APPLICANT (S NOT a corporation, partnership, firm, business,or other unincorporated organization. (n, Check here if the APPLICANTS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name.Vibrant Brewing LLC If an LLC, list all member's names- Rhett Rebold, current sole member of Vibrant Brewing LLC, dba Vibrant Brewing Company. If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) N/A. (8) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) N/A. See next page for information pertaining to footnotes and 2 a SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 anlyjf provenv owner is different from Aoollcant. ® 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, ANAQ_MEM complete the following. (A) List the Property Owner's name. Yakon9 Wong If an LLC, list the member's names: Page 2 of Rhett A. Rebold for Vibrant Brewing Agenda Item 10 Page 11 Disclosure Statement NrglMa Beach If a Corporation, list the names ofall officers,directors, members,trustees, etc. below. (Attach list if necessary) N/A (8) List the businesses that have a parent-subsidiary I or affiliated business entity relationship with the Property Owner: (Attach list if necessary) N/A 1 :Parent-subsidiary relationship' means relationship that exists when one corporation directly o Indirectly owns shares possessing morethan 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 0 "AHlliated business entity relationship' means "a relationship, other than relationship parent-subsidiary relationship,thatexistswhen(I)one business entity has a controlling ownership interest Inthe tor business entity,r)a controlling owner in one entity also a controlling owner in the other entity,or ii) there is shared management or control between the business entities. Factorsthat shouldbe considered In determining the existence of an affiliated business trtly ship include that the same person or substantially the same person ownor manage the two entities;there are common or commingled fundsor assets.the business entitiesshare the use of thesame offices employees or otherwise share a b , resources or psol on regular basis: or there otherwise close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va,Code§ 2.2-3101, • a SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject.of the application or any heels eratiig 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 Rhett A. Rebold for Vibrant Brewing Agenda Item 10 Page 12 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE • PROVIDER mee additional sheets if needed) _ Accounting and/or preparer of your tax return ® ❑ Architect/Landscape Architect/ IssiORK PROGRAM ARCHITECTS Land Planner 'Norfolk.VA 23510 ® Contract Purchaser(if other than ❑ the Applicant)-identify purchaser and purchaser's service providers • Any other pending or proposed • ❑ N purchaser of the subject property (identify purchaser(s)and Ipurchaser's service providers) • Construction Contractors ISpacemakers.Inc.Norfolk.VA 23517 ▪ ® Engineers/Surveyors/Agents • Financing(Include current (Randall Behrens.Senior Loan Officer mortgage holders and lenders Live Oak Bank.Santa Rosa.CA selected or being considered[o '!95401 provide financing for acquisition i or construction of the property) ' • ® Legal Services Ryan C.Young.PLLC.Glen Allen,VA Real Estate Brokers/ Edward Wed"Williams Z ❑ Agents/Realtors for current and HARVEY LINDSAY COMMERCIAL anticipated future sales of the i REAL ESTATE subject property Norfolk,VA 23510 e a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO i Does an official or employee of the City of Virginia Beach have ❑ „ an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest' N/A. Page 4 of 7 Rhett A. Rebold for Vibrant Brewing Agenda Item 10 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, VEDA meeting, or meeting of any public body or committee in connection with this Application. /%Il( ' S/7 / (_ Rhett A. Rebold 10130201( APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of Rhett A. Rebold for Vibrant Brewing Agenda Item 10 Page 14 Disclosure Statement OWNER Yuen [ESI [NOI F SERVICE I I PROVIDER(ueadddtional sheets If 1 — ❑ ® Accounting and/or preparer of Iyour tax return ❑ ® • Architect/Landscape Architect/ Land Planner Contract Purchaser(Lf sthg[Jhan — _-- I ❑ ® Ithe Aoolicant)-identify purchaser I and purchaser's service providers Any other pending or proposed -- _ ❑ Z purchaser of the subject property IL (identify purchaser(s)and purchaser's service providers) ® ❑ a nntctors aellor Restoration- ___ -_-_ ❑ ® (Construction CoEngineers/Surveyors/Agents 1 - rFinancing(Include current mortgage holders and lenders ❑ I WI I selected or being considered to provide financing for acquisition or construction of the property) n 0 _ Legal Services Real Estate Brokers/ -- ❑ ® Agents/Realtors for current and 1 anticipated future sales of the (subject property 1 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO IDoes an official or employee of the City of Virginia Reach have D ® an Interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of Rhett A.Rebold for Vibrant Brewing Agenda Item 10 Page 15 Disclosure Statement CERTIFICATION: - - I certify that all nfihe information cord-reed in rimy Dlsdocliff' ytateinent I firm Is rcnrplele,true,and accurate. I understand thatupon receipt of notification Thar the application has been .l heduircl fm moble: hemnq, 1 ant 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 APpllbation -- -1 1 r�x �1., - I iI- mon Y . VIM" Tatf,is r 3 A01 NN II N 1xr IN? NgMC -- r, IGS . '°A 41 O/7 F-- Yi:;< ✓ (.„,c,,,,G- ;; c/4,' Rhett A. Rebold for Vibrant Brewing Agenda Item 10 Page 16 Item#10 Rhett A. Rebold for Vibrant Brewing Company Conditional Use Permit 4001 Shore Drive District 4 Bayside January 11,2017 REGULAR Bob Thornton: The Secretary will call the next item. Jan Rucinski: Okay.Thank you. Item 10 is the last item on the agenda. It is an application of Rhett A. Rebold of Vibrant brewing Company for a Conditional Use Permit(Craft Brewery and Open Air Market) on property located at 4001 Shore Drive, District 4,Bayside. Is the representative for this application here? Gray Bowditch: Good afternoon members of the Planning Commission.Thank you for having us. Jan Rucinski: Can you move your microphone up a little bit? And state your name for the record. Gray Bowditch: Yes ma'am. Good afternoon, my name is Gray Bowditch. I'm a consultant for Rhett Rebold,currently a brewery owner in Newport News,Virginia. I have been helping him out during the process. Rhett is here with us today and he is going to add a couple of words shortly. I just wanted to introduce the project. I thank you for your time and consideration in reviewing our proposal. Just to give a little background. Rhett comes to us from Northern Virginia. He and his family have partially relocated to the Shore Drive area of Virginia Beach with great interest of opening up a craft brewery. Many of you are familiar with the craft brewery scene locally and across Hampton Roads. I in particular, have fairly enjoyed being a part of the industry for about three years. We opened our doors in June in Newport News,and have a great working relationship with Jeremy at Commonwealth, Kevin O'Connor, and many of the other breweries that have had many successes in Virginia Beach. With looking at this project and wanting to locate his facility on Shore Drive, he came across this space at 4001 Shore Drive, with in the Navy corridor.That particular facility,as you guys know,was formerly a restaurant,which suffered some substantial fire damage, and has been out of operation for six plus years. Working with a commercial real estate team,we're kind of finalizing that deal. We think,as a team,that it would be a great asset,a great asset to the Corridor,and certainly, if you have looked at the drawings that we presented to Jimmy and his team,who has been a joy to work with,you can see that the space will get totally reconditioned. The facade will be improved. I'm working on some landscaping,that will fall in line with the Design Corridor Guidelines to improve that whole space entirely. That is a little bit about the space. You're familiar with the tasting aspect and also the brewing aspect. This facility today, and the use requested would be for the sole purpose of being brewery and tasting room. We would not be proposing to a brew pub, but merely a tasting facility. You will be able to taste and try the beer produced on site. That being said, in addition to that,there is discussion and interest to be able to have food trucks on the property. I understand from Jimmy we have about a dozen and a half different conditions. One of those particular conditions speaks directly to food trucks. It is certainly in Rhett's interest to have food trucks on the facility,to have them meet all the obligations of City Code,and the time be limited. Currently,the timing is mentioned within your condition at 10:00 pm. If I may ask, I Item#10 Rhett A. Rebold for Vibrant Brewing Company Page 2 think that condition is set forth for the purposes of noise, and to limit the disruption of potential generators and food trucks cause. It is certainly our goal to reduce that. I can speak from experience, and it is certainly a deterrent with our space in Newport News. Our patio is adjacent to the food truck parking area,which is the same interest and design as you will see from your drawings,as Rhett has suggested.So,it is our ongoing intent to keep a reduction of that noise. At this time,you guys have proposed,the Commission and Jimmy have proposed that food tucks being limited to 10:00 pm. We would ask that it be limited to 10:00 pm during the week because of the hours that we are allowed to stay open during the weekend,we ask that on Friday and Saturday nights that we are able to have a food truck on site until 11:00 p.m. I'll give that with a caveat that generators or noise producing devices on these food trucks is limited to 10:00 pm at night as to look out for our neighbors,the local businesses that are adjacent to us and people across the street. Any success of a brewery, in my experience, is to have a favoritism of your local neighbors,the favoritism of your restaurants.You certainly don't want to be a disruption.We want to be a great asset in that corridor,so I ask that not that condition be tweaked, but I ask that condition be tweaked for the purposes, I think your intention of noise disruption that it be limited to 10:00 pm on the weekends. You sort of seen the exterior design,the interior design as I said is a tasting room. There will be a viewing space through glass and through a petition wall,where our patrons will be able to see all the tanks,see the process. As I mentioned on the outside,there will be a patio space.There will be vases and planters and our petition wall on that patio space to be able to block it as prescribed by the zoning guidelines.As this time, Rhett Rebold would like to introduce himself just shortly.And we appreciate your assistance and hope for approval to allow us to move forward and get closer to construction. Thank you for your time. Jan Rucinski:Thank you. Our next speaker is Rhett Rebold. If you will,state your name for the record? Rhett Rebold: Yes,my name is Rhett Rebold. I'm currently living in Northern Virginia,and I'm working for Master Jewel Special Intelligence Agency. I've been home brewing for over 40 years and have had professional brewing courses,and have brewed professionally as a substitute brewer in Maui. Back in 1995,I was home brewer of the year for North America, and I won two categories nationally. I love this location. My family has already moved to Virginia Beach.We are in the North End,and the idea is for us to get this moving,and then for me to move down there, and do this full time. And,like I said, I like to help with the continuation of the improvement of this glory war. And comply with all the ordinances. Thank you. Bob Thornton: Are there any questions of the speaker? Karen Kwasny: Your representative mentioned that your food trucks were going to be adjacent to your outdoor patio so your objective would be to limit the noise reduction from those food trucks? Rhett Rebold:Yes. Karen Kwasny: I was wondering how would you do that if you're not having the generators in use at that particular time? Rhett Rebold: I think the generators are the main source of noise. And,one of the ways to abate that is to actually go into like an RV hookup,actually go with a power and a water drop from the building that is part of my construction plan is to have those put in. At that point,you can turn the generator on. Item#10 Rhett A. Rebold for Vibrant Brewing Company Page 3 You're running quiet. There is no additional noise. So,that is the idea. I think the ordinance will allow me be open until, I think 10:30 pm during the