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MARCH 7, 2017 AGENDA
CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL ¢Nu BE,I MAYOR WILLIAM D.SESSOMS,Jft 1 L g $�vMA�~' CH VICE MAYOR LOUIS R.JONES.M p •District 4,{�p� JESSICA P ABBOTTK pati// District:, �+ Al BENJAMIN DA 4ESPORT..ALarge ROBERT M DYER,Centerville District I BARBARA M HENLEY,Princess A 11 '. SHANNON DS KA N£ Rose Hall District 3 C JOHN D.MOSS At talge 'wytle. JOHN E LHRIN,Beach large 5 ROSEMARY WILSON.Al-Large JAMES L. HOOD.Lvnnhaven-Daudet 5 (771 HALL BUILDINGVE CITY COUNCIL APPOINTEES 34tH C'OURf[LOUSE DRIVE CITY MANAGER DAVID L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY MARK D.STILES CITY COUNCIL AGENDA PHONE-(357)385-4303 CHI ASSESSOR JERALD D.BANAGAN FAX(759)385-5669 CITY AUDITOR LYNDON'S REM/A.4' March 7, 2Q1�I3/ E-MAIN CNCncl(EyDgm'AOm MMC CITY CLERK RUTH HODGES FRASER. MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL BRIEFINGS - Conference Room- 2:30 PM FY 2017-18 RESOURCE MANAGEMENT PLAN (BUDGET) CAPITAL IMPROVEMENT PROGRAM 1. ROADWAYS Phil Pullen, Transportation Engineer—Public Works 2. ECONOMIC VITALITY and SGA Warren Harris, Director—Economic Development Kathy Warren, Director—Strategic Growth Area Office 3. COASTAL Phil Roehrs, Water Resources Engineer— Public Works II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Carlos Rodriguez Pastor, Redeemer Presbyterian 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 21, 2017 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARING 1. EXCESS CITY PROPERTY Veteran's Care Center near the intersection of West Neck Road and Nimmo Parkway I. PUBLIC COMMENT 1. CAVALIER TOURISM DEVELOPMENT FUNDING PROGRAM ATLANTIC AVENUE REALIGNMENT J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code § 23-59 re requirements for Off-site Parking Facilities 2. Ordinance to RE-ADOPT the Hampton Roads Hazard Mitigation Plan 3. Ordinance to AMEND Ordinance ORD-3326E to INCREASE the Gap Financing Authorization re the Cavalier restoration project and to AUTHORIZE other ACTIONS consistent with the State Tourism Development Financing Program 4. Resolution to AUTHORIZE the City Manager: a. APPLY for a Transportation Partnership Opportunity Fund Grant re the partial realignment of Atlantic Avenue b. PETITION the Commonwealth of Virginia Transportation Board to TRANSFER certain Real property to the City of Virginia Beach 5. Ordinances to: a. DECLARE approximately 26 acres of City property at West Neck Road and Nimmo Parkway in EXCESS b. AUTHORIZE the TRANSFER of the property to the Commonwealth of Virginia re development of a Veteran's Care Center c. Resolution to DESIGNATE two (2) options for a new School site 6. Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement between the City and UDT/SEAL Museum Association, Inc., re: a Navy SEAL Monument at 38`" Street and the Boardwalk; and, AUTHORIZE the City Manager to ACCEPT DONATION of the Monument upon completion 7. Ordinance to AUTHORIZE an Independent Audit of the City of Virginia Beach and Development Authority finances to enter into a contract with CliftonLarsonAllen, LLP for $178,600 (estimated) 8. Ordinance to MODIFY the Wildlife Response, Inc. Lease to EXTEND construction milestones 9. Ordinances to AUTHORIZE temporary encroachments: a. BAYLAKE PROPERTIES, LLC - a portion of City property known as Lake Joyce and the 20' strip of City property adjacent to 4444 Shore Drive re pile piers and access walkways b. OCEANA DEVELOPMENT, LLC - a portion of City property known as Canal #2 at Progress Lane to install a storm drainage pipe 10. Ordinance to APPROPRIATE $14,976,969 of the Multi-Modal Fund re Norfolk-Southern Right-of Way Acquisition Refund Account 11. Ordinances to ACCEPT and APPROPRIATE Grant Funds from the Virginia Department of Emergency Management: a. $10,000 to the Office of Emergency Management re: capabilities and training for the Citizen's Emergency Response Team b. $49,151 to the Virginia Task Force 2 Urban Search and Rescue Team re communication equipment K. PLANNING I. ELBOW ROAD INVESTMENTS, LLC and LYMAN STUART CLARKE for a Variance to Section 4.4 (b) of the Subdivision Regulations re lot width at 4261 Elbow Road and a parcel at Eastern corner of the intersection with Indian River Road DISTRICT 7-PRINCESS ANNE RECOMMENDATION: APPROVAL 2. RIVER CITY RECOVERY, LLC and MASAG II, LLC for a Modification of Conditions re a Bulk Storage Yard to store repossessed vehicles at 1528 Centerville Turnpike (Approved January 12, 2010) DISTRICT 2 -KEMPSVILLE RECOMMENDATION: APPROVAL 3. CENTRAL DRIVE MINI STORAGE, INC. for a Modification of Proffers re size and location of building at the Northeast corner of General Booth Boulevard and Nimmo Parkway (Approved May 27, 2014) DISTRICT 7-PRINCESS ANNE RECOMMENDATION: APPROVAL 4. THE BUNNY HUTCH, INC. and JUSTIN M. FAILLA for a Conditional Use Permit re a Wildlife Rehabilitation and an Animal Shelter at 1165 Jensen Drive DISTRICT 6-BEACH RECOMMENDATION: APPROVAL 5. SMARTMOUTH BREWING CO., LLC and RUNNYMEDE CORP. for a Conditional Use Permit re a Craft Brewery 313 32nd Street DISTRICT 6-BEACH RECOMMENDATION: APPROVAL 6. MCDONALD GARDEN MARKET, LLC and PMIG 1020, LLC for a Conditional Use Permit re an Open-Air Market at 4664 Princess Anne Road DISTRICT 2-KEMPSVILLE RECOMMENDATION: APPROVAL 7. CITY OF VIRGINIA BEACH Ordinance to AMEND § 7.3.1 of the Oceanfront Resort District Form-Based Code re Alternative Compliance for parking RECOMMENDATION: APPROVAL L. APPOINTMENTS AUDIT COMMITTEE GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION —VBCDC WORKFORCE HOUSING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ...................... If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 **************._**** Virginia Beach City Council Speaker time Limits ORDINANCES/RESOLUTIONS: Each registered speaker 'till ha%e three (31 minutes lo support thr document 01 rspress concerns PLANNING ITEMS: Applicants, or their Iepresenlaliscs. "ill Ilan' ten 1111) minutes to (feline the nerd or evplain the intent plus three (31 minutes rot Mutual Speakers Rill hast Ihitt (ll minulcs 10 speak once in favor or opposed. CITY COUNCIL CIP BRIEFING AND BUDGET WORKSHOP SCHEDULE FOR THE FY 2017-18 RESOURCE MANAGEMENT Tuesday,March 7th Tuesday,April 18th Roadways—Ci Brief Virginia Beach City Public Schools Economic Vitality—CIP Briefing Libraries Stormwater—CIP Brief Economic Development Agriculture Convention and Visitors Bureau Tuesday,March 14th Housing and Neighbor Hood Preservation Coastal CIP Brief NPI ( I AI I t d<Mt 11 Sf SSI(lN Park and Recreation -CIP Briefing I'rJ die Ilea riuu 6.00 I'M I ui t imuerl ('Humber Tuesday,March 21" Information Technology—CIP Briefing Tuesday,April 25th Water and Sewer—CIP Briefing Cultural Affairs Museums Parks and Recreations Tuesday,March 28th Treasurer Presentation of Cu) Manager's Proposed Budget Commission of Revenue General Registrar City Attorney Tuesday,April 4th City Auditor Commonwealth's Attorney City Clerk Sheriff and Corrections Real Estate Assessor's Office Juvenile and Domestic Relations District Court Information Technology Circuit Court Finance Magistrates Office Human Resources Juvenile Probation Communications Office General District Court STIR office Emergency Communications and Citizen Services Debt Service Emergency Medical Services Budget and Management Services Fire Department Non-Departmental Office of Emergency Management City Manager's Office Police Department Thursday,April 271h(Called Meeting) SI'f(l Al I (IRVIAl SESSION Tuesday,April 11th I'ObHc I Lin ine 6011 I'M Planning Is,n.rd� I liuh S,hni�l Public Utilities Public Works Tuesday,May 2" Health Department Reconciliation Workshop Human Services Clerk of Circuit Court Tuesday,May 9th (Called Meeting) Budget and CIP Vote CITY COUNCIL CIP BRIEFING AND BUDGET WORKSHOP SCHEDULE FOR THE FY 2017-18 RESOURCE MANAGEMENT Tuesday,March 71h Tuesday,April 18th Roadways—CIP Brief Virginia Beach City Public Schools Economic Vitality—CIP Briefing Libraries Stormwater—CIP Brief Economic Development Agriculture Convention and Visitors Bureau Tuesday,March 14'h Housing and Neighbor Hood Preservation Coastal CIP Brief V'ItIU If IRNI A I ''I SSIUV Park and Recreation -CIP Briefing 14,Hhc l Icii uw fAol'VI I ih [ ohm,d I hunker Tuesday,March 21" Information Technology—CIP Briefing Tuesday,April 25th Water and Sewer—CIP Briefing Cultural Affairs Museums Parks and Recreations Tuesday,March 28th Treasurer Presentation of Cite Manager's Proposed ISudgel Commission of Revenue 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 27th(Called Meeting) c,I'I r1 U I ORM'I S(SSII)A' Tuesday,April 11th Prel Ilsaiinu ouo I'll Planning Il.n adc Ihnb Saliuol Public Utilities Public Works Tuesday,May 2n° Health Department Reconciliation Workshop Human Services Tuesday,May 9th(Called Meeting/ Budget and CIP Vote HEAR YE, HEAR YE .11 I 101 KIII lN(111101 S \\II '4 \ FNIF:F \ I5 A ( l11 11OIJDAI BY ORDINANCE, JULY FORMAL SESSIONS OF VIRGINIA BEACH CITY COUNCIL ARE SCHEDULED FOR THE FIRST and SECOND TUESDAYS IN JULY 2017 VIRGINIA BEACH Cfl'l' (OUNCII. FORMAI. SESSIONS %VII.I, BM, HELD ON 11W SECOND AND THIRD TUESDAYS 1JC1,1'Y I I AND JULY 181 3/7?I7jag CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL GOv.BE9 MAYOR WILLIAM!) StSSOMS JR..At-Lenge Sq.K,pYM Cy' VICE MAYOR LOUIS R.JONES.Bayside-District 4 0E JESSICA PABBOTT K. Aril( District 2 M.BENJAMIN DAVENPORT,At Large ROBERT W.DYER Centen,ille Dattet I BARBARA M HENLEY,Princess Anne District 7 .SHANNON DS KANE.Rose Hall District 3 JOHN D.MOSS,At arge '_ "/' - JOHN E OHRIN,Beach District fi ROSEMARY WILSON,AI-Large JAMES!. woo),Lcanhaven-D®nle[S COY HALL BUILDING CITY COUNCIL APPOINTEES 1401 COURTHOUSE DRIVE CITY MANAGER DAVID L.HANSEN VIRGINIA BEACH. VIRGINIA 134569005 CITY ATTORNEY MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR JERALD D.DANACAN FAX(757) 385-5669 CITY AUDITOR LYNDON'S.REMGSMarch 7,2017 E-MAIL:Clycncl@vbgovcom (Ii CI NW RUTH HODGE.S FRASER MMC MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL BRIEFINGS - Conference Room- 2:30 PM FY 2017-18 RESOURCE MANAGEMENT PLAN (BUDGET) CAPITAL IMPROVEMENT PROGRAM 1. ROADWAYS Phil Pullen, Transportation Engineer—Public Works 2. ECONOMIC VITALITY and SGA Warren Harris, Director— Economic Development Kathy Warren, Director— Strategic Growth Area Office 3. COASTAL Phil Roehrs, Water Resources Engineer— Public Works II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room- 4:30 PM A. CALL TO ORDER— Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms,Jr. B. INVOCATION: Reverend Carlos Rodriguez Pastor, Redeemer Presbyterian 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 21, 2017 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARING 1. EXCESS CITY PROPERTY Veteran's Care Center near the intersection of West Neck Road and Nimmo Parkway PUBLIC HEARING DECLARATION AND CONVEYANCE OF EXCESS CITY PROPERTY The Virginia Beach City Council yell hold a PUBLIC HEARING Tuesday, March 7. 2017, at 6:00 ems in the Council Chamber, City Hall - Bldg. 1, Virginia each Municipal Carley. The purpose of this tiring will be to obtain pudic input to determine whether the following Cary property should be declared excess of the City's needs and conveyed to the Commonweanh of Virginia for the development of a veterans Care Center: Approximately 2641-aces ot pmcMy loceled near the intersection of West Neck Road and Nimmo Parkway (Perron N GAIN:149451-5393) Any questions c ncerrtng this matter should be directed to Dept- of Economic Deveopmem, 4525 Main Street, Suite 700, Virginia Beach.VA 23462.(757)365-6464, ecdevOlvbuov.corn. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE al 385'4303; Hearing Impaired, call TDD 711(T00-Telephone vice for tie Deaf). Ruth Hod o MMC City Clerk BEACON: 02/20/17 I. PUBLIC COMMENT 1. CAVALIER TOURISM DEVELOPMENT FUNDING PROGRAM ATLANTIC AVENUE REALIGNMENT J. ORDINANCES/RESOLUTIONS I. Ordinance to AMEND City Code § 23-59 re requirements for Off-site Parking Facilities 2. Ordinance to RE-ADOPT the Hampton Roads Hazard Mitigation Plan 3. Ordinance to AMEND Ordinance ORD-3326E to INCREASE the Gap Financing Authorization re the Cavalier restoration project and to AUTHORIZE other ACTIONS consistent with the State Tourism Development Financing Program 4. Resolution to AUTHORIZE the City Manager: a. APPLY for a Transportation Partnership Opportunity Fund Grant re the partial realignment of Atlantic Avenue b. PETITION the Commonwealth of Virginia Transportation Board to TRANSFER certain Real property to the City of Virginia Beach 5. Ordinances to: a. DECLARE approximately 26 acres of City property at West Neck Road and Nimmo Parkway in EXCESS b. AUTHORIZE the TRANSFER of the property to the Commonwealth of Virginia re development of a Veteran's Care Center c. Resolution to DESIGNATE two (2)options for a new School site 6. Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement between the City and UDT/SEAL Museum Association, Inc., re: a Navy SEAL Monument at 38th Street and the Boardwalk; and, AUTHORIZE the City Manager to ACCEPT DONATION of the Monument upon completion 7. Ordinance to AUTHORIZE an Independent Audit of the City of Virginia Beach and Development Authority finances to enter into a contract with CliftonLarsonAllen, LLP for 5178,600 (estimated) 8. Ordinance to MODIFY the Wildlife Response, Inc. Lease to EXTEND construction milestones 9. Ordinances to AUTHORIZE temporary encroachments: a. BAYLAKE PROPERTIES, LLC - a portion of City property known as Lake Joyce and the 20' strip of City property adjacent to 4444 Shore Drive re pile piers and access walkways b. OCEANA DEVELOPMENT, LLC - a portion of City property known as Canal #2 at Progress Lane to install a storm drainage pipe 10. Ordinance to APPROPRIATE $14,976,969 of the Multi-Modal Fund re Norfolk-Southern Right-of Way Acquisition Refund Account 11. Ordinances to ACCEPT and APPROPRIATE Grant Funds from the Virginia Department of Emergency Management: a. $10,000 to the Office of Emergency Management re: capabilities and training for the Citizen's Emergency Response Team b. $49,151 to the Virginia Task Force 2 Urban Search and Rescue Team re communication equipment CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 23-59 of the City Code Pertaining to the Requirements for Off-site Parking Facilities MEETING DATE: March 7, 2017 • Background: The City Code provisions for commercial parking lots and off-site parking lots in the Resort Tourist Districts or in the OR Oceanfront Resort District are located in the City Code. The commercial parking lot regulations at Section 23-58 have been updated; however, the regulations at Section 23-59 for off-site parking lots have not been updated. The discrepancies in the two ordinances have created confusion and difficulty in enforcement. • Considerations: The attached amendment to Section 23-59 (Off-site Parking Facilities) will bring the applicable section into conformity with Section 23-58 (Commercial Parking Facilities). This would include revisions to landscaping and pavement. Other changes are not substantive, but make the language of the two sections more consistent. • Public Information: Public information was provided through the normal Council agenda process. The Resort Advisory Commission was briefed on this Ordinance, and offered no opposition. • Recommendations: Adopt the Ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Dep e ncy: Planning/Frankenfiel City Manager: 1 AN ORDINACE TO AMEND SECTION 23-59 OF 2 THE CITY CODE PERTAINING TO THE 3 REQUIREMENTS FOR OFF-SITE PARKING 4 FACILITIES 5 6 Section Amended: City Code § 23-59 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 23-59 of the City Code is hereby amended and reordained to read 12 as follows: 13 14 Sec. 23-59. - Off-site parking facilities. 15 16 (a) For purposes of this section, The provisions of this section, and the term 17 "off-site parking facility", shall apply-to mean any lot which is used principally for the 18 parking of motor vehicles, except commercial parking lots as defined in section 23-58. 19 The provisions of this section shall apply to all off-site parking facilities located in any 20 Resort Tourist District or the OR Oceanfront Resort District. 21 22 (b) Off-site parking facilities shall-at all times, whether or not they are in 23 operation: 24 25 (1) - • , -• • 26 other surface as may be approved by the city engineer Have a paved surface 27 inclusive of all drive aisles, which meets the requirements of the Specifications 28 and Standards of the Department of Public Works and the Site Plan Ordinance. 29 provided, that any off-site parking facility in operation as of July 1, 2002 shall 30 not be required to provide curbing so long as wheel stops composed of 31 concrete or asphalt are provided and maintained in good condition and repair at 32 all times; 33 34 (2) E - .e .. e -• ., _, _ _ 35 - - - . .. . .. . . ... .. . - 36 landscaping, screening and buffering standards and specifications or by 37 38 specifications and standards pertaining to perimeter screening, or shall be 39 delin atcd, at the perimeter thereof, by whcclstopo Contain perimeter 40 landscaping meeting the requirements of section 5A of the Parking Lot 41 Landscaping Specifications and Standards where adiacent to any public right- 42 of-way or other publicly-owned property. The perimeter may also be enclosed 43 by fencing meeting the requirements for fences set forth in section 201(e) of the 44 City Zoning Ordinance; provided, however, that such fencing shall not exceed 45 four (4) feet in height and shall consist of materials, such as black vinyl-coated 46 chain link, white vinyl picket or black wrought iron, which are generally 47 recognized within the industry as maintenance-free. Wood split-rail fences shall 48 not be permitted. Such fencing and landscaping shall at all times be maintained 49 in good condition and repair; 50 51 (3) Contain, no less than one trash receptacle, plainly visible and marked as such, 52 for every three thousand, five hundred (3,500) square feet of lot area or fraction 53 thereof; 54 55 (4) Be maintained in a clean and orderly condition at all times. All trash receptacles 56 shall be emptied and the contents thereof properly disposed of at the close of 57 operation daily and at such other times as receptacles become full; 58 59 (5) Shall, notwithstanding the provisions of any other ordinance or—regulation—be 60 allowed have one sign, not exceeding six (6) square feet in surface area per 61 face, at each per—principal entrance. No such sign shall exceed six (6) square 62 -- - - - --- - -. Each sign shall contain the name of the 63 establishment or establishments for which the lot is used for off-site parking and 64 times of operation. Signs shall otherwise comply with all applicable city sign 65 regulations; 66 67 6) Where such lot is greater than twenty-four thousand (24,000) square feet in 68 area, contain additional landscaping, which may consist of city-approved plant 69 containers, located at the end of all parking aisles not adjacent to a public right- 70 of-way or other publicly-owned property and which shall be maintained in good 71 condition and repair at all times: and 72 73 (7) Be in compliance with all other applicable requirements of federal, state and 74 local law including, without limitation, the handicapped parking space 75 requirements of the Americans with Disabilities Act. 76 77 (c) Off-site parking facilities shall be subject to inspection by the city manager 78 or his designee for purposes of determining compliance with the provisions of this 79 section, and no person shall obstruct or interfere with such personnel as are authorized 80 by the city manager to enforce this section in the lawful discharge of their duties. 81 82 (d) The provisions of this section shall be deemed to be severable, and if any 83 of the provisions hereof are adjudged to be invalid or unenforceable, the remainder of 84 this section shall remain in full force and effect and its validity shall remain unimpaired. 85 86 (e) It shall be unlawful and a Any violation of the provisions of this section 87 shall be a misdemeanor punishable by a fine of not less than ten dollars ($10.00) nor 88 more than one thousand dollars ($1,000.00) for any person, firm, corporation or other 89 entity to operate an off-site parking facility in violation of any of the provisions of this 90 section. Each day that a violation continues shall constitute a separate offense. In 91 addition to any fine imposed hereunder, and not in lieu thereof, the continuing violation 92 of any of the provisions of this section may be enjoined or restrained by injunction. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 201_. 2 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: f� I 1h Fran dTield B. Kay Wilso Planning D•partment City Attorne ' Office CA13790 R-3 September 2 , 2016 3 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Re-Adopt the Hampton Roads Hazard Mitigation Plan MEETING DATE: March 7, 2017 • Background: The Federal Emergency Management Agency (FEMA) requires jurisdictions to have an approved and adopted Hazard Mitigation Plan, which must be updated on a five (5) year cycle, in order to seek grant assistance under the Hazard Mitigation Program (HMGP). In 2016 the City, along with the other jurisdictions associated with this plan, in coordination with the Hampton Roads Planning District Commission (HRPDC) updated the Hampton Roads Hazard Mitigation Plan. The plan has been approved by the Virginia Department of Emergency Management (VDEM) and FEMA. The final step is to have the plan formally adopted by City Council. • Considerations: The intent of the Hampton Roads Hazard Mitigation Plan is to provide planning information to assist the City in understanding its vulnerability to natural hazards, as well out outline mitigation strategies that might be used locally and regionally to mitigate the impacts of natural disasters. This plan also serves to meet eligibility requirements for the City to seek certain types of grant support for mitigation projects. Without an approved plan, access to HMGP grants would be impacted. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt Ordinance • Attachments: Ordinance and Hazard Mitigation Plan Abstract Recommended Action: Approval Submitting Depart gency: Emergency Management 0 i City Manager: 1 AN ORDINANCE TO RE-ADOPT THE HAMPTON ROADS 2 REGIONAL HAZARD MITIGATION PLAN 3 4 WHEREAS, in an effort to reduce the Nation's mounting natural disaster losses,the 5 U.S. Congress passed the Disaster Mitigation Act of 2000 that requires, in part, that state 6 and local governments develop a hazard mitigation plan in order to remain eligible for pre- 7 and post-disaster mitigation funding; 8 9 WHEREAS, the City of Virginia Beach sponsored the development of a regional 10 hazard mitigation plan in 2006; 11 12 WHEREAS,the regional mitigation plan will meet all applicable Federal regulations 13 per the Disaster Mitigation Act of 2000 and local planning requirements established by the 14 Federal Emergency Management Agency(FEMA), as well as local planning requirements 15 for hazard mitigation required by the Virginia Department of Emergency Management; 16 17 WHEREAS, a FEMA-approved mitigation plan must be re-adopted by the local 18 governing bodies every five (5) years for local communities to remain eligible for future 19 grant funds made available through FEMA's Pre-Disaster Mitigation (PDM) program and 20 Hazard Mitigation Grant Program (HMGP); 21 22 WHEREAS, the Southside Hampton Roads Hazard Mitigation plan was updated 23 and re-adopted in 2012; 24 25 WHEREAS, in 2016 the City of Virginia Beach, along with the other jurisdictions 26 associated with this plan and in in coordination with the Hampton Roads Planning District 27 Commission (HRPDC) updated the Hampton Roads Regional Hazard Mitigation Plan, 28 which has been approved by the Virginia Department of Emergency Management(VDEM) 29 and FEMA. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 34 That after the required five (5) year review, the Hampton Roads Regional Hazard 35 Mitigation Plan is hereby approved and re-adopted for the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia this day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Steven R. Cover Eliza/th Bradley DeLarnette City Manager's Office City •ttorney's Office CA13942 R-1 February 23, 2017 City of Virginia Beach 2017 Hampton Roads Regional Hazard Mitigation Plan - Abstract INTRODUCTION The following is an abstract of the 2017 update of the Hampton Roads Regional Hazard Mitigation Plan. It provides a brief overview of the basic components of the plan and the supporting analsyis of our community's vulnerability to natural hazards. The plan also features potential mitigation strategies the City may want to explore to mediate the impacts of diasters. PURPOSE This plan satisfies the requirements of the Disaster Mitigation Act (DMA) 2000, and is a collective effort between Hampton, Newport News, Poquoson, Williamsburg, James City County, York County, Norfolk, Portsmouth, Suffolk, Virginia Beach, Chesapeake, Isle of Wight County, Smithfield, Windsor, Franklin, Southampton County, and the Towns of Boykins, Branchville, Capron, Courtland, Ivor and Newsoms. It identifies the region's risk of natural hazards (i.e., hurricanes, tornados, lightning storms, etc.), highlights each jurisdiction's capabilities and vulnerabilities, and details strategies to remedy shortfalls and further prepare the community. This plan is required for future mitigation funding eligibility. The DMA 2000 is not to impose a federal mandate on state and local governments, but rather to encourage proactive steps toward protecting communities — not only through post-disaster mitigation activities, but more importantly, through pre-disaster mitigation planning in all areas of government. Funding is provided by FEMA and VDEM through Hazard Mitigation Grant Program (HMGP) funds. PLANNING METHODOLOGY The methodology for this plan is defined by FEMA requirements and is meant to provide a comprehenive and quantitative assessment of mitigation issues. A key element of the planning process is the establishment of a planning team. The planning team then identifies those hazards that might impact the community. The history and relative risks from these hazards are quantified in relation to frequency, impact, and criticality. The planning team then looks at community vulnerability in terms of the physical properties at risk, as well as the population. From this analysis the hazards are ranked and defined. Additional steps include looking at the capabilities for the management of risk, as well as mitigation strategies that the community may want to consider. 1 Hazard Risks for Hampton Roads FLOODING TROPICAL COASTAL STORM ` SEA LEY EL RISE AND LAND SUBSIDENCE CRITICAL HAZARD-MODERATE . TORNADO RISK l SdiN1 ER STORM HUARDouS MATERIALS INCIDEN I EI IORELINE EROSION NONCRITICAL HAZARD-LOW RISK EARTHODAKF WILDFIRE NEGLIGIBLE TRE ME HT CXDROU HEATT MITIGATION GOALS The analysis and consideration of the risk associated with those hazards became the basis for the development of various mitigation goals for the region and the City of Virginia Beach. The following are the regional strategies that are identifed to create jurisdiction-specific goals. 2017 Hampton Roads Regional Mitigation Goals Goal 1 Increase community resilience by reducing vulnerability to hazards. Goal 2: Educate the public about hazard vulnerabilities and ways to reduce risk. Goal 3: Strengthen and develop partnerships for mitigating hazard impacts. SUMMARY This plan has been developed to meet FEMA and Community Rating System (CRS) requirements for mitigation plan development and is required in order to allow the City to seek assistance under the Hazard Mitigation Grant Program after major disasters. Beyond this requirement, the plan ensures the City's comprehensive emergency planning and considers mitigation opportunities to prepare for and lessen the impact of disasters. These materials further provide an analysis of the relative risks and potential impacts associated with natural disasters and serve as a planning reference in understanding Virginia Beach's specific risks and hazards. This plan will provide a focal point for the integration of mitigation strategies into the overall City emergency preparedness program. 2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Ordinance ORD-3326E to Increase the Gap Financing Authorization for the Cavalier Project and to Authorize Other Actions Consistent with the State Tourism Development Financing Program MEETING DATE: March 7, 2017 ■ Background: On March 13, 2012, the City Council created a Tourism Zone and a process for evaluation of applications to utilize the Virginia Tourism Gap Financing Program authorized by the General Assembly in 2011 and codified as Virginia Code § 58.1-3851.1. The restoration of the Historic Cavalier Hotel and the related development of the Oceanfront Marriott Hotel was the subject of an ordinance adopted on July 3, 2013. Among other things, the ordinance approved a term sheet that included the City's support for a future application for the Gap Financing Program. The developer, Cavalier Associates, LLC (the "Developer"), submitted the application and financial information to the City (the "City"). The amount of financing requested was $18 Million, which was approved by the City Council on February 11, 2014 (by Ordinance ORD-3326E). On July 11, 2014, the Virginia Comptroller issued the required approval on behalf of the State. ■ Considerations: The Developer has submitted a request to amend the previous application by increasing the amount of requested gap financing from $18 Million to $24.5 Million. The increased gap is attributable to costs associated with a third hotel on the same property, an oceanfront Embassy Suites, and increased meeting and ballroom space in both oceanfront hotels. Also included in the increased gap are costs associated with additional structured parking to serve the two oceanfront hotels. The Developer represents that the Historic Cavalier, the Oceanfront Marriot and the Embassy Suites (collectively, the "Project") would provide a conference and meeting facility currently not offered at the resort area of Virginia Beach. City staff reviewed the amendment request and determined that the Developer has submitted satisfactory proof of the need for additional gap financing to the City's Director of Finance, and that when completed the Project will (a) include a minimum capital investment of more than $30 Million, (b) provide taxable sales of at least $1 Million annually, (c) increase year-round employment, (d) fill a void identified in the City's Resort Area Strategic Action Plan, and (e) be located in the City's Tourism Zone. The attached Ordinance is required prior to forwarding the Developer's application to the Virginia Tourism Corporation. As part of the application process, the City and the City of Virginia Beach Development Authority (the "Authority") will be required to amend the previously executed performance agreement ('Performance Agreement"). A summary of the material amended terms of the Performance Agreement is attached to the Ordinance as Exhibit C (the "Summary of Amended Terms") As with the initial gap financing, the additional $6.5 Million in gap financing would be repaid from equal contributions from the Commonwealth, the City and the Developer. The Commonwealth and the City's share would be derived solely from a percentage of sales taxes paid at the Project. The Developer's share would come from a one percent (1%) access fee added to all sales at the Project. As an additional protection, the ordinance requires the gap financing amount to be reduced if costs of construction of the Embassy Suites is less than the projected $56 million. • Public Information: Public information will be provided through the normal Council agenda process. The Council was briefed in informal session on February 21, 2017. The Authority was briefed at its February 21, 2017 meeting and voted to approve the requested amendment. Public comments will be heard at Council's formal session on March 7, 2017. • Attachments: Ordinance, Location Map (Exhibit A), Tourism Development Plan (Exhibit B), Supplement to Tourism Development Plan (Exhibit B-1), Summary of Amended Terms (Exhibit C) Recommended Action: Approval Submitting De• rtment/Agency: SGA Office and Finance apartment City Manager �\ '11. 1 AN ORDINANCE TO AMEND ORDINANCE 2 ORD-3326E TO INCREASE THE GAP 3 FINANCING AUTHORIZATION FOR THE 4 CAVALIER PROJECT AND TO AUTHORIZE 5 OTHER ACTIONS CONSISTENT WITH THE 6 STATE TOURISM DEVELOPMENT FINANCING 7 PROGRAM 8 9 WHEREAS, Virginia Code § 58.1-3851.1 (the "Statute") provides a mechanism 10 by which a tourism project may receive certain revenue streams to pay "gap financing" 11 as that term is defined by the Statute; 12 13 WHEREAS, on December 2, 2008, the City Council (the "Council") amended the 14 City Comprehensive Plan to incorporate the Resort Area Strategic Action Plan (the 15 "RASAP"); 16 17 WHEREAS, the RASAP identifies a need for transitioning older hotels along the 18 oceanfront to higher quality accommodations and building inventory that promotes year- 19 round visitation; 20 21 WHEREAS, on March 13, 2012, the Council adopted an ordinance creating a 22 Tourism Zone (the "Zone") and on the same date adopted a resolution approving a 23 Council Policy, "Guidelines for the Tourism Project Gap Financing Program" (the 24 "Policy"), which was subsequently amended on November 17, 2015; 25 26 WHEREAS, the entitlement to revenues established by the Statute does not 27 create debt of the Commonwealth of Virginia (the "Commonwealth"), the City of Virginia 28 Beach (the "City"), or the City of Virginia Beach Development Authority (the "VBDA"); 29 30 WHEREAS, on February 11, 2014, the City Council, by Ordinance ORD-3326E, 31 endorsed the application of the developer, Cavalier Associates, LLC (the "Developer") 32 for gap financing, with a gap of $4 Million on Historic Cavalier, and a gap of $14 Million 33 on the Oceanfront Cavalier; and 34 35 WHEREAS, on March 18, 2014, the VBDA authorized its Chair to execute the 36 performance agreement (the "Performance Agreement") required by the Statute; 37 38 WHEREAS, on March 25, 2014, the Performance Agreement was executed by 39 the City, the VBDA, and the Developer; 40 41 WHEREAS, on July 11, 2014, the Virginia Comptroller issued the approval 42 required by the Statute; and 43 44 WHEREAS, the Developer has requested an amendment of the previous 45 approval to include a third hotel (the "Embassy Suites"), additional oceanfront meeting 1 46 space, ballroom space, hotel rooms, and parking, with an identified funding gap of $6.5 47 Million; 48 49 WHEREAS, the Historic Cavalier, the Oceanfront Cavalier, and the Embassy 50 Suites are part of a unified development project (the "Project); and 51 52 WHEREAS, the premises of the Project is the same as described in Ordinance 53 ORD-3326E, and is described more particularly in the map attached hereto as Exhibit A, 54 and made a part hereof; 55 56 WHEREAS, if approved, the total gap financing for the Historic Cavalier, the 57 Oceanfront Cavalier, and the Embassy Suites will be $24.5 Million, subject to paragraph 58 5 below, or 10.4% of the projected cost of the Project, which is estimated to be $235 59 Million; and 60 61 WHEREAS, the Project is located within the Zone; 62 63 WHEREAS, City staff has reviewed the materials submitted by the Developer 64 and finds the Project has the following attributes described in Section 5.2 of the Policy: 65 (a) a minimum capital investment of$30 million; (b) when complete, will provide taxable 66 sales of at least $1 million annually; (c) when complete, will increase year-round 67 employment; (d) fills a void identified in the City's Resort Area Strategic Action Plan; (e) 68 is located in the City's Tourism Zone; and (f) proof of the need for gap financing to the 69 satisfaction of the City's Director of Finance has been submitted; 70 71 WHEREAS, the City previously prepared and received approval for a 72 development plan (the "Tourism Development Plan") as required by the Statute, a copy 73 of such plan is attached hereto as Exhibit B and made a part hereof; 74 75 WHEREAS, upon adoption of this ordinance, the Virginia Tourism Corporation 76 has agreed to allow the City to supplement the previously-approved Tourism 77 Development Plan in the manned described in Exhibit B-1, which is attached hereto and 78 made a part hereof; and 79 80 WHEREAS, to meet the requirements of the Statute, the City and the VBDA will 81 be required to execute an amended performance agreement, a summary of the material 82 amended terms is attached hereto as Exhibit C, and made a part hereof. 83 84 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 85 VIRGINIA BEACH, VIRGINIA, THAT: 86 87 1. The Council endorses the Project for purposes of the Statute, and 88 accordingly, finds that the Project meets a void identified in the City's RASAP and 89 described in more particularity in the Tourism Development Plan. 90 2 91 2. Subject to approval and certification by the Commonwealth and 92 conditioned upon the execution of a performance agreement between the Developer, 93 the City, and the VBDA, the Council hereby designates to the Project and directs, 94 subject to appropriation of such funds to the VBDA, an amount equal to the revenues 95 generated by one percent (1%) local sales and use tax generated by transactions taking 96 place on the premises of the Project be applied to the payment of the principal and 97 interest on the qualified gap financing for the Project for the duration and for the 98 purposes set forth the Statute. 99 100 3. Upon collection and quarterly remittance of revenues by the 101 Commonwealth and the access fee (defined by the Statute) by the Developer of the 102 Project, the City will remit such amounts to the VBDA as required by the Statute. 103 104 4. The City Manager is authorized and directed to take actions consistent 105 with the intent of this ordinance including, without limitation, execution of an Amended 106 Performance Agreement between the Developer, the City, and the VBDA and 107 supplementation of the Tourism Development Plan consistent with Exhibit B-1. 108 109 5. The Amended Performance Agreement shall include a provision 110 mandating the reduction to the amount of gap financing if the actual costs of the 111 Embassy Suites, after completion of construction and an audit of expenses by the City, 112 or a contractor for the City, are less than the projected costs provided by the Developer. 113 Any savings or cost avoidance will be directed to a partial prepayment of the amount 114 owed pursuant to the gap financing and not to the reduction of equity contributions or 115 forms of debt other than gap financing. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: / /Aim Ilett ( ,9 AC Stra egic Growth Area Office Finance Department APPROVED AS TO LEGAL SUFFICIENCY: 'Office" of theCity Attorney CA13893 R-2 February 27, 2017 3 0 n ae a OD i l + m Nr _ „ J K' ffsx ` L , -, Q 4 a 'a ‘ n N \ , C it � �a oN v N J -,t7,47::'!' tvJ z c 3 C U .- N N 4^� m Exhibit B Cavalier Hotel Tourism Development Plan Section 1:Proposed Project 1-A: Briefly describe the overall scope and concept of your proposed project The project involves the preservation of the historic Cavalier Hotel, terrace lawn, and Cavalier Drive Motor Court. Each will be placed on the Historic Registry. This architectural landmark will be transformed into a 90 — 100 room 5 star hotel and will be complemented with a new 300 room contemporary hotel across Atlantic Avenue on the oceanfront. Both hotels will offer amenities to guests. Amenities include a luxury spa/wellness center, a destination restaurant, a hunt room lounge, new indoor and outdoor pools, recreation facilities, a linear park, gardens, and a parking facility. The contemporary hotel will offer 90 luxury suites 1-B:What perceived VOID in your local tourism economy will this proposed project fill? According to the marketing plan (Resort Area Strategic Action Plan, aka RASAP), there is a need for transitioning older hotels along the oceanfront to higher quality accommodations. Currently, the Cavalier on the Hill (historic hotel) is in need of major renovations. Many rooms are uninhabitable.The preservation would transform the hotel into a fully functioning 5 star hotel with amenities; moreover the current oceanfront hotel is a low-quality hotel.The oceanfront hotel would be replaced with a high quality hotel accommodating luxury suites. 1-C:Will this proposed project fit into an existing Tourism Zone? Yes 1-D:The proposed project will accomplish the following: Projected jobs created by this project=220 year round and 330 seasonal (total peak 550) Projected local tax revenue= $17,950,102 (over ten years) 2-A:What attributes best describe your area: Nature/Outdoor Recreation: Scenic drives, state parks, hiking, camping, lakes, rivers, beaches, Chesapeake Bay, wildlife watching, motorsports, road cycling, jet aircraft observation, Japanese and SGA Office 1/9/14 2 conservation gardens (opens 2014), disability parks, public playground parks, dog parks, oceanfront boardwalk walking,agricultural—Farmer's Markets and "Pick your Own" History/Heritage: Revolutionary, civil war, civil rights, Virginia Indian, African American, European American,War of 1812, Naval operations,and American colonization Epicurean/Experiential: Central business district, locally owned restaurants, ethnic foods, resort, fine dining,spa services, large convention center,and Edgar Casey Foundation. Sport/Recreation: Boating,sailing, canoeing, kayaking,fishing(fresh and salt),golf, hunting, biking, road cycling, indoor sky diving (coming 2014), field house sport activities, soccer fields, Sportsplex stadium, tennis courts, sports tournaments, skateboarding, skydiving, paint ball, jet skiing, marathons, aerial adventure park(opens 2014), and surfing Arts/Culture: Museums—marine science, fine art and aviation, historic homes,and colleges Entertainment/Amusement: Cultural, music, wine, patriotic, art and craft festivals, a water park, go carting, surfing championships, air shows, shopping malls, street entertainment, firework displays, amphitheater and fine art concerts. Do you offer seasonal or year-round experiences: Both Do you have a peak season:Summer 2-B:What are your major lures and drivers that attract tourists to your area? Clean wide beaches, family friendliness, low crime, peaceful sandy shores, a variety of entertainment and recreational venues, museums,golfing,surfing,water sports,fishing,shopping malls, historic hones and lighthouse, night life, oceanfront hotels, good weather, regional attractions, wildlife refuges, state parks,shopping malls,and campgrounds. 2-C:What is your unique factor?What sets you apart from the competition? The City has a: • Historical hotel (Cavalier on the Hill)where Presidents, movie stars,and other dignitaries stayed • Historical marker indicating the place where the first Europeans landed in America before settling in Jamestown • Historic lighthouse authorized by President George Washington as one of the first federal government public infrastructures built • Marine science museum featuring a glass aquarium walk-through tunnel and a large variety of aquatic animals and interactive exhibits SGA Office 1/9/14 3 • Psychic center featuring Edgar Cayce's(the Sleeping Prophet) lifetime work • 20,000 seat outdoor amphitheater featuring top entertainment acts • Military air museum with one of the largest WWI and WWII aircraft collections • Naval master jet base(only one on the east coast)for jet observations • Collection of historic homes for touring • An indoor skydiving facility(opens in 2014) 2-D:Who is your major competition? Myrtle Beach,SC and Ocean City, MD 3-A:Gauge your tourism infrastructure How would you rate your transportation?(excellent,average,or weak) Interstates: Weak Secondary roads: Average Signage: Average Bus travel: Average Train travel: Average Air travel: Average Waterways: Excellent Taxi service: Average Bike paths: Average How would you rate your environment?