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HomeMy WebLinkAboutMARCH 21, 2017 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL VQSANNyFA O6MAYOR WILLIAM U S£SSOMSJR At-Large VICE MAYOR LOUIS R JONES,H -d tDistrict 4 JESSICA p.LI District2 i M BENJMIM1DAVENPORT.A LargeE ROBERT MDYER.Centerville District I ,I S BARBARA M HENLEY Princess Anne District. 14 SHANNON DS KANE,RoseHoll District3 JOHN.MOSS,At Large RHINE U/IRIN,Beach District 6 ROSEMARY WILSON,At-Large JAMES L WOOD,lynnhaven-Diiricl s CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER DAVID I.HAh'SEN VIRGINIA BEACH, VIRGINIA 23456-9005 CITYAITORNEY MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR JERALD U_BANAGAN FAX(757)385-5669 CITY AUDITOR LYNDONS REMIAS E-MAIL.'CNrncl®vbgov.cam CITY CLERK RUTH HODGES FRASER.MMC March 21, 2017 MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL BRIEFING - Conference Room- 3:00 PM FY 2017-18 RESOURCE MANAGEMENT PLAN (Budget) CAPITAL IMPROVEMENT PROGRAM I. INFORMATION TECHNOLOGY Kevin Fairley, Information Services Administrator 2. WATER and SEWER Peter Pommerenk, Planning and Analysis Manager II. CITY MANAGER BRIEFINGS 1. VETERANS UNITED HOME LOANS AMPHITHEATER UPDATE Warren Harris, Director—Economic Development Tabitha Webster, General Manager 2. INTERIM FINANCIAL REPORT Patti Phillips, Director— Finance 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 Beth Anderson Pastor, Courthouse Community Methodist 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 SPECIAL FORMAL/CLOSED SESSSION March 14, 2017 March 21, 2017 F. MINUTES 1. INFORMAL and FORMAL SESSIONS March 7, 2017 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS I. POLLING SITE CHANGES a. Trantwood Precinct to Church of the Holy Family at 1279 North Great Neck Road b. Courthouse Precinct to Kellam High School at 2665 West Neck Road c. Foxfire Precinct to Wave Church at 2655 Seaboard Road d. Pleasant Hall Precinct to Emmanuel Episcopal Church at 5181 Singleton Way e. Hillcrest Precinct to New Castle Elementary School at 4136 Dam Neck Road 2. LEASES OF CITY-OWNED PROPERTY - Cafe Franchises a. 204 Grill Café 204 22od Street b. Abbey Road Café 203 22nd Street c. Barclay Towers Café 809 Atlantic Avenue d. Calypso Bar& Grill 1101 Atlantic Avenue e. Dough Boys 3224 Atlantic Avenue f. Four Sails 3301 Atlantic Avenue g. 23rd Street Bistro 2207 Atlantic Avenue h. Luna Sea 22nd Street i. Mahi Mah's 615 Atlantic Avenue j. Mahi Mah's 615 Atlantic Avenue k. Neptune's Restaurant 2901 Atlantic Avenue 1. Oceanhouse Waterfront 1905 Atlantic Avenue m. Pier 23 2224 Atlantic Avenue n. Timbuktu Café 3107 Atlantic Avenue I. PUBLIC COMMENT 1. MARTIN LUTHER KING,JR, HIGHWAY DESIGNATION J. ORDINANCES/RESOLUTION 1. Ordinances to AMEND the City Code: a. § 2-83-2 Funeral Leave re leave hours to include part-time employees on regular schedule b. § 2-110 re Allow City Manager discretion in pay adjustments c. § 2-117 re Reclassification for career progression d. § 10-1 Rename Polling places: 1. Trantwood Precinct to Church of the Holy Family 2. Courthouse Precinct to Kellam High School 3. Foxfire Precinct to Wave Church 4. Pleasant Hall Precinct to Emmanuel Episcopal Church 5. Hillcrest Precinct to New Castle Elementary School e. § 18-2 Precious Metal Dealers to increase Permit fee 2. Ordinance to AMEND Resort's Open Air Café Franchise Regulations 3. Ordinance to GRANT fourteen (14) Franchise Agreements for Open Air Cafés in the Resort Area a. Abbey Road Café 203 22nd Street b. Barclay Towers Café 809 Atlantic Avenue c. Calypso Bar& Grill 1101 Atlantic Avenue d. Dough Boys 3224 Atlantic Avenue e. Four Sails 3301 Atlantic Avenue f. 23r1 Street Bistro 2207 Atlantic Avenue g. Oceanhouse Waterfront 1905 Atlantic Avenue h. Luna Sea 22nd Street i. Mahi Mah's 615 Atlantic Avenue j. Mahi Mah's 615 Atlantic Avenue k. Neptune's Restaurant 2901 Atlantic Avenue I. Pier 23 2224 Atlantic Avenue m. Timbuktu 3107 Atlantic Avenue n. 204 Grill Café 204 22nd Street 4. Resolution to AUTHORIZE and DIRECT the City Manager to IMMEDIATELY REPAY the $20—Million Transportation Partnership Opportunity Fund(TPOF) Grant to acquire acquisition of the former Norfolk-Southern right-of-way 5. Ordinance to AUTHORIZE temporary encroachment into a portion of City property known as Treasure Canal re a private pier at the rear of 2248 Windward Shore Drive DISTRICT 5- LYNNHAVEN 6. Ordinances to DONATE truck scales from Virginia Beach Police Department(VBPD): a. Twelve (12) to the Department of Air Force Police 733d Security Forces Squadron at Fort Eustis b. Ten (10)to the Federal Emergency Management Agency(FEMA)Warehouse K. PLANNING 1. SALEM LAKES STORAGE, LLC for a Modification of Proffers and Conditions re expansion of the building and parking lot at 1980 Salem Road(Approved May 8, 2012) DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 2. 1508 DEDHAM, LLC and ACT PARTNERS for a Conditional Use Permit re a Craft Brewery at 2272 West Great Neck Road,#2268 DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 3. ROBERT B. and DIANA C. DAVIS for a Conditional Use Permit re a Home-Based Wildlife Rehabilitation at 1804 Rainbow Court DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 4. SOHO LASHES, LLC and POTTER PROPERTIES GROUP, LLC for a Conditional Use Permit re a Tattoo Parlor at 1616 Hilltop West Shopping Center DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 5. CITY OF VIRGINIA BEACH for a Modification of Conditions re a fill for a Borrow Pit at the North side of Norfolk — Southern right-of-way, West of Air Station Drive (Approved August13, 2002) DISTRICT 6—BEACH RECOMMENDATION: APPROVAL L. APPOINTMENTS GREEN RIBBON COMMITTEE HUMAN RIGHTS COMMISSION RESORT ADVISORY COMMISSION 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 Virginia Beach City Council Speaker time Limits ORDINANCES/RESOLUTIONS: f. at: registered speaker hill base three (3) minutes to support the document or express concerns PLANNING ITEMS: %pplk:: ails. or Melt Rcpiesenlalis es. %sill lase ten (111) nlinules to define the need 01 explain the intent plus three (3) minutes lot Rebuttal Speakers sill bast' (lute(3) uiinmrs to speak once in las of 01 opposed. CITY COUNCIL CH'BRIEFINGS, BUDGET WORKSHOS SCHEDULE FOR THE FY 2017-18 RESOURCE MANAGEMENT Tuesday,April 251M1 Cultural Affairs Museums Parks and Recreations Tuesday.March 281h Treasurer Presentation of City Manager's Proposed Budget Commission of Revenue General Registrar Tuesday,April 4th STIR office Commonwealth's Attorney City Attorney Sheriff and Corrections City Auditor Juvenile and Domestic Relations District Court City Clerk Circuit Court Real Estate Assessor's Office Magistrates Office Information Technology Juvenile Probation Finance General District Court Human Resources Emergency Communications and Citizen Services Communications Office Emergency Medical Services Debt Service Fire Department Budget and Management Services Office of Emergency Management Non-Departmental Police Department City Manager's Office Tuesday.April 111h Thursday,April 27(h(Called Meeting) Clerk of Circuit Court SPECIAL FORMAL SESSION Planning Public I bearing 6:00 I'M Public Utilities liavvde Ieh School Public Works Health Department Tuesday,May Zoe Human Services Reconciliation Workshop Tuesday.April 181h Tuesday,May 96(Called Meeting) Virginia Beach City Public Schools Budget and CIP Vote Libraries Economic Development Agriculture Convention and Visitors Bureau Housing and Neighbor Hood Preservation tiPE( I 11. f(1RM Al_ SESSION Public I learinv 6:00 P11 ('hs Council Chamber HEAR YE,HEAR YE ,111.1 WI RIII INN 11101 SVNI) SF\ F:AIFEN IS V ( '1 I \ 1101.11) \1 BY ORDINANCE,JULY FORMAL SESSIONS OF VIRGINIA BEACH CITY COUNCIL ARE SCHEDULED FOR THE FIRST and SECOND TUESDAYS IN MIA 2017 VIRGINIA BEACH CITY COLN( IL FORMAL SESSIONS WILL. BE HELD ON TIIE SECOND AND THIRD TUESDAYS IJLINY 11 and JULY 181 CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL „ottus40,E40 MAYOR W////AMD SESSOMS.JR At-Large HpA VICE MAYOR LOUIS R.JONES R y d District 4 JESSICA P ABBOTT KemR District l Al BENJAMIN ERDAVENPORT. AVEN T.A Large FA) l �. '5 ROBERT RRBTM.DYEg,Enke ite District I BARBARA M HENLEY Princess A Ict/ SHANNON INS KE, oseHull D ct3 JOHN O.MOSS.At Large ROSE . L,Bech frond fi ROSEMARY WIAl-Large JAMES LWOOD ,lynnbaven-Dania5 ING CITYHALL DIVE 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH. VIRGINIA 23456-9005 CITY MANAGER DAVID L.HANSEN PHONE:/I5If 385-43113 CITY smF5 ntTORNEY Maar D. CITY COUNCIL AGENDA (STY ASSESSOR JERALD D.BANACAN FAX 1757)385-5669 CITY AUDITOR LYNDONS REM/ASMflrCI121 •LU 17 F MAIL'Ctycncl(;t'Agov.com CITY CLERK RUTH HODGES FRASER,MMC MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL BRIEFING - Conference Room- 3:00 PM FY 2017-18 RESOURCE MANAGEMENT PLAN (Budget) CAPITAL IMPROVEMENT PROGRAM 1. INFORMATION TECHNOLOGY Kevin Fairley, Information Services Administrator 2. WATER and SEWER Peter Pommerenk, Planning and Analysis Manager 11. CITY MANAGER BRIEFINGS I. VETERANS UNITED HOME LOANS AMPHITHEATER UPDATE Warren Han-is, Director—Economic Development Tabitha Webster, General Manager 2. INTERIM FINANCIAL REPORT Patti Phillips, Director—Finance 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 Beth Anderson Pastor, Courthouse Community Methodist 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 SPECIAL FORMAL/CLOSED SESSSION March 14, 2017 March 21, 2017 F. MINUTES 1. INFORMAL and FORMAL SESSIONS March 7, 2017 G. FORMAL SESSION AGENDA I. CONSENT AGENDA H. PUBLIC HEARINGS 1. POLLING SITE CHANGES a. Trantwood Precinct to Church of the Holy Family at 1279 North Great Neck Road b. Courthouse Precinct to Kellam High School at 2665 West Neck Road c. Foxfire Precinct to Wave Church at 2655 Seaboard Road d. Pleasant Hall Precinct to Emmanuel Episcopal Church at 5181 Singleton Way e. Hillcrest Precinct to New Castle Elementary School at 4136 Dam Neck Road 2. LEASES OF CITY-OWNED PROPERTY - Café Franchises a. 204 Grill Cafe 204 22od Street b. Abbey Road Café 203 22"d Street c. Barclay Towers Cafe 809 Atlantic Avenue d. Calypso Bar& Grill 1101 Atlantic Avenue e. Dough Boys 3224 Atlantic Avenue f. Four Sails 3301 Atlantic Avenue g. 23`d Street Bistro 2207 Atlantic Avenue h. Luna Sea 22nd Street i. Mahi Mah's 615 Atlantic Avenue j. Mahi Mah's 615 Atlantic Avenue k. Neptune's Restaurant 2901 Atlantic Avenue I. Oceanhouse Water G ont 1905 Atlantic Avenue m. Pier 23 2224 Atlantic Avenue n. Timbuktu Cafe 3107 Atlantic Avenue PUBLIC HEARING PROPOSED ORDINANCE TO CHANGE THE POLLING LOCATCH FOR IRE IRM'I WN0,COURTHOUSE,FCXFIRE, PLEASANT HALL.AND HILLCREST PRECINCTS The City Council of Virginia Beach. Virginia at its formal session on March 21. 2017 et 600 PM will conduct a Public hearing upon an ordinance to change to polling place for to ntw0o0, Courthouse, Foafne, Pleasant Hal and Hillcrest Precincts. The public nearing will be held at the City Council chambers In City Hall. If adopted.the new polling locoban for the Trantwood Precinct would be the Church of me Holy Family (1279 N. Great Neck Rd).thenew polling location for the Courthousnew Precinct would be Kellam WBS School 12665 West Neck Rd). the new polling location for the Foxfire Precinct would be Wave Church 12655 Seaboard Rd). the new polling or the Pleasant HePrecinct would be Emmanuel Episcopal rch (5181nSingim way). Polling location for the Hillcrest Precinct wouldew lbe New Castle Elementary School (a1380arn Neck Ru} A copy of the aforesaid ordinance and related ap(s)may be inspected in the Voter ocatedra2 Elections Office, which is located at e4 49 Princess n Road. MunicipalVi CenCenter, Building 14. SJ, Virginia Beach.h.VUN ills.23456. If you a physically disabled o visually impaired and need assistance at Nis meeting, please call the Cltt CLERK'S OFFICE at 3854303.Hearing impaired call TDD only 711 IT•00 Telephonic Devae for the Dean All interested parties are invited to attend. Ruth Hodges Fra Clerk BEACON March 12 and 19.2017— 1 TIME EACH. la's=yi: PUBLIC NOTICE The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 P.M. on March 21, 2017 in Me City Council Chamber regarding proposed Cafe franchise agreements for Oily owned property located at the following locations: 204 22'v Street tO Pizza Maniac,Inc.. Va 204 Grill Café, for an Atlantic Avenue Side Street cafe 203 22^ Street to Tampico Enterprises. Inc, Va Abbey Road Café, for an Atlantic Avenue Side Street Cafe. 809 Atlantic Avenue to Barclay Restaurant Corporation. Va Barclay Towers Cafe,for a Boardwalk Cafe. 1101 Atlantic Avenue to Atlantic Sands.inc.,Va Ca,oso Bar&Grill, for a Boardwalk Cafe. 3224 Atlantic Avenue to Virginia George Co.,Inc.,VaDough Boys,for an Atlantic Avenue Side Street café. 3301 Atlantic Avenue to Four Sails Timeshare Owners Association, Va Four Sails.for a Boardwalk cafe_ 2207 Atlantic Avenue to Osprov Respubllk Inc.Lite 231 Street Bistro, for a Boardwalk Cale. 206 22^^ Street to Luna Sea Incorporated. Va Luna Sea, for an Atlantic Avenue side Street Cafe. 615 Atlantic Avenue to ROTE,LC, Va Mahi Mahs,for a Boardwalk Cafe_ 615 Atlantic Avenue to ROTE.LC, Va Mehl Mars, for a Connector Park Cafe 2901 Atlantic Avenue to Atlantic Enterprses, c Va Neptune's Restaurant,for aBoardwalk Café. 1905 Atlantic Avenue to Osprov Respublik. Inc.. Va Oceanhouse Waterfront,for a Boardwalk Café. 2224 Atlantic Avenue to AHATA,Inc, Va Pier 23. fora n Atlantic Avenue side Street cafe. 3107 Atlantic Avenue to Ocean Ranch Motel Corporation. Va Timbuktu,for a Boardwalk cafe. The purpose of the Hearing will be to obtain publiccomment on the proposed franchise agreements on City property. Copies 0l the franchise agreements are on file in the City Olerk'9 office. The City Council Chamber is located on the second floor of the City Hall building(Building NI) at 2401 Courthouse Drive Virginia Beach,Virginia 23456. Any questions c cerning the above- referenced franchise should be directed to Mike Eason.CVO/Resort Management Officeby calling(757) 3854800, All interested partle5 vited to attend. Ruth 11 aser,MMC City Clerk Copies of the proposed ordinances. resolutions and amendments are on filand may be examined in the Department of Planning or online at For information call 3354621. If you are physically dlwbleO or visually imps RAO and need assistance at this meeting please call the CITY CLERK'S OFFICE al 3854303. BEACON: MARCH 19,2017,1 TIME I. PUBLIC COMMENT I. MARTIN LUTHER KING,JR, HIGHWAY DESIGNATION J. ORDINANCES/RESOLUTION I. Ordinances to AMEND the City Code: a. § 2-83-2 Funeral Leave re leave hours to include part-time employees on regular schedule b. § 2-110 re Allow City Manager discretion in pay adjustments c. § 2-117 re Reclassification for career progression d. § 10-1 Rename Polling places: 1. Trantwood Precinct to Church of the Holy Family 2. Courthouse Precinct to Kellam High School 3. Foxfire Precinct to Wave Church 4. Pleasant Hall Precinct to Emmanuel Episcopal Church 5. Hillcrest Precinct to New Castle Elementary School e. § 18-2 Precious Metal Dealers to increase Permit fee 2. Ordinance to AMEND Resort's Open Air Café Franchise Regulations 3. Ordinance to GRANT fourteen (14) Franchise Agreements for Open Air Cafés in the Resort Area a. Abbey Road Café 203 22nd Street b. Barclay Towers Café 809 Atlantic Avenue c. Calypso Bar& Grill 1101 Atlantic Avenue d. Dough Boys 3224 Atlantic Avenue e. Four Sails 3301 Atlantic Avenue f 23`d Street Bistro 2207 Atlantic Avenue g. Oceanhouse Waterfront 1905 Atlantic Avenue h. Luna Sea 22"d Street i. Mahi Mah's 615 Atlantic Avenue j. Mahi Mah's 615 Atlantic Avenue k. Neptune's Restaurant 2901 Atlantic Avenue 1. Pier 23 2224 Atlantic Avenue m. Timbuktu 3107 Atlantic Avenue n. 204 Grill Café 204 22"d Street 4. Resolution to AUTHORIZE and DIRECT the City Manager to IMMEDIATELY REPAY the $20—Million Transportation Partnership Opportunity Fund(TPOF) Grant to acquire acquisition of the former Norfolk-Southern right-of-way 5. Ordinance to AUTHORIZE temporary encroachment into a portion of City property known as Treasure Canal re a private pier at the rear of 2248 Windward Shore Drive DISTRICT 5- LYNNHAVEN 6. Ordinances to DONATE truck scales from Virginia Beach Police Department(VBPD): a. Twelve(12)to the Department of Air Force Police 733d Security Forces Squadron at Fort Eustis b. Ten(10) to the Federal Emergency Management Agency(FEMA) Warehouse iilJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 2-83.2 of the City Code Pertaining to Funeral Leave MEETING DATE: March 21, 2017 • Background: The city code and coordinating Human Resources policy allows employees leave upon notification of death of a family member. The current code section and policy allow five working days of leave. It is requested to change this to forty hours for full time employees and fifty-six hours for firefighters assigned to fifty-six hour workweeks to allow more uniformity for employees who do not typically work a five day schedule. Staff would also like to allow part-time employees that work a regular schedule to have leave upon notification of death of a family member. Additionally, the current title of funeral leave is recommended to be changed to bereavement leave to be more inclusive of other needs for leave when a family member passes in addition to just attending or planning a funeral. • Considerations: These changes are needed to clarify that employees can take leave for any and all obligations related to the death of a family member and to allow uniformity and consistency between employees who work five days a week and other work schedules. Furthermore, the amendment will provide this benefit to part-time employees who work a regular schedule. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting De. . • gency: Human Resourceldlgd City Manager: df 1 AN ORDINANCE TO AMEND SECTION 2- 2 83.2 OF THE CITY CODE PERTAINING TO 3 FUNERAL LEAVE 4 5 SECTION AMENDED: § 2-83.2 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 2-83.2 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and ordained to read as follows: 12 13 Sec. 2-83.2. -Funeral Bereavement leave. 14 15 A. All full-time merit employees of the city shall be eligible to receive leave with 16 pay upon the death of a member of such employee's immediate family not to 17 exceed fiv^ (� orking days forty (40) hours for all full-time employees 18 except firefighters assigned to fifty-six (56) hour work weeks who shall be 19 eligible to receive leave not to exceed fifty-six (56) hours. Such leave cannot 20 be saved and used at a later date. 21 B. All part-time employees shall be granted time off with pay for the portion of 22 their regular weekly work schedule which they normally would work, not to 23 exceed forty (40) hours. 24 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 25 day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I' Ati -egina Hilliard Marjor' A. Smith Human Resources City Attorney's Office CA13914 R-4 March 6, 2017 j4fe" E. , 4.CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: (1) An Ordinance to Amend Section 2-110 of the City Code to Allow the City Manager Discretion in Pay Adjustments (2) An Ordinance to Amend Section 2-117 of the City Code Pertaining to Reclassification MEETING DATE: March 21, 2017 • Background: City Code section 2-110(b) provides that when an employee is promoted, his or her salary will be increased five percent (5%) for a promotion of one pay range; for a promotion of two or more pay ranges, the employee will receive a salary increase of ten percent (10%). City Code section 2-117(b) provides the same requirements for career progressions. Other pay actions, including reclassifications (Sec. 2-112) and changes in pay range for class (Sec. 2-117.1) follow the requirements as set forth in 2- 110(b). • Considerations: In most instances, new hires are hired into the City at the minimum salary of their pay range assignment. It is sometimes necessary, however, to further discuss salary requirements. The City offers a salary commensurate with the candidate's experience in the field and current salary. For internal candidates who successfully compete for a higher level position within the organization, they are automatically provided five percent or ten percent as noted above, regardless of prior experience. Additionally, steps to immediately address salary compression cannot be taken due to the limitations imposed by City Code. Conversely, there are also instances wherein an employee's salary may be sufficient and require less than the percentages required by City Code. Providing the required increases can cause unnecessary salary compression and expenditure of funds. Therefore the change to City Code sections 2-110(b) and 2- 117(b) shall provide the flexibility needed to hire and maintain highly skilled and qualified workers. Additionally, some updates are needed to 2-110(a) to allow direct appointments by the City Manager, and to 2-117 to match the practice and terminology used by the City to reflect generally what salary would be considered for employees eligible for a career progression. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Approve the attached ordinances. • Attachments: Ordinances. Recommended Actio I: Approval Submitting De. � ency: Human Resourt;t 4 City Manager: - tot 1 AN ORDINANCE TO AMEND SECTION 2-110 2 OF THE CITY CODE TO ALLOW THE CITY 3 MANAGER DISCRETION IN PAY 4 ADJUSTMENTS 5 6 SECTION AMENDED: § 2-110 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 2-110 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and ordained to read as follows: 13 14 Sec. 2-110. - Promotion. 15 16 (a) A promotion shall be defined as an advancement by an employee to a 17 classification assigned a higher pay range with more complex job duties and 18 responsibilities. No employee may be promoted unless there is a position vacancy and 19 _ 21 22 (b) When an employee is promoted, his or her salary will be increased as 23 follows: For a promotion of one (1) pay range, the employee will receive a salary 24 increase of five (5) percent or the minimum salary advertised whichever results in the 25 higher salary; for a promotion of two (2) or more pay ranges, the employee will receive a 26 salary increase of ten (10) percent, or the minimum salary advertised, whichever results 27 in the higher salary. The City Manager has discretion to adjust the pay increase, or to 28 deny a pay increase, to the incumbent's salary based on the organizational structure 29 compression factors, level of supervisory responsibilities, position in pay range, internal 30 equity. or other factors impacting the administration of the pay system. 31 32 (c) The effective date of all promotions will be the first day of a pay period. An 33 employee who is promoted on his or her merit date and is eligible for a merit increase 34 shall also receive the merit increase based on his or her performance appraisal in 35 addition to the pay increase received for the promotion. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: egina S. Hilliard Marjo e A. Smith Human Resources City Attorney's Office CA13664 R-3 February 9, 2017 1 AN ORDINANCE TO AMEND SECTION 2-117 2 OF THE CITY CODE PERTAINING 3 RECLASSIFICATION 4 5 SECTION AMENDED: § 2-117 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 2-117 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and ordained to read as follows: 12 13 Sec. 2-117. - Career progression. 14 15 (a) A career progression shall be defined as an advancement by an employee 16 to a higher pay within a defined classification series. A career progression does not 17 require a position vacancy. 18 (b) When a career progression action occurs to an employee, the employee's 19 salary will be increased as follows: For a career progression of one (1) pay range, the 20 employee will receive a salary increase of five (5) percent or the !owact sa! g re_o`vod 22 •••• _ _ _ _ • - e- _ : -minimum salary advertised, whichever results in the 23 higher salary; for a career progression of two (2) or more pay ranges, the employee will 24 receive a salary increase of ten (10) percent or the : - - - • --- - - • 26alar• of pay range minimum salary advertised, whichever results in the higher 27 salary. The City Manager has discretion to adiust the pay increase, or to deny a pay 28 increase, to the incumbent's salary based on the organizational structure, compression 29 factors, level of supervisory responsibilities, position in pay ranqe, internal equity, or 30 other factors impacting the administration of the pay system. 31 32 (c) The effective date of all career progressions will be the first day of the pay 33 period. An employee who receives a career progression on his or her merit date and is 34 eligible for a merit increase may also receive the merit increase based on the 35 employee's performance appraisal in addition to the pay increase received for the 36 career progression. 37 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2017. APPROV I AS TO CONTENT: APPROVED AS TO LEGAL .4SUFFICIENCY: Regina S. Hilliard Marjor A. Smith Human Resources City Attorney's Office CA13664 R-2 January 30, 2017 [ 4,:::^!11,4, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 10-1 of the City Code to Rename the Polling Places for the Trantwood, Courthouse, Foxfire, Pleasant Hall and Hillcrest Precincts MEETING DATE: March 21, 2017 • Background: The Office of Voter Registration and Elections periodically reviews the City's precincts and recommends changes or updates as needed. There are five changes proposed. • 009 Trantwood- From Virginia Beach Christian Church to Church of the Holy Family located at 1279 N Great Neck Rd., 23454 • 035 Courthouse- From Courthouse Fire Station to Kellam High School located at 2665 West Neck Rd., 23456 • 060 Foxfire- From Kemps Landing/ Old Donation School to Wave Church located at 2655 Seaboard Rd., 23456 • 079 Pleasant Hall- From Kempsville Baptist Church Pleasant Hall Annex to Emmanuel Episcopal Church located at 5181 Singleton Way, 23462 • 087 Hillcrest- From Village Church to New Castle Elementary School located at 4136 Dam Neck Rd., 23456 The Local Electoral Board endorsed these changes at its March 9, 2017, meeting. • Considerations: The attached ordinance updates the polling locations of the aforementioned precincts in City Code §10-1. As required, these locations will be ADA compliant. • Public Information: This item will be advertised as part of the normal Council Agenda process. As required by State Code, a public hearing for these changes will be held on March 21, 2017, at the Council Formal Session. The notice for this hearing was published in the Beacon on March 12 and March 19. • Recommendation: Adopt the attached ordinance. • Attachments: Ordinance; Maps (5) Recommended . ion: Approval Submitting De• i, ,;�'ency: Office of Voter Registration and Elections 7 City Manager: 1 AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY 2 CODE TO RENAME THE POLLING PLACE FOR THE 3 TRANTWOOD, COURTHOUSE, FOXFIRE, PLEASANT 4 HILL, AND HILLCREST PRECINCTS 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 9 Section 10-1 of the City Code is hereby amended and reordained to read as 10 follows: 11 12 Sec. 10-1. Establishment of precincts and polling places. 13 14 There are hereby established in the city the following precincts and their 15 respective polling places, as set forth below: 16 17 Precinct Polling Place 18 19 Alanton Alanton Elementary School 20 Aragona Bayside Sixth Grade Campus 21 Arrowhead Arrowhead Elementary School 22 Avalon Woodstock Elementary School 23 Baker Ebenezer Baptist Church 24 Bayside Bayside Elementary School 25 Bellamy Salem Middle School 26 Blackwater Blackwater Fire Station 27 Bonney Discovery Church 28 Brandon Brandon Middle School 29 Brookwood Plaza Annex 30 Buckner Green Run Baptist Church 31 Cape Henry Research and Enlightenment Building (Edgar 32 Cayce Library) 33 Capps Shop Back Bay Christian Assembly 34 Centerville Centerville Elementary School 35 Chesapeake Beach Bayside Baptist Church 36 Chimney Hill Congregation Beth Chaverim 37 College Park College Park Elementary School 38 Colonial Colonial Baptist Church 39 Colony Lynnhaven Colony Congregational Church 40 Corporate Landing Corporate Landing Middle School 41 Courthouse 42 Kellam High School 43 Creeds Oak Grove Baptist Church 44 Cromwell Salem United Methodist Church 45 Culver Ocean Lakes High School 46 Dahlia Green Run High School 47 Dam Neck Corporate Landing Elementary School 48 Davis Corner Bettie F. Williams Elementary School 49 Eastern Shore Eastern Shore Chapel 50 Edinburgh St. Aidan's Episcopal Church 51 Edwin Kempsville Middle School 52 Fairfield Kempsville Presbyterian Church 53 Foxfire 54 Wave Church 55 Glenwood Glenwood Elementary School 56 Great Neck All Saints Episcopal Church 57 Green Run Green Run Elementary School 58 Haygood Haygood United Methodist Church 59 Hillcrest 60 Church 61 New Castle Elementary School 62 Holland Holland Elementary School 63 Homestead Providence Presbyterian Church 64 Hunt Princess Anne Recreation Center 65 Independence Water's Edge Church 66 Indian Lakes Indian Lakes Elementary School 67 Indian River San Lorenzo Spiritual Center 68 Kings Grant St. Nicholas Catholic Church 69 Kingston King's Grant Presbyterian Church 70 Lake Christopher New Covenant Presbyterian Church 71 Lake Joyce Morning Star Baptist Church 72 Lake Smith Bayside Church of Christ 73 Landstown Landstown Community Church 74 Larkspur St. Andrews United Methodist Church 75 Lexington Larkspur Middle School 76 Linkhorn Virginia Beach Community Chapel 77 Little Neck Lynnhaven United Methodist Church 78 London Bridge London Bridge Baptist Church 79 Lynnhaven Cape Henry Church 80 Magic Hollow Virginia Beach Moose Family Center 81 Malibu Malibu Elementary School 82 Manor Providence Elementary School 83 Mt. Trashmore Windsor Woods Elementary School 84 Newtown Good Samaritan Episcopal Church 85 North Beach Galilee Episcopal Church 86 North Landing Hope Haven 87 Ocean Lakes Ocean Lakes Elementary School 88 Ocean Park Bayside Community Recreation Center 89 Oceana The Gathering at Scott Memorial United 90 Methodist Church 91 Old Donation Calvary Baptist Church 92 Pembroke Pembroke Elementary School 93 Pinewood Lynnhaven Presbyterian Church 94 Plaza Lynnhaven Elementary School 95 Pleasant Hall a •-: _ : . : ' - • •96 Emmanuel Episcopal Church 97 Point O'View Kempsville Church of Christ 98 Red Wing Fraternal Order of Police, Lodge #8 99 Rock Lake Salem Elementary School 100 Rosemont Forest Rosemont Forest Elementary School 101 Roundhill Salem High School 102 Rudee Virginia Beach Volunteer Rescue Squad 103 Building 104 Seatack Mount Olive Baptist Church 105 Shannon Church of the Ascension 106 Shelburne Christopher Farms Elementary School 107 Shell Unity Church of Tidewater 108 Shelton Park Shelton Park Elementary 109 Sherry Park St. Matthews Catholic Church 110 Sigma Red Mill Elementary School 111 South Beach Contemporary Art Center of Virginia 112 Stratford Chase Community United Methodist Church 113 Strawbridge Strawbridge Elementary School 114 Tallwood Tallwood Elementary School 115 Thalia Thalia Elementary School 116 Thoroughgood Independence Middle School 117 Timberlake White Oaks Elementary School 118 Trantwood . . 119 Church of the Holy Family 120 Upton Three Oaks Elementary School 121 Village Thalia Lynn Baptist Church 122 Windsor Oaks Windsor Oaks Elementary School 123 Witchduck Bayside Presbyterian Church 124 Wolfsnare Virginia Beach Christian Life Center 125 Central Absentee Voter AgricultureNoter Registrar Building 126 Precinct Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 --� onna Patterson Dana Harmeyer �' — Voter Registrar City Attorney's Office CA13948 R-1 February 28, 2017 Proposed precinct change for 009- Trantwood 010 \Hit, „id,„ .„, Church of he Holy Famil 1, (.1 eat Nr,k 1,1 411 II { II and Reiksijuce -: Lynnhet Middk Scho< 009 Virginia Beach Ciutslan Church ,,outh ego 009,TrantWood" r'k Point* WAVE Church N.Ith oas woits41.4441 Ned. °rest Pm runes • 'u.IIu n gt°it -- 2191,to...n.00nipj,..002:1;14: 11 I 1,.111 • , .00ds NogUi • m of 11, I 11 south,i • "•E• • Weal W Neck Vol hleadows %Volts:tar e Ii.,,,I alwit 1-• • From Virginia Beach Christian Church to Church of the Holy Family located at 1279 N Great Neck Rd 23454 Proposed precinct change for 035- Courthouse r_1\ 035 CourfigugAn I1062 / 1(oter Registrar's Office Hope Haven 099IC entr ai Absente Kemps Lar 1088 North Landing 060 Foxfr * 7C *. 08 8 � Ke am High School rA,4and.n4" 060 l 035 • C I 36742-76.114 Degrees 11:36.112 City of Virginia Bea From Courthouse Fire Station to Kellam High School located at 2665 West Neck Rd., 23456 Proposed precinct change for 060- Foxfire O85 • h�i auu Commons Courthouse Fire Skitior ViThLeeGtaks ES rginia 035 Cuur tli — 085..Upton on Beni h • Voter Registrar's Office 099 Central Absente Kemps Landing:Old Donation School tg hl 060 Foxfire • I byd L *Wave Church Kellam High i School 060 Heron Ridge Golf Club the Signature N •' From Kemps Landing/ Old Donation School to Wave Church located at 2655 Seaboard Rd., 23456 Proposed precinct changes for 079- Pleasant Hall c, K..,c, iII.Belt ea:ant Mall Annex Y pT4 PINS dill 9 * ••i _ 079 *E ' nuet Episcopal Church realOSJ lFiur Hla -,• K. m474: � tIr*` i.' 4111"/v a , 1 .mot t From Kempsville Bapist Church Pleasant Hall Annex to Emmanuel Episcopal Church located at 5181 Singleton Way, 23462 Proposed precinct changes for 087- Hillcrest 058 San Lorenzo Spiritual Center 097 Indian River r. , 54 * New Castle Elementary School Village Church 087 Hillcre't 087 * From Village Church to New Castle Elementary School located at 4136 Dam Neck Rd., 23456 tYrj_ e CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 18-32 of the City Code Pertaining to the Permit Fee for Precious Metal Dealers MEETING DATE: March 21, 2017 • Background: On May 10, 2016, City Council approved numerous budget amendments, including one to City Code § 27-3 to increase the permit fee for precious metal dealers from $300 to $550. • Considerations: City Code § 18-32 also references the precious metal dealer permit fee but was not amended when the budget ordinances were processed. This amendment will update § 18-32 to reflect the correct permit fee. • Public Information: This ordinance will be advertised in the same manner as other Council agenda items. • Attachment: Ordinance Recommended Action: Approval Submitting Depart . olice Department itit City Manager: 1 AN ORDINANCE TO AMEND SECTION 18-32 2 OF THE CITY CODE PERTAINING TO 3 PERMIT FEE FOR JUNK DEALERS 4 5 SECTION AMENDED: § 18-32 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 18-32 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and ordained to read as follows: 12. Sec. 18-32. - Permit required. 13 (a) No person shall engage in the activities of a dealer as defined in section 14 18-76.1, pawnbroker, junk dealer, or secondhand dealer without first obtaining a permit 15 from the chief of police. 