week. We're asked the stop the food trucks at 10:00 pm, and we're open until midnight potentially by ordinance Friday's and Saturdays. And I was asking instead of 10:00 pm to be 11:00 pm but recognizing the noise,you're kind of shutting the generators, if there are generators. Hopefully they won't be running at all but if they are they will be cut off at 10:00 pm,if they are running silently I guess. Karen Kwasny:So,you're asking basically to allow the food truck on the property until 12:00? Rhett Rebold: No,until 11:00 pm. Karen Kwasny: Until 11:00. Okay. Gray Bowditch: Just those weekends. Rhett Rebold: Friday and Saturday. That was the request. I think,and I'm not familiar with the food trucks as my colleague is,some of them may not be primed for a RV hookup and in those cases,there would be generator noise, but I wouldn't allow them there after 10:00 pm. But I want to be a good neighbor. That is going to help the business obviously,and I want to mitigate some kind of noise complaints as best that I can. Bob Thornton: Ron? Ronald Ripley: Have you met with any of the neighbors? Rhett Rebold: I just met with one actually. I met with the owner of Leaping Lizard across the street. Ronald Ripley: I am talking about the residential behind. Have you had any conversations with them? Rhett Rebold:We had a meeting, and I think Gray can speak to that. I didn't go to that meeting but we had a meeting with the Shore Drive Association. Ronald Ripley:The Shore Drive Advisory Committee. Rhett Rebold: Thank you.We talked about these matters and they were supportive. I think they wrote a letter of support. Gray Bowditch: Yes sir. Sorry to interrupt.We met with the Bay Front Advisory Committee and there were about a dozen and half neighbors there.Some of them living across the street and areas behind the Leaping Lizard, and then several living behind the fence line to the neighborhood that is to the rear of the property. I fielded a number of questions at that presentation and when leaving that meeting, I think all the questions were answered. Many of them were excited that the blighted building would be improved.They are excited about some type of ability to walk to a brewery and as Rhett has suggested, it is certainly his goal and the team's goal to keep noise to a minimum to have a great working relationship with his neighbors. Item#10 Rhett A. Rebold for Vibrant Brewing Company Page 4 Rhett Rebold:There is a fence and I don't know how deep the woods are,several trees deep, not huge behind the facility,so I think there is a little bit of noise abatement there plus all of the activity would be in the front of the building. There is very little on the side. Ronald Ripley: Well, I mentioned this in the informal meeting, I don't know if any of you were in there but,this property came before us a number of years ago as a tavern/bar,and the neighborhood was out in force and it was withdrawn, if I am not mistaken,it failed to achieve its rezoning or its Conditional Use Permit. So, I personally am from that area,from that bayside area saw it and experienced it. The neighbors maybe are not in tune to what you are doing here. I support it. I think it is a good use but if you can control the noise that is fine. Generators are not a great deal of noise but it does annoy people when they are trying to sleep or whatever if you can do what you're talking about, if you could plug into an electrical line that would mitigate it? I don't think asking the truck to cut its generator off and sit around another hour. I don't think they would want to do that because. Rhett Rebold: If they are plugged in. Ronald Ripley: That is a different story. That is my concern. My concern, personally, is noise. Gray Bowditch: We personally in Newport News have seen a lot of success with our two RV hookups. For one,we get residential as a neighbor, but we certainly have office space and restaurants. And our two RV hookup, actually our contractor we shared the same contractor as Jeremy with Commonwealth. We have the same exact RV hookup that he did install and I think he installed them fort the same purpose of mediating the noise concern for his patio people and for the neighbors across the street,and behind his space,so,we have seen success with it. We have not had any complaints. Ronald Ripley: If you could do that. Gray Bowditch: Luckily the parking spaces that are allowed in the site plan are adjacent to the building, so the ease of being able to put some time of hookup right against the wall with electrical, I think from a construction standpoint, pretty minimal. Ronald Ripley: Where are the trucks going to be? Outfront? Rhett Rebold: Kind of on the side. Bob Thornton: Shown on the site plan. Rhett Rebold: It is the side that faces the buggy bath. There is actually a certain amount of noise at certain hours. Ronald Ripley: That's closer to where the houses are. Gray Bowditch: From a parking standpoint,and talking with Jimmy,we are certainly up to creativity today. In talking with Jimmy,there are not a whole lot of options besides parking in the middle median, and to have patrons walking through the parking lot to be able to encater to my food truck,I think may Item#10 Rhett A. Rebold for Vibrant Brewing Company Page 5 be poses a safety issue. Having them adjacent to the building like that... Ronald Ripley: Just to let know we're not discriminating against you. We've had soccer fields in here where they wanted to put the lights on at night and neighbors have complained because there are generators. So,that is my question. Gray Bowditch: I think from Rhett's standpoint,and from the team's standpoint,our intention would be to certainly to install RV hookups and to do our best to do to our best ability to either have generators off or have them covered with some type of sound daming device,but I would say of the food trucks that preferences, about 95 percent of them are able to have a plug in or whether it is a 220 plug or twist lot plug,that eliminates any need for a generator. For one,we enjoy and our patrons enjoy it but for three a food truck can use and abuse our power load versus their own,so, I think it would be an easy call for us to install those. Ronald Ripley: I heard a couple of things from you but if you want to try to do it. Rhett Rebold: We'll do it. Ronald Ripley: Okay. David Redmond:lust following upon what Ron said. It seems to be. It almost seems. I don't know why you're quivering about this hour thing. 10 versus 11 for a food truck, I don't know if that is such a big deal. It might be if you're sleeping. So his concern, is my concern. So, my view is that to approve is sort of fitting, and between systems that do that and it is quiet,that strikes me as a Modification of Conditions at some future date to raise those hours should pretty easily be done. Do it that way,then I don't know if there is any better way that Staff might suggest you do that, but I'm like Mr. Ripley. I am concerned about the noise. I don't know that it is all that necessary to have a truck serving food at whatever 10:45 pm at night for the business to be entirely viable above the application, but I am more comfortable with 10:00. If you can do it, and it is virtually noiseless,and you can eliminate that noise that the generator might do, if you came back through their process with a simple modification of conditions, I would probably be leading the charge. I'm with him. I think that is kind of something you got it down.We just don't want people to be held up in the middle of the night.Some people go to bed at 10:00 pm. I'm as old as the hills, I feel that way anyway. I go to bed before 10:00 pm a lot of time if something is keeping me up,and if I can't do anything about it, I'll be upset,and I think those neighbors would be upset too. So I think, and I don't know that would occur, but we are trying to safeguard against that would be one way where everybody wins. Rhett Rebold:So,we'll install that RV hookups,and try to mitigate any generator noise, hopefully get ones that have no generators or you don't need to have the generators on, but then if this helps,we'll cut if off at 10:00 pm. David Redmond: I would be more comfortable cutting it off at 10:00 if you can demonstrate that you were able to that,then I think it should be pretty easy and you might be able to pull it off before City Council,quite frankly. If you can demonstrate that it can be done, make that as a condition of the application if that is the kind of set up you can arrange, my guess is that would probably solve the problem or you finish with this process. The suggestion of it however, I don't'think it is enough. Item#10 Rhett A. Rebold for Vibrant Brewing Company Page 6 Rhett Rebold:With supplemental power, and with as you said RV hookups, if we can commit to those today,would that suffice for... in talking with other breweries across Hampton Roads,one that are busier that do or demand food trucks,they've seen a lot of success in being able to supply that power to eliminate nose. Would this satisfy yourself,as a neighbor? David Redmond:No. I think that is probably something where you can work with the Staff and they can make that a lot more,a lot clearer than we can make that up on a fly today. Sure,we can sit down and write the condition that would address that. I rather think it through in more than five seconds and get that right. There is plenty of time between now and when you go to city Council to do that. My recommendation would be that we move forward with this the way it is, and that can be addressed,and City Council. I think,can look at it. But to me that would have to be something that would have to be a condition in order to get everybody left. Bob Thornton: We also have someone to speak in opposition,so let us hear that and then you can come back for your rebuttal. Rhett Rebold: Thank you. Gray Bowditch: Thank you. Jan Rucinski: We have speaker Bill Prince. Sir, if you can state your name for the record when you get to the mic? Bill Prince: My name is Bill Prince. I live at 4400 Shore Drive,4402 Shore Drive and 4408 Shore Drive. I live actually on 4402 Shore Drive,which is directly across from the brewery. I don't object to the plan. I don't object. I welcome it. I will probably be a customer. I am not doing anything. That is not my intent here today. My intent today is to address the noise. As having living on a lake,just a couple of days ago when Baylake Pines went out of power,you could hear generators all across the way. And,that is a problem,and I don't think the people that live in Bayville Park are just wise to what is coming down the pike,as far as the noise level. I don't want to do anything to slow their progress and their project. I wish them well, but I think that they were probably were remised and not considering this noise concern. They have multiple opportunities to come and seek me out as a business owner. And they did and that is fine. I'm not faulting them for that, but I don't want to be feeling guilty for delaying their project,and if they had not done the due diligence with the project. But you all have done a great job talking about this issue, but it isn't a minor thing just to say that the generator will go off at 10:00 pm because that leaves nine other hours during where we all listening to the generator,and that is not a pleasant sound. So, I have no objection to the length of time or anything. I think they are simple fixes,reasonable simple fixes to noise abatement on the food truck,and I think in the history of breweries in our area, it is probably these are things that are starting to show. The user issues because we know a couple of the local breweries around that have been a problem with the residents. So, anyway, I also own the Leaping Lizard Café,and this is not about competition. I'm all for them coming. So,anyway,thank you. Bob Thornton: Are there any questions for this speaker? Ronald Ripley: I have a question.You got the best restaurant in town. Item#10 Rhett A. Rebold for Vibrant Brewing Company Page 7 Bill Prince:Thank you. Karen Kwasny: I think you made a really good point and I have not thought about,which was the fact that we are not really talking about from 10:00 to 12:00,we're talking about noise generated throughout the period of the business being open. Correct. It is really a matter of that. It is a matter of a particular time frame there is going to be a significant amount of noise, if the food trucks are all generator powered. Bill Prince: Which they probably will,and of course... Karen Kwasny: Except for the fact that you can apparently get non-generator food trucks if they hookup to the power supplied by the building itself. Right? Bill Prince: Yes. I would suggest. Karen Kwasny: That is my question. Bill Prince: I guess one of the reasons why I am