(strong,average,or weak) Air quality: Strong Noise levels: Average Traffic: Average Landfills: Strong Wetlands: Strong Public health: Average How would you rate your public services?(strong,average,or weak) Police force: Strong Healthcare: Average Public utilities: Strong Waste management: Strong SGA Office 1/9/14 4 J Rescue support: Strong Communications: Strong Public parks/recreation: Strong 3-B:Gauge your tourism economy and business community How would you rate your accommodations? (strong,average,or weak) B&Bs: Weak Inns: Average Hotels: Average Resorts: Average Rental property: Average Cottages: Strong Cabins: Weak Campsites: Average How would you rate your facilities?(strong,average,or weak) Universities: Average Performing arts: Strong Outdoor parks: Strong Convention facilities: Strong Sporting venues: Strong Event spaces: Strong How would you rate your attractions?(strong,average, or weak) Shopping: Average Dining: Average Historic: Strong Museums/Aquarium: Strong Wineries: Weak Music festivals: Strong Zoos/animal parks: Weak Art galleries: Weak Nature trails&facilities: Average 3-B:Gauge your local social and cultural assets SGA Office 1/9/14 5 How would you describe your heritage and culture?(strong,average,or weak) Multi-cultural diversity: Average Geography: Strong Architecture: Average Historical improvements: Strong Language: Average Material culture: Average Aesthetics: Average Religious diversity: Average How would you describe your local flavor?(strong,average,or weak) Visitor friendly: Strong Civic-mindedness: Average Respect for diversity: Strong Political climate: Average Unity among civic groups: Average Local sports team support: Average University/college town: Weak How would you rate your integrity of the area?(strong,average,or weak) Safety: Strong Cleanliness: Strong Friendliness: Strong Stability: Average Quality of life: Strong 3-O:Gauge your top 3 strengths,weaknesses,opportunities and threats Strengths Weaknesses Pristine beaches Not an international tourism destination Family friendly environment Interstate congestion Safe community Year-round tourism Threats Opportunities Military oriented economy Youth retention Lack of high-quality hotels High technology job creation Continual beach sand replenishment Large entertainment venues SGA Office • 1/9/14 6 V 4-At Existing market plan submission Resort Area Strategic Action Plan (RASAP) 4-B:Your marketing plan will have the following affects: Visitation increased by 50%(undetermined) Tourist expenditures increased by 60%(undetermined) Combined development and private sector investments of$10,000,000,000(undetermined) Visitor satisfaction increased by 33%(estimate) Number of partnership participants in your marketing plan is undetermined SGA Office 119/14 EXHIBIT B-1 MODIFICATIONS TO THE TOURISM DEVELOPMENT PLAN: Cavalier Associates, LLC has submitted a Tourism Development Finance Program (TDFP) proposal to amend the 2014 Historic Cavalier Hotel TDFP application. In the amended proposal, Cavalier Associates, LLC would add a $56 million upper-upscale Embassy Suite Hotel to supplement rooms and conference space at the oceanfront Marriott and the Historic Cavalier Hotel. Cavalier Associates, LLC would invest $11.2 million in equity and apply for a $38.3 million loan. This would leave a TDFP gap of $6.5 million. The Embassy Suites Hotel will add approximately 175 rooms, generate an estimated $17 million in taxable sales, and add 8,000 sf of conference space. Total Cavalier Resort conference space will exceed 34,000 sf and will offer approximately 550 adjacent hotel rooms. Adjacent room blocks exceeding 400 with conference space exceeding 30,000 sf is demanded by meeting planners. Currently, the City of Virginia Beach does not have either, and conference business is contracting with other localities. The Embassy Suites Hotel addition within the Cavalier Resort would fill this local void. EXHIBIT C SUMMARY OF TERMS PERFORMANCE AGREEMENT FOR (1) Historic Cavalier Hotel (2) Oceanfront Marriott Hotel (3) Oceanfront Embassy Suites Hotel PARTIES: City of Virginia Beach ("City") City of Virginia Beach Development Authority ("VBDA") Cavalier Associates, LLC ("Developer") TERM: Commencing with the signing of the agreement, until the "gap financing" is paid in full. However, the Performance Payments, as described in the Agreement, will not commence until the Project has transactions that are subject to state sales and use tax. STATUTORY AUTHORITY Virginia Code § 58.1-3851.1 governs the Virginia Gap Financing Program, and all requirements set forth in the Performance Agreement will be in conformity with this statute. RECOURSE/ DEBT The entitlement to certain revenues authorized by § 58-3851.1 does not create debt of the City, the VBDA, or the Commonwealth of Virginia (the "State"). Additionally, the performance agreement will affirmatively state that there is no recourse of the "gap financing" against the City, the VBDA, or the State. PERFORMANCE PAYMENT: If the Project is approved by the Virginia Tourism Corporation and certified by the State Comptroller as qualifying for such payments, the Agreement shall provide "Performance Payments" from the State, the City, and the Project. Each Performance Payment shall be equal to the revenue generated by one percent of the sales generated on the premises of the Project. The amount of the payments shall be provided quarterly based on an amount certified by the Virginia Tax Commissioner. METHOD OF PAYMENT (STATE): After the amount is certified by the Tax Commissioner, the State portion is remitted from the State Comptroller to the City. The City remits this amount to the Development Authority. METHOD OF PAYMENT (CITY): After the amount is certified by the Tax Commissioner, the City portion is remitted to the VBDA. METHOD OF PAYMENT ACCESS FEE: The Developer is responsible for an "access fee' that is equal to the amount certified quarterly by the Tax Commissioner. The access fee is remitted from the Developer to the City. The City remits this amount to the VBDA. RESTRICTION ON USE OF FUNDS: The VBDA sends quarterly payments directly to the financial institution in furtherance of the payment of the gap financing. However, no payment shall be sent until the VBDA has all three portions attributable to the previous quarter. The only permitted use of the Performance Payments is for principal and interest on the "gap financing." The amount of the gap financing is $24.5 million or 10.4% of the estimated total project costs of $235 million. In the event that the total amount of the Performance Payments exceeds any annual debt service on the qualified gap financing, such excess shall be paid to the principal of the loan until the qualified gap financing is paid in full. CONSTRUCTION COST SAVINGS OR AVOIDANCE: The Agreement shall include a provision mandating the reduction to the amount of gap financing if the actual costs of the Embassy Suites, after completion of construction and an audit of expenses by the City or a contractor for the City, are less than the projected costs provided by the Developer. For purposes of this provision, the Embassy Suites financing is proposed to require $56 million with equity of $11.2 million, financing of $38.3 million, and gap financing of $6.5 million. Any savings or cost avoidance will be directed to a partial prepayment of the amount owed pursuant to the gap financing and not the reduction of equity contributions or forms of debt other than gap financing. 5 [ C,;‘, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Authorizing the City Manager 1) to Apply for a Transportation Partnership Opportunity Fund Grant to Fund the Partial Realignment of Atlantic Avenue and 2) to Petition the Commonwealth of Virginia Transportation Board to Transfer Certain Real Property to the City of Virginia Beach MEETING DATE: March 7, 2017 • Background: Cavalier Associates, LLC (the "Developer") is redeveloping the Cavalier Hotel complex at the north end of the City of Virginia Beach's oceanfront resort (the "Redevelopment"). As a part of the Redevelopment, the Developer has requested that the City of Virginia Beach (the "City") reconfigure the northern terminus of Atlantic Avenue to a layout as reflected on the location map, attached to the Resolution (the "Road Project"). The Road Project would cul-de-sac Atlantic Avenue south of the existing intersection with Pacific Avenue. Through-traffic that currently accesses Pacific Avenue from Atlantic Avenue would now have access from 40th Street. The realignment would allow the Developer to access the oceanfront elements of the Redevelopment, which would more efficiently bring traffic into the Redevelopment and reduce vehicular stacking and congestion on Atlantic Avenue. In addition to the traffic consideration, the Road Project would allow the simulation of the historical "Grand Lawn" connection between the Cavalier on the Hill and the oceanfront beach club. The City intends to apply to the Commonwealth for a grant from the Transportation Partnership Opportunity Fund ("TPOF") to fund the Road Project. Such funds are available for transportation projects that support certain economic development projects. The Developer has represented to the City that the Road Project is necessary to resolve onsite parking alignments that would otherwise create stacking issues that would backup traffic onto Atlantic Avenue, unacceptably impacting traffic on the public street. The project is necessary to allow the developer to create the dual-hotel complex with the significantly increased conference space. A portion of the area of the Road Project is currently owned by the Commonwealth, specifically the Atlantic Avenue right-of-way and remnant pieces from previous realignments of Atlantic Avenue as shown on the location map attached to the Resolution as Exhibit A (the "Commonwealth Property"). The Commonwealth of Virginia Transportation Board (the "CTB") will not begin the process of transferring title to a locality until that locality formally petitions the CTB pursuant to §33.2-907 of the Code of Virginia (1950), as amended. The remainder of the area of the Road Project is either owned by the City or the Developer. The Developer has agreed to dedicate any necessary property to the City for the Road Project. • Considerations: This Resolution would authorize the City Manager to apply for the TPOF grant for the Road Project and petition the CTB for transfer of title of the Commonwealth Property to the City. While the Redevelopment will still occur to a lesser degree if the Road Project is not undertaken, the opportunity to re-create the appearance of the historical "Grand Lawn" connection between the Cavalier on the Hill and the oceanfront beach club will be lost forever. The Developer has represented that it will reconfigure the Redevelopment with the main access off Atlantic Avenue (the Developer's by-right access), which will cause hotel traffic to back up onto Atlantic Avenue. City staff has evaluated the traffic impact of the Redevelopment both with and without the Road Project and concluded that the completion of the Road Project would be the preferable outcome from a traffic perspective. • Public Information: Advertisement of City Council Agenda • Alternatives: The Commonwealth retains title to the Property and the Road Project is not undertaken. • Recommendations: Approval • Attachments: Resolution Location Map Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Strategic Growth Area Office—gut_ City Manager RESOLUTION AUTHORIZING THE CITY MANAGER 1) 2 TO APPLY FOR A TRANSPORTATION PARTNERSHIP 3 OPPORTUNITY FUND GRANT TO FUND THE 4 PARTIAL REALIGNMENT OF ATLANTIC AVENUE AND 5 2) TO PETITION THE COMMONWEALTH OF VIRGINIA 6 TRANSPORTATION BOARD TO TRANSFER CERTAIN 7 REAL PROPERTY TO THE CITY OF VIRGINIA BEACH 8 9 WHEREAS, Cavalier Associates, LLC (the "Developer") is redeveloping the 10 Cavalier Hotel complex (the "Redevelopment") located at the north end of oceanfront II resort in the City of Virginia Beach (the "City"). As a part of the Redevelopment, the 12 Developer has requested that the City reconfigure the northern terminus of Atlantic 13 Avenue to a layout as shown on Exhibit A, attached hereto (the "Road Project"); 14 15 WHEREAS, the Road Project would cul-de-sac at Atlantic Avenue south of the 16 existing intersection with Pacific Avenue. Through-traffic currently accessing Pacific 17 Avenue from Atlantic Avenue would now do so from 40th Street. This would allow the 18 Developer to construct access to the oceanfront elements of the Redevelopment, which 19 would more efficiently bring traffic into the Redevelopment and reduce stacking and 20 congestion on Atlantic Avenue; 21 22 WHEREAS, the City intends to apply to the Commonwealth for a grant from the 23 Transportation Partnership Opportunity Fund ("TPOF") to fund the Road Project. Such 24 funds are available for transportation projects that support certain economic 25 development projects; 26 27 WHEREAS, a portion of the area of the Road Project is currently owned by the 28 Commonwealth, specifically the Atlantic Avenue right-of-way and remnant pieces from 29 previous realignments of Atlantic Avenue (the "Commonwealth Property"), as shown on 30 Exhibit A, attached hereto. The Commonwealth of Virginia Transportation Board (the 31 "CTB") will not begin the process of transferring title to a locality until that locality 32 formally petitions the CTB pursuant to §33.2-907 of the Code of Virginia (1950), as 33 amended; 34 35 WHEREAS, the remainder of the area of the Road Project is either owned by the 36 City or the Developer. The Developer has agreed to dedicate any necessary property 37 to the City for the Road Project; 38 39 WHEREAS, the Developer has represented to the City that the Road Project will 40 allow the Developer to add more meeting and conference space to the Redevelopment; 41 42 WHEREAS, if the Road Project is not undertaken, the City will not benefit from 43 added tourism and convention business attributable to the larger meeting and 44 conference space, and the traffic impacts on the general public from the 45 Redevelopment will be greater; and 46 WHEREAS, the Road Project provides the opportunity to re-create the 47 appearance of the historical "Grand Lawn" connection between the Cavalier on the Hill 48 and the oceanfront beach club. 49 50 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 51 VIRGINIA BEACH, VIRGINIA: 52 53 1. That the City Manager is hereby authorized to apply for a grant from the 54 Transportation Partnership Opportunity Fund in the amount of $2,497,000 for the 55 construction of the Road Project as shown on Exhibit A, attached hereto and made a 56 part hereof. 57 58 2. That the City Manager is further authorized to petition the Commonwealth 59 of Virginia Transportation Board pursuant to §33.2-907 of the Code of Virginia, as 60 amended, to transfer title of the real estate identified as the "Commonwealth Property" 61 on Exhibit A, attached hereto and made a part hereof, to the City of Virginia Beach, and 62 to take such other action as necessary to complete the conveyance of title of the 63 Commonwealth Property to the City of Virginia Beach. 64 65 3. That the City Manager, or his authorized designee, is hereby authorized to 66 execute any and all documents on behalf of the City to complete the actions 67 contemplated herein, containing such terms, conditions and modifications as may be 68 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 69 70 Adopted by the City Council of the City of Virginia Beach, Virginia, this 71 day of March, 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: SA Office City Attorney APPROVED AS TO CONTENT: " A. Dcu Departm nt of Public W rks CA13870 vbpov mm-0F9 Appltrmiov.OFylswhod canm3P Wpdoc"W27 Po2500]FIDI doo R-2 February 28, 2017 war ' . oevi. 4111 NM • i '.. . Fc •' f , ,, • -i , ,711 0 AL_ X.. 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Disclosure Statement virgin's mato 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 Chan es Exception for (EDIP) 9 Board dsf Zoning Encroachment Request Rezoning Appeal Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained In this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 SECTION 1 / APPLICANT DISCLOSURE • nCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. VCheck here If the APPLICANT /S a corporation, partnership, firm, business, or FOR OTY USE ONLY/A'. dpscl 3s:•es '¢ut OT urate- •no 7 515'555 p ,or r ars Page I of 4 Planning r<ur. ss cn and Oty Ec„nul meet.-.1 that pe [a.-s to the app',capeu.. 0 APPLICANT NOTIFIED OF HEARING ?aE SZ( NO CHANCES AS OF _AI i////7-! 0 _REVISIONS SUBMITTED GA i T Oceanfront Investments,tic Agenda Item 9 Page 7 Disclosure Statement other unincorporated organization, AND THEN, complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) Oceanfront Investments, LLC: John R. Lawson; DMRI, LLC; Bruce L. Thompson; Cavalier FP, LLC; COTH, LLC; Cavalier Investors I, LLC; Cavalier Investors II, . LLC; Cavalier Investors, Ill, LLC; and Hospitality Investment Associates - Cavalier, LLC . (a) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Cavalier Associates LLC Atlantic Coast Development, LLC Cavalier Associates Development, Inc. •Cavalier Residential Builders, LLC See next page for information pertaining to footnotes) and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ri Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER /Ca corporation, partnership, firm, business, or other unincorporated organization,AND THEN complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) Same as Applicant. (R) List the businesses that have a parent-subsidiary I or affiliated business entity z relationship with the Property Owner (Attach list if necessary) The disclosures contained In this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. Oceanfront Investments, LLC Agenda Item 9 Page 8 Disclosure Statement -� - Virginia Beach Same as Applicant. • 1 'Parentsubsldlary 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, (0)a controlling owner in one entity Is also a controlling owner In the other entity, or (Ill) 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 subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES] r101 SERVICE I PROVIDER (use additional sheets if needed) ❑ Accounting and/or preparer of Dixon C nen Hughes your tax return Architect/ Landscape Architect/ Hanbury Evans Wright Vlattas and Land Planner Company/WPL/EDSA Contract Purchaser(if other than IXI the Applicant)-Identify purchaser and purchaser's service providers Any other pending or proposed C ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors WM Jordan ❑ Engineers/Surveyors WPLMimleyHorr CherwaEwingNltok The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Oceanfront Investments, LLC Agenda Item 9 Page 9 Disclosure Statement Financing (include current TowneBank E ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition � i or construction of the property) ® I J Legal Services Troutman Sanders LLP;WIIiamsMullen ❑ Real Estate Brokers /Agents for East Beach Realty dba Cavalier current and anticipated future Realty Associates(Adjacent sales of the subject property Residential Parcel) • e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ El an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or -eti of an aublic bod or co m' ee in connection with this Application. anager '0 )(� BY- GOt�rt Froward, ATO �4 SIJ APPLICANT'S SIGNATURE PRINT NAME — DATE Robert M. Howard, CIO PROPERTY OWNER'S SIGNATURE ' PRINT NAME I DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Oceanfront Investments, LLC Agenda Item 9 Page 10 i4iT/ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 1) An Ordinance Declaring Approximately 26 Acres of City Property Located at the Intersection of West Neck Road and Nimmo Parkway to be in Excess of the City's Needs and Authorizing Transfer of the Property to the Commonwealth of Virginia for the Development of a Veterans Care Center and 2) A Resolution Designating Two Options for a New School Site MEETING DATE: March 7, 2017 ■ Background: The Commonwealth of Virginia, Department of Veterans Services (the "Commonwealth") plans to construct two veterans care facilities to serve veterans in the Commonwealth. One facility is already under construction in northern Virginia and the other is planned for Virginia Beach (the "Care Center"). The Care Center would require approximately 26 acres of land and consist of approximately 141,000 sq. ft. of medical and care facilities to provide a mix of long-term skilled nursing care, Alzheimer's/dementia care, short-term rehabilitation and assisted living care. The Commonwealth has identified a portion of City-owned land located at the intersection of West Neck Road and Nimmo Parkway (GPIN: 1494-51-5393), consisting of approximately 26 acres, as shown on Exhibit A attached to the Ordinance (the "Property"), as suitable for the development of the Care Center. The Property is currently designated as a placeholder site for a future school building. This designation related back to agreements made at the time the City purchased the Lake Ridge property using funds designated for school facilities. City and Schools' staff desire to designate two options for the future school site. The two options are shown on the Exhibit A attached to the Resolution as the "School Placeholder Sites". • Considerations: The City would convey title to the Property to the Commonwealth for the development of the Care Center. The Care Center would provide a much needed service to veterans in the region and throughout the Commonwealth. The Commonwealth will be responsible for all costs associated with the construction and operation of the Care Center. The Property's use as a Care Center is consistent with the AICUZ and other restrictions in the area. By designating the School Placeholder Sites as potential locations for a future school, Council commits to provide one of the two sites to the School Board for future educational facilities. An additional Council action would be necessary to formally transfer one of the two School Placeholder Sites to the School Board at such time as development of a new school was needed. • Public Information: A public hearing for the proposed conveyance of City- owned property was advertised on February 26, 2017 in The Virginian-Pilot. Advertisement of City Council Agenda. • Alternatives: Approve the Ordinance and Resolution as presented, deny approval, or add conditions or modifications as desired by City Council. • Recommendations: 1) Declare the Property excess and authorize the City Manager to execute all necessary documents to convey the Property to the Commonwealth and 2) designate the School Placeholder Sites as alternative reserved locations for future school facilities, whose transfer will be subject to approval by Council at a future time. • Attachments: Ordinance, Care Center Location Map, Resolution, School Placeholder Sites Location Map Recommended Action: Approval �/ / Submitting D- • r - a ency: Economic Development?./ City Manager. AN ORDINANCE DECLARING APPROXIMATELY 26 2 ACRES OF CITY PROPERTY LOCATED AT THE 3 INTERSECTION OF WEST NECK ROAD AND 4 NIMMO PARKWAY TO BE IN EXCESS OF THE s CITY'S NEEDS AND AUTHORIZING TRANSFER OF 6 THE PROPERTY TO THE COMMONWEALTH OF 7 VIRGINIA FOR THE DEVELOPMENT OF A a VETERANS CARE CENTER 9 10 WHEREAS, the Commonwealth of Virginia, Department of Veterans Services (the 11 "Commonwealth") plans to construct two veterans care facilities to serve veterans in the 12 Commonwealth. One facility is already under construction in northern Virginia and the 13 other is planned for Virginia Beach (the "Care Center"); 14 15 WHEREAS, the Care Center would require approximately 26 acres of land and 16 consist of approximately 141,000 sq. ft. of medical and care facilities to provide a mix of 17 long-term skilled nursing care, Alzheimer's/dementia care, short-term rehabilitation and 18 assisted living care; 19 20 WHEREAS, the Commonwealth has identified a portion of City-owned land located 21 at the intersection of West Neck Road and Nimmo Parkway known as GPIN: 1494-51- 22 5393, as shown on Exhibit A attached hereto (the "Property") as suitable for the 23 development of the Care Center; and 24 25 WHEREAS, City staff has determined that title to the Property should be 26 transferred to the Commonwealth to facilitate the proposed Care Center. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA, 30 31 1. That Property, consisting of approximately 26 acres, as shown on Exhibit 32 A attached hereto and made a part hereof, is hereby declared to be in excess of the 33 needs of the City of Virginia Beach. 34 35 2. That City Council, subject to acceptance by the Commonwealth, 36 authorizes the transfer of title of the Property to the Commonwealth. 37 38 3. That the City Manager, or his designee, is hereby authorized to execute 39 any and all documents to complete such transfer, so long as the documents contain 40 such terms, conditions and modifications as may be acceptable to the City Manager and 41 in a form deemed satisfactory by the City Attorney. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 44 day of , 2017. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City •ttorney Economic Development CA13686 viporcorn[WSJ AppM1aetensCiiylawPmd rymirv3:9Vplocs 1020 P022903515S4 M¢x R-1 2/24/2017 2 } Ate..- firI .. a • A` A eo Op co�� ....t> °,s, 9 N 0 `07,„,, �v.)4 4..elX l ''' ir- , ej„.... R CO D 0 , im.L.tfjilli,z0 N ;¢ Z A - W. ¢ 1+� N �. u, Ti (A) #4, '..,4 t,„ , , • • ‘."--‘1 •^ Y • 4. i. J J ff 41 / '41-. e- . ~ S. ` _ 1 .' ' ' l• y. ,• 1/11( ., 1.,...•-.�\ N,,::,,,,, tom✓ i ...... I 4t ..P J , 1 jam. if-tri; 1 A RESOLUTION DESIGNATING TWO 2 OPTIONS FOR A NEW SCHOOL 3 PLACEHOLDER SITE 4 5 WHEREAS, the City of Virginia Beach (the "City") owns a parcel of property 6 located at the intersection of West Neck Road and Nimmo Parkway known as GPIN: 7 1494-51-5393 (the "Property"); 8 9 WHEREAS, the Commonwealth of Virginia, Department of Veterans Services 10 (the "Commonwealth") plans to construct two veterans care facilities to serve veterans 11 in the Commonwealth; 12 13 WHEREAS, one facility is already under construction in northern Virginia and the 14 other is planned for Virginia Beach (the "Care Center"); 15 16 WHEREAS, the Commonwealth has identified a portion of the Property as 17 suitable for the development of the Care Center, and has requested that the City convey 18 title to that portion of the Property to the Commonwealth for the development of the 19 Care Center; 20 21 WHEREAS, the Property is currently designated as a placeholder site for a future 22 school building based on informal agreements between the City and the School Board 23 of the City of Virginia Beach (the "School Board") made at the time the City purchased 24 the Lake Ridge property using funds designated for school facilities; 25 26 WHEREAS, it is the desire of City and Schools' staff to designate two options for 27 the future school site, as shown on Exhibit A attached hereto (the "School Placeholder 28 Sites"), to replace the current placeholder site, a portion of which is to be conveyed to 29 the Commonwealth; 30 31 WHEREAS, by designating the School Placeholder Sites, the City Council 32 declares its intention to convey one (1) of the two (2) sites to the School Board for future 33 educational facilities; 34 35 WHEREAS, additional Council action would be required to formally transfer one 36 (1) of the two (2) School Placeholder Sites to the School Board at such time as 37 development of a new school is needed; and 38 39 WHEREAS, the exact size and boundaries of the site chosen will be for future 40 determination, but the intent is to provide a City-owned site suitable for an elementary 41 school in one (1) of the areas identified as School Placeholder Sites. 42 43 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 44 OF VIRGINIA BEACH, VIRGINIA: 45 That the City Council hereby designates the areas shown on Exhibit A attached 46 hereto and made a part hereof, as "School Placeholder Sites" and declares its intention 47 to convey one (1) of the two (2) sites to the School Board at such time as the School 48 Board needs it to construct new school facilities. Adopted by the Council of the City of Virginia Beach on the day of , 2017. APPROVED AS TO LEGAL SUFFICIENCY: .001 City Attorney CA13862 ubpwcorn DFS AppIireGons cit axPod Gcorv32 WNoa WP'1024 00152765 dock R-1 February 23, 2017 2 LANOSTOWN\ C /5 \ _T"------------11—// , - .%* ,iev. -1P:—', -77-41"--' 1147'.. —7,-. s SALEM ilir- . • -,,✓r- .ri !� ACHRISFOPHER 0Y-770, iP/A.PARMS y��� �� �` -re gtio DP _.. �9ti ,Q0 , /1/. NEW CASTLE s4, IAP I� O I\1 o GESS A� +/- "Nor* 44 GPIN 1494-51-5393 um Former School wtv- Illi Placeholder Site GiO 'r41$0I0� 4 NORTH LANDING / ' a , - ELEMENTARY SCHOOL ZONE �. -Mil JI /qN/ill, R ' +:'ar . ♦ ,�I/II$,IIp 2, ,,�e41...,.......___ ; NI/IttA1II 11tIUtfl/f illiMINQ /iv ' --- - ' .'' Exhibit A `\ Location Map / New School Placeholder Sit: — _ N-A Replacement Options 2 p• Legend m a ®Elementary School Zone Boundaries Q r AICUZ Noise Zones ® >75 DNL AICUZ Noise Zones Q AICUZ APZ Areas \i, in City Property °�, ,'7 ()Two Option Areas for a New School Placeholder Site 7- •/ , ! , /// / /////// //i, , (61"1"-- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute an Agreement between the City of Virginia Beach and UDT/SEAL Museum Association, Inc. for the Construction, Dedication and Maintenance of the Navy Seal Monument to be Installed at 38th Street and the Boardwalk, and Authorizing the City Manager to Accept Donation of the Monument MEETING DATE: March 7, 2017 • Background: The UDT/SEAL Museum Association, Inc. ("NNSM") is a nonprofit 501(c)(3) organization that has proposed to construct and dedicate a memorial for placement at 38th Street and the Boardwalk ("Premises"). The Navy SEAL Monument ("Monument") will commemorate the Navy SEAL's origins in Virginia Beach, summarize the salient events in Navy SEAL history, and inform residents and visitors of the Navy SEAL's seventy-five year history with the City of Virginia Beach. The centerpiece of the Monument will be a life-size bronze statue of a World War II Navy combat swimmer. The statue will stand atop a horned scully, an obstacle designed by the enemy to sink American landing craft. A stone wall with insignias of SEAL commands and plaques describing major events in Navy SEAL history will curve behind the statue. The base of the statue will be surrounded by sand from places around the world where Navy SEALS have served. The Monument will also include pavers, flagpoles and a lighted accessible inclined walk. Three other Navy SEAL historical sites have identical statues on public property in Ft. Pierce, Florida, Waimanolo, Hawaii, and Coronado, California. ■ Considerations: An agreement has been proposed between the City and NNSM to provide for the construction, dedication, and maintenance of the Monument ("Agreement"). NNSM will, at its sole expense, pay to construct the Monument, with the exception of the proposed lighted accessible inclined walk adjacent to the Monument. The City will pay for the lighted accessible inclined walk adjacent to the Monument with funding appropriated in the City's Fiscal Year 16-17 Capital Improvement Program, CIP 9-059, in an amount not to exceed eighteen thousand dollars ($18,000). The Agreement provides for the dedication of the Monument after completion and written acceptance by the City. At that time, the Monument shall be the sole property of the City. Upon dedication, the City shall be responsible for 1) lowering, removing and replacing flags at the Monument, as the City deems appropriate; and 2) maintaining the Premises around the Monument, in accordance with the Department of Public Work's existing schedules for maintenance of the Premises, by removing sand and trash from the Premises and emptying trash cans around the Premises. Upon dedication, NNSM shall be responsible, at its sole cost, for all maintenance of the Monument not specifically stated in the preceding paragraph, and for all capital repairs to the Monument The Virginia Beach Arts and Humanities Commission supports City acceptance of the Monument. • Public Information: Advertisement on City Council Agenda. • Attachments: Ordinance, Summary of Terms of Agreement, Renderings of Monument, Site plan. Recommended Action: Approval / Submitting De• . - y ency: Office of Cultural Affairs (Gp✓ City Manager: q 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 EXECUTE AN AGREEMENT BETWEEN THE CITY OF 3 VIRGINIA BEACH AND UDT/SEAL MUSEUM 4 ASSOCIATION INC. FOR THE CONSTRUCTION, 5 DEDICATION AND MAINTENANCE OF THE NAVY SEAL 6 MONUMENT TO BE INSTALLED AT 381" STREET AND 7 THE BOARDWALK, AND AUTHORIZING THE CITY 8 MANAGER TO ACCEPT DONATION OF THE MONUMENT 9 10 WHEREAS, the UDT/SEAL Museum Association, Inc. ("NNSM") is a nonprofit 11 501(c)(3) organization that has proposed to construct and dedicate a memorial for 12 placement at 38th Street and the Boardwalk ("Premises"); and 13 14 WHEREAS, the Navy SEAL Monument ("Monument") will commemorate the 15 Navy SEAL's origins in Virginia Beach, summarize the salient events in Navy SEAL 16 history, and inform residents and visitors of the Navy SEAL's seventy-five year history 17 with the City of Virginia Beach; and 18 19 WHEREAS, the centerpiece of the Monument will be a life-size bronze statue of 20 a World War II Navy combat swimmer; and 21 22 WHEREAS, the statue will stand atop a horned scully, an obstacle designed by 23 the enemy to sink American landing craft; and 24 25 WHEREAS, a stone wall with insignias of SEAL commands and plaques 26 describing major events in Navy SEAL history will curve behind the statue; and 27 28 WHEREAS, the base of the statue will be surrounded by sand from places 29 around the world where Navy SEALS have served; and 30 31 WHEREAS, the Monument will also include pavers, flagpoles and a lighted 32 accessible inclined walk; and 33 34 WHEREAS, three other Navy SEAL historical sites have identical statues on 35 public property in Ft. Pierce, Florida, Waimanolo, Hawaii, and Coronado, California; and 36 37 WHEREAS, an agreement has been proposed between the City and NNSM to 38 provide for the construction, dedication, and maintenance of the Monument 39 ("Agreement"); and 40 41 WHEREAS, NNSM will, at its sole expense, pay to construct the Monument, with 42 the exception of the lighted accessible inclined walk adjacent to the Monument; and 43 44 WHEREAS, the City will pay for the lighted accessible inclined walk adjacent to 45 the Monument with funding appropriated in the City's Fiscal Year 16-17 Capital 46 Improvement Program, CIP 9-059, in an amount not to exceed eighteen thousand 47 dollars; and 48 49 WHEREAS, the Agreement provides for the dedication of the Monument after 50 completion and written acceptance by the City; and 51 52 WHEREAS, at that time, the Monument shall be the sole property of the City; and 53 54 WHEREAS, upon dedication, the City shall be responsible for 1) lowering, 55 removing and replacing flags at the Monument, as the City deems appropriate; and 2) 56 maintaining the Premises around the Monument, in accordance with the Department of 57 Public Work's existing schedules for maintenance of the Premises, by removing sand 58 and trash from the Premises and emptying trash cans around the Premises; and 59 60 WHEREAS, upon dedication, NNSM shall be responsible, at its sole cost, for all 61 maintenance of the Monument not specifically stated in the preceding paragraph, and 62 for all capital repairs to the Monument; and 63 64 WHEREAS, the Virginia Beach Arts and Humanities Commission has endorsed 65 the Monument. 66 67 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 68 VIRGINIA BEACH, VIRGINIA, THAT: 69 70 1. The City Manager is hereby authorized to execute an Agreement between the 71 City and NNSM for the construction, dedication and maintenance of the 72 Monument to be installed at 38th Street and the boardwalk. 73 74 2. The City Manager is hereby authorized to accept, in writing, the Monument upon 75 final completion of the monument. 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: Office of Rural Affairs City Attorney's Offic CA13933 R-2 February 22, 2017 SUMMARY OF TERMS AGREEMENT PARTIES: 1) UDT/SEAL MUSEUM ASSOCIATION, INC. ("NNSM") 2) CITY OF VIRGINIA BEACH ("City") PURPOSE: Construction, dedication and maintenance of the Navy SEAL Monument ("Monument") on City-owned property located at 38th Street and the Boardwalk ("Premises"). The Monument will commemorate the Navy SEAL's origins in Virginia Beach. TERMS: At its sole expense, NNSM will design, or cause to be designed, plans for the Monument. NNSM will, at its sole expense, pay to construct the Monument, with the exception of the lighted accessible inclined walk adjacent to the Monument. The City will pay for the lighted accessible inclined walk adjacent to the Monument with funding appropriated in the City's Fiscal Year 16-17 Capital Improvement Program, CIP 9-059, in an amount not to exceed eighteen thousand dollars($18,000). The Agreement provides for the dedication of the Monument after completion and written acceptance by the City. At that time, the Monument shall be the sole property of the City. Upon dedication, the City shall be responsible for lowering, removing and replacing flags at the Monument, as the City deems appropriate. Upon dedication, the City shall also maintain the Premises around the Monument, in accordance with the Department of Public Work's existing schedules for maintenance of the Premises, by removing sand and trash from the Premises and emptying trash cans around the Premises. Upon dedication,NNSM shall be responsible, at its sole cost, for all maintenance of the Monument not specifically stated in the preceding paragraph, and for all capital repairs to the Monument NNSM's contractors and subcontractors are required to have insurance at all times during construction. NNSM will indemnify and hold harmless the City for any actions or omissions on the part of NNSM or any of its agents, contractors, subcontractors,and employees. None of the parties have any obligation to rebuild or replace the Monument in the event of an act of God, war,invasion,hostilities, vandalism, terrorist activities, or any other act or event that destroys or results in the destruction of the Monument. 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The purpose of the committee was to recommend to City Council an accounting firm to conduct an independent audit of the City's financial statements for fiscal years 2017 and 2018. Section 8.06 of the City Charter requires an annual independent audit with the firm selected by City Council. • Considerations: The financial audit selection committee prepared and Purchasing distributed a Request for Proposals ("RFP") to the largest international, national, and regional accounting firms. Notification of this RFP was also placed in the local newspaper, posted on Finance/Purchasing's Internet Demand Star Service. As a result of the process, the committee recommends award of the contract to CliftonLarsonAllen, LLP (CLA). The selection committee conducted negotiations with CLA, which resulted in the following audit costs for the fiscal year ending June 30, 2017: Total: $231,450: City: $161,330; Schools*: $52,850* (The RFP allows Schools to enter into a separate contract with CLA using the pricing negotiated by the selection committee); Development Authority: $17,270. For the fiscal year ending June 30, 2018 and in subsequent years should the mutual renewal option be exercised, there is an annual increase amount equal not to exceed two (2) percent. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance Recommended by Councilmember Wood REQUESTED BY COUNCILMEMBER WOOD 1 AN ORDINANCE AUTHORIZING AN INDEPENDENT 2 AUDIT OF THE CITY OF VIRGINIA BEACH'S 3 FINANCES 4 5 WHEREAS, the City Charter requires an independent audit of the City's finances 6 at the end of each fiscal year; 7 8 WHEREAS, a financial audit selection committee has prepared and distributed a 9 Request for Proposals ("RFP") for an independent audit of the City's financial statements, 10 including the School Division and Development Authority, for the 2017 through 2018 fiscal 11 years, respectively; 12 13 WHEREAS, after evaluating the proposals, the selection committee has 14 recommended CliftonLarsonAllen, LLP to perform the independent audit; 15 16 WHEREAS, pursuant to the RFP, the School Division intends to enter into a 17 separate contract for this audit; and 18 19 WHEREAS, sufficient appropriations have been provided for the City's audit in the 20 fiscal year 2017 Operating Budget. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 1. The City Manager is hereby authorized to enter into a contract with 26 CliftonLarsonAllen, LLP, in a form acceptable to the City Attorney, for the performance of 27 an independent annual audit of the financial statements of the City of Virginia Beach and 28 the City of Virginia Beach Development Authority for FY 2017 and 2018, at an estimated 29 cost of$178,600 for FY 2017. 30 31 2. In subsequent years, the annual cost of services for the City will increase in 32 an amount not to exceed two (2) percent. 33 34 3. The City Manager is hereby authorized to renew the contract, subject to the 35 availability of appropriations, for additional years thereafter, not to exceed three one-year 36 periods. Adopted by the Council of the City of Virginia Beach on the day of March, 2017. APPROVED AS TO CONTENT: AP• ' : D A TO LEGAL UFFIC dam City Auditor C A • e ' Office CA13946 R-1 February 24, 2017 tilkien CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Modify the Lease with Wildlife Response, Inc. to Extend Certain Construction Milestones MEETING DATE: March 7, 2017 • Background: On March 27, 2012, by Ordinance ORD-3226C, City Council approved the lease of approximately 51 acres of City-owned land located at 3592 Indian River Road (GPIN: 1483-38-6300) (the "Premises") to Wildlife Response, Inc. ("WRI"). The City of Virginia Beach (the "City") and WRI executed a lease dated August 24, 2012 for a term of forty years (the "Lease"). WRI agreed to construct and operate a wildlife rehabilitation facility on the Premises (the "Project"). The Lease sets forth conditions, obligations and responsibilities of the parties, including specific deadlines to commence and complete each of the three phases of the Project. Due to unforeseen events, including the presence of protected animals, vandalism and flooding, in addition to fundraising challenges, WRI has been unable to meet all of the original deadlines. To date, WRI has invested over $100,000 and has completed numerous elements of the Project. WRI has requested a modification to the Lease to extend the deadlines for completion of each phase. City staff has been kept informed of WRI's progress and supports the extension of time to complete each phase of the Project. WRI has not requested additional City involvement, nor has it requested an extension of the term of the Lease. The modified deadlines for each of the phases are set forth in the Amended Summary of Terms attached to the Ordinance as Exhibit A. • Considerations: Other than the extension of construction milestones as shown on Exhibit A, the Lease is still consistent with the original Summary of Terms previously approved by City Council. • Public Information: Advertisement of City Council Agenda • Recommendations: Approval • Attachments: Ordinance, Amended Summary of Terms, Disclosure Statement Form, Location Map Submitting Dep.rtme• . •envy: Planning Departmen rktitet. • I / 4 City Manager AN ORDINANCE TO MODIFY THE LEASE 2 WITH WILDLIFE RESPONSE, INC. TO 3 EXTEND THE TIME TO COMPLETE 4 CERTAIN CONSTRUCTION MILESTONES 5 6 WHEREAS, on March 27, 2012, by Ordinance ORD-3226C, City Council 7 authorized a lease of approximately 51 acres of City-owned land located at 3592 8 Indian River Road to Wildlife Response, Inc. ("WRI") for the construction and 9 operation of a wildlife rehabilitation center (the "Project"); 10 11 WHEREAS, the lease was executed on August 24, 2012 and is for a term 12 of forty years (the "Lease"); 13 14 WHEREAS, the Lease requires WRI to construct the Project in three 15 phases, to be completed by certain deadlines, as set forth in the Summary of 16 Terms approved by City Council; 17 18 WHEREAS, due to certain unforeseen circumstances, WRI has been 19 unable to meet the deadlines set forth in the Lease and has requested an 20 extension to time to complete the Project; 21 22 WHEREAS, WRI is now in a position to commit to new deadlines for each 23 phase of the Project, as set forth in the Amended Summary of Terms attached 24 hereto as Exhibit A; and 25 26 WHEREAS, WRI has made substantial progress on the Project and the 27 extensions contemplated herein do not impose additional obligations on the City 28 nor extend the term of the Lease. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 31 OF VIRGINIA BEACH, VIRGINIA: 32 33 The City Manager is hereby authorized to execute an amendment to the 34 Lease between the City and WRI, in accordance with the Amended Summary of 35 Terms attached hereto as Exhibit A, and made a part hereof, and such other 36 terms, conditions and modifications as may be acceptable to the City Manager • 37 and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017. APPROVED AS TO CONTENT APPROVED AS TO CONTENT: PLUS J Public Wo s/ Facil ies Planni c Departm- t Management APPROVED AS TO LEGAL SUFFICIENCY: City Attorney CA13869 Thvbgovcom'OR1 WppIcations\QlylawPcod cycom33'Wpbocs\D0l l\PO0700043983 DOC R-1 2/23/17 EXHIBIT A AMENDED SUMMARY OF TERMS LEASE OF 51 ACRES OF CITY-OWNED PROPERTY LOCATED AT 3592 INDIAN RIVER ROAD LESSOR: City of Virginia Beach (the "City") LESSEE: Wildlife Response, Inc. ("WRI") PREMISES: Approximately 51 acres located at 3592 Indian River Road (GPIN 1483-38-6300) TERM: Forty (40) years (8/24/12 through 8/23/52) RENT: Rent shall be one dollar ($1.00) per year. USE: • WRI proposes a three-phase restoration and construction project to create a wildlife rehabilitation facility on the Premises. (WRI has invested over $100,000 to-date) • Phase I will consist of site clean-up 'complete), restoration of the existing building on the site (partially complete) to make it suitable as a residence for a property caretaker, installation of outdoor wildlife rehabilitation caging area (partially complete), and installation of an aquatic bird center. • Phase II will consist of construction of a medical treatment center (approximately 4,500 sq. ft.) (plans complete), additional wildlife rehabilitation enclosures, landscaping, parking and solar/water collector platforms (partially complete). • Phase III will consist of construction of an administrative facility and education center (approximately 2.400 sq. ft.), and potential bike/nature trails in coordination with the City's Parks and Recreation Dept. • The Premises will be used for wildlife rehabilitation, educational outreach and no other purposes without prior City approval. • All activities under the Lease must be consistent with the Navy easement recorded on the property. Page lof2 AMENDED RIGHTS AND RESPONSIBILITIES OF WRI (LESSEE): • Commence construction on Phase I within six (6) months of execution of the Lease. • Complete Phase I (evidenced by completing the construction as set forth in WRI's site plan and obtaining a certificate of occupancy) within-eighteen ••:• • _ • - -- -- byFebruary 28, 2018. • Complete Phase II - • - Lease by March 31, 2019. • Complete Phase III by December 31, 2019. • Keep, repair, and maintain the Premises in a workmanlike manner at its sole expense. • 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 the business of insurance in Virginia. Such insurance shall name the City of Virginia Beach as an additional insured. Lessee shall provide a certificate evidencing the existence of such insurance. • Assume the entire 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. • Be responsible for payment of all taxes and utilities. RESPONSIBILITIES OF THE CITY (LESSOR): • The City will have no ongoing responsibilities on the Premises after execution of the Lease. ,tegoe comVO FS I AppncabonSClryLaweodAcycom3ZTw pdcos>W 16\P01300010818 DOC Page 2of 2 gee itrq V'ITCimo Beach APPLICANT'S NAME WILDLIFE RESPONSE, 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 Changes Exce.tion for (EDIP) Board of Zoning Encroachment Request Rezoning A. .eats Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must he updated two(2)v.eeks prior to any Page 1 of 7 Plarnm. CornitPastan and City C3un0 rneetina that peons to the application(s) El APPLICANT NOTIFIED OF HFARINC DALE CI NO CHANCES AS OF DATE n RFS'ISIONS SUBMITTED ncIL. __ Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Wildlife Response, 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) Officers: President Bill Haynie, Vice President Suzanne McBride, Secretary Blair Skipper, Treasurer Laura Mae; Additional Directors: Arthur Arrage, Emily Cass, Susan O'Connell, Lisa Barlow, Mary Alexander (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) None. 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. FH Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 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) None. 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 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 § 2.2-3101. t' • 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 • Ir- -‘,.. 4,-, _ APPLICANT Virginia Beach I 1 I PROVIDER (use additional sheets if YES 1 11 NO I _ SERVICE - ��_ needed) I l XAccounting and/or preparer of your tax return X I Architect/ Landscape Architect / Land Planner Contract Purchaser (if other than X the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed >/IIpurchaser of the subject property � (identify purchaser(s) and purchaser's service providers) E ❑XConstruction Contractors nEngineers / Surveyors/ Agents Financing (include current WRI Uses three area banks: n mortgage holders and lenders Wells Fargo M selected or being considered to -TowneBank provide financing for acquisition - Bank of Hampton Roads or construction of the property) XLegal Services Hampton Roads General Counsel Real Estate Brokers / — I ri Agents/Realtors for current and I anticipated future sales of the subject property 4. .-. _.. — _ - _ - . . _ — _._.,.a,_._ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR I 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 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. �ww . -Pcrt - tjILL. AYIVIE,wiz' par yzyi+- APPLICANT'S SIGNATURE PRINT NAME ATE • Page 5 of 7 Y OWNER Virginia Beach I F- PROVIDER (use additional sheets if YES I NO SERVICE needed) _ Accounting and/or preparer of your tax return Architect/ Landscape Architect / Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors TiLi Engineers / Surveyors/ Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / I-I Agents/Realtors for current and 1. anticipated future sales of the sub"ect .rueert • ' 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 ,, k.sc . '3 ,___ Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. I PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 .._7.m.umwmlliiilluilli"IIIIIIIIIIIIIII.laisill:'•---<: ._k_,„H..,i 7..r/. y, . – „... ........ . , ....... .,. .i.-‘..N' ,.._. ,.. ! •. , • .. .\--„,.••e. • -, ..N. 2 ...,, ,.., / \ \,..,... \ ,„ -... . , .... \ -......... • 1 ...., -,, '....\ 2'. .-. .. '. . ., . ,, • . . , \.., ...----, . _ •• — 1 .--- — ••tk. \ . , k \ '• \ • • • . .. / . • .•....,• , N.--.---- ri, ....,,_...- •._. 1 I •• •• . _ / -• •—' . . d co — H . . Lrl _C:. • • \ .t . • -,.. • Lo er...., M \ \ N3 n I I XI \ \ Z co co 1 T„ o CD • \ 1. 01. > .-.:1 E . it. . • m . . \ 0 \ -1., 1: \-\ '‘. ..., 73 0 . •.... $, , n \,... \ r--- 0 ,..., ' Z f------- _______ -13 & .... \ \ „ . \ Is, \ \ \ \ • ... :_ , ......, ,, . _ ---____ .. 1 ------ ,.. ..... -......__, _ .., -...... ------,../ -...„ --...... .41 ';‘• ' j615.? .., 'Z ...,........4 ..._. __...... 1 1 .°If% CA --4. -"-, / ..,.. ---_, i ._,........ .......... 46 V ...._. , --. cuvrt -1).A -.. ___, _, , 1 r –........ i '7,,,t. cr. . . • 4 — .-/ '',), '6, (LI, _.... .t (d-A \L', , ____ ,. , / 71: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City Property Known as Lake Joyce and the 20' Strip of City Property Adjacent to the Rear of 4444 Shore Drive MEETING DATE: March 7, 2017 • Background: Baylake Properties, LLC, a Virginia limited liability company ("Applicant") has requested permission to construct and maintain eight 8' x 12' open pile piers and eight 4' x 6' access walkways (the "Encroachments") to serve its condominium development. The Encroachments would extend 120 Sq. Ft. into existing City property known as Lake Joyce and the 20' strip of City property around Lake Joyce located at the rear of 4444 Shore Drive. • Considerations: City Staff has reviewed the Encroachments and recommends approval of same, subject to certain conditions outlined in the encroachment agreement attached hereto. There are similar encroachments in Lake Joyce, which is where the Applicant has requested to encroach. In accordance with the recommendations of City Council to help address water quality protection in conjunction with temporary encroachments onto City property, the Encroachments have been reviewed by the Department of Planning/Environmental Management Center. A Joint Permit Application for the piers has been submitted to the Planning Department, and the exhibit submitted with this request is consistent with the exhibits submitted to Planning. City Council approved a rezoning for this property on June 2, 2015 and the piers are shown on the approved plan. The rezoning approval had 13 proffers with it and proffer 12 pertained to the piers and access to the piers through City property adjacent to Lake Joyce. The Department of Planning has reviewed this item for conformity with proffer 12. • Public Information: Advertisement of City Council Agenda • Alternatives: Deny the Encroachments, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Pictures, Location Map, Disclosure Statement, Agreement, Ordinance and Plat Recommended Action: Approval of the ordinance. Submitting Dep e t/Ag icy: Public Works/Real Estate eie , b City Manager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS LAKE 7 JOYCE AND THE 20' STRIP OF 8 CITY PROPERTY TO THE REAR 9 OF 4444 SHORE DRIVE 10 11 12 WHEREAS, Baylake Properties, LLC, a Virginia limited liability company, 13 desires to construct and maintain eight(8)8'x 12' open pile timber piers and eight(8)4'x 14 6' access walkways within the City property known as Lake Joyce and the 20' strip of City 15 property around Lake Joyce adjacent to the rear of 4444 Shore Drive; and 16 17 WHEREAS, City Council is authorized pursuant to §15.2-2009 and §15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City property subject to such terms and conditions as Council may prescribe. 20 21 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §15.2- 25 2009 and §15.2-2107, Code of Virginia, 1950, as amended Baylake Properties, LLC, its 26 heirs, assigns and successors in title are authorized to construct and maintain eight(8) 27 8' x 12' open pile piers and eight (8) 4' x 6' access walkways into existing City property 28 known as Lake Joyce and the 20' strip of City property around Lake Joyce, as shown on 29 the map entitled: "Exhibit A, ENCROACHMENT DRAWING EIGHT OPEN PILE TIMBER 30 PIERS IN LAKE JOYCE 24 JUNE 16 FOR BAYLAKE PROPERTIES LLC 4444 SHORE 31 DRIVE 23455 GPIN: 14797749120000 MAPBOOK: 104 — MAPBOOK PAGE: 0036 32 SUBDIVISION: SHORE DR LEGAL DESCRIPTION: BAYSIDE 7.808 AC B," dated 33 11/16/16 and prepared by Blakeway, a copy of which is attached hereto as Exhibit"A",and 34 on file in the Department of Public Works and to which reference is made for a more 35 particular description; 36 37 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 38 expressly subject to those terms, conditions and criteria contained in the Agreement 39 between the City of Virginia Beach and Baylake Properties, LLC, (the "Agreement"), an 40 unexecuted copy of which has been presented to the Council in its agenda, and will be 41 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia 42 Beach; 43 44 BE IT FURTHER ORDAINED, that the City Manager or his authorized 45 designee is hereby authorized to execute the Agreement; and 1 46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 47 such time as Baylake Properties, LLC, and the City Manager or his authorized designee 48 execute the Agreement. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 51 day of , 2017. CA13630 R-1 PREPARED: 01/26/17 \Wbgov.com\dfsi\applications\ciMawprod\cycom32\wpdocs\d025\p022\00346422 doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: _dyerAl (di PUBLIC O"S, REAL ESTATE a • • '. HARMEYER SENIOR CITY ATTORNEY 2 4 GPIN:14796886290000 cpLTH op 'EXHIBIT A' NO SITUS ADDRESS MAPBOOIC 010 '+1 MAPBOOK PAGE:0107 SUBDMSION: p� Lp ENCROACHMENT DRAWING PUMP STATION Sf1ES ra EIGHT OPEN PILE TIMBER PIERS OWNER CITY OF VIRGINIA 11/16/16 'T IN LAKE JOYCE GPIN:14796805B40000' : 's 8 STEPHEN M. BLEVINS 5 24 JUN 16 NO SITUS ADDRESS MAPBOOK 034 \o, q .No. 265 a FOR MAPBOOK PAGE:0052 SUBDMSION�I a `PO l��"""�,�//// 4 '� BAYLAKE PROPERTIES LLC CHESAPEAKE BEACH OWNER: 6 �I//� v G 4444 SHORE DRIVE 23455 JAMES T.HARK a2264 GREENWELI RD. , M ZONAL GPIN: 14797749120000 -- --- MAPBOOK: 104-MAPBOOK PAGE:0036 VIRGINIA BEACH,VA 23155 SUBDIVISION:SHORE DR GPIN:14796884040000 2258 GREENWELL RD MAPBOOIC 0341 / `: `'\ LEGAL DESCRIPTION: BAYSIDE 7.808 AC B MAPBOOK PAGE:0052 SUBDMSION: , 0 ,..,'�.% Eight(8)open pile timber piers.Each Pier is 8.0'x 12.0' CHESAPEAKE BEACH OWNER DAME$ N,°,°toJ�E with a40'x 6.0'access walk.All piers are the same T.HARTZ dimensions.The top of the pier shall be approximately 2258 GREENWELL RD. 36"above OHW. VIRGINIA BEACH,VA 23455 Q9I Y�'LAKE JOYCE GPIN: SCALE:1"=120'-0 fo, 15708024380000 NV l OWNER: • • NM d #'I :I CITY OF VIRGINIA BEACH a • so 7 00' 2-0' 300 NOTE A ,/ ' PIER 2�' LAKE JOYCE NOTE A: =I a .�l s PiER..l-_t dry,l' 20'Strip City Property,081018,PG154; I PIER2 - I MB 104—PG36&MB 1 0—PG 107 GPIN:14796892040000 7 �\- (,,,�,{ I t/ NO N' SITUS ADDRESS MAPBOOK:034 LT911 .'- ? l ', 1 WPBOOK PAGE:0052 I 3 Y .RIER 7 SUBDMSION:CHESAPEAKE BEACH ( - /o J-107- s‘> OWNER:JAMES T.HARK L� J $�4 NOTE A------V I 0\*16;1701"E 2184 GREENWELL RD. L l i jS 4. P 53 VIRGINIA BEACH,VA 22455 L �"' PIER 4 PIER ry c \$4T 549TE 93.5'P i /,/.' s w.0r F \ \ b� \TER 6 I _ - t PIERS �• i �2 iA V '/vk.OHW y1',4 a 4b41 a55.617F E oI 25.64E ' .a s 26.50'P GPIN:147967799450000 � ; �L ` L I0 2212 VANTAGE PT. BUTTE 101 OWNER VANTAGEh J : _ APARTMENTS LLC ,:.1:1__: := ) P.O.BOX 8815VIRIGNIA ISI - - BEACH,VA23450 f4 , i J rte- lii r� vI GGFIN:1/4408 S 7799771881E 110000 liI li -I 1 I I m SUBDMSION:SHORE Y _ 111���111 _ DRIVE Io i �- I - I m OWNER HOWARD Lys IJ I � SORREU. �/ j 709 CRYSTAL LN q$ NRGNIA BEACH,VA �. `v 23451 rt GPIN:147977161100004480SHORE a 1 . - _\ H DR SUBDMSION:SHORE DRIVE it 3 i OWNER Wt _ $I BRPATCH GEE LLC It P.O.BOX 5M3 VIRGINIA BEACH,VA 23471 I '1_ __ 574'32'25"W 520.02' _____t5.0 B�K AY. SHORE DRIVE m�owvrn VA root MGM IWO nral.0“1rr>mr. r.x.r,er>mn 1 of 3 5vp1.TH Op GPIN:14796886290000 . NO SITUS ADDRESS MAPBOOK:010 pOH f�C 'EXHIBIT A' MAPBOOK PAGE:01075 !VISION: ENCROACHMENT DRAWING PUMP STATION SITES WN :CITY OF 11/16/16 EIGHT OPEN PILE TIMBER PIERS VIRGINIAB,14- 0STEPHEN M.6LEVINS IN LAKE JOYCE ,q `_7No.� 265 �q 24 JUN 16 GPIN:14796885640000 'A .��1��. FOR NO SITUS ADDRESS MAPBOOK:034 O V/) 2v G BAYLAKE PROPERTIES LLC MAPBOOK PAGE:0052 SUBDIVISION- JONAT. 4444 SHORE DRIVE 23455 CHESAPEAKE BEACH GPIN:14797749120000 OWNER: JAMES T.JJARTZ- - \ MAPBOOK: 104-MAPBOOK PAGE:0036 2264 GREENWELL RD. 1 t. SUBDIVISION:SHORE DR VIRGINIA BEACH,VA 234551 LEGAL DESCRIPTION:BAYSIDE 7.808 AC B GPIN:14796884040000 2258 GREENWELL RD j MAPBOOK:034 MAPBOOKPAGE70052 I - - '' SCALE:1"=100'-0" SUBDIVISION:CHESAPEAKE, BEACH OWNER: ■ • JAMES T.HARTZi -/--' is 0 50 75' 100' 200' 300' 2258 GREENWELL RD. A VIRGINIA BEACH,VA 23455 LAKE JOYCE NTE I 14' -NOTE A a, 20'Strip City Property,081018,06154: PIER ,9 �� MB 104-PG36&MB 10-PG 107 GPIN:14796892040000 - l;k 6 PIEg3-_= '/y I NO SITUS ADDRESS \ PIER! j1d.i -DIMENSION FROM BEGINNING I OF PIER TO END OF PIER MAPBOOK:034 �--S / I MAPBOOK PAGE:0052 I -B1 TPJ / DIMENSION FROM BEGINNING I SUBDIVISION:CHESAPEAKE I I / ' �1.' � OF PIER TO PROPERTY UNE S.y1ER7 BEACH OWNER: -P / 7 -W JAMES T.HAR7Z I 2264 GREENWELL RD. N\ 2 y L_ NOTE A -p O 1 SEEEEBDETAIL Ar VIRGINIA BEACH,VA 23455 N. �, - 13 pia�°�� 1 S Iz PIER PIER 6 �, '\.'hbSPIER8 14. a: N 1 U W ' Fr / M \ y IER 5 i �, Mf( qui , R O,t r R \.T M l GPIN:14796799450000 ,, ic V ? �: �� `� _ ��I 2212 VANTAGE PT. �N O �� 1 SUITE 101 �� ) _I 1 OWNER:VANTAGE `NI APARTMENTS LLC n� P.O.BOX 8815 / VIRIGNIA BEACH,VA / GPI8:SHORE 16110000 23450 4408 SHORE DR SUBDIVISION:SHORE DRIVE OWNER: PIER LAYOUT AND DIMENSIONAL DATA HOWARD SORRELL 709 CRYSTAL LN DIMENSIONAL DATA: PIER DIMENSIONS: VIRGINIA BEACH,VA 7 23451 A TO B=68.0' NTOP=69.7' PIER 1:P.L.TO BEGINNING=31.0' P.L.TO END=47.25' A TO C=60.1' N TOQ=70.8' PIER 2:P.L.TO BEGINNING=16.1' P.L.TO END=30.1' DTO E=443' RTOS=511' PIER 3:P.L.TO BEGINNING=18.2' P.L.TO END=34.2' D TO F=49.1' STOT=49.6' PIER 4:P.L.TO BEGINNING=29.4' P.L.TO END=43.65' G TO H=84.9' U TOV=85.3' PIER 5:P.L.TO BEGINNING=29.8' P.L.TO END=45.15' G T0.1=82.2' VTOW=84.7' PIER6:P.L.TO BEGINNING=19.0' P.L.TO END=33.1' BLAKEWAY K TO L=46.4' XTOY=38.6' PIER 7:P.L.TO BEGINNING=22.3' P.L.TO END=36.4' +A4®�aCR L TO M=48.5' YTOZ=33.6' Mtn'PIER B:PLTO BEGINNING=8.3' P.L.TO END=22.3' ; � 2 of 3 'EXHIBIT A' ENCROACHMENT DRAWING EIGHT OPEN PILE TIMBER PIERS IN LAKE JOYCE —PROVIDE 24"APRON IF 24 JUN 16 II TIMBER IS OMITTED FOR - — BAYLAKE PROPERTIES LLC --3°/4°TIMBER POST 4444 SHORE DRIVE 23455 NOT MILLED (OPTIONAL) GPIN: 14797749120000 v3"OF HARDWOOD MULCH(SHREDDED) MAPBOOK: 104- MAPBOOK PAGE:0036 II'�.. .• •6.. SUBDIVISION:SHORE DR LEGAL DESCRIPTION:BAYSIDE 7.808 AC B ki -WOVEN FILTER CLOTH COMPACTED SUBGRADE 3. \-#4 EPDXY COATED REBAR X 24" 4'-0"o/c - MIN. 3 PER PC. 0 P 4' 8' MULCH WALKWAY DETAIL SCALE:3/8"=1.-0" G T ' PIER SF = 120 o 12'-0" op _ - — IO��F pl.TTi OF`ZP X 41-0"� 4' 0" 4' 0"y , c -� 11/16/16 $STEPHEN M.6LEVINS 0 I No. C I 265 3 -.4,/ ;CV TYPICAL TIMBER PIER *" de Iowa,,1,G DIMENSIONS 0 E: 4' 6 8' 16' SCALE: o'-0" ::i!!!!' Eight (8) open pile timber piers. Each Pier is 8.0' x 12.0' with a 4.0' x 6.0' access walk.All piers are BLAKEWAY the same dimensions. The top of the pier shall be approximately 36" above OH W.The piers are m, , constructed with 8" timber piles, 2 x 8" timber framing and 2" x 6" timber decking. 3 of 3 7 4 b :•,;,- •" - r ice'+ PIER 1, 2 8 3 "'�.3 , ► -y Y ', .11 a � a (As Shown on `Exhibit A' •► , ..r, ,....'*‘.e.' ri-' ♦ - Sheets l of 3 &2 of 3) "r • , ` .-' .,=ET tib` • • y '� �; '`•''� ^ 4'4• , �R `;'s PIER 8 r va t 'At.. �. >� „ •R.,d.411.a , • i ' 1, ,. 1 •.,, ..t ., (As Shown on `Exhibit A - s. It s,� r .. ,,4, 400 /fit .•,- ,• t• . Sheets 1 of 3 &2 of 3) a - ,rte: ' �. R^. • •�l A 're, y it* if . . ...4-$ ~e. ••.7 ` i -'dsr�' 'y•. -4.', .4 •ate/ • �f cr y r •! r [.*> Bert). �F 2345 y • :isr J ; i : • ..Y. -.- t% - ��'++E!!• '+ ,. .1 Z- !� 1, :•h,, fi{ • S r4`.r �� } �' ?£tti, ' 44 L o vim.. H..F: l :Y: c,� ss, > j i illi f�" �'�'� � !; tit 1 . s .I�1�� Y y1t:• .. +� 1r T- 4r t .' ' 1 su KERIAL FECTURE OF PECPERTY (As Shown on `Exhibit A' Sheets 1 of 3 & 2 of 3) p - .i - ,Vs,: .;.a�,.h .� ��. ta,, ' ..' .,„: t , ,f• PIER 6 & 7 ` 4• • •i li is c 1.*f r.• '. �¢ -, Ate`5sy ` � ��' ,� ` _, t #• '�; " t�, - ., r• e_. ' (As Shown on `Exhibit A' ,`F a �{ y ,e;, J. - lit Sheets lof 3 &2 of 3) n 4'i,• ,;�., .rte . '� 4 ~ Ir - r• :"- J A--4,Y -Y - - PIER 5 & 6 - (As Shown on `Exhibit A' - Sheets 1 o 3 &2 of 3) ti- '.y • '710. a. • F ,.-.=: .yam PIER 4 . --. _ '. , = - - (As Shown on 'Exhibit A' �r�'. yam'_ �. " • Sheets lof3 &2of3) _ `- „� , r w+g 44 ,, ; ti .., Cal V ___) , X I z g Q— N Qc7, � a „z4� QO C r NJ O Q � v QOO � W J U si- N } WNLLo 0O 0. 0 >- J ; Q �P ZZ Wti o O W00JC6o2 o Q ° V nL O Q = coil ' ,, N a lir UO >_ F (i) O Q `1W jimbili Jry h < 1 MIIP 1 D w ca U>, 0 aD � �k az � Tt ti v -, Da � N > o a oQ0 r X r 0 .. co QQ 1ibt \-j\vi9 °o 0 LOc). �- (, 0 l tS �— v D EQ P cn Ilf _ ....-A4 o / 4111- \ Qv 0.014 \-----\ IIPP rt / ‘ * 16Ac\ 0A\ : / `r ✓ ' c:\ \--. \i-- --i' j �FGE P� (7) , �p, tilikspj)c, ,,, cs, O r Q 2 coN N _U N a N a d z _ N N c\11 • CV CV W O N- a, Ill ‘1-1% d W • v y�N�� GREEN °' �— o \,-.er Q: ami 13 J L, a V Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 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, • �y SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. [d Check here if the APPLICANT IS a corporation, partnership, firm, business, or am CT J<. m, updated ry , cis odor to any I Page 1 of 4 arang Cearn,saloe and C y Caaricil mea rat pe,;a Le and:ca cr(s). 0 l CATa ':N,adeIC D.A7 .t i::65A`_OF riaTEZ1z31 F 4> 1W' YV"KutZt ❑ '_l _ _ DAV r'�` Ciry;inia Beach other unincorporated organization, AND THEN complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) Baylake Properties, LLC (B) List the businesses that have a parent-subsidiary r or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Bishard Development Corporation , BD Ventures,Inc. and Lewmack,Inc. See next page for information pertaining to footnotesr 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. VCheck here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) Baylake Properties, LLC (B) List the businesses that have a parent-subsidiary r or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Virginia Beach 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, Iii) 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 operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) 0 Accounting and/or preparer of your tax return Or In Architect/ Landscape Architect/ Land PlanningSolutions/Di-namic Land Planner [tee Contract Purchaser (if other than 1_andswpllly ❑ [t the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ le purchaser of the subject property (identify purchaser(s) and purchaser's service providers) k ❑ Construction Contractors Chesapeake Bay Contractors ❑ Engineers / Surveyors MSA The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. VB. Virginia Beach Financing (include current Le, ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition Townebank Vor construction of the property) �/ ❑ Legal Services Sykes, Bourdon, Ahern & Levy, D.C. Real Estate Brokers /Agents for ❑ current and anticipated future Rose and Womble sales of the subject property 11+- -,.—y> SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development 0 lll1��� 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? a 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? orcommittee in connection with this Application. —Q - - wets, rc' ,7l.a�G Steve Bishard 1.242017 APPLICANT'S SIGNATURE PRINT NAME DATE A v" bi n Steve Bishard 1.24.2017 PROPERTY OWNER'S SIGNATURE �/ PRINT NAME DATE • The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this /t rltday of Fr-AR.MAKY , 2017, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and BAYLAKE PROPERTIES, LLC, a Virginia limited liability company, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "PARCEL 'N GPIN 1479-77-4912 AREA = 309,936 SF OR 7.115 AC"; as shown on that certain plat entitled: "SUBDIVISION OF BAYVILLE AT LAKE JOYCE (MB 104, PG 36) VIRGINIA BEACH, VIRGINIA" January 6, 2016 SCALE 1"=50', prepared by MSA, P.C., which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20160705000573410, and being further designated, known, and described as 4444 Shore Drive, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to construct and maintain eight 8' x 12' open pile timber piers and eight 4' x 6' access walkways, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 1570-80-2438- (CITY PROPERTY- Lake Joyce/20' Strip of Land) 1479-77-4912; (4444 Shore Drive) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into existing City property known as Lake Joyce and the 20' strip of City property around Lake Joyce, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A' "ENCROACHMENT DRAWING EIGHT OPEN PILE TIMBER PIERS IN LAKE JOYCE 24 JUN 16 FOR BAYLAKE PROPERTIES LLC 4444 SHORE DRIVE 23455 GPIN: 14797749120000 MAPBOOK: 104 — MAPBOOK PAGE: 0036 SUBDIVISION: SHORE DR LEGAL DESCRIPTION: BAYSIDE 7.808 AC B," dated 11/16/16 and prepared by Blakeway, 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 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee 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 3 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. If the Grantee subdivides the property, the Grantee shall provide the insurance or cause the subsequent owner to provide the insurance required in the preceding paragraph for each subdivided property should that property include one of the piers that are subject to this Agreement. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 4 IN WITNESS WHEREOF, the said Baylake Properties, LLC., a Virginia limited liability company, has caused this Agreement to be executed on its behalf by, Steven W. Bishard, President of Bishard Development Corporation, Manager of Baylake Properties, LLC., who has 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. Remainder of page 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 BAYLAKE PROPERTIES, LLC, a Virginia limited liability company BY: BISHARD DEVELOPMENT CORPORATION a Virginia corporation, Manager of Baylake Properties LLC, By 4,UUN EAL) Steven W. Bishard, President of Bishard Development Corporation STATE OF Virgtnlq/ CITY/COUNTY OF V Iryil14 beack , to-wit: The foregoing instrument was acknowledged before me this 144^^ day of T-vbrkinvt1 , 2017, by Steven W. Bishard, President of Bishard Development Corporation, a Virginia corporation, Manager of Baylake Properties, LLC, a Virginia limited liability company. LUY I.0 (SEAL) Notary Public 0 V Notary Registration Number: D5J cc My Commission Expires: fta 1s1-3t tl IE — ' — — — 6 l MELONIE MCNUGN i Notary Public I r CUlnmommabb el VNgjMa 256255 My C01111111/111011 Expires Aug 31.2017 r alimipereporlPTII7 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM A RE DANA RM YER • •R CITY ATTORNEY ?lige laha DEPARTMENT 8 GP114:14796686290000 NO SITUS ADDRESS MAPBOOK 010 ' . �,P'1'TH pA, , 'EXHIBIT A' MAPBOOK PAGE:0107 SUBDMSI(M4: 0= r-4 ENCROACHMENT DRAWING PUMP STATION SITES C, EIGHT OPEN PILE TIMBER PIERS OWNER:CITY OF VRGNw 11/16/16 IN LAKE JOYCE a w,l4raeeaset0000 01 STEPHEN M.BLEVINS 24 JUN 16 NDSrMS ADDRESS MMBOOK:03481 \364(°' a •�, `ANO' 265 C FOR REBOOK PAGE:0052 SUBDMS )N:S, ••s, "r" .,', 4I - BAYLAKE PROPERTIES LLC CHESAPEAKE BEACH OWNER: \2 SWI r 0 4444 SHORE DRIVE 23455 JA1A2284 GREENWELL Wp " ZONAL GPIN: 14797749120000 7284OREENWELL RD. MAPBOOK: 104-MAPBOOK PAGE:0036 VIRGINIA BEACH,VA 23455 SUBDIVISION:SHORE DR opR:u7aem461o9BB �\ ' LEGAL DESCRIPTION:BAYSIDE 7.808 AC B 2258 GREENWEIL RD MAPBOCE 034 ! ',',\ MAPBOOK PAGE:0052 SUBDMSION:I O ,\s: Eight(8)open pile timber piers.Each Pier Is 8.0'x 12.0' CHESAPEAKE BEACH OWNER JME$ Wq E with a 4.01x 6.0'access walk All piers are the same T.HARTZ fir'-tom_--==" dimensions.The top of the pier shall be approximately 2258 GREENWELL RD. c 36"above OHW. VROINIA BEACH,VA 23455 co 1 LAKE JOYCE GPIN: SCALE:V=120'-0 r , 15708024380 000 �(41A 1:1OWNER: • •• mi rm j r , CITY • OF VIRGINIA BEACH • so' 7 00' 2o0 300 NOTE A -xy� " v�ER _� LAKE JOYCE NOTE A: Ria <., PIE2Y=-.1 / 20'Strip City Properly,DB 1E18,PG154; T MB 104-PG36 B MB 10-P6107 CPIR14796892040000I �'- ma 4! 1 NO SINS ADDRESS MAPBOCX:034 I . S:1 / Ir r MAPBOCE PAGE 0052 ' I 4ir4 r rJER7 SUBDMSION:CHESAPEAKE BEACH / OWNER:JAMES T.HARTZ I I ♦ ) p$� NOTE A---# •- '.. \ N671r0t•E 2264 GREENWELL RD. VIRGINIA BEACH,VA 23455 t- PIER 4 PICK ry � \4sTEw.ot PF I /t. t ' } PIER _- - \�` PIERS iTe.i, - L �3 4Nt' swsd4z'e J \'\ f a H )sy\\ 35.69'F GPB1:14798799450000 = �.__.I � SNI 'O 2212 VANTAGE PT. SURE 101 I % D' OWNER:VANTAGE7C - 11..--1,_ 151 APARTMENTS LLC 2L ,�T _ — -_ 1 1 P.O.BOX 8815VIRIGNIA - - of REACH,VA 23150 I`,f [ I, - - - • :1 1 110000 I$ I a 31AWVISIIXJ:SHORE DRNE o OMER HOWARD I m �[ L 6, �i�_ II SORRELL /�,i -�; e 709 CRYSTAL N d\ 'N / 1� 2 VRINIABEACH,VA -tti GPIN:147977181100004460 SHORE — DRSUBDMSION:SHORE DRIVE � �� OWNER — BRIAR PATCH GEE LLC I-1 ' VIRGINIA BEACH, `L. ,r 1 UIRGINw BEACH,VA 23471 ( �, - k lit -——-— —'—-- I 5 7413W snooz ------1a BLAKEWAY SHORE DRIVE n 1 of 3 GPIN:14796886290000 .14-0,171.1 Op` NO SITUS ADDRESS MAPBOOK:010 0*. 4 A' MAPBOOK PAGE:0107 (VISION: 11/16116 2 ENCROACHMENT DRAWING PUMP STATION SITES WN :CITY OF ry EIGHT OPEN PILE TIMBER PIERS VIRGINIA 13,14' STEPHEN M.ILEVINS IN LAKE JOYCE .NO.' 265 q 24JUN16 GPIN:14796885640000 1 ..J NO SITUS ADDRESS MAPBOOK:0314 ' 0 to v 0 BAYLAKE PROPERTIES LLC MAPBOOK PAGE:0052 S U B D I V I S ION\ LONAL0• 4444 SHORE DRIVE 23455 CHESAPEAKE BEACH GPIN:14797749120000 OWNER: JAMES T-HARTZ - \ MAPBOOK:104-MAPBOOK PAGE:0036 2264 GREENWELL RD. I t SUBDIVISION:SHORE DR VIRGINIA BEACH,VA 234551 • LEGAL DESCRIPTION:BAYSIDE 7.808 AC B GPIN:14796884040000 '\,�\ 2258 GREENWELL RDj' \,',, MAPBOOK:034 I MAMMON-PAGE:005Z-1 - .'' SCALE:11'=100'-0" SUBDIVISION:CHESAPEAKE] �- . U - BEACH OWNER: L' ■ ■ ■ a - ma JAMES T.HARTZ 1 0 50' 75 100' 200 Sar 2258 GREENWELL RD. JOYCE LAKE VIRGINIA BEACH,VA 234551 J 1I NOTEA: i *PIER NOTE A �, 20'Strip City Property,DB 1018,PG154; C.7 MB104-PG36&M810-PG107 VGPIN:14796892040000 o PIEIj3-„NO SITUS ADDRESS \, t.4e PIER 2 +4.4!!..-- 1 ii raulElaloR Fll0MBE41RHIH6 Of PIE0.T0 ENU 0G PlER MAPBOOK 034 6 I_ , rop-`r ;',..6 / I MAPBOOK PAGE:W52 I _J` 'of �, •! I; / RWENR TO PROM PROPERTY BEGINNING =1 SUBDIVISION:CHESAPEAKE �� OF PIER TO PROPERm uHE I_PfER7 BEACH OWNER: -&-- F i/ p \y JAMES T.HARTZ I (1' ! � N // ! `UMuCH VArWAr 2264 GREENWELL RD. __f H11 ! L, NOTE A- + 'SEE DErart VIRGINIA BEACH,VA 23455 \ - q1'' � " � ]+ �. f q•F PIER 4 PIER 6 / ,t/ . I . .\)HA ;ER 8 1M ;15 , / _ u I r.: / M\\ 4.,424.,PIER 'S'( $ 9 t ui GPIN:14796799450000 I, \-.\ 1 / / ' ,- , J i . 2212 VANTAGE PT. \'0 \ SUITE 101 1i,F 1 I V / 1 1 OWNER:VANTAGE \\1 1 APARTMENTS LLC o - P.O.BOX 8815 n A\ VIRIGNIA BEACH,VA i - �/ G4.14797716110 000 4408 SHORE DR 23450 SUBDIVISION:SHORE DRIVE OWNER: PIER LAYOUT AND DIMENSIONAL DATA HOWARD SORRELL 709 CRYSTAL LN DIMENSIONAL DATA: PIER DIMENSIONS: VIRGINIA BEACH,VA ATO 8=65.0' NTO P=69.7' PIER 1:P.L.TO BEGINNING=31.0' P.L.TO END=47.25' 23451 D TO C=44.5' NTO = PIER 3:P.L.TO BEGINNING=18.1' P.L.TO END= .2' 34 D TOE=49.1' 5 TOS=41.1'9.1' PIER 3:P.L.TO BEGINNING=29.4' P.L.TO END 34.2' G TO H=47' 5 TOT= PIER 4:P.L.TO BEGINNING=29.4' P.L.TO END=43.65' G TO H=84.9' U TO V=85.385.3' PIERS:RLT0 BEGINNING=29.8' P.LTO END 45.15' G TO 1=82.2' V TOW=84.7' PIER6:P.L.TO BEGINNING=19.0' P.L.TO END=33.1' BLAKEWAY K TO L=46.4' X TO Y=38.6' PIER 7:P.L.TO BEGINNING=22.3' P.L.TO END=36.4' nokummcoacx LTOM=485 YTOZ=33.6' PIER 8:P.L.TO BEGINNING=8.3' P.L.TO END=22.3' ^i 2 of 3 'EXHIBIT A' ENCROACHMENT DRAWING EIGHT OPEN PILE TIMBER PIERS IN LAKE JOYCE PROVIDE 24"APRON IF 24 JUN 16 TIMBER IS OMITTED 4-r FOR BAYLAKE PROPERTIES LLC 3'/4"TIMBER POST 4444 SHORE DRIVE 23455 / NOT MILLED(OPTIONAL) I GPIN: 14797749120000 r3'OF HARDWOOD MULCH (SHREDDED) MAPBOOK: 104-MAPBOOK PAGE:0036 SUBDIVISION:SHORE DR LEGAL DESCRIPTION:BAYSIDE 7.808 AC B --WOVEN FILTER CLOTH ‘‘—COMPACTED SUBGRADE \-k4 EPDXY COATED REBAR X 24" 4'-0"o/c-MIN. 3 PER PC. 0 1' 4' 8' MULCH WALKWAY DETAIL SCALE:3/8"=1'-0" 0 o--- 4 � PIER SF = 120 o 12'-0" ao 0 0 0 0 . 1 ��1Tx Op t: 4-0" 4-0" 4'-07 0 2o. - -I I 11/16/16 'L WII $STEtHEN M.BLEVINS No. 265 265 TYPICAL TIMBER PIER wo NAL DIMENSIONS 0 2' 4 6 B' 16' SCALE:1"=6'-0" Eight (8) open pile timber piers . Each Pier is 8.0' x 12.0' with a 4.0' x 6.0' access walk.All piers are the same dimensions.The top of the pier shall be BLAKEINAY approximately 36" above OH W.The piers are ;oma „ constructed with 8" timber piles, 2 x 8" timber framing and 2"x 6" timber decking. 3 of 3 [ 6rartiAa,)2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize a Temporary Encroachment into a Portion of City Property Known as Canal #2 Located at the rear of Progress Lane MEETING DATE: March 7, 2017 • Background: Oceana Development, LLC, a Virginia limited liability company, (the "Applicant") has requested permission to install and maintain a 30" storm drainage pipe (the "Encroachment") located at the rear of Progress Lane. The Encroachment would extend into City property known as Canal #2, for a distance of approximately 65.5. A construction site plan has been submitted to the Planning Department for an Office/Manufacturing facility on 9.05 acres of land. The site will drain into the retention facility (BMP) and discharge into Canal #2. • Considerations: City Staff has reviewed the requested encroachment and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Canal #2, which is where the Applicant has requested to encroach. The Ordinance and Agreement make the approval of the temporary encroachment subject to the 1985 Canal #2 Coordination Agreement between the City and the U.S. Army Corps of Engineers (USACE). • 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, Disclosure Form, Agreement, Ordinance and Plat. Recommended Action: Approval of the ordinance. Submitting Dep. • I ent/Agency: Public Works/Real Estate LBC P.icti City Manager: it ►�+yam 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO A 5 PORTION OF CITY PROPERTY KNOWN 6 AS CANAL #2, LOCATED AT THE REAR 7 OF PROGRESS LANE 8 9 WHEREAS, Oceana Development LLC, a Virginia limited liability company, 10 desires to install and maintain a 30"storm drainage pipe within the City property known as 11 Canal #2; and 12 13 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 14 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 15 the City's property subject to such terms and conditions as Council may prescribe. 16 17 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 That pursuant to the authority and to the extent thereof contained in§§ 15.2- 21 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Oceana Development LLC, its 22 assigns and successors in title are authorized to install and maintain a 30" storm drainage 23 pipe in the City's property known as Canal#2 as shown on the map entitled: "EXHIBIT A 24 FOR SANJO CORTE FINO FOR DRAINAGE ENCROACHMENT VIRGINIA BEACH — 25 VIRGINIA SCALE: AS NOTED OCTOBER 31, 2016 APPLICANT: OCEANA 26 DEVELOPMENT LLC," prepared by NDI, Engineering Company, a copy of which is 27 attached hereto as Exhibit "A", and on file in the Department of Public Works and to which 28 reference is made for a more particular 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 Oceana Development LLC, (the"Agreement"), an unexecuted copy 33 of which has been presented to the Council in its agenda, and will be recorded among the 34 records 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; 38 39 BE IT FURTHER ORDAINED,that the permission to install and maintain the 40 30"storm drainage pipe provided herein,and further described in the Agreement, is subject 41 to the 1985 Canal #2 Coordination Agreement between the City and the U.S. Army Corps 42 of Engineers. If the City receives notice from the U.S. Army Corps of Engineers that the 43 30" storm drainage pipe violates the 1985 Canal #2 Coordination Agreement, the 44 permission to install and maintain such pipe shall be immediately revoked; and 1 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as Oceana Development LLC, and the City Manager or his authorized designee 47 executes the Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 50 day of , 2017. CA13849 R-1 PREPARED: 02/27/17 \\vbgav comWfs1applications\cirylawprod\cycom32\wpdocs\02)b025\00353283.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: 41,4, 5 4,,, PU:LIC OR a REAL ESTATE CITYATT4R Y 2 ri r� E lc VON i I w �� �°" 1 'ifs jir a 1 lir. I rip ,rY Erriaru sou gra 4 1101 , all 11 Lowly: ADC The Mop People Peroi[ted Use No. 20511186. LOCATION MAP SCALE: 1" = 1000' — _ EXHIBIT A FOR SANJO CORTE FINO FOR DRAINAGE ENCROACHMENT VIRGINIA BEACH — VIRGINIA SCALE AS NOTED OCTOBER 31, 2016 APPLICANT: BCEANA DEVELOPMENT LLC NDI ENGINEERING COMPANY BASGIER AND ASSOCIATES DIVISION ENGINE ERs—SUR UEYORE—PLANNERS 572 CENTRAL DRI'✓E, SUITE 7133, VIRGINIA BEACH, VIRGINIA 23454 PHONE- (757) 431 2777 FAX (757) 431-2775 SHEET 1 0= 4 0. W6S' MATCFL.FE SHEET 3 ,,\ - \ �J ` e . of // m aY <I Y.% il ^, 7 r 489 PROGRESS LANE. LLC A. � � g j Q NOW OR FORMERLY ++o GPIN. 1497-60-6277 ^ LBIP PHASE V Ira / ` PARCEL 1—B ° al �' IN 20120105000018070 d° L� v 8,7, / ZONED: I-1 O" �� Iii-107 L HE e it ��Lh hi j . I �` lj 8111 5rm IW Inv 98,5 1 o -co 11 cb toIc LC. eIm 1245 wmo h a lnv 9.48 Ld m jN U O ziN z 1 Qo m a Qi s� o0 m_ In wm n0 �h LUIS ';',9 0 1 43 0 40 80 Feet Ali i CC/ a N 4i GRAPHIC SCALE ,'z EXHIBIT A FOR SANJO CORTE FINO FOR DRAINAGE ENCROACHMENT VIRGINIA BEACH - VIRGINIA SCALE; AS NOTED OCTOBER 31, 2016 APPLICANT: OCEANA DEVELOPMENT LLC NDI, ENGINEERING COMPANY BASGIER AND ASSOCIATES DIVISION ENGINEERS-SLRVFYORE PLANNERS :i 72 PR LPL DRIVE :LL 103 VPHLI!iA PI ACP, 4I 2/ERA 23454 PHONE (757) 431-2177 FAX (757) 43„ 2175 SHEEl 2 OF 4 ,..�. Wc`_.- R MATCFLIE BF T C. p�2-- /�P / 5�V9 / / �\ �, �.. N �R' / / r SI �EO -50 E 65' / / NOW 00 ��or'MERLv PRpQ�PGS YTP / ----T.'''. / OCEANA DEVELOPMENT, LLC GPIN• i497-61-7001 �RPTN / o° LIP PHAS 0V 3' / PARCEL • fi / - INJ2012011 qr i0 :n1l / J Z� ED 1,�0 j j j / �a / � / / i ------ ---- ----P- ---- K <,,, Ti,:2-J \m ao- I 2 ,, , //\.\:;: : ,,(;11 So \6� J ,"1NOW�R FORMERLY tf` 489 PROGRESS LANE, LLC - GPIN: 1497-60-6277 � �� � LBIP PHASE V PARCEL 1-B IN 20120105000018070 . Ktt � ZONED: I-1 MATCIZ 40 0 40 80 EpP± -_ EXHIBIT A 6P..PH77c SC.LU FOR SANJO CORTE FINO FOR DRAINAGE ENCROACHMENT VIRGINIA BEACH — VIRGINIA SCALE: AS NOTED OCTOBER 31, 2016 APPLICANT: ECEANA DEVELOPMENT LLC NDI, ENGINEERING COMPANY BASGIER AND ASSOCIATES DIVISION C!NEERS `UPVEYGRS-PLANNERS 572 TRA, Ok ✓� 5 102 a INIA BEA 'C11\'!A 23454 P'L t,E 431-21% IA .: (;577 43 27/: S 1.-r ET 3 or 4 40 0 80 feet • NOW OR FORMERLY CITYVB GPIT RE4F-C— REC1 NO PLAT REF—CITY RECORDS ZONED:: IRio II PA SUFFER WAS ESTABLISHED MTH LONDON BRIDGE INDUSTRIAL / PARR. PHASE PLANS. DSc LE 007-3464. Onn .D2v o1 u F y e p.SSEN9' AA' gd St • eoge SEO 3p 66 5 a9� -pa .� ROpO PSE p\P • � RP\ NOW OR FOR MEry. 'aRy CITY -60- O, n c59 GPINAL NO. 0-14T p ,EANAL No. z PLAT 94'0 (5 MB 173, PG 47 �FS Y a>, _ IAATCFLlE 3 ZONED_ R10 �0 i EXHIBIT A FOR SANJO CORTE FINO FOR DRAINAGE ENCROACHMENT VIRGINIA BEACH — VIRGINIA SCALE: AS NOTED OCTOBER 31, 2016 APPLICANT: OCEANA DEVELOPMENT LLC NM, ENGINEERING COMPANY BASGIER AND ASSOCIATES DIVISION E NGi P•JL ER S-S Jk'✓F'!GR5_,"._A NPrE R s 57 BAL GR 7llTE !03 R J4 GEA "CAM 754.54 PRUNE (7 7) 431-21/ 17X: (/57) 4 !-2!75 SHEE 4 OF 4 J.C. WE57 _ _ ._ Flipp --_,,,,. imar..,...::? wisiA nil I CO i .. .— . Oil 81.9N013 ___I L i 0 _1 2 : '. --- '6 PI. L–' f— -- - ')C>, -:- ct Cl) 4 5. 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Virginia Beach OCEANA DEVELOPMENT, LLCAPPLICANT'S NAME DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Appeals Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board r,��.v.... . . a,�,.�._._....�..,.�.�_... - The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(D weeks prior 10 any Page 1 of S Mannino Commission and Coy Council meeting Ilial pertains to (he applicatlor:(s). O APPLICANT NOTIFIED OF HEARING CATS Er NO CHANGES AS OF L:AI L Z IZB)1Z ?62. Cp`3t c_ HILLc� n REVISIONS SUM nu) DAT" I /Le Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, IR----Check or other unincorporated organization. (.4f Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name._ _Q 9f`rA" DWiwi; Lia If an LLC, list all member's names: , )_igect > [h iL h- If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (R) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) —nett_ 011 1eft ca.(p 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. 1-97.-"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: (OCE4 ' J4LOPP19Ql LLC If an LLC, list the member's names: „3—CccOc-s] 4-11 kt . Page 2 of 5 Virginia Beath 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 relationship with the Property Owner: (Attach list if necessary) -the_ Mktire(C4ca-te Gr)QAott5 Trr 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 § 22-3101. 2 "Affiliated business entityrelationship" means relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (li) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities" See State and Local Government Conflict of Interests Act, Va. Code§ 2.2-3101_ 4-^._ _ W amu.._ SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 Virginia Beach. YES NO SERVICE PROVIDER(use additional sheets if needed) 0 B Accounting and/or preparer of your tax return " ❑ Architect / Landscape Architect/ ' Land Planner Cif/L.4 J N 4dDUX Contract Purchaser(if other than 5A03-0 (4&& A 46141‘146141‘1❑ Fl the Applicant) - identify purchaser and purchaser's service providers Le%e- I Q..c aurae_ Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s)and purchasers service providers) 12r n Construction Contractors Thit. cry'L1t( 6swup 12 0 Engineers/Surveyors/Agents JL .L P)Pibraiier Financing (include current a ""- ❑ mortgage holders and lenders —110N� Cs4P$tfl4t �' � LJ selected or being considered to (ai kjgcrt` provide financing for acquisition ] or construction of the property) 00115iaQfedQ 121 D Legal Services F( e.({- d- Cried(p(1 Real Estate Brokers / J ❑ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ,--/ ❑ an interest in the subject land or any proposed development L14 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? -741-12.0to Mil(-ea ?joa-¢o ()impact — V\G(9tNf A (3 4004 D&o4wPcowinT Acrtoo+T'-f Page 4 of 5 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application, APPLI ^" S SIGNATURE PRINT NAME DATE c /1' 34J2 &b it/i4/1ri' PR ER OWNER'S SIGNATURE PRINT NAME ] DATE • Page 5 of 5 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this dendayof F4.'„tcl4ty , 2017, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and OCEANA DEVELOPMENT, LLC, a Virginia limited liability company, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "PARCEL A-1, LONDON BRIDGE INDUSTRIAL PARK" as shown on that certain plat entitled: "RESUBDIVISON OF PARCEL 1-A LONDON BRIDGE INDUSTRIAL PARK (RESIDUAL AREA) PHASE V (IN 20090204000110560) AND PROPERTY OF OCEANA DEVELOPMENT, LLC (IN 200409240152551) VIRGINIA BEACH, VIRGINIA" Scale: 1"= 60', dated November 15, 2011, prepared by NDI, LLC., which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20120105000018070, and being further designated, known, and described as Progress Lane, Virginia Beach, Virginia 23454; WHEREAS, it is proposed by the Grantee to install and maintain a 30" storm drainage pipe, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 1497-60-1468 (CITY PROPERTY—CANAL #2) 1497-61-7001 (Progress Lane) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Canal#2, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. WHEREAS, the Canal #2 area is the subject of a 1985 Canal #2 Coordination Agreement between the City and the U.S. Army Corps of Engineers. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A FOR SANJO CORTE FINO FOR DRAINAGE ENCROACHMENT VIRGINIA BEACH — VIRGINIA SCALE: AS NOTED OCTOBER 31, 2016 APPLICANT: OCEANA DEVELOPMENT LLC," prepared by NDI, Engineering Company, 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 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreement that the Temporary Encroachment is subject to the requirements and restrictions provided by the 1985 Canal #2 Coordination Agreement between the City and the U.S. Army Corps of Engineers (USACE). If the City receives notice from the USACE that the Temporary Encroachment violates the 1985 Canal #2 Coordination Agreement, the permission to 3 install and maintain such pipe shall be immediately revoked. The requirement to remove such Temporary Encroachment will be subject to the determination of the City and the USACE as to the appropriate remedial measure to correct any violation of the 1985 Canal Coordination Agreement. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. 