16 (b) To obtain a permit, the applicant shall file with the chief of police an 17 application form which includes the applicant's full name, any aliases, address, age, 18 date of birth, sex, and fingerprints; the name, address, and telephone number of the 19 applicant's employer, if any; and the location of the applicant's place of business. Upon 20 filing this application and the payment of the permit fee set forth in subsection (g) of this 21 section, the applicant shall be issued a permit by the chief of police or his or her 22 designee, provided that the applicant has not been convicted of a felony or crime of 23 moral turpitude within seven (7) years prior to the date of application. Further, the permit 24 shall be denied if the applicant has been denied a permit or has had a permit revoked 25 under any statute or ordinance similar in substance to the provisions of this section, and 26 may be denied if the applicant has been a principal or associate in any partnership, 27 corporation or other business enterprise which has been subject to civil or criminal 28 penalty or any order to cease doing business issued by a federal, state, or local 29 governmental law enforcement or consumer protection agency. 30 (c) The chief of police, prior to issuance or renewal of a permit, shall 31 determine that the applicant intends to conduct business at a fixed and permanent 32 location, and shall require proof of ownership of the proposed business premises by the 33 applicant or the applicant's employer, or evidence of a valid lease of such premises held 34 by the applicant or the applicant's employer. Conduct of business from a hotel, motel, 35 temporary lodging unit or similar location shall not satisfy the requirements of this 36 section. 37 (d) No more than sixty (60) days prior to issuance of the permit required by 38 this section, the applicant must have any weighing devices used in the business 39 inspected and approved by local or state weights and measures officials and present 40 written evidence of such approval to the chief of police or his or her designee. 41 (e) This permit shall be valid until the end of the current business license year 42 and may be renewed in the same manner as such permit was initially obtained upon 43 payment of an annual permit fee. No permit shall be transferable. 44 (f) If the business of the applicant is not operated without interruption, with 45 Saturdays, Sundays and recognized holidays excepted, the applicant shall notify the 46 chief of police of all closings and reopenings of such business. The business of an 47 applicant shall be conducted only from the fixed and permanent location specified in the 48 application for a permit. 49 (g) The initial and annual permit fee shall be the amount set forth in section 50 27-3(b)(5) for a dealer as defined in section 18-76.1, and two hundred dollars 51 ($200.00) for a pawnbroker, or secondhand dealer, and fifty dollars ($50.00) for a junk 52 dealer; provided, however, that if an applicant applies for an initial or renewal permit 53 as a dealer of precious metals and gems at the same time as the applicant applies for 54 an initial or renewal permit as a pawnbroker, junk dealer or secondhand dealer, the 55 applicant need only pay the three hundred dollar ($300700) ($550) permit fee. If the 56 chief of police refuses to issue such permit, the applicant shall be notified, in writing, 57 of the reasons for the refusal and the applicant may appeal such refusal to the city 58 council within thirty (30) days from the date of such notice. 59 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 60 day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: / # . '& a. iii! Chief James A. ervera Eliz.i-th B. DeJarnette Police Department City Attorney's Office CA13944 R-1 March 7, 2017 lel'm CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the City's Resort Open Air Café Franchise Regulations MEETING DATE: March 21, 2017 • Background: The City's current Resort Open Air Café Franchise Regulations ("Regulations") apply to property adjacent to streets, the boardwalk, connector parks, Atlantic Avenue, Atlantic Avenue side streets and select gateway locations west of Pacific Avenue in the Resort Tourist Districts and the Oceanfront Resort District. In 2015, the Virginia Beach City Code was amended to add the new ViBe District as an arts and cultural district. The City's Resort Advisory Commission recently met and recommended revisions to the Regulations. The primary purpose of the revisions is to allow open air cafés in locations west of Pacific Avenue, in the ViBe District, as an added amenity for residents and tourists. Additional revisions to the Regulations are summarized below. • Considerations: The Resort Advisory Commission desires to amend the Regulations to 1) expand the category of open air cafés previously referred to as "Gateway Café" to include cafés west of Pacific Avenue in the ViBe District ("WPA Cafés"); 2) prohibit live or recorded music in WPA Cafés after 10 p.m.; 3) encourage bicycle parking in the Connector Park Café area; 4) update the franchise fee schedule charged by the City; 5) eliminate outdated references in the Regulations; and 6) make other minor revisions. The current Regulations prohibit live music in the "Gateway Café" category after 10 p.m. on Sunday through Thursday nights. The proposed amendment to the Regulations prohibits live or recorded music in the new WPA Café category after 10 p.m. seven days a week. • Public Information: Information will be disseminated to the public through the normal process involving the advertisement of the City Council agenda. • Recommendation: Adoption of ordinance • Attachments: Ordinance and Exhibit 1, Redline of Proposed Amendments to the City's Resort Open Air Café Franchise Regulations Recommended Action: Approval //�[,, P Submitting D • . p - r •ency: Convention and Visitors Bureau jK G City Manager. 1 AN ORDINANCE TO AMEND THE CITY'S RESORT 2 OPEN AIR CAFE FRANCHISE REGULATIONS 3 4 WHEREAS, the City's current Resort Open Air Café Franchise Regulations 5 ("Regulations") apply to property adjacent to streets, the boardwalk, connector parks, 6 Atlantic Avenue, Atlantic Avenue side streets and select gateway locations west of 7 Pacific Avenue in the Resort Tourist Districts and the Oceanfront Resort District; and 8 9 WHEREAS, in 2015, the Virginia Beach City Code was amended to add the new 10 ViBe District as an arts and cultural district; and 11 12 WHEREAS, the City's Resort Advisory Commission ("RAC") recently met and 13 recommended revisions to the Regulations; and 14 15 WHEREAS, the primary purpose of the revisions is to allow open air cafés in 16 locations west of Pacific Avenue, in the ViBe District, as an added amenity for residents 17 and tourists; and 18 19 WHEREAS, the RAC desires to amend the Regulations to 1) expand the 20 category of open air cafés previously referred to as "Gateway Café" to include cafés 21 west of Pacific Avenue in the ViBe District ("WPA Cafes"); 2) prohibit live or recorded 22 music in WPA Cafés after 10 p.m.; 3) encourage bicycle parking in the Connector Park 23 Café category; 4) update the franchise fee schedule charged by the City; 5) eliminate 24 outdated references in the Regulations; and 6) make other minor revisions. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA: 28 29 That the City's Resort Open Air Café Guidelines are hereby amended to read as 30 set forth in the attached Exhibit 1, Redline of Proposed Amendments to the City's 31 Resort Open Air Café Franchise Regulations, a true copy of which is hereto attached. 32 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: Mike Eason Aimee Sullivan Convention and Visitors Bureau City Attorney's Office CA13941 R-2 March 8, 2017 • • ' . . '-'"'-.,. ,... ; , . _ __ _Al-- __,--4— . _ ---- • ; . ,- ,-----v-ir ---3\-- - ,,- ., ..... OA - ‘_--+ -A c---- --- _-_-_r; _ .0 k , .... ____--A sot° -- _ . -. -- -\ •••__... ---\ __A ..._,, • . , _ ,.... ---.--- - '''..., -- \ WM* '. - 10 :. _- j ilv. _l_P:\IE "--‘ 11_ .., _ woo _____ __1 ___ . 101 utust virok __06L ____A \ .0.0 , . . c _. _ rig' , - , ., ..,- , ,, ... 090 . 1 — --1-,n.- 11701111s - - ‘71- klit _a WOO - 11- • --\--- \ ,__ ss C' A ' '`_--:: 1 \ (----- \ (11.-- ,-\cn ct 1 — !--- N \ ._-----.--, 1- Z I; _.,\ --.- --- --------i '--A 0 0 N , tn ' • CC- 7 -' I‘AEDVT °R1\ - ' ---j .,,,.- ..:2,' • ,, , '.-.; -,. _ • -• :__-1--r:3,. . L..,_i, '-'-- ,-,i, „,. \ ... .01 .....„ ,,,ii....,. „ . ..4. .. :,.,,A ,. _ ____.. __---\ rik_i-3 , .. ,.. \_----ikE:Ss --- Wil LA 0...,ve-i1.424 '..-2, 4:r...:::: „C3 -----__, , v____ loto ulti creel' Iii•-••• . _\ 000 -- \J . ,si•Trti 46_ 4 ...,.__... .. .._, v. .. t...2.,,,,:l 1.,...30 111,06* opt_ wi,,,01 We ---\ ...---..4a , ,i,p, .... ig, \ \ ilifoolil vti . ..w roe . I— . \ U -41 -41116 tr) , 0 , it A...%.-. 4 iiiiklietiocitt,.,, ,,,.., C•1 u,..1 , , 4 > .z-- ._, ...__ •., ••,,,,t4' ''''''444 (f) 1-- E --- ga. -''' ---'-- " r. 1 U , . •,,,:a....41 qw V PI ,-, i irIfil E f- ,- :,!. , ___--T----- , Exhibit 1 RESORT OPEN AIR CAFE FRANCHISE REGULATIONS February 1, 2017 is-0--4_ C If i . Ar1,-- -iaklIllPr 11 Fye ` - \r a' I w .' II p A jf . ,;N. CITY OF VIRGINIA BEACH RESORT OPEN AIR CAFÉ FRANCHISE REGULATIONS SECTION 1. GENERAL PURPOSE Rev. 07_10 201202.01;`17 1. 1 The Resort Open Air Café regulations are for the RT-I,atm RT 3 Resort Tourist Districts and OR Oceanfront Resort DistrictDistricts located in the resort area specifically identified as adjacent to the Boardwalk,Connector Parks,Atlantic Avenue,Atlantic Avenue side streets,and in selected Gateway locations west of Pacific Avenue. The Café Franchise Program is designed to allow and encourage outdoor cafes on the public right-of-way fronting pedestrian-oriented ways where they are appropriate,and will promote an ambiance conducive to public health, safety,general welfare,and serve as a public amenity. The goals of the program are as follows: 1.1.a To promote cafes as visual amenities which improve the appearance and pedestrian ambience of the Boardwalk,Connector Parks,and pedestrian- oriented street frontages. 1.1.b To preserve and enhance the character of the resort area and to promote the most desirable use of public property. 1.1.c To ensure that adequate clearance is maintained for pedestrians and bicyclists adjacent to cafes. 1.1.d To establish administrative and enforcement procedures for Open Air Cafes that are effective,efficient,and enforceable. 1.1.e To ensure the construction of attractive,lightweight,removable structures. SECTION 2. DEFINITIONS 2.1 Resort Open Air Café:an outdoor dining facility directly adjoining an existing restaurant in the RT-4 or RT 3 Resort Tourist Districts or OR Oceanfront Resort District,franchised to operate on public property.All facilities to be considered for this program are required to provide waiter/waitress service,from a full service menu served on non-disposable dishware,in a specific semi-enclosed café space as described herein.A franchise for these cafés will only be granted to those restaurants located on private property with 80%or more of interior space dedicated to table and chairs for sit down service by a waiter or waitress.No portion of an Open Air Café shall be used for any purpose other than dining or related circulation.Cafes must have direct access to the host restaurant.All cafes and the required adjacent/operating business shall meet all ADA requirements (including rest room facilities within restaurant).Café Categories,each with requirements specific to their locations,are described below: Res,.2 I 17 Category A-Boardwalk Café. A resort open air café located on public property facing the boardwalk in the R4-4-OR zoning district. Category B-Connector Park Café. A resort open air café located on public property in a Connector Park itibetween Atlantic Avenue and the R4=-1-zetliftg districts:boardwalk The Café shall not-extend East of the building's property line. Category C-Atlantic Avenue Sidewalk Café. A resort open air café located on the public sidewalk along Atlantic Avenue in the OR Oceanfront Resort District not including those located between 15th and 24th Streets(See Category E). Category D-Atlantic Avenue Side Street Café. A resort open air café in the ' ' • •- •• ! • -or OR Oceanfront Resort District located on the public sidewalk on numbered side streets between Atlantic and Pacific Avenues. Category E-Atlantic Avenue Sidewalk Cafe-15th to 24th Streets. A resort open air café located on the public sidewalk along Atlantic Avenue in the OR Oceanfront Resort District between 15th and 24th Streets on Atlantic Avenue. _ Formatted:Indent:Left: I" Category F- West of Pacific Avenue Cafe A resort open air café located on public property from Pacific Avenue,westward,in the RT Resort Tourist District grand OR Oceanfront Resort District, fronting on city designated Gatewa-y streets. 2.2 Obstruction: Public infrastructure improvements such as traffic signal poles,sign poles, light poles,planting areas,tree grates,trees,trash receptacles,benches,bike racks,parking meters,etc.,that may impede the flow of pedestrian traffic. SECTION 3. FACILITIES NOT CONSIDERED FOR THE CAFÉ PROGRAM 3.1 Fast Food Establishments. An establishment, franchised or otherwise,that offers quick food service of items already prepared and held for service;or prepared,fried,griddled quickly or heated in a device such as a microwave oven; and/or orders arc not taken at the customer's table;and food is generally served from a counter in disposable wrapping or containers,will not be considered for outdoor cafes. SECTION 4. OPERATIONAL REQUIREMENTS-ALL CAFES 4.1 In order to be considered for approval under the Resort Open Air Café Program, the Applicant must agree to meet the following Operational requirements: 3 4.1.a Cafes must provide full waiter/waitress table service,from a full service menu served on non-disposable dishware,as defined in par.2.1. 4.1.b All patrons of cafes shall be seated while in the cafe area. 4.1.dc Patrons may consume alcoholic beverages in these cafes that have been prepared within the host restaurant,in compliance with state ABC regulations. Café employees shall not prepare or pour alcoholic beverages within any café. 4.1.d Solicitation of any type,as described in Section 26-3 of the City code, from any café will result in immediate termination of franchise agreement. SECTION 5. ENTERTAINMENT/AMPLIFIED MUSIC 5.1 Live or recorded entertainment is allowed under the following conditions in all outdoor cafes,unless noted otherwise in specific Café Categories herein. 5.1.a Between the hours 12:00 p.m.and 11:00 p.m. only. 5.1.b Solo or duo live entertainment only.Connecting cafés do not constitute more than one entertainment venue. 5.1.c The café franchise agreement administrator/city officials shall have the sole discretion in determining if the music sound level emanating from the café is considered loud or disturbing. Amplification of music shall be directed within café area. 5.1.d Café operators shall receive one written warning that the music does not comply with the café regulations. Upon notice of a second violation,the café will forfeit their entertainment within the café for the remainder of the season. Subsequent violations will be grounds to terminate the café franchise agreement. SECTION 6. GENERAL CAFÉ REQUIREMENTS Requirements apply to all outdoor cafes, unless noted otherwise in specific Café Categories herein. 6.1 Size: Improvements on public property may not cover more than the front face of the operating business building or exceed a total of 800 sq ft. In addition,the scale,proportion,and overall design of the cafe shall be reviewed by City staff to ensure the café is compatible with the adjacent building,the street block face,and the overall goals of the Resort Area Facade Program and the Resort Streetscape 4 Improvements.The size of the café must maintain clearances as outlined in each section from public infrastructure improvements such as traffic signal poles,sign poles, light poles,planting areas,tree grates,trees,trash receptacles,benches,bike racks,parking meters,etc.,that may impede the flow of pedestrian traffic. 6.2 Access: Only one well-defined entrance opening is permitted to the café area;the café area must be connected to the corresponding business entrance.Orientation of that opening will be reviewed by the City staff according to pedestrian safety and the aesthetic requirements of each location.Access will meet all ADA Standard Disability Access requirements. 6.3 Perimeter Fence: A perimeter fence is required,and shall be a minimum of thirty (30)inches in height and maximum 42"height. It shall be constructed of finished painted wood, factory-finished metal,or a manufactured fiberglass railing system. All café perimeter fence systems shall be reviewed by the city prior to approval for their use. Planter systems are encouraged to complement the fencing system. 6.4 Canopy:Canopies, where permitted or required,shall be a soft top,demountable canopy constructed as specified herein. The canopy shall only cover the top of the Café,except that transparent vinyl or plastic curtains may be used on the sides as windbreaker during inclement weather only. At no point shall the height of the canopy be lower than eight(8)feet above the floor of the Café. The valence of the awning shall not exceed twelve(12)inches in height. If umbrellas are used the name of the café may appear on the valence of each umbrella. All canopies shall be constructed of fire resistant vinyl fabric or canvas as approved by the City of Virginia Beach Planning Department/Permits and Inspection Division,and shall meet all applicable Building,Structural,and Fire Codes. Supporting Structure shall be metal pipe or tube system not to exceed 2"in Diameter. Requests for Deviations shall be individually reviewed by the City. The structure must be dismantled easily and not permanently attached to adjacent building. 6.5 Fixtures& Furnishings:The furnishings of the interior of a resort open air café shall consist solely of moveable tables and chairs and decorative accessories. Tables and chairs shall be constructed of stainless steel,fiberglass, powder coated aluminum or other metal,painted wood,high density polyethylene(HDPE)or an approved site furnishing system. All café furnishings shall be reviewed by the city prior to approval for their use. In no event shall such objects penetrate the exterior perimeter boundary or the canopy. Planter boxes on café railing are encouraged.All movable objects required for operation of a resort café shall be removed from the café area and stored out of view during adverse weather conditions acclaimed by the City,or 5 when the café is not in operation for more than a five(5)day period.These objects include tables,chairs,furnishings,and decorative fixtures. Plantings in boxes or planters shall be properly maintained year round,or shall be removed when the café is not in operation. 6.6 Lighting:Onlyine-andeseentceiling lighting,candles,Christmas lights,and ceiling fans are permitted on the interior of the RT and OR Oceanfront Resort District Cafes 6.7 Signs:One(1)menu board is permitted within the perimeter of the resort open air cafes. The menu board shall not be larger than five(5)square feet. The name of the establishment may be painted or sewn in a single location on the valence of the canopy with a maximum of eight(8)-inch lettering. 6.8 Storage: Storage of any kind is not permitted on public property; including trash or refuse. 6.9 Maintenance:Cleanup and necessary maintenance of the area of a Resort Open Air/Boardwalk Café including landscaped areas,planter boxes and City property adjacent to café is the sole responsibility of the designated franchisee. SECTION 7. SPECIAL CAFÉ REQUIREMENTS,BY CATEGORY 7.1 Category A-Boardwalk Cafés. 7.l.a Setbacks:Category A cafes shall have a minimum setback of ten(10)feet from the western edge of the bicycle path. Pending review of specific café site plans,additional setbacks and clear path space may be required. 7.1.b Canopy: Category A Cafes are required to have a Canopy complying with Section 6.4. 7.1.c Plantings: Planting beds shall be provided and properly maintained by the owner/applicant around the perimeter of the Boardwalk Café.The Planting bed(s)adjacent to the café shall extend a minimum of five(5)feet and a maximum of ten(10)feet into the right of way. Site specific issues that warrant a deviation from the minimum and maximum requirement will be considered.The City Landscape Services Department shall review and approve the applicant's landscape plan prior to operating the café. 7.1.d Access: Only one well-defined entrance opening connected to an existing or new walkway system which connects to the boardwalk shall be permitted. Access will meet all ADA Standard Disability Access requirements.Only one five(5)foot walkway is permitted. 6 7.1.e Bicycle Parking Area: Bicycle parking areas are recommended to be integrated with the café improvements. The bicycle parking area will be a minimum of approximately eight(8)feet by eleven(11)feet concrete, brick pavers,or similar paved area with a single-lead2-point support bicycle rackracks,such as inserted"U"racks.This area will not be included in franchise café area allowance;however,it should be made available for general public use. 7.1.f Floor: Floor shall be a smooth clean permanent surface as required by the Health Department. 7.1.g Perimeter Fence: In addition to materials listed in Sec 6.3,glass block, pre-finished decorative masonry block or brick are also permitted materials in this café category. 7.2 Category B-Connector Park Cafés. 7.2.a Setbacks: Category B Cafes are required to have minimum setback of ten (10)feet from the Atlantic Avenue curb line. The Café is not to extend east of the building's property line. Pending review of specific café site plans,additional setbacks and clear path space may be required. 7.2.b Floor: Floor shall be a smooth clean permanent surface as required by the Health Department. 7.2.c Canopy:Canopies are permitted but not required unless hotel rooms and balconies are directly above café area. Umbrellas are permitted. 7.2.d Perimeter Fence: In addition to materials listed in Sec 6.3,glass block, pre-finished decorative masonry block or brick are also permitted materials in this café category. 7.2.e Planting: Planting beds shall be provided and properly maintained by the owner/applicant around the perimeter of the Boardwalk Café.The Planting bed(s)adjacent to the café shall extend a minimum of five(5)feet and a maximum of ten(10)feet into the right of way. Site specific issues that warrant a deviation from the minimum and maximum requirement will be considered. Additional planting may be required by City Staff for � Category B Cafes(Connector Park Cafes)to tie in with existing connector park configurations. The City Landscape Services Department shall review and approve the applicant's landscape plan. 7.2.f Access:One well-defined opening is required. Orientation of that opening will be reviewed by the City staff according to pedestrian safety and the aesthetic requirements of each location. Access will meet all ADA Standard Disability Access requirements. 7.2.g Bicycle Parking Area: Bicycle parking areas are Gemeetec-Peflencouraged in the Connector Parks. The bicycle parking area will be a minimum of eight(8)feet by eleven(11)feet concrete,brick pavers,or similar paved area with 2-point support bicycle racks,such as inverted"U"racks.This area will not be included in the franchise café area allowance;however,it should be made available for general public use. Category B Cafes(Connector Park Cafes)must use existing parking racks. 7.2.h Service Bar Openings: Service bar openings for waiter/waitress use are allowed into a Connector Park Café only. Service bar opening will be maximum of 5 feet wide. Operation of bar must meet all ABC regulations. 7.3 Category C-Atlantic Avenue Sidewalk Café,not including those located between 15th and 24th Streets(See Category E) 7.3.a Setback: Category C Cafes are required to be setback a minimum of eight (8)feet from the curb line and all obstructions in the public right-of-way. Pending review of specific café site plans,additional setbacks and clear path space may be required. The minimum distance shall be measured from the portion of the café frontage which is nearest the obstruction. 7.3.b Floor: Only the existing paving or sidewalk is to be used for the café. Should the building be setback from the curb line,the development of new surfaces for seating may be permitted. 7.3.c Canopy: Canopies are not allowed for Category C Cafes,but awnings,as allowed through the Resort Area Facade Program are permitted. Awnings extending beyond the dimension permitted in the Resort Area Facade Program(3')may be permitted based on review by City staff and the Resort Advisory Commission(RAC). Umbrellas are permitted. If umbrellas are used,the name of the café may appear on the valence of each umbrella. 7.3.d Planting: Perimeter planter boxes are required;selection of plantings will be reviewed and approved by City staff. All such planters or plantings shall be on or within the allowable café area,and shall be properly maintained by the applicant at all times. 7.3.e Size:Category C Cafes may not cover more than the front face of the operating business building. In addition,the scale,proportion,and overall design of the café shall be reviewed by City staff to ensure the café is compatible with the adjacent building,the street block face,and the overall goals of the Resort Area Facade Program and the Resort Streetscape Improvement Program Rev.2/1/1 7 7.3.f Bicycle Parking Area: Bicycle parking areas are not allowed.Category C Cafes must use existing bike racks. 7.4 Category D-Atlantic Avenue Side Street Café. 7.4.a Setback: Category D Cafes(Atlantic Avenue Side Street Cafes)are recommended to be set back eight(8)feet from the curb line,but a minimum distance of(6)feet clear sidewalk width,from the curb line and all obstructions in the public right-of-way. Pending review of specific café site plans,additional setbacks and clear path space may be required. The minimum distance shall be measured from the portion of the café frontage which is nearest the obstruction. 7.4.b Floor: Only the existing paving or sidewalk is to be used for the café. Should the building be setback from the property line,the development of new surfaces for seating may be permitted on private property only. 7.4.c Canopy: Canopies are permitted but not required. Umbrellas are permitted 7.4.d Planting: Perimeter planter boxes are required;selection of plantings will be reviewed and approved by City staff. All such planters or plantings shall be on or within the allowable café area,and shall be properly maintained by the applicant at all times. 7.4.e Size: A Category D Café may not cover more than the front face of the operating business building. In addition,the scale,proportion,and overall design of the cafe shall be reviewed by City staff to ensure the café is compatible with the adjacent building,the street block face,and the overall goals of Resort Area development guidelines in affect at the time of application. 7.4.f Bicycle Parking Area: Bicycle parking areas are not allowed.Category D Cafes must use existing bike racks. 7.5 Category E-Atlantic Avenue Sidewalk Cafe-15th to 24th Streets. 7.5.a Setback:Category E Cafes are required to be setback a minimum of eight (8)feet from the curb line and all obstructions in the public right-of-way. Pending review of specific café site plans,additional setbacks and clear path space may be required.The minimum distance shall be measured from the portion of the cafe frontage,which is nearest the obstruction. Formatted:Footer,Widow/Orphan control I Rev 2'1'17 �) 7.5.b Floor:The existing paving or sidewalk is to be used for the café. Should the building be setback from the curb line,the development of new surfaces for seating may be permitted on private property only. 7.5.c Awnings:Canopies are not allowed for Category E Cafes,but awnings as allowed through the Resort Area Facade Program are permitted. Awnings extending beyond the dimension permitted in the Resort Area Facade Program(3')may be permitted based on review by City staff and the Resort Advisory Commission(RAC) Planning Design Review Subcommittee(PDRC).Umbrellas are permitted. If umbrellas are used the name of the café may appear on the valence of each umbrella. 7.5.d Planting: Perimeter planter boxes are required;selection of plantings will be reviewed and approved by City staff. All such planters or plantings shall be on or within the allowable café area,and shall be properly maintained by the applicant at all times. 7.5.e Access:Cafes shall be accessed from the interior of the restaurant and not from the Atlantic Ave. sidewalk area. Special consideration should be given to refurbishment of the restaurant facade to allow access to the café from the interior of the restaurant at another location than the main restaurant entrance. French doors or similar door systems should be used to open the existing restaurant directly on to the outdoor café so as to not conflict with the main restaurant entrance area. No serving counters are permitted from the restaurant to the café.Orientation of that opening will be reviewed by the City staff according to pedestrian safety and the aesthetic requirements of each location.Access will meet all ADA Standard Disability Access requirements. 7.5.f Size: A Category E Café may not cover more than the front face of the operating business building. In addition,the scale,proportion,and overall design of the café shall be reviewed by City staff to ensure the café is compatible with the adjacent building,the street block face,and the overall goals of the Resort Area Facade Program and the Resort Streetscape Improvement Program. 7.5.g Bicycle Parking Area: Bicycle parking areas are not allowed.Category E Cafes must use existing bike racks. 7.5.h Special Franchise Requirements: Every Category E Cafe(Atlantic Avenue Sidewalk Cafe--15th to 24th Streets)franchise agreement shall contain the following special requirements,which shall control in the event of a conflict with any other provisions of the Resort Open Air Café Regulations: Formatted:Footer,Widow/Orphan control I Rev 2/1/17 111 • 1. Alcoholic beverages shall only be served with meals,and only in unbreakable drink ware; 2. The operator shall not permit persons other than patrons or employees of the establishment to enter the premises or to congregate therein,other than those patrons seated at tables provided by the establishment; 3. In the event a public safety official determines that the open air café should be closed earlier than the normal closing time for reasons of crowd control,unruly behavior either within the establishment or in nearby areas,or for other reasons related to preservation of public safety or public order,the operator shall close the open air café immediately or at such later time as directed by the public safety official,and the willful failure or refusal of any person to comply with such order shall be punishable as a misdemeanor,as provided by City ordinance; 4. The establishment must offer a full service menu(a copy of which shall be provided to the City Manager as part of the franchise application),and the open-air café may remain open only so long as all regular menu items served by the establishment are available to patrons; All tables and chairs shall be removed from the premises upon the close of business each day and stored inside the establishment,and the operator shall not permit the franchised area to be used for storage of furniture or equipment or for any purpose other than as an open-air café; 6. The operator shall not allow persons awaiting entry into the establishment or open-air café to form lines on the sidewalk,but shall admit patrons only from the inside of the establishment;and 7. The operator shall strictly comply with all fire,building,zoning, alcoholic beverage control,or health regulations in the operation of the open air café and the remainder of the establishment. 7.5.i Facade Review and Improvements: Prior to the consideration of any application for a Category E(Atlantic Avenue Sidewalk Cafe--15th to 24th Streets) franchise,the applicant must submit a preliminary concept of the proposed cafe,including photographs of the existing facade of the associated restaurant building and adjacent building facades,and architectural renderings demonstrating how the café will be integrated with the associated restaurant building's facade. 7.5.j The facade must be structurally sound and in good repair,and the I I t Formatted:Footer,Widow/Orphan control J proposed café and facade must be consistent with the Resort Area Facade Program Design Guidelines. 7.5.k The Resort Advisory Commission Design Committee will review the proposed café and the condition of the existing building facade and either (1)approve the preliminary concept or(2)provide the applicant with recommended changes for the proposed café,the facade or both. Only after the preliminary concept is approved will an application for a Category E franchise be considered under section 6.1. 7.5.1 The effective date of this subsection shall be January 1,2006. No Category E franchise shall be granted or renewed for a term that extends beyond April 30,2006,unless the franchisee has complied with the requirements of this subsection. 7.6 Category F—Gateway West of Pacific Avenue Café. 7.6.a The scale,proportion,material selection,and overall design of each Gateway Cafeof these Cafes shall be reviewed by City staff to ensure the café is compatible with the adjacent building,the street block face,and the overall goals of Resort Area development guidelines in affect at the time of application. 7.6.b Setback:Category F Cafes are required to be setback a minimum of eight (8)feet from the curb line and all obstructions in the public right-of-way. ADA minimum compliance of a 5'clear path may be considered based on actual site conditions. Pending review of specific café site plans,additional setbacks and clear path space may be required.The minimum distance shall be measured from the portion of the café frontage which is nearest the curb or obstruction. 7.6.c Floor: The existing paving or sidewalk, if existing,shall be used for the café floor. New floor shall be a smooth clean permanent surface as required by the Health Department. Material shall be appropriate for each given location,and shall be reviewed and approved on a site-specific basis. 7.6.d Awnings: Requests for Canopiescanopies will be reviewed on a case by case basis,depending on location. 