standing here in front of you is that I just gone through a year and half with the Bishard Development next door. And, I realize very well that a hand shake does not mean anything,so I want to find something that is on the record that this is an issue. Dee Oliver:You make a good point. Bill Prince: Anyway.Thank you. Bob Thornton: Thank you. Thank you for coming before us. Jan Rucinski: There are no other speakers on this matter. Barry Frankenfield: I want to make a reasonable comment here. Staff will not change the conditions between the time of your approval and Council. So if you want to have the conditions changed and have that go to Council,then we need to do it today.Whatever you approve today, is what we are going to recommend. We're not going to negotiate with the applicant and change them between now and Council. I may have misunderstood what you were saying. David Redmond: You did. I was not suggesting that you change anything. Barry Frankenfield:Okay. David Redmond: I am suggesting that the condition itself might be best written not on a fly as we sit here, but over the course of a couple days thinking about. I don't know a thing about how to hook a food truck up to a building. So,writing a condition about that strikes me a little bit about making some assumptions,so that it seems to me that this can go to City Council exactly as it is written today so can an option to add a new condition or substitute a condition that is going to be a little bit more sensible than were going to do an amend right now and just talk about it. All I'm saying is that they need to put a little bit more thought into this condition,and that can be substituted later on. I am not suggesting that Item#10 Rhett A. Rebold for Vibrant Brewing Company Page 8 we take our work and change it. I am suggesting that City Council can do that. I just want the condition to be right. Carolyn Smith: You got it. Barry Frankenfield: Okay. Bob Thornton: Jimmy,do you have something? You look like you want to speak? Jimmy McNamara:Sure. Bob Thornton: Sure. Jimmy McNamara: So, it appears that the main issue here is noises that are brought forward from the generators,and the hours that the generators would be operating. So, looking at condition 14,which reads"food trucks shall be prohibited to operate on the site between the hours of 10:00 pm and 8:00 am. Perhaps substituting food trucks and changing that to generators shall be prohibited to operate on the site between the hours of 10:00 pm and 8:00 am. It may address the noise issues that are have been brought to thought. Or we can eliminate generators entirely. Bob Thornton: What we need to do next is let the applicant have a rebuttal and we will close the hearing and discuss it amongst ourselves. So,applicant would you care to rebut and possible maybe even agree to some of the things we're talking about? You got three minutes to rebut so watch those lights. Gray Dowditch: Yes sir. I will be quick. Our goal today is certainly to move forward with your approval. I think,as Commissioner Redmond and others have suggested, our goal today is too certainly to noise abate. As the conditions are currently written,if you're okay,there has been some discussion of extending those hours but as he suggested, let's sort of see how we do. Leave as it stands. Not to extend those hours at all and see sort of see how we do as a business. And then in six months or a year, if it is really needed,and guys come by and we have favorable review from the community that we come back to that but not to confuse things, not to sit here and try to improve great penmanship over three or four words,that we leave it how it stands. I can speak for Rhett and say that a part of this process,an approval of this approval allows for a potential construction date to be sooner than later and for him and his team to go to brew and open for you and the members of the community to serve beer this summer. So,we would very much hope that if it works as it stands for your team,that we would hopefully love your approval. Bob Thornton: Any questions on the speakers? Dee Oliver: I have a question. Gray Dowditch: Yes ma'am. Dee Oliver: Food trucks? And you talked about them hooking up to the building. What is the Item#10 Rhett A. Rebold for Vibrant Brewing Company Page 9 percentage of the food trucks out there that the breweries all use that are capable of doing that,ones that are already retrofitted to plug in? Gray Dowditch: In my experience, I have not really seen very many food trucks with a built-in generator. They are all taking a cable or connection,a three wire to one wire to hook up to a generator whether it is on a roof,whether it is on a front,like a tow-hitch. There is usually always some type of separation, and I can only speak on our short experience, but many of times,it is just a quick 220 plug. It is not even a twist lock. It is not even something that fancy. So, if you just have a four-prong electrical outlet outside the building that at times is satisfactory for their needs. Dee Oliver:So you would say 95 percent of them have the capability of being able to hook in? Gray Dowditch: Yes ma'am, because I've been to our tasting room and fortunate at that. We've spent a lot of money in our patio. We've got two fire pits, and our patrons site right beside our food trucks. It is absolutely in or interest is under our facility to have that noise that close to them, let alone for adjacent businesses, homeowners, and passer-byers. Bob Thornton: Ron? Ronald Ripley: Would you object then. We talked about the RV hookup for lack of a better word for me. Would you object if we had all stuff hooked to the RV typed up so we don't have any generators running? Gray Dowditch:I don't know the answer. Ronald Ripley:You're designing a building right now and it might be accommodated at this point, I would think. So I'm asking you can you do that. Gray Dowditch: Well,Commissioner Ripley,I would suggest that if you like that language, I would suggest that the language that Jimmy has written,and then a simple and the availability of RV and sufficient power for every food truck that comes. I can't speak on every food truck out there. Ronald Ripley: It is your business. You can control that. Gray Dowditch: We can certainly control that but I would suggest that sufficient power is supplied and if you can use the word "RV hookup" because that is sort of what everyone is sort of using in the industry being provided off the trucks with the goal of limiting noise. Rhett Rebold: If we put in our clause that no generators after 8:00 pm. Because I am wondering how much that is going to limit.That is all that I am wondering. Ronald Ripley: But you heard Mr. Prince say that if you are injecting the generator into the neighborhood and it is going to be running,and it is loud. You have the road noise going by there,soon and so forth but, I think you would have a much better situation if you did what we are talking about here. In fact, when we get to recommendations, I'll recommend something like that. Item#10 Rhett A. Rebold for Vibrant Brewing Company Page 10 Karen Kwasny: I just have one question. When Dee asked the question and your answer was that 95 percent of food trucks allowed for that hook up. Correct? l am just wondering as Ron is,which is more desirable to limit your hours according to the conditions already applied or with the change that Jimmy has mentioned or to allow you 95percent of the choice of the market and freedom to have food trucks as a much more,maximizing your time frame. So it seems to me, personally,that would be more desirable to limit my food trucks to those have the hook up availability to the building are generator powered and therefore, I can use 95 percent of the market choice in that regard. Rhett Rebold: I would say yes. Karen Kwasny: That would seem like a more desirable option. You're cutting the noise down for the whole community and it is never questioned again. Can he do that? Bob Thornton: Here is what we need to do procedurally. We need to thank you all.Take your seat, close the public hearing,and let us debate and if we need to get you back up here,we'll call you. Rhett Rebold:Okay,Thanks. Gray Dowditch: Okay. Thanks. Bob Thornton:At that,I would like to close the public hearing and open it up amongst for discussion and possibly a motion. Dave? David Redmond: I want to slow down about this generator. There is nothing illegal or improper about a generator. Mr. Prince can run a generator this afternoon if he so chooses,as again,the car wash next door. We ended this morning about a debate about what time it is because they would be running generators and it seems to be drifting into well,if it is a non-generator thing,get back the application, which was a question of how late at night can you have food trucks. That was 10:00 pm because people want to go to bed. As I said, Mr. Prince's power goes out while he is serving brunch, has the option of firing up the generator or he continues business without. But so generators are going to run all over the City,as we speak. So, I don't want to get too far down the road assuming now that whenever we have an application like this that and we've haven't done this in the past, and they're running today over Commonwealth and other people. So, I don't want to set some precedence and egoistically change what we're doing. I don't know if the food trucks that they are hoping to attract can be run the power from the building or not. I don't know if they know the building itself can do a power or do it an appropriate way. I am no electrical engineer. I think we kind of began with 10:00 versus midnight. I would like to stick with 10:00 pm versus midnight. I'm a little uncomfortable that we're review right the entire application at lease in regards to these food trucks staying when it was a question of hours and generators. So, I would be more comfortable frankly,writing this. I think everybody ought to take a breath. The applicant mentioned, as I suggested earlier,and to try and write the condition,with regard to times and the noise a little bit more carefully than just kind of making it upon a fly. As I said, let them present something to Council.The way you have written this condition as it speaks, right now,works for me. We added a condition no more than two food trucks shall be permitted to operate on the site at any given times, because the site plan you guys have indicated two parking spaces. I'm comfortable with that. If they come up with something better and present it to Council and want to go to 11:00 pm, I'm okay if that is what Council wants to do. My preference is not to get too far in deciding what kind of Item#10 Rhett A. Rebold for Vibrant Brewing Company Page 11 power is going to power the food trucks. It just seems more simple then that. Jan Rucinski: In the rebuttal the applicant did state that they were agreeable to leaving as it was written,and then if they got to come back and in six months to a year to because they realize they're not needing generators or there is another power source available and that time might be extended after they have proven themselves to be a good neighbor that they are willing to do that; So, I am sort of in agreement to leave it as it is written with the change of no more than two food trucks. David Redmond: Did anyone ask you gentlemen if you have seen this extra condition on this condition ask that we added and that is acceptable to you. Gray Dowditch:That is acceptable to us. Jimmy presented to us. David Redmond:Okay.Thank you. Bob Thornton: Is there anybody else? Ron? Ronald Ripley: I think we should add just language that says all food trucks shall be operated with RV hookups. Simple. That eliminates the noise. You can keep the 10:00 pm. I think at that point,if you cut out the noise you cut out the reality of obnoxious sound in the neighborhood and people are still there, so;they are still there. But I'm oaky with 10:00 pm but if you just add all food trucks shall be powered with RV electrical hookups. Dave Weiner: I'm with Mr. Redmond on this one. I can't see to hold them back and tell them that they can't have generators. We haven't done that yet considering Virginia Beach,and we have a lot of breweries, not just breweries, but other places that have food trucks. You go down to 9t Street I the summer time where all the food trucks are down there,they are on generators. And you have a busy Shore Drive, how much are you going to hear across the street from all the cars going by. I still have a problem telling them they can't have generators because there is nothing, like Mr. Redmond says,there is nothing in the ordinance that says that anybody can have a generator.This gentleman here can go and operate his restaurant this afternoon on generator if he