4 It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Oceana Development, LLC, a Virginia limited liability company, has caused this Agreement to be executed by Jerrold L. Miller, Manager of Oceana Development, LLC, a Virginia limited liability company, 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 Oceana Development, LLC, a Virginia limited liability company By ) (SEAL) Jet L. Miller, Manager STATE OF tit rq t "� CITY/COUNTY OF V 1 rq ,r.,,auCf;to-wit: The foregoing instrument was acknowledged before me this 2.S? day of c\-ina .,Nts,- , 2017 by Jerrold L. Miller, Manager of Oceana Development, LLC, a Virginia limited liability company. epp.--"Iry ����� (SEAL) Public Catherine Nasello-Lew Notary Registration Number: I S. °I. I ' ' + commonwenim of Virginia My Commission Expires: L4 30 'in O �✓,I. s ,on N. to 7. !yy: ;,/ Ccm[1' 788397 My fcmmis,*trm Exires 49011020 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ATUr .TCC N P W DEPARTMENT 7 I u. per= %.,1-1:,, k i 11 1 N �� F]till". la Yr t !/� - s E SAP Pr i•fY� - ,/ . ii. ; • �t 1/P/rI�S' .! _ 1 ii F ;I ©I etit, E Pups 1 i tb, CepmeetACC The Mae 'eople Permitted Use No. 20511186. LOCATION MAP SCALE: 1" = 1000' EXHIBIT A FOR SANJO CORTE FINO FOR DRAINAGE ENCROACHMENT VIRGINIA BEACH — VIRGINIA SCALE: AS NOTED OCTOBER 31, 2016 APPLICANT: OCEANA DEVELOPMENT LLC NDI ENGINEERING COMPANY BASGIER AND ASSOCIATES DIVISION ENGINEERS-SUR'✓LQR5 PLANNERS 572 RAL OPo/ SUITE Wi r7P INIA 8E✓i2H V4GINIA 25454 PHINC iPe57) 434-2i77 FAX: (7`57,' 43'-2'75 SFLEF 1 OF 4 W657 F MATCFL� SFE ET BFf 3 - u - V3 --44---4./ . 91 ter--- } r 4 NOW OR FORMERLY �'- I o> 489 PROGRESS LANE, LLC o: GPIN• 1497-60-6277 v III',.� �! LPHASE1 I ✓ __- C� PARCEL 1-B IN 201212 0105000000180]0 4 ZONED: I-1SI: \QL F - 11, II01 Sy_,i(+�� // 'Ij cbe" cp 1 rim 1 o" Inv 9P8 3 n0 -co cb 1J . ). irim 24, No Inv 948 �i a co 0 I-Lhh II Z i U O Zi* .dC CO RIi 30 =IO yJwO 0 V1AN 10 -0NZ 0� Cee 0 C9 00 40 0 40 80 r89t Cd-�oco 0 4N OR2PHIC £04LL b2 EXHIBIT A FOR SANJO CORTE FINO FOR DRAINAGE ENCROACHMENT VIRGINIA BEACH - VIRGINIA SCALE: AS NOTED OCTOBER 31, 2016 APPLICANT: OCEANA DEVELOPMENT LLC NDI, ENGINEERING COMPANY BASGIER AND ASSOCIATES DIVISION ' C NEFRS-SUR✓EY0RS-P:A^.',dBc : 7� kA: DR ✓ S!1E 103, IR-�\'1A BEAC vR,C%A 234.54 PdoNt (754) 431-2177 FAY- (757) 4., 2775 SHEET 2 OF 4 J O. W657 I— — -drat. SHEET a - 2?i ,- - / .. N ?A>G79 �/ / I )---/- M It / / / •'' ' / ' g0 5 / / NOW DR FORMERLY 0 0 P9,0PO PGE\OEPE / OCEANA DTVELDPMENr, LLC Rr � / ,/" ' ,...----- GRIN'349]-61—]001 Q i JP PHASEo.,V P4RCEL , , .1 / i , --C--.--. / -•--- r1 0 -L DOM. 1*9 y" / I-' / / I. / / I , / -e / <''' , <:::\ ,V \ s Y 7 s t O � � 4 ti� S. / wq NOW FORMERLY ')./0 489 PROGRESS LANE, LLC GRIN: 1497-60-6277 n, CC ��� N LBIP PHASE V PARCEL 1-B N 20120105000018070 �" a ZONED: T eQFC- E 40 80 feet EXHIBIT A GR(PHIC SCRLE FOR SANJO CORTE FINO FOR DRAINAGE ENCROACHMENT VIRGINIA BEACH — VIRGINIA SCALE: AS NOTED ECTEBER 31, 2016 APPLICANT: OCEANA DEVELOPMENT LLC NDI, ENGINEERING COMPANY BASGIER AND ASSOCIATES DIVISION ENCINFLRS—SL�a�VEYQRS P_ANN[!s 572 °n ; 4 % SU,"C iO'3 t•4 REA H A 234;4 (71:/) 431-2177 FAX (75777 ^31-27r; S-IEl_ I rNF 4 0. plEJ 0 - - 0 EC Fee- — - - NOW OR FORMERLY CITY OF VB GRIN 1497-60-0721 NO PLAT REF-CITY RECORDS ZONED: R10 1J CUPA BUFFER WAS ESTABLISHEDESPATH LONDON BRIDLE INDUSTRIAL PARK, PHASE n 3464. SP1 EPW/ y �M FZ g0 cC 5 � 'o QRP\" NOW OR FORME51.ITY r �q"✓B i CPINCJA97��1458 Od4i S0 ,EANAL N0. 2 PLAT y0 v,+' MB 173, PG 47 �r L_rower MATCFLsEset 3 ZONED'. R10 • �BG EXHIBIT A FOR SANJO CORTE FINO FOR DRAINAGE ENCROACHMENT VIRGINIA BEACH — VIRGINIA SCALE; AS NOTED OCTOBER 31, 2016 APPLICANT: OCEANA DEVELOPMENT LLC NDI, ENGINEERING COMPANY BASGIER AND ASSOCIATES DIVISION !rs-SurcCEmus-�;4r< ,�rc; y7 I aA L;F.yF LIITI 'C3, ✓v A Bfl C• N.'N:A 214:4 175,7 4i; 2177 A/ ' -57i 4S!-2175 SHEET 4 PE 4 67? CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Fund Balance of the Multi-Modal Fund to the City Council Norfolk-Southern Right-of-Way Acquisition Refund Account MEETING DATE: March 7, 2017 • Background: At its February 21, 2017, meeting, the City Council directed the City Manager to bring forward an ordinance to appropriate the fund balance of the Multi- Modal Fund to the City Council Norfolk-Southern Right-of-Way Acquisition Refund Account. • Considerations: The attached ordinance appropriates the fund balance of the Multi-Modal Fund, which currently has $14,976,969. If adopted, the available balance in the City Council Norfolk-Southern Right-of-Way Acquisition Refund Account would be $25,000,000. The Council has directed that $25 million is to be reserved in the aforementioned account to repay obligations related to the acquisition of the Norfolk- Southern Right-of-Way. • Public Information: Public information will be coordinated through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval eP,C5 Submitting Departgency: Department of Budget and Management Services City Manager:* 1 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF 2 THE MULTI-MODAL FUND TO THE CITY COUNCIL 3 NORFOLK-SOUTHERN RIGHT-OF-WAY ACQUISITION 4 REFUND ACCOUNT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $14,976,969 in fund balance of the Multi-Modal Fund is hereby 10 appropriated, with revenues increased accordingly, to the City Council Norfolk-Southern 11 Right-of-Way Acquisition Refund Account. 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 A. Bradley Dana R. Budget and Management Services City Attorney's Office CA13947 R-1 February 24, 2017 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: March 7, 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. The City has been awarded $10,000 from the Virginia Department of Emergency Management (VDEM) from the FY 2016 State Homeland Security Grant Program. This is a federal grant from the U.S. Department of Homeland Security that is passed through VDEM. The grant's purpose is to enhance the capabilities and provide training for the Citizens Emergency Response Team (CERT) program for the City of Virginia Beach. • Considerations: The total grant amount is $10,000, with no City match requirement. The end of the program period is March 31, 2018. • 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% . - • • gency: Office of Emergency Managem/# City Manager: K. 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDING FROM THE VIRGINIA DEPARTMENT 3 OF EMERGENCY MANAGEMENT TO THE FY 2016-17 4 OPERATING BUDGET OF THE OFFICE OF EMERGENCY 5 MANAGEMENT 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That a grant totaling $10,000 from the Virginia Department of Emergency 11 Management's FY 2016 State Homeland Security Grant Program is hereby accepted 12 and appropriated, with estimated federal revenue increased accordingly, to the FY 13 2016-17 Operating Budget of the Office of Emergency Management to enhance the 14 capabilities and provided training for the Citizens 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: /L2 CtirtrQj1A, \ .41David A. Bradley / - - ' rmeyer Budget and Management Services City Attorney's Office CA13945 R-1 February 22, 2017 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds from the Federal Emergency Management Agency to the Virginia Task Force 2 Urban Search and Rescue Team for the Purchase and Maintenance of Communication Equipment MEETING DATE: March 7, 2017 • Background: The Federal Emergency Management Agency, the emergency preparedness branch of the Department of Homeland Security, provides funding for Virginia Task Force 2 (VA-TF2), Urban Search and Rescue Team. This funding supports personnel costs, equipment and supplies, facility leasing, training and travel necessary to maintain the Team at an expected level of response capability and state of readiness. The City of Virginia Beach is the sponsoring agency for VA-TF2 • Considerations: FEMA has awarded VA-TF2 a new grant totaling $49,151 to cover the costs related to the purchase and maintenance of communication equipment. The grant does not require a local match. • Public Information: Public information will be coordinated through the normal agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting D artment/Agency: Fire Department City Manager: I 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FROM THE FEDERAL EMERGENCY 3 MANAGEMENT AGENCY TO THE VIRGINIA TASK 4 FORCE 2 URBAN SEARCH AND RESCUE TEAM 5 FOR THE PURCHASE AND MAINTENANCE OF 6 COMMUNICATION EQUIPMENT 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That $49,151 is hereby accepted from the Federal Emergency Management 12 Agency of the U. S. Department of Homeland Security and appropriated, with federal 13 revenue increased accordingly, to the FY 2017-18 Operating Budget of the Fire 14 Department for operating costs of the Virginia Task Force 2 Urban Search and Rescue 15 Team to include the purchase and maintenance of communications equipment. 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: -i--)lf/ 1 / i 2 David Bradley 'ana Harmeyer Budget and Management Services City Attorney's Office CA13926 R-2 February 27, 2017 K. PLANNING 1. ELBOW ROAD INVESTMENTS, LLC and LYMAN STUART CLARKE for a Variance to Section 4.4 (b) of the Subdivision Regulations re lot width at 4261 Elbow Road and a parcel at Eastern corner of the intersection with Indian River Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 2. RIVER CITY RECOVERY, LLC and MASAG II, LLC for a Modification of Conditions re a Bulk Storage Yard to store repossessed vehicles at 1528 Centerville Turnpike(Approved January 12, 2010) DISTRICT 2— KEMPSVILLE RECOMMENDATION: APPROVAL 3. CENTRAL DRIVE MINI STORAGE, INC. for a Modification of Proffers re size and location of building at the Northeast comer of General Booth Boulevard and Nimmo Parkway (Approved May 27, 2014) DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 4. THE BUNNY HUTCH, INC. and JUSTIN M. FAILLA for a Conditional Use Permit re a Wildlife Rehabilitation and an Animal Shelter at 1165 Jensen Drive DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. SMARTMOUTH BREWING CO., LLC and RUNNYMEDE CORP. for a Conditional Use Permit re a Craft Brewery 313 32nd Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 6. MCDONALD GARDEN MARKET, LLC and PMIG 1020, LLC for a Conditional Use Permit re an Open-Air Market at 4664 Princess Anne Road DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 7. CITY OF VIRGINIA BEACH Ordinance to AMEND § 7.3.1 of the Oceanfront Resort District Form-Based Code re Alternative Compliance for parking RECOMMENDATION: APPROVAL NOTICE OF PUBLIC HEARING The regular meeting of the City Council of me City of Virginia Beach will be held In the Council Chamber of the City Hell Building, Municipal Center, Virginia Beach, Virginia. Tuesday, March 7, 2017 at 6:00 p.m., al which time the following applications will be heard: DISTRICT 2-NEMPSVILIF 7 River City Recovery. LLC/MASAG II. LLC MCddify60o of COndiOOnn j (Bulk Storage Yard)1528 Centerville Turnpike(GPIN 1455755284) DISTRICT 6-BEACH The Bunny Hutch, Inc.lustn M. radia conditional Use Permll(Wildlife Rehabilitation Facility and Animal Shelter) 1165 Jensen Drive (GPIN 2417434300) DISTRICT 6-BEACH smartmouth Brewing Co., LLC/ Runnymede Corp. Conditional IIs- Permit (Craft Brewery) 313 325 Street(GPIN 2418928642) DISTRICT 7-PRINCESS ANNE Elbow Road Investments,LLC/Lyman Stuart Clarke Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) 4261 Elbow Road & parcel located at eastern corner of the intersection of Elbow Rona 8 Indian River Road (GPINs 1474454492,1474453342) DISTRICT 7-PRINCESS.ANNE Central Drive Mini Storage. Inc. Modification of Proffers Northeast corner of General Booth Boulevard& Nimma Pkwy (GPINS 2414174511,2414077143, 2414172167.2414170309, 2414173206) DISfhICr 2-KEMPSVILIE McDonald Garden Market LLC/PM IG 1020, LLC Conditional Use Permit (Open Air Market) 4664 Princess Anne Road)GPIN 1476431521) CITY OF VIRGINIA BEACH- An Ordinance to Amend Section 7.31 of the Oceanfront Resort District rormbased Code pertaining to Alternative Compliance for Parking Requirements All interested parties are invited to attend. Ruth Hodges Fraser,MMC City Clerk Copies Of the proposed ordinances. resolutions and amendments are on fie and may be examined in the Department of Planning or online at him.//wen x beov.rommt..For information call 3854621. If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERNS OFFICE at 385- 4305. BEACON: FEBRUARY 19,'X017& FEBRUARY 26.2017-1.1ME EACH. . .•- / /. / / . / -...., .. . . 7 .. . . . (/ ( / , .-/'7>i .. . i . .%...........„,..,, . ... . -\ / \ \'\ / -,._-› 4C r . I---i Z• - 1 . Se 40\ \l K\-\t\ ../> .. „ is . > ,\.\ ..7- 4.•-• ''' -,.,/ _,....•... C . ....._.... • , . N -,. \-.> . . ,,. . . . . --,,,___ . . . . . , . . \ . •___,S ....: -......, .. . . . Ttil /4 . , . I J ibt . it"1 •/ "SO . \ ; V . ,, ....V . / . . . .,.. ..,.....,_ . . / . ,.. . . . , , / • lar . 411 ----,. • s$4 . \ 7 ,• / ., 0 .., -\\. / -,..- 9.Ae '..\\ ix 1 \* -,..,,, „.. . , ,. .... .. ,. to. ,. . , ,::-.) : . • • . . \ . , .._ ... ....., . , .. . .... , ce . . , . ... • ., . ., . , . . . . . . , . . :•-• . . . ...7 \. . . . . , . . , . . . . . . . • . ,, • . . • 0 . , .._... .. ,, . . , _.... . : . , . , . . .. . ..,. . . . • (4)-7 ‘,1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ELBOW ROAD INVESTMENTS [Applicant] LYMAN STUART CLARK [Property Owner] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) 4261 Elbow Road and the parcel located at the eastern corner of the intersection of Elbow Road and Indian River Road (GPINs 1474454492 & 1474453342 ). COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: March 7, 2017 • Background: The site consists of two parcels. Parcel 'A', located at the northern portion of the site, has a single-family house built in 1910. Parcel 'B', located at the intersection of Indian River Road and Elbow Road, is vacant. Prior to the City's acquisition of almost 25,000 square feet of Parcel B in 2009 for improvements to the intersection, the properties, if combined, could have yielded up to four lots under the minimum requirements of the R-15 Residential District. The 2009 acquisition resulted in a reduction of Parcel B's lot area and street frontage, as well as a loss of access to Indian River Road due to a permanent easement acquired for sound walls associated with the Indian River Road Phase VII CIP Project. With the current acreage, the area of the two lots can yield three single-family lots. • Considerations: The applicant proposes the subdivision of the combined area of the existing parcels into four lots for single-family dwellings. Two of the proposed lots will not meet the minimum lot width of 100 feet for the R-15 Residential District. Proposed Lot B-1 will have a lot width of 68 feet and Proposed Lot A-3 will have a lot width of 76 feet. The applicant, therefore, is requesting a Subdivision Variance to lot width for Lot A-3 and Lot B-1. Based on Staffs review of this request, it has been determined that this proposal is not recurring in nature and that it will result in lots comparable in size and dimension to those within the Hillcrest Farms neighborhood as well as properties in nearby Adams Glen. The Hillcrest Farms neighborhood is zoned R-15 Residential(Open Space Promotion). Under the Open Space Promotion provision, the minimum lot area for a site zoned R-15 was 9,000 square feet and the minimum lot width was 75 feet; so, while the zoning is R-15 Residential, the majority of the lots in the neighborhood are 9,000 square feet with lot widths between 75 feet and 100 feet. Adams Glen is zoned R-10 Residential, which requires 10,000 square feet of lot area and a minimum lot width of 80 feet. Elbow Road Investments Page 2 of 2 As recommended by the Comprehensive Plan, the applicant has submitted a preliminary drainage study to the Development Services Center (DSC) outlining their proposed stormwater strategy for the subject site. As a result of their review, the DSC has agreed that the proposed conceptual stormwater strategy has the potential to successfully comply with the stormwater requirements of this site. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. There were five speakers in opposition the Planning Commission public hearing. The speakers reside in the adjacent neighborhoods and expressed concern regarding traffic, safety and noise issues. While not opposed to these two properties being developed into four residential lots at some point in the future, the consensus of the speakers is that the existing infrastructure cannot support any additional traffic at this intersection. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 10-0-1, subject to the conditions below. 1. When subdivided, the lots shall be subdivided in substantial conformance to the submitted site layout entitled, "SUBDIVISION OF PARCEL 'A' & PARCEL 'B'," dated September 28, 2016, and prepared by MSA, PC. Said exhibit has been exhibited to City Council and is on file in the Planning Department. 2. When developed, the style, size, and exterior building materials of the dwellings shall be in substantial conformance to the submitted building elevation entitled "PROTOTYPE HOUSE ELEVATION FOR PROPOSED SUBDIVISION FOR ELBOW ROAD INVESTMENTS," dated January 26, 2017. 3. Access to Elbow Road for Proposed Lot B-1 and Proposed Lot A-3 shall be via a shared access easement, with the point of access being located on the northeastern side of Proposed Lot A-3. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. \_ 1�1 � +���\ I Submitting Der • u r ncy: Planning Departmer� 'J I 1 City Manager: I L✓— Applicant Elbow Road Investments Agenda Item Property Owner Lyman Stuart Clark Public Hearing February 8, 2017 c 1/0/ City Council Election District Princess Anne 8 Virginia Beach Request „woo,. to a Subdivision Variance (Section 4.4(b) of the ° 8 Subdivision Regulations) ��."•• �! v <1'� / G, Ve $`a. Staff Recommendation 'moo 0.o6 y, Approval °� 00. C ,e''' c1.°Ot`•'` •o Staff Planner `'�c *` ��F.r �a Stephen White ` 0 `,, t°a `b, �`� ,,, Location pda 4261 Elbow Road & parcel located at eastern e �,r corner of the intersection of Elbow Road & e& tea` 5s 3' 3 ° Indian River Road g / e�'`- s a % GPINs 1474454492 & 1474453342 Site Size 1.74 acres AICUZ Less than 65 dB DNL Existing Land Use and Zoning District - - Single-family dwelling/ R-15 Residential • t i ilts . . • 4• ,-,y. Surrounding Land Uses and Zoning Districts 3'.�l. . ./ a • Northk: ' .'" .. , . Elbow Road • ' r • Stormwater Management Facility&Single- ' Family Dwellings/ R-10 Residential South ,1• 40 4, / As i♦ Indian River Road .;. ./ .r,i40_,A, s, •• Open Space Promotion Single-family dwellings/ R-15 Residential ` A;': . \ -,- • • East ' -' • Single-family dwellings/ R-15 Residential (Open it� 1, \ /'� " Space Promotion) !fir \.I N°-.A. ' /. i •;;� West \ �' r/ Elbow Road, Indian River Road &Single-family dwellings/ R-10 Residential Elbow Road Investments Agenda Item 8 Page 1 Background and Summary of Proposal • The site currently consists of two parcels. Parcel 'A' (1.31 acres) and Parcel 'B' (0.43 acres). Parcel A is occupied by a single-family house and small barn, both built in 1910. A small shed structure, built in 1987, also occupies the site. There are no structures located on Parcel B. If the parcels were combined, three lots meeting the dimensional requirements of the R-15 Residential District could be created by subdivision. Existing Parcels IV R-10 N rAzN.,•\ i J .R-10 40: \R � 4% * \.. • The existing parcels were created by deed prior to 1953, when the Princess Anne County Subdivision Ordinance was adopted. Since the parcels were created by deed prior to 1953, they are considered legal lots, and can be developed consistent with the permitted uses and dimensional requirements of the R-15 District. In 2000, the parcels were conveyed to the current owner by deed. • The applicant proposes to create four lots. One of the lots, Lot B-1, will be created from what is now Parcel B. The other three lots, Lots A-1, A-2, and A-3, will be created from Parcel A as well as 946 square feet taken from Existing Parcel B as a result of shifting the existing side lot line so it is perpendicular to the rear lot line. Proposed Parcels R- 0 °° LOT A•1 J 2, "6__ LOT A.2 CPI a` J % 4Q- cd `�O e� LOT A3 ,ate R-10 �' Lor a-1 5� (/.(*,* •40,-; . c), . \ • , •,„). 0 , . 16 J�� I-c, /Nt44y Elbow Road Investments Agenda Item 8 Page 2 • Two of the four lots (Proposed Lots A-1 and A-2) meet all the requirements of the Zoning Ordinance for the R-15 Residential District. Proposed Lots A-3 and B-1 meet all of the requirements except lot width. The applicant, therefore, is requesting a variance to the required lot widths for Proposed Lots A-3 and B-1. Required Proposed Lot Proposed Lot Proposed Lot Proposed A-1 A-2 A-3 Lot B-1 Lot Width in Feet 100 100 100 76 68 Lot Area in Square Feet 15,000 19,604 20,603 16,309 17,785 • As previously noted, Proposed Lot B-1 is being created from Parcel B. Prior to 2009, Parcel B had 43,557 square feet of area.The current size of 18,731 square feet is the result of a 2009 acquisition of 24,826 square feet by the City of the parcel for improvements to the intersection of Elbow Road and Indian River Road. Parcels Prior to 2009 R-t0 rAs PARCEL A >4;bi • PARCELS Acquired b, car Clyla1ndun Rrvr { Rona lmWbNfM11i{ 410 R-1 S ArA • The acquisition resulted in a reduction of Parcel B's area to 18,731 square feet, which meets the minimum lot area requirement of the R-15 Residential District; however, the resulting lot width does not meet the requirement of 100 feet. A permanent easement along all but 39 feet of the parcel's street frontage was also acquired at the same time for'noise barrier support and maintenance' that is necessary for a future soundwall associated with the Indian River Road, Phase VII CIP Project.The easement has the same effect on the lot as a no-ingress/egress easement; therefore, currently, any access to Parcel B may only occur within the 39 feet of street frontage on Elbow Road. A second effect of the easement is its impact to lot width. Since no ingress or egress is permitted along the Indian River Road frontage and the frontage along the intersection, the width of the yard setback is affected. If there was no easement prohibiting access, the yard setback would be 30 feet, which is the requirement for side yards adjacent to a street. Since access is prohibited, the standard side yard setback requirement of 10 feet can be used. After applying the 10-foot side yard setbacks and the required 30- foot front yard setback, the resulting lot width for Parcel B is 67 feet. • Should the variance request be approved, the applicant intends to construct a two-story single-family house on each lot. A building elevation, attached to this report, has been submitted by the applicant showing the style and exterior materials for the homes. Elbow Road Investments Agenda Item 8 Page 3 R-t0 ,/ 1 �� Zoning History R-10 # Request 1 REZ(R-15 to R-15 [Open Space Promotion]) Approved R ts' 4 i 12/12/1988) 1,40 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality, and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity, and relationship to the surrounding uses. (Sec. 1.3, pp. 3— 10) Natural and Cultural Resources Impacts A two-story house and a barn structure, typical of early 20th century rural Virginia vernacular style, are located on the site. The house is surrounded by an extensive lawn, several mature trees, and a variety of smaller trees. The site is located within the Stumpy Lake Dam Inundation Zone.The "Dam Safety Act" (Chapter 6,Article 2 of the Virginia Code) provides regulations pertaining to dams and impoundment structures. The applicant understands that during the review of any plans submitted for construction, the applicant will be required to work with the Department of Public Utilities for the purpose of providing the information needed for DCR to make such a determination.At the request of staff, the applicant has added a note to the subdivision plat that reads as follows: "The property shown hereon is located in part or whole in the Stumpy Lake Dam Break Inundation Zone. Further development of this property may require that structures and other improvements be elevated above the critical elevation established in the "Emergency Action Plan Stumpy Lake Dam DCR Inventory Number 81003 Virginia Beach Virginia" and additional documents available in the Department of Public Utilities." The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving Elbow Road Investments Agenda Item 8 Page 4 waters. As a result, this area is subject to special drainage considerations and the Comprehensive Plan recommends that a preliminary drainage study be prepared. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Indian River Road (west of 15,721 ADT 1(2016) intersection) Elbow Road (east of Round 12,858 ADT 1(2016) 13,600 ADT 1(LOS° "C") Existing Land Use 2— 10 ADT Hill Drive) 16,200 ADT 1 (LOS°"E") Proposed Land Use 3-40 ADT Indian River Road (south of 7,257 ADT1(2016) intersection) (count taken south of Hillcrest Farms) 1 Average Daily Trips 2 as defined by one single- 3 as defined by four single-family 4 LOS=Level of Service family dwelling dwellings Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Elbow Road and Indian River Road at this location are designated as a two-lane undivided minor suburban arterials.The 'Primary Roadway Network Plan Map,' a component of the 2016 Comprehensive Plan, recommends that both of these roadways at this location be improved to a minor arterial up to four lanes. CIP Project Indian River Road -- Phase VII (CIP#2256000) calls for the construction of a four-lane divided arterial highway from Lynnhaven Parkway to Elbow Road Extended, a distance of 2.3 miles, and includes a multi-use path on both sides of the road. The Project is currently under design.The current estimate for the commencement of private utility adjustments is July 2019, with construction following in July 2020. CIP Project Elbow Road Extended—Phase II (CIP#2152000) calls for the construction of two lanes of the ultimate four- lane right-of-way footprint on Elbow Road from Meadow Crest Way/Margaret Drive to the Chesapeake City Line at Stumpy Lake, a distance of approximately 1.2 miles.The two lanes constructed during Phase IIB will serve as the future eastbound lanes in the ultimate four-lane divided roadway configuration. The project also includes the replacement and realignment of two lanes of the existing sub-standard Elbow Road Bridge. The current estimate for the commencement of private utility adjustments is January 2019, with construction following in July 2019. Public Utility Impacts Water There is a 12-inch water main located in the Elbow Road right-of-way. The existing parcel is currently connected to the City water system. All new lots must connect to the system. Sewer There is an eight-inch sewer main located in the Elbow Road right-of-way. The existing parcel is currently connected to the City sewer system. All new lots must connect to the system. Evaluation and Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: Elbow Road Investments Agenda Item 8 Page 5 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. Based on Staff's review of this request, it has been determined that this proposal is not recurring in nature and that it will result in lots comparable in size and dimension to those within the Hillcrest Farms neighborhood as well as properties in nearby Adams Glen. The Hillcrest Farms neighborhood is zoned R-15 Residential (Open Space Promotion). Under the Open Space Promotion provision,the minimum lot area for a site zoned R-15 was 9,000 square feet and the minimum lot width was 75 feet; so, while the zoning is R-15 Residential, the majority of the lots in the neighborhood are 9,000 square feet with lot widths between 75 feet and 100 feet. Adams Glen is zoned R-10 Residential, which requires 10,000 square feet of lot area and a minimum lot width of 80 feet. As recommended by the Comprehensive Plan, the applicant has submitted a preliminary drainage study to the Development Services Center(DSC) outlining their proposed stormwater strategy for the subject site. As a result of their review, the DSC has agreed that the proposed conceptual stormwater strategy has the potential to successfully comply with the stormwater requirements of this site. 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. Based on the considerations above, Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. When subdivided,the lots shall be subdivided in substantial conformance to the submitted site layout entitled, "SUBDIVISION OF PARCEL'A' & PARCEL'B'," dated September 28, 2016, and prepared by MSA, PC. Said exhibit has been exhibited to City Council and is on file in the Planning Department. 2. When developed, the style, size, and exterior building materials of the dwellings shall be in substantial conformance to the submitted building elevation entitled "PROTOTYPE HOUSE ELEVATION FOR PROPOSED SUBDIVISION FOR ELBOW ROAD INVESTMENTS," dated January 26, 2017. 3. Access to Elbow Road for Proposed Lot B-1 and Proposed Lot A-3 shall be via a shared access easement, with the point of access being located on the northeastern side of Proposed Lot A-3. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code,including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. 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Elbow Road Investments Agenda Item 8 Page 10 Disclosure Statement VB Virginia Beach APPLICANT'S NAME DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program 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 "OR CITY USE ONLY/All disclosures net-st be updated two(2)week'prior tom Page I of 7 la ming Comm soon and City Cow ul n etln0 t at pertains to be applicaoon(s). — APPLICANT NOTIFIED OF HEARING DAT[. 121092016 IN NO CHANGES AS OF DAIF. 01/2712017 j31.14l,� El REVISIONS SUBMITTED DATE Stephen White Elbow Road Investments Agenda Item 8 Page 11 Disclosure Statement NB Virginia Beach 0 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Elbow Road Investments, LLC If an LLC, list all member's names: Wiliam J.Davenport Ill.Taylor B.Grissom.M.Benjamin Davenport If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Ali 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. �kTo 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:N)A If an LLC, list the member's names: Page 2 of 7 Elbow Road Investments Agenda Item 8 Page 12 Disclosure Statement Virginia Beach If a Corporation, list the names ofail officers, directors, members,trustees, etc. below. (Attach list if necessary) N/A (B) List the businesses that have a parent-subsidiary I or affiliated business entity relationship with the Property Owner: (Attach list if necessary) NIA "Parent-subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code 5 7.7-3101. 2 "Affiliated business entity relationship" means "a relationship, other than pest the other sness n,thati i)exists when 0)one one entity has a controlling ownership Interest intheor businessii) entity, re a controlling owner in one entity isalso a inesscontrolling r n the other entity,be ) there in shared managementthe or ol between the inssz entitles. Factors that should that he me considereddsubstantially ubs aitia the existenceameofran affiliated businessmagentitywrelationship include that the come person or ds or assetthe same person own or manage the two entitles;there are common or commingled funds or assets; the businessr entitieson share the use of the samer offices h rwise employees sor e otherwise share actWitles, 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§ 72-3101. f t SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operatina 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 Elbow Road Investments Agenda Item 8 Page 13 Disclosure Statement APPLICANT Vi YES NO SERVICE PROVIDER(use additional sheets if needed/ 0 Accounting and/or preparer of Corbin&Company your tax return n Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser Of other than the Applicant)-identify purchaser and purchasers service providers Any other pending or proposed urchaser of the subject property • NiV N (identify purchaser(s)and purchaser's service providers) Construction Contractors nEngineers/Surveyors/Agents MSA,P.C. Financing(include current ❑ mortgage holders and lenders �s� selected or being considered to provide financing for acquisition or construction of the property) • nLegal Services Brent Thompson Real Estate Brokers/ ❑ 0 Agents/Realtors for current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ® ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? M.aenjamm Davenport Page 4 of 7 Elbow Road Investments Agenda Item 8 Page 14 Disclosure Statement Pitginia 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 f blit hearing, I am responsible for updating the information provyled 1i ei two weeks prior to the Planning Commission, Council, VBDA tin , meting of any public body or committee in connection with this pi* i . ca Of. li Writ- A A bI ATURE PRINT NAME ATE Page 5 of Elbow Road Investments Agenda Item 8 Page 15 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) ® ❑ Accounting and/or preparer of Langley Financial Services,LLC your tax return • ti Architect/Landscape Architect/ Land Planner ❑ _ Contract Purchaser of other than o•2 the Aoolicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchasers service providers) El ® Construction Contractors ® Engineers/Surveyors/Agents MSA,RC_ Financing(include current D „ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) �0 ❑ Legal Services John Napier Real Estate Brokers/ • ti 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 ❑ ® 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 Elbow Road Investments Agenda Item 8 Page 16 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. � I�1 Fit, r [Ai1I ,gr a— cofi,2ol PROPERTY OWNER'S 9c4ATURE V PRRT NAME DATE Page 7 of 7 Elbow Road Investments Agenda Item 8 Page 17 Item#8 Elbow Road Investments, L.L.C. Subdivision Variance 4261 Elbow Road & parcel located at the eastern corner of the intersection of Elbow Road& Indian River Road District 7 Princess Anne February 8, 2017 REGULAR Karen Kwasny: Okay,the next item to be heard is agenda item 8, Elbow Road Investments, L.L.C.,which is an application for a subdivision variance on property located at 4261 Elbow Road on the eastern corner of the intersection of Elbow Road and Indian River Road, District 7, Princess Anne. Robert Miller: I'm Bob Miller, a local engineer,and I represent the owners. Let me just give you a couple of points. I know this was proposed to be on the consent agenda, so I will listen to what the other folks have to say,and hopefully, I will be able to answer that. The current family that owns the property has owned it since prior to 1953, as you were told this morning. The property,originally before the take on Indian River Road,was over 2%acres. When the take occurred on Indian River Road for the expansion of Indian River Road Phase VII,which is the current project for me,with the road,28,000 square feet was taken. Additionally,there is a no-ingress/egress easement on Indian River Road, and there is a proposed sound wall. I'm an engineer. I don't know where we keep getting all of these sound walls. I guess,Jack,maybe you can tell me where they come from.There is a sound wall. Literally,our frontage on Indian River Road is about 200 feet if you count the diagonals in the current situation. Lots, as we are proposing,are over in the range of 18,000 square feet each. Two of them,the two on the southernmost,are slightly less than about 16,000 square feet. They are all over 15,000 square feet. The adjacent properties, as you know, Hillcrest Farms and across the street,are 9,000 square feet in Hillcrest and 10,000 across the street. So,we did not propose to rezone the property. It is still R-15. The issue comes down to literally what is left of the property. These two parcels were both owned by the Clark Family. It wasn't like they just happened to be two pieces. It wasn't like it was two separate owners. So,with that, I'll be happy to sit down and listen to any concerns that the folks have,and I'll be glad to answer them for you all. Bob Thornton:Are there any questions right now for Mr. Miller? Robert Miller:Thanks. Karen Kwasny: Our first speaker in opposition is Susan Clements. Susan Clements: Hi, I'm Susan Clements. I live in Hillcrest Farms,and I am generally opposed to this construction at this time until they put the barrier walls in and make it a safe intersection. Bob Thornton: Thank you. Are there any questions? Karen Kwasny: Our second speaker is Cindy DeAngelo. Item#8 Elbow Road Investments,L.L.C. Page 2 Cindy DeAngelo: Good afternoon. I'm Cindy DeAngelo. I'm also a resident of Hillcrest Farms. I am in opposition of this until which time Elbow Road expansion can be completed. Simply because of the traffic and so many issues right there at that corner of Elbow Road and Indian River Road. I will defer any further comments to a couple of other folks that will answer some of the questions,and other issue we may have. Bob Thornton: Thank you. Karen Kwasny: The next speaker in opposition is Julie Pippins. Julie Pippins: Good afternoon. My name is Julie Pippins. Not to be redundant, I will defer to her and let her cover her points. I just want to add what she is going to say, I've been a homeowner on Elbow Road since 2001. When I purchased my home, I had to sign paperwork indicating that I was aware of the relocation of Elbow Road to take place in 2007,which means greatly 15 years and probably a lot longer than that,the City has been aware of the fact that road structure,the road that is in place right now, is not designed to hold the amount of traffic and the congestion that is going to be taking place with future developments. However,despite that,the City has since then, despite not having the funding to relocate the road, has continued to improve over and over and over again. All of the economic development of that area of the City,from new housing developments to new stores to connecting to Dan Neck Road is really not paying attention to the fact that the road is not designed for that much traffic. I live there,and the person speaking after me will address the statistics, but I'll address is the number of unrecorded statistics,the number of accidents on the road more times than I can tell you. Cars in ditches, cars hitting trees over and over, including the death of someone on that road. To you, it might seem like it is four more houses. To me,those four more houses. Where is the line? When is the City going to say that it seems to me they would be accountable for many of these accidents by having to continually approve more traffic on that road,and a road that was never designed to hold it by your own admission, more than 15 years ago. Additional issues would be a school bus stop. There are no sidewalks. So, if you build a house,and three houses down there is another elementary school bus stop because there is not a sidewalk for children to walk. The picture that is shown in the Planning package for that area must have been taken at 6:00 am on a Sunday morning because at 5:00 pm every day of the week,traffic backs up a good half mile down that road, bumper to bumper. It is in front of my home. I see it every day. No one can get in or out of their homes because there is so much traffic,and yet,the City just continues to approve. So, I employ the City to please stop for a moment and say, at some point in time,when there is one home,two homes,a housing development, put a line in the sand and say, "we don't have the infrastructure in place." We couldn't afford to fix the road that we agreed needed to be fixed so we should approve no more improvements. No more housing developments. No more people. No more traffic on that road. It is not safe for anybody and now more school bus stops, more people there. It is inappropriate. And so I oppose any addition to that road, including four more homes on a road at an intersection that is that busy. Bob Thornton: Thank you. Julie Pippins:Thank you. Bob Thornton: Any questions of Ms. Pippins? Thank you. Karen Kwasny:The next speaker is Michelle,and I know I am going to butcher this, Ratzcall. Item#8 Elbow Road Investments,L.L.C. Page 3 Michelle Ratzcall: Not even close. Ratzcall is how you say it. Thank you. Hi. My name is Michelle (Ratzak),and I am a homeowner in Hillcrest Landing. I've been there since 2010. Hillcrest Landing is right off of Elbow Road,where Elbow and Round Hill meet.So, I am in between the light where the proposed houses are going up and the wonderful bridge that we have at the little"5"curve. I am the President of our Homeowners'Association. I've also been realtor here since 1999,so opposing home growth is not something that I usually do, and I take it very seriously. As Julie said,as we all know, I believe that Elbow Road was first in the Capital Improvement Plan in 2003-2004 but there hasn't been funding. I do understand that the funding for Phase II has been received and that the project is going to start in 2019,which is great, but it is still two years away. Meanwhile,the traffic on that road is getting worse and worse all the time due to a lot of growth in Chesapeake off of Elbow Road. As most people are aware,there is a lot of growth off Elbow Road.There are many new neighborhoods that have either gone up or still going up. The latest one, Fieldstone, is going to be, I believe, 162. The one at the corner of Centerville is Lake Thrasher,a little bit further down on Elbow,even though it is Chesapeake, all of the feeds back and forth into Elbow Road in Virginia Beach.The little stretch between Salem Road, where Elbow Road starts and the Chesapeake City line of Elbow Road is 1.5 miles. Since January 2014,that is all the further I could go back on the police reports,there are 147 reported accidents in a mile and a half stretch,and I would say that probably most of those have occurred within a mile. At my intersection, which is at 5:00 o'clock,as Julie said,those pictures are nothing like what it is like. It backs up from that light going towards the bridge,almost to the bridge,trying to get in and out of our neighborhood on Round Hill is almost impossible. Those statistics that I pulled out. There have been 20 accidents alone at my intersection,and we all say reported, because it is reported. We have all,anyone that lives around there has seen many, many people in the ditches that there has never been a police report done. We just feel that at this time, I don't think any of us here and for our group there is a lot of people on the social network Nextdoor.com that commented, have been talking about this. We don't oppose the four houses, but we oppose it now after Elbow Road is moved, realigned,straightened, and, the ditches,and if you ever driven down Elbow Road,there is no shoulder. And the ditches, unfortunately,that bridge has been fixed numerous times,and one time when they did it, it actually made it worse because the ditches are much deeper. The addition of four houses there, if they have children, is going cause a bus stop;so, now you have the traffic light. You're going to have four houses and that intersection when it backs up now,and you're going to have a bus having to potentially stop there with children. At my intersection,our bus stop for our neighborhood is at the corner, right at the corner. I can't even tell you how many times,that right now if you drive there right now,you will see skid marks coming right into where the kids stand. Near where Julie's house is by Kumbaya Court in between Kumbaya Court,and the traffic light,there is a little curve,and there is a ditch and that causes a lot of problems. That tree has been hit many times because of that. The kids that stand at that bus stop it is extremely risky with the traffic that is on there, so even though it is only four homes, it is that you have to stop and putting them where they are going at that intersection is just not going to be in the best interest of everyone one around there. So, I would say either delay letting the growth happen there,or move the Elbow Road project up a lot sooner, which needs to be done. Thank you. Bob Thornton: Any questions of Ms. Ratzcall? Thank you. Karen Kwasny: Our next speaker in opposition is Josie Grandfield. Josie Grandfield: I am Josie Grandfield. I guess I want to say that I concur with everything that was just said. I live in Hillcrest Farms and the Elbow Road project is not supposed to be