7.6.e Planting: Perimeter planter boxes are required;selection of planter boxes and plantings will be reviewed and approved by City staff. All such planters or plantings shall be on or within the allowable café area,and shall be properly maintained by the applicant at all times. I {Formatted:Footer,widow/Orphan control -J Rev 2/1/17 • 7.6.f Size:A Category OF Café may not cover more than the of the ro ert of the operating business building. fro°tam 7.6.g Given the close proximity of Category F cafes to residential neighborhoods,eefecafes shall remain open no later than midnight.Live Masi-60r recorded entertainment shall not be permitted after 10:00 pm • (Formatted:Indent:Left: I",Hanging: 0.5" SECTION 8. ADMINISTRATION AND ENFORCEMENT 8.1 Franchise Requirements Formatted:IRev 2/t/I7 ed:Footer,Widow/Orot en ommol In order to create a Resort Open Air Café on public property,the granting of a franchise agreement is required.Franchise Agreements shall be granted only after project data has been properly submitted by the Applicant,reviewed by City Staff and the Resort Advisory Commission, and approved by the City Council of Virginia Beach. The regulations herein are intended to establish the necessary criteria with which the Resort Open Air Cafes shall first comply in order to be eligible for consideration for such a franchise agreement. A Non-refundable fee of one-hundred dollars($100.00)shall be paid to the City for the processing of an application for a franchise. The City Manager or his designated representative shall not accept any application unless such fee be paid at the time application is filed. City Council may deny or grant a franchise subject to such terms and conditions as City Council may,in its discretion deem proper. Notwithstanding any other provision of law,City Council shall deny any franchise request it determines,in its discretion,to be detrimental to the public health,safety,and welfare or interest. Upon approval of the Franchise Agreement,the Applicant shall satisfy Insurance requirements and Franchise Fees,as listed below,prior to beginning construction of the Café. 8.2 Submittal and Review Procedures Construction activity is prohibited on Resort Open Air Cafés between May 1 and October 1. Review and approval procedures require a minimum of 3 months;longer if changes to original plans are required. It is strongly suggested the Applicant begin the Café Franchise review process in November to allow sufficient time for approval procedures and construction completion before the May 1st deadline. 8.2.a Preliminary Review(Approximate review time—1 week) 8.2.b Prior to submitting a Franchise Application,the Applicant shall review the RESORT OPEN AIR CAFE FRANCHISE REGULATIONS,herein,and submit Preliminary project information to the designated gGA Resort Management Office representative(757-385-4800)to determine the feasibility of the project. The following are required for the preliminary review: Rev 2/1/17 1. A Survey(if available)of the existing property. 2. A rough drawing showing the existing building outline, property lines,and proposed café location. 3. Photographs of the proposed cafe site,existing building facade(s),and adjacent property on each side. Data may be submitted in person,or by mail or email. If the project is deemed feasible,the Applicant will be instructed to complete a Cafe Franchise Application. 8.2.c Café Franchise Application(Approximate review time—4 to 8 weeks,plus time for revisions and resubmittal,if required) Applicant shall submit completed Cafe Franchise Application, along with the$100.00 Application Fee,to the designated SGA Resort Management representative.Applications for cafe franchises will not be accepted after March 1,preceding the summer season of anticipated operation.No application shall be processed for the year in question that fails to meet the application deadline. The following are required to be submitted,in triplicate(3 copies)along with the application,for review: 8.2.d Physical Survey:Sealed by land surveyor,no older than 90 days. Survey shall show all existing property lines,easements,buildings and other structures,to the curb line and/or edge of boardwalk/connector park,and including public sidewalk showing all obstructions such as light poles,trash receptacles,etc,for the length of the property across it's street(or boardwalk/connector park)frontage. 8.2.e Photographs of the proposed cafe site,existing building fapade(s), and adjacent property on each side. 8.2.f Proposed Site Development Plan,including Landscape Plan, where landscape is required.The site plan shall be prepared using a minimum scale of 1"= 10'-0"and shall show by name and dimension,proposed and existing walkway systems,and proposed Open Air Café,setbacks,minimum clear path on sidewalk between face of café and obstructions,access into cafe,and from café into attached restaurant,perimeter fence,and table/chair layout. ReN2117 4.11 8.2.g Front&Side Exterior Elevations: Elevations shall be prepared using a minimum scale of 1/4"= l'-0"and shall show proposed café'and façade of existing structure directly adjoining the proposed café. A minimum of two elevations are required:one front elevation and one side elevation,dimensioned to show height of vertical elements.All materials shall be identified on drawings. 8.2.h Finish Schedule: Shall include all finish materials proposed for the Open Air Café construction including flooring,railing system, canopy and canopy supports,and proposed plant materials. 8.2.i Proposed Fixtures and Furnishings: Images of all proposed furnishings,including tables,chairs,umbrellas,planters,etc. 8.2.j A letter of support from the property owner(if the Applicant is not the property owner)for the café addition. 8.2.k Upon receipt of the complete Application package,the SGA-Resort Management Office will forward a copy to the Planning&Design Review subcommittee(PDRC)of the Resort Advisory Commission(RAC)for review and comment at the next scheduled meeting.The SGAResort Management Office representative will assist the Applicant in establishing a review date and time.The Applicant(or representative designated by the Applicant)is encouraged to attend the review session and to bring other supporting drawings,images,etc.,if desired. 8.2.1 Upon successful completion of the review,the PDRC will recommend approval and/or provide written review comments indicating required revisions.The recommendations will be forwarded to the next scheduled meeting of the Resort Advisory Commission for a vote to support the Application.If supported, The RAC will convey this recommendation to the City Council. The-SGA Resort Management Office Representative will request that the City Attorney's Office draft an agenda request and ordinance for City Council's approval or denial of the Cafe Franchise Agreement. 8.3 Permits and Inspections Review(Approximate approval time—2 to 4 weeks) 8.3.a If the Café project is supported by the RAC,the Applicant is encouraged to submit drawings to the Virginia Beach Department I Rev 2 1:17 of Permits and Inspections to determine review and permitting procedure. 8.3.b Applicant will be required to submit drawings and payment of required review fees. Permits and Inspections will review the plans to determine compliance with applicable Building Codes,and will notify applicant the level of review required.Once approved,the building permit will be held pending approval or denial of the café Franchise agreement by City Council. If approved by City Council, applicant may obtain required building permit and any required right of way permit. 8.3.c Approval of the Health Department and(when applicable)the State of Virginia Alcoholic Beverage Control Board is required for operation Note:Cafes connected to a hotel/motel may be required to install a fire suppression sprinkler system if side curtains are installed. Confirm requirements with Permits and Inspections. 8.4 Insurance and Fees 8.4.a Applicant will provide liability insurance coverage not less than one million dollars($1,000,000)for personal injury and property damage as required. 8.4.b The franchise fee is to be determined on a gross square foot basis/per year,payable to the City of Virginia Beach no later than May of the year in effect. The fees are as follows: Category A: Boardwalk Café Category B: Connector Park Café Category C: Atlantic Avenue Sidewalk Café Category D: Atlantic Avenue Side Street Café Category E: Atlantic Avenue Sidewalk Cafe-15th to 24th Streets Category F: GatewayWest of Pacific Avenue Café 281-2201 2813201 2844201 2814202 2816202 8 9 0 1 Formatted:Highlight — — — I Category A 8.6310.0 84810.3 9-1310.6 9.4310.9 9: 11.2 3% ** Formatted:Highlight 0 1 3 6 Category B 7,488.57 7.628.83 7.859.09 889.36 8.329.64 3% ** �; Formatted:Highlight �•, Fpmatted:Highlight Category C 64610.2 63410.5 6,5-310.8 8-7311.1 9.931 1.5 3% ** Formatted:Hghlght 3 4 6 9 Rev 2/1/17 Category D 4,94533 5.0890 5246.08 3396.26 5.366.45 3%** Category E 667.14 6.347.35 6.537.57 6-737.80 6438.03 3%** Category F 4,945.73 5.0890 5.246.08 5-346.26 5.566.45 3%** ••3%increase each year thereafter {Formatted:Font:12 pt 8.4.c Prior to commencement of operations the Grantee must execute a bond or letter of credit in favor of the City of Virginia Beach in the amount of ten thousand dollars($10,000)as determined by the Public Works Department and the Resort Management Office. 8.5 Enforcement 8.5.a The franchise period shall be for one(1)year for the first year of operation. Based upon compliance with these regulations and the Council's desire to continue to allow Open Air Cafes,an extension of the franchise may be authorized by the City Council for up to an additional five(5)year period. 8.5.b During the period in which the franchise is in effect,the Office of the City Manager or his designated representative is to enforce the provisions of the franchise agreement,and is authorized to suspend the agreement if there is a violation of the agreement. 8.5.c In the event the City determines that the Grantee has failed to properly comply with any of the terms or conditions of this Agreement,Grantee shall be given a minimum of twenty-four(24) hours and a maximum of ten(10)calendar days to remedy its non- conformance. The amount of time that Grantee shall be permitted to gain compliance shall be determined in the sole discretion of the City,by its authorized officer,agent,or employee. However, such time shall be reasonable and shall be based upon the level of severity of the noncompliance. If Grantee fails to effect compliance within the time allowed,the City shall have the right to suspend Grantee's operation, in whole or in part, until such time as Grantee shall remedy its non-compliance. 8.5.d No portion of the open air/boardwalk cafes shall open or project beyond the designated perimeters of the café area. 8.6 Revocation of Franchise: The franchise agreement shall provide that a Cafe franchise may be revoked by the City Manager whenever the City Manager determines that one of the following conditions has occurred Rev 2/1/17 1. The owner or operator of the establishment has been found guilty of a criminal offense arising from the operation of the establishment; 2. The owner or operator of the establishment has been assessed a civil penalty for violation of any fire,building,zoning,alcoholic beverage control,or health regulation arising from the operation of the establishment; 3. The presence of the open-air café is causing or contributing to a deterioration of the quality of the pedestrian experience or general environment in the area; 4. The open-air café is in violation of any material term of its franchise agreement or the Resort Open Air Café Regulations;or 5. The operator has failed to comply with an order of a public safety official of the City directing that the open-air cafe be closed,as provided by Section 5.5.N(3)of the Resort Open Air Café Regulations. 8.6.a The franchise agreement shall also provide that the City Manager may suspend the owner or operator's privilege to operate the open air café under the franchise pending a final disposition of any criminal charge,alcoholic beverage control violation,or civil infraction arising from the operation of the establishment. 8.7 Effect of Revocation of Franchise: The franchise agreement shall provide that,upon revocation or suspension of a franchise by the City Manager,the owner or operator shall immediately cease operation of the open air café and shall remove all tables,chairs and other items located on City property within twenty-four(24)hours of the revocation or suspension. As provided by City ordinance,the failure of the owner or operator to comply with the order of the City Manager revoking or suspending a franchise shall punishable as a misdemeanor. The franchise agreement shall authorize the City Manager to remove or contract for the removal of any tables,chairs,barriers and other items encroaching upon City property and charge the costs thereof to the owner or operator,which costs may be collected as real estate taxes are collected. • (Formatted:Indent:Left: 0.5",Hanging: 0.5"j SECTION 9. DEMOLITION 9.1 If applicant is required to demolish or remove café or any portion thereof, the applicant must submit approval plans to the Department of Planning for review. Rev 2/1/17 et ( f ' f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting Fourteen Franchise Agreements for Open Air Cafés in the Resort Area MEETING DATE: March 21, 2017 ■ Background: By resolution adopted November 15, 1985, City Council authorized the City Manager to promulgate Open Air Café Regulations, which have been amended from time to time, for the operation of open air cafés on public property. The City has developed a franchise agreement for the regulation of open air cafés, which the grantees are required to execute as a condition of the grant. The City Council has traditionally granted initial franchises for one-year terms. If an open air café is successfully operated during the initial one-year term, the franchisee may return to Council upon the expiration of the one-year term and request a five-year franchise agreement. • Considerations: The following thirteen entities have successfully operated open air cafés pursuant to either one-year or five-year franchise agreements, and are seeking renewal of their franchise agreements for five year terms: (1) Tampico Enterprises, Inc., t/a Abbey Road Café, for operation of an Atlantic Avenue Side Street Café; (2) Barclay Restaurant Corporation, t/a Barclay Towers Café, for operation of a Boardwalk Café; (3) Atlantic Sands, Inc., t/a Calypso Bar&Grill, for operation of a Boardwalk Café; (4)Virginia George Co., Inc., t/a Dough Boys, for operation of an Atlantic Avenue Side Street Café; (5) Four Sails Time-Share Owners Association, t/a Four Sails, for operation of a Boardwalk Café; (6) Osprov Respublik, Inc., t/a 23rd Street Bistro, for operation of a Boardwalk Café; (7) Osprov Respublik, Inc., t/a Oceanhouse Waterfront, for operation of a Boardwalk Café; (8) Luna Sea, Incorporated, t/a Luna Sea, for operation of an Atlantic Avenue Side Street Café; (9) ROTB, LC, t/a Mahi Mah's, for operation of a Boardwalk Café; (10) ROTB, LC, t/a Mahi Mah's, for operation of a Connector Park Café; (11)Atlantic Enterprises, Inc., t/a Neptune's Restaurant, for operation of a Boardwalk Café; (12) AHATA, Inc., t/a Pier 23, for operation of an Atlantic Avenue Side Street Café; and (13) Ocean Ranch Motel Corporation, t/a Timbuktu, for operation of a Boardwalk Café. Pizza Maniac, Inc., t/a 204 Grill Café, is seeking a one-year franchise agreement. • Public Information: A public notice was published in The Beacon on March 19, 2017. • Attachments: Ordinance and Disclosure Forms Recommended • ction: Adopt Ordinance Submitting D ency: Convention & Visitors Bureau/Resort Management0. City Manage :ie. 1 AN ORDINANCE GRANTING FOURTEEN 2 FRANCHISE AGREEMENTS FOR OPEN AIR 3 CAFES IN THE RESORT AREA 4 5 WHEREAS, by resolution adopted November 15, 1985, City Council authorized 6 the City Manager to promulgate Open Air Café Regulations, which have been amended 7 from time to time, for the operation of open air cafés on public property; and 8 9 WHEREAS, the City Council has traditionally granted initial franchises for one- 10 year terms; and 11 12 WHEREAS, if an open air café is successfully operated during the initial one- 13 year term, the franchisee may return to Council and request a five-year franchise 14 agreement; and 15 16 WHEREAS, the following thirteen entities have successfully operated open air 17 cafés pursuant to either one-year or five-year franchise agreements, and are seeking 18 renewal of their franchise agreements for five year terms: (1) Tampico Enterprises, Inc., 19 t/a Abbey Road Café, for operation of an Atlantic Avenue Side Street Café; (2) Barclay 20 Restaurant Corporation, t/a Barclay Towers Café, for operation of a Boardwalk Café; (3) 21 Atlantic Sands, Inc., t/a Calypso Bar & Grill, for operation of a Boardwalk Café; (4) 22 Virginia George Co., Inc., t/a Dough Boys, for operation of an Atlantic Avenue Side 23 Street Café; (5) Four Sails Time-Share Owners Association, t/a Four Sails, for operation 24 of a Boardwalk Café; (6) Osprov Respublik, Inc., t/a 23rd Street Bistro, for operation of a 25 Boardwalk Café; (7) Osprov Respublik, Inc., t/a Oceanhouse Waterfront, for operation 26 of a Boardwalk Café; (8) Luna Sea, Incorporated, t/a Luna Sea, for operation of an 27 Atlantic Avenue Side Street Café; (9) ROTB, LC, t/a Mahi Mah's, for operation of a 28 Boardwalk Café; (10) ROTB, LC, t/a Mahi Mah's, for operation of a Connector Park 29 Café; (11) Atlantic Enterprises, Inc., t/a Neptune's Restaurant, for operation of a 30 Boardwalk Café; (12) AHATA, Inc., t/a Pier 23, for operation of an Atlantic Avenue Side 31 Street Café; and (13) Ocean Ranch Motel Corporation, t/a Timbuktu, for operation of a 32 Boardwalk Café; and 33 34 WHEREAS, Pizza Maniac, Inc., t/a 204 Grill Café, is seeking a one-year 35 franchise agreement for operation of a Atlantic Avenue Side Street Café; and 36 37 WHEREAS, the Convention & Visitors Bureau/Resort Management recommends 38 that the above-named entities be granted open air café franchise agreements. 39 40 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 41 VIRGINIA BEACH: 42 43 That the City Council hereby grants five-year franchise agreements to: (1) 44 Tampico Enterprises, Inc., t/a Abbey Road Café, for operation of an Atlantic Avenue 45 Side Street Café; (2) Barclay Restaurant Corporation, t/a Barclay Towers Café, for 46 operation of a Boardwalk Café; (3) Atlantic Sands, Inc., t/a Calypso Bar & Grill, for 47 operation of a Boardwalk Café; (4) Virginia George Co., Inc., t/a Dough Boys, for 48 operation of an Atlantic Avenue Side Street Café; (5) Four Sails Time-Share Owners 49 Association, t/a Four Sails, for operation of a Boardwalk Café; (6) Osprov Respublik, 50 Inc., t/a 23rtl Street Bistro, for operation of a Boardwalk Café; (7) Osprov Respublik, Inc., 51 1/a Oceanhouse Waterfront, for operation of a Boardwalk Café; (8) Luna Sea, 52 Incorporated, t/a Luna Sea, for operation of an Atlantic Avenue Side Street Café; (9) 53 ROTB, LC, t/a Mahi Mah's, for operation of a Boardwalk Café; (10) ROTB, LC, t/a Mahi 54 Mah's, for operation of a Connector Park Café; (11) Atlantic Enterprises, Inc., t/a 55 Neptune's Restaurant, for operation of a Boardwalk Café; (12) AHATA, Inc., t/a Pier 23, 56 for operation of an Atlantic Avenue Side Street Café; and (13) Ocean Ranch Motel 57 Corporation, t/a Timbuktu, for operation of a Boardwalk Café. 58 59 That the City Council hereby grants a one-year franchise agreement to Pizza 60 Maniac, LLC, t/a 204 Grill Café, for operation of an Atlantic Avenue Side Street Café. Adopted by the City Council of Virginia Beach, Virginia on this day of 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: A, Hi Mike Eason Aimee Sullivan Convention and Visitors Bureau/ City Attorney's Office Resort Management CA13932 R-2 March 7, 2017 04-0 c-o e'- C 1tS.i.S Fc 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 each 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 C-:iS os,J se c kn?nlr. d .n faseniform are necessaryto n orm t a7, Y _ 'F'., I5 Y �G �. �._ ..� to iB ''f R'�tiiyR �i tf corf ...=f i !U (:L tg ,. SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. E Check here if the APPLICANT /S a corporation, partnership, firm, business, or FCR CITY USE OM//AI;tllxIom;as rn rt i.u-tlnteJ D..-2i <s mit a,any Page 1 of 4 Par.n:17 Cor.in r.n :ndC Y h, ertams t a t .opiir..uon(rl. i ef!ICA N.F I P 07.:tr,Aqt 1: C c A +- 0:. tEV! !et .tizatl eD raie • '.‘ i':', _ 3 \'1r glom i,each other unincorporated organization, AND THEN, complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners,•etc. below: (Attach list if�n+ecessary)) UOtt(rcti,. 6. O( 'lIWcn �[: R(— 6, / L f. L � �/ y v (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) NM- See next page for information pertaining to footnotest and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if proversy owner's different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. [T Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) EIl:ow bly J�tJ et/c LI-(-- -itx4P-ar (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) ��1 Y 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. 7: ,•;;;+:: 3 v .*t, _ . vs% _. viresmn reach t "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship' means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that snow(' be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: LYES I NO SERVICE PROVIDER (use additional sheets If needed) ❑ U Accounting and/or preparer of your tax return ❑ I.. Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ E- the Applicant) - identify purchaser and purchaser's service providers r-�( Any other pending or proposed ❑ L1 purchaser of the subject property I u (identify purchasers)and purchaser's service providers) ❑ la-,__,/ Construction Contractors IDl� Engineers /Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 3 .605tFirglnis$e? Financing (include current ❑ Pi mortgage holders and lenders selected or being considered to provide financing for acquisition �/ or construction of the property) ❑ IJ Legal Services .._/ Real Estate Brokers /Agents for ❑ +L J 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 ❑ 2/ 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 •rior to the Planning Commission, Council, VBDA meeting, or meet— • of any pu a is body or committee in connection with this Application. RIIa, '447 APPLIGA 'S SIGNAL' PRINT NAME DATE ri & ithP c Web PROPS' OWNER'S SIGNA• ' _ 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. lg7yst-z-5640 FEB-9-2037 06142FRO': $16��� ` 9252$79 70:4223666 P.2'5 From:S6A Resort MngmntfEvents 7574223666 02/08/2017 17:21 #762 P.002/605 s 5 4 tt+r 'b♦` J 6 4 iJh ,j ^.r...h Y WA, ,(h $01,42XS ,y A Y>Y 4b RV ♦i T , DISCLOSURE STATEMENT FOR' The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include,but am not linked to,the following: Acquisition of Property Disposition of City I Modification of by City I Property I Conditions or Proffers Alternative Economic Development Nonconforming U Compliance,Special Investment Program 0 se Exception for (EDIP) Changes Board Apnealsf Zoning Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness - Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area I.cast of City Property Subdivision Variance Board I Conditional Use Permit license Agreement Wetlands Board r 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. a SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, ^business,or other unincorporated organization. EY—Check here if the APPLICANT fS a corporation, partnership, firm, business, or I FOR CITY USE ONLY/AN dish,, ms must be updattd IC(I)weeks odor to any Page 1 of4 N[nnhN ComMODAO end Cps Conrail mRIMb that rI1 in51O 1be amalica1anal O APPLICANT NOTIrttD OF NEARING DAl t: NO Cwwcr5 AS OF DATE: • REVISIONS SUBMITTED UAit FEB-9-2B1r 02:42 FRUM:2UR..R4E 4252279 TO:4223666 P.3/5 Fron:S6A Resort engnnt/Events 7574223868 02/08/2017 17:23 4/e2 2.uu41uU] a Y R' 1 t y 5v t F C Ill. £' S 2ki y1r t .. A.� l a 'M fl t<= � other unincorporated organization,AND THEN.complete the fit r ,,..^""r (A) List the Applicant's name followed by the names of all officers, directors, members,trustees, partners,etc. below: (Attach list If necessary) irova-ttaticticP :nc nr irm — hwn-1t cnidma7� Kehlly 'ac61-y-Vicr Rrc \outcP tnrnst—En-D - Sernicry, (B) List the businesses that have a parentrsubsidiary 1 or affiliated business entity 2 relationship with the Applicant; (Attach fist If necessary) Sec next page for Information penalnining to footnotes' and 2 e SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only H arroneny owner Is aiKarent horn Aaadfant. ❑ heck here if the PROPERTY OWNER 1$NOTa corporation, partnership, firm, business,or other unincorporated organization. Bitcheck here If the f ROPERTY OWNER LS a corporation, partnership,firm, I 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) Sartre ctc. Qk`Olht (B) List the businesses that have a parent-subsIdiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list If necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application u to whether they have a conflict of interest under Virginia taw. FEB-9-E01/ 88:43 FR[31:8LVRAGE 4252279 T0:422366fi P.4,5 j FIVIO.O1201 OC3VIt M1I,dnIILILrC11Li IJIfLLJVVY uNVY,„,, u .C' Y,YL .uw,w� ( r� • �` rY. rk 1J'F $.t is ti . . .. 'v.I s �a Parenteubsidhry relationship' means'a relationship that nits when one corporation directly or indirectly owns shares possessing mote than 50 percent of the yadng power of another corporation' See State and Local Government Conflict of Interests Act,Va. Code 5 2.2-3101. 2 "Affiliated business entity reldonship' means It relationship, other than parenbsubsidiary relationship.that Wets when 0)one business entity has a controlling ownership interest In the other business entity,00 a controlling owner in one entity is also a controlling owner In the other irony,or MO there Is shared management or control between the business entitles. futon that should be considered in determining the existence of an affiliated business tunny relatonsNp irdode that the same person or substantially the same peen ovm or manage the two enddes;there are common or commingled funds or assess; the business entitles shut the use of the fame offices or employees or otherwise share ectMdu, resources or Personnel on a regular basis; or there Is otherwise a chose working relationship between the entitles.' See State and Local Covemmem Conflict of Interests Act, era.Code 5 22-3101. a . SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided In connection with the subieet of Me somicndon or ppv business operating or to be operated on the Progeny If the answer to any item is YES, please Identify the firm or individual providing the service: J NO SERVICE I PROVIDER ewe addrienal Owen tr netlWl Aeeouming and/or preparer of your tax return ❑ gir Architect/tandstape Architect/ Land Planner ❑ Contrast Purchaser(If other than Git the Applicant)-Identify purchaser and purchases semis*providers Any ether pending or proposed ❑ C5 - purchaser of the subject property (identify purrhaser(s)and purchaser's service providers) ❑ t onstruction Contractors ❑ Engineers/Surveyors The disclosures contained In this form are necessity to informblic Page ge3of4 officials who may vote the application as to whether they havee a conflict of interest under Virginia law. FEB-9-201f 05r49 FROM:BURLRGE 4252279 TO:4223666 P.5'5 From:SGA Resort Mngent/Events 7574223666 02!06!2017 17:25 P62 P.005)005 x aF„ {, 1.3; 3t Sh,' 6+5",,.'•.". ""x"+ . !� '..c. Financing(include current ED rte( mortgage holders and lenders -' 1A selected or being consWered to provide financing for acquisition or construction of the property) © Legal Services , j Real Estate Brokers/Agents for In 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 Reach have L� 0 of 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? CE$TIFICATION: I certify that a6 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, VRDA 'meeting, or meeting of any public body or committee in connection with this Apolleation. czar. b . C. crax-4 5t ecA_ tier' s SPEW NAME A ,n DA ,(/ L . e Jj<rG Lyen v,4 0/4 OWNER'S TUBE PNM NAB4E I DATE The disclosures contained in this form are necessary to Inform public Pape 4 of 4 officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. \\c hC Sctn& VB Vtr:inio Brach 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 apphcatlons and matters include,but are not limited to, the following: Acquisition of Property aspositlon of City Modification of by City Property Conditions or Proffers I Alternative Economic Development Compliance.special Investment Program hangeformirig Use c Exception for (EDIP) Changes Beard of Zoning Encroachment AppealsRequest i Rezoning Certificate of Floodplain Variance Appropriateness I Street Closure (Historic Review Board) Franchise Agreement i Chesapeake Bay Preservation Area Lease of City Property :Subdivision Variance Board Conditional Use Permit !License Agreement j 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 0 Check here if the APPUCANT 15 NOT a corporation, partnership, firm, business,or other unincorporated organization. 21/Check here if the APPUCANT to a corporation, partnership, firm, business,or {II Page 10/4 . .,: .. O Virginia Beach other unincorporated organization,AND THEN complete the following. (A) List the Applicant's name followed by the names of all officers,directors, members,trustees, partners.etc.below: (Artoch list if necessary) AT&Ariltic SRND.i INC, NPMMITM Q+POby /Alit M flylti N (I) 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 • e SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 poly iforoxrtr owner is different from ADMicant. ❑ Check here if the PROPERTY OWNER H NOTa corporation,partnership.firm, business,or other unincorporated organization. Er Check here if the PROPERTY OWNER IS a corporation,partnership,firm, business.or other unincorporated organization,AND THEN complete the following. (A) List the Property Owner's name followed by the names of all officers,directors, members,trustees, partners,etc.below (Attach list if necessary) HARP SON ViaEeWIA ff4ANtlC L.L HMR MRIIi.SON and John H.Harrison (RI List the businesses that have a parent-subsidiary s or affiliated business entity relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of I officials who may vote on the application as to whether they have a conflict of interest under Virginia law. YB Virginia Beach -hnnnubaidiary reianonship means 'a relationship that exists when one corporation directly or inmmctb owns shares possessing more than 50 percent of the voting parer of another corporation' See State and Loot Government Conflict of/merest,An,Va. Code§2.24101. • "Affiliated business entity relationship' means 'a reaebnship other than parent-subsidiary relationship,that exists when d)one business entity he a contralbrg ownership interest in the other business entity,Iii)a controlling owner in one entity is also a controlling owner in the ether entity,or OW Nen is snared management or mntral between the business teaks. Factors that should be mnsideetd in determining nit existence of an affiliated business entity relationship Include that the • me person of mbnamlallv the same person own or manage the two entitles:Mere are mmmw or commingled funds or assets:the business entities share the use of the same offices or empioyees er eMerwne share amrlties. rt m sonnel on a regular basis; there is otherwise a close working relationship between the entities.Le State and local Government Conflict of Interests Act, W.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 NO SERVICE PROVIDER Ism aalronal shems it D Q' Accounting and/or pteparer of your tax murn ❑ ❑v Architect/Landscape Architect I Land Planner Confect Purchaser IN other than ❑ I_I the Applicant)-identify purchaser , and purchasers service proWders El Any other pending or proposed D LJ purchaser of the subject property (identify purchaseds)and r�--ff purchasers service providers) ❑ L( Construction Contractors ❑ 21 Engineers/Surveyors The disclosures contained In this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. t5s®nia Beach inancing(include current ❑ .-1 mortgage holders and lenders LI selected or Ming considered to provide financing for acquisition or construction of the property) 0 0 Legal Services ❑ ._1 L Real Estate n cAgents for r 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 Beam nava si ❑ Er- an interest In the subject land or any proposed development LJ contingent on the subject publk 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 Farm 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, VEDA meeting, or meeti • of an p blic body or committee In connection with this Application. ReMRAPt 2t DDT *14 Ai' Me. y •. PRNTNAME DATE Harrison Virginia Atlantic,LLC G Hale Harrison 2113117 nmPER OWNE S smuttier PRINT NAME I DATE The disclosures contained in this form are necessary to inform public Page a of 4 officials who may vote on the application as to whether they have a conOrat of interest under Virginia law. N vV Cr.0— Ci12tt c€ Co_ XB Vhpjnia Beech DISCLOSURE STATEMENT FORM-- The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property 1 Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance, Special investment Program Nonconforming Use Exception for (EDIP) Changes Board i f Zoning Encroachment Request Rezoning PP Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Ray i Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 0 • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, 4 R SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPI ICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. (Check here if the APPLICANT IS a corporation, partnership, firm, business, or J FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 4 Planning Commission and City Councr meeting that pertains to the application(s) ❑ APPLICANT NOTIFIED OF HEARING DATE: ❑ NO CHANGES AS OF DATE: ❑_ REVISIONS SUBMITTED DATE: - ..: B Virginia Beads 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) L}eo 2f'SIJ V/', des I cote Ofes! ter/Witt✓' (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) /Doug/ B5s See next page for information pertaining to footnotes) and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if nronenr owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, ,._/business, or other unincorporated organization. C1 Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization,AND THEN complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners. etc. below: (Attach list If necessary) O c3%Ck Safe /f &a/pc /3ee,Oc? /safe/) tiMr,'e-k (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. — • V�icl 0 • Virginia Beath ( 1 4 [-"N I erprr se GLC 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 §2.2-3701. 2 'Affiliated business entity ty relneionsine means relationship,orllinother than parent-subsidiaryIneotr relationship, that exists when (I) one business entity has a controlling ownership Interest the other business entity, (ii) a controlling owner in one entity is also a controlling owner In the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entitles; there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entitles' See State and Local Government Conflict of Interests Act, Va.Code§ 2.2.3101. 