wants too but that is just the way it is in Virginia Beach. Now if we can do something in the future,and to do something in the ordinance,that says, hey look,everything all new for whoever wants to have food trucks in the future, no generators that is a different story. I just feel like it is not fair for these gentlemen to tell them that this now that they can't have generators. So, I am willing to support it the way ti is now. Bob Thornton: Jack? Jack Wall: I concur with Dave. I don't think we should at this time limit on how they are going to power their food trucks. They kind of alluded to it that they would be the biggest advocate for minimizing noise because it is going to possibly affect them and affect their patrons. David Redmond:And just to come up with something better by the time you go to city Council,and want to volunteer what Mr. Ripley suggest, I'm okay with that too. I think we are good to go from where we are today. Item#10 Rhett A. Rebold for Vibrant Brewing Company Page 12 Bob Thornton: Who else had their hand up? Karen, did you want to say anything? Karen Kwasny: No. Bob Thornton:Ron? Ronald Ripley: Well I 'm just saying that if you had a food truck back up to your backyard and if that is where they are going to put it, it is going to be right to somebody's back yard. And you're running that at night. It is going to make some noise,if that is okay with you? I think you ought to add this and that would make it very simple. I think they are agreeable to this. I think they want to be good corporate citizens. Hopefully,you feel this is a good discussion we're having because we do welcome you to the City. We're very pleased that you're coming in but on the other hand,we're just trying to mitigate that into our role. But I really think adding this would be a wise thing to do. Karen Kwasny: Chairman Thornton? Bob Thornton:Yes. Karen Kwasny:I will concur with Ron on this. I do see your point David and Dave that anyone could hook up to a generator and we need to minimize how interpleads we get on this,and those are all good points to me. In terms on consistency, how we would apply this to others that questioned. But I think here we have someone who is amenable to this idea of limiting themselves to the power generated by the building for the RV and they have a lot of options in that regarding limiting the hours and protecting the whole of the day from the noise of the trucks is the get way for us to allow for this to be a friendly business in the neighborhood. David Redmond: Can I ask this gentleman to come back up here for a second? Bob ThrontoN: Sure: David Redmond: I just wanted to ask you since we're all kind of talking about what you can and can't do. Would you be amenable to what Mr. Ripley suggested or would you prefer to move forward with the application as the way it is? Karen just said you're okay with this,and if we go ahead and do what Mr. Ripley says, I just want to know if you're okay with it. Gray Dowditch: I think it would be our shared goal that the language sits as it is currently written. To better understand the mechanics or make guarantees of the electrical mechanics of the food trucks,or a hold ourselves to a different standard,as to pretty much every brewery in Hampton Roads as to levels of wattage and electrical connection. As it was mentioned, it was our complete goal to have a very good relationship with the neighbors,to limit noise to the neighbors,to corporate businesses and to certainly our patrons that would typically be sitting next door. I would have to be hesitant on any language as to all or guarantees of everyone hooking up in hopes that by the goal of Jimmy's language that limits food trucks entirely on site to as to achieve the goal of noise and what not. Rhett Rebold: I feel a little flatfooted as far as. I like to pulse all of the food trucks in the Hampton Roads area and see what percentage actually. Is this a show stopper for some of the best ones,just one with Item#10 Rhett A. Rebold for Vibrant Brewing Company Page 13 older equipment. I don't know.That is my attention to be a good neighbor to be a quiet neighbor and have a pleasant place for my patrons.So the bias is definitely for plugging in and having no generator. But to say I will never have a generator there does seem a little bit discriminatory. I could have chillers. I could lose power and have chillers and not have a generator or all the beer goes bad.That would be an exception. Dee Oliver:Your patio is situated right next to your food truck on the site plan. Is that correct? Rhett Rebold:Right next to it. Dee Oliver: Right next to it,within a few feet. So,your goal really is to plug in. Even at the end of the day, if the application stands as is,your goal is too potentially to plug in to minimize the generator noise because your patio is there. Rhett Rebold: Right. Gray Dowditch: Certainly our first goal is not to let our patrons off the patio or away from the entrance to the space or even if a generator is creating such a level of noise that gets across the street or through the trees in the rear of our space, it definitely affects the interior seating and enjoyment as well,so; I think, like you said,the goal is to mediate any noise. Dee Oliver: Right. Bob Thornton: Is there any other questions?Don? Don Horsley: Your food trucks that you use at the one you're operating in Newport News? Gray Dowditch:Yes sir. Don Horsley: Are they the same ones all the time or do you use different ones? Gray Dowditch: We do different ones. It is our goal. We pretty much have a food truck on site Wednesday through Sunday. If we have a big event,we have two usually it is one. I can name on one hand where we had two on site in six months. That being said, it is our goal to offer a different taste almost every day of the week,so we don't do the same thing on Tuesday. We don't do the same thing on Fridays. Our goal is for our patrons to go and come in and have a first point and maybe have a quick morsel, have a second pint from a tasting flight rack to a pint but fill easy enough to have a quick mac& cheese or a quick meatball or something that gets us there.And certainly with our early success,it has been a lot of our restaurants and distribution networks. Eliminating the food trucks or keeping the food truck sort at a minimum or a food minimum,to like the Jones point in the back,we've got five restaurants that are immediate neighbors,and the all cater food in and adjacent food trucks. They all pour beer on draft,so it is like number one to make those relationships work. Rhett Rebold:That goes for my brewery as well. And just wanted to maximize, if I could the food choice? Item#10 Rhett A. Rebold for Vibrant Brewing Company Page 14 Don Horsley: Right.One food truck says I can be there every day. And I'll hook up to your building. You don't want that. Bob Thornton: Thank you. Are there any other questions? Thank you. Dave! Dave Redmond: Mr.Chairman, I move approval of the application with the addition of a new condition 17 that means that no more than two food trucks shall be permitted to operate on the site at any given time. Bob Thornton: Is there a second? Dave Weiner: Second. Bob Thornton: Dave and Dave. Ron? Ronald Ripley:Comment? Ed Weeden: Who seconded it? Ronald Ripley: I could propose a substitute resolution but I don't know if I can do that. But I do think they are making a mistake here because I think,and I've seen many hearings where there is not increment in there in front of us and the house gets packed during Council,and I think it would be helpful to mitigate that noise going forth. And also the brewery that we approved,that similar create a place we approved on Pleasure House Road, I don't anybody has been by there and beer is spilling all out into the street into the neighborhood and they really got a good business and I'm really glad to see it but it is a lot larger than you anticipated. I can tell you. I hope this property will be successful. I want it to be successful but I think we need to think in terms of how we mitigate between the neighborhood and the business. David Redmond: Mr.Chairman? Bob Thornton:Sir. David Redmond: I'm not adverse to withdrawing my motion and letting these guys in and I don't know if they want a deferral. It seems to me this idea of can you hook up or not hook up kind of came upon the fly. And I am not just a big fan of making up a requirement on the fly,and I don't know if they can. I don't think the building can accommodate it cost wise or whatever,and the application that we have today is consistent with other applications. Ronald Ripley: They brought it up Dave. David Redmond: I know that. I just don't know if they should have. I don't know if they can assure their building can accommodate that. I don't know. That is exactly my point. When we came in there was discussions this afternoon how to provide onsite power to something and this morning it was a discussion about 10:00 pm or midnight. It seems to be a little bit rash to kind of get into that discussion. I don't know what the building can accommodate. Can it be done from a cost perspective?I don't know Item#10 Rhett A. Rebold for Vibrant Brewing Company Page 15 if it can. I really don't know a whole lot about how to accommodate that so, if they want to investigate that further and do a plan I would hate to apply to apply a standard to somebody when we haven't applied to someone else. That we think about this morning. Ronald Ripley: What would you be willing to say to the best of their ability that all food trucks shall operate with RV hookups? David Redmond:That is what I suggested 20 minutes ago in trying to work out some sort of power hookup. Ronald Ripley: To the best of their ability. David Redmond: Sure. Bob Thornton: Well the other option is that you could make an alternate motion.We could make an alternate motion. Ronald Ripley:Then I will make a substitute motion and the substitute motion is to approve with the language that all food trucks to the best of their ability shall be operating with RV hookups. Bob Thornton:I need to ask Kay a question. Kay Wilson: Yes sir. Bob Thornton:We have a motion on the table with a second with an alternate substitute and a second. Kay Wilson: The substitute motion is voted on first. If it passes,that is it. If it doesn't pass,then you move to the primary motion. Bob Thornton: Okay. Fine. David Redmond; I'm amenable to that. Is that a condition to the best of their ability? Ronald Ripley: I think we have a man that seems very reasonable to me Bob Thornton:So your motion is not to make it such that they can't have a generator on site? Your motion is that they do their best efforts to keep the noise. Ronald Ripley: I satisfied. David Redmond: It certainly satisfies me. I would love if they didn't have to have generators on the site and all of this could be done essentially noiseless. Don Horsley: The one thing we're getting confused about,this is under normal hours. If it is an emergency situation and power goes out for whatever reason you can have a generator. Everybody can Item#10 Rhett A. Rebold for Vibrant Brewing Company Page 16 have a generator. That is the reason why this man has one in his neighborhood. The snow storm took the power out so he had a generator. So I think even,you would want to put a generator in your facility. You don't want to take a chance on having that beer going bad,so you're going to have an emergency generator. I think what Ron is talking about is under the normal hours,not every day grind the neighborhood will hear these generators running on a daily basis. Karen Kwasny: He is only talking about the food trucks too. He is not talking about the emergency generator. Don Horsley: But in an emergency,the power goes out or something or he can't get one with an RV hookup and he brought one in for a day with a generator,so be it. I don't think that would be a problem. David Redmond: So,we're talking about condition 14 or 15,it says the operation of the food truck shall not disturb the tranquility of residential areas or other areas in close proximately or otherwise interfere with reasonable use of adjoining neighboring property by reasonably excessive noise,traffic or overflow parking. That is the condition now. How would like to? Ronald Ripley: Put it all on 15. I said all food trucks to the bet of their ability shall be operated with RV electrical hookups. David Redmond;Yes, I can support that. Bob Thornton:Do we have a second. Karen,do you have something you would like to add? Karen Kwasny: No. Bob Thornton: Are you sure? I am not an expert in food trucks but I do have a generator at home and I do know that AKW to a 10kw generator are very noisy. I think these food trucks,for what it is worth have the little tiny Honda generators that are not much