going until 2019,I think. Item#8 Elbow Road Investments, L.L.C. Page 4 I don't oppose a subdivision, but I think it has to wait until then. Bob Thornton: Thank you. Josie Grandfield: Thank you. Karen Kwasny: That is all the speakers in opposition. Bob Thornton: Mr. Miller,this is the time for some rebuttal. Robert Miller: Obviously, I can't get Elbow Road built. The fact is that this property can have three lots on it right now. The reason why we asked for four is obviously the value of the property,and the size of the lots will be more than those of the adjacent properties. We will only have three driveways as required in the conditions that you all have set for us,so we're only going to have the same three driveways we will have there by-right. I think it is a reasonable request. I do understand many concerns that they have about Elbow Road, but I can't require Elbow Road to be relocated as they said. It has perhaps been on the schedule since 2007. I think what we are asking for is a reasonable request given the background and take on Indian River Road,and by the way, Indian River Road Phase VII is getting ready to be built, and has a little better timing than Elbow Road.Again, I can't fix Elbow Road, but I will be happy to try and answer any concerns that you have. Bob Thornton: I have one. Can you show me? Is the concrete wall still planning on going there? Robert Miller: It is a sound wall. Bob Thornton: Is that up against the side of the Lot B? Bob Miller: Yes sir. It actually goes from that edge down diagonal always the way down. I imagine it continues along in front of Hillcrest. I haven't looked through the plans to the extent to know that but I'm sure it is not just buffering out our property. I am sure they are buffering the other residential properties that are there. Bob Thornton: It is the same kind of wall you see on Nimmo and you use on the interstate? Robert Miller: Yes sir. I would assume so,yes sir. Bob Thornton: Okay. Robert Miller:The proposed Elbow Road,(Kay watch out I might shoot you—using a laser pointer), is back over in Hillcrest in the realignment. You can't see it on the photograph. If you all want to correct me but it may be right there. So it actually realigns Elbow Road completely, and at that time,this portion of Elbow Road gets cul-de-sac'd into a"T"cul-de-sac and does no longer connect to Indian River Road. The intersection being moved down to this location,which I'm sure as the neighbor says,that would be too some extent to their advantage and certainly to the advantage of the community as a whole. Item#8 Elbow Road Investments,L.L.C. Page 5 Bob Thornton:Would it go off towards Chesapeake also? Robert Miller:Yes sir. It would continue across and realign that bend that is in there right now at Stumpy Lake. Bob Thornton: Ron? Ronald Ripley: It is a by-right use,and if you had the fourth one, how would you handle that driveway? Can you show us on the pointer on how you would share the driveway? Robert Miller:What the staff asked us to do was these two lots would have a shared driveway because this is only about 39 feet. I would ask that the driveway be somewhere in there so I could have the minimum amount of easement from this owner to this owner but we're going to be cooperative with whatever staff is going to tell us what to do that we're going to put that entrance. This driveway could be anywhere along this frontage. It would be on that lot A-3 to get as far away and potentially as far away from the intersection as possible. Ronald Ripley:Okay. Thanks. Bob Thornton: Dave? David Weiner: Mr. Miller, I am going to be a little redundant here to what Mr. Ripley just said. I just want to make sure the ladies understand if one residence wasn't there right now,we wouldn't be here right now. Robert Miller: I'm sorry.Actually it is not even that. If I had the frontage that I had when we owned that piece of property right there, I wouldn't be here. That is over 104,000 square feet of property,and I literally have enough frontage, not quite enough to do five, but I can easily do four lots. And,this distance here would allow me to put two lots here and have the other two lots all in conformance. The problem is I don't think it would be a good idea to after one. David Winer: I guess what I'm getting at is I know it is a bad intersection and I've driven through there quite often, but what we have to really think about here is what he is proposing and what's being proposed is only one residence. It is four residences but it is only one. He could put three by-right and just add a residence, not an extra driveway. Robert Miller: That is correct. David Weiner: So I just want to keep that in mind that is what we are here looking at. Bob Thornton: Karen? Karen Kwasny: Can you show me Bob where those drives will be located in relation to where the drives are now existing drives? Robert Miller: There is an existing driveway up here by this house,and then, he has a work shed and so forth, and I believe there is another entrance down further. If I'm saying that incorrectly,there is Item 88 Elbow Road Investments, L.L.C. Page 6 actually an entrance right here,which goes in near the corner. Karen Kwasny: But at the moment,there is only one? Robert Miller: There are two. Karen Kwasny: There are two being used. Robert Miller: And the house is not currently occupied. I don't want to misrepresent anything,and it hasn't been occupied for a little bit of time. But Mr.Clark is a good friend of mine, and he actually operates his landscape business. He is getting ready to retire,so he is not going to continue to operate it. Karen Kwasny: So, if he did three by-right, he wouldn't be in front of us? This wouldn't be in front of us at all. Robert Miller: That is correct. Bob Thornton: So,when Elbow Road is relocated to the south, Elbow Road will be a cul-de-sac? Robert Miller:The old Elbow Road would become a "T"cul-de-sac. Bob Thornton: The road in front of these three lots or four will be a cul-de-sac? Robert Miller:That is correct. Bob Thornton: So,at some point in the near future that traffic is not going to be an inconvenience. Robert Miller: And I can defend what they are saying in the current situation. They have to live through the new construction of new Elbow Road before that happens. I don't want to sit here and tell you that and promise when Elbow Road is going to be built. Where's Barry? I don't mean to be smart but I think what they are speaking of are the conditions that are out there now,and I certainly respect that. Bob Thornton: Is there anybody else?Thank you. Robert Miller:Thanks. Bob Thornton: With that, I would like to close the public hearing and open the floor up for discussion or a motion. Karen. Karen Kwasny: I'm concerned about the very things that they have mentioned, but the by-right aspect of this gets in the way each time because they could be doing, by-right,and not be in front of us. And, I am very apprehensive about even making an effort to hold off what I see as a limited amount of development for a road that is off in the future. And we can't ask an applicant to wait until that happens to come back, and I'm not sure we can make a decision based on let's wait until the road and then allow. In the meantime, he could come back and put the three in right away anyway,so that is really got me kind of hung up. I understand your concerns absolutely,and I think they are relevant to a Item#8 Elbow Road Investments, L.L.C. Page 7 number of decisions made throughout the City when it comes to traffic congestion, roadway projects that are put off into the distant future. So, I share your frustration there and your desire to see development wait until those things are managed for the communities that are in existence. That absolutely makes sense to me, but because that landowner could come back and do something that is and he is only asking for one more in addition, I can't say anything more. Bob Thornton: Don? Donald Horsley: I understand what the ladies are talking about with traffic. And I also understand that these are going to four large lots. I'll play the devil's advocate too and make it a cul-de-sac and he might get hated in there because these lots are whole lot bigger than the lots that are on the backside. Who knew how that could have worked out? I don't think these four lots are going to add that much of a problem to the situation that we have out there. So, I don't have a problem supporting it. If we turn it down and Council turns it down, he can just go ahead and build three. Then your one house away, but I think with the size of these lots, and I look at these and I compare them to the ones behind it,and they are twice the size of those, it looks like it to me.So, I'm going to support the application. Bob Thornton: David Redmond? Dave Redmond: I move approval of agenda item 8. Ronald Ripley: Second Bob Thornton: A motion from Mr. Redmond and second by Mr. Ripley. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 10-0,the Commission approved the application of Elbow Road Investments, L.L.C. F7 �i .7_,-,,,,, 1Qr j 11I r lb/ / L I / f _3 Vim`. :„. -7-' ,,,t rr V re _..s< . ....-s, . NNN, . N\ , „,,/, , , ,., in N, *,4 0 ; 3 . ,,:”- ,..;. 4.14111S111: 4' / 4116,6 \N. l Y r I \\-,/ Ci .gX.'....:Ne. "4/ '''' , ' -.'-'-'. r / Nvee 4iii ..: N.-. ,,i,\411*40k7 . ,.,..4\-\\411y \ <3. 4i‘opp. .,,e ''440it 0' ..- / . /, JA ,...7,-/-74- OP. - \\N -- 4 • t p' ' 111 \ t., 1 . L ../ .' / / , , ,,,..,.:-/ .,. C:::.' , "../ 1--\ \ \ \ 1/ / '''''' /0 : — I r---_, k/lki \\lc ti\\\\ \ II\ �� \s„,,,, f '1, \\11::\ \ \ \ 4i ' PhiR�` NV Crl` rLf)? f \ \ \ \\ \ 1111 I \-..,).:3 / . �� y 1 \,3 \ \\ \ ...*, rn\ \\ \ %.---!s /- I r \ ..3 I\ - 1 A--.),\\9\\\ \ \ \.,_ ___---- r...:.:iiiiiiiia---1 '..____ .. % . _it. , - \ \ V-- , , \ \ ..- 2 'I 1/4 I — --' 11 _ — rL- l NM JAhk Lir--.— ^ 1- -- _—.—^-- r - rte= VO r .' ''-' CV. 0. LO --, i Ce r vu Yy.FS� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RIVER CITY RECOVERY, LLC [Applicant] MASAG II, LLC [Property Owner] Modification of Conditions (Bulk Storage Yard) 1528 Centerville Turnpike (GPIN 1455755284). COUNCIL DISTRICT— KEMPSVILLE MEETING DATE: March 7, 2017 • Background: In January 2010, a Conditional Use Permit was approved on this site for a contractor's Bulk Storage Yard for storage of manufactured concrete fence panels, caps and posts. This business has relocated to another property. Upon this applicant's recent pursuit of a business license, Zoning Staff inspected the site. During the site visit, Staff discovered that a new tenant (the applicant) has been using the property for the storage of motor vehicles that have been repossessed and that many of the conditions of the Conditional Use Permit were not fully implemented. This is a request to modify the original Conditional Use Permit to allow motor vehicles to be stored on the property while awaiting being sent to automobile auctions, and to revise the conditions to reflect the storage of vehicles on the site. • Considerations: The site has been zoned industrial for many years and as such, it is Staffs position that the proposed use is acceptable until market forces begin the transition of uses envisioned in the Centerville Strategic Growth Area Plan. While the business office for the operation is open during typical days and hours of operation, repossessed vehicles are proposed to be dropped off 24 hours a day, seven days a week. The applicant has noted that it is their policy that vehicles are not opened during the night, due to the potential for alarms going off near the residences. Staff met with the applicant on the site several times to review the existing conditions of approval and to observe the applicant's operation. A revised set of recommended conditions have been formulated that are designed to protect the residential properties to the north and to better screen the bulk storage area from the street. 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. River City Recovery, LLC Page 2 of 3 • 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 10-0, to recommend approval of this request subject to the conditions below. 1. All conditions attached to the Conditional Use Permit granted by the City Council on 1/12/2010 shall be deleted and replaced with the conditions below. 2. As is required by the Zoning Ordinance, the bulk storage yard shall be screened from the right-of-way with Category VI screening, as specified in the City of Virginia Beach Landscaping Guide. As required be these standards, the existing chain link fence along the right-of-way shall be replaced with a solid six-foot tall privacy fence. No additional barbed or razor wire shall be permitted on the site. 3. To mitigate for the deviation to the requirement of Category VI screening along the rear property line, plant material shall be installed along this property line in order to create a continuous screen to buffer the residential properties from this use. Said plant material shall be depicted on a Landscape Plan that shall be submitted to the Development Services Center's Landscape Architect (LA) within 60 days of approval by the City Council for review and approval as deemed appropriate by the LA. 4. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 5. The hours of operation shall be limited to 8:00 a.m. to 10:00 p.m., Monday through Saturday. 6. No storage of inoperable motor vehicles shall be permitted and storage on the site shall be limited to the motor vehicles as a result of repossession. No trailers, storage containers, CONEX boxes, or mobile storage units shall be permitted on the site. 7. Any freestanding sign shall be monument style, not of electronic display (LED) type, and limited to eight(8)feet in height. A separate sign permit is required. The design shall be reviewed by the Planning Director for ultimate design and building material approval. 8. The parking lot shall be restriped within 90 days of City Council approval. 9. The existing solid fence along the right-of-way shall be painted a single earth-tone color. River City Recovery, 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 D- • •rt.• _ • Agency: Planning Departme - • A City Manag : t\�i Applicant River City Recovery, LLC Agenda Item Property Owner MASAG II, LLC Public Hearing January 11, 2017 cityof City Council Election District Kempsville 6 Virginia Beach Request Modification of Conditions (Bulk Storage , Yard) e'6,,e ; �''�,,, 9 ,,,,,,I. ,I. `i F 21; 4. " Staff Recommendation a4,s. 111 �'%.J Pyr 4 Approval 1""w 3; O 7c x O Staff Planner a e / Jonathan Sanders 4, a� �P Location 1528 Centerville Turnpike GPIN .. f 1455755284 ,� ark 1,1 Site Size 3,586 square feet AICUZ Less than 65 dB DNL — - _. , ! r� tom, � ''r. , Existing Land Use and Zoning District ,. {3_ - i ^ +' , s •�' Auto bulk storage lot/ 1-1 Industrial • Surrounding Land Uses and Zoning Districts ,> " �►• \C / `# 1 ' . *0'M1. North •_ • Residential duplex/ R-5D Residential , *,• �' South �* j �a, I-4 Mini-warehouse/ 1-1 Industrial N,..j � ' -- -------- �• ,f 4-; + East „i,'--•.,.--‘ i'-, ` :1' 1 Semi-detached residential dwellings/ R-5D 4r �� > ��� Residential 'gip 4*.A.,• ` `,,»" - rft r4 West ' .. , Centerville Turnpike PP _ ...'►mo `.Z'''f.' Single-family dwellings, church/ R-SD Residential, Conditional R-5D Residential River City Recovery, LLC Agenda Item 6 Page 1 Background and Summary of Proposal • In January 2010, a Conditional Use Permit was approved on this site for a contractor's bulk storage yard for storage of manufactured concrete fence panels, caps and posts. Many of the conditions of approval of this Conditional Use Permit were not fully implemented by either the owner or that applicant. Recently, the current applicant requested a business license on this property, which triggered Zoning Staff to inspect the site. During the site visit, Staff discovered that a new tenant (the applicant) has been using the site as a bulk storage yard for motor vehicles that have been repossessed. • This is a request to modify the original Conditional Use Permit to allow motor vehicles to be stored on the property while awaiting being sent to automobile auctions. According to the applicant, there may be up to 50 vehicles on the site at any one time. • While the business office for the operation is open 9:00 a.m. to 5:00 p.m., Monday through Saturday, repossessed vehicles can be dropped off 24 hours a day, seven days a week. The applicant has noted that it is their policy that vehicles are not opened during the night, due to the potential for alarms going off near the residences. /— • a Liftifi 41P*1 44i1P.; reek , 4$4,7 Zoning History j' # Request o@ m 1 CUP(Bulk Storage Yard)Approved 01/12/2010 R2 R 5 �d°�y Q°Q 2 MOD Approved 07/12/2005 4e, R-50 . MOD Approved 08/25/1998 0f\ CUP(Church)Approved 11/14/1995 3 MOD Approved 09/26/1995 A I-1 R-5D f 3 -<i\ Application Types CUP—Conditional Use Permit MOO—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations This site is located in the Centerville Strategic Growth Area (SGA). The vision for the Centerville SGA is to become an education-oriented master planned community, which capitalizes on the regional access and visibility provide by Interstate 64, and the existing institutional anchors on CBN and Regent University. The Plan envisions a mixed-use central village with connected trails to campus life, diverse neighborhoods, office, retail, and open space. (pp. 1-20, 1- 21) Natural and Cultural Resources Impacts This site is within the Chesapeake Bay watershed. There do not appear to be any significant natural or cultural resources associated with the site. River City Recovery, LLC Agenda Item 6 Page 2 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Centerville Turnpike 19,297 ADT 1 13,600 ADT 1(LOS 4"C") Existing Land Use 2- 12 ADT 16,200 ADT 1(LOS 4"E") Proposed Land Use 3- 16 ADT 1 'Average Daily Trips 2as defined by warehousing 3as defined by warehousing—4 °LOS=Level of Service —3,586 square feet employees Master Transportation Plan (MTP) and Capital Improvement Program (CIP) The MTP proposes a divided facility with bikeway and scenic buffer within a 150-foot right of way. A roadway CIP project is proposed for this segment of roadway. Centerville Turnpike—Phase II (CIP 2-409) is proposed for the construction of a four-lane divided highway within a 130-foot right-of-way from Indian River Road to Kempsville Road. The project will also include full improvements along Centerville Turnpike including sidewalk, dedicated bike lanes, landscaping and relocation of existing aerial utilities to a new overhead location. Public Utility Impacts Water Water service is available for this site. Sewer City sanitary sewer service is not available. A Health Department approved private septic system can provide service. Evaluation and Recommendation The request for a Modification of Conditions to the existing Conditional Use Permit for a contractor's bulk storage yard to allow for the bulk storage of repossessed vehicles is, in Staff's opinion, compatible as an interim use within the Centerville Strategic Growth Area of the Comprehensive Plan. The site has been zoned industrial for many years and as such, the proposed use is acceptable until market forces begin the transition of this area to the long-term vision established in the Centerville SGA Plan. Staff met with the applicant on the site several times to review the existing conditions of approval and to observe the applicant's operation. A revised set of recommended conditions have been formulated that are designed to protect the residential properties to the north and to better screen the bulk storage area from the street. These conditions address the use of barbed wire, fencing and screening, lighting, hours of operation, etc. Based on the considerations above, Staff finds this request to be an acceptable use and recommends approval of the request subject to the conditions below. Recommended Conditions 1. All conditions attached to the Conditional Use Permit granted by the City Council on 1/12/2010 shall be deleted and replaced with the conditions below. River City Recovery, LLC Agenda Item 6 Page 3 2. As is required by the Zoning Ordinance, the bulk storage yard shall be screened from the right-of-way with Category VI screening, as specified in the City of Virginia Beach Landscaping Guide. As required be these standards, the existing chain link fence along the right-of-way shall be replaced with a solid six-foot tall privacy fence. No additional barbed or razor wire shall be permitted on the site. 3. To mitigate for the deviation to the requirement of Category VI screening along the rear property line, plant material shall be installed along this property line in order to create a continuous screen to buffer the residential properties from this use. Said plant material shall be depicted on a Landscape Plan that shall be submitted to the Development Services Center's Landscape Architect (LA) within 60 days of approval by the City Council for review and approval as deemed appropriate by the LA. 4. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 5. The hours of operation shall be limited to 8:00 a.m.to 10:00 p.m., Monday through Saturday. 6. No storage of inoperable motor vehicles shall be permitted and storage on the site shall be limited to the motor vehicles as a result of repossession. No trailers, storage containers, CONEX boxes, or mobile storage units shall be permitted on the site. 7. Any freestanding sign shall be monument style, not of electronic display (LED) type, and limited to eight (8)feet in height. A separate sign permit is required. The design shall be reviewed by the Planning Director for ultimate design and building material approval. 8. The parking lot shall be restriped within 90 days of City Council approval. 9. The existing solid fence along the right-of-way shall be painted a single earth-tone color. 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. River City Recovery, LLC Agenda Item 6 Page 4 Site Layout ,,\ T 11—-- �, \ v\s\ , l t A,/ \\ , ' ,i-; .� / ys 2 N , N, we r ,_ t . ‘ ), f N) J r \____" Maintain a six-foot Install landscaping along rear solid fence property line (submit landscape plan for approval by Planning Staff) River City Recovery, LLC Agenda Item 6 Page 5 Site Photos NEte.t Ponl.:IfL<[ililrtVlll[ ' .557552540000 .T uszrssxa000ghilk ', t • O -•q .{. 1 Ti: ' ; ' : ti . .It . \ - e_ r- 1.; ...„,..::::,',.. 2 ? __ . ��; „,. ? .. _ ..),...... ..,.,...'.-,'., .4.... 11E s ',... •••••••••• : 1 �'' • ` '�r �iG irete fes. ., VI ' i 1 `�-;,. • ""I,' : River City Recovery, LLC Agenda Item 6 Page 6 Site Photos rrs jiii �iq N".", i, ; ; °INS. *'i44 3. v Iv ^.I. a ... � „It y�y:.. I •• .I�"r'1 t • a .. y;* X 3„rys t • r. n •• -10e.1-y ,A•'s - 68 �y� \ - Fir r Lalt j •• • e� r rf ii 1 "(': 1 • ! I. ' rM W t j' • x' 't•Y fr I 4 F. r• , 11,, 4 .,:.....,. _ ,, , 'I. - " .1 I'' , .. , dir* , . i„. t it )i t • ,r i i9 • 'c i ' . iv r: . ii)ri," it 1 ai#11/ -:-.. s. k_. ,_ tel' • iq'• 1, .✓ l• .l,. d River City Recovery, LLC Agenda Item 6 Page 7 Disclosure Statement Virginia Beach APPLICANT'S NAME River City Recovery, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE Page 1of7 0 AI PI IC AN' NrI, IU al HEARING W. NO CHANCES AS 2/a07 jS Jonathan Sanders 0 REVISIONS tIDM River City Recovery, LLC Agenda Item 6 Page 8 Disclosure Statement Virginia rYL Yrginie 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: River City Recovery, LLC If an LLC, list all member's names: Cindy D. Lee, James S. Lee 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 footnotesI and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if vrovenv owner is different from Aaollcant. ❑ Check here if the PROPFRTY OWNER 15 NOT a corporation, partnership, firm, business, or other unincorporated organization. M 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:MASAG II, LLC If an LLC, list the member's names:Walter Gilchrist, Michelle Savage Gilchrist Page 2 of 7 River City Recovery, LLC Agenda Item 6 Page 9 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the wting power of another corporation." Seestate and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationshlp, other than parent-subsidiaryt relationship,business 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 liii) 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 Conflkt of Interests Act, Va.Code g 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the 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 River City Recovery, LLC Agenda Item 6 Page 10 Disclosure Statement APPLICANT VirginiaBeach YES NO SERVICE PROVIDER(use additional sheetsn needed) rlI01 Accounting and/or pre parer of I 1 W your tax return Z Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than the Aoolirant)-identify purchaser and purchaser's service providers Any other pending or proposed El " purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors • ® Engineers/Surveyors/Agents Financing (include current ❑ mortgage holders and lenders �a selected or being considered to provide financing for acquisition or construction of the property) ▪ ® Legal Services Real Estate Brokers/ I'T fl Agents/Realtors for current and I I 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 4 of 7 River City Recovery, LLC Agenda Item 6 Page 11 Disclosure Statement • • Virginia r- . CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANT' ILNATURE PRINT NAME DATE (kW 3/20A Page 5 of 7 River City Recovery, LLC Agenda Item 6 Page 12 Disclosure Statement OWNER Virginia YES NO SERVICE PROVIDER(use additional sheets if needed) mE Accounting and/or preparer of NLP Acct Services V� your tax return ▪ �-' Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ ® 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) • ® Construction Contractors Engineers/Surveyors/Agents Financing(include current Xenith Banking nmortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) El ® Legal Services Real Estate Brokers / Keifer Realty 11 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 6 of 7 River City Recovery, LLC Agenda Item 6 Page 13 Disclosure Statement Ia'ti a �..�y„`•".' 2 er ' 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.. re16/ WALTER F GILCMKiST.4 16/2346I44AaRtOPERry OWNER'S SIGNATURE PRINT NAME DATE Page 7 of l River City Recovery, LLC Agenda Item 6 Page 14 Item 116 River City Recovery, L.L.C. Modification of Conditions 1528 Centerville Turnpike District 2 Kernpsville January 11, 2017 CONSENT An application of River City Recovery, L.L.C. for a Modification of Conditions (Bulk Storage Yard)on property located at 1528 Centerville Turnpike, District 2, Kempsville. GPIN: 1455-75-5284-0000. CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on 1/12/2010 shall be deleted and replaced with the conditions below. 2. As is required by the Zoning Ordinance,the bulk storage yard shall be screened from the right-of- way with Category VI screening,as specified in the City of Virginia Beach Landscaping Guide. As required be these standards, the existing chain link fence along the right-of-way shall be replaced with a solid six-foot tall privacy fence. No additional barbed or razor wire shall be permitted on the site. 3. To mitigate for the deviation to the requirement of Category VI screening along the rear property line, plant material shall be installed along this property line in order to create a continuous screen to buffer the residential properties from this use. Said plant material shall be depicted on a Landscape Plan that shall be submitted to the Development Services Center's Landscape Architect (LA)within 60 days of approval by the City Council for review and approval as deemed appropriate by the LA. 4. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected,shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 5. The hours of operation shall be limited to 8:00 a.m. to 10:00 p.m., Monday through Saturday. 6. No storage of inoperable motor vehicles shall be permitted and storage on the site shall be limited to the motor vehicles as a result of repossession. No trailers, storage containers,conex boxes,or mobile storage units shall be permitted on the site. 7. Any freestanding sign shall be monument style, not of electronic display (LED)type,and limited to eight (8)feet in height. A separate sign permit is required. The design shall be reviewed by the Planning Director for ultimate design and building material approval. 8. The parking lot shall be restriped within 90 days of City Council approval. Item#6 River City Recovery, L.L.C. Page 2 9. The existing solid fence along the right-of-way shall be painted a single earth-tone color. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item 6. 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 6 for consent. Mary Capone appeared before the Commission on behalf of the applicant. immemilionimmammink. . . • 1 / , • . i ---", -41•87# - , 1 , -•-• -- - • - •r• . , :--V /:, . ,,, .,.-.._, , or 10-1 -'....P0 _ ,... ( 1 •I wiT . , / --- '-'--' / l '... , I%.. , p.....• I ,: I ,.. .s.. ..:'.---... -.../ i /-...„.".. ..., to -/ •. 4.-_-: --••• ! •\ i. . ,. 4 ---- •4 Cel 1411 /* 1 i --------_________ - -.."_•; ar c:....;::„... , g . ‘-t_,. 1 . ID; 1 t i, /4fair ,,,/ L . - 1 ..... ..._....7111110111Pr.,../ : 411, 0 k4 , N ------__ p 0 `-----•,...; * - 0 1.1. 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[Applicant & Property Owner] Modification of Proffers (Rezoning to Conditional B-2 approved by City Council on May 27, 2014) Northeast corner of General Booth Boulevard & Nimmo Parkway (GPINs 2414174511, 2414077143, 2414172167 & 2414170309). COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: March 7, 2017 • Background: A rezoning of the property from R-20 Residential District to Conditional B-2 Community Business District was approved by City Council in May 2014. The applicant has been in discussions with a potential anchor tenant for the site who desires a reorientation of the buildings and a reallocation of the buildings' square- footage. As part of the 2014 approval, the proffer agreement required that when the property is developed, the shopping center be constructed in substantial conformance with the proffered renderings and site layout plan. The applicant now proposes a larger anchor building to be located on the rear of the site. The overall building square-footage on the site will remain unchanged from the previously approved 93,351 square feet. • Considerations: The proposed revisions to the size of the anchor store and to the slight shift in building locations, in Staffs view, will not diminish the quality of the development. The proposed addition of a 30-inch tall brick masonry wall along General Booth Boulevard, along with the proposed additional plant material will, in Staffs opinion, assist in offsetting the loss of building facade along the right-of-way. As with the previously approved configuration, the "Hickman House," formerly known as "Brown's Tavern," is proposed to be relocated to the northwest corner of the property, substantially preserved, renovated, and converted to a food service and/or an office use. 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 10-0, to recommend approval of this request. Central Drive Mini Storage, Inc. Page 2 of 2 • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De. . m= 1 • • -ncy: Planning Departmen i , City Manager: Applicant & Property Owner Central Drive Mini Storage, Inc. Agenda Item Public Hearing February 8, 2017 City Council Election District Princess Anne 3 City of Virginia Beach Request ^o�^B,� 4 70-75 dB DNL 4, Modification of Proffers Approved by City F' B IL~a 6. ^ D a`oe o,°ry. Council on May 27, 2014 , ' h 9 1 1 6? c y ^"J Oft p _ —'� sot ,B^! ,� 1- i Y N Staff Recommendation J•e o R L#� o Approval s i ` m '4 Prov,- a 6y ( d' Bcyi,y 8 a . k^ +%," P Staff Planner A t c\,,N°` �hN 4//1 1 W,, Jimmy McNamara ``°� H ° 65.70 dB DNL NImmO"w" YL_______,,_____I Location 1'`c S`R,\ 2 ^•y1 C Northeast corner of General Booth Boulevard & •de 414".'C',,,,,, Nimmo Parkway N„t,,,.. k. cc,c- r G P I N s tl�3 �c��4,P 2414174511, 2414077143, 2414172167, & FR 2414170309 Site Size 12.14 acres AICUZ 65-70 dB DNL; Sub-Area 2 TIN '!14I. , F ' Existing Land Use and Zoning District `�i�� r. . Single-family dwelling, cultivated field/ A • • . tit Conditional B-2 Community Business ti; , ' . ''' bra 5 ' ,. 'mow. Ti Surrounding Land Uses and Zoning Districts '” �• / - - North �, .r 1 Single-family dwellings/ R-10 Residential \ N�� ' .r t, P ' + South' . ''..:f.;':; ~'. ' .%..4.*:' , . ..�y J d Nimmo Parkway . - r%`r �- "', / a',.�m - 4. Mixed-retail/Conditional B-4 Mixed Use `'-= a„=�� A ,A.,0. ' A , .East '� _ Single-family dwellings/ R-7.5 Residential ' -4" .;-.,P71\• '�:� '� "- V r .cr r ., ,,,,... West ' r; �, `_ • General Booth Boulevard + Cs.#. + Afatok.., 7Restaurant, mixed-retail/Conditional B-1A .• ,`it'..c ! , it.-7h•_ _ *- Limited Community Business, B-2 Community Business Central Drive Mini Storage, Inc. Agenda Item 3 Page 1 Background and Summary of Proposal • A rezoning of the property from R-20 Residential District to Conditional B-2 Community Business District was approved by City Council in May 2014. As part of that request, the proffer agreement requires that when the property is developed as a retail shopping center, that is be constructed in substantial conformance with the proffered renderings and site layout plan. • Since that time, the applicant has been in discussions with a potential anchor tenant for the site who desires a reorientation of the buildings and a reallocation of the buildings' square-footage. These modifications will accommodate a larger footprint for the anchor tenant, which is a grocery store. A modification of the previously approved proffers is requested in order for the applicant to implement these changes. • The previously approved exhibit depicts an anchor building with approximately 32,000 square feet. The applicant now proposes a 45,600 square-foot anchor building to be located in the rear of the site. The overall building square-footage on the site will remain unchanged from the previously approved 93,351 square feet. • Parking will be located on the interior of the site with the exception of two locations along General Booth Boulevard. In both of these cases, a 30-inch tall brick masonry wall and landscaping is proposed to provide screening of parking spaces. The 501 spaces depicted on the site layout satisfy Section 203 of the Zoning Ordinance pertaining to off-street parking for retail establishments. • As with the previously approved proffers, the "Hickman House," formerly known as "Brown's Tavern," is proposed to be relocated to the northwest corner of the property, substantially preserved, renovated, and converted to a food service and/or an office use. • The proposed outparcel along Nimmo Parkway has been reduced in size from 1.4 acres to 0.9 acres. • Public art and ornamental landscaping are depicted at the intersection of General Booth Boulevard and Nimmo Parkway. Zoning History - �R-to # Request R-20 e � • R.-10- • 1 CRZ(R-20 to Conditional B-2)Approved 05/27/2014 o , R 4 R-10 2 CRZ(AG-2 to Conditional B-4)Approved 01/22/2008 ,5$ 3 CRZ(Conditional 0-1& R-20 to Conditional B-2) B-1A` J C Approved 09/08/2009 4 CRZ MOD(RApproved 20 to Conditio08/12/nal2008 0-1)Approved 08/08/1995 J _ .R-7.5 B 2' 1:41/ ss- DNL Q - � �! MOD Approved 11/22/2005 y`- ,',! CRZ(Conditional R-20 to 0-1)Approved 11/23/1993 / , = R-7.5 5 CRZ(AG-1,AG-2, & R-20 to Conditional A-18)Approved Nimmo Parkway �R-7 5 _ R-5 08/25/1999 • 6 CUP(Hair Care Center)Approved 05/13/2008 CUP(Religious Use)Approved 01/11/2000 R-20 7 CRZ(0-2 to Conditional B-1A B_2 )Approved 10/12/1999 CRZ(0-2 to Conditional B-1A)Approved 05/24/1998 8 REZ(R-20 to R-7.5)Approved 06/27/1995 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 Central Drive Mini Storage, Inc. Agenda Item 3 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. (Sec. 1.3, pp. 3— 10) Natural and Cultural Resources Impacts The site is located within the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. As a result, this area is subject to special drainage considerations and the Comprehensive Plan recommends that a preliminary drainage study be prepared. The main house on the principal parcel is known today as the 'Hickman House,' but is historically known as 'Brown's Tavern,' as the structure was once used as a tavern for travelers. The structure is listed in the "50 Most Historically Significant Houses and Structures in Virginia Beach." As with the previously approved proffered site layout,the structure is being relocated to the northwestern corner of the site and will include a front yard and an outdoor café area. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 17,300 ADT 1(LOS 4"C") Nimmo Parkway 22,990 ADT 1 27,300 ADT 1(LOS 4"D") Existing Land Use 2—6,868 ADT General Booth Boulevard 30,101 ADT 1 22,800 ADT 1(LOS 4"D") Proposed Land Use 3—6,798 ADT 27,400 ADT 1(LOS 4"E") l Average Daily Trips 2as defined by 101,755 3as defined by 100,152 square feet of 4 LOS=Level of Service square feet of a shopping a shopping center use center use Master Transportation Plan (MTP) and Capital Improvement Program (CIP) General Booth Boulevard is currently a four-lane divided minor urban arterial that is designated as an Access Controlled roadway in the current MTP. This section of General Booth Boulevard is shown as a six-lane roadway in VDOT's 2034 Long Range Model; however it is not included in the current City CIP. Nimmo Parkway is currently a four-lane divided major urban arterial that is designated as an Access Controlled roadway in the current MTP. No roadway CIP Projects are proposed for this section of Nimmo Parkway. Public Utility Impacts Water The site must connect to City water. There is an existing 20-inch City water main along General Booth Boulevard and existing 12-inch and 16-inch City water transmission mains along Nimmo Parkway. There is also a four-inch plugged City water main along Agecroft Road. Central Drive Mini Storage, Inc. Agenda Item 3 Page 3 Sewer The site must connect to City sewer service. There is an existing 30-inch HRSD sanitary sewer force main along General Booth Boulevard and an existing 42-inch HRSD sanitary sewer force main along Nimmo Parkway. There is also an eight- inch City gravity sewer main along Agecroft Road. Evaluation and Recommendation This request to modify the previously approved site layout to incorporate a larger anchor building is deemed acceptable by Staff. Staff does not anticipate any diminished quality of development as a result of this request. The proposed addition of a 30-inch tall brick masonry wall along General Booth Boulevard, along with the proposed additional landscaping will, in Staff's opinion, assist in offsetting the loss of building facade along the right-of-way. As with the previously approved plan, a corner treatment with ornamental landscaping and public art is proposed at the General Booth Boulevard and Nimmo Parkway intersection. It is Staff's opinion that the proposed elevation changes are very small in nature and ensure that the structures developed on the site will be constructed with high quality materials and, in Staff's opinion will create an architecturally interesting environment. As with the previously approved proffers, the historic"Hickman House" will be relocated to the northwest corner of the site where it will be reconditioned and repurposed for an adaptive reuse of this significant historic structure. As recommended by the Comprehensive Plan, the applicant has submitted a preliminary drainage study to the Development Services Center(DSC) outlining their proposed stormwater strategy for the subject site. As a result of their review, the DSC has agreed that the proposed conceptual stormwater strategy has the potential to successfully comply with the stormwater requirements of this site. 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 revised site plan is projected to slightly decrease the average daily trips to the site due to the reduction in size of the proposed outparcel. However, the change in traffic is very insignificant and the applicant will still be required to install all right-of-way improvements as outlined in the recommendations of the submitted March 2014 Traffic Impact Study, with the exception of the installation of a westbound turn lane on Nimmo Parkway, due to the fact that it was constructed with the Nimmo Parkway CIP project completed in 2014. Based on the considerations above, Staff recommends approval of this request with the submitted proffers below. Proposed Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: Proffer numbered 1 in the 2013 Proffers is hereby deleted and replaced with the following "NEW PROFFER#1": 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "Conceptual Layout Plan Hickman Place Virginia Beach, Virginia", dated November 29, 2016, prepared by Finley Design, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter"Concept Plan"). Central Drive Mini Storage, Inc. Agenda Item 3 Page 4 Proffer 2: Proffer numbered 2 in the 2013 Proffers is hereby deleted and replaced with the following"NEW PROFFER#2": 2. When the Property is developed, the exterior of the retail shops shown on the Concept Plan shall be substantially similar in appearance to and shall utilize the external building materials as depicted on the eight (8) page exhibits entitled, "Hickman Place, Virginia Beach,VA" and designated "Conceptual Perspective View: 1, 2, 3,4, 6, 7 and 8", dated November 30, 2016, and "Conceptual Perspective View: 5 House Parcel", dated November 1, 2013, prepared by Finley Design, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevations"). Any roof mounted mechanical equipment shall be screened from view. 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. Central Drive Mini Storage, Inc. Agenda Item 3 Page 5 Previously Approved Site Layout , LT; Za co — U a z ° ce \i QZ ` 00 o P. , �► o oc --_ C oG � S4sS W CnCG W NO C J U 1EY !• i 093 \t \ Wu Uo i i:n M e M ° w . . .. E. a Z Q ! V O p a a v sgQ W W Ug ` Ea t,..0 1 aa . t . g to I o N g > 4 11 = N S 5= o oo: r p of 2 . . p of .._ a' 0 t U a I SON0 \--\\- T (Otl WY38 H1�M yy ae'gi. a ass t _7 . >' pi \ \ 0ii;1\' ;f I :Yu \ \ U r.I2_ W< ,I r = . i4I -/ U > 0 a I .. ,a' , (4. \ \ a 7- \ 1. 0 g3 31 0 rgrg \'. • 11 411IP i 16* 111 \ 4111AP \-\-. ^.: ' \\\ \\%, „aii - ,, r- \'''' Ili ilj- -- [-t. , , , .4 , i, . , i \` h 1 Central Drive Mini Storage, Inc. Agenda Item 3 Page 6 Proposed Site Layout \ a- o V7 03S0dOnd \IL C N a HSIM HBidP9 ler) V 101. e 1 \ l.oz1 wti3e E � =3 QW f< 46.1‘. C 11. C ,_::'''',,, .. D P v Q Z ?t i b°4 �j iiceo ‘...- N co.3. % tf .= IF i., 4, ‘fr- --- 2- v4., a c?), 1 ,,'9, ,_ -- ilk zi g 2 O eilik - ;.:111 _ • ,*- --,,,, .c.)---'--- \ ‘\ \ \ ' W "'2 2 II* . , "''� i-' q< / ; / o- \ ,\\ \iik \ r ',1" \ol ' -'-''''' I ' 1 1 010 .'''-- lit, 4„.< , , - , N. . 4. , . , f#, ' mis- .i , , ,: j =a — r _ P ,--- --f `� _ _I—_7-------- ____Ai_k --- ";'ha iil `52x4' 2 4- Cg2J zof ,r Ox2' H% Z u qq,e< .Z C3 Ha a :si 2 R, Central Drive Mini Storage, Inc. Agenda Item 3 Page 7 Proposed Elevations rl� z 6 Nit)„. . r..._ .....2 in."! 0 A. w? in �...� Ix kiti. (P Ir , , _ • )-3 O at Lij W l F _ _ ZZ ' ;2 G lLQ ill1 1 i / .,..._...... ,, - f N 0 I ' O U 3 a> a 5U 0 Mir"F� N FE ViEl -0//ba C5 D CNp '' r' m c. E ', a) lik i /I/"1.,.. f `Jt �h? 0 > Q yi',t1 `) E co r � +, U 41 Central Drive Mini Storage, Inc. Agenda Item 3 Page 8 Proposed Elevations 0 0+ p .7K.,.. • }3 o 1 1, l t• r y�► Wu U i , JW 6' �M}r I +.` ' it • til Co r `+, 0 1, 0 CO ® 0 N Vwl i — • _ a) m > a) m U 4) a 4) a_ 0 a I ----, U M • U O CNI � �� e'' O co .� - E i ,I 4) � o 0 Q_ > 1, • H U l.w�_I, E ' D U � Central Drive Mini Storage, Inc. Agenda Item 3 Page 9 Proposed Elevations ` Ze C r Ur o I _i d. - w W _ W? `� =iQ i a C N fN`•t W u Jr! ' Z= _ u re .i7.......„-ii k Y O ./ W 6 C,y Z J� .,._ 10 . + �V : f !_ erva. . - --,- - •IN N O. } N Y o -1 • k`' N 19 A r� ��- �, 0 tYttisi 0 .......mi O N CO N N o CD z U a_ > 4 Y �' •, N vgr . my k, ,,,. . . 4 , Central Drive Mini Storage, Inc. Agenda Item 3 Page 10 Proposed Elevations Vr o i at / _i :i. , - .. :,_- tr02 (1) w i Q •Y,,xa L ',.....i, _ Y W C N ,.e+� , I p >- 7 a W u U J W C_ -„liti.4;:,?