4 .wsvm ' SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any Item is YES, please identify the firm or individual providing the service: YES I NO I I SERVICE I I PROVIDER(use addnlonat sheets n I rreedM) 0 d Accounting and/or preparer of your tax return ❑ Architect/Landscape Architect/ Land Planner ID ,, / Contract Purchaser(if other than l� the Applicant)- identify purchaser and purchaser's service providers ❑ Any other pending or proposed iri'1! purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ (3Construction Contractors 1171LQ Engineers/Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Yia Ik h �irsisi=ar..n Fleaadea(Include anent p r' mortgage holders and lenders selected or being considered to provide rnandng for awrsaon or construction of the property) Lf Legal suedes ,_,/ Real Estate Brokers/Agents for 1ld arrem and antldpated future li 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 tend 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: 1 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 meetln blic body committee in connection with this Application. 7 AM1GtNT'S SIG P c f•d. \ �/ 7 PRINT NAME DA 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. tree Sa.AS From:SGA Resort Mngent/Events 7574223666 03/03/2017 15:20 #766 P.002/005 ?';',111:',fjr AF Srt ii:. .:,„ I r f DISCLOSURE STATEMENT FOR •,�w The completion and submission of this form Is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters Include, but are not limited to, the following: Acquisition of Property I Disposition of City I Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Cha es Exception for (EDLP) fie BAPPeals oard of Zoning Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • 4 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. • 4 SECTION I / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation.rpo partnership, firm, business, or other unincorporated organization. • 2( Check here If the APPLICANLr4 a corporation, partnership, firm, business, or • POR CITY USE ONLY/All dNdmwes must be updeem two(2)week,prior to will Page I of 4 • Planning rommlukn and City rounell Amina Ilut oenNlq to du appllndpned. • 1I APPLICANT NOTIFIED OF IIFDo ARINO t: 0 ?NO CHANCRE AS OF I DM e_ Q REVISIONS SUBMITTED ^Il DAIS: Fron:SRA Resort Mordant/Events 7579223886 03/03/2017 15:21 4758 P,OD3/005 s II a5 " yei rr2 + j� W ice,-j{ m ��• � •Y5� t^l { v r . �sX4G�l+5'p 1i 7 •']' �F; — y$__ •""'.'.y"" •' '�'."' „ t •'` t:yrt 7 n other unincorporated organization,MD THEN complete the fol• ry • (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below (Attach Ilsr If necessary) f0s41 somas 7'; "• Oa✓aree AtSac fee /FffAdu./ (8) list the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list If necessary) See next page for Information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE • complete Section 2 aMyW vn.e 4'owner Is aff/enwt frau.Annllcn O Check here If the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. ❑ check here If the PROPERTY fWNFR I(a corporation, partnership, firm, business, or other unincorporated organization,AND Ma complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list If necessary) (R) List the businesses that have a parent-subsidlary I or affiliated business entity 2 relationship with the Property Owner: (Attach list If necessary) The disclosures contained In this form are necessary to Inform public Page 2 of 4 officials who may vote on the application as to whether they have aconflict of interest under Virginia law. Froe:SOA Resort gnpnntlEvents 757722958$ 03103/2017 15:23 s7BB P.004/005 t r'11.k t 'f� 9�t� 4.t . .^:«r+.ro 1 4., is-a+t 1,1 '1•111., ,�t !r k xl .;/y r •♦ �" 4 . w ler rt, t 'f'" ...• : ,'^.,, • `q' .w i 'Parentsubsldlary relationship' means 'a relationship that exists when one corporation directly or Indirectly owns shares possessing moft than SO percent of the voting power of another corporation.' Sustate and Local Government Conflict of interests An,Va. Code f 2.2.3101, 2 'Affiliated business ennry relationship' means 'a reluomNp, other than paenteubldlary • relationship, that exists when(II one business entity has a controlling ownership Interest In the other business amity, (II)a controlling owner In one snthy It also•controlling owner in die other entity, or (110 then Is shared management or control between the business enllllat. Faxon that should be • considered in determining the existence or an /MINS business entity relationship include mat the same person or substantially the same person own or manage the hso entitles;the,. are common or • commingled runs or assets; the business amities share the use of the same offices or employees or othentlse share aanebes, resources or personnel on a regular basis; or mere Is othenwre a close working reiatlomhip between the entitles.' Sae State and Local Government Conflict of Interests An, Va. Code f 2.2-3101, i { I SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided In connection with the suhlesx of the anoliratlon or /Dv business oorratino or to be oovratod on the Prooerry If the answer to any Item Is YES, please Identify the firm or Individual providing the service: YES I NO j SERVICE PROVIDER Inas additional gusts it meson Ir 0 AccountIng and/or preparer of Os Pao* Sleet info/ rt your tax return /Li I/ atags.� ❑ Q" Archhect/landscape Architect/ Land Planner �,,/ Contract Purchaser(If other than ❑ LS7 the Applicant)-Identify purchaser and purchaser's service provider Any other pending or proposed D purchaser of the subject property (Identify purchaser(s)and purchaser's service providers) ❑ a Construction Contractors ❑ D" Engineen/Surveyors The disclosures contained In this form are necessary to Inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Froo:38A Resort Rngent/Events 7574223666 03/03/2017 15:24 #788 P.005/005 dfr . , , v tv A Y ' ';• ti ,t S ♦t I Financing (include curtain ❑ Q, mortgage holders and lenders selected or being considered to provide flnancing for aceubldon or construction of the property) �'• ❑ legal Setts fVs/Ref+ Rt•ws o-w.�s Real Estate Brokers/Agents for ❑ Gr.' 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 S the nature of the interest? isisems CERTIFICATiQfg: I certify that all of the Information contained In this Disclosure Statement Form h complete, true, and accurate. • I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of an ppbilc body or committee in connection with this Application. .. Me t aqvs Ght Ama'ArmaSIGNATURE PRINT NAME DATE ' I raDFERry OWNER'S SM:rNTIIRE _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. Four Sails RESORT Directors of the Four Sails Time-Share Owners Association Damara Derr Ray Wolfe 1785 Templeton Ln Carlyle Towers S. 1710 Virginia Beach,VA 2151 lamiwon Ave 23454 Alexandria,Va, 22314 5715 Robert Cunningham V.C.Rader William Brooks 2408 Windward Shore 641 Piney Point Rd. 18 Compass Rose Way Virginia Beach,Va. Virginia Beach,Va. Newark,DR 23451 23452 19702 3301 Atlantic Avenue• P.O. Box 1239• Virginia Beach,VA 23451 • 1-800-227-4213 • (757)491-8100 H t (�\ 2t14-.7)\�CC.,;iiL 1B 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 —1Modification of by City Property Conditions or Proffers r Alternative Economic Development 1Nonconforming 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 D Check here if the APPLICANT IS NOT a corporation, partnership, firm, ,,,,,,___,,,/// business, or other unincorporated organization. l� Check here if the APPLICANT IS a corporation, partnership, firm, business, or X FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any 1 Page 1 of 4 Planning Commission and City Council meeting that pertains to the application(s) I i D APPLICANT NOTIFIED OF HEARING DATE. ❑ NO CHANCES AS OF DATE: L ❑ REVISIONS SUBMITTED DATE: V.�GJ Virginia Beach other unincorporated organization, AND THEN complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) ©sPRa, ee'sPak' lc TN z- 4-#-4°beCV ftu Le / s ne.S.aeszk toot. (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes[ and 2 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section I only if property owner is different from Applicant. V. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) �. cte-4,147 A-tk.r` R.c.L4-ea (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained In this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. Virginia Beach "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 'Affiliated business entity relationship' means "a relationship, other than parent-subsidiary relationship, that exists when (I) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner In one entity is also a controlling owner in the other entity, or (III) there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act. Va. Codes 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets If needed) 14 Accounting and/or preparer of ❑ �1 your tax return ❑ LYS 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 ❑ L7" Engineers/Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. 1113 Virginia Beach Financing (include current I ❑ - mortgage holders and lenders J,YJ selected or being considered to provide financing for acquisition or construction of the property) ❑ 0 Legal Services ❑ Real Estate Brokers /Agents 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 Elan interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? 'CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of an public body or committee in connection with this /V Application. Ioµn.. eagete APPIJCAN IGNATUREu l I AEI' PRI NAME DATE mid. kEt41,ten tia141117 PROPERTY OWNER'S SIGNATURE PRINT NAME j 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. res eD l r uo:voa Lunasea vlrglma beam /0/4374400 p 1 From:SGA Resort Pngmnt/Events 7574223666 02/27/2017/2717:57 #766 F.002/0051 C'a' Srr l.! y Eyt.�Il Yk3±`A °r } t �'r 1 '- RY q i rfi 's - .fm.. f"...‘- 2 iv „ra: . ri 4"1;,'v r:, N r--.^^-.- �' *% ; • � ;,-;1.`a.:. .. al.ta ss,baliJ c.weiv'aa' ,°."`Po `.+ .,i4,„;7-i, '_ �'e.. ... 5 } / . .r DISCLOSURE STATEMENT FOR t 'c 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: I Acquisition of Property I I Disposition of City I l Modification of I by City Property Conditions or Proffers Alternative Economic Development NonconformingUse Compliance, Special Investment Program Chan es Exception for (EDIP) B Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board e The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE D C k here if the APPLICANT IS NOT a corporation, partnership, firm, usiness,or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CRY USE ONLY/All disclosures mon be updated two PI reed prior to any Page I of4 manning CnmmisMoll and City Council meelvlq Owl pertains io the applleall nls1 i APPLICANT NOTIFIED OF HEARING IMl E: ❑ I NO CHANGES AS OF DATE - 0 REVISIONS SJBLIPITEO OM E. reo<o 1I U0`108 Lunasea virgmla oeacn /O/43/4'UU IDZ From:SGA Resort kngnntlEvents 7574223666 02)271201? 17:59 4766 F.000IC05 .i. / '' ptr1.:1--,,t-•t4 ?•-2, 11„--',4. l.,ac^ .+r a ^^b�.p vN t 7:4g:t473L-It%f$ - 't•ti i'„x x %bra I r'"- t'. if:sy. 'S',wit t%.y2y� bti'••,17.+,:„ ,iii,-"Air. 4 - , r ..e sir c� rq„ i t'sra `.• ey .+ , _ other unincorporated organization,AND THEN complete the t• i R If. .? '•� (A) List the Applicant's name followed by the names of all officers, directors, /mm$r�1,lbers, trusteeeess,,(partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidlary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Ni,�7ie Sc- k' ) 41St • See next page for Information pertaining to footnotes and 2 4 SECTION 2 / PROPERTY OWNER DISC ► RE Comp colon 7 • .. t .. �);. ❑ Check here if the 4s,..4 . : ■ Oil i s eT •rporation, partnership, firm, business,or other uni •rporated organiz. '•n. o Check here if the • : a.' t al'k • •,r a corporation, partnership,firm, business, or other unincorporat.lirganization,AND THEN. complete the following. (A) List the Property Owner's ane followed b• he names of all officers, directors, members,trustees, •. ners, etc. below: (At h list if necessary) Ala (B) List the •usinesses that have a parent-subsidiary t or affiliated b ness entity 2 rel. onshlp with the Property Owner: (Attach list if necessary) / The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. tau co „ Luuebea v milli ia oeaion Wood r9Vu p.a Froo:SGA Resort iingent/Events 7574223666 02127/2017 18:00 #766 P.004(005 rda L+a4,J %y r 1" # '' c3„¢ y • ,$^eyl F i SIT,r e v o _ fit RAix ` sSsW4-u tay.0 n� tre .' Ux b•,t.. .a'.. yy fir. tmlS3'' - 1r' "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly awns shares possessing more than 50 percent of the voting power of another corporation' See State and tool Government Conflict of Invests Act,Va. Code§2.2-3101. "Affiliated business entity relationship' means "a relationship, other than parent-subsidiary relationship, that exists when 0) one business entity has a controlling ownership interest In the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship intrude that the same person or substantially the same person own or manage the two entitles; there are common or commingled funds or assets: the business entities share the use of the same offices or employees or othervAse share activities, resources or personnel on a regular bash: 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 4 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the ;ubiert 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(we additional sheets If needed) Q Accounting and/or prepare(of .[� your In return N7 elite ( 5c. , Architect/Landscape Architect/ Land Planner ^/ Contract Purchaser(if other than O lSd the Applicant(- identify purchaser and purchasers service providers Any other pending or proposed ❑ d purchaser of the subject property (identify purchasers)and purchaser's service providers) 132-7--0 Construction Contractors /,bt A}t;iY'y1/I r(( (OAs' • Er- Engineers/Surveyors The disclosures contained In this form are necessary to iMorm public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. reo zc I r uo:nna Lunasee virginia aeacn rotwrwwu p.v From:SGA Resort Nngnnt/Events 7574223666 62/27/2017 18:01 #766 P.0051005 µ e i' 3f •. a 1...",m r„pt.> 4r,.•,-"4„.e.d r .:Y V &1 { s 1 :_ 'e. YR” i >eT "tea t b �� _ Financing fmdude torten[ mortgage holders and lendersF rp f AtfC LLLIII��� selected or being considered to provide flnandng for acquisition �, j' or construction of the property) n [WY © Legal Services bob -TWA, #101) Main( i El, -Real Estate Brokers/Agents for current and anticipated future sales of the subject property + s SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO oes an official or employee of the City of Virginia Beach have an Interest in the subject land or any proposed development In contingent on the subject public action? If yes, what is the name of the offcial or employee and what is the nature of the l interest? N 1/ . , 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, lam responsible for updating the Information provided • herein two weeks prior to Oft Planning Commission, Council, VBDA meeting, or mee Of any pu body of committee in connection with I is Application. ir ( //` 7 - Ger':��1 l,Li%rciLJ ,U.lINlf� I���7 / :firs ~ Tu e / i PRINT NAME I DATE /¢a i 4 ' GOA % &i - ‘‘/•------7/1 �/ ui'///.'r'fc (41 -i oTa77-t2 PROPERTY OWN R'S SIONAT4Rt) PRINT NAME I I DATE a I 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 NAB tirpinie B.Beh, DISCLOSURE STATEMENT FORS--- -- 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 I 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) 9 Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement i Wetlands Board • , The disclosures contained In this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. N Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 4 Planning Commission and City Council meeting that pertains to the apPlication(s). • APPLICANT NOTIFIED OF HEARING DATE: ❑ NO CHANGES AS OF DATE: a REVISIONS SUBMITTED DATE: 353, wrfauta>eara I'''. other unincorporated organization,AND THEN complete the lowing, (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) Sa 0. 4FcthcZ (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attar!, list if necessary) See next page for information pertaining to footnotes[ and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner Is different from Applicant. ❑ Check here if the PROPERTY OWNER 15 NOTa corporation, partnership, firm, business, or other unincorporated organization- ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (8) List the businesses that have a parent-subsidiary t 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. -_ _ V1F&tni4 Ballet t 'Parencsubsidlary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 'Affiliated business entity relationship° means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest In the other business entity, (II) a controlling owner in one entity Is also a controlling owner In the other entity, or (lip 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 suhiect of the Application or any business ooeratinc 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) ❑ Egi Accounting and/or preparer of your tax return ❑ gi Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than vs the Applicant)- identify purchaser and purchaser's service providers �( Any other pending or proposed Elbl purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ fg Construction Contractors ❑ 121 Engineers/Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. cripM3 Financing (Include current L-- ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition �{ or construction of the property) ❑ l�S•I Legal Services ❑ A_„ Real Estate Brokers/Agents for ISI 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 0 zi an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? 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 meetin of an ublic body or committee in connection with this Application. ,e_``' J rtF- •D. QRfM1 Urea ) GFo s�o/l� APPLICANr's T PRINT NAME D TE • Cleo 'h Gt44.D cM-a.' CI 's/i3'1?- PROPERTY OWNERS 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. SECTION 1 (A) APPLICANT NAME: ROTB,L.C. MEMBERS: PHA, L.C. 25% RUFFIN FAMILY, L.C. 25% LOK GAI, L.C. 50% 100% Feb 08 2017 4: 15PM The Oceanfront Inn 1-757-422-6547 P.2 DISCLOSURE STA EM ENT F B R ?s. • The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property In the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property I I Disposition of City I Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • e The disclosures contained in this form am 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 ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. pcCheck here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must be updated two l2}weeks prior to ary Page 1 of 4 Planning Commission and CRY Council meeting that pertains to the apdicatlonP). APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: REVISIONS SHAMMED DATE: Feb 08 2017 4: 16PM The Oceanfront Inn 1-757-422-6547 p- 3 -' W bj4 At , e. jkk%k.- Y.'v°Ti.`GIRS�ME'-N +cr-WYJ' - d 7':,uR `,WPs. 41' other unincorporated organization,AND THEN,complete the f ,O" (A) IJst the Applicant's name followed by the names of all officers, directors, members,trustees, partners, etc. below: (Attach list if necessary) Wank- 2 h fy,Se s ,r Ad. W. %k s leesd ,.-/ (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list If necessary) 77. . Oravnres-n Jan See next page for Information pertaining to footnotes') and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner Is different from Applicant. ❑ Check here if the PROPERLY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here If the PROPERTY OWNER/S a corporation, partnership, firm, business, or other unincorporated organization,AND THEN.complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list I(necessary) (B) 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 conflitt of interest under Virginia law. Feb 08 -201'/ 4: 17Pit the Oceanfront- Inn 1-757-422-6547 p.4 - .x I 'Parent-subsidiary reladonshlp" means "a relationship that exists when one corporation directly or Inceretndy owns shuts possessing more than S0 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 0)one business entity has a controlling ownership interest In the other business entity,01)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 entitles; there are common or commingled funds or assets; the business entitles share the use of the same offices or employees or otherwise share aNvlties, resources or personnel on a regular basis; or there Is otherwise a dose working relationship between the entitles.' See State and Local Government Conflict of Interests Act, Va.Codes 2.2.3101. e SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided In connection with the subiect of the ppoliratlon or any business ooeratina or to be operated an the Properly. If the answer to any Item is YES, please Identify the firm or Individual providing the service: YES I NO I I SERVICE I PROVIDER tux aduuonal sheets If neNedl I�q s[ Accounting and/or preparer of Y.a rho your tax return in {.A la Architect/Landscape Architect/ vw Land Planner a Contract Purchaser(If other than Othe Applicant)-Identify purchaser and purchaser's service providers Arty other pending or proposed Ca m1aC purchaser of the subject property a.1 �.3 (identify purchaser(s)and yyy��� purchaser's service providers) flp Construction Contractors (3 Engineers/Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. Feb 08 2017 4: 18PM The Oceanfront Inn 1 -757-422-6547 p.5 wn< Financing(include current xi mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ri ti Legal Services Real Estate Brokers /Agents for current and anticipated future sales of the subject property I I 4 a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 1 0 es an Interest In the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained In this Disclosure Statement Form Is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any puI body or committee in connection with this Application. G1. gds zA4 APPLICANTS sicNAAfro. AT/T''1RE PRINT NAME �/� // '.DAA/T__E1 PROPERTY OWNER'S SIGNATURE PRINT NAME I DATE The disclosures contained in this font 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. �1-i \ Y1 , Ae\C DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development i Nonconforming Use Compliance,Special Investment Program Changes Exc�tion for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 'Th t.. °oo-i. es cost2 ed q this or '. '.. :icLs.a. g ._ k c . .t a swr o r ,e. vote a"1 the application at to viiirietheti at = a for ,.torrict Int@ est ander b ri!a hiaA 4 SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Eif Check here if the APPLICANT IS a corporation, partnership, firm, business, or Page 1 of 4 VA 6Mch 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) ANA TA :NG. TA P)E& &3 g fAt)RA Air CON51-ACit,0t6 /-(iG iS ) EvAnt(6L(A rriGtO5 (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) N/A See next page for information pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE ,./ Complete Section 2 only if property owner is different from Applicant. LYJ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here If the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary r or affiliated business entity 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 Reath 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 §2.2-310l. 2 "Affiliated business entityrelationship" means 'a relationship, other than parent-subsidiary relationship, that exists when 0)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share actinides, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entries' See State and Local Government Conflict of Interests Act, Va.Code§ 22-3101. 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 Propriety- If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER Oise additional sheets if needed) Wi Accounting and/or preparer of your tax return .Cf Architect/Landscape Architect/ Land Planner ❑ ___J Contract Purchaser(if other than �.7 the Applicant)-identify purchaser and purchaser's service providers O Any other pending or proposed purchaser of the subject property (identify purchaser(s)and � -,( purchaser's service providers) I vl Construction Contractors [a Engineers/Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. A Financing(include current U Rri mortgage holders and lenders '�' selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services ❑ IJ,—,{ Real Estate Brokers /Agents for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NODoes an official or employee of the City of Virginia Beach have d ❑ an interest in the subject land or any proposed development I]7 contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any ublic body or committee in connection with this Application. �k rl;.‘rccc .z/ `�7 � COOS;AAJT,ua5 t ,C ('5 4d/,;1)i7 APPLCANTS IGNATU E PRINT NAME DATE • Swiljt. esdc// I 7r OPERTY OWNER'S SIGNATURE PRINT NAME OAT 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. __ _ / /�._ ,. OwIVVL/VVO 00.3-ern Rax reokQ\ Fron:SGA Resort Mngent/Events 1 7574223888 02/27/2017 18;04 8787 P.002/005 DI . r• u i , .may. i The completion and sub fission of this form Is required for all applications that pertain to City real s tate matters or to the development and/or use of property in the City of VI It rola Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters 'nclude, but are not limited to, the following: 1 Acquisition of Property 1 Disposition of City I I Modification of I by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special investment Program i Exception for (EOIP) Changes Board of Toning 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 LiceFise Agreement Wetlands Board 4 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. • 1 SECTION /•APPLICANT DISCLOSURE O Check here if the APPhiCSNT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 / 0' Check here if the APPLI�(Iq��T,..)4 a corporation, partnership, firm, business, or FOR CITY USE ONLY/All awal 1�cast be updated two(2)weeks prior to any Page 1 of 4 City C Plannlnn Commis:1On and City Council eleellea that 04r1411111LlheejonllcaVCeal _ CI APPLICANT NOTIFIED OF EARNC DAI It AINO CHANcls AS Of y, DATE.REVISIONS SUBMITTED DAIt I- From:SGA Resort Nngant/Events 7574223888 02/27(2017 18:05 1787 P.003/005 other unincorporated o • negation AND THEN. complete the fo s (A) List the Applicant's nam-1 followed by the names of all officers, directors, members, trustees, part Fers:.etc. below: (Attach Mt If necassary) Lots creaoss �- .e _•. �.. . _. - - -- - (B) List the businesses that h e a'parent•subsidiary 1 or affiliated business entity 2 relationship with the Appl ant: (Attach list If necessary) OceSd+J PAracsA roti 1u.L. . DrRA NMm�iilfrela) Mlfhlodsl4 See next page for Information pe ning to foomotes1 and 2 • • SECTION 2 / • ROPERTY OWNER DISCLOSURE Complete Section 2 9 v if_pmeasysegmaulittganammAitarsta, ❑ Check here if the PROPS OWNER IS NOT a corporation, partnership,firm, /business, or other u ninc• porated organization. 0 Check here if the PROPE OWNER I£a corporation, partnership, firm, business,or other uninco pureed organization, AND THEN. complete the following. (A) List the Property Owner's ame.followed by the names of all officers, directors, members, trustees, part :rs, etc. below: (Attach Ilst if necessary) [.Op-F STp s ... at ( QEA )spobnl (B) List the businesses that h ye a parent-subsidiary or affiliated business entity 2 relationship with the Pr I perry Owner: (Attach list If necessary) Oceiea ItaehA 4 MOM— A E p 7,ae,1 c amese.) t r Noa71l The disclosures contained In this Iorm are necessary to inform public Page 2 of 4 officials who may vote Si the app!cation as to whether they have a conflict of interest under Virginla law. Froa:SGA Resort Rngant/Events 7574223886 02/27/2017 18:07 #767 0.004/005 • 'Parent-subsldlary relationship" ,cons `a relationship that exists when one corporation directly or indirectly owns shares'ppssessing - e/than $0 percent of the voting power of another corporation," See State and local Government Cot flat'of Interests Act,Va. Coda 5 2.2-3101. 2 'Affiliated business entity re,•lnonshlp' means "a relationship, other than parent-subsdlary relationship,that exists when (0 o e business entity has a controlling ownership Interest in the other bwiness entity,60 a controlling • finer In one entity Is also a controlling owner In the other entity, or (Iib there Is shared management Control between the business entitles. factors that should be considered in determining the exi encs of an affiliated business entity relationship Include that the same person or substantially the sme person own or manage the two entitles; there are common or commingled funds or assets; the ( Wass entitle, share the use of the same offices or employee. or otherwise share activities. resour-'S or personnel on a regular basis; or there Is otherwise a aka working relationship between the 'ntitles' See State and Local Government Conflict of Interests Act, • Va. Code 5 2.2-3101. • e • SECTIO 3. SERVICES DISCLOSURE Are any of the following servil es being provided In connection with the subject of the tnnliratlort or env business o eratsno or tribe operated on the Property If the answer to any item Is YES, please iden the firm or Individual providing the service: YES NO ERVICE PROVIDER(use Seldo al sheets V needed) Er Accounting 1d/or preparer of your tax raw, 121/ Architect/ -I, dacape Architect/ Land Pianne Contract Pu astir(it other than 12 the Applkan -identify purchaser and purchass service ptoviders i O Any other pa I ding or proposed purchaser of he subject property (Identify pas serfs)and purchaser's ,.vice providers) Construction' ontractors °a d Engineers/ mayors The disclosures Contained in this orm'are necessary to Inform public Page 3 of 4 officials who may vote on the AP• Icabnn as to whether they have a conflict of Interest under Virginia law. QV V VI VVV Froa:SGA Resort Rngnnt/Events 7574222888 02/27/2017 18:08 #787 P.005/005 • • .__......_.,«« Financing (include current $SWT 'b`'ra' ,.,( mortgage ha dere'and lenders l_) 0 selected or Sing considered to *lover new)-40 provide gnucing for acquishion �f/ or.constructOn of the property) f:3 LEI Lepel Service gReal Estate Stokers/Agents for ❑. current andnticlpatedfuture sales of the iubject property 4 • e SECTION 4. KNOW INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO' Does an o lad or employee of the City of Virginia Beach have ❑ LJI an interest n the subject land or any proposed development contingent n the subject public action? If yes,what Is the name of the dticlal or employee and what Is the nature of the Interest? CERTIFICATION: I certify that all of the inform lon,contalned in this Disclosure Statement Form Is complete, true, and accurate. - I understand that, upon rcelp'i of notification that the application has been scheduled for public hearing II any responsible for updating the Information provided herein two weeks prior to e Planning Commission, Council, VEDA meeting, or meeting of any public body 0 conlimlttee in connection with this Application. '_f' _ 1-oLI Y- - 5 .2-29-17 APPLICANT'SSIGNATUREE ��' PRINT NAME DATE PaOPERTY OWNER'S SIGNATURE PRINT NAME I DATE The disclosures contained In this arm are NOVAS art to Inform public Page 4 of 4 officials who may vote on the ap• kation as to whether they have a conflict of Interest under Virginia law. i zrn YY\CLI;i,C t L, UC Ili 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 I Modification of by City i Property i Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special I Investment Program Changes Exce•tion for (EDIP) Board of Zoning Encroachment Request Rezoning A• •eals l q 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 • 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 ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. a& Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must beupdated two(2)weeks prior to any Page 1 of 4 Planning Commission and City Council meeting that pertains to the application(5). 0 APPLICANT NOTIFIED OF HEARING DA1 E: o NO CHANGES AS OF DATE: fl REVISIONS SUBMITTED DALE. Virginia Brach 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) Li A-6a�� Ef S e tic M 19M_ a LV (B) List the businesses that have a parent-subsidiary ! or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes! and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, 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 followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) A^M') 7- P A- Tc L_ (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to Inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. el1/4B Virginia Beach I °Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation," See State and Local Government Conflict of Interests Act,Va. Code 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 entitles: there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entitles." See State and Local Government Conflict of Interests Act, Va. Codes 2.23101. • e SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided In connection with the subiert of the Applicatign 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: 17E11 HI CH I SERVICE PROVIDER(use additional sheets If needed) PO ❑ Accounting and/or preparer of S en II`• S-;n (SC your tax return Su Era. 'f-+' oh ❑ ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ zi purchaser of the subject property KSI (identify purchaser(s)and purchaser's service providers) 0 El Construction Contractors ❑ gl, Engineers/Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. W Virginia Reach Financing (include current 1 ❑ en mortgage holders and lenders selected or being considered to provide financing for acquisition ��yy or construction of the property) ❑ �`I Legal Services Ele Real Estate Brokers /Agents 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 ❑ a an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. 04 &crLwn 3AWCW a7icSi APPLICANT'S SIGNATURE PRINT NAME DATE kY-L An,rpa-Z4L- 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. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing and Directing the City Manager to Immediately Repay the $20 Million Transportation Partnership Opportunity Fund Grant Used Towards the City's Acquisition of the Former Norfolk Southern Right-of-Way MEETING DATE: March 21, 2017 • Background: The City is the owner in fee simple of a 10.57-mile corridor of land bounded on the west by the City's boundary with the City of Norfolk and running eastward to Birdneck Road, and it is generally known as the former Norfolk Southern railroad right-of-way (the "Right-of-Way")(GPINs: 1467-13-1924, 1467-93-8993 and 2407-04-3244). The City purchased the Right-of-Way in 2010 from Norfolk Southern Railway Company for purposes of establishing a multi-modal transportation corridor for extension of the Norfolk Light Rail System. The funds used to purchase the Right-of-Way included a $20 million Transportation Partnership Opportunity Fund grant from the Commonwealth of Virginia (the "Commonwealth"). To effect the grant, the City and the Commonwealth entered into a Transportation Partnership Opportunity Fund Grant Agreement ("TPOF Agreement") dated September 22, 2010. The Commonwealth has asked the City to repay the $20 million grant (the "TPOF Grant") and has stated that it needs the funds elsewhere in the state, including for capital needs at the Commonwealth's Wallops Island Space Port. The City recognizes the Commonwealth's need to have the funds and desires to terminate the TPOF Agreement by repayment of the $20 million TPOF Grant, which will give the City more flexibility in how and when to select and construct a project on the Right-of-Way. • Considerations: With the approved FY17 appropriation, funding is available for the repayment of the TPOF Grant in the City Council Norfolk-Southern Right-of-Way Acquisition Refund Account. All approved taxes and dedications for this funding must be collected in FY17. The TPOF Agreement was entered into pursuant to Section 33.1-221.1:8 of the Code of Virginia, which section has been amended and recodified as §33.2-1529.1. • Public Information: Advertisement of City Council Agenda. • Recommendations: Authorize and direct the City Manager to repay the Commonwealth. Recommended Action: Approval of the Resolution Submitting Department/Agency: Vice Mayor Jones and Councilmembers Abbott, Davenport, Dyer, Henley, Kane, Moss, Wilson and Wood REQUESTED BY VICE MAYOR JONES AND COUNCILMEMBERS ABBOTT, DAVENPORT, DYER, HENLEY, KANE, MOSS, WILSON AND WOOD 1 A RESOLUTION AUTHORIZING AND DIRECTING 2 THE CITY MANAGER TO IMMEDIATELY REPAY THE 3 $20 MILLION TRANSPORTATION PARTNERSHIP 4 OPPORTUNITY FUND GRANT USED TOWARDS 5 THE CITY'S ACQUISITION OF THE FORMER 6 NORFOLK SOUTHERN RIGHT-OF-WAY 7 8 WHEREAS, the City is the owner in fee simple of a 10.57-mile corridor of land 9 bounded on the west by the City's boundary with the City of Norfolk and running 10 eastward to Birdneck Road, and it is generally known as the former Norfolk Southern 11 railroad right-of-way (the "Right-of-Way") (GPINs: 1467-13-1924, 1467-93-8993 and 12 2407-04-3244); 13 14 WHEREAS, the City purchased the Right-of-Way in 2010 from Norfolk Southern 15 Railway Company for purposes of establishing a multi-modal transportation corridor for 16 extension of the Norfolk Light Rail System, and the funds used to purchase the Right-of- 17 Way included a $20 million Transportation Partnership Opportunity Fund grant from the 18 Commonwealth of Virginia (the "Commonwealth"); 19 20 WHEREAS, to effect the grant, the City and the Commonwealth entered into a 21 Transportation Partnership Opportunity Fund Grant Agreement ("TPOF Agreement") 22 dated September 22, 2010; 23 24 WHEREAS, the Commonwealth has asked the City to repay the $20 million grant 25 (the "TPOF Grant") and has stated that it needs the funds elsewhere in the state, 26 including for capital needs at the Commonwealth's Wallops Island Space Port; 27 28 WHEREAS, the City recognizes the Commonwealth's need to have the funds 29 and desires to terminate the TPOF Agreement by repayment of the $20 million TPOF 30 Grant, which will give the City more flexibility in how and when to select and construct a 31 project on the Right-of-Way; and 32 33 WHEREAS, funding is available for the repayment of the TPOF Grant in the City 34 Council Norfolk-Southern Right-of-Way Acquisition Refund Account. 35 36 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 37 VIRGINIA: 38 39 That City Council hereby authorizes and directs the City Manager to immediately 40 repay the Commonwealth for the TPOF Grant, in the total amount of$20 Million, so long 41 as there is sufficient funding available in the City Council Norfolk-Southern Right-of-Way 42 Acquisition Refund Account. 43 Adopted by the Council of the City of Virginia Beach, Virginia on the day 44 of , 2017. PP_ oV D .S TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Ci an:rr's Office City Attorney's Office APPROVED AS TO AVAILABILITY OF FUNDS: Finance CA13863 R-1 3/14/17 \\vbgov.com\dfs1\applications\ciMawprod\cycom32\wpdocs\d014\p024\00356610.doc TRANSPORTATION PARTNERSHIP OPPORTUNITY FUND GRANT AGREEMENT This Grant Agreement (this "Agreement') is made and entered into as of September GtJ'— , 2010, by and among the Virginia Department of Transportedoa ("VDOT" or the 'Department"), an agency of the Commonwealth of Virginia (the "Commonwealth'), and the City of Virginia Beach, a municipal corporation of Virginia ("Virginia Beach","City" or the "Recipient). Explanatory Statement A. The Transportation Partnership Opportmity Fund ("1P0F" or the "Fund") was seated under Sermon 33.1-221.1:8 of the Code of Virginia(the'Ode) to provide a same of financial assistance to encourage the development of transportation projects. B. The Governor is authorized to award assistance from the Fund in various forms to an agency or political enbdivision of the Commonwealth and the General Assembly, pmmant to Chapter 130 of the 2010 Acta of Assembly,determined that expansion of the Norfolk Light Rail system,including extension from its amort terminus at Newtown Road in the City ofNadolk to the Oceanfront in the City of Virginia Beach, along the Interstate 264 corridor on the right-of- way of the Norfolk Southern Railway,is in the public interest and qualifies for public finding,to the extent that any may be required, from the TPOE or other finding available to the Commonwealth C. The City of Virginia Beach is a duly ceded and validly existing political subdivision of the Commonwealth and is eligible to receive financial assistance from the Fund, and the General Assembly, pursuant to Chapter 130 of the 2010 Acts of Assembly (the "Authorizing Legislation'),mandated that notwithstanding any contrary provision of law,the funds provided to the City of Virginia Beath under the TPOF to purchase railroad right-of-way from the Norfolk Southern Railroad ("Norfolk Southern") must be expended and used subject to such requirements as the Federal Transit Administration shall determine to be most effective for the construction of the public tnwsportetion project. D.The Ci y of Virginia Beach submitted an application requesting fimds in the form of a grant from the Fond to assist with funding the purchase of Norfolk Southern rigitof-way between Newtown Road,on the Norfolk/Virginia Beach boundary line at approximately Station 256+19 on the Norfolk Southern Right-of-Way and Track Map, to approximately Station 815+07,just west of Birdneck Road near the Virginia Beach Oceanfront (hereinafter the"Right of Way")for purposes of establishing a multi—modal transportation corridor for extension of the Norfolk Light Rail system(said purchase,for said purpose,hereinafter tbe"Project). The Right of Way was identified through Item 449.10.1 of Chapter 847 of the Am of Assembly of 2007 as a project to receive TPOF assistance as a part of the 2007 Transportation Initiative E.The City's purchase of the Right of Way is being partially funded by Federal Regional Surface Transportation Program fmds administered by the FHWA, which were programmed along with the required state match by the Hampton Roads Traoepmtation Planning Organiratian on March 17,2010 to Hampton Roads Transit ("HRT). VDOT will direct the transfer of these federal Inds from FHWA to FTA. Once the funds are transferred,HRT will request payments 1 • directly from the PTA.HRT will submit payments to Norfolk Southern in annual installments of S1 million per year, stinting in calendar year 2011. F.M a meeting on March 27,2009,the TPOF Advisory Panel(the"Panel")evaluated the application and on April 8, 2009, recommended to the Secretary of Transportation and the Secretary of Commerce and Trade,an award by the Governor of a grant of up to $20,000,000 to the Cary,subject to certain conditions. G.This Agreement pertains to the purchase by Virginia Beach of the Norfolk Southern Right of Way for purposes of extending the Norfolk Light Rail system from Newtown Road to the Virginia Beach Oceanfront and as further defined in this Agreement and in Exhibit A (the "Project Description')- The projected costs of the Project are identified in Exhibit B (the "Project Budget")to this Agreement. H. Funding for the Project is being made available through It= 449.10 of the Acts of Assembly of 2007. Subsequent action by the General Assembly,through Items 456 IL and 462 D, of Chapter 874 of the Ads of Assembly of 2010 further impacted the availability and sources of funds for financing the Project L On July 1,2009,the Governor approved a conditional award of a grant(the"Graaf")of up to$20,000,000 to the City. A copy of the Decision Brief signed by the Governor is provided as Exhibit C to this Agreement NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideation, the receipt and sufficiency of which am acknowledged by the patties, the parties agree as follows: 1. Ruttiest of Ag=mot The purpose of this Agreement is to provide for the tams and conditions required for making the Grant, the disbursement and application or use of the proceeds of the Grant,and other matters related thereto. 2. Rc uisition,Disbursement Avplication and Ilse of Gent Proceeds and Eligible Costs. (a)Reposition. In order to requisition disbursement of the Grant proceeds, the Recipient shall submit to VDOT,a completed requisition for disbursement of the Grant proceeds signed by an authorized representative of the Recipient The requisition will contain all information called for by, and otherwise be substantially in the form of exhibit D (the "Requisition For Disbursement")to this Agreement (b)Disbursement. Disbursement of the Guam proceeds will be as follows: L Subject to the conditions set forth in item iii of this subsection 2(b), a one- time disbursement of$17,500,000 will be paid to Virginia Beach solely for the purchase of that Norfolk Southern Right of Way defined as the"Property" in Section 1.1 of the Agreement for Purchase and Sale between Norfolk Southern Railway Company and the City of Virginia Beach,dated September 4, 2009 (hereafter, the 'Norfolk Southern Purchase Agreement),provided the purchase transaction contemplated under the Norfolk Southern Purchase 2 • Agreement closes and provided that Norfolk South®conveys thc Property to Virginia Beach by Quitclaim Deed,in accord with the tams set out in Section 5 of the Norfolk Southern Purchase Agreement and free and clear of any liens,mortgages,trusts or other encumbrance by Norfolk Southern other than as set forth in said Section 5. ii. Subject to the conditions set forth in item iii of this subsection 2(b), a one- time disbursement of$2,500,000 will be paid to the City only upon the City's exercise of the Option far the purchase of the Easement and assignment of the VEPCO lease (collectively, the Reserved Utility Easement") desctibed in Section 19 of the Norfolk Southern Purchase Agreement, Provided: (i) the City exercises the Option prior to the date that the Option expires,as set forth in the Norfolk Southern Pate Agreement (ii) the purchase prim for Virginia Beach to purchase the Reserved Utility Easement is a total of $5,000,000; (iii) the Reserved Utility Easement is conveyed to the City free and deur of any limas, mortgages, trusts or other enmmmbrmces by Norfolk Southern; and, (iv) provided the City utilizes all proceeds and revenues derived from the lease (the "Lease Revenues") lir transportation projects or programs in Vagina Beach,pursuant to the tams provided in Section 2(d)(li) herein. iii. The City of Virginia Beach has advised VDOT that Virginia Beach and Norfolk Southern intend to close cm the Property purchase set forth in Ian i of this subsection 2(b),(purchase of the Norfolk Southern Right of Way)on or about September 24, 2010, and intend to dose on the Reserved Utility Easement purchase set forth in itan ii of Ibis subsection 2 (b)(purchase of the Easement and assignment of the VEPCO least) no late than September 29, 2010. Accordingly,no lata than September 23,2010 VDOT will forward,by mems of an electronic wire or transfer,on behalf of and as has been requested by Virginia Beadh,the TPOF funds for these transactions to the Escrow Agent specified in the Escrow Agreement between Norfolk Souther Railway Company, the City of Virginia Beach and Indepmdmt Trustees, dated Dumber 29,2009, as encoded by mail dated August 31.2010 from Blair Wimbush (attached hereto and further amended by m Amendment dated September 15, 2010) (hereinafter, collectively referred to as the "Escrow Agreement" and attached hereto as exhibit E), which funds Virginia Beach will authorize and cause to be paid to Norfolk Southern only upon close of the purchase transactions contemplated herein and only upon satisfaction of and in accord with the tams of the Escrow Agreement In the event the Escrow Ageemad is modified subsequent to the date of this Agreement without written agreement of VDOT, then the City of Virginia Beads shall promptly return or cause to be returned to VDOT all TPOF funds that have previously been forwarded to Virginia Beach. In the event the Escrow Agreement is terminated for any mason other than closing of both of the purchase transactions set forth in items i. and ii. of this subsection (2)(b),then the City of Virginia Beach shall promptly return or cause to be returned to VDOT all TPOF funds that have previously been forwarded to Virginia Beach for the purchase transaction(s)that did not close. The City of Virginia Beach agrees 3 that the tams of the Escrow Agreement are consistent with the requirements and conditions let forth in this item iii. (c)Application and Use of Grant Proceeds. L Grant proceeds shall be used for the sole purpose of funding 50%of the cost of acquiring the Norfolk Southern Right of Way, further defined as the "Property"in Section 1.1 of the Norfolk Southern Purchase Agreement;and if the Option is exercised in a timely manna,50%of the cost for the purchase of the Reserved Utility Easement described in Section 19 of the Norfolk Southern Purchase Agreement iL Recognizing the purpose of the Grant is to purchase the corridor necessary to facilitate the expansion of the Norfolk Light Rail system,to avoid repayment of the Grant funds, the City agrees to (A) purchase the Right of Way by September I,2011, (B)refrain from any activity or me that would impair the use of the Right of Way for the proposes specified in the Authorizing Legislation, as it may be amaided, and(C)use its best efforts to passe said expansion of the Norfolk Light RIO system in accord with the Authorizing Legislation as it may be amended. The teen "use best efforts to pursue" as used in this Agreement shall mean to undertake any action necessary, appropriate and reasonable far a locality to take in order to cooperatively proceed with the regional transit authority to implement expansion of the Norfolk Light Rail system in accent with the Authorizing Legislation as it may be mended. (d)Failure to Comply with Use of Grant Proceeds Requirements. (i) In the event that the City fails to comply with the.regtrumeats in subsection 2.c.of this Agreement,or fails to comply with the requirements that the FTA shall determine to be most effective for the construction of this public transportation project, and either such figure continuos uncured for a period of 120 days fallowing notice thereof(giving particular of the faihre in reasonable detail) from the Department to the City or for such longs period as may be reasonably necessary m nue such failure, (provided in the latter case that the City has demonstrated to the satisfaction of the Department, acting reasonably,that(i)it is proceeding and will proceed, with all due diligence to cure or cause to be cured such failure,(ii)its proceeding can be reasonably expected to cure or cause to be cored such failure within a reasonable period of time acceptable to the Department, acting reasonably, and (iii) such failure is in fact aired within such period of time), then to the extent any Gust proceeds have been forwarded or paid to the City of Virginia Beach, said Grant proceeds must be returned to the Commonwealth. (n) In the event that the City has received TPOF funds for purchase of the Reserved Utility Easement and lease and fails to utilize all Laasc Revenues fa the 4 • acquisition (other than the Norfolk South® Right of Way as defined her®), design, planning, construction, operation or maintenance of transportation projects or programs situated in Virginia Beach (collectively, "Virginia Beach Transportation Costs'),then the City shall pay to VDOT a sum equivalent to the Lease Revenues that were not used therefore (hereinafter "Lease Payment Shortfall"). Pursuant to Section 5 below. VDOT may audit, among other things, records relating to collection and expenditure of premeds and revmmes derived from said lease and in the event VDOT determines that the City has failed to use all Lease Revenues for Virginia Beach Transportation Costs, and such failure continues uncured for a period of 120 days following notice thereof (giving particulars of the failure in reasonable detail) from the Department to the City, that the City shall remit to VDOT,within 30 days of the deadline lir cors,a sum equivalent to the Leasee Payment Shortfall. For purposes of this subsection(ii), a Lease Payment Shortfall maybe eared by the City contributing an aloivaleot sum toward Virginia Beach Transportation Costa. The City's obligations to utilize the Lease Revenues as set forth in this Agreement shall be deemed satisfied if the City has repaid the Grant in the amount of$20 million, pursuant to the tams of this Agreement 3. Project Schedule. Every good faith effort shall be made to cause the acquisition of the Right of Way pursuant to the timeline specified in subsection 2(c)of this Agreement. 4. Grant Repayment The Project must be undertake, in accord with the Authorizing Legislation, as it may be amended Failure to comply with Section 2(c) of this Agreement will require the repayment of the Grant to the Commonwealth. S. Revora and Records. (a) Maintenance Requirements. Full and detailed accounts and records shall be maintained, as appropriate,by the Recipient for the Project and such controls shall be exercised as may be necessary for proper financial management,using accounting and control systems in accordance with generally accepted accounting principles and emnderds, so as to provide complete records to fully support the use of the Grant proceeds to pay any cost and/or expense of the acquisition of the Right of Way, to document Virginia Beach Transportation Costs and to fully account for collection and expenditure of the Lease Revenues. Access shall be afforded by the parties to each other and their representatives and agents to the records, books, correspondence, receipts, subcontracts, purchase order, vouchers, memoranda and other data, including but not limited to electronic schedules and other electronic data (all collectively referred to as the"Books and Records")relating to the Project or the receipt and expenditure of the Lease Proceeds. Such Books and Records shall be maintained at the 2401 Courthouse Drive, Building 1,Municipal Center,Virginia Beach,Virginia. 6. Representations. The Recipient farther represents,covaents and agrees as follows: 5 (a) The Recipient has fall right, power and authority to eremite and deliver this Agreement, to perform its obligations under the Agreement and to carry out the tasks associated with the acquisition of the Right of Way and the Project (b)To the best of the Recipient's knowledge,there are no pending or threatened stilts or actions of any nature that may have an adverse effect on the Recipient's condition (financial or otherwise)or its ability to perform under the Agreement and there has been no material adverse change in the financial condition of the Recipient as indicated in the information furnished to VDOT. (c) That it shall cooperate with the Deportment as to all activities necessary to complete the Project, including coordinating with Department staff for all reviews, approvals and necessary oversight,as may be required. 7. Public Prouerty. The Right of Way shall not become private properly,but shall become or remainptblic property following completion of the acquisition. 8. Amendment The provisions of this Agreement may be amended, modified or waived only by written instrument executed byboth parties. 9. Applicable Law. This Agreement shall be governed by and construed under the laws of the Commonwealth of Virginia. The Project shall be administered in accordance with all applicable federal,state and/or local laws and regulations. 10. Permits. The Recipient will obtain all necessary permits for all work associated with the Project 11. SEM. All notices, approvals, conseats,requests and other communiatione ander this Agreemeet shall be in writing and shall be deemed to have beta given when delivered in person, or when scat by Federal Express or a comparable erapress courier service, or when mailed by registered or certified mail,postage prepaid, addressed to the parties at the following addresses or such other addresses as a party may designate by prior written notice to the other: (a) if to VDOT: Virginia Department of Transportation 1401 East Broad Shed Richmond,Virginia 23219 Atm: Chief Financial Officer with a copy to: Virginia Department of Transportation 1401 East Broad Street Richmond,Virginia 23219 Atter:Director,Financial Planning Division and 6 Office of the Attorney General 900 East Main Street Richmond,Virginia 23219 Atm:Senior Assistant Attorney General, Chief-Transportation Section (b)if to the City: City Manager 2401 Courthouse Drive, Building 1,Municipal Center Virginia Beach,Virginia 23456 with a copy to: City Attorney 2401 Courthouse Drive,Room 260 Building 1,Municipal Center Virginia Beach,Virginia 23456 12. entire Agreement This Agreement, together with the Exhibits, constitutes the entire agreement of the parties with respect to its subject matter and supersedes all prior or contemporaneous, oral Or written agreements Or understanding with respect to such subject matter. 13. Counterparts. This Agreement may be executed in counterparts,each of which shall be deemed to be an original,but which together shall constitute one and the same agreement,and pending receipt of the original etc-tented counterpart,an executed cmmterpart transmitted electronically in Portable Document Farmer(PDF)shall be deemed and serve as the original executed counterpart. IN WITNESS WHEREOF,the parties,intending to be legally bound,have executed this Agreement on the date fast written above VIRGINIA DEPARTMENT OF TRANSPORTATION Na: �✓�1WhM P Name: Gregory Whitley Title: Commonwealth Transportation Commission& 7 CITY OF VIRGINIA REACHr L By.lac A. IL-Lk (SEAL) Name: Title: City Manager/Authorized Designee of City Manager `, ATTEST: raar{"iinth nota Finer, / of Cdr APPROVED AS TO CO ociCERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL OF FUNDS: SDFFICISNCY: atpaxt//�� Ci� Finance Depar[mmnt eo[ �.+ 8 EXHIBIT A PROJECT DESCRIPTION The Transportation Partnership Opportunity Fund grant will be used to finance the cost of. Fifty percent(50%)of the$35,000,000 purchase price of Norfolk Southern Right of Way defined as the "Property"in Section 1.1 of the Agreement kr Purchase and Sale between Norfolk Souther Railway Company and the City, dated September 4, 2009 (hereinafter, the "Norfolk Southern Purchase Agreement, provided the purchase transaction contemplated under the Norfolk Southern Purchase Agreement doses and provided that Norfolk Southern conveys the Property to Virginia Beach by Quitclaim Deed,in accord with the tams set out in Section 5 of the Norfolk Southern Purchase Agreement,and free and dear of any liens,mortgages, trusts or other encumbrance by Norfolk Southern other than as set forth in Section 5_ Fifty Percent(50%)of the cost incurred by the City to purchase the Easement and assignment of the VEPCO lease deathbed in Section 19 of the Norfolk Southern Purchase Agreement,provided: () the City exercises the Option prior to the date that the Option expires,as set forth in the Norfolk Southam Purchase Agreement as amended by that certain Amendment to Agreement for Purchase and Sale dated December 29, 2009 between Norfolk Southern and the City, (ii) the purchase price for Virginia Beach to purchase the easement and lease is a total of $5,000,000; (iii) the Eea®ent and assignment of the VEPCO lease me conveyed to the City file and clear of any hens,mortgages,mists or other encumbrances by Norfolk Southern; and (iv)the City utilizes all Lease Revenues daivrd from the lease as provided in Sections 2(bxhi)and 2(d)(ii)herein. 9 EXHHITC B PROJECT BUDGET SOURCES OF FUNDS Project Budget Task Cost Purchase and Sale between Norfolk Southern Railway Company and the City of Virginia Beach $35,000,000 Paichase of the Easement and Assignment of the VEPCO Lease $5,000.000 Total $40,000,000 Sources of Fends Sources Amount Purchase and Sale between Norfolk Southern Railway Company and the City of Virginia Beach Trmeportation Parmemhip Opportunity Fund $17,500000 City of Virginia Beach $12,500,000 Regioml Surface Transportation Program Funds(HRT) $ 5,000,000 Purchase of the Easement and Assignment of the VEPCO Lease _(Only if Option to Purchase is exercised by Virginia Beach) Transportation Partnership Opportunity Frond $2,500,000 City of Virginia Brach $2.500,QQQ Total $40,000,000 10 EXBBIT C GOVERNOR'S FEBRUARY 25,2009 AWARD Decision Bank for Te Honorable TmW"M.Keine Regret Govsooia madame ward Romani a hma We T,opoi tbnPooeehip Oppmrmiy Pend lo moist b competing•financing pottage ford=pachmeofdgblcf-ny owned by the Norfolk Sottci Cngmdoe lased tetra,NtM'.n Rod and the OremEmt m the Cay of Voting Beech Recommmnde0on: kis recommended da t&Coccc codidm*e0 Pena trP tea 90,000,000 motto the Cry ofVhgina Beach W the parhee of it&dgN<f+ry. Res vest VDOT CONCURRENCE Seen ary of Transportation Secretary of Commerce and TnM; men Renad Recommend Q Recommend vy Modification Recommend d MordffiCWOn ❑ O ate one SemWy of Finance: Recommend ❑ Recommend co/Meditation o'ges.,..40.....ca.—iff—agr.-s DeM 11❑ / ant 0.amen O D a! APPROVAL Approv move col ModUic*Son ❑ Dory ❑�J� VI � �p.�( V[[qq Governor: ,M oar l' M ttaln et 1 L' jvie ` yivl 6 G.C1 1><f ROW G� q (/see aa4 tin tnt 4014 ctvt sdlj m. ed err j//06r' AU/ 11 EXHIBIT D REQUISITION FOR DISBURSEMENT (ON RECIPIENT LETTERHEAD] [Date] Director Financial Planning Division VirgmiaDepartment of Danspostation 1401 East Broad Street Richmond,Virginia 23219 Re: Transport:aim Parmenhip Opportunity Fund I 1 Dear: This requisition is submitted in oonnectionwith the Grant Agreement dated as of[Date](the "Amnoment'),between the Virginia Department of Transportation and rho City of Virginia Beach(the`Recipient). The undersigned authorizedrepreeentative of the Recipient hereby requests disbursement of proceeds under the Agreement in the amount of$ for the purposes of payment of project The undersigned certifies that the amounts requested by the requisition will be applied solely and exclusively to the payment,or to the reimbursement of the Recipient for the payment of project costs as specified is the Transportation Partnership Opportunity Fund Gnat Agreement,dated September_ 2010,between dm City of Virginia Beach and the Virginia Department of Transportation. Sincerely, Recipient's Authorized Representative Title Attachments Exhibit E AMENDMENT TO ESCROW AGREEMENT THIS AMENDMENT is made and maxed the 15th day of September,2010,by and among NORFOLK SOUTHERN RAILWAY COMPANY(`Seller');the CITY OF VIRGINIA BEACH,VIRGINIA('Tmchasef');and INDEPENDENT TRUSTEES,INC. C'Esaow Agent"). RECITALS WHEREAS,Sella and Purchaser are parties to that certain Agreement for Purchase and Sale(the"PSA')dated as of September 4,2009,as amended by that certain Amendment to Agreement for Purchase and Sale(the"Amended PSA")dated December 29,2009(the PSA and the Amended PSA shall be collectively referred to herein as the"Purchase Contract),for the sale of certain property described therein located in Virginia Beach,Virginia(the Property); WHEREAS,Sella,Purchaser and Escrow Agent are parties to an escrow agreement dated December 29,2009,whereby prior to and without the recordation of the Quitclaim Deed, the parties agreed under the tams of the Purchase Contract to preliminarily close the tramaelion in escrow pursuant to the terms of that certain escrow agreement(the"Escrow Agreement"); such preliminary dosing in escrow being herein' after referred to as the"Escrow Closing";the term of the Escrow Agreement having been extended by an August 31,2010 exchange of amails among the parties to the Escrow Agreement; WHEREAS,pursuant to the Escrow Agreement,Seller and Purchaser did in fact hold an Escrow Closing,whereby certain doemumts were placed in escrow along with the sum of Ta, Million and 00/100 Dollars($10,000,000.00),and said documents am currently held by the Escrow Agent and the said sum is held in an interest-bearing account WHEREAS,by a Second Amendment to Agreement Sr the Purchase and Sale dated as of September 4,2009,the parties have agreed to the following changes in the terms of the trnnsadion: (i)providing for the payment to Seller of$30,000,000 as part of the disbursal of feeds and documents(the"Disbursal")by the Escrow Agent pursuant to the teems of the Escrow Agreement(as mended as described hereafter);(ii)as part of the Disbursal(as a final act of the Escrow Agent during the Disbursal)providing Seller with Pathaser's written exorcise of the option granted under Section 19 of the Amended PSA and a separate Option Agreement(the "Option"),so that Purchaser will purchase the Easement(as that term is described in Section 13.12(a)(u)of the PSA)by September 29,2010;(iii)changing the terms of the Option Agreement(iv)providing for the receipt by NSR as pert of the Disbursal of a fully-executed agreement between Sella and the Transportation District Commission of Hampton Roads ("HRT")by which HRT commits to pay NSR the sum of$5,000,000.00 over five(5)years in equal$1,000,000.00 amounts(the"HRT Agreement");and(v)modifying the Escrow Agement to account for the aforementioned changes,and the parties enter into this Second Amendment about these changes. NOW,THEREFORE,in consideration of the agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree that effective Septmba 15,2010,the Escrow Agreement is hereby amended as follows: 1. The parties agreed to a revised Option Agreement,and by execution of this Amendment,the Escrow Agent baby ad nowledges the receipt of two(2)counterpart originals of a revised Option Agreement executed cm behalf of Salle and Purchaser(the"Revised Option Agreement"),as a substitute for and to take the place of the two(2)counterpart originals of the Option Agreement previously signed and which previous Option Agreement counterpart originals Escrow Agent shall destroy. 2. The Escrow Agent hereby also aclmowledges the receipt of(2)comtapart originals of an agreement between HRT and Sella concerning HRTs commitment to pay Seller 55,000,000.00 in five(5)equal amounts ova five consecutive years,with the first$1,000,000.00 being due and payable in federal fiscal year 2011 between July 1,2011 and October 1,2011,and the other four(4)equal amounts of$1,000,000.00 being due and payable thereafter,in consecutive&deal fiscal years 2012-2015,also between July 1 and October 1 in those four(4) following consecutive yeah(the"HRT Agreement')and one(1)counterpart original form Purchaser of the Exercise Letter(as haeinafta defined). 3. The parties acknowledge that the Ferebee Affidavit was successfully recorded among the land records of Virginia Beach,Virginia and that therefore Section 3(x)of the Escrow Agreement is no longer of any effect- 4. ffect4. Section 2 of the Escrow Agreement is haeby deleted and is replaced with the following Section 2: "Escrow Instructions. In the event that Purchaser delivers to Escrow Agent the following items: (a) 520,000,000.00 of the Purchase Price of the property($17,500,000.00 frim the Virginia Department of Transportation("VDOT")and 52,500,000.00 from Purchaser);plus (b) A fully executed and binding agremem between Seller and HRT whereby HRT commits to pay Seller 55,000,000.00 in five(5)equal amounts over five consecutive years,with the first$1,000,000.00 being due and payable in federal fiscal year 2011 between July 1,2011 and October 1,2011,and the other four(4)equal mounts of$1,000,000.00 being doe and payable thereafter,in emsxative federal fiscal years 2012-2015,also between July 1 and October 1 in those far(4)following consecutive years(the"HRT Agreement");plus (c) S5,000,000.00 of the perdue price for die Option(as defined below) ($2,500,000.00 from VDOT and 52,500,000.00 from Purchaser);plus (d) A filly executed and binding letter of exercise by Purchase of the option granted under Section 19 of the PSA and a separate Option Agreement(the"Option"),so that Pmcbaser will pmrhase the Easement(as that tam is described in Section 13.1.2(a)(ii)of the PSA)fir 55,000,000.00($2,500,000.00 from VDOT and $2,500,000.00 from Purchaser)by Septanba 29,2010(the"Exercise Later"); them Escrow Agent shall prompolyproceed with dosing the transaction pursuant to the instructions ser forth in this Section 2 and in any other written document executed on behalf of Seller and Purchase. Accordingly,Escrow Agent shall record the remaining Recordable Closing Documents in the following order(listed first to last): (a) Boundary Plat. (b) Quitclaim Deed. Immediately thereafter,Escrow Agent shall deliver to Sella(A)the stun of$30,000,000.00 by wire or check,(B)all interest earned on City's Payment by wire or check,(C)our(1) carmtapart original of both the Revised Option Agreeaneit aid the Assent,and(D)one(1) comterpait original of the ERT Agreanent and the Exercise letter. In addition,the 55,000,000.00 for the Option will be paid to Seller on a date mutually agreed won between Purchaser and Seller,but in no event shall troch date be later than September 29,2010. In addition,also immediately thereafter,Escrow Agent shall deliver to Purchaser DO one (1)counterpart original ofboth the Revised Option Agreana t and the Assignment,.and(Y)one (1)copy of each of the other Remaining Closing Docrmeots,accept Purchase shall not receive a copy of the ERT Agreement and the Exercise Lena. Escrow Agent shall also deliver to HRT one(1)counterpart original of the HRT Agreement 5. Termination. Section 3 of the Escrow Agreement is hereby deleted and is replaced with the following Section 3: "In the event of a Temination Event(as defined below),unless otherwise instructed by both Seller and Purchaser in writing,Escrow Agent shall promptly(a)deliver to Seller a payment equal to all interest earned on City's paymentthrough the date of the respective Termination Event,(b)deliver to Purchaser a check for$10,000,000.00,and(e)release the ceontapart originals of the Recordable Closing Documents to each respective patty executing same. In addition,in the event that the Escrow Agreement is terminated,Escrow Agent shall deliver to VDOT the remaining$20,000,000.00 of the Purchase Price provided snob amount has been delivered to Escrow Agent For purposes of this Section 3,a'Termination Evert' shall be one of the following: (x) Failure(A)by Purchaser or VDOT to deliver to Escrow Agent by September 24, 2010 the remaining$20,000,000.00 of the Purchase Price and(B)by Parches=to deliver to Escrow Agent by September 24,2010 the Exercise Letter; (y) Failure by Seller to deliver to Escrow Agent the HRT Agreement by September 24,2010;or (z) Written notice to Escrow Agent by either party signal under penalties of perjury that the Purchase Contract has been terminated pursuant to the terms set ferffi therein? 