bigger than a suitcase. They go inside the food trucks. It is not like having a 10kw generator having off the food truck because they are very noisy. IF anybody's got them,know they are noisy. Part of the argument is the food rucks themselves don't'car these gigantic noisy generator otherwise nobody would go and buy food trucks. I don't think it is a bigger problem like we think it is but I like this solution you've come up with. So,you got the motion,the substitute,the two seconds? Ed Weeden: Ron made the motion? Bob Thornton:To add to paragraph 15. David Redmond: I'm just happy with withdrawing. Ed Weeden:Who seconded it? Bob Thornton: Jan. Does the staff have any questions of us before we hit the buttons? Item#10 Rhett A. Rebold for Vibrant Brewing Company Page 17 Kevin Kemp: I think with that condition, if they ever started to complain it would allow the Zoning Office to look at it and work with the applicant saying,we've been getting complaints. Is there a way to mitigate this noise better? AYE 10 NAY 0 ABS 0 ABSENT 2 HODGSON ABSENT HORSLEY AYE INMAN ABSENT KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 9-0,the Commission has approved the application of Rhett Rebold with the addition condition 15 all food trucks will now operate with RV ancillary power. Bob Thoron: And 17. Ed Weeden: Nor more than two food trucks shall be permitted to operation on the site at any given time. Dave Weiner: I just want to say something. We had a great discussion today. This is very interesting. I have not come across this yet since we've doing this for three or four years now,all of these food trucks and breweries, I would ask staff in the future if we could just get a little bit more involved maybe I don't know how you can do that. We can regulate this more in the future. I'll be happy to regulate it. Carolyn Smith: Condition 15 is a result of some issues that have come up in the last year. Bob Thornton: Well thank everybody for their participation. Is there any further business? Hearing none, I adjourn the meeting. ll II 1 I Na iii 01i ai I I PtijO U lici / . .i f'----------,,i7 ------_2,, . L. _,________" "i4k . f- 1 `' -7 r-L-------„,_, _.,.... , , .., c__,....__z________,„ __ ____. . _ 4.V C:7---7-=:---__ �� . /.....",________ i, ,,, __,, L,,, \ ,,,' ____ . r-______ , .....,_ ,_ . /-----"-- C.:___.."-_"---__ .,._.. ...7---__ rt________,_..,_„_........„.. TN __ �z A Lt _ a .-CL -- "-------,..------ -- /I - _ T. / r -_�_ _ Q 4- r [ Or"%I ill 'il CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HOGS TOOTH PRECISION, LLC [Applicant] FRANZ LEEK [Property Owner] Conditional Use Permit (Home Occupation — Firearms Sales) 1247 Princess Anne Road (GPIN 2401725508). COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: February 21, 2017 • Background: This request was deferred by the City Council at the January 17, 2017 meeting. The deferral provided City Staff the opportunity to brief City Council regarding state and federal requirements related to firearms sales. The applicant requests a Conditional Use Permit for a Home Occupation to sell firearms on an individual basis from the existing single-family dwelling. Sales will be conducted on a referral-only basis and via the Internet. No sign to advertise the business is proposed or will be permitted. All federally controlled items will be stored in secured steel vaults. In addition to this Conditional Use Permit, the applicant anticipates obtaining a Federal Firearms License (FFL)through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) prior to conducting business. All firearms that are on the site will be required to be secured in accordance with ATF regulations. The Virginia Beach Police Department will conduct a security assessment of the home in the presence of the applicant within one month of approval by City Council. is Considerations: Staff anticipates that this request will be a very low intensity use. The requirements of the Zoning Ordinance and the conditions recommended by Staff were developed to provide safeguards for the activities associated with the home occupation and compatibility of the proposed use with the surrounding properties. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. Hogs Tooth Precision, LLC Page 2 of 3 ■ 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. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment. A report shall be written by the Police Department, a copy provided to the applicant, the Planning Department, and a copy retained by the Police Department. Failure to meet with the Crime Prevention Office within one(1) month of the granting of this Conditional Use Permit shall result in revocation of the Conditional Use Permit. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct business. 3. All small arms ammunition, primers, smokeless propellants and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the business on the exterior of any building of any building on the property or within the yard of the property. 5. Not more than twenty (20) percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity with the home occupation. 6. There shall be no more than one(1)employees, other than the home owner, on the property associated with this home-based business. 7. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. 8. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. Hogs Tooth Precision, LLC Page 3 of 3 • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep. • - -n ncy: Planning DepartmentL3> Gu- City Manager: INBApplicant Hogs Tooth Precision, LLC Agenda Item Property Owner Franz Leek Public Hearing December 14, 2016 6 City Council Election District Princess Anne Virginia Beach Request c Conditional Use Permit (Home Occupation— ''i.„4,o Firearm Sales) IR 4 v.than Road Staff Planner Pun`o LdR taut Jimmy McNamara gill Location 1247 Princess Anne Road L. GPIN 2401725508 40 Site Size 1 acre • (I AICUZ Less than 65 dB DNL Existing Land Use and Zoning District Single-family dwelling/AG-2 Agricultural Surrounding Land Uses and Zoning Districts North :t' ? • , Greenhouses/AG-2 Agricultural ! /f/r, , '7South ;+ Single-family dwelling,farm/AG-2 Agricultural r f� ; +' East ' itii, • , 4 Princess Anne Road a r Cultivated land/AG-2 Agricultural E� ' ir West iftNit " • irk , Greenhouses/AG-2 Agricultural , . ;-, j7jrçr '/ .. ' . . 410,-4-imigim . --..-. --...'*141"41":11t43-,:i'-,.gi Hogs Tooth Precision, LLC Agenda Item 6 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Use Permit for a Home Occupation to sell firearms on an individual basis from the existing single-family dwelling. • Sales will be conducted on a referral-only basis and via the internet. No sign to advertise the business is proposed or will be permitted. • Commercial delivery of products will not occur at a rate greater than what is normally anticipated in a neighborhood setting. All shipments in which either a firearm or a federally controlled item is exchanged will be secured upon delivery by the applicant's signature, as is required by law. No packages containing such products will be left without properly being transferred to the owner. • All federally controlled items will be stored in secured steel vaults. • In addition to this Conditional Use Permit,the applicant anticipates obtaining a Federal Firearms License (FFL) through the Bureau of Alcohol,Tobacco, Firearm and Explosives (ATF) prior to conducting business. All firearms that are on the site will be required to be secured in accordance with ATF regulations. • Additionally, a City of Virginia Beach Police officer will conduct a security assessment of the home in the presence of the applicant within one month of obtaining a Conditional Use Permit. A report will be written by the Police Department and a copy will be provided to the applicant. 1 AG-1 _ ro r Zoning History Q j : # Request AG-2 jl��j rr 1 SVR Approved 12/08/1992 4 2 CUP(Boardingof Horses and Horseback Riding) Approved 02/13/2007 2 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Hogs Tooth Precision, LLC Agenda Item 6 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the"Rural Area." Guiding principles have been established in the Comprehensive Plan to preserve the rural character of the area through planning objectives that emphasize its agricultural and environmental economic value, in an effort to preserve the area for future generations. The Plan's principles include preserving and promoting a vibrant agricultural economy, reinforcing rural heritage and way of life, sustaining natural resources for future generations and managing rural area development and design. (p. 1.127 - 1.128) Natural and Cultural Resources Impacts The site is located within the Southern Rivers watershed. There do not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 7,400 ADT 1(LOS°"C") Existing Land Use 2—10 ADT 1 Princess Anne Road 7,945 ADT1 12,000 ADT 1(LOS 4"D") Proposed Land Use 3—Minimal increase anticipated 1Average Daily Trips las defined by a single- Sas defined by a single-family dwelling 4 LOS=Level of Service family dwelling with a home occupation Public Utility Impacts Water City water is not available. The site is currently served by a Health Department approved private well. Sewer Sanitary sewer is not available. The site is currently served by a Health Department approved private septic system. Evaluation and Recommendation Section 234 of the Zoning Ordinance specifically addresses standards that regulate Home Occupations: (a) Not more than twenty(20) percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of the activity. Provided, however,this limitation shall not have application to family day-care homes. (b) No traffic, including traffic by commercial delivery vehicles, shall be generated by such activity in greater volumes than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such activity shall be met off the street and other than in a required front yard. (c) No sign shall be permitted. However, as an exception,the city council, upon a finding that a sign would not be detrimental to the surrounding neighborhood, may as a condition of the use permit allow up to one (1) sign, not to be illuminated or to exceed one (1)square foot in area, mounted flat against the wall of the residence. (d) No use shall create noise, dust, vibration, smell, smoke, glare,electrical interference,fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. Hogs Tooth Precision, LLC Agenda Item 6 Page 3 (e) The following uses are specifically excluded: Convalescent or nursing homes,tourist homes, massage parlors, radio or television repair shops,auto repair shops, or similar establishments. The proposed request to operate a Home Occupation— Firearm Sales business from the existing single-family dwelling, in Staff's opinion,will not change the character of the surrounding area, as it is a very low intensity use. The requirements of the Zoning Ordinance and the conditions recommended by Staff are anticipated to further ensure the compatibility of the proposed use and the safety of the surrounding area. As stated previously,the Virginia Beach police department will conduct a security assessment of the home. The assessment will consist of the following items: • Inspect all exterior lighting and recommend strategies for best lighting practices to be used; • Inspect all landscaping, looking for any conflict with lighting and any area where there may be places to hide • Inspect all interior and exterior door and window locking devices to insure that they provide adequate home security against burglary • Inspect all interior and exterior doors to determine adequacy of their strength against penetration by prying, force, or any other means • Inspect and review any alarm system that may be installed on the home • Inspect the room and safe where any firearms,firearm supplies,firearms parts, and money may be stored • If there are children in the home,the assessing officer will review safety measures as it pertains to firearms and the children. Based on the considerations above, Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment. A report shall be written by the Police Department, a copy provided to the applicant,the Planning Department, and a copy retained by the Police Department. Failure to meet with the Crime Prevention Office within one(1) month of the granting of this Conditional Use Permit shall result in revocation of the Conditional Use Permit. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL)through the Bureau of Alcohol,Tobacco, Firearm and Explosives (ATF) in order to conduct business. 3. All small arms ammunition, primers, smokeless propellants and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the business on the exterior of any building of any building on the property or within the yard of the property. 