`,:,:. u 4,a iii• Q ■ Q co 1 o I 1 _ f .0 i. (n E Q • a a O' sUQ sball a)o 1111110 - U A 3 N co N 1E s N ® Pi.., 0 U ` Central Drive Mini Storage, Inc. Agenda Item 3 Page 11 Proposed Elevations z" c r,? , '� L0 a C Nr N //` W s N ' 1 \ y` o{ O r • a N > 3 a Wu -5 I I Li. Q a , • , io o C I0 ;1 i I-, { j a, I(--: .1'.' a t retl:\ 11' W Q v CO\\ r_ -,L 3 CNI ‘,, Loop_ -. HI , Q .\ >1W N z it, m ,i��r i Q 0 a m CD Central Drive Mini Storage, Inc. Agenda Item 3 Page 12 Proposed Elevations z: I -� ^W a' Z h _,,z,..._o 1 w— �., 0+ p I .731. - W U cU I Q j jr `, �I �p I 3 ai ��.f _' 1 l' 1 , ''- '' ,L: 6(1)\' ' . ., :, t 11 ;� > 4.,,,,,:ip, .,, \\X 4 ' g 1 , 13 .-M:Al.' /41111, / 411.1g 0 Sr! ' 7 . ,. ,0 a psii .. a`) C '. E a) o 1 (1) z 0 Q C ' ', �` • u ,, i U •d 4 2 Central Drive Mini Storage, Inc. Agenda Item 3 Page 13 Proposed Elevations Z" d 1 a m–.. – N. W ;it 1 _ Lii .L75 4. o•1 o '� Mi,,-,,a W I��I \ J 1 i s`- Z Z iti m 'k' ..,,n•--7 �4 , rFf— • I -,-,,-. JI'_+ i iii=l IRIS i 4 - O 3 a) 7 . 5 I T.i \, i \ \ Q , . , . ,-.) -- k \lit , /1111(\ \ 4, ,,, _ 1 0 'j U I l • o M ,� o 1. I . r „. :_e, i I •'', A j,,,tr y i 1 , ,,,i 1 rfo E i ; - i ':t'a�t i f U ' , _ , ; toi IZ. 1 , ` 0. 8 o0 ° 1 :I� U � '3 . Central Drive Mini Storage, Inc. Agenda Item 3 Page 14 Site Photos ...a4,,,. V .• ‘,. 41 • ' , • ' .4....t ,. ... ••,. • - i • ),--, s y- , e•w ..•0,A a tr....„ ', ....• ' , ,. 41; ,' . 4eriii- --- ••.: • I r ,,,,.... ......., „, ,.‘..„ _.- •sr,_,'..,. ', . .. ".: ''''.'" . '.1 6* .5 r•.--AIN.. 117 , ' -.^. I, .• •.1 ..... :Id 'II. /• ..." ',....' •••••''' i- • 411° , ‘' ' , / • ........, `..... , 'I. , . •••••.: 1 ..... ..%k .---,/,010'..'.:' ...; ...P'' ''... I i ....., . ' • Ar 1 . , ....• , .. . • __ • , _ .. ......, Central Drive Mini Storage, Inc. Agenda Item 3 Page 15 Disclosure Statement B Virginia Beach APPLICANT'S NAME Central Drive Mini Storage, Incorporated 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 Vir• ginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/- H o mw� Pagel of7 and L co„,c, ineeung that ,to the k,l,cat,on, 0 APPII CAN:NOTIFIED OF HEARING DATE Er NO CHANGES AS or TATE </ L// /7 /NYC Jimmy McNamara IN p REVISIONS SUBMITTED CE ✓p , Central Drive Mini Storage, Inc. Agenda Item 3 Page 16 Disclosure Statement 113 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 Applicants name.Central Drive Mini Storage, Inc If an LLC, list all member's names: Michael D. Sifen, President; Barry A. Sifen, CFO/Treasurer&Secretary If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 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 nroverty owner is different from Annlicant. ❑ Check here if the PROPERTY OWNER IS NOT 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 Central Drive Mini Storage, Inc. Agenda Item 3 Page 17 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below. (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner. (Attach list if necessary) 'Parent-subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act.Va. Code§2.2-3101. 2 'Affiliated business entity relationship' means "a relationship, other than parent-subsidiary relationship,that exists when(I) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner inentity is also a controlling owner in the other entity,or (iii) there Is shared management or control ebetween the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include chat the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets, the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION S EPERATELV Page 3 of 7 Central Drive Mini Storage, Inc. Agenda Item 3 Page 18 Disclosure Statement APPLICANT Virgin YES NO SERVICE PROVIDER(use additional sheets if needed) x Accounting and/or preparer of your tax return X FI Architect/Landscape Architect/ Finley Design Land Planner Contract Purchaser(if other than nFr the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and f� purchaser's service providers) nL^I Construction Contractors Engineers/Surveyors/Agents MSA,P.C. Financing(Include current vl mortgage holders and lenders LJ /V selected or being considered to provide financing for acquisition or construction of the property) n [] Legal Services Sykes,Bourdon,Ahem&Levy,P.C. ^ Real Estate Brokers / Troy Parker,Parker/Burnell Agents/Realtors for current and anticipated future sales of the sub'ect 'revert ' 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 Central Drive Mini Storage, Inc. Agenda Item 3 Page 19 Disclosure Statement INB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this [Application._ 77/ r Michael D. Sifen, President 12/01/16 APPLICANTS SIGNATURE ✓u6 PRINT NAME DATE Central Drive Mini Storage,Incorporatec Page 5 of Central Drive Mini Storage, Inc. Agenda Item 3 Page 20 inookBBEAAirt t2 CITY OF VIRGINIA BEACH *f4, INTER-OFFICE CORRESPONDENCE v.' In Reply Refer To Our File No. DF-9767 DATE: February 22, 2017 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Central Drive Mini Storage, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on March 7, 2017. I have reviewed the subject proffer agreement, dated December 1, 2016 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS CENTRAL DRIVE MINI STORAGE, INCORPORATED, a Virginia corporation TO(PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 1b1 day of December, 2016, by and between CENTRAL DRIVE MINI STORAGE, INCORPORATED, a Virginia corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of those five (5) parcels of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing a total of approximately 12.14 acres, as described in Exhibit "A" attached hereto and incorporated herein by reference,which are referred to herein as the"Property"; and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated November 1, 2013 as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20140530000475840 (hereinafter "2013 Proffers"), to reflect amendments applicable to the land use plan on the Property; and GPIN: 2414-17-4511-0000 2414-07-7143-0000 2414-17-2167-0000 2414-17-0309-0000 2414-17-3206-0000 PREPARED BY SYkts. NOCRDON. Prepared b r11iFRN R Lkl�l'.I?C It Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahem&Levy,P.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 WHEREAS, it is the intent of the Grantor that the proffered covenants, restrictions and conditions contained herein shall modify those Proffers numbered "1" and "2" as contained in the 2013 Proffers; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's proposed modification of conditions to the zoning gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pup quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following two (2) amendments to the Covenants, Conditions and Restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns,grantees, and other successors in interest or title: 1. Proffer numbered 1 in the 2013 Proffers is hereby deleted and replaced with the following"NEW PROFFER#1": PREPARED BY. SUES.liOU¢unre. 1. When the Property is developed, it shall be developed substantially as AWtlry R LtiN.ec. shown on the exhibit entitled, "Conceptual Layout Plan Hickman Place Virginia Beach, Virginia", dated November 29, 2016, prepared by Finley 2 Design, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Concept Plan"). 2. Proffer numbered 2 in the 2013 Proffers is hereby deleted and replaced with the following"NEW PROFFER#2": 2. When the Property is developed, the exterior of the retail shoppes shown on the Concept Plan shall be substantially similar in appearance to and shall utilize the external building materials as depicted on the eight (8) exhibits entitled, "Hickman Place, Virginia Beach, VA" and designated "Conceptual Perspective View: 1, 2, 3, 4, 6, 7 and 8", dated November 30, 2016, and "Conceptual Perspective View: 5 House Parcel",dated November 1, 2013, prepared by Finley Design, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevations"). Any roof mounted mechanical equipment shall be screened from view. 3. Proffer numbered 3 in the 2013 Proffer is hereby deleted and replaced with the following"NEW PROFFER #3": 3. When the Property is developed, the existing dwelling commonly referred to as the "Hickman House" (originally known as "Brown's Tavern") shall be relocated, to the northwest corner of the Property, substantially preserved, renovated and converted to food service and/or office use. The buildings designated "House/Cafe 1800 SF" and "Building 'F' 2,450 SF" on the Concept Plan and any businesses operated in them shall close by no later than 11:00 PM. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance PREPARED 8Y �S1'RFs.ROCRugR until specifically repealed. The conditions, however, may be repealed, amended, or varied :1NERN&t[t'1'.ec by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of 3 recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 195o, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded,said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. PREPARED 6? SYCLS. POIIRDON. AIIEI4N&LEVY.Ri 4 WITNESS the following signature and seal: Grantor: Central Drive Mini Storage, Incorporated, a Virginia corporation� � / ,,�,J/n � BY: / / l G/ae/ �� " (SEAL) Michael D. Sifen, Presi t STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this t 1 day of December, 2016,by Michael D. Sifen, President of Central Drive Mini Storage, Incorporated, a Virginia corporation, Grantor. 474i ii[in (1$1161 Notary Public My Commission Expires: August 31, 2018 TAR •'• Notary Registration Number: 192628 •°•, moo PREPARED BY Ng SYIJS. IJOI RUON. NM NIk12N& n.N. 5 EXHIBIT "A" Parcel I: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, and the appurtenances thereunto belonging, situate, lying and being in the Princess Anne Borough of the City of Virginia Beach, Virginia, and being known as Parcel Number 4, 8.35 AC, (2414-17-4511), as shown on that certain plat entitled "Subdivision of Property of Charles Carlton Hickman and Russell Lee Rainey, in Princess Anne Borough of Virginia Beach,Virginia", dated March 27, 1995 and made by Gallup Surveyors&Engineers, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,in Map Book 248, at Pages 24 and 25. GPIN: 2414-17-4511-0000 Parcel II: All that certain lot, piece or parcel of land, lying, situate and being in the City of Virginia Beach, Virginia, and known, labeled "Proposed Pumping Station Site, 0.254 acres", as shown on that certain plat entitled, "PROPOSED PUMPING STATION SITE FOR HAMPTON ROADS SANITATION DISTRICT", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1416, at Page 313. LESS AND EXCEPT that portion of the said property conveyed to the City of Virginia Beach by Deed recorded in the aforesaid Clerk's Office in Deed Book 2258, at Page 184. GPIN: 2414-07-7143-0000 Parcel III: All that certain parcel of land, together with the improvements thereon, situated, lying and being in the Princess Anne Borough, Virginia Beach, Virginia, containing approximately .49 acres,and known, numbered and designated as Parcel 2,as shown on a Plat made by Gallup Surveyors & Engineers, Ltd., dated November 29, 1992, entitled, "Property of Charles Carlton Hickman Residual 19.36 Acres"and which Plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 229, at Page 52, to which reference is hereby made for a more particular description of said Parcel. GPIN: 2414-17-2167-0000 PREPARED BY S1'etti.Th UPUUN, Parcel IV: MID7A&I FV1'.p f ALL THAT certain parcel of land, together with the improvements thereon, situated, lying and being in the City of Virginia Beach, Virginia, (formerly known as the Princess Anne 6 Borough, Virginia Beach, Virginia) containing approximately 2.64 acres, and known, numbered and designated as Parcel 1, as shown on a Plat made by Gallup Surveyors & Engineers, Ltd., dated November 29, 1992, entitled, "Property of Charles Carlton Hickman Residual 19.36 Acres" and which Plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 229, at Page 52, to which reference is hereby made for a more particular description of the said Parcel. GPIN: 2414-17-0309-0000 Parcel V: ALL THAT certain parcel of land, together with the improvements thereon, situated, lying and being in the Princess Anne Borough,Virginia Beach,Virginia,containing approximately .49 acres, and known, numbered and designated as Parcel 3, s shown on a Plat made by Gallup Surveyors & Engineers, Ltd., dated November 29, 1992, entitled, "Property of Charles Carlton Hickman Residual 19.36 Acres" which Plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 229, at Page 52,to which reference is hereby made for a more particular description of the said Parcel. GPIN: 2414-17-3206-0000 H:\AM\Mod of Proffers\Central Drive Mini Storage\Hickman Property\1st Amendment to Proffers.doc PREPARED BY'. S1'k'F,S.P ICRDON, A!I!PN&IVY..Pr 7 ' )' J' / e i y.. - „•.._ . . •, .• • - '"`": ;•.? ,....--1V1,Z.1I.),--------j-(7 ;-1.1/ NIIi . " - . .... .. .s' .::.;•• -•-•.; •: I # \ roe: 0#4 s';'''' \\:\'' 6.17 '!. E._;,„,-. 4#11).,-.4s\V. Qjko 0 cipis......-4 . / • C y * I -I/bill; Ce, CZ s''k 'ilk --/ . 4IV• < • --- / P---,• , ' :. - , \•,' ',4- L--__CNI' \ Tr. 0. rx c:".\ ." 0 - ---..1 \....s / ..-/- M 4441 F , • 4 < . , N. It')/- ' i . -- 1\`) <\ . vlip ' CNI \.-- Ei 0 , \ ce ip v , 1 - , , 1 Iri ..----------- ... _. :. , _.., , . Jr 1111 . cl i , ci ‘_/ n .j t,,,.. .-1-41-1 : I T- r- —-1 [ NI 1 N. :) I I aMi , r`i 1,- r -5-1 ,.. z , ____, c II j.--5...-, WI' Er- i 1 A c_4 ) ad i li Is.1 VT 11011111 0.1 - LJ ill.: '1 U Will I 1r ,Et wig IX lbw, h111*4.11:77.106.' .j 1 -.1 U . .., 1 i __,-1___T" „Al li • c, I L lif t 1 Ns 10016 Illk.: c---3 1 -- 0. A 1 • _ L,-- tril ,== kohNkk\l§ki! [ I] )42) IL 11 Igle*" Wirli: I ,, 1 • , I - 1 • . , r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THE BUNNY HUTCH, INC. [Applicant] JUSTIN M. FAILLA [Property Owner] Conditional Use Permits (Wildlife Rehabilitation Center & Animal Shelter) 1165 Jensen Drive (GPIN 2417434300). COUNCIL DISTRICT— BEACH MEETING DATE: March 7, 2017 • Background: The applicant operates a non-profit organization that provides outreach activities to educate and advocate for animal welfare and environmental sustainability. The applicant desires to keep and care for multiple animals on the site. The applicant appeared before the Planning Commission on January 11, 2017, for a Conditional Use Permit for a Wildlife Rehabilitation Center. During the late phases of Staffs review of that application, more information was revealed regarding the species of animals that are kept onsite. Based on that information, it was determined that a Conditional Use Permit for an Animal Shelter would also be required. In addition to the use of the site as a Wildlife Rehabilitation Center and an Animal Shelter, the applicant also manufactures biopods, which are self-sustaining tank habitats for small reptiles and amphibians. The manufacturing of the biopods is a by-right activity and no Conditional Use Permit is required. • Considerations: The applicant and Staff met with representatives of the U.S. Department of the Navy in regard to the existing Navy restrictive easements on the subject site and the limitations on the property regarding uses permitted in the greater than 75 dB DNL noise zone and the Accident Potential Zone 1 (APZ 1). A determination was made that the proposed use of the property as an Animal Wildlife Rehabilitation Center and an Animal Shelter is consistent with Section 1800 of the Zoning Ordinance, in regards to compatible land uses within the greater than 75 noise zone and APZ 1. The operation is set up to contain any escaped animal with three levels of containment. Staff has recommended conditions, with Planning Commission's unanimous endorsement, to further address safety and compatibility with surrounding land uses. These conditions are listed below and further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. The Bunny Hutch, Inc. Page 2 of 3 Two citizens spoke in opposition to the requests at the public hearing. The opposition cited concerns related to community safety, as well as the City's insufficient notice of the requests to the public. Specifically, the representative of the Seatack Civic League noted concerns about "dangerous and venomous animals" being located in a residential area and has since sent an email to Staff requesting an that an additional condition to address this be added. With concurrence from Councilman Uhrin, Staff has added Condition #7 to address this issue. IN Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 10-0, subject to the conditions below. 1. No animals shall be released on the subject site or within the surrounding area. 2. Animal waste shall be removed daily in a lawful manner. 3. All animals shall be properly and humanely contained either in the building or within the fenced-in areas. Animals shall not be allowed to roam freely out of these structures at any time. If any animal does escape, the City of Virginia Beach Animal Control Department shall be notified immediately. 4. All mammals kept onsite shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. 5. Consistent with the existing Navy restrictive easement on the site, no minks shall be kept on site. 6. Consistent with the requirements of Section 1800 of the Zoning Ordinance, no livestock farming or animal breeding shall occur on the site. 7. Both venomous reptiles and venomous amphibians shall not be transported to the site, nor shall any such animals be kept on the site at any time. • 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 ‘f y�1 . Ic-{: The Bunny Hutch, Inc. Page 3 of 3 City Manage • 411 Applicant The Bunny Hutch, Inc. Agenda Item Property Owner Justin M. Failla \I j Public Hearing January 11, 2017 8 City Council Election District Beach Virginia Beach Request Conditional Use Permit (Wildlife Rehabilitation Center) Post Canyon Aoad ti 70.75 dB DNL Miler,lan. o.! Atlantis Drive A'en, Staff Recommendation Approval Southern aeele.erd Norfolk Av.nu. PZA .r_ Orran Pebble,Wel � • nP lar Yuen Street O 4' et, f'�p Staff Planner •Jr•P•r `°,,• �`ya 'gt'•A. Jimmy McNamara •4., t an ,` w 6 e' f APZ E Location yens Au.d 1165 Jensen Drive, Suite 100 3�'e! Pre,...Dr,.. £ GPIN waJAJ Street Gannet Rin 2417434300 �•n Deer Creek Dnve Q nad• ,rt, Goo,e trending 0. Site Size s 0.33 Acres i AICUZ Greater than 75 dB DNL; APZ 1 Existing Land Use and Zoning District • Industrial Warehouse/ 1-1 Light Industrials 1 . , '; '' Surrounding Land Uses and Zoning Districts i,.. , " '`f`'? North - ` Seatack Recreation Center/ I-1 Light Industrial - t •'- . South - i" ,� - Industrial warehouse/1-1 Light Industrial !"+• ' � s> '., ' East ` r : ` — , Birdneck Road Gr Industrial warehouse/ 1-1 Light Industrial `.,~' ,- V' Westgo Subject ` L .z Industrial Warehouse/ 1-1 Light Industrial 4 . .. ., ' * _n i, , , :, lie ,, ,� 1 Nr 41A7 The Bunny Hutch, Inc. Agenda Item 8 Page 1 Background and Summary of Proposal • The subject site is developed with an existing industrial warehouse building. The applicant operates a non-profit organization that provides outreach activities to educate and advocate for animal welfare and environmental sustainability. • The applicant desires to keep and care for multiple animals on the site. Section 111 of the Zoning Ordinance defines wildlife as any mammal, bird, reptile or amphibian listed on the Virginia Department of Game and Inland Fisheries' list of native and naturalized fauna of Virginia. The applicant proposes to care for rabbits,ferrets, chinchillas, rats,guinea pigs, snakes and spiders. As such, a Conditional Use Permit for a Wildlife Rehabilitation Center is required. • The applicant is in the process of obtaining licensure by the Virginia Department of Game and Inland Fisheries as a Category III Animal Wildlife Rehabilitator. The applicant has also stated that she is a member of the Association of Zoos and Aquariums. • The applicant intends to care for up to 15 animals on the site at any given time. Volunteers will assist in caring for the animals. • Animals will be kept within the building for a majority of the time while on the site. Prior to release, animals may be kept outside within several outdoor fenced-in areas. • The primary goal of the applicant's care of these animals is to return the orphaned and/or injured animals to their natural habitat as quickly as possible. • Several animals will be used for educational opportunities if they are deemed unfit to be returned to the wild. The applicant has a mobile recreational vehicle which is used to transport the animals to the locations of the outreach activities. • Due to the site's location in the greater than 75 dB DNL and APZ 1, no visitors beyond the volunteers necessary for the operation of the wildlife rehabilitation center will be permitted on the site. All educational outreach events will occur offsite. • In addition to the use of the site as a wildlife rehabilitation center,the site is also used as a manufacturing facility for biopods,which are self-sustaining tank habitats for small reptiles and amphibians. The manufacturing of the biopods is a by-right activity and no Conditional Use Permit is required. The Bunny Hutch, Inc. Agenda Item 8 Page 2 Zoning History Z. `.��. - # Request �_ l ,_ .i- 1 CUP(Bulk Storage)Approved 04/22/2003 �� �j ,� �� CUP(Bulk Storage,Automobile Repair)Approved 0,41, 4 02/25/2003 .o:, � CUP(Automobile Repair Garage, Bulk Storage)Approved i/i///� ,,, ', r, �d s,4. 09/2 REZ 28R 10 to 1-1)Approved 02/10/1998 .' ��/.�` �`/�� I , 3 CUP(Bulk Storage)Approved 03/27/2007 .n: *�, g p ■ CRZ(I-1, R-10 to Conditional I-1)Approved 10/24/2006 3 CUP(Automobile Repair Garage)Approved 04/12/2005 ■ ! _ �� 7 4 MOD Approved 01/11/2011 ® `���.r2_:____:: 5 CRZ(R 10, B-1 to 1-2)Approved 01/26/2010 � 1� C� .'t ����_„�. �r- CRZ(R 10 to Conditional B 1)Approved 06/26/2001 y2 •.'".”`° 6 SVR Approved 02/13/2007 7 CUP(Religious Use)Approved 04/22/2003 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance ' REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type,size, intensity and relationship to the surrounding uses. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There do not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Jensen Drive No Count Data Available Existing Land Use Z 25 ADT1 Proposed Land Use 3-24 ADT' 'Average Daily Trips z as defined by 0.33 acres of 3as defined by a wildlife property zoned I-1 rehabilitation center The Bunny Hutch, Inc. Agenda Item 8 Page 3 Public Utility Impacts Water The site is currently connected to City water. Sewer The site is currently connected to sanitary sewer through a private sewer network. Evaluation and Recommendation This request for a Conditional Use Permit for a Wildlife Rehabilitation Center is, in Staff's opinion, compatible with the surrounding uses in the industrial park. Section 242.4 of the Zoning Ordinance addresses requirements for Wildlife Rehabilitation Centers (page 7 of this report). The applicant has been made aware of the eleven requirements and is agreeable to meeting this requirements. The applicant is in the process of obtaining the Category III Animal Wildlife Rehabilitator license from the Virginia Department of Game and Inland Fisheries. During a recent site visit, Staff found the property and the building to be very well organized and well-kept. The existing cages and any activities proposed in the outdoor fenced areas will not be visible from the right-of-way or the private road. Staff believes that the center will have little to no impact to adjacent properties. The applicant and Staff met with representatives of the U.S. Department of the Navy in regard to the existing Navy restrictive easements on the subject site and the limitations on the property regarding uses permitted in the greater than 75 dB DNL noise zone and the Accident Potential Zone 1 (APZ 1). A determination was made that the proposed use of the property as an Animal Wildlife Rehabilitation Center is consistent with Section 1800 of the Zoning Ordinance, in regards to compatible land uses within the greater than 75 noise zone and APZ 1. Conditions have been recommended by Staff to ensure consistency with Section 1800 of the Zoning Ordinance, including the requirement that no minks be kept on site, and no livestock farming or animal breeding occur on the property. Based on the considerations above, Staff finds this to be an acceptable use and recommends approval of the request subject to the conditions below. Recommended Conditions 1. The applicant shall comply with all of the provisions of Section 242.4 of the City Zoning Ordinance pertaining to a Wildlife Rehabilitation Center. 2. Prior to the operation of the site as a Wildlife Rehabilitation Center,the applicant shall obtain and maintain a Category III Animal Wildlife Rehabilitator license from the Virginia Department of Game and Inland Fisheries. 3. No animals shall be released on the subject site or within the surrounding area. 4. Animal waste shall be removed daily in a lawful manner. 5. All animals shall be properly and humanely contained either in the building or within the fenced-in areas. Animals shall not be allowed to roam freely out of these structures at any time. If any animal does escape,the City of Virginia Beach Animal Control Department shall be notified immediately. The Bunny Hutch, Inc. Agenda Item 8 Page 4 6. All mammals kept onsite shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. 7. Consistent with the existing Navy restrictive easement on the site, no minks shall be kept on site. 8. Consistent with the requirements of Section 1800 of the Zoning Ordinance, no livestock farming or animal breeding shall occur on the site. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. The Bunny Hutch, Inc. Agenda Item 8 Page 5 Site Layout Jensen Dr • • Subject Building Outdoor Fenced Area The Bunny Hutch, Inc. Agenda Item 8 Page 6 Zoning Ordinance Requirements for Wildlife Rehabilitation Centers 242.4 - Wildlife Rehabilitation Center Wildlife rehabilitation centers shall be subject to the following provisions: (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 III 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)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. (d)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. (e) 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 operator of the rehabilitation facility shall be the owner of the wildlife they are rehabilitating for the purposes of City Code section 5-14. (f)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. (g)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. (h)Vehicular parking requirements shall be as specified in the conditional use permit. (i)Signage shall conform to the regulations of the district in which the facility is located or to the conditions of its conditional use permit if different. (j)The operator may provide educational outreach services at the facility if permitted by its conditional use permit. (k)The operator may exhibit at the facility wildlife that has been determined to be rehabilitated yet permanently disabled such that the wildlife can no longer be released to the wild,provided that such activity is allowed by an exhibition permit issued by the Virginia Department of Game and Inland Fisheries or the United States Fish and Wildlife Service that limits the number and type of wildlife permitted. The Bunny Hutch, Inc. Agenda Item 8 Page 7 Site Photos • --4,—-lig, _ „. _ . ... . iiiift se.....:,,,x. _ ,.........,... .. ...*,.e.: . r." ..1-rr.• .-. -,.--, :_,:,:.......,,`',.....-3- 4 • . C..s. ,..i . . ... l, st ' .• VI, ' % ." 1%.' A • • • -- . ., A. - - —0 _.. II'.....1 t.....- --... , . ..• .. ' _ • ..I .4r...j...' • • ... 0 111614 • • - •-. • it ,.,. NI. . . I.. r Noili . . .. . , • • . . — •. . ,. - , ''.• ''t' -':;It •f•iii,' 'I,'..i ,-,-).", --- liftl---obdat, "- z•- -- IN • • _ , .. _. ..._.. .. ... .. . ... '. . A: - - , A '0:. • ,2 A I • •' r I , I: .,,.L.L.,'... **.• ''''"j-: ' 7 .- It."'?";•—3--:— ' 10:-... . . _ . ,. rr ' -• r, —..•14,„ • // . ...lb v. ' 1 The Bunny Hutch, Inc. Agenda Item 8 Page 8 Disclosure Statement AB Virginia Beach APPLICANT'S NAME The Bunny Hutch 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 Compliance,Special Investment Program Nonconforming Use Exce•thin for (EDIP) Changes Board of Zoning — A• •cols Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay -- - -- Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR Cry usr ONt A /Al rialnvures n,,Jci -ee.nr r 1 V01 T�Pt and v� ,al , ,-Ir Page1of7 0P Vrl N01 LD Or LEARWC LAI, F roCHANCE'S AS O - 0+1E 2/ 2///7-r Jimmy McNamara REVISIONS SUBM I TFL The Bunny Hutch, Inc. Agenda Item 8 Page 9 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: The Bunny Hutch Inc. If an LLC, list all member's names: N/A If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Dr.Angela Maxwell(Director) Janine Kafourous-Bartling(President) Travis Bartling (Director of Accounting) Sonya Marker(Vice President) Emily Brooks(Secretary) Josh Marker(Historian) Ashley Kale(Member) (B) List the businesses that have a parent-subsidiary I or affiliated business entity e relationship with the Applicant: (Attach list if necessary) N/A See next page for information pertaining to footnotes' and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 0 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:Justin M. Faille If an LLC, list the member's names:N/A — - Page 2 of 7 The Bunny Hutch, Inc. Agenda Item 8 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) N/A (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) N/A 'Parent-subsidiary relationship" means 'a relationship that exists when one indirectlyowns sharescorporationnothdirectly or possessing more than 50 percent of e 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,(i) 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 entitles" 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 aoollratlort 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 SEPERATELV Page 3 of The Bunny Hutch, Inc. Agenda Item 8 Page 11 Disclosure Statement • APPLICANT laP YES INO SERVICE _ I PROVIDER(use asal tonal sheets If eae nX Accounting and/or preparer of N/A your tax return n „ Architect/Landscape Architect/ N/A Land Planner Contract Purchaser Lpther than N/A X the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed N/A IZpurchaser of the subject property L� (identify purchaser(s)and E purchaser's service providers) nE Construction Contractors N/A XIEngineers/Surveyors/Agents N/A Financing(include current N/A n n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) IX Legal Services N/A Real Estate Brokers/ N/A 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 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? N/A Page 4 of The Bunny Hutch, Inc. Agenda Item 8 Page 12 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 A;jiication._ 7 _ _ ___ d .,�Ir/1/�1AKI/ Dr. Angela Maxwell _ f c‘1717Y u, APVJGN a SIGNATURE Ems_ __ PRINT NAME DATE Page 5 of The Bunny Hutch,Inc. Agenda Item 8 Page 13 Disclosure Statement OWNER Virginia Beach [YES NO SERVICE I PROVIDER(use additional meets if needed) ❑ El Accounting and/or preparer of N/A your tax return ❑ u E Architect/Landscape Architect/ N/A Land Manner ❑ Contract Purchaser(If other than N/A the Aoolicand-Identify purchaser and purchasers service providers Any other pending or proposed N/A ❑ Z purchaser of the subject property (Identify purchaser(s)and purchaser's service providers) F-1 XI Construction Contractors N/A — ❑ Engineers/Surveyors/Agents N/A Financing(include current N/A InIp mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ill _ . Ilk Legal Services N/A Real Estate Brokers/ N/A ❑ .Z Agents/Realtors for current and anticipated future sales of the sub ect •ro• rt SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ix an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? N/A Page 6 of 7 The Bunny Hutch, Inc. Agenda Item 8 Page 14 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee In connection with this Application. Justin M. Faille 15 Sep 16 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 The Bunny Hutch, Inc. Agenda Item 8 Page 15 "\)IB Applicant The Bunny Hutch, Inc. Agenda Item Property Owner Justin M. Failla Public Hearing February 8, 2017 City Council Election District Beach Virginia Beach Request Conditional Use Permit(Animal Shelter) Pont(any.awe e 7075 dB DM Staff Recommendation Minuet "' "`e9y"" "" °'"' Approval +en Southern eouk+ard Norfolk Avenue - Pr, - Otean Pebble,Way Staff Planner ' `'� Jimmy McNamara ,b" a.yra 0,, •,,,,,,, t s A, o Location ''6 0 r 1165 Jensen Drive, Suite 100 "PZ7 brant...., eC e , f GPIN ��' Pte, t,. etreD . 2417434300 be"`f^si Wet, a Gannet Ron Site Size Over Creek Dnnc i�'MMe Mao` Goo..""rng 0.33 Acres s 77 AICUZ I Greater than 75 dB DNL;APZ 1 Existing Land Use and Zoning District Industrial Warehouse/ 1-1 Light Industrial - t • Surrounding Land Uses and Zoning Districts `� . #� , North ,Y� 1 •.x,�',�,�, K� Seatack Recreation Center/ 1-1 Light Industrial ,......... I. '..' j South g. lo�;< , .? f :,' Industrial warehouse/ 1-1 Light Industrial ' .=',s ; -11re- East °..;. ` Birdneck Road Industrial warehouse/ 1-1 Light Industrial a '-`�!; , ., West . _ .._ .._ � `.4'•...-. _ • Industrial warehouse/ 1-1 Light Industrial `� Subject f The Bunny Hutch, Inc. Agenda Item 11 Page 1 Background and Summary of Proposal • The Virginia Department of Game and Inland Fisheries recently notified all of the known existing licensed wildlife rehabilitators within Virginia Beach that the City of Virginia Beach requires a Conditional Use Permit for Wildlife Rehabilitation. Based on this notification, Bunny Hutch, Inc. contacted Staff last Fall and submitted an application for a Conditional Use Permit for a Wildlife Rehabilitation Center. The applicant appeared before the Planning Commission on January 11, 2017, and the Planning Commission voted unanimously to recommend approval to the City Council for the Conditional Use Permit for a Wildlife Rehabilitation Center. During the late phases of Staff's review of that application, more information was revealed regarding the species of animals that are kept onsite. Based on that information, it was determined that a Conditional Use Permit for an Animal Shelter would also be required. As such, Bunny Hutch, Inc. has submitted this request for a Conditional Use Permit for an Animal Shelter. The requests for the Wildlife Rehabilitation Center and for the Animal Shelter will be heard simultaneously by the City Council, at a date yet to be determined. • The subject site is developed with an existing industrial warehouse building. The applicant operates a non-profit organization that provides outreach activities to educate and advocate for animal welfare and environmental sustainability. • The applicant intends to care for up to 15 animals on the site at any given time. Volunteers will assist in caring for the animals. • Animals will be kept within the building for a majority of the time while on the site. There is a large rabbit that does have access to a portion of the property that is a fenced yard. The operation is set up to contain any escaped animal with three levels of containment. These levels include Level 1: animals are kept within a cage; Level 2: animals in cages are kept within a specific room (arachnids, reptiles and amphibians (e.g. spiders, snakes,frogs) are kept in one room, mammals (e.g. bunnies and ferrets) are kept in another room; Level 3: animals are all kept indoors, except as noted within this report. • From time-to-time, some of the arachnids, reptiles, amphibians and mammals are taken off-site within their cages and transported via a recreational vehicle to educational and outreach events. • Due to the site's location in the greater than 75 dB DNL and APZ 1, no visitors beyond the volunteers necessary for the operation of the wildlife rehabilitation center and animal shelter will be permitted on the site. All educational outreach events will occur offsite. • In addition to the use of the site as a Wildlife Rehabilitation Center and Animal Shelter,the site is also used as a manufacturing facility for biopods, which are self-sustaining tank habitats for small reptiles and amphibians. The manufacturing of the biopods is a by-right activity and no Conditional Use Permit is required. The Bunny Hutch, Inc. Agenda Item 11 Page 2 Zoning History nr' i! -r— y, _ ; 7` # Request - '- Jackson St i =IV �` 1 CUP(Bulk Storage)Approved 04/22/2003 tr CUP(Bulk Storage,Automobile Repair)Approved 4q.,:1 t��� 0 � 02/25/2003 AIM, _,,,,-417/44.0.4",., ;, CUP(Automobile Repair Garage, Bulk Storage)Approved � �„A I t,� <vi iL 09/28/1993 ri, y, � ' ,`'/ �� 2 REZ (R-10 to I-1)Approved 02/10/1998 ��11115k 3 CUP B lk r(Bulk Storage)Approved 03/27/2007 �' . ,J CRZ(I-1, R-10 to Conditional I-1)Approved 10/24/2006 l' ,��AS CUP(Automobile Repair Garage)Approved 04/12/2005 3ow* �r�1, 'w`���� 4 MOD Approved 01/11/2011 iINQ a t► 1 5 CRZ(R-10, B-1 to 1-2)Approved 01/26/2010 Cl ° ��! r f °� CRZ(R-10 to Conditional B-1 Approved 06/26/2001 - 6 SVR Approved 02/13/2007 7 CUP(Religious Use)Approved 04/22/2003 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Focus Area 9, Historic Seatack. Seatack is an integral part of the Resort Area and, while primarily a residential community with supporting religious institutions and public facilities, it also includes some businesses and light industry. Much of the area is constrained by the highest noise zones, Navy restrictive easements and the Special Flood Hazard Area. Recommendations for this area include adherence to the Special Regulations in Air Installations Compatible Use Zones, a careful mix of compatible land uses that contribute to the day-to-day life of community residents, and discouragement of uses incompatible with existing residential. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There do not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Jensen Drive No Count Data Available Existing Land Use Z—25 ADT' Proposed Land Use 3-24 ADT' 'Average Daily Trips 2 as defined by 0.33 acres of Sas defined by a wildlife property zoned I-1 rehabilitation center Public Utility Impacts Water The site is currently connected to City water. The Bunny Hutch, Inc. Agenda Item 11 Page 3 Sewer The site is currently connected to sanitary sewer through a private sewer network. Evaluation and Recommendation This request for a Conditional Use Permit for an Animal Shelter is, in Staff's opinion, compatible with the surrounding uses in the industrial park. The applicant and Staff met with representatives of the U.S. Department of the Navy in regard to the existing Navy restrictive easements on the subject site and the limitations on the property regarding uses permitted in the greater than 75 dB DNL noise zone and the Accident Potential Zone 1 (APZ 1). A determination was made that the proposed use of the property as an Animal Wildlife Rehabilitation Center is consistent with Section 1800 of the Zoning Ordinance, in regards to compatible land uses within the greater than 75 noise zone and APZ 1. Conditions have been recommended by Staff to ensure consistency with Section 1800 of the Zoning Ordinance, including the requirement that no minks be kept on site, and no livestock farming or animal breeding occur on the property. The operation is set up to contain any escaped animal with 3 levels of containment. To further address safety and compatibility with surrounding land uses, additional conditions will also be recommended such as: no animals shall be released on the subject site or within the surrounding area; animal waste shall be removed daily in a lawful manner; all animals shall be properly and humanely contained either in the building or within the fenced-in areas; animals shall not be allowed to roam freely out of these structures at any time; and, all mammals kept onsite shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. Based on the considerations above, Staff finds this to be an acceptable use and recommends approval of the request subject to the conditions below. Recommended Conditions 1. No animals shall be released on the subject site or within the surrounding area. 2. Animal waste shall be removed daily in a lawful manner. 3. All animals shall be properly and humanely contained either in the building or within the fenced-in areas. Animals shall not be allowed to roam freely out of these structures at any time. If any animal does escape,the City of Virginia Beach Animal Control Department shall be notified immediately. 4. All mammals kept onsite shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. 5. Consistent with the existing Navy restrictive easement on the site, no minks shall be kept on site. 6. Consistent with the requirements of Section 1800 of the Zoning Ordinance, no livestock farming or animal breeding shall occur on the site. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code,including those administered by the Deportment of Planning/Development Services Center and Deportment of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy,ore required before any uses allowed by this Use Permit ore valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Deportment for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. The Bunny Hutch, Inc. Agenda Item 11 Page 4 Site Layout Jensen Drive • Subject Building C ' i Outdoor Fenced Area The Bunny Hutch, Inc. Agenda Item 11 Page 5 Site Photos "' ' „.., 'NSW r"' *".*4-1.'ip • ' ''':'' : " ". 1.1. .,.. .,--...1/ . '. ..- .. . .. ‘' • ,‘.... • - 7':-..„...:1- 4::171:•4 ...0 ' I , ..< .:,_. ••••., .1.- s 0111 •7 li • '• ••..,....' . '• • - .. 't' ., ,itI P. -\ Abs IP . J rpp,„ le ..--• ilill0 : .- -,) r :erSi.....o • • of Noy --• - iii oit\T ' - ----\:,, ..,_-, • - '-_e,ci ,• - 4*--. . - - •• , ,, '- . '' -:-.--,' - ... ,,,.„- --. ,.-, iv; , 4r ' 4-1 .. - F''''', .,•I _ ..- ak "'-' .If l I NI *1 - I 1 k... a - ii- .t.• ‘,....1.-. ... , -, k. ' / -, . - ,- - •ri - . The Bunny Hutch, Inc. Agenda Item 11 Page 6 Disclosure Statement 1/13 Virginia Beach APPLICANT'S NAME The Bunny Hutch 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 Chan es Eace•tion for (EDIP) _ g Board of Zoning - A. •eats 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 Permi j 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 - Coat v L9r.os:Yi ., 0L veeekc.1.III it) Page l of 7 Pi . yt . tuna Ic vCouncil umet l wn y.'•1 PPL CAM NOHIILD OF fEARIAC (� ocwncE so= ate 2/j(/ I7 , JimmY McNamara f RP ¢(OrvsSINEW'rED O,Tr The Bunny Hutch,Inc. Agenda Item 11 Page 7 Disclosure Statement Virginia Beach rl Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Xi Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name The Bunny Hutch Inc. If an Lit, list all member's names: N/A If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Dr.Angela Maxwell(Director) Janine Kafourous-Bartling (President) Travis Bantling(Director of Accounting) Sonya Marker(Vice President) Emily Brooks(Secretary) Josh Marker(Historian) Ashley Kale(Member) (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 e a SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. IX Check here if the PROPERTYOWNER Is NOT a corporation, partnership, firm, business,or other unincorporated organization. n Check here if the PROPERTY OWNER/4 a corporation, partnership, firm, business, or other unincorporated organization,AND THEN complete the following. (A) List the Property Owner's name:Justin M. Faille If an LLC, list the member's names:N/A Page 2 of 7 The Bunny Hutch, Inc. Agenda Item 11 Page 8 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) N/A (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) N/A 'Parent-subsidiary relationship" means 'a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship' means 'a relationship, other than parent-subsidiary business en, that exists when (I)one business entity has a controlling ownership ownin interest inr the other business entity, (ii)a controlling rec in one entity n ea a controlling ing owner the other entity,bor e ph) idere Issharedmanagementthe or of between the bubusiness entities. Factors that should be considered n dualti the existencears an affiliatednornets entityoes;relationship includee that or 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§ 22-31 01. a e SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the alanliratlon or Ache business operatina 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 EPERATELV Page 3 of The Bunny Hutch, Inc. Agenda Item 11 Page 9 Disclosure Statement APPLICANT Virgin VEST �Ol SERVICE 1 PROVIDER fuse additional sheets it needed) nn Accounting and/or preparer of N/A your tax return n V Architect/Landscape Architect/ N/A L� Land Planner �, Contract Purchaser(if other than N/A nu the Apolicar n- identify purchaser and purchasers service providers Any other pending or proposed N/A purchaser of the subject property (identify purchaser(sl and purchaser's service providers) ❑ Construction Contractors N/A IX! Engineers/Surveyors/Agents N/A Financing(include current N/A n n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) XLegal Services N/A Real Estate Brokers/ N/A mAgents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n " 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 The Bunny Hutch, Inc. Agenda Item 11 Page 10 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this n. APnI Icatio / Dr.Angela Maxwell �+. ' I GN SIGNATURE PRINT NAME DATFt E/ t Page 5 of The Bunny Hutch,Inc. Agenda Item 11 Page 11 Disclosure Statement OWNER Virgin YES NO SERVICE PROVIDER muaddhiona shensu needed)._ 7 Accounting and/or preparer of N/A your tax return 0 NI Architect/Landscape Architect/ N/A Land Planner ❑ Contract Purchaser(jf other than N/A the Aoolicant)-identify purchaser and purchaser's service providers Any other pending or proposed N/A flI\/ purchaser of the subject property/� (Identify purchaser(s)and purchaser's service providers) n ❑X Construction Contractors N/A Engineers/Surveyors/Agents N/A Financing(include current 'N/A C mortgage holders and lenders It selected or being considered to provide financing for acquisition or construction of the property) Legal n —i_ Services N/A Real Estate Brokers/ N/A I"'1 1V Agents/Realtors for current and I I Id anticipated future sales of the sub ect •roperty a 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? N/A Page 6 of 7 The Bunny Hutch, Inc. Agenda Item 11 Page 12 Disclosure Statement 113 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. 