6. jvfucellanmos. Unless otherwise specifically defined to the contrary in this Amendment,the tens used in this Amendment shall have the sane definition and meaning as set forth in the Amended PSA,as amended. In the event of a conflict between the terms, conditions and provisions of this Amendment and those of the Escrow Agreement,the tams, conditions and provisions of this Escrow Agreement shall prevail. Except as otherwise modified by this Amendment,the Escrow Agreement shall continue in full three and effect. IN WITNESS WHEREOF,the parties have hereunto set their hands and affixed their seals,the day and year fust above writtea This Amendment may be executed byfacsimie which each party tall dean to be an originaL NORFOLK SOtin'.RN RAILWAY COMPANY By: F.Blas Wimbush Vice President [Signatures continue on the following pages] Attest: CITY OF VIRGINIA BEACH,VIRGINIA: By. (SEAL) -- __-- James IC Spore,City Manager APPROVED AS TO CONTENT: APPROVED AS TO FORM: Public Works/Real Estate City Attorney ESCROW AGENT ATTEST: INDEPENDENT TRUSTEES,INC. Secretary Name: Title: - . CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments Into a Portion of the City Property Known as Treasure Canal, Located at the Rear of 2248 Windward Shore Drive MEETING DATE: March 21, 2017 • Background: Michael Griese and Kathy L. Griese have requested permission to maintain the existing vinyl bulkhead with 18" wood cap, and to construct and maintain a private pier (U-shaped and extending approximately 32' into the canal), a 18' x 32' open-sided roof and a 12' x 12' boat lift upon the City property known as Treasure Canal located at the rear of 2248 Windward Shore Drive. There are similar encroachments in Treasure Canal, which is where the Applicants have requested to encroach. • Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. In accordance with the recommendations of City Council to help address water quality protection in conjunction with Temporary Encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environmental Management Center. Staff is of the professional opinion that the establishment of a 15-foot-wide vegetated riparian buffer area consisting of under story trees and shrubs in a mulched bed running the entirety of the shoreline adjoining the applicants' property is feasible and warranted to help reduce long term water quality impacts associated with the existing and proposed encroachments. The applicants have submitted a plan for establishing a 15-foot-wide vegetated riparian buffer that has been reviewed and approved by the Department of Planning/Environmental Management Center. As part of the application, the Grieses have submitted concurrences from neighbors, Myers and Darrow. • 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 Form, Agreement, Ordinance and Exhibit "A". Recommended Action: Approval of the ordinance. Submitting De• . • e• . : -ncy: Public Works/Real Estate yi City Manager: e mss 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF THE CITY 6 PROPERTY KNOWN AS TREASURE 7 CANAL, LOCATED AT THE REAR OF 8 2248 WINDWARD SHORE DRIVE 9 10 WHEREAS, Michael Griese and Kathy L. Griese desire to maintain an 11 existing vinyl bulkhead with 18"wood cap, and to construct and maintain a private pier(U- 12 shaped and extending approximately 32' into the canal), a 18'x 32' open-sided roof and a 13 12' x 12' boat lift upon the City's canal known as Treasure Canal, located at the rear of 14 2248 Windward Shore Drive; and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Michael Griese and Kathy L. 25 Griese, their heirs, assigns and successors in title are authorized to maintain the existing 26 vinyl bulkhead with 18"wood cap, and to construct and maintain a private pier(U-shaped 27 and extending approximately 32' into the canal), a 18'x 32'open-sided roof and a 12'x 12' 28 boat ift in the City's property as shown on the plat entitled: "EXHIBIT A ENCROACHMENT 29 REQUEST FOR MICHAEL AND KATHY GRIESE LOT 54, SECTION ONE BAY ISLAND 30 LYNNHAVEN DISTRICT (M.B. 45, PG. 37)," prepared by Water Consulting, Inc. dated 31 August 25, 2016, a copy of which is attached hereto as Exhibit "A" and on file in the 32 Department of Public Works and to which reference is made for a more particular 33 description; and 34 35 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 36 expressly subject to those terms, conditions and criteria contained in the Agreement 37 between the City of Virginia Beach and Michael Griese and Kathy L. Griese (the 38 "Agreement"), an unexecuted copy of which has been presented to the Council in its 39 agenda, and will be recorded among the records of the Clerk's Office of the Circuit Court of 40 the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and i 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as Michael Griese and Kathy L. Griese and the City Manager or his authorized 46 designee executes the Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 49 , 2017 CA- 13837 R-1 PREPARED: 3/3/17 \\vbgov com\dfs1 applications kllylawprod\cyaom32\wpdocs\d00f\p020\00330254.doc APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM • PUBLIC WORKS, REAL ESTAT' _DANA.R.14A M ER aLpkii SENIOR CITY ATTORNEY 2 �P� GP r N. LOT 53 Q.P , i,1� S 09 �p Ss N/F D.C. MYERS ��P `-pZ;�i) 4' fF w. 2409-09-6220 �a6.. <<- �.1 (ii 200207313010058 yo ,(1j , 7/ PROPOSED G °:_�/-c'i PRIVATE PEIR AND �+ t-, S) ( . V 18' x 32' OPEN-SIDED ROOF yT _Vi EXISTING t I PROPOSED PRIVATE PIER(TYP) PIER & BOAT S 5419'07- W ‘-‘..11 S ')" PROPOSED 12x12 BOAT LIFT HOUSE 5 74 . )r{11�� '0. PROPOSED 18x32 ROOF ;Z N 1 0 N 9 :35s2377 \ # / \t HO i S 0 E�J �<jx v \••••••••••0,� - � 'a / ��J�/x` 0� +" 77;` � ,-YO0 BUISTING ANY LLKHEAD WITH '4D 047/ /x`,,,�ppp•/ i2 I9" wooD CAV �1?�'950 SF SUFFER �.y.�„ y ' yja X, RESTORATION/v 1,/:��( 27 >7' A, v.�/' ,� ,, _ ;I" �. 11PF 0117.91' > rJr`r . y� •)/1 1 1 i'� :V Jr) �C ` 0 I \ LOT 55 1,839 SF BUFFER ✓,rvX - N/F D.H. DARROW RESTORATION y _ FA ml 2409-09-7055 -1 200509020140924 1 Us 1 5' DRAINAGE I I '^ ESMT. yTH OF Dj 5' DRAINAGE 1 1 1C� QC,J ESMT. � ' / GREGORY O.MILS7EAD 9 GPIN 2409-09-5081 I 1,-1 Lie. No. 047323 INST: 20151028001057610 PROPOSED too� 12(!jt(s �d4 (M.B. 45, PG. 37) IMPROVEMENTS BSlcs SIONAL - 0 23' 30' 1 1'•25 ©2016 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED. 1 if 1, WATERFRONT EXHIBIT A �aCONSULTING, INC.INENCROACHMENT REQUEST FOR 25BY VIRGINIA BEACH.VA STE323 MICHAEL and KATHY GRIESE x)42BEACH.VA23131 PH/FAX:G57)4258244,CELL!Gm 810.7902 LOT 54, SECTION ONE ENGINEERING SERVICES PROVIDED BY: BAY ISLAND (M.G.45, PG. 37) CHESAPEAKE BAY SITE SOLUTIONS,INC. 3913 CROMWELL PARK DRIVE LYNNHAVEN DISTRICT DATE: AUGUST 25, 2016 I JI — - I i r - — .- N s..pnf of \ ��J i..- A �-� (J ♦ •N W6 ' ;t.SI 5 "Ira '1i / • 4r •• `� ' t o 1 ti_ _ j • N, ,‘„„cP8Si1,4 4 ° 1 -�! '• ilit• ot....:..;....P.iti0h.11s • £ 24O9.O94OB1 /moo- ,.:. - ) _ 1 t'P • sxttiz —'� ► . 4.11m..........6 15`,.- s Vihori t 01\\* ivy. I_ "A—Itis i 1 , LOCATION MAP Legend \ ENCROACHMENT REQUEST FOR MICHAEL GRIESE AND City Properties \ KATHY L. GRIESE C 12409-09-5081 \` 2248 WINDWARD SHORE DRIVE GPIN 2409-09-5081 Note: This property is not located EN=1==11111 Feet in an AICUZ Noise Zone 0 100 200 400 Standing at the rear of 2248 Windward Shore Drive facing North-East ti .4. Yom._ .'.Y- `.. . - .„ . •4w • ♦ 44 Yr J .c _ !r►.. ';‘,1/4*---. _ I •.- - r la in- . .: a y I Pg111' - —-- Atr, - r ti””.. 000228'2616°02616 Ta:q�7 f a Give Virginia Beach APPLICANT'S NAME Michael and Kathy Griese 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 4 • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). L_I APPLICANT NOTIFIED OF HEARING DATE. d b Niv all Aea NO CHANGES AS OF DATE: 3I alb! ayssi'(CP ❑ REVISIONS SUBMITTED DATE: Virginia Beach IX 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_Michael and Katjy Griese If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotesI and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE • Complete Section 2 only if property owner is different from Applicant. ki 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 XB ' Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 'Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act,Va. Code§ 2.2-3101. 2 'Affiliated business entity relationship" means 'a relationship, other than parent-subsidiary relationship,that exists when (I) one business entity has a controlling ownership Interest in the other business entity, (II) a controlling owner In one entity Is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities" See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the apolication or any business operating or to be ooerated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) l Accounting and/or preparer of Dixon,Hughes your tax return IA Architect/Landscape Architect/ Go Outdoors, Inc Land Planner ® Contract Purchaser(If other than Elthe Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed f ra purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors East Bay Construction Corp. nEngineers/Surveyors/Agents WCI, Chesapeake Bay Site Solutions Financing(include current Towne Bank ® ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Wolcott, Rivera, Gates Real Estate Brokers / n Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia 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 pr vided herein two weeks prior to the Planning Commission, Council, VBDA m ting, or meeting of any public body or committee in connection with this lication. -ectiy''..en,�/ CAARL; Michael and Kathy Griese //Q(,//I CANTS SIGNATURE PRINT NAME DAT Page 5 of 7 UN OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ® ❑ Accounting and/or preparer of Dixon, Hughes your tax return nArchitect/Landscape Architect/ Go Outdoors. Inc. Land Planner ❑ Contract Purchaser(if other Chau Zthe 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) • nConstruction Contractors East Bay Construction Corp. ▪ ❑ Engineers/Surveyors/Agents WCI,Chesapeake Bay Site Solutions Financing (include current Towne Bank ® ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Wolcott,Rivers,Gales n Legal Services Real Estate Brokers / • ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information p 'vided herein two weeks prior to the Planning Commission, Council, VBDA m 3 ting, or meeting of any public body or committee in connection with this f lication. Michael and Kathy Griese / ,76//"J "OPERTY OWNER'S SIGNATURE PRINT NAME ATE Page 7 of 7 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 707,k day of k Luember , 2016 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and Michael GRIESE, and Kathy L. GRIESE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Site 54"; as shown on that certain plat entitled: "Subdivision of Bay Island, Section One Princess Anne Co. VA Lynnhaven Magisterial District" which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at page 37 and 37A, and being further designated, known, and described as 2248 Windward Shore Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain the existing vinyl bulkhead with 18" wood cap, and to construct and maintain a private pier (U-shaped and extending approximately 32' into the canal), a 18' x 32' open-sided roof and a 12' x 12' boat lift, collectively the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City canal known as Treasure Canal Inlet the "Encroachment Area"; and GPIN: 2409-09-5081 - 2248 WINDWARD SHORE DRIVE, VIRGINIA BEACH, VA 23451 CITY CANAL— NO GPIN REQUIRED OR ASSIGNED 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 REQUEST FOR MICHAEL AND KATHY GRIESE LOT 54, SECTION ONE BAY ISLAND LYNNHAVEN DISTRICT (M.B. 45, PG. 37)," dated August 25, 2016, prepared by Waterfront Consulting, Inc., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must 2 be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the 'Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Environment and Sustainability Division of the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready 3 for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 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 4 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, Michael Griese and Kathy L. Griese, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201_, 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 201_, 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 P i IP By Ai ii . Michaeçriese. Owner By Lacetd Kathy L. G ' se, Owner STATE OF CITY/COUNTY OF IAirt .4 1(461 , to-wit: The foregoing instrument was acknowledged before me this o2 5 day of NIM.ntirl , 201 , by Michael Griese. /��j ah ,/ `�I. ai ahi, i�fl (SEAL) Notary Public iVV/ •��arr^rn. o`°BONA A(��'E`,'•. p� , �: Notary Registration Number: t/Iol 5€ o 7 c 41236 /a m :; ?360. t; My Commission Expires: it,iii y 1 07(lI'p •.,LiG„ n... STATE OF CITY/COUNTY OFPr/iv/. 3eadi , to-wit: The foregoing instrument was acknowledged before me this aS day of lUO✓inihe , 201 G , by Kathy L. Griese. L40uw 04' ..P AU L) p Notary Public L •• ..,, � _ ,Fe''. ��`rNOTAA) c.A I' :4( r comm.ryin. y Notary Registration Number: 1 (23'07 :n ?/ i 1. 1-ii /' so • 4123607 ¢j i My Commission Expires: t//'1 7) I � ..Coti'+c/8L1�. 1� 7 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SIGNATU=E 3_ (a.—v-�� DANA R.44A- ' YER SENIOR CITY ATTORNEY DEPARTMENT 8 APV <po GP / 0 LOT 53 1,P; < 'J C, 0O CiP09 N/F D.C. MYERS SPR Ob O 2409-09-e220 c n.t rt 1 200207313010058 �q0 ,lx4_±.jC}/ PROPOSED �o � '-' PRIVATE PEIR AND -0';Yyg-�fl 18' x 32' OPEN-SIDED ROOF t,�4Vi-V EXISTING (,r i PROPOSED PRIVATE PIER(TYP) PIER & BOAT S 5419'07' W S / //''PROPOSED 12x72 BOAT LIFT HOUSE 5.74 A,�. (!{ �/ %PROPOSED 78x32 ROOF jii Ar ♦ • Q N 5735'06• E 12023'_ x� z i o. x x / y//I: x /, v\ o, / `LSO EXISTING VINYL BULKHEAD WITH / ` ). i�, / A v.& ' '-,� 18" WOOD CA Py 44 950 SF SUFFER ` - �j \5 RESTORATION7. <,( �`,\ y, j. ' 4'+ 2 /7 Y> , -•: ; 1 IPF 0 117.91' /11),";,1\2,-/--1 ,___---•,--:. w1. 1 1 '1/x j '2?Y 1 11 LOT 55 1,839 SF BUFFER �/y, \ _< '- N/F D.H. DARROW RESTORATION ,y `y!� mI 2409-09-7055 �� fee 1 200509020140924 y1 64 1 5' DRAINAGE yTH OF 1 '1m/ ESMT. �� `J•-r ESMT.A— u1 o �� LOT 54 ' g�l o GREGORY O.MILSTEAD P GPIN 2409-09-5081 1 151. Lie. No. 047323 INST: 20151028001057610 PROPOSED 1 12 IS }4°� (M.B. 45, PG. 37) IMPROVEMENTS BSSIONAL BSC° 0 25' 55 1 1 1'•25 ©2016 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED. , '• EXHIBIT A L ►. CONSULTING,INC.IN.. ENCROACHMENT REQUEST FOR 25M DUALITY COURT,STE 223 MICHAEL and KATHY GRIESE NRDINN BEACH,VA 22454 P4UFAY:(7BT)426B2M,CELL:(767)5,92322 LOT 54, SECTION ONE ENGINEERING SERVICES PROVIDED BY: BAY ISLAND M. CHESAPEAKE BAY SITE SOLUTIONS,INC. ( a.45,PG.37) 3913 CROMWELL PARK DRIVE LYNNHAVEN DISTRICT DATE: AUGUST 25, 2016 Part 2— Signatures (continued) ADJACENT PROPERTY OWNER'S ACKNOWLEDGEMENT FORM I (we), David K DM10rr ,own land next'to(across (Print adjacent/nearby property owner's name) the water from/on the same cove as)the land of Mind Griese (Print applicant's name(s)) I have reviewed theapplicant's project drawings dated Dec mber 7,1015 (Date) _ _ to be submitted for all nese Fede<al c :,t amilocal permits. I HAVE NO COMMENT ABOUT THE PROJECT. I DO NOT OBJECT / TO THE PROJECTr d:'�( f o ,vl biwn 00664- I J/.� 413--- I OBJECT TO THE PROJECT. o The applicant has agreed to contact me for additional comments if the proposal changes prior to construction of the project (Before signing this form be sure you have checked the appropriate option above). Adjac by pr wner's si gnahue(s) l /-2q/ ! 7-- Date Note:If you object to the proposal, the reason(s)you oppose the project must be submitted in writing to VMRC. An objection will not necessarily result in denial of the project; however, valid complaints will be given full consideration during the permit review process. • Revised: July 2012. 11 Part 2 — Signatures (continued) ADJACENT PROPERTY OWNER'S ACKNOWLEDGEMENT FORM I(we) Don A.Myers , own land next to'(across (Print adjacent/nearby property owner's name) the water frunl/on the same cove as)the landof Michael tlriese (Print applicant's name(s)) I have reviewed the applicant's project drawings dated December 7,2015 (Date) to be submitted for all necessary Federal,state andjocal permits__ I HAVE NO COMMENT ABOUT THE PROJECT. I DO NOT OBJECT X TO THE PROJECT. I OBJECT TO THE PROJECT. The applicant has agreed to contact me for additional comments if the proposal changes prior to construction of the project (Before signing this fonn be sure you have checked the appropriate option above). Adjacent/nearby prop` wner's signature(s) / Date Note: If you object to the proposal, the reason(s)you oppose the project must be submitted in writing to VMRC. An objection will not necessarily result in denial of. the project; however, valid complaints will be given full consideration during the permit review process. Revised: July 2012 11 ro` VS iff CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Donate Twelve (12) Haenni WL101 Wheel Load Weigher Scales to the Department of Air Force Police 733d Security Forces Squadron at Fort Eustis MEETING DATE: March 21, 2017 • Background: The Virginia Beach Police Department (VBPD) would like to donate some of their older scales used to weigh trucks to other agencies in need of that type of equipment but that cannot afford them. The 733d Security Forces Squadron based out of Fort Eustis has expressed an interest in obtaining some of the scales in question in order to help bolster their motor carrier unit's capabilities. The VBPD would like to donate 12 Haenii WL101 Wheel Load Weigher scales to the Traffic Enforcement and Collisions Investigations Unit with the 733d Security Forces Squadron at Fort Eustis. • Considerations: The VBPD has replaced these scales with newer models and no longer needs the older scales. • Public Information: Advertisement will be as part of the City Council agenda. • Recommendations: Donate 12 Haenii WL101 Wheel Load Weigher scales to the 733d Security Forces Squadron. • Attachments: Ordinance. Recommended Action: Approval Submitting De. =rt -n • ,ency: Virginia Beach Police Department 0- City Manager it \ 1 AN ORDINANCE TO DONATE TWELVE (12) HAENNI 2 WL101 WHEEL LOAD WEIGHER SCALES TO THE 3 DEPARTMENT OF AIR FORCE POLICE 733D SECURITY 4 FORCES SQUADRON AT FORT EUSTIS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 Whereas, pursuant to Virginia Code § 15.2-953(C), the City may donate personal 10 property to another governmental entity outside of the Commonwealth of Virginia; and 11 12 Whereas, twelve (12) Haenni WL101 Wheel Load Weigher Scales belonging to 13 the Virginia Beach Police Department's Motor Carrier Unit no longer serve a useful 14 purpose for the City of Virginia Beach; and 15 16 Whereas, the Department of Air Force Police's 733d Security Forces Squadron 17 at Fort Eustis has requested that the City of Virginia Beach donate the scales in 18 question in order to help bolster their motor carrier unit's capabilities. 19 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the twelve (12) Haenni WL101 Wheel Load Weigher Scales belonging to 25 the Virginia Beach Police Department's Motor Carrier Unit are hereby donated to 26 Department of Air Force Police's 733d Security Forces Squadron at Fort Eustis, 27 Virginia. 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: fa-- , �. DOS Chief James Ce era Eliz th Bradley Dddarnette Virginia Beach Police Department Public Safety Attorney CA13901 R-1 March 1, 2017 [ ,0%., 1 cnt CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Donate Ten (10) Haenni WL101 Wheel Load Weigher Scales to the Federal Emergency Management Agency (FEMA) Warehouse MEETING DATE: March 21, 2017 • Background: The Virginia Beach Police Department would like to donate some of their older scales used to weigh trucks to other agencies in need of that type of equipment but that cannot afford them. The FEMA Warehouse has expressed an interest in obtaining some of the scales in question. Based upon that, the VBPD would like to donate 10 Haenii WL101 Wheel Load Weigher scales to the local Federal Emergency Management Agency(FEMA) Warehouse. • Considerations: The VBPD has replaced these scales with newer models and no longer needs the older scales. • Public Information: Advertisement will be as part of the City Council agenda. • Recommendations: Donate 10 Haenii WL101 Wheel Load Weigher scales to the FEMA Warehouse. • Attachments: Ordinance. Recommended Action: Approval Submitting De. . ment/Agency: Virginia Beach Police Department - City Manager'I 1 AN ORDINANCE TO DONATE TEN (10) HAENNI WL101 2 WHEEL LOAD WEIGHER SCALES TO THE FEDERAL 3 EMERGENCY MANAGEMENT AGENCY (FEMA) 4 WAREHOUSE 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 Whereas, pursuant to Virginia Code § 15.2-953(C), the City may donate personal 10 property to another governmental entity outside of the Commonwealth of Virginia; and 11 12 Whereas, ten (10) Haenni WL101 Wheel Load Weigher Scales belonging to the 13 Virginia Beach Police Department's Motor Carrier Unit no longer serve a useful purpose 14 for the City of Virginia Beach; and 15 16 Whereas, the Federal Emergency Management Agency (FEMA) Warehouse, 17 located at 513 Viking Drive, Virginia Beach, Virginia has requested that the City of 18 Virginia Beach donate in the scales in question. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 That the , ten (10) Haenni WL101 Wheel Load Weigher Scales belonging to the 23 Virginia Beach Police Department's Motor Carrier Unit are hereby donated to the FEMA 24 Warehouse located at 513 Viking Drive in Virginia Beach. 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: �//�� Chief James Cervera Elizalth Bradley De)!rnette Virginia Beach Police Department Public Safety Attorney CA13901 R-1 March 1, 2017 K. PLANNING 1. SALEM LAKES STORAGE, LLC for a Modification of Proffers and Conditions re expansion of the building and parking lot at 1980 Salem Road (Approved May 8, 2012) DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 2. 1508 DEDHAM, LLC and ACT PARTNERS for a Conditional Use Permit re a Craft Brewery at 2272 West Great Neck Road, #2268 DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 3. ROBERT B. and DIANA C. DAVIS for a Conditional Use Permit re a Home-Based Wildlife Rehabilitation at 1804 Rainbow Court DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 4. SOHO LASHES, LLC and POTTER PROPERTIES GROUP, LLC for a Conditional Use Permit re a Tattoo Parlor at 1616 Hilltop West Shopping Center DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 5. CITY OF VIRGINIA BEACH for a Modification of Conditions re a fill for a Borrow Pit at the North side of Norfolk — Southern right-of-way, West of Air Station Drive (Approved August13, 2002) DISTRICT 6—BEACH RECOMMENDATION: APPROVAL NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the Cil of Virginia Beach will be held in me Council Chamber of the City Hall Building. Municipal Center. Virginia Beach, Virginia, on Tuesday, March 21. 2017 at 600 p.m., at which time the following applications will be heard: DISTRICT 5-LYNNHAVEN 1508 Dedham, LLC/ACT Partners COnditIOnal Use Permit (Craft Brewery)2272 W Great Neck Road. Suite 2260(GRIN 1590302212) DISTRICT S-CENTEROLIE Robert B & Diana a Davis [Conditional lisp Permit (Home- Based Wildlife Rehabilitation 1804 Rainbow Court(GPIN 1475938223) DISTRICTS-LYNNNAVEN Soho Lashes, LLC/Potter Properties Group, LLC af1111 nnnl Ilze Perms (Tattoo Parked 1616 Hilltop West Shopping Center (GRIN 2407090555) DISTRICT I-CENTERVItLE Salem Lakes Storage. LLC, a VA Limited Liability Co. IMMIfiGten Cl Proffers&Modification of rendition,. 1980 Salem Road (GRIN 1475905719) DISTRICT 6-BEACH an OF VIRGINIA BEACH MMI(IOatdOn Of Conditions (Borrow Pit)North Srde of Norfolk-Southern ROW.West of Air Station Drive(GPW 24073469161 All interested parties are invited attend. Ruth Hod 5er,MMC City Clerk Copies of the proposed ordinances. resolutions and amendments are on arle and may be examined in the Department of Planning or online at (idol//www.vegvsonroc. For information call 385-4621. If you are Physically disabled or visually impaired and neea assistance at this meeting, please call the CITY CLERKS OFFICE at 385- 43 BEACON: MARCH 5,'2017&MARCH 12,2017-111MEEACH. 1) )Ili ;` r.� -7 L---�. fir_--, i - i -� - ?r Cr-i 1-1 � 7NW� .. r _ r T i , e . 1: c_ I- __..4 t _. l �_ r-_ ti 1 3 r--_�J J I - I�-,..,.• IL ,.,-A ___ ., Iftl, r-, Cir--.--P t___1 Li I 111---- dm ill • .� - I r --� -CII I I i 7L---? ---' \\N / I r-L-7 7-7,---1,..„ 2....L.z, i . Li ".'ii-_-_--,-i t - rait r-1- rc-----2 ' rti / ci, c;, \ = rf T ± 1 I i 1 ai. i-L,\_ Li IN.is f I I i��L t . L__J1 ieli,, a 10 • I I N-, . 1 fa r- I t--5� r OC 5 1 jvz CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SALEM LAKES STORAGE, LLC [Applicant & Property Owner] Modification of Proffers and Conditions (Mini-Warehouse) 1980 Salem Road (GPIN 1475905719). COUNCIL DISTRICT— CENTERVILLE MEETING DATE: March 21, 2017 • Background: In 1998, the site was rezoned from R-5D Residential Duplex District to Conditional B-2 Community Business District to permit the expansion of an existing shopping center. A Modification of the Proffers and a Conditional Use Permit for Mini- Warehouse was granted in 2012 to allow for the development of a three-story mini- warehouse on the site. The applicant requests to modify the approved site plan in order to construct an approximately 17,710 square-foot expansion to the existing building and nearly 8,600 square feet of additional parking and loading/unloading space. • Considerations: The proposed expansion of the facility will remove an existing outdoor storage area and replace it with a building addition that is complimentary in size, color and building materials to the existing building. Since beginning operation on the site, Staff is not aware of any concerns regarding noise, light intrusion or any other impacts on the adjacent neighborhood caused by this facility. 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. All conditions attached to the Conditional Use Permit granted by City Council on May 8, 2012 shall be deleted and replaced with the following: 1. The existing wooded area along the eastern property boundary shall be preserved and maintained to the best extent possible. A Landscape Plan shall be submitted that, in addition to all requirements of the Zoning Ordinance, shall depict the proposed supplemental plant material within the Salem Lakes Storage, LLC 2 of 2 existing wooded area along the eastern property line. The species and location of this supplemental plant material shall be coordinated with the Development Services Landscape Architect. 2. All landscape material on the site shall be maintained to ensure the intent of the Category VI landscape buffer as outlined in the Virginia Beach Landscaping Guide. Any plant material that is dead, diseased or dying shall be replaced. 3. A Photometric Plan shall be submitted during the site plan review process to ensure that all lighting on the site be shielded and directed downward to limit the amount of overspill outside the property's boundary. 4. When the site is redeveloped, the property shall be used only for the storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, auto repair, or any other purpose not consistent with the storage of goods. There shall be no exterior (outside) storage of items on the property. 5. There shall be no permanent dumpster located on the site. • 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 Departm- •• •• gency: Planning Department/' ppi t City Manager: 1 Applicant & Property Owner Salem Lakes Storage, LLC, a VA Agenda Item Limited Liability Company Public Hearing February 8, 2017 City of City Council Election District Centerville4 Virginia Beach Request Modification of Proffers Approved by City Council on May 8, 2012 - 4 Modification of Conditions (Mini- t�' . Warehouse) i* • 1.... Staff Recommendation 1 `""""'w.� ate` M.C<Me me eoJtY<A- t„,,. Approval a —, I Staff Planner i I Jimmy McNamara 2,_ ` w...Me«on.. Tr Location aw.oa AO.- 1980 Salem Road j f — GPIN /� 1475905719 ' A,�/',� fNdh,q� .�/ C ` �Oe Site Size �C � ]��s, 2.26 acres AICUZ Less than 65 dB DNL Existing Land Use and Zoning District Self-storage facility/Conditional B-2 II 4 1 Wal Community Business District it, ik 1 lir Surrounding Land Uses and Zoning Districts } a I North � J 1% Pb''i `41 '` r Multi family dwellings/PD H1 Planned Unit • r� f ' Development ( ;�� �1•��• ' , i t t1 South , .�, r Grocery store/PD H1 Planned Unit y Development ' i.' t Pi frl t, East Ty ,.i <v+, Single-family dwellings/R-5D Residential �' West . _�' Salem Road •' n; `: r•-, .. Golf course/P-1 Preservation Salem Lakes Storage, LLC, a VA Limited Liability Company Agenda Item 4 Page 1 Nmommu Background and Summary of Proposal • In 1998,the subject site was conditionally rezoned from R-5D Residential Duplex District to Conditional B-2 Community Business District to permit the expansion of an existing shopping center. • In 2012,the proffers to the Conditional Rezoning were modified and a Conditional Use Permit for Mini- Warehouse were granted to allow for the development of a three-story, mini-warehouse facility with outdoor storage on the site. • The applicant requests a modification of the previous proffers and conditions of the existing Conditional Use Permit for a 17,710 square-foot expansion to the indoor storage facility, and an 8,591 square-foot expansion to the parking and loading/unloading area. • The submitted site layout depicts the expansion of the building and the parking area to the rear of the existing building. Like the existing building,the expansion is proposed with a mix of exterior building materials to include neutral color split-faced block veneer and metal wall panels,storefront windows and green standing seam metal roof. • The site will continue the use of the existing entrance to the adjacent shopping center for ingress/egress to the facility. • The existing outdoor storage area and surrounding vinyl fencing are proposed to be removed with this request. In place of the fencing, the applicant intends to add plant material within the existing wooded area to the east of the site. Additionally, a solid fence is proposed to connect to the existing privacy fences to the north of the facility. The applicant intends to seek a landscape encroachment agreement to plant additional plant material on the north side of the fence within the right-of-way. • The existing wrought-iron style fence that is visible from the adjacent shopping center to the south of the site is proposed to remain and will enclose the new proposed parking and unloading area. • As the storage facility is internal in nature, no additional fencing is required. However, Category VI landscaping is required by Section 237 of the Zoning Ordinance. The applicant requests a deviation to this standard for the east side of the site and instead, proposes to plant supplemental landscaping within the existing mature vegetation. In addition,the applicant plans to assess the existing landscaping and replant any of the material that is in need of replacement. Salem Lakes Storage, LLC, a VA Limited Liability Company Agenda Item 4 Page 2 R . '01/0 `"�i; d !! i( � �* Zoning History 3* # Request .��II�;�,J' 1 MOD Approved 05/08/2012 � CUP(Mini-Warehouse)Approved 05/08/2012 V .14 er_°V. 1 MOD Approved 10/27/1998 imi �� Ran .` �� g --`\ CRZ(PD.H1 to Conditional B-2)Approved 10/27/1998 ''....;17,111.1'f_ _'1'P8_Ht (Rellglous )� 2 REZCUP(PD H1toRUse5D)ApprovedApproved11/24/1992310/09/2003 REZ(PD-H2 to P1)Approved 07/09/1990 Ll. 0. 1/!I PD H7Liii-!( r j--__rte; -L-005771, -_ --- - ti agigaTa 1111111,11141.11 - t Appil'tion 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 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 waters. As a result,this area is subject to special drainage considerations and the Comprehensive Plan recommends that a preliminary drainage study be prepared. There are no significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 1. Salem Road 13,182 ADT 1 13,600 ADT 1(LOS 4"C") Existing Land Use 2-44 ADT 16,200 ADT 1(LOS°"E") Proposed Land Use 3-56 ADT 1Average Daily Trips z as defined by 17,710 Sas defined by 22,252 square feet of °LOS=Level of Service square feet of self-storage self-storage Salem Lakes Storage, LLC, a VA Limited Liability Company Agenda Item 4 Page 3 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Salem Road in the vicinity of this application is considered a two-lane undivided minor suburban arterial. The MTP proposes a four-lane facility within a 125-foot right-of-way. No roadway CIP projects are slated for this section of roadway. Public Utility Impacts Water &Sewer The site is currently connected to City water and sewer. Evaluation and Recommendation This request to expand the building square footage by 17,710 square feet with an addition that is substantially similar in style, building materials and color to the existing building, in Staff's opinion, is a reasonable request. This request will replace the outdoor storage area with a use that is much more attractive and compatible.The existing self-storage facility has operated on this site without incident. Staff is not aware of any concerns regarding noise or light intrusion or any other impacts on the adjacent neighborhood. 