5. Not more than twenty(20) percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity with the home occupation. 6. There shall be no more than one (1) employees, other than the home owner, on the property associated with this home-based business. 7. Delivery of firearms to the property shall be received on the applicant's property only,secured by the applicant's signature. Hogs Tooth Precision, LLC Agenda Item 6 Page 4 8. The home occupation shall not create noise, dust,vibration, smell, smoke,glare, electrical interference,fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 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. Hogs Tooth Precision, LLC Agenda Item 6 Page 5 Site Photo i. iii 1 :J4t :L •:. •i ' "\ } r • • =- i • kr.....;...1=2„.` IIIi:IIIIIIIIN!' _ NH'1I lhiilI is • ..� .r I ..• 1 $ '4-' •!•5.'. . _ Hogs Tooth Precision, LLC Agenda Item 6 Page 6 Disclosure Statement Virginia Beach APPLICANTS NAME 112.91 j00,1 Prec;s/01 L L L DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City _ Property Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program Nonconforming Use Exce•tion for (EDIP) Changes BBoardaisf Zoning Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • a SECTION 1 / APPLICANT DISCLOSURE ' roR Oiy USE ONLY/All dls rlosnm mnt be updated two ON wrees pane m ale 1 Pagel of 7 I vim,,ny cummeslon and City r ountt nmennu l haipenaM] ome apperauwpi I lel ANTI -AN/ NOTIrIro Or HEARWc DA-r LEr NO CHANGES AS OF DA I! Jemmy O Rp9SIONn SLIBMIlIED LFlk MCHdflldl3 Hogs Tooth Precision, LLC Agenda Item 6 Page 7 Disclosure Statement ti vr<pw Beach ❑ Check here if the APPLICANT-IS NOT a corporation, partnership, firm, business, or other unincorporated organization. JFI Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. r�77 (A) List the Applicant's name:_L/L Jo�i__Prici£im._t If an LLC, list all member's rriames: iSfh 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 on I -rote • It it • r •m A••lia . Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER /S a corporation, partnership,firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name: ./CSe z 4E:6 If an LLC, Ilst the member's names. Page 2 of Hogs Tooth Precision, LLC Agenda Item 6 Page 8 Disclosure Statement • Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list If necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) r '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 §22.3101. 2 affiliated business entity relationship' means 'a relationship, other than relationship, that exists when ti)one business entity has a controllingPesin the other ownership interest in the other business entity, (re a controlling t rec in one entity ien a s nets controlling owner the other entity, e lid) idere is shared management x or control between the nsss tttirleFactors thatshould he considered in determining the aexistence of an affiliated businessnentity s:relationship includee 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 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 entities See State and Local Government Conflict of Interests Act, Va.Code S 2.2-3101. e SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the Application or any business ooeratinQor 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 Hogs Tooth Precision, LLC Agenda Item 6 Page 9 Disclosure Statement APPLICANT Virginia Beach YES NO I SERVICE PROVIDER Wu additional sheets If needed) ❑ ICT Accounting and/or preparer of W+ your tax return ❑ ®' Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other thin She Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ Er purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ Aaj. Construction Contractors ❑ Car Engineers/Surveyors/Agents Financing(include current X mortgage holders and lenders David Winfree selected or being considered to provide financing for acquisition ( or construction of the property) ❑ E Legal Services �,( Real Estate Brokers/ ❑ Ib Agents/Realtors for current and anticipated future sales of the sub ect •ro•ert _. e a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have QI an interest In the subject land or any proposed development ❑ RI 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 Hogs Tooth Precision,LLC Agenda Item 6 Page 10 Disclosure Statement • • Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. r1,e.4"/1,e.4"/z L.eE/S 0072OAFRIG APNT'S SIGNATURE PRINT NAME DATE Page 5 of Hogs Tooth Precision, LLC Agenda Item 6 Page 11 Disclosure Statement OWNER Virginia Beach YES NO L SERVICE L PROVIDER case'demean sheets if L_ needed) • X Accounting and/or preparer of your tax return _ _ ❑ X Architect/Landscape Architect/ Land Planner Contract Purchaser(If ether than ❑ X the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ X purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ X Construction Contractors ❑ x Engineers/Surveyors/Agents Financing(Include current X ❑ mortgage holders and lenders selected or being considered to David Winfree provide financing for acquisition or construction of the property) ❑ X Legal Services Real Estate Brokers/ ❑ X Agents/Realtors for current and anticipated future sales of the subject property _ 4 s SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development ❑ X contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Hogs Tooth Precision, LLC Agenda Item 6 Page 12 Disclosure Statement Ytpnu 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. OWNER'S SIGNATURE PRINT NAME DATE' Page 7 of 7 Hogs Tooth Precision,LLC Agenda Item 6 Page 13 Item#6 Hogs Tooth Precision, L.L.C. Conditional Use Permit Home Occupation—Fire Arm Sales 1247 Princess Anne Road District 7 Princess Anne December 14, 2016 REGULAR Jeff Hodgson: I'll ask la n to call the first item to hear. Kay Wilson: Mr.Chairman,if we could? Please Mr. Inman would note your reason for abstaining. Mike Inman: My firm has a relationship with the owner of the property. Kay Wilson: Thank you. Jan Rucinski:Our first item to be heard today is item 6. Hogs Tooth Precision, L.L.C.,which is an application for a Conditional Use Permit(Home Occupation—Fire Arm Sales)on property located at 1247 Princess Anne Road,District 7, Princess Anne. Is there an applicant for this application? Can you come forward and state your name for the record please. Frank Leek: I am Frank Leek with Hogs Tooth Precision, L.L.C. Jan Rucinski: Okay. Can you tell us about your application? Frank Leek: My application, I wasn't aware there was any opposition to it until last night. And I've seen spoken with Mr. Brock,who is one of the people who wrote the letter, I guess to the Planning Commission. I've already gone through all the requirements for Federal FFL application.They are just waiting on the Conditional Use Permit from the City. In Mr. Brock's letter,some of the things he is concerned about are already governed under Virginia Beach law,such as discharging firearms. There would be no discharging firearms on the property. I told him I've lived there for ten years. I've never discharge a firearm on my property, and it is not going to change now. One of the other issues that he had some concern with was with parking. I've got a driveway that is over 150 feet long. It is Pungo for those who are not aware. I'm going to deal with one person at a time. I have ample parking. Let's see. I've told him,if anything,there is even more, I guess leverage that he has in his concerns about Conditional Use simply because not only do I have to abide by the City of Virginia Beach. I've got to abide by Federal and State laws as well. There is over 114 that I know of FFL holders in Virginia Beach and of those, I only know three,where weapons are discharged on the property,and those are all places where there is a gun range on site. Part of the issue that Mr. Brock had, I guess, his family has owned the property in Virginia Beach since the 1800s,and some of that stuff has been divided up over years and there has been Conditional Use Permits for other people that were later down the line taken to conditions that weren't in the original Conditional Use Permit. I've read the conditions of my Conditional use Permit and I have absolutely no problem with any of those conditions. And that is basically. I don't know if he still opposes. I spoke to him on the phone. He seemed to feel much better Item#6 Hogs Tooth Precision, L.L.C. Page 2 about it. He did say,you know,somebody's word is only their word until you see it in place. Well, unless I have the Conditional Use Permit, I can't prove otherwise. Jeff Hodgson: Thank you. Are there any questions? Donald Horsley: I think the reason why Mr. Brock, normally when people applied for a Conditional Use Permit,they go ahead and talk to the neighbors,and I don't think you had done this. That is the first step is to go around and get your neighbors on your side,and that is the first step. I think that's probably his main concern. Frank Leek:Yes sir.As you can see there, I am complete surrounded by a nursey,and I did go speak to them. Donald Horsley: I know where you are. Frank Lee:And I spoke to everyone at the nursery, and I told them what was going on. What I didn't do is go and speak to the person who actually owns that property that is leased,and that is my fault. Donald Horsley: But you have talked to Mr. Brock now? Frank Leek:Yes sir. He and I actually sat next to each other this morning at the pre planning hearing. Donald Horsley: And you think he's fine with it now? Frank Leek: Yes sir. Donald Horsley:He is not here I don't guess. Frank Leek: My understanding was that he wasn't coming. Donald Horsley: So, I assume he is okay with it. Thank you. Frank Leek: Yes sir. Jeff Hodgson: Are there any other questions? Alright,thank you sir. Jan Rucinski:There are no other speakers. Jeff Hodgson: We will close the public hearing and open it up for discussion amongst the Commission. Donald Horsley: Mr.Chairman,since the applicant has met with Mr. Brock and gotten squared away with any concerns that Mr. Brock had, and I am assuming that Mr. Brock would still be here,and so I would make a motion to approve the application. Jeff Hodgson: A motion made by Commissioner Horsley. Item#6 Hogs Tooth Precision,L.L.C. Page 3 Bob Thornton: I'll second it Jeff Hodgson: A second by Commissioner Thornton. Mr.Weeden? AYE 11 NAY O ABS 0 ABSENT O HODGSON AYE HORSLEY AYE INMAN AYE KWASNV AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 11-0,the Commission has approved the application of Hogs Tooth Precision, L.LC. . ., m.-- . 1 ,' •\ r•--- -1 I, . : ...,,.• --)0 . _-- ii.„ : .. 4 - LI 1 el .;--- .... .1/4......__, ' 0 * 0 1111' . Ir. /II 0 ..... ... . . . , , 0.. ce • 4 5....... ,,•,\.., c., ,.... I • k t \ _----• 1 1 ill \ i 4 % _— IL ..• .,,i lk a 9. ',. . Our= ge 111. ' 11_ lik 1 \ I ' . k 07 Ce \I, , .. - --- ---. 0\7\ w...:. ---- e- % -_-_-------- ix ci ix ._ ...,:. ,_,..: • ..... ....--------'--------' ,, .. .' . • .. , *. . ..,.. ,. .._. .. 0000000001p. ...., t,. 0,. ..... ,., ... ._.........,..,_,......,... .. .. ..,,. :. _ „..,,. ..,,.,, ..,..,_.,..,. ., ._ ,.,_.... ; (ttf e S), 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: February 21, 2017 • Background: This request was deferred by the City Council for 60 days at the December 6, 2016 meeting. The deferral provided the applicant additional time to develop a preliminary stormwater management strategy, as recommended by the Comprehensive Plan for proposals subject to special drainage considerations in the Southern Rivers watershed. The applicant submitted a preliminary drainage study to the Development Services Center(DSC) outlining a proposed stormwater strategy for the development. The DSC Staff concluded that the proposed conceptual stormwater strategy has the potential to successfully comply with the stormwater requirements. However, this review is not a formal approval of the submitted stormwater plan. More details will be required and a formal review will take place during the site plan approval process. The City Council also requested information pertaining to the Base Floodplain Elevation (BFE) of these site and the potential for flooding of these properties post redevelopment. Staff determined that the closest Special Flood Hazard Area is Stumpy Lake, which has a BFE of five feet. The ground elevations of these properties appear to be at an elevation between eight and ten feet, which equates to three to five feet above the BFE. The City's requirement is that the finished floor elevation must be at least two feet above the BFE; therefore, Staff believes this requirement can be met. The specific details relating to site elevation and unique drainage characteristics of these properties will be provided to the DSC during construction plan review. 