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._. Justin M. Failla 15 Sep 16 PROPERWV OWNER'S SICNATURf PRINT NAME DATE Page 7 of 7 The Bunny Hutch, Inc. Agenda Item 11 Page 13 Item#8 The Bunny Hutch, Inc. Conditional Use Permit 1165 Jensen Drive District 6 Beach January 13, 2017 CONSENT An application of The Bunny Hutch, Inc. for a Conditional Use Permit(Wildlife Rehabilitation Facility)on property located at 1165 Jensen Drive, District 6, Beach. GPIN: 2417-43-4300-0000. CONDITIONS 1. The applicant shall comply with all of the provisions of Section 242.4 of the City Zoning Ordinance pertaining to a Wildlife Rehabilitation Center. 2. Prior to the operation of the site as a Wildlife Rehabilitation Center,the applicant shall obtain and maintain a Category III Animal Wildlife Rehabilitator license from the Virginia Department of Game and Inland Fisheries. 3. No animals shall be released on the subject site or within the surrounding area. 4. Animal waste shall be removed daily in a lawful manner. 5. All animals shall be properly and humanely contained either in the building or within the fenced-in areas. Animals shall not be allowed to roam freely out of these structures at any time. If any animal does escape,the City of Virginia Beach Animal Control Department shall be notified immediately. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item 8. AVE9 NAVO 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 S for consent. The applicant Angela Maxwell appeared before the Commission. Item #8 The Bunny Hutch, Inc. Conditional Use Permit 1165 Jensen Drive District 6 Beach January 13, 2017 CONSENT An application of The Bunny Hutch, Inc. for a Conditional Use Permit(Wildlife Rehabilitation Facility)on property located at 1165 Jensen Drive, District 6, Beach. GPIN: 2417-43-4300-0000. CONDITIONS 1. The applicant shall comply with all of the provisions of Section 242.4 of the City Zoning Ordinance pertaining to a Wildlife Rehabilitation Center. 2. Prior to the operation of the site as a Wildlife Rehabilitation Center,the applicant shall obtain and maintain a Category III Animal Wildlife Rehabilitator license from the Virginia Department of Game and Inland Fisheries. 3. No animals shall be released on the subject site or within the surrounding area. 4. Animal waste shall be removed daily in a lawful manner. 5. All animals shall be properly and humanely contained either in the building or within the fenced-in areas. Animals shall not be allowed to roam freely out of these structures at any time. If any animal does escape,the City of Virginia Beach Animal Control Department shall be notified immediately. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item 8. 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 S for consent. The applicant Angela Maxwell appeared before the Commission. Item#11 The Bunny Hutch, Inc. Conditional Use Permit Animal Shelter 1165 Jensen Drive District 6 Beach March 8, 2017 REGULAR Karen Kwasny: This is agenda item 11. It is an application of the Bunny Hutch for a Conditional Use Permit for an Animal Shelter on property located at 1165 Jensen Drive, District 6, Beach. We have two members in our audience in opposition. Mr. George Minns is our first speaker. Bob Thornton: We have to hear from the applicant first. Karen Kwasny: Forgive me everyone. Sorry. Would the applicant like to come up and speak? Angela Maxwell: I apologize enough for my appearance. Hello is Dr. Angela Maxwell. I've been up all night with a turtle who has a bilateral prolapse of his eyes,so I have been treating him all night long. His eyes have to be misted quite often during the night,so I smell too. I run the Bunny Hutch Boutique and Exotic Rescue. We're the only one of our kind in existence in the United States. My family has been involved with philanthropic efforts publically in the UK and internationally since the 1200s. I'm a retired Pathologist and disabled combat veteran.Our rescue follows guidelines and stipulations that are set out by the Association of Zoos and Aquarium,that govern zoos, whose standards are probably exponentially higher than the animal care center around the corner from us. Part of our protocol, is beta testing everything that we do to include the escape drills that are required. Those are only required annually. Everything the AZA stipulates that is required is annually we do quarterly. Everything the AZA stipulates that is done monthly,we do weekly. Our protocol is from top to bottom daily including redundancy checks and sanitization of the facility from floor to ceiling. We require a 10%bleach solution or a similar solution of those that are utilized in hospitals. We have an intern programs from William and Mary through NC State to help train pre-veterinary students and we're also going to be working with ODU to help them expand their pre-veterinary program because we only do exotics, not cats and dogs. So, primarily pocket pets, but we also have a professional zoo keeper husbandry program that works with those exotics that people are legal to own throughout the State,that we feel, as professional experts, and we were founded by six zoo keepers.We have an annual Board meeting. We verify and test everything with zoos throughout the world. I'm also a former non-profit consultant, since I retired from the military, Professor at Austin PC State University before we PC's here. My husband just retried. I live in Newport News. The facility is on Jensen. We have been in existence for quite sometimes because even though we call USDA, U.S. Fish and Wildlife, Inland Game,and anyone else who will listen every time we get a new breed or species, everyone kept telling me that we didn't have to have any permits because we didn't have dogs or cats,just because an animal is an exotic animal,which includes,Guinee pigs, hamsters,chinchillas,ferrets, snakes of all species, lizards or all species, tarantulas. Nobody thought we had to be regulated because it wasn't dogs and cats,even though ferrets and any Condi verse pocket pets have to get rabies, parvo, and distemper. That is not a criteria at the current SPCA level, it is a criterial and a part of my triage, and in take process,for both the exotics and previously any Item#11 The Bunny Hutch, Inc. Page 2 wildlife that we had taken in underneath someone else's permits previously. The Department of Inland Game and USDA have taken pictures of our facility and,which to utilize them in slide shows,to be able to show other home rehabbers and other agencies the standard of care that can be implemented on a daily basis easily to them. Bob Thornton: Thank you.Are there any questions? Jeff Hodgson: Do you have any venomous? Angela Maxwell: No, we will never handle it at this point and until we get acres upon acres. We will never handle any venemous even though they are allowed in the City of Virginia Beach to be privately owned, which horrifies me, nor will we ever handle non-human primates. I don't have a Primatologist. Jeff Hodgson: Okay. Thank you. Bob Thornton: Questions?Thank you. Don Horsley: You said you live in Newport News and the facility is here? Angela Maxwell: Yes. Don Horsley: Do you have somebody that stays on duty all the time there? Angela Maxwell: Yes. We have someone. It is part of the second year program. The program that we have that trains professional zoo keepers,and in fact,we have 100%higher rate to DCA credited facilities.Someone,or myself, pull shifts. I would never ever have anybody do something that I wasn't willing to do so. Someone is on property 24 hours a day. If, I,or if is it one of the interns, but we have never had any issue. Mainly it is for security.The animals that we take in that are surrenders are often very coveted on the black market. We have a Rhino Rat snake, Princes Penelope,who was mentioned in the Pilot article about the facility, who was smuggled out of Vietnam. She was on the black market because she is a wild cotton non venomous rhino rat snake. She is worth$18,000. The only people who have approached us about adopting her are those people who are breeders, and we don't allow that under any circumstances. Jack Wall: You haven't had any problems with animal escapees? Angela Maxwell: Oh no. We utilize either an intern dressed in a costume or we also have Rumba,who has escaped. We have the same protocol the zoo has compartmentation in regard to protocols of interior. All of our animals have cages that are inside the facility because it is primarily pocket pets even though our mascot all of which my boss,you have met, is included in the pocket pet category at 25 pounds. He is compartmentalized and is my ESA animal as well. In our classroom and exercise yard has secondary protocol gatement. Bob Thornton: I have a quick question for you. When you're finished these and need to move them on do you send them to zoos? Item#11 The Bunny Hutch, Inc. Page 3 Angela Maxwell: There are two routes. Those animals in reference Burmese Python that we had rescued that was from a drug bust in Manassas was 18 feet long. And we don't feel as professionals that in individual who does not have a degree in Zoology. I'm a Pathologist. My background is elephants. I grew up in Africa and have worked with and rehabilitated everything to elephants,the largest land faced creature. Those are trained to go to educational departments in zoos and not exhibit animals. So their standard of protocol is much higher. They are utilized to engage the public at zoological entities to be able to show how majestic these creatures are but how it really shouldn't be owned in a private sector. I've worked with Inland Game and Fisheries reportedly to try and get stronger regulations for exotic pet ownership, much to the dismay of the breeders because we just don't feel,even though it is your right as an American to own anything you wish that's legal in your state. There is just too many things that we've seen because reptiles have undetermined growth.So,that's why its life span predicates how big it will get. Burmese Pythons in captivity, in zoological care,there life span is twice of that what it is in the wild.So,you can have a 30 year old Burmese Python that can reach 25 feet.So,they go to zoos. Those pocket pets that are legal in the City and they're different cities and counties, in this area in Hampton Roads that have different things like chickens. You can have up to six hens in Newport News as long as their structure is 50 feet from your building or any neighbors building. I have a small chicken coop.That is where a lot of the chickens go that we rescue because we rescue things that are suburban chickens that are construed as barn animals. Those go to a specific home if it is legal. I perform home visits even on the animals that live in tanks. The tank inhabitants still get a home visit and every animal that is adopted out from us does. Also, it includes with the adoption package,a cage that limits the ability for the ability for the animal to be able to escape. Because I'm British American from UK, we have minimal guidelines for feet per square inch that even a Guinee pig has to be confined in, so we follow those guidelines, which is generally twice the size that people think an animal needs. Bob Thornton: Thank you. Now we hear from the opposition. Karen Kwasny: We have two members of the audience in opposition to this application.The first is E. George Minns. E.George Minns: My God. I'll tell you. Good evening to everyone. I had one feeling when I came down here and I'm a little complexed with this thing now. But at any rate, I'll pass around. I think there is enough for everyone. My number one problem with this is.... Ed Weeden:Can you identify yourself for the record? E. George Minns: E.George Minns, President of the Seatack Community Civic League. Excuse me. What I passed out is a copy of State Code regarding private animal shelter,and I would ask the Commission to look at page 2, or whatever it is, highlighted in terms of animal shelter and this made part of the record, if you would? It is the position of our Board and this matter has been discussed by the Board, and we would ask that this be denied or kind or alternatively deferred. For the reason is we didn't know about the place being over there. When it comes to wild and exotic animals, I hear all the distinguished operator has said,with much respect for her level of expertise as it relates to wild and exotic animals. But at the same time, in as much as in incident may not have occurred so far,that doesn't mean something is not going to happen, and the thing that hit us number one there was no notice to the community. Number two it is so close to recreation center where the children play. And God forbid if anything does happen where something gets out we would have some concerns. Fortunately at the Item#11 The Bunny Hutch, Inc. Page 4 time this was discussed at the civic league meeting,the Commander of the Second Precinct was there and he then informed the citizens that they would not call the police for a wild or exotic animal. They would have to call animal control which would obviously create some more confusion in terms of how do you contact them as opposed to the police. But number one is which has happened twice in Seatack in recent,wherein when something is going on with a Change of Zoning, but the lot or facility is located down at dead end, so you don't see the sign on the street. And in this case, I think the sign is at the property, but the property is up in a commercial park where none of the residents normally would go. I happen to notice it on the agenda at that's what drew my attention. But at this time,the community having not known anything about it is very uneasy about it. I noticed they did mention that they have met with staff, and that the applicant and staff had met with the Navy. I noticed how it's colorized in the report. It just references okay to the left and the right as industrial, industrial, industrial,the recreation center. It just absolutely disregards the fact that it is in a residential community. And, this is not very well setting when you. It's like one community is treated one way. Community means one thing. And it is important to let them know stuff, but then when Seatack, will repeatedly at the end we don't know anything. The Navy doesn't live in Seatack. We do. And anywhere wild and exotic animals, no matter how well kept, no matter how professional,there is a concern. I know something I reviewed regardless because I never knew anything about wild animals that says something when these are animals are brought into the Commonwealth are supposed to be registered or something as to,and I would assume having now heard the distinguished lady, they probably met those regulations. But at any rate, it is very uncomfortable with the fact that they didn't know anything and I don't know if you can do something in the future that when the place is located down a street where there is not going to be much traffic,that something be out on the main area where people would drive or otherwise they won't even know what's even going on. With that said, and I noticed it was talking about the cage and a room, but this property is not fenced it. I went out and looked at the property. I,at least did the degree of due diligence that I could do. I didn't know anything about wild and exotic animals,so I had to look it up. I went out there and looked at the place,and yes you got the building, but if a cage door is open or if a room door is open,the rest is open. There is nothing else secure or anything. But, I think it would help that over all with the community,they had some understanding of it as myself,just sitting there listening to her. It put me in a little in-balance in terms of what I thought in the beginning. All I saw was words, wild and exotic. And, then I looked on their website and it said something about it started from a snake. But at any rate, anytime,something like this is coming in a residential community,and I think it is absurd to just make the decision of who was notified based on the lot next to it as industrial. The one is industrial. This is industrial.The community should be the governing factor. I know somewhere in the Staff report, I read about it being compatible with the community. How are they going to be compatible with the community when nobody notifies the community? And that is why we strive so hard to be a Suburban Focus Area or to get some level of control of what is coming upon us. Everything is coming from the outside in before the inside can even do anything to preserve itself. Are there any questions? Thank you. Karen Kwasny: Our next speaker on this application is Andrew Jackson in opposition. Andrew Jackson: To the Chair,Vice and Commission Members. Good afternoon. I am Andrew Jackson. I am a Chair of the African American Leadership Forum and look at petitions all over. I am also a combat veteran,from Korea to the end of Vietnam. One of the things that I think probably is more meaningful to me is I spent time fighting for the things that we call freedom and democracy. That brings me to this neighborhood. I personally,along with other folks,spent a lot of time over the last year trying to do Item#11 The Bunny Hutch, Inc. Page 5 everything possible to preserve the integrity of the neighborhood that is of a historical significance. I believe that,and I was kind of bewildered in terms of looking at this information here, exotic and wild animals. One of the things that I noticed and the young lady speaking was their drills. So if something does escape, which means there is an "if'that would mean that it is possible. That would mean it is possible for some animal or whatever type, snake,whatever, it doesn't make any difference to get free. That also means that in a residential area you have something running loose free. I don't' care if it is poisonous or not. I've seen enough snakes in my time. I don't ask the snake whether it is poisonous. I get away from the snake. And in a residential area like this where you have both elders and young folks. That is devastating. And everything that I've read is it recommend everywhere that you do not have exotic or wild animals within a residential area. Everything I've read. The other part of this is it seems like, I almost want to call Seatack,Trashmore III because it just seems like anything that no one else wants any place else,we'll just send it to Seatack. I don't understand that. It is a residential area and I would bet anything that if I ask each one of you here,would you like that next door to you? I don't think I wouldn't get a whole lot of yeses. So I guess I am saying I understand that everybody has their wants and likes and things they like to do but the place ought to be appropriate. It ought to be appropriately done in a place that does not limit or sacrifice somebody else's well-being. A residential place that you live, where you grow up.Your kids grew up here. Your grandparents grew up ought to be some place where you feel comfortable. And some of those folks now don't feel comfortable because they don't know what is going to come upon them. I would just ask this Commission to think about what you would want in your neighborhood or next door to you or what might possibly be loose if your kids,or grand kids or your parents,or someone else walks outdoors and there is snake or whatever. Would you feel comfortable with that in your neighborhood? That's the question. This is a neighborhood. It ought to be preserved, as such,and we went through a lot of process to make sure that would happen. So, I would ask you to keep that in mind.Thank you. Bob Thornton: Thank you Mr.Jackson. Dr. Maxwell,would you like to come back and take a minute for rebuttal? Angela Maxwell: Dr.Angela Maxwell. I have to say that again.Sorry. So,to address the first gentleman's concern, not only is our name on the marquee, which is on the street,we had a grand opening that was only for all of the neighbors. Myself, and one of our family volunteers took a flyer to every person on Jensen Drive,and adjoining Birdneck areas to include the three homes right out on Birdneck, and invited them all to come and in fact,our facility is the only facility in the world that is set up based on the standards of the zoo but it has absolutely no area where a guest cannot go. You can see how our protocols are implemented. We went to Seatack, and in fact, all of the community centers throughout Hampton Roads are provided free aftercare programs with, who is my boss is now the largest animal celebrity in Hampton Roads since a dog shaved like a lion got arrested. And, we provide to low income neighborhoods and green space with our 32-foot mobile outreach unit,free program in both green spaces and all community centers. We notified Seatack and invited them to come,and that was in September of 2016,and no one ever has ever come by. The second impact they posted the flyer in the community center because we are a non-profit. The second gentleman that is prejudice that we face as people who own what is construed as non-traditional pets. USDA classifies them as exotic. These are not animals that are illegally smuggled in to the country. These are animals that are purchased every day at the expos that are at the Convention Center at Hampton Road.They all have them throughout the United States. It is hard not to get agitated because the traditional pet is a dog Item#11 The Bunny Hutch, Inc. Page 6 and cat. Exotics,which is a classification from USDA,as that is not a phrase we came up with. I only represent 10 percent of animals in households but to that 10 percent. Bob Thornton: Give us a quick wind up and that little red blinking light is on. Then we'll close the hearing and discuss it among ourselves. Angela Maxwell: Sunny,the red Panda is terminally at large and I was one of the people who recommended to the zoo to be able to have that not happen again. It has happened five times. That is definitely.The Virginia Zoo is located in a heavily dense suburban neighborhood. We are not. And in fact, as a non-profit inspector, my attention to detail and diligence has stopped these things from happening if the facility's listen. Sorry, I talked a lot. Bob Thornton:Thank you. Angela Maxwell: I provide free programs to Seatack after care program of they ever ask. I do every community center. Bob Thornton: Thank you. David? Angela Maxwell::We signed December, not this last year, but the previous year but because of the building's condition, it took us$10,000,which the landlord never reimbursed use as instructed so we've been open, and have been seeing animals since May 12, 2016. Bob Thornton: Mike? Mike Inman: How many square feet do you occupy? Angela Maxwell: 1,865 currently. But the whole entire second floor is a little activity room and it is where the volunteers have their break room and little human kitchen. We don't have any paid employees. It is all volunteers and interns. No one is paid. Jack Wall: How did you choose that site on Jensen Drive? Angela Maxwell: It was a site where we could get the proper zoning and they would rent to us. The prejudice against exotic animals is pretty substantial but the standards that we follow,we literally open this small facility as a beta test to show people the standards that you can implement any type of pet you wish to own and I welcome any one on the Planning Commission to come to the facility any time. Bob Thornton: Dee? Dee Oliver: You might have said it and I might have missed it. How many animals do you currently have? Angela Maxwell: Right now, because we're primary education. We're really not what a traditional rescue. I think we've got maybe 10 all total between all species. If I was to include junior in everything? Dee Oliver: He's the rabbit? Item#11 The Bunny Hutch, Inc. Page 7 Angela Maxwell: Yeah. Junior is my boss. We'll be on Coastal Live March 6`"at 10:00 am. Please turn in to Channel 3. My boss is personal ESA and he goes wherever I go. So,when I go back and forth to work, he goes with me. Bob Thornton: Is there anybody else? Okay. Thank you. With that, I would lie to close the public hearing and open a discussion up among the Commissioners. Jeff? Jeff Hodgson: After hearing you,and I'm sitting here trying to figure out a reason why not to vote for this, and I cannot come up with one. The chance of a cage does get open and one of the frogs hop out or a turtle crawls out or a chinchilla climbs out,the chances of it going to the Seatack Recreation Center or to house and mauling somebody, I think is very low. You have no venomous animals or reptiles. There are probably more copperheads and water moccasins behind the property then anything that you would have in there. I think that is something that the residents should be more concerned about than a non-venomous rat snake. So, I make a motion to approve this application. Bob Thornton: Mike? Mike Inman: I would like to say that we are very fortunate to have this operation in our community. I mean with all the outreach they are doing and the schools and providing internships and is obviously a pretty safe environment. The conditions don't allow animals to be released on the subject site or within the surrounding area. And it is in an industrial area. It is pretty much removed from any residential. It is totally industrial if you look Google maps,you can see where it is situated. It looks like pretty ideal location,very small as well, 1,800 square feet. It looks like a great application to me. Bob Thornton: Did you second the motion? Mike Inman: I'll second it. Ron Ripley: I made the second. Bob Thornton: A motion made by Jeff Hodgson and seconded by Ron Ripley to approve item 11. AYE 10 NAY O ABS O ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON AYE WALL AYE Item#11 The Bunny Hutch, Inc. Page 8 WEINER AYE Ed Weeden: By a vote of 10-0, the Commission has approved the application of the Bunny Hutch, Inc. Bob Thornton: Thank you for attending the meeting today. And with that,we will adjourn the February meeting. I, ',1 I 1 ..".'"I''' \..1 ' 1 1 ` \ \II\I - 11' 1,',ti 1 1 �, '1 }Y -4:4-16I , ' IX - o ...____, ... .. .. , .. , .. to ip j PacIttc „,- '\ \ 7\N\.' . '''^' '''' - (I '� 5 _\_:...).1 . .) . „ .._ ,,.____ III - _ _ 1, Y4., _ _ • _ ,, I ,1 • , \ , . ,.L,..,......,,,. , ,, ti ,� 15 \\.„.....:...,, , .. 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COUNCIL DISTRICT— BEACH MEETING DATE: March 7, 2017 • Background: Existing on the site is an 8,330 square-foot building that was constructed prior to 1960. The building was previously used as a U.S Postal Office; however, the site has been most recently used as a CrossFit gym. The applicant requests a Conditional Use Permit in order to renovate the building and operate a Craft Brewery. As part of the proposed 5,000 square-foot tasting room, the applicant would also like the ability to also prepare and serve food. The covered loading dock is proposed to be renovated into an outdoor seating area. This area will be a one-story, 1,500 square-foot space, but could ultimately be two-stories with up to 2,800 square feet. The front façade will be upgraded with a new canopy to shade the south-facing windows and to provide some protection from the weather for pedestrians as they enter and exit the building using the entry ramp and stairs. • Considerations: The applicant has presented details of the operation to the Planning and Development Review Committee (PDRC) of the Resort Advisory Commission (RAC) as well as to neighboring property and business owners. Staff is aware of parking concerns related to the operation of an 18-unit apartment complex to the north, which relies heavily on the availability of on-street parking. These apartments were built in 1955, prior to the current parking standards adopted as part of the City's Zoning Ordinance. The Planning Commission Vice Chair, SGA Staff, the applicant, and the concerned property owner met on-site to discuss the parking issues. While the proposal will meet the minimum parking requirements, Staff is committed to monitor the impact that patrons of this business will have on the availability of on-street parking. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. There were no speakers in opposition of the request at the Planning Commission public hearing. • 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 10-0, to recommend approval of this request. Smartmouth Brewing Co., LLC Page 2 of 3 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 exhibits and renderings. Said exhibits and renderings have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 2. A Landscape Plan shall be submitted for review and approval by the Development Services Center (DSC) Landscape Architect. The applicant shall work with the DSC Landscape Architect to determine the appropriate amount and species of plant material that shall be installed within the existing turf area so that the parking area is sufficiently shaded and screened. 3. The applicant shall coordinate with the Strategic Growth Areas Office and Traffic Engineering to sufficiently design and locate planters on-site and parallel with the southern property line in order to clearly prevent vehicular access from 32nd Street. Said planters shall be installed prior to issuance of a Certificate of Occupancy. Plant material within the planters shall be maintained at all times. 4. The occupancy load for the Craft Brewery shall be established by the City of Virginia Beach Building Official's Office, and a Certificate of Occupancy shall be obtained prior to operation of the Craft Brewery. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions of this Conditional Use Permit. 5. There shall be no sale or consumption of alcoholic beverages on the premises between 12:00 midnight and 10:00 a.m. 6. Unless otherwise approved under a Special Event permit, 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. 7. All signage shall comply with the Oceanfront Resort District Form-Based Code. 8. Preparing and serving food may take place as part of this proposed Craft Brewery Conditional Use Permit. 9. The applicant shall comply with all applicable parking requirements specified in Section 6.2 of the Oceanfront Resort District Form-Based Code and Section 203 of the City Zoning Ordinance. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Smartmouth Brewing Co., LLC Page 3 of 3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting D gency: Planning Departmery41 City Manage • p. Applicant Smartmouth Brewing Co., LLC Agenda Item Property Owner Runnymede Corp. Public Hearing February 8, 2017 9 ciryof City Council Election District Beach Virginia Beach Requests ot X,Pmec°'it 30,Ha"st"e Conditional Use Permit (Craft Brewery) i „m„a,ts";s`Fufeet �.0,"a let stre Staff Recommendation w,st`Qe st,eet Approval ,pro.. d"' ds"eet A' Y ' Staff Planner ewO o4o,� ,1Nowtet /j1 1. Kristine Gay 70-75d8DNL ?s 65-70 d8 DNL } Py.d Location "'"° ems"ee` c P„n 313 32nd Street a APZ2S t GPIN A rst^y ee e �,er f 2418928642 a lst�x"pe` i.Site Size ;a1 1llh Ha„stt eet 17th s"eea 30,000 square feet ss 17-h"```t AICUZ 70-75 dB DNL Existing Land Use and Zoning District Crossfit Gym /OR—Oceanfront Resort District ftit'T. -<-, ' ' r, . I. :,Ittli t_ (04 Surrounding Land Uses and Zoning Districts ,: t � North 1t i \ �0 -e a. . t �v ,y 33`d Street \ w. -��IMF : : C, ? 4'� Antique store/A-12, A-24 Apartment t ,,,,-...•'T , „A-it, t,'t ' c South . ,: t - .�L`- 4r., } , a 32nd Street • ;� i ” . .F 11 l-r tt►' Mixed-Use: apartments, retail, restaurants �' t ���r " /OR Oceanfront Resort , ' tt t -, r �•• et F." i 1 East „ '.;. c� H` ` er Strip shopping center /OR Oceanfront Resort f A l 04 ll West - Convenience Store /OR Oceanfront Resort �',- . $J ef'r `� q �"11C�/�- r06 j-i r� 1 1.. i 4.0 Smartmouth Brewing Co., LLC Agenda Item 9 Page 1 Background and Summary of Proposal • Existing on the site is an 8,330 square-foot building that was constructed prior to 1960. The building was previously used as a U.S Postal Office; however,the site has been most recently used as a CrossFit gym. • The building has a walkup entrance and four parking spaces along 32nd Street. At the center of the site, a covered loading dock extends off of the north facade of the building.To the north, off of 33rd Street, is the site's primary vehicular point of access, and 27 parking spaces • The applicant requests a Conditional Use Permit in order to renovate the building and operate a Craft Brewery. Approximately 5,000 square feet of the building will be dedicated to the tasting room. As part of the tasting room, the applicant would also like the ability to also prepare and serve food in conjunction with the craft brewery operation. The remaining 3,330 square feet will consist of space for the brewing equipment, restrooms, storage, coolers, and an office. The covered loading dock is proposed to be renovated into an outdoor seating area. This area will be a one-story, 1,500 square foot space, but could ultimately be two-stories with up to 2,800 square feet. • A small stage within the tasting room will provide a location for live acoustic music. As per Section 230 of the Zoning Ordinance, unless otherwise permitted through a Special Event Permit, live music will only be allowed inside the establishment when all the doors and windows are closed. • The front facade will be upgraded with a new canopy to shade the south-facing windows and to provide some protection from the weather for pedestrians as they enter and exit the building using the entry ramp and stairs. This canopy will be made of steel and natural hardwood. New stainless steel cable railing will be installed along the existing ramp. New landscaping and a monument-style sign are also proposed.The materials anticipated for the covered seating area on the north facade include fabric shades, translucent steel mesh, natural hardwood, and stainless steel cables. • The exhibit shows four existing nonconforming parking spaces on 32nd Street. Exiting these parking spaces requires that drivers reverse over the "sidewalk zone" and into 32"d Street. As part of site plan review, Public Works Traffic Engineering would typically require that the spaces be removed and that the curb cut be closed. Since the current proposal does not prompt site plan review, the applicant will instead provide moveable planters as vehicle barriers to clarify to the public that there is no customer parking off of 32nd Street within this area.These planters will help direct and protect pedestrians and will also serve as foundation landscaping that the site currently lacks. Bicycle parking will be provided in this area, as well as to the north of the building. • Landscaping to screen the parking lot will be provided in the existing space along 33rd Street. The quantity of plantings will exceed those required by code by approximately 200% in order to provide enhanced screening of the parking area for the residents to the north. As shown on the site exhibit, additional landscaping will be installed in the side yards to further screen the parking, provide shade, and soften the site. • It is anticipated that employees will be on-site as early as 5:00 a.m. On weekdays and in the morning hours, three to four employees will be on-site. On Friday and Saturday nights, approximately eight employees will be on-site. • The hours of operation of the tasting room are proposed as 11:00 a.m. to midnight. The applicant anticipates that the tasting room will consistently close earlier than midnight, but due to their plans to host private events and parties, the applicant would like the flexibility to keep the tasting room open until midnight. Smartmouth Brewing Co., LLC Agenda Item 9 Page 2 OR 1 �RT A-24 A Ste. __\ _ T1 — is ZoningHistory 70-76 d'ONL ., OR ,A-12 A-36 t OR # Request c 1 NON Approved 01/14/1997 n �t - 66-70 dB D ,f t i A A-24 7 A-12 to3z.32,416-S- (6.......t.. ` \, 1 OR OR 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 Resort Area Strategic Action Plan (RASAP), adopted in December, 2008, is the guiding planning policy for land use and development in the Oceanfront Resort District.The RASAP calls for a walkable mixture of land uses, improved transit and pedestrian connections between destinations, and a transition in use and the scale of buildings from the Resort Area to the adjacent neighborhoods. Natural and Cultural Resources Impacts There do not appear to be any significant natural or cultural resources associated with the site. Public Utility Impacts 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 Staff finds that the applicant's request for a Conditional Use Permit for a Craft Brewery is consistent with the goals of the RASAP and Oceanfront Resort District Form-Based Code. The exhibit shows four proposed parking spaces in the middle of the 33-foot wide drive aisle of the parking lot. This results in two remaining 12-foot wide drive aisles, which is not sufficient for maneuvering vehicles into and out of the 28 perimeter parking spaces.Accordingly, these five parking spaces will be not be permitted. Given that the existing drive Smartmouth Brewing Co., LLC Agenda Item 9 Page 3 aisle is 11-feet wider than required, the applicant should consider using compact parking spaces to add additional parking on-site. Parking for the proposed use can be met in accordance with the standards set forth in Section 6.2 of the Form-Based Code and Section 203 of the City Zoning Ordinance, and Staff recommends a condition as such. Overall, the proposal has been well-received and supported. The applicant has presented details of the operation to the Planning and Development Review Committee (PDRC) of the Resort Advisory Commission (RAC) as well as to neighboring property and business owners. Staff was made aware of one specific concern that customers of the proposed business will use the existing on-street parking spaces. The tenants of 18 apartment units to the north of the subject site rely on the availability of on-street parking and five parking spaces located on-site.These apartments were built in 1955, prior to the current parking standards adopted as part of the City's Zoning Ordinance.The five parking spaces on the apartment property do not meet the current minimum parking requirements for the apartment use; therefore,the existing on-street parking is important to these tenants and their guests. As a comparison, per current minimum standards, 23 parking spaces are required for these 18 apartment units. The Planning Commission Vice Chair, SGA Staff, the applicant, and the concerned property owner met on-site to discuss the parking issues. The neighborhood to the north is considered a "Protected District" by the Form-Based Code, because it is zoned Apartment and/or Residential District and is adjacent to the area zoned Oceanfront Resort District. The Form-Based Code calls for unique screening, setbacks, and review of certain uses on property within 100 feet of a protected district. This is to ensure that the uses in the higher-intensity Oceanfront Resort District do not disrupt the quality of life of the residents in the adjacent neighborhoods. While the proposal will meet the minimum parking requirements, Staff is committed to monitor the impact that patrons of this business will have on the availability of on-street parking, and will provide an update to the Planning Commission after the opening of the brewery. Staff recommends approval of the requested Conditional Use for a Craft Brewery 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 exhibits and renderings. Said exhibits and renderings have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 2. A Landscape Plan shall be submitted for review and approval by the Development Services Center(DSC) Landscape Architect. The applicant shall work with the DSC Landscape Architect to determine the appropriate amount and species of plant material that shall be installed within the existing turf area so that the parking area is sufficiently shaded and screened. 3. The applicant shall coordinate with the Strategic Growth Areas Office and Traffic Engineering to sufficiently design and locate planters on-site and parallel with the southern property line in order to clearly prevent vehicular access from 32nd Street. Said planters shall be installed prior to issuance of a Certificate of Occupancy. Plant material within the planters shall be maintained at all times. 4. The occupancy load for the Craft Brewery shall be established by the City of Virginia Beach Building Official's Office, and a Certificate of Occupancy shall be obtained prior to operation of the Craft Brewery. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions of this Conditional Use Permit. 5. There shall be no sale or consumption of alcoholic beverages on the premises between 12:00 midnight and 10:00 a.m. Smartmouth Brewing Co., LLC Agenda Item 9 Page 4 6. Unless otherwise approved under a Special Event permit, 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. 7. All signage shall comply with the Oceanfront Resort District Form-Based Code. 8. Preparing and serving food may take place as part of this proposed Craft Brewery Conditional Use Permit. 9. The applicant shall comply with all applicable parking requirements specified in Section 6.2 of the Oceanfront Resort District Form-Based Code and Section 203 of the City Zoning Ordinance. 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. Smartmouth Brewing Co., LLC Agenda Item 9 Page 5 Current Site Layout 33rd STREET ETD _ ^Y _ —5 A\\\ r> N O� R w o m nn —mc oc p in0.— T. _ oy= yZ » °cO n onp n 59 + ; ,s M O m L D ~ O< r _o $ t �\ n O y � \� my I z ;1' f PiN ~o a ■ •— m a a z �� L. m 9 p A� I� 4•5 n Z,m Q' �. I T. Pr , - _J m J '1'4' / J n 2 T. n 1 0 ~ IIID 32nd STREET Smartmouth Brewing Co., LLC Agenda Item 9 Page 6 Proposed Site Layout 33rd STREET --I' \0 — (1) . Z3 m Z 1T MDC .. v1MDC Dorvc usu Da1vL uLa '. r .o —Y F. r0 ;., Mn n j ri\\\\ - ',6. ' • . 0 11 f i __ to "I_ m>Ns IL^p" ' to w u S i c 1 '� iiQi ~ 0 , mi'IFl .� 1.Z.. ; (pi c,___Mr- - --' E. 3 Y•j 2 c t= c C o _ + oeuc a uu 1 ,-1 lAol 1•211 / 0 3 n O 0 � ,. D I as aaa� tTI.'., , . . il m� r I. 