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 applicant is requesting a deviation to the requirement that the mini-warehouse be completely enclosed by Category VI landscaping. Instead,the applicant proposes preserving the existing tree line on the eastern property line and adding supplemental plantings to achieve the desired screening. The applicant is requesting that this deficiency be addressed through the provisions of Section 221 (i)of the Zoning Ordinance,which allows City Council to grant deviations from required landscaping if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." Staff concludes that a deviation in this requirement by using existing landscaping along portions of the eastern property lines will not adversely impact the adjacent properties as the existing trees and supplemental plantings will adequately screen the proposed use. On the north side, the applicant proposes to provide a fence that compliments the existing fence line and to provide the required landscape plantings. Staff finds this request to be an improvement to the site with the removal of the outdoor storage area and replacing it with an addition that compliments the existing building. As such, Staff recommends approval of this request with the conditions and proffers listed below. Salem Lakes Storage, LLC, a VA Limited Liability Company Agenda Item 4 Page 4 Recommended Conditions All conditions attached to the Conditional Use Permit granted by City Council on May 8, 2012 shall be deleted and replaced with the following: 1. The existing wooded area along the eastern property boundary shall be preserved and maintained to the best extent possible. A Landscape Plan shall be submitted that, in addition to all requirements of the Zoning Ordinance,shall depict the proposed supplemental plant material within the existing wooded area along the eastern property line.The species and location of this supplemental plant material shall be coordinated with the Development Services Landscape Architect. 2. All landscape material on the site shall be maintained to ensure the intent of the Category VI landscape buffer as outlined in the Virginia Beach Landscaping Guide. Any plant material that is dead, diseased or dying shall be replaced. 3. A Photometric Plan shall be submitted during the site plan review process to ensure that all lighting on the site be shielded and directed downward to limit the amount of overspill outside the property's boundary. 4. When the site is redeveloped, the property shall be used only for the storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, auto repair, or any other purpose not consistent with the storage of goods. There shall be no exterior(outside)storage of items on the property. 5. There shall be no permanent dumpster located on the site. 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 2012 Proffers is hereby deleted and replaced with the following"NEW PROFFER#1": 1. When the Property is developed, it shall be landscaped and developed substantially as shown on the exhibit, "SALEM ROAD STORAGE—PHASE 2 1980 SALEM ROAD",dated 10/15/2015, prepared by American Engineering, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Site Plan"). Proffer 2: Proffer numbered 2 in the 2012 Proffers is hereby deleted and replaced with the following"NEW PROFFER#2": 2. When the Property is developed,the exterior and building mounted signage of the Salem Road Self Storage building shown on the Site Plan shall be substantially similar in appearance to and shall utilize the external building materials as depicted on the three (3) page exhibit entitled, "AREA STORAGE & BUSINESS CENTER A PROPOSED COMMERCIAL STORAGE FACILITY FOR: BURNETTE CAPITAL SALEM RD. VIRGINIA BEACH, VA", dated 11/30/16, prepared by GMF &Associates, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevation Plan"). Salem Lakes Storage, LLC, a VA Limited Liability Company Agenda Item 4 Page 5 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. Salem Lakes Storage, LLC, a VA Limited Liability Company Agenda Item 4 Page 6 Proposed Site Layout > g< N F Z s QW 0 ,_8[L Z w > ! i �W1~NN< yQ� N W K 0 W is S' Rte^ aFZW 4 Q8� N§ALL � $ N F N 0 33M W zOm j:' . a to W �\ .... - .�� \ Klo 2 _- L.U a In N 00 y a _ /�/�./tiJ\ W pz_ 0 �0 0 0 0 • Wz CC ' w .0.151u tiIX avz i.IR ' x0 .o z /, 401 OJT CZ WU' LL y`y,•n,Y.. CO�o 0 2,- o CI MsAy''il.� O v 4- 0_ _ MM'' aei CC a CO Lk.1 re u 2 0 m0,.! o o e • • 0 0 �' Z ;a f eb • o Z z 1 -1 a • 0 r O O In fns [: + 2�� 'e mN X .�,r .'. z a O O N L_— iiiiii WK 00 zN „--.,-.� a~a O ~N I oW a v> u"- 'R.is oo.. O -z2 ¢ O I OaN > 0 QV 0 _01 o I Cg g a I w O K P 0 O 0 10 0 0 -�•1 • .4F>z 0ocrcn (7)zaz (iri o1- N a22 OLL Salem Lakes Storage, LLC, a VA Limited Liability Company Agenda Item 4 Page 7 Proposed Elevations 1aP_i 10 i 1 lul , a ; i'' . ' El 1 , I1 il - i 1 ! p, §4 . i 4 01 II ti g b I E u _ e Ii ' j )' -� its �_ H 311 ii,. I 1 r\jf 1 1 e\l i I I - yi i I i l _, , 11 0) 0.. i„ _____ I 1. L I i . CD1 i , 1 I � r i -ip 1 ! ; , , 6 g I ., b .40 ,4,- i fi 7 ma j 558 ., �8 8 ,.. .,„:h 1,411-11-11 ' jo A OA 0AY Salem Lakes Storage, LLC, a VA Limited Liability Company Agenda Item 4 Page 8 Proposed Elevations lb, ii1 ;pili i W d I Ail :40 Ill El i_ „.., 1 .1 F- Q !_ 18 5 t�.- g tiz, i 1 / 9 T11,i..1 \'';'":' � � • ` '0 :11.11 ,: f 1 ,jr4: i i ii /.. ' : F. . J / /: ,, . IP_ ii.:._ i '' fa ,- ,, - ; ! \, i - ., . ,:- 1 :., , .. 1. til vi . ili '', 6, OA h 6 i g t,7�{i4 'drd4Z 4Q VUI�Q iIQY� (5 v �� 1, J i t li: ihy 8 4 8 \ '1 r a Salem Lakes Storage, LLC, a VA Limited Liability Company Agenda Item 4 Page 9 Proposed Elevations dr e Pi 7.g 1 .441-*! 1 • ---\\ i u A ii QQ u ,,\ 1 \ /\ \ e 3 W 1 KD V!' - 40 llt . It\\ i y 1 — 4, \ M1\111111114 i n 1 \ !,i_ \ gt 1 Ilk . r� ` , \ P.1:7"17 ' ! b 0 I( l /I'.'-- -' 1 t'% ipg,„6,, f' 1 / 1000" fg a:184.4.41 I 1.+ 4 I Ihg��i �'yG. 0 G 39®9® 966 ®9 9Y Salem Lakes Storage, LLC, a VA Limited Liability Company Agenda Item 4 Page 10 Site Photos ,•01. .. ro"wl .°11 APIA 1111111111111 sregAsE , . . ---.., • '-• s 00,4:t. - . ' ',-ttk._ . . - •-- - ,r, '' 1 Alrb .. 4 - ,._____----------..•_ - , , , -..- _ •':gi ._,-, illrikkjilligr 1441*-'(:. . 0,0'':.'1 1111110.11111114- ' ! 11111111. pm" ,. ., Salem Lakes Storage, LLC, a VA Limited Liability Company Agenda Item 4 Page 11 1 Disclosure Statement Virginia Beach APPLICANT'S NAME Salem Lakes Storage, 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 FOR C n USE ONLY/ sL cf o rna,Pno-.o.' Page l of 7 uty . , ai,..,0 414. sSLIC. Q APPLUN. NOTIFIED OF HEARIN: LJe:e -i 4�y� air NO CHANCES AS en Sur 31al/ ) 7 j)4V/ Jimmy McNamara n REVISIONS SUMrrEo Onp Salem Lakes Storage, LLC,a VA Limited Liability Company Agenda Item 4 Page 12 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. (Al List the Applicant's name:Salem Lakes Storage. LLC If an LLC, list all member's names: See Attached List 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(or information pertaining to footnotes' and 2 a e SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Aooliepnt. Check here If the PROPERTY OWNER It 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 THFN complete the following. (Al List the Property Owner's name' If an LLC, list the member's names: Page 2 of Salem Lakes Storage, LLC, a VA Limited Liability Company Agenda Item 4 Page 13 Disclosure Statement • 104 Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees. etc. below: (Attach list If necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) -Parent subsidiary relationship' means relationship that exists when one corporation directly or Indirectly owns shares possessing morethan 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act,Va Code 5 7?3101. a '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.(ii1 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 onregular basis, or there Is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act. Va.Code§ 2.2 3101. a 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 Salem Lakes Storage, LLC,a VA Limited Liability Company Agenda Item 4 Page 14 Disclosure Statement APPLICANT vB YES NO L SERVICE PROVIDER ruse additional sheets it I ededl__J 0 Accounting and/or preparer of McPhilmps,Roberts&Dean.CPA's your tax return • ❑ Architect/Landscape Architect/ GMF a Associates Land Planner Contract Purchaser(if other than Elthe Applicant)-identify purchaser and purchasers service providers Any other pending or proposed Lam. • Z purchaser of the subject property (identify purchaser(s)and purchasers service providers) ❑ RI Construction Contractors EIEngineers/Surveyors/Agents American Engineering,Inc. Financing(include current TowneBank ® ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • nLegal Services Sykes,Bourdon,Ahem 8 Levy,P.C. Real Estate Brokers/ • ® 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 0 of 7 Salem Lakes Storage, LLC,a VA Limited Liability Company Agenda Item 4 Page 15 • Disclosure Statement Virgioin limb 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.� Ail 4 '{v,/f William R. Burnette,Jr.,Manager AAPPUCAHT'S SIGNATURE 1 PRINT NAME DATE Salem lakes Storage,LLC Page 5 of Salem Lakes Storage,LLC, a VA Limited Liability Company Agenda Item 4 Page 16 Disclosure Statement SALEM LAKES STORAGE,LW,A VIRGINIA LIMITED LIABILITY COMPANY MEMBERS: William R.Burnette,Jr.,Manager William IL Burnette,Sr. 0.Stone Burnette Cliff and Anne Burnette David Pender Susan Pender Michael J.Pender,Manager Archie Smith Ronald A.Hurley Pax Goodson Mark&Stephanie Russell Aubrey&Angela Loving William R.DeSteph Sam Finney Matt Gunter Elza H.Mitchum Jorge Debut Chris West Buddy Smith Happy Turtle Properties,LW Lowry Road Capital Partners,LLC Merva Storage,LLC H:\AM\Mod or Proffers\Salem lakes Storage\LIsr of Membe:.doe Salem Lakes Storage, LLC,a VA Limited Liability Company Agenda Item 4 Page 17 Item#4 Salem Lakes Storage, L.L.C. Modification of Proffers Modification of Conditions 1980 Salem Road District 7 Centerville February 8, 2017 CONSENT An application of Salem Lakes Storage, L.L.C.for a Modification of Proffer and Modification of Conditions (Mini-Warehouse) on property located at 1980 Salem Road, District 7, Centerville. GPIN: 1475-90-5719- 0000. PROFFERS PROFFER#1 1. When the Property is developed, it shall be landscaped and developed substantially as shown on the exhibit, "SALEM ROAD STORAGE—PHASE 2 1980 SALEM ROAD",dated 10/15/2015, prepared by American Engineering,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(hereinafter referred to as the"Site Plan"). PROFFER#2 2. When the Property is developed,the exterior and building mounted signage of the Salem Road Self Storage building shown on the Site Plan shall be substantially similar in appearance to and shall utilize the external building materials as depicted on the three(3) page exhibit entitled, "AREA STORAGE& BUSINESS CENTER A PROPOSED COMMERCIAL STORAGE FACILITY FOR: BURNETTE CAPITAL SALEM RD.VIRGINIA BEACH,VA",dated 11/30/16, prepared by GMF&Associates,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(hereinafter referred to as the "Elevation Plan"). CONDITIONS 1. The existing wooded area along the eastern property boundary shall be preserved and maintained to the best extent possible. A Landscape Plan shall be submitted that, in addition to all requirements of the Zoning Ordinance, shall depict the proposed supplemental plant material within the existing wooded area along the eastern property line.The species and location of this supplemental plant material shall be coordinated with the Development Services Landscape Architect. 2. All landscape material on the site shall be maintained to ensure the intent of the Category VI landscape buffer as outlined in the Virginia Beach Landscaping Guide. Any plant material that is dead, diseased or dying shall be replaced. Item 44 Salem Lakes Storage, L.L.C. Page 2 3. A Photometric Plan shall be submitted during the site plan review process to ensure that all lighting on the site be shielded and directed downward to limit the amount of overspill outside the property's boundary. 4. When the site is redeveloped,the property shall be used only for the storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, auto repair, or any other purpose not consistent with the storage of goods. There shall be no exterior(outside) storage of items on the property. 5. There shall be no permanent dumpster located on the site. A motion was made by Commissioner Oliver and seconded by Commissioner Horsley to approve item 4. AYE 10 NAYO ABSO 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 4 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. G\NiA40 I S4 E s CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-9768 DATE: March 10, 2017 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Salem Lakes Storage, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on March 21, 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 SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS SALEM LAKES STORAGE, LLC, a Virginia limited liability company TO(PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 1st day of December, 2016, by and between SALEM LAKES STORAGE, LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain parcel of land which is hereinafter referred to as the "Property" located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 2.256 acres. The Property is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; 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 B-2 Commercial Zoning Classification applicable to approximately 2.157 acres of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously approved First Amendment To Proffered Covenants, Restrictions and Conditions, dated June 3o, 2012, recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 2012052200056790 (hereinafter "2012 Proffers"), to reflect an amendment to the land use plan applicable to the Property; and PREPARED BY. GPIN: 1475-90-5719-0000 Prepared By: DYKES,BOLPIXA. �:UIEkH&LEVY.PCR.Edward Bourdon,Jr., Esquire VSB#22160 Sykes,Bourdon,Ahern&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, I restrictions and conditions contained herein modify Proffers numbered "1" and "2" as contained in the 2012 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 quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following amendment to the declaration of 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 2012 Proffers is hereby deleted and replaced PREPARED BV'. ®SY'kES.nu 'NOON. with the following"NEW PROFFER #1": i➢Auten ff l cvv.v.r. 1. When the Property is developed, it shall be landscaped and developed substantially as shown on the exhibit entitled, "SALEM ROAD 2 STORAGE — PHASE 2 1980 SALEM ROAD", dated 10/15/2015, prepared by American Engineering, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Site Plan"). 2. Proffer numbered 2 in the 2012 Proffers is hereby deleted and replaced with the following "NEW PROFFER #2": 2. When the Property is developed, the exterior and building mounted signage of the Salem Road Self Storage building shown on the Site Plan shall be substantially similar in appearance to and shall utilize the external building materials as designated on the three (3) page exhibit entitled, "AREA STORAGE & BUSINESS CENTER A PROPOSED COMMERCIAL STORAGE FACILITY FOR: BURNETTE CAPITAL SALEM RD. VIRGINIA BEACH, VA", dated 11/30/16, prepared by GMF & Associates, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the `Elevation Plan"). The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along PREPARED Be ®®SUES, DOrkhuN. with said instrument as conclusive evidence of such consent, and if not so recorded, said 11lAllum'&LLVY,r.c. instrument shall be void. The Grantor covenants and agrees that: 3 (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, i'i 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 SY. SAILS. PI/TRIM/N. MLR AUFRN&L[VY.Pl. 4 WITNESS the following signature and seal: Grantor: Salem Lakes Storage, LLC, a Virginia limited liability company //� By:4 �n (SEAL) William R. Burnett Jr,Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 1t day of December, 2016, by William R. Burnette, Jr, Manager of Salem Lakes Storage, LLC, a Virginia limited liability company, Grantor. Al Notary Public 0 My Commission Expires: August 31, 2018 �, Notary Registration Number: 192628 41, ' IN4C-PUtte. PREPARED BY'. ®SYIftS.0O1RI10N. 5 AIIERNRLR .P.C. EXHIBIT "A" ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being designated as Parcel 1 on that certain plat entitled, "AMENDED SUBDIVISION OF PARCEL B-1, SALEM LAKES MARKETPLACE, VIRGINIA BEACH, VIRGINIA", dated November 6, 2008, and made by Engineering Services, Inc., said plat being recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20090105000006900, to which reference is made for a more particular description. GPIN: 1475-90-5719-0000 H:\AM\Mod of Proffers\Salem Lakes Storage\Second Amendment to Proffers.doc PREPARED BY. S\KIA. BOURBON. AIItRN&L13rY.R.0 6 4_43. r cc-----\ ------\\ iIWO 5�r r r. , ,,,______,--k '\\ \ ti E 5 _ 7 \__,I = 00.1\ ti �� y ,, r , �I _ ` '191 r- ----n----.-..... Ot IL . --*-116,77-t---‘'-191----- 1115Vr L ^4--- S I'C'---------------'- ---- _„-----L.-----------\\ cs. CNI 1 1 ,) --111*\1*11- 111\ t tL�� c ----3... •,-:_- - ,S0\----, S)\-X. -,--- V:"„,,; 1 ...„,_,--- ) '..---c-------3. ::.. . 'f,::, 4 \-\ 4C T--\ CV \\r'-\Z .\. \.---"-. ' .4 1:11. \\":. ' \ Mi\\,\ .,.\ P,, %‘; M\--\- R_1 - •4 \.,.,\,c \c \.\,,„'\,'. `t \ I _- ',. _ 4 ,-) _____-----------or eat _..- -_-....:„.... - .._ _ _. - ,-,-._=:-: 4 r_1 _________------------- -\...:, _ \\ , 5 o- ___ Ic..._t .'`t t f I r wr r . i it or Ilk ___ L_, te c al,...c , . "--10 Ur4----1\ k 1 1 Um ' 90, \ 1 IL—A _, - • 't rl r \III N .%— ., 1 yl 1. ��"�=rf =�— r� I W ribra CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 1508 DEDHAM, LLC [Applicant] ACT PARTNERS [Property Owner] Conditional Use Permit (Craft Brewery) 2272 West Great Neck Circle #2268 (GPIN 1590302212). COUNCIL DISTRICT— LYNNHAVEN MEETING DATE: March 21, 2017 • Background: The applicant requests a Conditional Use Permit to operate a Craft Brewery within a 2,020 square-foot unit in a strip shopping center located along Shore Drive. Approximately two-thirds of the space will be dedicated to a seated bar area, table seating, standing room, a patio area and restrooms. The remainder of the square footage is proposed for the manufacturing and storage of beer. A small outdoor seating is proposed adjacent to the sidewalk and will be enclosed with a black- finished metal railing. • Considerations: The applicant has met with the Bayfront Advisory Commission, and their representatives have indicated that they are not opposed to this application as proposed. Existing parking at the site is sufficient for both the current uses in the shopping center along with the anticipated traffic associated with the proposed brewery. The approximately 17,300 square foot shopping center requires a minimum of 70 parking spaces. It appears that there are 74 parking spaces on the site. 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 passed a motion to recommend approval of this request by a vote of 10-0, subject to the conditions below. 1. The occupancy load for the Craft Brewery shall be established by the City of Virginia Beach Building Official's Office. 2. A Certificate of Occupancy shall be obtained prior to operation of the Craft Brewery. 1508 Dedham, LLC Page 2 of 2 3. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions with this Conditional Use Permit. 4. There shall be no sale or consumption of alcoholic beverages on the premises between midnight and 10:00 a.m. 5. 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. 6. The outdoor seating area shall not be enclosed by either a solid or chain- link fence, and shall maintain sidewalk clearance as required by building code. 7. All signage onsite shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. A separate sign permit from the Planning Department shall be required for the installation of any signage. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep. ment/Agency: Planning Department City Manager: 111\ Applicant 1508 Dedham, LLC Agenda Item Property Owner ACT Partners Public Hearing February 8, 2017 City Council Election District Lynnhaven nig of Virginia Beach Requests a. Conditional Use Permits (Craft Brewery& s $ N t d enue Open-Air Market) ocean SFore Crescen ? ocean Shore pv $ i „xnPla' ` --- c n v n1. Staff Recommendations f o BenteW. 1. Approval of Craft Brewery , Denial of Open-Air Market x - P I, 9 ShoreoAve 9 \ > 'f+ 1. s Staff Planner p 1.�- a. f Jonathan Sanders ao f �g A ? Location Svnmer haven Road 2272 West Great Neck Road o GPIN 7. c2 LMnnhavenorwe 1590302212 Wimw. 0 Site Size 56,875 square feet AICUZ Less than 65 dB DNL Existing Land Use and Zoning District "•: q1 !` / {l'%/-: 7, Mixed retail/ B-2 Community Business ` V:7:,...-- -- "' , ir *4 1- a �y i 1, .... Surrounding Land Uses and Zoning Districts ;`1> :- _t �.' ��,,•tts ',• e' North , -1 40;4s `� *s \r �J J t, Shore Drive ` f r `, : ,'Lr Restaurant/ B-4 Mixed-Use +1" ,•e� t, , � . . % `` South , ._ ' (f '6 - s ot • - Cape Henry Drive �' Power substation, single-family dwellings/ B-2 !. ►s ,w. .. % `+ \.1\_. Community Business, Conditional A-18 kg ^ .w •• • • � ,4, p ‘t *e Apartment ��. , • :g =kV',..-., ' ' 0,, , `�. vl East - t, - 't`• `. .f. .5-.4 Fire and rescue station/Conditional B 4 Mixed ,. Oli y '• �' 14 • " ► Use i.: it. . ....4 0---- West West Great Neck Road Restaurant, gas station, mixed retail/ B-2 Community Business 1508 Dedham, LLC Agenda Item 1 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Use Permit to operate a Craft Brewery within a 2,020 square-foot unit in a strip shopping center located along Shore Drive. Approximately two-thirds of the space will be dedicated to a seated bar area, table seating, standing room, a patio area and restrooms. The remainder of the square footage is proposed for the manufacturing and storage of beer. A small outdoor seating is proposed adjacent to the sidewalk and will be enclosed with a black-finished metal railing. • Initially, proposed typical hours of operation for the public will be 5:00 p.m. to 10:00 p.m. on Friday, and 12:00 p.m. to 10:00 p.m. on Saturday. Eventually, the applicant intends to expand the days of operation that they will be open to the public. • It is anticipated that up to two employees will be at the brewery during operating hours. • The applicant does not intend to serve or prepare food on the site; therefore, a Conditional Use Permit for Open-Air Market is requested to allow one food truck to operate within the parking lot, directly in front of the brewery. X8.4; B4 2 11/1; B-4' • Zoning History # Request eoN •t - 1 CUP(Boat Sales&Service)Approved 07/06/1999 e at? 2 CUP(Home for the Aged)Approved 06/27/1995 3 REZ(B-2 to Conditional PD-H2(A-18))Approved 301/04/1993 AziC Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being in Suburban Focus Area 1—Shore Drive Corridor. The Shore Drive Corridor is an integral part of the Bayfront Community, extending from North Independence Boulevard to First Landing State Park. While primarily a residential community, the corridor shares the responsibility of being one of Virginia Beach's primary east-west connectors, creating unique and sometimes problematic challenges. The area is considered a resort neighborhood and not a resort destination. The Shore Drive Corridor is primarily a residential neighborhood area with commercial uses to support the residents. 1508 Dedham, LLC Agenda Item 1 Page 2 Planning policies that apply to this request include improving the land use compatibilities, avoiding over- commercialization, preserving and protecting the character of established neighborhoods and achieving the lowest reasonable density for future residential uses. (pp. 1-70 & 1-71) Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay watershed. There do not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Shore Drive 33,878 ADT 1 17,300 ADT 1(LOS 4"C") 27,300 ADT 1(LOS 4"E") Existing Land Use 2-85 ADT 6,200 ADT 1(LOS 4"C") Proposed Land Use 3-31 ADT West Great Neck Road 8,086 ADT 1 1 a„ 11,100 ADT (LOS E") 1Average Daily Trips 2 as defined by 2000 square 3 as defined by 2000 square feet of 4 LOS=Level of Service feet of retail in a shopping drinking establishment center Master Transportation Plan (MTP) and Capital Improvement Program (CIP) There is a roadway CIP project proposed for this area. The Shore Drive Corridor Improvements Phase III (CIP 2-117) project will improve vehicular and pedestrian traffic flow and safety in the roadway and intersections and will include a multi-use trail, a five-foot sidewalk, on-street bike lanes and enhanced lighting. The limits of the project begin at Vista Circle, near the eastern end of the Lesner Bridge, and extend eastward through the Great Neck Road intersection and terminates at Croix Drive. The project is currently under design with construction estimated to begin in the fall of 2018. Public Utility Impacts Water and Sewer The site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation This request to occupy a 2,000 square-foot unit of a strip center with a Craft Brewery is recommended for approval. The site is located Shore Drive Corridor and the proposed use consistent with the Comprehensive Plan's land use goals for this area given the site's historical use as a commercial site. The applicant has met with the Bayfront Advisory Commission, and their representatives have indicated that they are not opposed to this application as proposed. Existing parking at the site is sufficient for both the current uses in the shopping center along with the anticipated traffic associated with the proposed brewery.The approximately 17,300 square foot shopping center requires a minimum of 70 parking spaces. It appears that there are 74 parking spaces on the site. The request for an Open-Air Market to permit a food truck in the shopping center parking lot poses some concern for Staff, as this is a shared parking lot for multiple uses. Staff has concerns that the addition of a food truck within the parking lot could pose a safety hazard for customers of the businesses within the shopping center and the brewery, particularly at night, as the food trucks creates a situation where people congregate.The congregation of customers could also interfere with customer parking for other businesses in the shopping center. 1508 Dedham, LLC Agenda Item 1 Page 3 Based on the considerations above, Staff recommends approval of the Craft Brewery request, subject to the conditions below, and denial of the Open-Air Market request. Recommended Conditions 1. The occupancy load for the Craft Brewery shall be established by the City of Virginia Beach Building Official's Office. 2. A Certificate of Occupancy shall be obtained prior to operation of the Craft Brewery. 3. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions with this Conditional Use Permit. 4. There shall be no sale or consumption of alcoholic beverages on the premises between midnight and 10:00 a.m. 5. 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. 6. The outdoor seating area shall not be enclosed by either a solid or chain-link fence, and shall maintain sidewalk clearance as required by building code. 7. All signage onsite shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. A separate sign permit from the Planning Department shall be required for the installation of any signage. 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. 1508 Dedham, LLC Agenda Item 1 Page 4 Site Layout - ..� . , , ` t - . 7......,.00111.— \ .,, \ �..y. •fit i•\ , •, a• 0, .---- , • • -.kip •i 1� ,t �; • • tilflOk ,.....4016sill .1:4• . ,,c ...'. .40: . 44 1611 It ,1 ,.."'ice" t' fF_ t y I I% . \‘' . 1508 Dedham, LLC Agenda Item 1 Page 5 Proposed Floor Plan 60X60 CONC. STOOP A , 1:12 RAMP 18" .._Af- (-0 ,._ ,,OP4 1 i �NLO' MIN .1-7_- � a I M EN TE Tr•-•^1BREAt HOUS 0 L_ W Io 0 . STAFF AREAS w KEG WASHER 868SF i` _ QCCUP:4 (—) `� HELF �'', HELF 0 0 WALK—IN. ,� v ?i- }� U; 6'—C' , 0 w W 0 t- - z w D Z = CO in 1 H' I 1 3—COMP _ 0 wz T :. ,. C`� � z F - 0 p GO 0000000 �W Z z TASTING [ADA ) C) i. L_, 948SF z z v) 7.7. D x %w DESIGN LOAD 75 _ i w0 wn ADA - C---)) D CI t, 1 Mry Ke , M FLOOR PLAN . J AD J 1/8"=1'-0" ,, Li 1508 Dedham, LLC Agenda Item 1 Page 6 Site Photos i G to ______ __________________ ._ ____ . .: ________________________ -777-7-___,._:„.„.., „ .... . ,._ .._ , . :;. .. iit id , . _ .....,_ . ..___ _ . _. . .Ateik4 ppm. . ,. 1.l...a 7ive- .7ink « a . i `� -]>• r�� _— _� mei . , MID - • - Fi I 1508 Dedham, LLC Agenda Item 1 Page 7 Disclosure Statement wa Virginia Beach APPLICANT'S NAME 1508 Dedham, 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 4 • The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. 4 • SECTION 1 / APPLICANT DISCLOSURE FOBCIT USEONLY/. � r c e , Page 1 of 7 lair^ gCo sccia . _ c.mee[i. , a ,e e .oi .epee a O APPUCANI NOTIFIED OF HEAPINC JADE Er NO o IANCES AS OF colE q � JS Jonathan Sanders • REVISIONS SUBMITTED 1508 Dedham, LLC Agenda Item 1 Page 8 Disclosure Statement 4Y Virginia Beach ElCheck 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: 1508 Dedham, LLC If an LLC, list all member's names: Darrell Cuenca, Jason Hechtkopf 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 entity2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if arooanv owner is different from Aoolican(. ▪ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the PROPFRTY OWNFR IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name:ACT Partners If an LLC, list the member's names:Linda Foster Absalom, Thomas Kyrus, Barbara Duff Page 2 of 7 1508 Dedham, LLC Agenda Item 1 Page 9 Disclosure Statement airw Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach fist if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation! See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (I)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities? See State and Ictal Government Conflict of Interests Act, Va.Code§ 2.2-3101. ♦ • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 1508 Dedham, LLC Agenda Item 1 Page 10 Disclosure Statement ,y74,--1727 APPLICANT YES NO SERVICE PROVIDER Steadaandshews if needed) ® ❑ Accounting and/or pre parer of Bobby Hallingshead CPA your tax return ® ❑ Architect/Landscape Architect/ Upvork Inc. Land Planner ❑ Contract Purchaser RE other than ® the Aoolirant)-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 TBD ▪ ® Engineers/Surveyors/Agents Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n ® Legal Services Real Estate Brokers/ Katshs ® 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 4 of 7 1508 Dedham, LLC Agenda Item 1 Page 11 Disclosure Statement 0 • t irginia Beath CERTIFICATION: I certify that all of the information contained In this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. PJJ TT NAME f{' ^' DAT Page 5 of 1508 Dedham, LLC • Agenda Item 1 Page 12 Disclosure Statement OWNER YES NO SERVICE PROVIDER(unaddidonei sheets If needed) ❑ ® Accounting and/or preparer of your tax return ❑ ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Fl Z The Applicant)-identify purchaser and purchasers service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ▪ ® Construction Contractors • El Z Engineers/Surveyors/Agents • Financing(include current Welk Fargo,Towne Bank ® ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n ® Legal Services Real Estate Brokers / ▪ ® Agents/Realtors for current and anticipated future sales of the subject property e • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ �, an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 1508 Dedham, LLC Agenda Item 1 Page 13 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. 9 1/4 — 11 Yu) 7-1-1 0 vm c . )-lY Q PROPERTY OWNER'S SIGNATU E PRINT NAME DATE' yTd ; Page 7 of 7 1508 Dedham, LLC Agenda Item 1 Page 14 Item#1 1508 Dedham, L.L.C. Conditional Use Permit 2272 W.Great Neck Road, Suite 2268 District 5 Lynnhaven February 8,2017 CONSENT An application of 1508 Dedham, L.L.C.for a Conditional Use Permit(Craft Brewery)on property located at 2272 W. Great Neck Road, Suite 2268, District 5, Lynnhaven. GPIN: 1590-30-2212-0000. CONDITIONS 1. The occupancy load for the Craft Brewery shall be established by the City of Virginia Beach Building Official's Office. 2. A Certificate of Occupancy shall be obtained prior to operation of the Craft Brewery. 3. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions with this Conditional Use Permit. 4. There shall be no sale or consumption of alcoholic beverages on the premises between midnight and 10:00 a.m. 5. 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. 6. The outdoor seating area shall not be enclosed by either a solid or chain-link fence, and shall maintain sidewalk clearance as required by building code. 7. All signage onsite shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows,or on the doors. A separate sign permit from the Planning Department shall be required for the installation of any signage. A motion was made by Commissioner Oliver and seconded by Commissioner Horsley to approve item 1. AYE 10 NAY O ABS O ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE Item#1 1508 Dedham, L.L.C. Page 2 REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON AYE WALL AYE WEINER AYE By vote of 10-0,the Commission approved item 1 for consent. The applicant Darrell Cuenca appeared before the Commission. / -- . .2 Ci//> iollp, ..-,.. s e Lo N Nce. 4411te <\> . .. At!„,,,;\-\,O _... 0 /<N,, I ..,o .. \ \ /0 \.,,,,, N • ...... \ \ ci. ' \ 74, 1ia\o,N. . \v \ IV \ \ \ . \'' '''141)f ) \ '''''. Othi -DC ,\ N <,r'' 1 1 10 __� N ... 0 .. .. _M0 oquip ff.__ „ ... . .: _..., "\\\ . ...,v) ____,..„.3 . r___, in 4c, N \ 1 ...._s____, \.-------A c---5-- \ 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ROBERT B. & DIANA C. DAVIS [Applicant & Property Owner] Conditional Use Permit (Home-Based Wildlife Rehabilitation Facility) 1804 Rainbow Court(GPIN 1475938223). COUNCIL DISTRICT— CENTERVILLE MEETING DATE: March 21, 2017 • Background: The applicant is requesting a Conditional Use Permit for Home-Based Wildlife Rehabilitation for small mammals, such as squirrels and raccoons. The applicant is a volunteer home-based rehabilitator with a Category I license with the Virginia Department of Game and Inland Fisheries. According to the applicant she currently works with small mammals that remain indoors during their rehabilitation and has constructed an outdoor cage in the eastern portion of the backyard, as she was unaware of the requirement for a Conditional Use Permit. ■ Considerations: As is typical of home-based wildlife rehabilitation, the injured or orphaned animals can be within the home for up to three months prior to release. All animals will be kept in cages inside the home and moved outdoors to crates and kennels as weather and rehabilitation allows. The backyard is enclosed with a six-foot privacy fence. In addition, the property backs up to only one dwelling. The applicant has submitted letters of support from her surrounding neighbors, including those who share property lines with the applicant. 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: The Planning Commission passed a motion to recommend approval of this request by a vote of 10-0. 1. The applicant shall comply with all of the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home-Based Wildlife Rehabilitation Facility. 2. No animals shall be dropped-off between the hours of 10:00 p.m. and 7:00 a.m. Robert B. & Diana C. Davis Page 2 of 2 3. No animals shall be released at the subject site or within the neighborhood. 