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. McQ Builders, LLC Page 2 of 3 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- 5 zoning, likely up to six units per acre could be achieved. As proposed, the density will be 10.90 units per acre. In Staffs 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. 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 Staffs 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. McQ Builders, LLC Page 3 of 3 • 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 Dep. • •.e cy: Planning Department] City Manager: flIVB Applicant 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- wry,O'"e a 12)) `A� i a 1 o he\.(O ,`'e °'w^eo'\e,A'^ Staff Planner = � Carolyn A.K. Smith i lho `^dt9' co, °"e Location a 4732, 4712,4708 &4704 Indian River Road WW1,elate a GPINso 1474090407, 1474090287, 1474091138 & a 1474092019 a "rle,�"'^ Site Size 4.368 acres sto•‘w AICUZ Less than 65 dB DNL Existing Land Use and Zoning District Single-family dwellings/ R-10 Residential Surrounding Land Uses and Zoning Districts • North - c" ?'` Single-family dwellings/ R-10 Residential ", �_ � South ,0311,0311. � n Independence Boulevard i��,�i Single-family dwellings/ R-10& Conditional R- 9, ' s,F o 10 Residential t%�, 4 4 ;. East �� ` ;_, 1� d' Single-family dwellings/Conditional R-10 ,,���`'4 0 Residential c•� ,,,e lo; > West Indian River Roadof� 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 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 } PP 4.0 4Zoning History .� - # Request R- ' .iffr 1 MOD(Proffers)Approved 12/20/2005 P-1" ',;,/R- 0 '` CRZ(R-10 to Conditional PD-H2 (R-10)Overlay) Approved 12/14/2004 1 -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 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 13,600 ADT 1(LOS°"C) Indian River Road 15,650 ADT 1 16,200 ADT 1(LOS°"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 (LOS°"E") 1 Average Daily Trips 2 as defined by 4.4 acres of 3as 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. 1"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 ilf p ;.1, o fLIJ a lilts is:11, k 0? Q?Pd/�3Y108 37N34N3d3QN r - has` il 3r 1. Alt-'1,2. ' 're illok.i' •ii g „ MI ems' g ` -• • ,,,,,,, tot,. ,, , . , +i e1k- ® . • .'. .-.447".„41.16, t =t . ff irl I .,.‘46-874r#e Cd a N, . ,, ,,,,i,,.:. •40 it., --;,.0 ,...,,,,, . ® 4. eer §bO k *A., erT m< , _. 4t, Q ems . , �- �. 0, 0 I '#44\':*:.' W' . ' ..' ' ! V Ta,% -..,,,1 ' ' 0011111 Ilfr:1;:, ,..l I .•,.7(. IX 4 w J• > h, int < 8 Iii Z i :24Noh a . ,J, t gal V, Q < m 0I ! 1 - - ' litag.i t 44 111.. /1 IA fal< M McQ Builders, LLC Agenda Item D3 Page 7 Existing Site Survey I fin- ..-...::ra-.w..,<r:-_.•ravru�.+ .r. aa°ea..0 a.ma„•.x a: .y..: Oft Mk regod ,7 `p'=:.:N.:"".'i-r;s)Ir .n.. .-_ ass- uo•u.Nao+.Ns tuM 7r,u:ae w x ":".1""-7'".r4"1"."" ''' eui01sWionro101•1101 A4wnrY�� , `.�1 aa,nwsa POONIA ar 1,7 ". y;rF,J I T 1 - — -- -- j ofii i + < "I"lit �f �P , i3 ! ` • ie X11. pk; \, !II QQ itt!iit" `" ' Ye 14 ! Kitt ii l 'Tr. Om, I, Ela .. 11. ..c. p'i, � e-4tft tet g Ili I 41i t 1- 1,,r j 4p� a -- -------,�..--------- f 1:41 61;10;1 >6 I. Fi%' Iii 1 iii II it t' .$ec _ it• ' . ly Baa �ti \ tCP u I>, ,I. p�e.l,€.! `ill `!! 1-i i 1 'egg ii��1eplFlcl@r e 1 IT .e b 3 `i ; EE I • ° T. ! I'.o yis ,:: a ..— ----- i 1 ;'i E Y l'If F °y ' S 1/i:Nit! r 1 111! I. °!ai<< ; Iii e� 9 ° % 1411 II i � , _ f-,?. t$ Ce Ia6 x 1 ' ii ii a rb I1II!J f ' ! 114,941;0 liti! id' 10111PKIII14i 14i ' IIIIIIiLI1IJ r Illi Mcg Builders, LLC Agenda Item D3 Page 8 Proposed Elevation '° III I ilii ,,, gyp,. •.� / • �, . III , �' -i / _ II ��IIIIIIIII, " �'.I_- ^ ! iii,q_/ . 1:illt"'l 14 4 . ' \ lun a I�� n` nIl t 1 1 OilI 4 Ifo -L_ - . 111111111 _ i ter . I. i : R� , o � � • . n....._____. • A-0 .II I I it �— ++• + ti 1f M, , ,,,,.._„„ !- IIIHIII }J,ç I 1!1,11r , i 7 , 11 -------' ' sill 'ary"--] , 1 i'. It N., I - ..., ..., : if 00 il F. O q u 1111111 _— S aI 14111 c - 3 b 5 a I n } ,,.'.k'� r�+'.l'• q• 'O C U F ' 1 .I1" I '11 �I. ' �,—;O III I 1 w1 •I'I,. lif ▪ o ., s 8 o 'II IMP dd; 111 ti-a�l _11111 `. a c m yya o g _irl-i . _ �I 7.t..-. 'iaa ; 4- hllagi i < u,L LggUD q o.. n N a o m3 3 IV i '11 i >.s.� g t, qyJ it A = h 9 vCC IJP 1\+ bi y N �0 q „ + e x 4 ?lc: 4 M. L 3 V O V V Jv ,,,... :.,/ -,...' . 04,,, .4 + • < B ec' �' t.4.1 ;• ,t,„,A. McQ Builders, LLC Agenda Item D3 Page 9 Zoning Exhibit A E.tO Rte• INP: * R.!0 t0 Q 9` fff J % kt , • tip ' R-16 t,.i�" RICWcr----- 411.------------ -----4' �,i 1 a r ' '� , 1 tom/J l _•. � : .- t �' "' Rc x, t.,5 Q R'5' tilli R tc —. r r �_�. f 1 1 r' -I 1C , ' P 1116 ' elt USW s R-to Legend $�� d -Subtect Site ° /� 1r„,...---,4 11-'0Zoning '% t : ` - t . 5 Rt Apartment Distract 'r ti atcr a Preservation District / N \ 0 Restdential District \\ `✓-�,'�'J p,/ \ - R-15 McQ Builders, LLC Agenda Item D3 Page 10 Site Photos --\ "4 Ave..::-... -,..m..-- �Z ' •c, " Fes` A' p 1.: V _' qv .-, .- -74-....drio . _. _. _. . _. . . ,...,. . -,,....f a 41111 464r.: ,.., . —....-- illt ' Oti..., : . •' .4 .'".. lit McQ Builders, LLC Agenda Item D3 Page 11 Disclosure Statement Vuginia Beach APPLICANT'S NAME: 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 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 • e 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 dadoa ure!muss be updated two(2)weeks prior to any Page I of 5 Flaming Commission and City Cou nnl onetime'that pertains to the applicationls). 9 APPLICANT NOTIFIED OF HEARING DAl E'. Er NO CHANGES AS OF 2., - ( i— DATE. 2-.41.17 ( Ir n REVISIONS SUBMITTED DATE C3rOlyn Smith McQ Builders, LLC Agenda Item D3 Page 12 Disclosure Statement Si A Vi ginia Bench ElCheck here If the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT /5 a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Mea 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) See next page for information pertaining to footnotes) and 2 a SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner Is different front Applicant. I Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. W Check here if the PROPERTY OWNER IC a corporation, partnership,firm, business, or other unincorporated organization,gyp Thai complete the following. (A) List the Property Owner's name:See Attached Multiple_O_wne_rs If an LLC, list the member's names:-Paul Warner(Hollis Roads Associates, LLC Page 2 of S McQ Builders, LLC Agenda Item D3 Page 13 Disclosure Statement VirginiaBeaeJi 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 (0 one business entity has a controlling ownership interest in the other business entity, (III a controlling owner in one entity is also a controlling owner In the other entity,or there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there Is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va.Code§ 2.2.3101. e • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the suhlert of the application or any business ooeratlna 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 3. 't.4s�':� '\ v"°.'yeA.5-`,' rsia% `T APPLICANT , VL{InaBeaell YES NO SERVICE 1 PROVIDER(uiaaddldbria sheets it needed) ❑ PdUI HamaEl Accounting and/or preparer of your tax return El ❑ Architect/Landscape Architect/ MSA Land Planner -CE4u*IS (Aat$ Contract Purchaser(if other than ❑ ❑ the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed n n purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors s/ ■ Engineers/Surveyors/Agents MSA Financing(include current ❑ ❑� mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n ❑ Legal Services Henry t,rrenex Real Estate Brokers / Jerry Miller ❑ n 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 El 2an 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 CERTIFICATIOIt • I certify that WI 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 m•• . , . lc body or committee In connection with this Ap 'leaden. le.n#%r,€Ieo 4/74 APPLICANTS SIGNATURE PLANT NUE DATE PROPERTY OWNERS SIGNATURE PRAM NAME I DATE Page S of$ McQ Builders, LLC Agenda Item D3 Page 16 Disclosure Statement /l'=zz„ OWNER Vhginin Bend, YES I I NO I SERVICE PROVIDER use addinonal sheeug r� needed _ (DI Inccoumin9 and/or preparer of WALTER BERRY , CPA K� your tax return ® Architect/Landscape Architect/ N/A Land Planner Contract Purchaser Of other than the Applicant)-identify purchaser MCQ BUILDERS LLC and purchasers service providers Any other pending or proposed ❑ purchaser of the subject property n/a (identify purchasers)and Iv purchasers service providers) LiLKConstructionContractors n/a nEngineers/Surveyors/Agents _ n/a -- -- ” I Financing(include current X I mortgage holders and lenders selected or being considered to Resource Bank I provide financing for acquisition or construction of the property) II RI - - - )( legal services n/a Real Estate Brokers/ Jerry Miller Agents/Realtors for current and gallery Of Homes real anticipated future sales of the subject property estate SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO I Does an official or employee of the City of Virginia Beach have 1 — 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 McQ Builders, LLC Agenda Item 03 Page 17 Disclosure Statement NB _lavhes L C,,;-4'avtv4',` 4' WNER 'Virginia f YES] NO 11 SERVICE i iAOVIDERmwadmwdsbnisif i needed, FlAccounting and/or prepare'.of I your tax MUM • Vi Architect/landscape Archkect/ ineltc lJ Land Planner ❑ i A1 Contract Purchaser Of other then i . c.r,- t 'eteys,LLX- tLhe �asl-klentlfy purchaser I,` 'i - ;and purchaser's service providers 1 _- I Any other pending or proposed ❑ {T� I purchaser of the subject property IA1 (Identify purthaserO)and �]'I purchaser's service providers) ❑ '}�' Construction Contactors �— _ [] 'IZJ Engineers/Surveyors/Agents Financing dnclude current ❑ p1 mortgage holders and Fenders i Id selected or being considered to provide financing for acquisition I or construction of the property) -- 0 ISI Legal Services I Real Estate Broken/ 1 fV 11 U 24^ ❑ I Agents/Realtors for current and I_SeOOil - I anticipated future sales of the subject property _ . SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ td an interest in the subject land or any proposed development TY 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? if' art _— /rage 6 of McQ Builders, LLC Agenda Item D3 Page 18 Disclosure Statement Rhl-ug_ ;ncs40.v(l3 OWNER S YES NO SERVICE _---�, I PROVIDER Puce addibndsheeua made* ❑ 14 I Accounting and/or prepares'of your tax return ❑ fp I Architect/n landscape Architect/ F-- Land Planner _I 1 Contract Purchaser Of other than ❑ eh.eAaRcoBV-identify purchaser I and purchaser's service providers 1 Any other pending or proposed • �r&-pz,, c12✓s I f1 ❑ purchaser of the subject property I(identify purchaserfs)and ' purchaser's service providers) 1 _ ❑ f Construction Contractors ❑ rn I Engineers/Surveyors/Agents I financing(Include current ❑ mortgage holders and lenders Id selected or being considered to provide financing for acquisition 1 or conservation of the property) ❑ & 11 - _ lagal5wices Real Estate Brokers/ ly'�i11 Zy- ❑ I Agents/Reakors for current and -.) Vtt� anticipated future sales of the '1 subject property __— _ i --- SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have rr yi tt an interest In the subject land or any proposed development ❑ LCI 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 l McQ Builders, LLC Agenda Item D3 Page 19 Disclosure Statement Y_3 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form Is complete,true,and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing. I am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. NPuCANCS SIGNATURE RUNT NAME DATE G eag% z H3LLIs RD. ac Parrner Michael P warnerPartner ft%Tt/1R PROPERTY OWNERS SIGNATME RUNT NAME I DATE Page 5 of McQ Builders, LLC Agenda item D3 Page 20 Disclosure Statement V3 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. APPUcANT's sIGNATl0.E PRINT NAME 6 DATE /04 PROPERl. '� T t Itt�OWNER'S SLNAIRPRINT NAME rDA Page 5 of 5 McQ Builders, LLC Agenda Item D3 Page 21 Disclosure Statement V3 Virginia Beach CEBTf7CATION: I certify that all of the information contained In this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANT'S SIGNATURE PRINT NAME DATE X .� JJa4, ai Annie .T filar; lj PROPERTY OWNER'S SR: PRINT NAME 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 Hams 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 ttD3 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 he 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 McQ 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 he 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-30,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 ABSO ABSENTO HODGSON AVE HORSLEY AVE INMAN AYE KWASNY NAY OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AVE 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. a a CITY OF VIRGINIA BEACH _� INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-9715 DATE: February 9, 2017 TO: Mark D. StilesesDEPT: City Attorney FROM: B. Kay WilsonJR 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 February 21, 2017. 