'Z.!, y� 1�L�y zg m ao it ° ^ zi i = = = ;. > s 3 i g Z /) \ i ti 11 •4'L � N 1 III 1 ; - 3 a - 7 -- T ' m Z -1 32nd STREET z Smartmouth Brewing Co., LLC Agenda Item 9 Page 7 Proposed Renderings 0.001. isms 444111 View from the southwest erf 41.1b 4111.1 View from the northwest Smartmouth Brewing Co., LLC Agenda Item 9 Page 8 Proposed Elevations -NEW CANOPY TO SHADE SOUTH- ' FACING WINDOW WALL&TO NEW ROOF OVER STAIR TO UPPER TERRACE NEW SIGN AT CANOPY PROTECT ENTRY RAMP AND GALVANIZED STEEL WITH MARINE COATING STAIRS GALVANIZED STEEL (DARK GRAY)6 NATURAL HARD WOOD ' NEW STAINLESS STEEL WITH MARINE COATING(DARK GRAY) CABLE RAIL GUARD RA!L AND NATURAL HARD WOOD AT EXISTING RAMP • I=Mill 1111111.1.1. eallil OM ams imi r . . 'MIMI NM elljz.-...-_„_. . tet_—r--r-- ., •�..�_®r um.... • NEW COVERED STEPS ANL) 141111i . _ - LANDING TO ENTRY _ NEWMONUMENT SIGN - NEW LANDSCAPING wallit 11 rii/iiiiiii/iiiii in • • South Facade, Pedestrian Entrance—View from 32nd Street NEW ROOF OVER STAIR TO UPPER TERRACE ' GALVANIZED STEEL WITH MARINE COATING -UPPER TERRACE WITH (DARK GRAY)A NATURAL HARD WOOD SEATING AND FABRIC SHADE STAINLESS STEEL CABLE RAIL GUARD RAIL • • NEW WALL SIGN AI UPPER li TERRACE 1 1f:1 NEW ENCLOSURE AI WAST STAIRS TO UPPER it _ I - TERRACE:STAINLESS STEEL p1� • r. - MESH ON GALVANIZED STEEL 2� Italib.�. 4::I1.-- FRAME • AMIN=' -Z • 1 491011* NEW TREES c _ _ tL;. NEW LANDSCAPING ' • • • • • • NEW MONUMENT SIGN • North Facade, Vehicle Entrance—View from 33rd Street Smartmouth Brewing Co., LLC Agenda Item 9 Page 9 Site Photos \\ A EVOFIT a Or t -, :: ...tills. _....„,„„ Iii iii ,_ • _ ..... .. . .- .._ . . ..... 1 t , c _ -gl, • . Smartmouth Brewing Co., LLC Agenda Item 9 Page 10 Disclosure Statement vruaueed, APPLICANT'S NAME DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include,but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness 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 a The disclosures contained In this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. e SECTION 1 / APPLICANT DISCLOSURE Page l of ///L9 1.,1/c/ __ Carolyn Smith Smartmouth Brewing Co., LLC Agenda Item 9 Page 11 Disclosure Statement \113 Virginia Beech Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Smartmouth Brewing Co., LLC If an LLC, list all member's names: Porter Hardy IV.Christopher Neikirk, Clark Avery, Russ and Stacey Daustram,Colin Barton,Chris Burgess and Evans McMillian,John Lynch, Eliza Berkley,Thomas Minton. Brian Wynne,Timothy and Kelly Faulkner, Kramer Family Associates LLC, Mark D.Sweet 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) NA • • See next page for information pertaining to footnotesI 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. X 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. Runnymede Corp. If an LLC, list the member's names. Page 2 of 7 Smartmouth Brewing Co., LLC Agenda Item 9 Page 12 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees. etc. below. (Attach list if necessary) V, :'l 1 '. t 1r- :t . 1 _ � , t (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 "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 § 2.23101. 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, 1HI)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 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§ 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 Smartmouth Brewing Co., LLC Agenda Item 9 Page 13 Disclosure Statement i13 APPLICANT wrhYL YES NO SERVICE PROVIDER(use additional sheets if needed) X Accounting and/or preparer of Dixon, Hughes. Goodman your tax return X Architect/ Landscape Architect / Work Program Architects, Inc. Land Planner Contract Purchaser (if other than X the Aoolicant) - identify purchaser and purchaser's service providers Any other pending or proposed ri purchaser of the subject property (identify purchaser(s)and purchaser's service providers) X Construction Contractors X Engineers / Surveyors/Agents Financing (include current Towne Bank X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X Legal Services Williams Mullen Real Estate Brokers / Agents/Realtors for current and Harvey Lindsay anticipated future sales of the subject property a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official of employee of the City of Virginia Beach have X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Smartmouth Brewing Co., LLC Agenda Item 9 Page 14 • Disclosure Statement OWNER v;ginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) X Accounting and/or preparer of McPhillips. Roberts,and Dean your tax return X Architect / Landscape Architect / Land Planner Contract Purchaser(if other than ❑ X the Aoolirant)- 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 TBD X Engineers / Surveyors/Agents TBD Financing (include current ❑ X : mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X Legal Services Fine, Fine, Legund, McCracken Real Estate Brokers / X Agents/Realtors for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Smartmouth Brewing Co., LLC Agenda Item 9 Page 15 Disclosure Statement lB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate_ I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Porter Hardy IV 11/30/2016 APPLICANT'S SIGNATURE PRINT NAME DATE wI Might BM& 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. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE /4 4 Andrew S. Fine 1 Dec 2016 Smartmouth Brewing Co., LLC Agenda Item 9 Page 16 Item#9 Smartmouth Brewing Co., L.L.C. Conditional Use Permit 313 32n°Street District 6 Beach February 8, 2017 CONSENT An application of Smartmouth Brewing Co., L.L.C.for a Conditional Use Permit(Craft Brewery)on property located at 313 32od Street, District 6, Beach.GPIN: 2418-92-8642-0000. 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 exhibits and renderings. Said exhibits and renderings have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 2. A Landscape Plan shall be submitted for review and approval by the Development Services Center (DSC) Landscape Architect.The applicant shall work with the DSC Landscape Architect to determine the appropriate amount and species of plant material that shall be installed within the existing turf area so that the parking area is sufficiently shaded and screened. 3. The applicant shall coordinate with the Strategic Growth Areas Office and Traffic Engineering to sufficiently design and locate planters on-site and parallel with the southern property line in order to clearly prevent vehicular access from 32nd Street.Said planters shall be installed prior to issuance of a Certificate of Occupancy. Plant material within the planters shall be maintained at all times. 4. The occupancy load for the Craft Brewery shall be established by the City of Virginia Beach Building Official's Office,and a Certificate of Occupancy shall be obtained prior to operation of the Craft Brewery.Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions of this Conditional Use Permit. 5. There shall be no sale or consumption of alcoholic beverages on the premises between 12:00 midnight and 10:00 a.m. A motion was made by Commissioner Oliver and seconded by Commissioner Horsley to approve item 9. AYE9 NAVO ABS1 ABSENT 1 HODGSON ABS HORSLEY AYE INMAN AYE KWASNV AVE OLIVER AYE Item#9 Smartmouth Brewing Co., L.L.C. Page 2 REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON AYE WALL AYE WEINER AYE By a vote of 9-0-1,with the abstention so noted,the Commission approved item 9 for consent. The applicant Porter Hardy appeared before the Commission. -• ....a..-...-•-•... .....--. _ „ ----------,- _--_-,-,-- .,. ---. ........e.. ,.. ... . . ..% . , . .0. \ .., .. P 3 °I \k\ 0 ,----- -- 0 0. , \ 11149_,A - V ' - 0 11 0 .....,,_ . / I ELI 1=1' V' , X !Pi I •• , ..% , 4 • , .06,1,1 ' ,. .. .../ : , 0 \ v. \ -; rs . oisf°Ale, . -.' 7c— ei) ii\ Ps. . _ , , • _._/, '<' ey, illr ..,, .s.- ,,------\... ,, .,„•10 . T • ,.., \ \11 , . ,A7 <2:///c.. • ,v.i 0 / .\\ va, v...„-, T\ ) . ..'k\ . , 0 \ . , . . / ./ (7 a.. , . • . ,,. . . . ,. . -... ,..., . . . , ..„.., 7\ 'r ;; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MCDONALD GARDEN MARKET, LLC [Applicant] PMIG 1020, LLC [Property Owner] Conditional Use Permit(Open-Air Market)4664 Princess Anne Road (GPIN 1476431521). COUNCIL DISTRICT— KEMPSVILLE MEETING DATE: March 7, 2017 ■ Background: The subject site is vacant and was formerly an automobile service station. The applicant, McDonald's Garden Market, is seeking a Conditional Use Permit for an Open-Air Market in order to operate a 7,000 square-foot seasonal, temporary, retail garden market. • Considerations: In Staffs view, this request is a good re-use of the otherwise vacant site. Previously, a Peddler's Permit allowed the market to operate on this site, but as Peddlers' Permits are short-term, a Conditional Use Permit is required for a permanent operation, albeit seasonal. The applicant operates similar garden markets throughout 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 10-0, to recommend approval of this request. 1. The layout of the seasonal market shall be limited to 20,208 square feet and shall be located on the site in substantial conformance with the concept plan entitled, "Proposed Site Plan," prepared by McDonald Garden Market, dated 01/23/2017, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. As required by Section 239.03 of the Zoning Ordinance, there shall be no less than one (1) trash receptacle per one thousand (1,000) feet of sales area, all trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall be not be allowed to accumulate. 3. The Open-Air Market shall be limited to the operation between the months of March to August and shall be open seven days a week between 8:00 a.m. to 8:00 p.m. McDonald Garden Market, LLC Page 2 of 2 4. All signage on the site, including any signage or graphics on the fabric screen and fence, shall be in compliance with the sign regulations of the Zoning Ordinance, and shall be submitted to the Zoning Administrator for review prior to installation. 5. The applicant shall construct the shed/kiosk in accordance with the submitted Engineer's Report/ Certification Letter prepared by Gregory M. Gerling, P.E., and shall be presented to the Building Official's Office prior to issuance of a building permit. 6. Certification that the canopy design meets all applicable code requirements shall be submitted to the Building Official's Office, prior to the issuance of a building permit, by a professional engineer licensed by the Commonwealth of Virginia, or by any other professional deemed acceptable by the Building Official's Office. 7. If the parking spaces on the adjacent parcel are used in order to meet the minimum parking requirements set forth in the Zoning Ordinance, a shared parking requirement shall be recorded in conformance with Section 203 of the Zoning Ordinance. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. \` Submitting Depart, t gency: Planning Departme City Manager: t'�M/II �4 Applicant McDonald Garden Market, LLC Agenda Item Property Owner PMIG 1020, LLC Public Hearing February 8, 2017 1 0 cityof City Council Election District Kempsville Virginia Beach Request '�o ,F ct Conditional Use Permit (Open-Air Market) 4, oa 0, '',/•„ 9 n'�c`o +`pJs � .,4 .4 , a 0 �0, 1',/•„ V•01 'fes s . Staff Recommendation �e.4' ", eco.` 4 X90 Approval - r\ Staff Planner Robert Davis Location a: '` 1._ ,Q" 'a- 4664 Princess Anne Road x '4" 0."d °, GPIN ,,,,4.p, <-4 Roatl CyI,0 1476431521 1. Site Size a 20,208.15 square feet AICUZ Less than 65 dB DNL Existing Land Use and Zoning District Vacant/ PD-H1 Planned Unit Development • v \ ` i ,.. Surrounding Land Uses and Zoning Districts t'' ' . North �r 1 ..,;• ' • Mixed retail, restaurant/ PD-H1 Planned Unit ss t+►� 'q::: '' \` *`* •Development V 1 a ", South ... t., Princess Anne Road e >) ` Single-family dwellings/ PD-H1 Planned Unit _ /� i ::l0Pment _ _, - -f` ' = t, • �` ��_ O e' Green Meadows Drive Et# • Convenience Store/ PD-H1 Planned Unit ,.• '� Development 40 ' .v .'� West ; % Single-family dwellings/ PD-H1 Planned Unit s, ,• Development McDonald Garden Market, LLC Agenda Item 10 Page 1 Background and Summary of Proposal • The subject site is vacant and was formerly an automobile service station. • The applicant, McDonald's Garden Market, is seeking a Conditional Use Permit to operate a 7,000 square foot seasonal, temporary, retail garden market. • The temporary improvements include the assembly of shade canopies, a checkout kiosk, a split rail fence, and screening fabric. The market will be enclosed with the fence and the screen, which is a weather-proof fabric attached to poles mounted to the surface of the parking lot. • The market is proposed to operate from March 1St through July 31St, between the hours of 8:00 a.m. and 8:00 p.m., seven days a week. • The products offered for sale at the market include: annuals, perennials, trees, shrubs, garden supply items, garden accents, outdoor furniture, and planting containers. • At the end of each season, all merchandise and improvements will be removed from the property. • In accordance with Section 203 of the Zoning Ordinance, a 7,000 square foot Open-Air Market requires 28 parking spaces.The submitted layout depicts only eight spaces. It is the applicant's expectation that the property owner of this site will enter into a shared parking agreement with the property owner of the adjacent shopping center in order to comply with the minimum parking requirements of the Zoning Ordinance. �� � 1 / ,, Zoning History .' soi # Request ooga i� 1 CUP(Religious Use)Approved 04/10/2012 PI:141.. çPD41I R-10 \ \ r.:3.1-D-H1 ... 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 McDonald Garden Market, LLC Agenda Item 10 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan designates this area of the City as the "Suburban Area" and contains policies to guide and protect the overall character, economic value, and aesthetic quality of the stable neighborhoods in the Suburban Area. The Plan reinforces suburban characteristics of commercial centers and other non-residential areas that make-up part of the Suburban Area. Natural and Cultural Resources Impacts The site is located within the Southern Rivers watershed. There do not appear to be any significant natural resources or cultural features associated with the site. Public Utility Impacts Water & Sewer This site is currently connected to City water and sewer. No impacts to service are anticipated. Evaluation and Recommendation The seasonal use of this site for an Open Air Market is, in Staff's opinion, a good re-use of a former auto gasoline station that is otherwise a vacant site. Previously, a Peddler's Permit allowed the market to operate on this site, but as Peddlers' Permits are short-term, a Conditional Use Permit is required for a permanent operation, albeit seasonal. The applicant operates similar garden markets throughout Virginia Beach. The components of the markets are essentially the same: the installation of a shade structure, a sales kiosk/shed and low-height split-rail fence with fabric. As submitted with this request, the signage depicted on the fabric proposed to aid in screening the merchandise may exceed the City's sign regulations. Staff is recommending a condition that the sign and graphic information be submitted to the Zoning Administrator for review prior to installation of the fence to ensure consistency with the Zoning Ordinance. According to Traffic Engineer Staff, the requested use is not expected to negatively impact traffic flow along Princess Anne Road and Green Meadows Drive. Staff finds that the seasonal market is complementary to and compatible with the surrounding uses. The garden market is expected to generate less traffic than the former auto service station. Staff believes that the request is consistent with the recommendations in the Comprehensive Plan's land use policies for the Suburban Area, as it provides a temporary infill use of an otherwise vacant site, has limited environmental impacts, and will be an attractive display. Based on this, Staff recommends approval, subject to the conditions below. Recommended Conditions 1. The layout of the seasonal market shall be limited to 20,208 square feet and shall be located on the site in substantial conformance with the concept plan entitled, "Proposed Site Plan," prepared by McDonald Garden Market, dated 01/23/2017, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. As required by Section 239.03 of the Zoning Ordinance, there shall be no less than one (1)trash receptacle per one thousand (1,000) feet of sales area, all trash receptacles shall be emptied regularly so as not to overflow, McDonald Garden Market, LLC Agenda Item 10 Page 3 and litter and debris shall be not be allowed to accumulate. 3. The Open-Air Market shall be limited to the operation between the months of March to August and shall be open seven days a week between 8:00 a.m. to 8:00 p.m. 4. All signage on the site, including any signage or graphics on the fabric screen and fence, shall be in compliance with the sign regulations of the Zoning Ordinance, and shall be submitted to the Zoning Administrator for review prior to installation. S. The applicant shall construct the shed/kiosk in accordance with the submitted Engineer's Report/Certification Letter prepared by Gregory M. Gerling, P.E., and shall be presented to the Building Official's Office prior to issuance of a building permit. 6. Certification that the canopy design meets all applicable code requirements shall be submitted to the Building Official's Office, prior to the issuance of a building permit, by a professional engineer licensed by the Commonwealth of Virginia, or by any other professional deemed acceptable by the Building Official's Office. 7. If the parking spaces on the adjacent parcel are used in order to meet the minimum parking requirements set forth in the Zoning Ordinance, a shared parking requirement shall be recorded in conformance with Section 203 of the Zoning Ordinance. 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. McDonald Garden Market, LLC Agenda Item 10 Page 4 Proposed Site Layout Green M // eado tti priVe 4 1 ft a 111 I i gra ti . A \� Per, :4:j--1,11111411114111%* 111 0 / a n E Cm 6'a �� r) nd 8arri r ir Y Checkout r o ' Kiosk - --- 1 4- __ .,,,..___,... i . m / 6_ mo iii � o i � � 4/1/1 ---"- 'o N o i Parki .3c a � o c \ I d' C11 ``� � QiC o qd cras u) 2 � a \� N aitona/pa / \`�� \ N g Spaees` a / Off / A McDonald Garden Market, LLC Agenda Item 10 Page 5 Proposed Signage and Fencing i__ F 1 ii { 1 I 4 ,! < 1 r 14 �. ► 4 (#%.' j { ... 4 L I I I { • 1 • I H iiiitlj . McDonald Garden Market, LLC Agenda Item 10 Page 6 Proposed Signage and Graphics F & -E Yate eigbil t 8 Ikb6Es.wuLid t s E6 6€YE ani iia Ico SI / ill / till th it o- II I 1 O–¢ __ -� —r ' 0 0 y 1/T w R 1 Alro c ;+ 0 e ‘)) i c r - st, 0 0 T . • . I - o 0 \ C 0 b -� a 1m _ h .P ' j 1[p . a ' 4) o , 0 d0 10 I o 1 t / ,J } el '' `-'0 � I V v� tr, �11 8ti? ( ya S t gfiFn;q` I. 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Now,M ,a,D.a„ca,o SUM: 10'-0"x 16'-0" STRUCTURAL H9G'N®lS CPG CMG03.21.16 116 PI1 ELEVATIONS McDonald Garden Market, LLC Agenda Item 10 Page 8 Photographs of Typical Operation — . ... A • ,i. s: A ...,.... , III. IIIII .IIiii _ LI: 1.4•ii . • •• :ft Pl.n ..• - 1.• .."Ituu ....... " • " •• 7: •II . •is up . — 14. —.-- II 111 ma, eig . L L „„---------, .le .a ,• . , , . . • ..- ""---,....._ • `7"" OMNI II• .. --------,--4 ' ''- ..-' ' '• --' it, • . . _... ' *L. M •!I .-_M .. • HERBS • :IrC.Si.,it: ,•,,„- 1.,. S.". ,,...z,....'''..."‘,..; ..,.7..1'. ' 4:,.., - ., •i .., , ....., V ,-, . „it.. ___ Ei.k .-.. ......... . .a. ,... .. •• .. .. . . . ... . „, ... .. ...,,.. ...: ... :....., ,.. ::,..,...,..,- • . _.........;1 . ....___. ..... 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' • . -1.1 % . �4_.,. 11 7 7�•f1r+-.. i�N •vim`►'�� �• _ ,._ -.�::-_...- ... .-- . I.• %.-7-•%‘.4.4,... - . f :' • .y '4 :, "Mr"'v.... _ ____._ _ • • McDonald Garden Market, LLC Agenda Item 10 Page 10 Disclosure Statement VB Virginia Beach APPLICANT'S NAME McDonald Garden Market, 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 Anneals 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 i.. .... �. Page l of I' 2f/poi7 Robert Davis D McDonald Garden Market, LLC Agenda Item 10 Page 11 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:McDonald Garden Market, LLC If an LLC, list all member's names: Edward Mark Anderson- President Eddie Anderson -CEO Sara Anderson-VP/Secretary If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary r or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) McDonald Nurseries, Inc McDonald Nurseries of Virginia Beach, Inc McDonald Nurseries of Denbigh Inc and Chesapeake See next page for information pertaining to footnotesr and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner it different from Avalicant ❑ Check here if the PROPERTY OWNFR IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the PROPERTY OWNFR IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name:PMIG1020, LLC If an LLC, list the member's names:Abdolhossein Ejtemai, and Kian Investment LLC (owned by Mr. Ejtemai) Page 2 of 7 McDonald Garden Market, LLC Agenda Item 10 Page 12 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) PMIG1020, LLC is wholly owned by PMIG LLC Petroleum Marketing Investment Group, LLC(PMIG LLC) is owned 50/50 between Mr.Abdolhossein Ejtemai and Kian Investment LLC(which is 100% owned by Mr. Ejtemai) "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 corporator" See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (Ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities: See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELV Page 3 of 7 McDonald Garden Market, LLC Agenda Item 10 Page 13 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(useaddmonalsheersIf needed) ® ❑ Accounting and/or pre parer of IN HOUSE your tax return ® ❑ Architect/Landscape Architect/ IN HOUSE 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 Idcreation Studio Inc. 121 ❑ Engineers/Surveyors/Agents McPherson Design Group P.C. Financing (include current ❑ I mortgage holders and lenders selected or being considered to provide financing for acquisition � or construction of the property) lI I ® Legal Services Real Estate Brokers / ❑ " Agents/Realtors for current and anticipated future sales of the subject property e 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 McDonald Garden Market, LLC Agenda Item 10 Page 14 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two w ks prior to the Planning Commission, Council, VBDA meeting, or meeting anypblic body or committee in connection with this Ap I _ ✓ /t . -.N -6 /7 PRINTNAME DATE Page 5 of] McDonald Garden Market, LLC Agenda Item 10 Page 15 Disclosure Statement OWNER Vinginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ® Accounting and/or preparer of IN HOUSE your tax return ® ❑ Architect/Landscape Architect/ IN HOUSE Land Planner ❑ Contract Purchaser(if other than Sb,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) 171 ��� Construction Contractors rj Engineers/Surveyors/Agents Financing(include current Manufacturing and Traders Trust ▪ ❑ mortgage holders and lenders Company,Standard Insurance selected or being considered to Company provide financing for acquisition or construction of the property) I I ® Legal Services Real Estate Brokers / IN HOUSE ® ❑ 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 6 of 7 McDonald Garden Market, LLC Agenda Item 10 Page 16 Disclosure Statement Yv�u 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 Appy. _ f----\ Abdolhossein Ejtemai _. i6/7 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 McDonald Garden Market, LLC Agenda Item 10 Page 17 Item#10 McDonald Garden Market, L.L.C. Conditional Use Permit 4664 Princess Anne Road District 2 Kernpsville February 8, 2017 CONSENT An application of McDonald Garden Market, L.L.C.for a Conditional Use Permit(Open-Air Market)on property located at 4664 Princess Anne Road, District 2, Kempsville. GPIN: 1476-43-1521-0000. CONDITIONS 1. The layout of the seasonal market shall be limited to 20,208 square feet and shall be located on the site in substantial conformance with the concept plan entitled, "Proposed Site Plan," prepared by McDonald Garden Market, dated 01/23/2017,which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. As required by Section 239.03 of the Zoning Ordinance,there shall be no less than one(1)trash receptacle per one thousand (1,000)feet of sales area,all trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall be not be allowed to accumulate. 3. The Open-Air Market shall be limited to the operation between the months of March to August and shall be open seven days a week between 8:00 a.m.to 8:00 p.m. 4. All signage on the site, including any signage or graphics on the fabric screen and fence,shall be in compliance with the sign regulations of the Zoning Ordinance,and shall be submitted to the Zoning Administrator for review prior to installation. 5. The applicant shall construct the shed/kiosk in accordance with the submitted Engineers Report/ Certification Letter prepared by Gregory M. Gerling, P.E., and shall be presented to the Building Official's Office prior to issuance of a building permit. 6. Certification that the canopy design meets all applicable code requirements shall be submitted to the Building Official's Office, prior to the issuance of a building permit, by a professional engineer licensed by the Commonwealth of Virginia, or by any other professional deemed acceptable by the Building Official's Office. 7. If the parking spaces on the adjacent parcel are used in order to meet the minimum parking requirements set forth in the Zoning Ordinance, a shared parking requirement shall be recorded in conformance with Section 203 of the Zoning Ordinance. A motion was made by Commissioner Oliver and seconded by Commissioner Horsley to approve item 10. Item#10 McDonald Garden Market, L.L.C. Page 2 AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 10 for consent. The applicant Michael Westphal appeared before the Commission. t`, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - AN ORDINANCE TO AMEND SECTION 7.3.1 OF THE OCEANFRONT RESORT DISTRICT FORM-BASED CODE PERTAINING TO ALTERNATIVE COMPLIANCE FOR PARKING REQUIREMENTS MEETING DATE: March 7, 2017 • Background: This amendment to the Oceanfront Resort District Form-Based Code was indefinitely deferred by the City Council at the December 13, 2016 meeting in order to provide additional time for public review. Staff provided a briefing of the amendment at the January 26th Transportation Parking and Pedestrian Committee (TPPC) meeting. The TPPC Chair brought the amendment to the February 2nd Resort Advisory Commission (RAC) meeting. No objections were raised by either the TPPC or the RAC, and Staff is not aware of any opposition. When the Oceanfront Form-Based Code(FBC)was originally adopted in 2012,the parking requirements failed to specifically reference a section in the standard zoning code that allows reduced parking requirements to be administratively approved under certain conditions. This section is intended to avoid unnecessary parking requirements for small establishments in pedestrian-oriented areas where a substantial number of customers arrive by walking, biking or mass transit. The proposed amendment clarifies that this provision can also apply in the Oceanfront Resort District (ORD), just as it is available throughout the rest of the City. Specifically, the existing language in Section 7.3.1 of the FBC unintentionally conflicts with Section 203(b) (11) of the City Zoning Ordinance. Section 7.3.1 of the FBC currently allows for a reduced parking requirement with City Council approval, but does not address the administrative option provided in Section 203(b) (11) of the City Zoning Ordinance. Section 203(b) (11) is a City-wide provision that allows a reduced minimum parking requirement where a substantial number of patrons arrive by walking, bicycling, or mass transit. City of Virginia Beach Page 2 of 2 • Considerations: Without this amendment, in order to get approval for a reduced parking requirement, a small business establishment in the ORD must: 1. Submit a parking study prepared by a licensed engineer 2. Request a Special Exception for Alternative Compliance, a 3-4 month discretionary review process with no guarantee of approval. The time and expense required with this process often prohibits new businesses from seeking this approval, even in cases when the minimum parking requirement is obviously more than is necessary and providing the minimum parking is cost- prohibitive to starting the business. Further details pertaining to the amendment are provided in the attached Staff report. As noted above, there is no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. • Attachments: Staff Report Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting cepa -ent/Ag cy: Planning Department` j City Manage . WI 1 AN ORDINANCE TO AMEND SECTION 7.3.1 OF 2 THE OCEANFRONT RESORT DISTRICT FORM- 3 BASED CODE PERTAINING TO ALTERNATIVE 4 COMPLIANCE FOR PARKING REQUIREMENTS 5 6 Sections Amended: Oceanfront Resort District Form-Based 7 Code Section 7.3.1 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 That Section 7.3.1 of the Oceanfront Resort District Form-Based Code is hereby 16 amended and reordained, to read as follows: 17 18 Sec.7.3 Alternative Compliance 19 20 7.11 Applicability; Exceptions 21 22 A.This section sets forth the procedures and standards for Alternative Compliance 23 under which the City Council may grant special exceptions to allow the 24 development of new uses or structures, or additions to or alterations of existing 25 structures, that do not conform to the uses or forms of development otherwise 26 permitted under this Code, including the optional forms of development allowed by 27 this Code. 28 29 30 31 __ 32 :_ • .• : - :- _-- • _ - _ : • : • ' - - -: : _:: - : The minimum required 33 parking may be reduced in accordance with Section 203(b)(11) of the City Zoning 34 Ordinance. 35 36 •- • - . . - - - " =_ 37 - _ _ . .. : • .: - . . . . :: : 38 39 :. : • : • :: 40 : : .. , . 41 -. a _: • , . . , _ ..- .: _ ._ _ . . 42 . _ :. . .. 43 44 : :e.:- - - • - : . : - _ 45 - - - - - - - - 46 47 CITY ZONING ORDINANCE 48 49 Sec. 203. Off-street parking requirements. 50 51 52 53 (b) General standards. The following requirements shall apply to all off- 54 street parking spaces: 55 56 57 58 (11) The minimum required parking may be reduced upon the submittal 59 of a parking study to the zoning administrator that indicates a 60 substantial number of patrons of the use are pedestrian or arrive by 61 means of public transportation or by bicycle. The zoning 62 administrator shall determine the final parking ratio or reduction in 63 the minimum required parking. 64 65 COMMENTS 66 67 CZO Section 203(6)(11)is added for reference only. Adopted by the City Council of the City of Virginia Beach, Virginia on the day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ler. . A L ,, - -rry Fran enfield, Dire . B. Kay Wilson di eputy City Attorney Departme of Planning City Attorney's% ice CA13830 R-2 September 23, 2016 2 Applicam City of Virginia Beach Agr.,da iron, Public Hearing November 9, 2016 Oceanfront Resort District- Alternative Compliance for 14 r��,,,v Parking Requirements Virginia Beach Request An Ordinance to Amend Section 7.3.1 of the Oceanfront Resort District Form-Based Code pertaining to alternative compliance for parking requirements. Background and Summary of Request The current language in Section 7.3.1 of the Oceanfront Form-Based Code (FBC)unintentionally conflicts with Section 203(b)(11)of the City Zoning Ordinance(CZO). Section 203(b)(11) is a Citywide provision that allows a reduced minimum parking requirement where a substantial number of patrons arrive by walking, bicycling, or mass transit; it states: The minimum required parking may be reduced upon the submittal of a parking study to the zoning administrator that indicates a substantial number of patrons of the use are pedestrian or arrive by means of public transportation or by bicycle.The zoning administrator shall determine the final parking ratio or reduction in the minimum required parking. Section 7.3.1 of the Oceanfront Resort District Form-Based Code (FBC) currently allows for a reduced parking requirement with City Council approval, but does not address the administrative option provided in Section 203(6)(11) of the City Zoning Ordinance. Section 203(b)(11) requires a parking study to validate the applicability of the provision on a case-by-case basis and cannot be applied to residential uses in the Oceanfront Resort District.The parking criteria for residential uses is specifically codified in Section 6.2 of the Form-Based Code. Additionally,commercial and other non-residential uses that receive administrative approval for reduced parking may not participate in the Resort Parking Permit Program,which allows employees to park in areas otherwise restricted to residents during certain hours. City Council approval through Alternative Compliance will remain an option for establishments that do not qualify for reduced parking under Section 203(b)(11). Recommendation Amending Section 7.3.1,as provided below,will remedy a perceived conflict between the ORDFBC and the City Zoning Ordinance and allow pedestrian-supported establishments a simpler means of approval to decrease an unnecessary, costly and inefficient parking requirement when justified. In some cases,the time and expense of seeking City Council approval can prevent redevelopment in the areas of the Oceanfront that need it most. Both the Resort Area Strategic Action Plan (RASAP) and the Oceanfront Resort District Form-Based Code have identified the goal of creating pedestrian- friendly environments, and this provision will support that goal. Accordingly,Staff recommends approval of this amendment.The ordinance for City Council's consideration is included below. City of Virginia Beach Agenda Item 14 Page 1 Ordinance 1 AN ORDINANCE TO AMEND SECTION 7.3.1 OF 2 THE OCEANFRONT RESORT DISTRICT FORM- 3 BASED CODE PERTAINING TO ALTERNATIVE 4 COMPLIANCE FOR PARKING REQUIREMENTS 5 6 Sections Amended: Oceanfront Resort District Form-Based 7 Code Section 7.31 8 9 WHEREAS, the public necessity,convenience,general welfare and good zoning 10 practice so require: 11 12 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH,VIRGINIA: 14 15 That Section 7.3.1 of the Oceanfront Resort District Form-Based Code is hereby 16 amended and reordained,to read as follows: 17 18 Sec.7.3 Alternative Compliance 19 20 73.1 Applicability;Exceptions 21 22 A.This section sets forth the procedures and standards for Alternative Compliance 23 under which the City Council may grant special exceptions to allow the 24 development of new uses or structures, or additions to or alterations of existing 25 structures, that do not conform to the uses or forms of development otherwise 26 permitted under this Code, including the optional forms of development allowed by 27 this Code. 28 29 30 32 - - - - •: - •- -- --- - e t : The minimum required 33 .arkint ma be reduced in accordance with Section 203 b 11 of the Cit Zonin. 34 Ordinance. 35 36 .:- :: : .: e . .: . : : e .: 37 38 39 ao 41 42 'et;arid 43 44 3.The-preaocod 4 v'' p.' :^ ,-e ether th^n •,•e^er.s:^f^g of City of Virginia Beach Agenda Item 14 Page 2 Ordinance 45 efts- 46 47 CITY ZONING ORDINANCE 48 49 Sec.203.Off-street parking requirements. 50 51 52 53 (b) General standards. The following requirements shall apply to all off- 54 street parking spaces: 55 56 57 58 (11) The minimum required parking may be reduced upon the submittal 59 of a parking study to the zoning administrator that indicates a 60 substantial number of patrons of the use are pedestrian or arrive by 61 means of public transportation or by bicycle. The zoning 62 administrator shall determine the final parking ratio or reduction in 63 the minimum required parking. 64 65 COMMENTS 66 67 CMA Section 203(bk11)is added for reference only. Adopted by the City Council of the City of Virginia Beach.Virginia on the day of ,2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: e " - i-- :iffy Frank:ank: ield, Director B. Kay W ilso Deputy City Attorney Department.f Planning City Attorne sOffice CA13630 R-2 September 23,2016 2 City of Virginia Beach Agenda Item 14 Page 3 Item#14 City of Virginia Beach An Ordinance to Amend Section 7.3.1 of the Oceanfront Resort District Form-Based Code pertaining to alternative compliance for parking requirements November 9, 2016 CONSENT An Ordinance to Amend Section 7.3.1 of the Oceanfront Resort District Form-Based Code pertaining to alternative compliance for parking requirements. A motion was made by Commissioner Thornton and seconded by Commissioner Horsley to approve item 14. AYE 10 NAY 0 ABS 0 ABSENT I HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 14 for consent. Kristine Gay appeared before the Commission. L. APPOINTMENTS AUDIT COMMITTEE GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION-VBCDC 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 ***************************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ***************************** CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE92.21:2017 PAGE: I D A AGENDA V ITEM# SUBJECT MOTION VOTE A F B N F J S U 1 B P DNOKISISH LW O 0 V LN A OOR SO IRE EENSM I 0 0 T T R Y S ES SNND CITY MANAGERS BRIEFING VIRGINIA BEACH COMMUNITY Andrew Friedman, DEVELOPMENT CORPORATION Director—I lousing and IVBCDCJ Neighborhood Preservation CAVALIER TOURISM DEVELOPMENT Patti Phillips,Director— FINANCING PI AN Finance Al LAN IIC Thomas Leahy,Deputy AVENUEITRANSPORIAIION City Manager PAR OPPORTUNITY FUND GRANT APPLICATION IN I LRIM FINANCIAL.REPORT Patti Phillips,Director— Finance 4CERTIFICATION OF CLOSED ('FRIIl'IEU 11-0 Y TY Y Y Y Y Y Y Y 1111 Y SESSION IV-V VL' VII A-F FiG MINUTES: INFORMAL. APPROVED 11-0 Y TV EYE YYTY Y and FORMAL SESSIONS February 7,2019 Resolution in Memoriam II MAYOR'S PRESENTATION Anthony'Tony"Cooke, Firefighter L'1 PUBLIC HEARINGS I. I}ASF S of City Property: a Beach N Seafood LLC at Virginia Beach No Speaker Farmers Market b. Ocean Water LI V' at 4i° Street/Atlantic No Speaker Avenue RI Ordinances to AMEND the City Code: a. §2-151 Office of City Manager ADOPTED.BY 10-I V V Y V Y EN YYTY terminology re titles of employees CONSENT 2-319 Name change from Mental Health, ADOPFED,BY Mental Retardation and Substance Abuse to CONSENT 11-0 V TY TY V TYE Y Y Behavioral Health and Development Services §5-104rc Membership of the Animal ADOPT ED.BV 11-0 Y V V Y V Y V Y Y Y V Control Unity Advisory Board CONSEN I d. g36-96 re Operation of taxicabs effective DEFERRED 11-0 Y Y V TY TY TY TY through the 2016-2017 School year to automatically SUNSET on June 30,2017. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE 0221/2017 PAGE- 2 I) A AGENDA V S ITEM ft SUBJECT MOTION VOTE A F H E W B N E 1 S U 1 B P ONOK MS H L W 00 Y LN A 0 0 R S 0 T R EEENSM 1 (1 0 T TR Y S ES SNND a ADD$ 12-27.1 re a Service Charge for ADOPTED,BY 11-0 V Y V V ' Y Y V Y V V V Non-Emergency Medical Calls CONSENT 2 Ordinances to AUTHORIZE Leases of City property. a. BeachN Seafood.LLC re sale of fresh ADOPTED,BY 11-0 Y V Y V Y Y Y V V V V seafood at Virginia Beach Farmer's CONSLN'I Market,Suite No.815 b. Ocean Water LLC re overflow parking for ADOP'IED,BY 9-1 Y V V V Y AN V Y V V guests/employees/customers of Waterman s CONSENT B Restaurant and Orson Key Resort at 4h Street/Atlantic Avenue A N E D 3 Resolution to APPOINT Jennifer Anne ADOPTED,BY 11-0 V V Y Y V V V V Y V V Gmndler to the position of Deputy City CONSENT Clerk II.effective January 5.2017 4 Ordinance to EXTEND the date Ito ADOPTED.BY 11-0 YVY Y V Y V Y Y V Y satisfying the conditions on behalf of Amy CONSENT R.Slagle re the closure of one-half of an unimprovedunnamed alley near 829 South Atlantic Avenue DISTRICT 6-RFAC'H 5 Resolutions to DIRECT. a City Attorney to draft an Ordinance DEFERRED FOR 60 8-3 NYNY Y Y N Y Y Y Y removing Light Rail taxer/fee increases DAYS 0 City Manager to segregate revenues for repayment of Norfolk Southern r/w ADOPTFD 11-0 Y V Y V Y V V Y V V V acquisition costs. 6 Ordinance to AUTHORIZE atemporary ADOPTED,BY 11-0 Y V Y YYY Y V Y V Y encroachment into a portion of the City's CONSENT r/w re a trench at 21"Street DISTRICT 6-BEACH 7 Ordinances to ACCEP I/APPROPRIATE: a. 520,180 Grant from the VA Emergency Management to Emergency Management AUOPI ED 11-0 Y Y Y V V Y V V Y V V 59,50(1 in DONATIONS to Emergency M1. Management CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE-02:2E2017 PAGE. 3 I) A AGENDA V S ITEM It SUBJECT MOTION VOLE A E 11 E W P N E 1 S U 1 B P DNOISMS HEW O 0 V I. N A 0 0 K S 0 'f R E E ENSM I O O I 1 R VS ES SNND S Ordinance to TRANSFER 5135,500 from ADOPTED,BY 11-0 V Y Y Y V V Y Y V Y V the Reserve for Contingencies to the Voter CONSENT Registration/Elections re the January 10, 2017,Special Election for the 85"House • District K/1 VIRGINIA DILL and STEVEN M. APPROVED/ 10-0 Y Y Y Y Y Y Y A Y V V LARGENT Variance to Section 4.4(b)of the CONDITIONED B Subdivision Regulations re lot width at 2644 BY CONSENT S Seaboard Road T DISTRICT 7--PRINCESS ANNE A N F U 2 DANIEL W.FENTRESS DISIR1C17—PRINCESS ANNE a Variance to Section 4.4 (b)/(d) of the APPROVED/ Subdivision Regulations re lot width at 1660 CONDITIONED 11-0 V TY Y V Y V Y V Y Y Princess Anne Road BY CONSEN 1 b. CUP re Alternative Residential Development 3 SIANLEY/EVELYNIGHOLAfur a CUP APPROVED/ I1-0 V Y V Y V Y V V Y V V re Family Day-Care at 1617 Wicomico Lane CONDITIONED DISTRICT I—CENTERVILI.E BV CONSENT • 4 WAYNE/KIMBERLY JOHNSON fir a APPROVED/ 11.0 V Y V Y V V Y V Y V V CUP re Home-Based Wildlife CONDITIONED Rehabilitation at 1951 Clifton Road BY CONSENT DISTRICT 7—PRINCESS ANNE 5 NAC PROPERTIES II,LLC for a CUPrc APPROVED/ 11-0 V V V V V V V Y Y Y Y Assembly Use for weddings/similar events CONDITIONED at 2041/2033 Indian River Road BY CONSENT DISTRICT 7—PRINCESS ANNE 6 FUSION CYCLES, INC„ dba FUSION APPROVED/ 11-0 YY V Y V Y Y Y Y V V CYLES/MSF HOLDINGS,LLC fora CUP CONDITIONED re Small Engine Repair for motorcycles/ BY CONSENT mopeds at 6353 Indian River Road DISTRICT I—CENTERVILLE 7 RHETT A. REBOLD for VIBRANT APPROVED/ II-0 YY V Y Y Y Y V Y Y Y BREWING COMPANY/WONG FOON CONDITIONED VUEN&WONG BIK YOK fora CUP re BY CONSENT a Craft Brewery/Open-Air Market for food trucks at 4001 Shore Drive DISTRICT 4—BAYSIDE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DAT@02/21/2019 PAGE_ 4 IJ A AGENDA V 11 EM SUBJECT MOTION VOTE A L II F W B N E 1 S U I B P DNOICMS HLW O 0 Y 1. N A 0 0 R S 0 TR E EL NSM 1 0 0 T T R Y S FS SNND HOGS IOOYH PRECISION,LLC/ APPROVED/ 11-0 V Y Y Y Y Y YYY V V FRANZ LEEK for a CUP re Firearm CONDITIONED Saler at 1247 Princess Anne Road(January BY CONSENT 17,20111 DISTRICT J -PRINCESS ANNE 9 MCQ BUILDERS,LLC/ANNIE JONES, APPROVED AS 8-2 V AY NY YNY V Y V JAMES C./CATHERINE HARRIS, PROFFERED,BY B IIOLLIS ROAD ASSOCIATES,LLC for CONSEN I S a COZ from R-10toConditional PD-H2 at 4732/4712/4708/4704 Indian River Rd A (Deceinber 6.2016) I DISTRICT I CENTERVILLE N F D GREEN RIBBON COMMITTEE RESCHEDULED 11-0 YVYY YY V YYY V HEALTH SERVICES ADVISORY BOARD OPEN SPACE ADVISORY RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION— VB('D(' WORKFORCE HOUSING ADVISORY BOARD CIEAN COMMUNITY COMMISSION Reappointed: 11-0 Y V V Y V V V V V V V George Denice Julie Searcy Josie Sprague 3 yr term 04/01/1]-99120 COMMUNITY POLICY and Reappointed: 11-0 Y V YY YYY Y Y V V MANAGEMENT TEAM Robert Matthias Ginger P4wger 2 yr term 03/01/1]-02125/19 HIS IORIC PRESERVATION Appointed: 11-0 V V V V Y Y YVYY V COMMISSION Jtmnlfer Brown Estes 3 N term 22119-126120 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE 02/21/2017 PAGE: 5 D A AGENDA V S ITEM p SIJBJEC1 MOTION VOIL A L II L W B N E 1 S U 1 H P DNOK MS H EW O 0 Y LN AOOR S 0 I R E EENSM I 00 T TR VS LS SNND HUMAN RIGHTS COMMISSION Reappointed: 11-0 V V V V Y V V V V V V Rajeeb Islam Ronald Taylor James L.Parke 3 yr term 4/1/17-3/3120 PARKS AND RECREATION Appointed: II-0 V V V V V V Y V V V Y COMMISSION Ad.Kelly Unexpired thou 8/31/19 VOLUNTEER COUNSEI. Reappointed: IITJ V V 'ILLY V V Y V V James E.Parke 3 yr term 04/01/17-36120 WETLANDS HOARD Appointed- 11-0 V Y V V V Y V Y Y V V leash Schulman Unexpired thin$/3121 M/ AJOURNMENI 7:15 PM N/0