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/ks 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. EEC, 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-I (`-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. Grantees 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 pan 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 teens 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: I. 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 6110/16, 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 terns 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 maybe 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 (h) 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. Hatris (SEAL) Catherine Harris HOLLIS ROAD ASSOCIATES,LLC By: 4"?i.✓(SEAL) *A7ioeis 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: 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, LrBnn in. FUN1 t , the undersigned, a Notary Public in and for the City and State aforesaid, do hereby certify that fflehatD.tfrklrner . whose name is signed to the foregoing instrument as!{ner for Hollis Road Associates, LLC, has sworn to, subscribed and acknowledged the same before me in the City and Commonwealth aforesaid this ld+"'b day of ix✓ , 2016, on behalf of said Iimited liability company. aanntrii I/120 Notary Public My Commission Expires: Jt ne ra01q Registration No. _1500aCe WITNESS the following signatures and seals: Aniy .� a , 2(4ZQ-{SEAL) _/� (SEAL) J., es_,C. Harris ��/ L: ac-1 '.0n(_ efiell --(SEAL) Catherine Harris HOLLIS ROAD ASSOCIATES, LLC By (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit:t I, nin fl I ktn the undersigned, a Notary Public in and for the City and State aforesaid, do h reby certify that Annie Harris, has sworn to,subscribed and cknowledged the same before me in the City and Commonwealth aforesaid this •day of t-nitc, 2016. rI My Commission Expires: 13( I20co/ N°etc. ._ Registration No. (G 3413 = g ED [ 0.EG.""- SONi < ? OM10.E5 y MyG ize STATE OF VIRGINIA o '•., oEi�)i2Ozo; z,J CITY OF VIRGINIA BEACH, to-wit: "•s;°'oy ..... of I, brXpl-. y-` 14uc��5n n the undersigned, a Notary Public in and for the City and State aforesaid, do hAreby 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 1344'day of Se mb.c 2016. .1�0.)--.44 Notary Pu is My Commission Expires: 1-13160 Registration No. I G 3.43 • _ _ ••7n•a. ••u1Ril•• MS A.P.C. ••''LC t. 5033 Rouse Drive, Virginia Beach, VA 23462-3708 It' t 1• ••rl,l �i'i Office (757) 490-9264 • Fax (757)490-0634 ••z=nol ivivn.ntsamdine.com Itnilltillt 1.1 in ironmental sciences• Planning• Surveying• Civil& Environmental Engineering • Landscape Architecture Leval description for Lot 7 (M.B. 88. Pe. I I) GPIN: 1474-09-0407 Al]. 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. Less and except that portion of property conveyed to the City of Virginia Beach, Virginia in Map 13ook 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 (MB. 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 of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the Property. I'eieran Owned Small Business morel LN IG ISI MSA,P.C. � t^'I PJB 5033 Rouse Drive, Virginia Beach,VA 23462-3708 �iiI b.7 i p�� � Office(757)490-9264• Fax (757)490-0634 ! rep la Imo ansaonline.com Environmental Sciences•Planning• Surveying• Civil& Environmental Engineering • Landscape Architecture Legal Description for Lot 8 (D.B. 643. Pg. 163) GPIN: 1474-09-0287 Al.L 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 643 at page 163 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 feel 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 of way, private roads and other rights of access, ingress and/or egress adjacent to. appurtenant to or in any way benefiting the Property. 'eteran Owned Small Businers illirinkVIMM. SI SA. P.C. EI Is^a'.l■ EP MC iliIl Rouse Drive, Virginia Beach,P.4 23462-3705 arik ' IN Office (757)490-9264• Fax (757)490-0634 11/1=V■■C srww.msaonline.com irlige.lEnvironmental Sciences •Planning• Surveying• Civil& Environmental Engineering• Landscape Architecture Legal Description for Lot 8A (M.B. 8. P . 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, 1474-09-1 138 & 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 (Da. 643, Pg. 163) GPIN: 1474-09-0287 and Lot 8A (M.B. 8, PG. 1) (GPIN: 1474-09-7138) (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. I'eteran Owned Small Business Ial 11/41 IIU NiSA, P.C. 111110'a ,JU 5033 Rouse Drive. Virginia Beach,V A 23462-3708 W ILL'`.�Yylt Office(757)490-9264• Fax (757)490-0634 MI▪ �'ill nvnsa. saonline.com Irwin 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,Y.C., dated November 17. 2015 entitled`Boundary Survey of Lot 7 , Lot 8, Lot 8A & Lot 118, GPIN: 1474-09-0407. 1474-09-0287, 1474-09-1138 & 1474-09-2019,#4732.#4712, 44708 & 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 (MB. 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°14141" 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 ofway, private roads and other rights of access. ingress and/or egress adjacent to, appurtenant to or in any way benefiting the Property. I'eteran Owned Small Business L. APPOINTMENTS GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION OPEN SPACE ADVISORY PARKS AND RECREATION COMMISSION RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION-VBCDC WETLANDS BOARD WORKFORCE HOUSING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ...................... If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY OF VIRGINIA REACH SUMMARY OF COUNCIL ACTIONS DAFE92/07/2017 PAGE'. 1 D A AGLNDA V S ITEM tI SUBJECT MOTION VOTE A L R F W B N F I S II 1 B P DNORMS H LW O 0 Y LNAOOR SO TR F EENSM 1 00 S ES S N N_ D CITY COUNCIL BRIEFING 2040 VISION TO ACTION Peggy Layne,Chairman COMMUNITY COALf]ION B CITY MANAGER'S BRIEFINGS NON-EMERGENCY Chief David Hutcheson- MEDICAL CALLS BILLING Fire RESORT ENTERTAINMENT Ronald H.Williams.Jr.- DIS ERICA (DOME SITE/ Deputy City Manager PRE-RETREAT STRATEGIC Catherym Whitesell, INPU I' Director-STIR IIIAVN/ CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y V Y Y Y Y VINII SESSION AL I]G MINUTES: 11-0 Y TY Y Y Y Y TY V Y INFORMAL APPROVED and FORMAL SESSIONS January 17,2017 H MAYOR'S PRESENTATION Volunteer Resources Director lames L.Parke VI PUBLIC HEARINGS EXCESS CITY PROPERTY 1 Speaker a 1509/1513,1515 Indiana Avenue. b. 116, 117/119 and 121/123 N.Ocean Boulevard with adjacent vacant lot c. 1464,1466 Southern Boulevard d. 229,233 Roselyna lane 1521, 1525,and 1529 New York f Avenue 117/121 and 125/127 Man Lane g. 217 Middle Lane 2. EASEMENT 1 Speaker Nornilk Southern Railroad right-of-way CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS • DAIS:02/072017 PAGE: 2 D A AGENDA V ITEM p SUBJECT MOTION VOTE A E H E W B N E J S 0 1 B P DNOKMS H LW 00 V L N AOOR S 0 TR F E E N S M I 0 0 T J' R VS ES SN , N D Jl l Ordinances to AMEND the City Code: Article Ill of Chapter 26 re Charitable Solicitations ADOPTED,BY I1-0 V V V V V V Y YY V V CONSENT Section 26-36 re Term of Solicitor Permits h. 2 Ordinance re: 10-I Y Y Y Y V Y N Y Y Y Y Adult Learning Center,4160 Virginia ADOPTED,BY Beach Boulevard: CONSENT a. APPROVE the sale/ALLOW the School Board to RETAIN the sale proceeds b. AUTHORIZE the acquisition of the ('ester from the School Board AUTHORIZE the use of 53.5-Million from Various Site Acquisitions 11 for the purchase 3 Ordinance to DECLARE the Propmty at ADOPTED,BY 11-0 V V Y V Y Y Y V Y V V 217 Middle Lane to be in EXCESS/ CONSENT AUTHORIZE the sale to JAMES NORRIS DISTRICT 6—BEACH 4 Ordinance to DECLARE the following ADOPTED 9.1 N Y Y V V Y Y A Y V V properties EXCESS and AUTHORIZE the sale to OCEAN BAY HOMES, INC.: 1509/1513,1515 Indiana Avenue b. 116, 117/119. 121/123 N. Octane Boulevard; c. 1464/1466 Southern Boulevard d. 229,233 Roselynn lane 1521,1525, 1529 New York Avenue 117/121, 125/127 Matt Lane 5 Ordinance to AUTHORIZE ADOPTED,BY 11-0 V Y V YY Y V Y V V Y encroachments into City Property for CONSENT SIN BANCROFT, LLC re. playground/fencing at 1246 Bayne Drive DISTRICT 5-LYNNHAVEN CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE-02/07/2017 PAGE: 3 I) A AGENDA V ITEM p SUBJLCT MOTION VOTE A E H E W B N E J S U I B P DNOICMS II L W O 0 V LN AOOR SO T R E E ENSM 1 00 IT T R V S E 1 S SNNDI 6 Ordinance to AMEND the PY2016-17 ADOPTED,BY 11-0 V Y V V Y V V Y Y Y Y Operating Budget of the Department of CONSENT Housing and Neighborhood Preservation re:funding allocations for affordable housing 7 Resolution to AUTHORIZE/DIRECT ADOPTED,BY 11-0 V Y V V V Y Y YY Y Y the City Manager to EXECUTE an CONSENT Agreement between the Virginia Department of Agriculture/Consumer Services for partial reimbursement of the purchase of(ARP)Easements S Resolution to SUPPORT Use of Local ADOPTED,BY 11-0 V Y YLY V Y YY Y V Funding for "Centerville Turnpike CONSENT Phase III" 9 Ordinances to APPROPRIATE: ADOPTED 10-0 V V V Y V Y V AL V V a. $358,000 from Police Seized Assets Special Revenue Fund re quipmenurenovation b. $29.893 from the Sheriff's Seized Assets Fund re technical maintenance/support K'1 FOURTH SHOT, 1,1,C/DON APPROVED/ 11-0 Y Y Y Y V Y3' Y Y V Y BROCKWELL lir a CUP re Tattoo CONDITIONED Parlor at 1017 Laskin Road BY CONSENT DISTRICT 6-BEACH 2 JANICE P. FUCCI/BIRDNECK APPROVED/ 10-0 Y Y Y V V Y Y A Y V V ASSOCIATES for a CUP re Tattoo CONDITIONED B Parlor at 515 North Birdneck Road BY CONSENT S DISTRICT 6-BEACH T A 1 N F D 3 RICHARD SCOTT/LINDA B. APPROVED' 11-0 Y Y3' V Y Y V V Y Y Y ALLEN for a CUP re Residential CONDITIONED Kennel at 3769 West Neck Road BY CONSENT DISTRICT 7-PRINCESS ANNE CITP OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:02/092017 PAGE'. 4 D A AGENDA V S ITEM SUBJECT MOTION VOTE A E H E W B N E J S U 1 B P DNORMSH LW O 0 V L N AOOR S 0 TR F EENSM 1 0 0 'I IR VS E S SNND 4 PENNYMARIE S.LAZAUSKAD for APPROVED/ 11-0 V Y YVY Y V Y V V V a CUP re Home-Based Wildlife CONDITIONED Rehabilitation at 1704GrmdstoneCoun BY CONSENT DISTRICT 3-ROSE IIALL 5 EXPRESS OIL CHANGE & TIRE APPROVE]/ 11-0 YY V YVYY Y V V V ENGINEERS/SARROW ONE,LLC CONDITIONED for a CIDP re Auto Repair at 2136 BY CONSENT Princess Anne Road DISTRICT 9-PRINCESS ANNE 6 ALEXANDER P.KNAR Variance to APPROVED/ 10-I V Y Y V V V N YY Y Y 4.4(b)of the Subdivision Regulations CONDITIONED re lot width at 316 Mace Hill Street BY DISTRICT 6-BEACH CONSENT A LYNN PLAZA INVESTMENTS, APPROVED/ 10-0 V V V V YVY V Y V B LLC Variance to § 4.4 (b) of the CONDITIONED 5 Subdivision Regulations re lot width at BY T MS Lynnbaven Parkway CONSENT A DISTRICT 3-ROSE HALL N F D 8 MANOUSOS ENTERPRISES, Inc. APPROVED! 11-0 V Y V V YY V YY V Y Variance to d 4.4(b)of the Subdivision CONDITIONED Regulations m a flag lot at 1337 Ferry BY Point Road CONSENT DISTRICT 2-KEMPSVILLE 9 BIRDNECK STORAGE 2, I.I,C APPROVED AS &2 N Y V V V V N AY V V CCOZ from R-I0 to Conditional I-I for PROFFERED redevelopment self-stooge at 1044/1052 and 1054 Bells Road DISTRICT 6-BEACH IC TALLWOOD, LP for a CCOZ from APPROVED AS 11-0 V Y V V Y V Y Y V V V PDH2 (R-5)Conditional A-IS at 5705 PROFFERED Schoolhouse Road BY CONSENT DISTRICT 1-CENTERVILLE HEAITH SERVICES ADVISORY RESCHEDULED 10-0 V Y Y V Y V V A V Y V BOARD HIS'I ORIC PRESERVATION COMMISSION OPEN SPACE ADVISORY PARKS AND RECREATION COMMISSION RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY CI TY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:02/09/2019 PAGE:: 5 D A AGENDA V 5 ITEM p SUBJECT' MOTION VOTE A E H E W B N F 1 S U B P DNOKMSHLW O 0 Y LN A 0 0 R SO T R EEENSM 1 00 T T R Y S ES SNND BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION —VBCDC WORKFORCE HOUSING ADVISORY BOARD HAMPTON ROADS PLANNING Appointed: 10-0 V V Y Y V Y Y A Y Y Y DISTRICT COMMISSION— Unexpired thru 6/30/18 HRPDC Mayor Sessoms PERSONNEL BOARD Reappointed: 10-0 V V Y Y Y V V A Y V V Robert Brackwell Robert Scott 3 yr term 03/01/I7-022820 10-0 V V V Y YYY A Y Y V Appointed: John Bell 3 yr term 03/01/19-022e20 PLANNING COUNCIL Appointed: 10-0 V Y Y Y Y V V A Y Y Y Jessica Abbott 1 yr term 2/7/19d/3I/I% TOWING ADVISORY BOARD Appointed: 10-0 V V Y Y YYY AY V Y Michael O'Neil 3 yr term Unexpired thm 05/31/17. plus 3 yr term thru 5/31/20 TRANSITION AREA Reappointed: 10-0 Y Y Y V V V V AY Y V INTERFACILITY TRAFFIC AREA Karen Kwasny CITIZENS ADVISORY Robert White COMMITTEE 3yrtem 3/1'19-2/28/20 10-0 V Y V V Y Y VA Y Y Y Appointed: Joseph Edwards 3 yr term 3/I/Ip-22&20 10-0 Y V V Y Y V V A V V V CRY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS ' DATE'.0210720❑ PAGE'. 6 B A AGENDA V FILM 6 SUBJECT MOTION VOTE A G H F W B N E I S U I B P D N 0 K M S II I. W O 0 V L N A 0 OR S 0 I R F E EN S M 1 O 0 1T R Y S E S S N N D MM/O AIOURNMENT 241 PM PUBLIC COMMENT 3 SPEAKERS 741-250 PM