4. The applicant shall maintain the existing six-foot high privacy fence that encloses the backyard such that all activity and all structures associated with the Home-Based Wildlife Rehabilitation are screened from view. 5. All mammals kept onsite shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. 6. A secondary security door area shall be added to the pre-release facility depicted on the site layout prior to occupancy by any animals. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De•art Agency: Planning Department City Manager:le Applicant & Property Owner Robert B. & Diana C. Davis Agenda Item Public Hearing February 8, 2017 City Council Election District Centerville 6 nr,,i Virginia Beach Request a .0=' ` gnnN„en vxM'Y wnv,A` ow. Conditional Use Permit (Home-Based Wildlife Rehabilitation) ''a1 1 — 7\a4 crerGNn�M aao"w 0'Pv` S��MtSUM'''. Staff Recommendation 11Approval p °?. N,namaro Po*WO wy ,opaa un< All Staff Planner s _ Rst sI y� ' pro''"`° z Robert DavisI—Y-1e ti "'�� S� oaao •0 flJ loOG Location • �'. 1 1804 Rainbow Court �'`n"'ooOW" °,.,, °�`/`an, 4. lode pen:tome boulevard 40•. ��^��-"4" GPIN s__ AIM 1475938223 Site Size 6,023.08 square feet AICUZ Less than 65 d6 DNL Iti ,' `i' "fir ;a , Existing Land Use and Zoning District ,- � ' Semi-attached dwelling/R-5D Residential �. ' w 1 Surrounding Land Uses and Zoning Districts - a ° North . Rainbow Drive ` '-r J ' . Semi-attached dwelling/R-5D Residential South 00 ` , • l v1 Semi-attached dwellings/R-5D Residential / A , :VI East - ' ;y I .1 1 ;` , Single-family dwellings/R-5D Residential • ,; West '� ' A'' /' `. Semi-attached dwellings/R-5D Residential Robert B. & Diana C. Davis Agenda Item 6 Page 1 Background and Summary of Proposal • The applicant is requesting a Conditional Use Permit for Home-Based Wildlife Rehabilitation for up to ten small mammals, such as squirrels and raccoons. • The applicant is a volunteer home-based rehabilitator with a Category I license with Virginia Department of Game and Inland Fisheries (VDGIF) and plans to obtain a Category II license within the next few months. Proof of rabies immunizations for all animals are on file with the VDGIF. • The applicant states that they have kept small mammals onsite for the previous three years, and they were unaware of the need for a Conditional Use Permit until recently,thus the submission this application. • The applicant has constructed a cage located five feet from the property line adjacent to a wooden fence in the eastern portion of the backyard. The cage is seven feet by six feet and four feet in height. It is constructed of wood and wire screen.The backyard is enclosed with a six-foot privacy fence. • As is typical of home-based wildlife rehabilitation,the injured or orphaned animals are typically kept within the home for up to three months prior to release. Often,the animals are moved outdoors into a cage for up to eight weeks prior to release. • All animals are transported to the site by vehicle, and after rehabilitation,the animals are again transferred by vehicle to their natural habitat and released. No animals will be released on the property or within the neighborhood. • RSD • Zoning History # Request sf WI° � ,§b 1 CRZ(Conditional 0-2 and R-5D to Conditional B-2) 1 \ �' Approved 09/09/2003 B-r o RoD ydo lir 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 Robert B. & Diana C. Davis Agenda Item 6 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard again possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. (p 1-61) Natural and Cultural Resources Impacts 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 sanitary sewer service. Evaluation and Recommendation The proposed Conditional Use Permit for a Home-Based Wildlife Rehabilitation on this site, in Staff's opinion, is consistent with the Comprehensive Plan's land use policies for the Suburban Area with regard to compatibility with the surrounding neighborhood.The purpose of wildlife rehabilitation is to return injured or orphaned native animals to their natural habitat as quickly as possible, providing them with a reasonable chance to function and behave normally within their native population and ecosystem. Section 242.3 of the City Zoning Ordinance provides specific standards (listed below) for Home-Based Wildlife Rehabilitation. The applicant is aware of these standards and Staff believes that this request adequately addresses these requirements. The outdoor cage to be used for Home-Based Wildlife Rehabilitation adheres to the setbacks of the R-5D Zoning District.The backyard is enclosed with a six-foot high privacy fence which provides adequate screening of the wildlife rehabilitation cage.The applicant has submitted letters of support from her surrounding neighbors, including those neighbors who share property lines with the applicant. For the reasons stated above, Staff recommends approval of this application, subject to the conditions below. Recommended Conditions 1. The applicant shall comply with all of the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home-Based Wildlife Rehabilitation Facility. 2. No animals shall be dropped-off between the hours of 10:00 p.m. and 7:00 a.m. 3. No animals shall be released at the subject site or within the neighborhood. Robert B. & Diana C. Davis Agenda Item 6 Page 3 4. The applicant shall maintain the existing six-foot high privacy fence that encloses the backyard such that all activity and all structures associated with the Home-Based Wildlife Rehabilitation are screened from view. 5. All mammals kept onsite shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. 6. A secondary security door area shall be added to the pre-release facility depicted on the site layout prior to occupancy by any animals. 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. City Zoning Ordinance Section Sec. 242.3.-Requirements for Home-Based Wildlife Rehabilitation Facility: Home-based wildlife rehabilitation facilities shall meet the following standards: (a) Each operator shall ensure that each animal is provided with: (1) Adequate food and water; (2) Adequate shelter that is clean and of the proper type and size for the particular type of animal and its age, size, species, and weight; (3) Adequate exercise; (4) Adequate lighting; and (5) Veterinary care as necessary to prevent suffering or disease transmission. (b) Each operator shall hold a valid category I or category II A or B wildlife rehabilitation permit from the Virginia Department of Game and Inland Fisheries, and a migratory bird wildlife rehabilitation permit issued by the United States Fish and Wildlife Service if the operator rehabilitates migratory birds. (c) Only species for which an operator holds current state and, if applicable, federal permits shall be kept in such a facility for more than twenty-four (24) hours. All animals not authorized to be kept pursuant to such permits shall be transported to an appropriate wildlife rehabilitation center or a permitted home- based wildlife rehabilitation facility within twenty-four (24) hours of receipt of such animal. (d) No operator shall keep a greater number of animals at any one time than those for which the operator maintains adequate caging as required by the applicable state or federal permit or permits held by the operator. (e) No animal shall be kept at any such facility for a period in excess of one hundred and eighty (180) days. (f) All animals shall be kept or maintained in such manner that a nuisance is not generated by insects, excessive odor, dust, noise, or other conditions deemed by the zoning administrator to be detrimental to the community health, safety and welfare. (g) Removal of dead animals shall be conducted in accordance with the provisions of section 5-14 of the Code of the City of Virginia Beach. The home-based rehabilitator shall be the owner of the wildlife they are rehabilitating for the purposes of City Code section 5-14. Robert B. & Diana C. Davis Agenda Item 6 Page 4 (h) Removal of all waste, including medical waste, shall be conducted daily in accordance with the provisions of section 31-7 of the Code of the City of Virginia Beach. (i) All structures, buildings, or cages used for the shelter of animals shall comply with the dimensional requirements of the zoning district in which the facility is located, provided that cages or other wildlife confinement areas shall not occupy more than a total of twenty (20) percent of the lot on which the facility is located. Structures in which animals are confined shall not exceed eight (8)feet in height. (j) There shall be no signs pertaining to the use on the property other than one (1) non-illuminated sign, not to exceed one (1) square foot in area,that may provide identification of the facility, notice to the public of any potential hazards related to the operation of the facility, and notice to the public of basic instructions for delivery of sick, injured, orphaned, or displaced wildlife. Robert B. & Diana C. Davis Agenda Item 6 Page 5 Site Layout --.)- _ \ RAINBOW DRIVE \ \ \ _ ,.(..\ \\, A.7 \ V_____—: 4.,. ___________oc _. ICI Approximate Location of Cage -.7----- c\ Robert B. & Diana C. Davis Agenda Item 6 Page 6 Site Photos 1-14.'i‘,.:t• :,, ' ,; i'..:_ ,"•',.;.-trifigfil,"0 . esifer. :'. 410 or.s...--s••.,-' ' .-n ts,,, 1,4 ci ' /..-"1 ,z,...,7,, 'W.-J.1..4o' itio-''' ---• 4.1-• • l'.;•,-:,,l'., , •:s „ . iir_',.....,-7,7.........,,--!".,a,Attkj... .: ,.,, .0 -... . .1...• 4 r --;;; ;,---0-bv,.Nkli,:aitto...,..-4,44 -. t .°Z-iiiIr alaTe.... 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' , '-*---.-------:.---'..==.---,_t_t—;._._-- --"=•""4.:74.7-,-------_-_. _. . ' • Robert B. & Diana C. Davis Agenda Item 6 Page 7 Site Photos - _ - -_ ' 1.- ,*.'..ftiiirt(- 1•741411***-. ', 'ft! 1+1 • ' AL \‘. 1.-• \i i , . i r.. i '1# fir''' : ��•it • �I r Re 1, wish., ,, Yli . ... .... 0.. . ... ..,. .,.. -Viel.a. w�wi ; • r 'f9 • ... — N4' Iktois.-" .",, irli ,, ,'!a 1 417., , . „....114,,,.*.i....,....:1. •;s1?::•'•'' ',•,' f,,,,,. • 17\.:•;',1117-..11 7-71/11W.---51E7-4"::‘'.4111::- C-7:1/41.-4•1*.htl",' ,:1-';',.:,,' ;:7‘.[..-- cor.. • ',"?.....',:,.."...;-..r.. .µ:'f1 ,��. Yu ,w \ !«‘. r�>w � ) = ]t � a 7's� y 1 4 •.- •' --ss. •\`...... ..N.- :V",SQ,,,,.. „I v\ \ f 1 /( . • l . Robert B. & Diana C. Davis Agenda Item 6 Page 8 Disclosure Statement Virginia Beach APPLICANT'S NAME k;:}I,_t_ 3 , Di„n I-1wiS DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City _ Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) _ Board of Zoning Encroachment Request Rezoning Appeals_ Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board '/Conditional Use Permit License Agreement Wetlands Board • e The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • e SECTION 1 / APPLICANT DISCLOSURE Toa Dry SE ONt r i -ibe updated two d.weeks poet to a-v Page I of] F ask C Er aednd Crs Count meet: d S ZO tea akimeatioutss. 0 APFUCANr NOTIFIED OF HEARING I)01! ] L ❑ Pp/RictusNO CHANCES AS Oat, /volt Pp/Rictus WvminEn DAT, Robert Davis Robert B. &Diana C. Davis Agenda Item 6 Page 9 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 If a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION,list the the names of all officers,directors, members, trustees, etc. below (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 a SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only If property owner is different from Anolicant. Check here if the PROPFRTY OWNFR IS NOT a corporation, partnership,firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER/So 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 Robert B.& Diana C. Davis Agenda Item 6 Page 10 Disclosure Statement IA: Virginia Beach If a Corporation, list the names ofall officers,directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner. (Attach list if necessary) '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 s 2.2-3101. 'Affiliated business entity relationship' means 'a relationship. other than parent-subsIdlary 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 (10 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 betweethe entities:See State and Local Government Conflict of Interests Act, Va.Code4 22-3101. e a SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the sltblect 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 Robert B. &Diana C. Davis Agenda Item 6 Page 11 Disclosure Statement <J E� APPLICANT Vrii • ' YES NO SERVICE i PROVIDER(use addiuoi she.tsIl needed) ❑ lam' Accounting and/or preparer of LJ your tax return ❑ Q Architect/Landscape Architect/ Land Planner ❑ ❑ Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ fl purchaser of the subject property L�0 (Identify purchasers)and purchaser's service providers) ❑ 0 Construction Contractors ❑ O Engineers/Surveyors/Agents / Financing(include current O a i C [ ❑ mortgage holders and lenders T i V ISS selected or being considered to provide financing for acquisition or construction of the property) ❑ ❑ Legal Services Real Estate Brokers/ ❑ © Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest In the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what Is the nature of the interest? Page 4 of 7 Robert B. & Diana C. Davis Agenda Item 6 Page 12 Disclosure Statement Hi tc s 3 MIIT'S lath I.CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. _ LC l:0. C4filicaDi 7l l nCl15 EZ APPLICANTS 51LNANlIF PRINT NAME DATE Page 5 of Robert B. & Diana C. Davis Agenda Item 6 Page 13 Item#6 Robert B. & Diana C. Davis Conditional Use Permit Home-Based Wildlife Rehabilitation 1804 Rainbow Court District 1 Centerville February 8, 2017 REGULAR Bob Thornton: Please call our next item. Karen Kwasny: This is agenda item 6. It is an application of Robert B. and Diana C. Davis for a Conditional Use Permit for a Home-Based Wildlife Rehabilitation on property located at 1804 Rainbow Court, in the Centerville District. I have one speaker in support of this, and they are Robert&Diana Davis, the applicants. Ed Weeden: State your name for the record please? Robert Davis: Robert Davis. Diana Davis: Diana Davis. Bob Thornton: Thank you. Welcome and if you would,take a minute and give us an explanation of what you want to do here, and things we should know to help make that decision. Diana Davis: Okay. We have been rehabilitating,this will be my third year and his second. And we are the type of people that all of our pets have always had city tags. We have state permits,so we're trying to get in line with what the City wants us to do. We are Category 1, which means we cannot handle injured wildlife. We basically just deal with orphaned wildlife. If a mother has been hit by a car and leaves baby squirrels and raccoons, if someone cuts a tree down, and there is a nest in tree,they don't know what to do about them are the kind of wildlife that we get. We did have our rabies pre-series shots,so we are allowed to handle raccoons, skunks, and those kinds of things. I have lived in this residence for 32 years and he was there before I got there, so we have both seen neighbors come and go. We did take a prepared letter around to all the neighbors in our court, and the gentleman who resides behind us,and they all signed letters saying that they were okay with this. The ones that knew about it were really intrigued by it. The ones who didn't know, figured we are letting them run loose, and we're keeping the cages clean, because they didn't know we were doing it. As far as safety issues go, we do have a six-foot privacy fence. We also have a shorter fence that separates our yard in half, so if a creature gets out, he doesn't end up in my swimming pool with me. The shorter fence has wire grading on it, and that area is where our outdoor enclosure is. It was mentioned in the report that we needed to have a second door, a vestibule type of thing,just for safety,for us and the animals. And my contractor husband will certainly take care of that for me. Inside there is their own room and we have an incubator. We have two good size cages. Then we also have another cage. He built it so big that we had to take the sliding glass doors out to get it in. So,they have plenty of room.Their room is gated as well to keep them out. We do have gloves for use for safety. So far we have had squirrels and raccoons. Item#6 Robert B. & Diana C. Davis Page 2 The squirrels come March. We keep them for 10-12 weeks,they are gone. The raccoons show up. We keep them for about 14-16 weeks. So,that ends in August. Then the squirrels mate again, so we have squirrel babies again in the fall. That is pretty much our schedule. I'm retired. So of these babies eat five to six times a day. So that pretty much falls on me while he works. Then the older they get, he steps in more and plays a more active role in,and helps me out. Bob Thornton: Are there any questions of the Davis'? Bob Thornton: Thank you. Ronald Ripley: Can I ask a question? Diana Davis: Sure. Bob Thornton: Ron? Ronald Ripley: The size of the cage,you have use of these multiple cages. Are these very small little animals that you have? I know raccoons can get pretty big. Are you dealing with the large raccoons? Diana Davis: By the time they are released. Ronald Ripley:The cage looked very impeditive to us. Diana Davis: We've never had more than four in the cage at a time. Ronald Ripley: But it says 10 on the application. Diana Davis: Well,that is not just for the outside, and that was including everything inside. I misunderstood that. The most we've had is four on the outside cage at one time. Ronald Ripley: So the inside is in the garage? Diana Davis: No. We have a Florida room in the back of the house. We have it gated it off. That is where all the supplies and animals are. Ronald Ripley: Okay. Thank you. Diana Davis: We do work under Evelyn's Wildlife Refuge too. I forgot to mention that but she is our sponsor. As Category I, we have to have a sponsor. Ronald Ripley:Okay. Thanks. Bob Thornton: Are there any other questions? Karen Kwasny: I have a question. Item#6 Robert B. & Diana C. Davis Page 3 Bob Thornton: Karen? Karen Kwasny: I think I am actually kind of answering my own question. You have a wooded portion of your lot correct? Is that what I am seeing on the diagram up there? Diana Davis: We have trees in the back corner of our yard. Karen Kwasny: Is that why this is located farther away from your home, and the resident that is adjacent to you? Diana Davis: Yes. Karen Kwasny: Okay. So there wouldn't be another location for them that might move it away from that residence next to you? Diana Davis: No. Karen Kwasny: No. Okay. Bob Thornton: I've got one quick question. Have you ever had animals escape or have problems with them? Diana Davis: No. Bob Thornton: If I was your neighbor I would be worried about some upset raccoon escaping. Diana Davis: We've never had one escape. As a matter of fact,one of the neighbors on one side of us has three young children, and they will stand on the benches on their deck to watch the animals,and they will say"mom, come look,they're doing this and they're doing that". So, we've never had any problems. Bob Thornton: In the outside cage,you have animals inside your Florida room, and you have animals outside in the pen that we see there. What do you think would be a reasonable limit to place? If we tell you that you can have the recommended 10 animals you can conceivably put 10 raccoons in that cage there?You might not do it but there would be nothing that would cause you not to do it. You could do it legally. What do you think that the outside cage is reasonable to hold? Would you be willing to put some sort of limit on what you would put in there? Diana Davis: I would say five to six. Bob Thornton: If they are all little baby squirrels,that is not the same as five half grown raccoons. Diana Davis: Like I said,when they are young, most of them to be honest with you, they start off in the incubator and then they work their way through the inside cage system. Bob Thornton: Our biggest concern is these things might get away or might escape and then you got Item#6 Robert B.& Diana C. Davis Page 4 these upset animals running around in your neighborhood. Diana Davis: They haven't got away.To be honest with you,they have a rabies vaccination that we give them. Bob Thornton: David. David Weiner: In our informal this morning. I don't know if you were actually there, but what our concerns were, and they are coming before us every month. We look at some cages that animals are going in and most of them have called what you call vestibule first gate. That is kind of important. We actually asked staff to maybe have some type of ordinance or come up with something because we see these too often. We have ordinances,don't get me wrong. Just to come with something before they come up before us.This is what is has to be. It is a stipulation, stuff like that. I think that is one of our biggest concerns looking at this compared to some we've seen before.This is par for what we've seen before so all I am saying,so a second door would be one of the things we do. Diana Davis: That would be fine. I have no problem with that. Robert Davis: We just learned of this a few months back also. The State never said anything about that when they came and inspected the property. You said you wanted to put, like I said, back and build anything you want built. David Weiner: I think that is what our concern is. Bob Thornton: Don? Don Horsley: Where do you all release your animals? Are you directed as to where to release them? Robert Davis: You're a farmer. Don Horsley: Don't' bring them during sweet corn time. Diana Davis: No. We have some friends we met at church about 30 years ago that own property all around this area.You have the strawberry field on Salem Road. I don't know if you're familiar with that area? They have given us permission to release over there. Don Horsley: I didn't know whether the State directed to as to where to release them. Diana Davis: As long as it is on private property, and we have the owner's permission. We can't release them where we are. Don Horsley: No. Robert Davis:There are some wild ones out there. We see them all the time. Diana Davis: We do not release where we live though. Item#6 Robert B. & Diana C. Davis Page 5 Bob Thornton: Okay. I don't think we have anybody speaking in opposition. Karen Kwasny: I don't have anybody else. Bob Thornton: Nobody else? Okay.Thank you. With no other speakers, I will close the public hearing and have comments from the Commissioners. Any there any comments,questions or a motion? Jeff Hodgson: I make a motion to approve the application. Bob Thornton: Okay. Dave Redmond: Second. Bob Thornton: A motion made by Commissioner Hodgson and seconded by Commissioner Redmond. Carolyn Smith: Would that be with the six conditions as amended? Jeff Hodgson: Yes. Carolyn Smith: Thank you. Bob Thornton: The six conditions were brought to us when we sat down. Ed Weeden: Jeff made the motion and Dave seconded it? Bob Thornton: Yes. AYE 10 NAYO ABSO ABSENT I 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 has approved the application of Robert B. and Diana C. Davis with the six conditions as amended. II K__--\ ----3 1, . , __--------- \ _________ c3,- , r „---_____ ,,,,,, ---L___-----------A ____,-r--- ____------ _______ , __________- C) ', \--- A..,------ 1 �� st � 3 Vit1,0 \\ ''''., 03 \ - ir ":---------- ' i '31- WO 9 . - \:\p3H1‘1 1 .. V\ C-1 \ \ f3 \ ._.._•• ---\\ . \...„--‘c__ ,----H\ ‘ e___, , ul `15 I C--\ W 0 \ \ 7 -1 It --A \ \_____._\ ____-__\ ;___----1\ _ _ , , .I \ FIs I 0 I , t''1�- 44 - I veilQ _____.--- , 0 _______ _ow ,,---17. ,- Lt's 1� l ._\ .,;--- ` RO ad 4 ) 0 . -(____---- _ ___,,._______ -----277;!"_/ \l (� N ti �- 1 m�. N , n` \ Oar, i ( `'tit CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SOHO LASHES, LLC [Applicant] POTTER PROPERTIES GROUP, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) 1616 Hilltop West Shopping Center(GPIN 2407890555). COUNCIL DISTRICT— LYNNHAVEN MEETING DATE: March 21, 2017 • Background: The applicant currently operates a beauty salon in a shopping center near the intersection of Laurel Lane and First Colonial Road. This is a request for a Conditional Use Permit for a Tattoo Parlor in order for the applicant to offer permanent makeup, known as microblading, to her clients within her establishment. • Considerations: The proposed Conditional Use Permit for a Tattoo Parlor is, in Staffs opinion, consistent with the Comprehensive Plan and the Hilltop SGA Master Plan land use policies for the Hilltop SGA, and is consistent with the commercial nature of the surrounding properties. Prior to operating on the site, the applicant is required to obtain a business license, and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. Opposition was present at the public hearing. ■ 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. A business license for the tattoo parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. Soho Lashes, LLC Page 2 of 2 2. The actual application of tattoos / permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. There shall be no window signage permitted. 4. If and when the existing sign is replaced with any reference to permanent makeup application, the new signage shall meet the requirements of the City Zoning Ordinance, and there shall be no neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. I. Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting DepartAgency: Planning Department City Manager: Ilk= Applicant Soho Lashes, LLC Agenda Item Property Owner Potter Properties Group, LLC Public Hearing February 8, 20177 �..<< City Council Election District Lynnhaven Virginia Beach Requestm,. -„o Conditional Use Permit (Tattoo Parlor— H(`` °} ,m"°'4, m"4 o a 70.75 GB DNL Permanent Makeup) `,t. +i`f. `'s. Staff Recommendation , ? _ �'°°` ~� s t 1 ° Approval ^Ma.„". nw�, ; '`,,awe IP, s Staff Planner P`° e ^ I 9 Robert Davis ' 5d DNL — Latium Read g .' ^ I Location a .# ; V<.°C«.« 1616 Hilltop West Shopping Center o w Y GPIN Q x ,.a,,, 2407890555 svz, " Site Size 65,414 square feet AICUZ Greater than 75 dB DNL 1-- ' IV Existing Land Use and Zoning District < ' ` - *, Retail/ B-2 Community Business i; Surrounding Land Uses and Zoning Districts ' , �1 -.T: �� . North "� :1 • Single-family dwellings/ R-7.5 Residential South .�' ; .�� '� _ S, - •. Retail/ B-2 Community Business 1 East ae, '�� •• ' Retail/ B-2 Community Business �-�' �' West 1 ' -.4, ; • Retail B-2 CommunityBusiness ' � Soho Lashes, LLC Agenda Item 7 Page 1 Background and Summary of Proposal • The applicant currently operates a beauty salon in a shopping center near the intersection of Laurel Lane and First Colonial Road. This is a request for a Conditional Use Permit for a Tattoo Parlor in order for the applicant to offer permanent makeup, known as microblading,to her clients within her establishment. • No changes are proposed to the exterior of the building or to the existing signage. • According to the applicant, hours of operation are Monday-Thursday from 9:30 a.m. -6:00 p.m. and Friday- Saturday from 10:00 a.m. -5:00 p.m. \7. R-7 5 R.7.S M _ �l Zoning History \ ---- : i, # Request 1 REZ(R-10 and B-2 to Conditional B-2)Approved 02/23/1999 1 , '• t _____�' 8„2 2 CUP(Eating and Drinking Establishment&Commercial 144\ Recreational Facility)Approved 10/13/1992 B-2• 2 tl----\ 0 c 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 Hilltop Strategic Growth Area (SGA).The Hilltop SGA is home to a wealth of local businesses with a variety of retail, restaurant,office, health, and recreational uses. The Hilltop Strategic Growth Area Master Plan provides recommendations for this SGA. The general planning principles for the Hilltop SGA includes providing a mix of retail, restaurants, and office uses; building a network of streets to improve traffic flow; and matching quality of local businesses with an equally memorable built setting. (Sec. 1.2, pp.1-47, 1—48) Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay Watershed. As the site is already developed,there do not appear to be any significant environmental or cultural features on the site. Soho Lashes, LLC Agenda Item 7 Page 2 ' Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation The proposed Conditional Use Permit for a Tattoo Parlor is, in Staff's opinion, consistent with the Comprehensive Plan and the Hilltop SGA Master Plan land use policies for the Hilltop SGA, and is consistent with the commercial nature of the surrounding properties. According to Traffic Engineering Staff,the addition of the application of permanent makeup at this location will have no impact on the capacity of First Colonial Road. As the proposed use will be an added service of an existing allowed use within in the existing building, no exterior changes to the building or to the site are proposed. Staff has recommended conditions to address signage, consistent with recent Conditional Use Permit applications for tattoo parlors. Prior to operating on the site,the applicant is required to obtain a business license, and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code.This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness,vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. For the reasons stated above, Staff recommends approval of this application, subject to the conditions below. Recommended Conditions 1. A business license for the tattoo parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos/ permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. There shall be no window signage permitted. 4. If and when the existing sign is replaced with any reference to permanent makeup application,the new signage shall meet the requirements of the City Zoning Ordinance, and there shall be no neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors.The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Soho Lashes, LLC Agenda Item 7 Page 3 Site Layout .). 0111- :tio.' 11 ., , r.L... .., -, .....- 3s iiiiii, ‘ k.,1 . 'Fr \: , ' 11 • . ptio Unit for Proposed Use` - , • • %\ , .Air 1i". • . ' r • \ t -- ,....,... ' \ •1! 1.-:-A . ; ., _I:, • . _ tr, . • .• , ..... .0_ - •• . _ , _ _. ,:, . .. • \ ,....._-)ei.t- ri• ,,r . •• . 041". 4. 0 • • - C2-' rt.` - - z• Soho Lashes, LLC Agenda Item 7 Page 4 Site Photo F 111' Unit for Proposed Use lirr .r ea r t ` , tel, ,`.fi,' _ M I i - a 44 44 lia al..; Rs qi ► ti Soho Lashes, LLC Agenda Item 7 Page 5 Disclosure Statement XB Virginia Beath / APPLICANT'S NAME (afaJi;Oe ,lKlcpv 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 Ray Preservation Area Lease of City Property Subdivision Variance Board 'jCondldonal Use Permit License Agreement __ Board e ___ ___. --s The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. ,—. __--.1___. - _ t SECTION 1 / APPLICANT DISCLOSURE r TOR CITY US( /A I OiscleFures m he Pe alel c __1 an Page I of 7 s commac 1"� pe PI •p}Y 0 [__APPLICANIMOTHILD OF(FEARING 04i, ' MOCM,WL[SAsorVy /2' 12/44 xrwaoruues'.II no a=n Robert Davis Imo_ ' Soho Lashes, LLC Agenda Item 7 Page 6 Disclosure Statement M1.Y� Ntglnla Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, — business, or other unincorporated organization. E2/Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization.ti / (A) list the Applicant's name: . XI✓(Q_Nd%fES' 2/c If an LLC,list all mem is names: 6162 atiaatt 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) N771 see non page for information pertaining to footnotes' and 2 4 e SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 1 only If property owner is different from Applican(. ❑ Check here if the PROPFRTY OWNER IS NOTa corporation, partnership,firm, business,or other unincorporated organization. a/Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business,or other unincorporated organization. AND THEN complete the following. L, /'. (A) List the Property Owner's name._ ? LLLL,,,,r QTY' pL.C11- __Seta ✓D/ L L C If an LLC, list the member's names__.Gordon Brock Porter k.,Walter R.Porter,Cathy P.Martin,Sue P.Pankk,Debbie P.Falmer,Rebecca P. Watkins,Deanne P.Zimmerman,Nancy P.Burnett.lane P.Bake Page 2 of 7 Soho Lashes, LLC Agenda Item 7 Page 7 Disclosure Statement LB Virginia Beach If a Corporation,list the names ofall officers,directors, members,trustees, etc. below: (Attach fist if necessary) Ai/14- (B) List the businesses that have a parent-subsidiary I or affiliated business entity relationship with the Properly Owner: (Attach list if necessary) N/ • I •Parents ubsldiary 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§2.2a101 2 'Affiliated business entity relationship' means relationship, other than parent-subs diary relationship,that exists when 01 one business entity has a controlling ownership interest in the other business entity.On a controlling owner in one entity is also a controlling owner in the other entity,or 00) 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 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 snare activities. resourcesor personnel on a regular bash; or there Is otherwise a close working relationship betweethe entitles.'See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be ooerated 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 Soho Lashes,LLC Agenda Item 7 Page 8 Disclosure Statement APPLICANT Virginia Beach YES NO - SERVICE PROVIDER(use addulnedsheasu l needed) ❑ o' Accounting and/or preparer of your tax return ❑ EV Architect/Landscape Architect/ land Planner __ _/ Contract Purchaser(B other than ❑ Ly' she Aooticang-Identify purchaser and purchasers service providers gAny other pending or proposed ❑ purchaser of the subject property (Identify purchaser(s)and / purchasers service providers) ❑ ,LN Construction Contractors _ ._.- 0 __ ❑ El7 Engineers/Surveyors/Agents Financing(Include current ❑ ^/ mortgage holders and lenders lY selected or being considered to provide financing for acquisition / or construction of the property) ❑ ,L—�,/� Legal Services Real Estate Brokers/ ❑ 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 ❑ ty an interest in the subject land or any proposed development ly 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? Soho Lashes, LLC Agenda Item 7 Page 9 • Disclosure Statement Virginia Beach fERTIFICATION: 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. .7/6( At APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Soho Lashes, LLC Agenda Item 7 Page 10 Disclosure Statement • -) 4 OWNER Vi... r YES I NO] L SERVICE -I I PROVIDER tuna additional sheets If aeeeaer ❑ 5A Accounting and/or preparer of - Y� your tax return ❑ Cl. .Architect/Landscape Architect/ 4� Land Planner Contract Purchaser or oilier than p� p 'P' the Aoolicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ sa purchaser of the subject property cd (identify purchasers)and purchasers service providers) ❑ JJ Construction Contractors ❑ (4 Engineers/Surveyors/Agents financing(include current co ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition Vs/a5 Fur q a or construction of the property) ❑ VI Legal Services ---- - - � - - - - Real Estate Brokers/ ❑ 0l Agents/Realtors for current and W' anticipated future sales of the subject property_ _ •--_ — — SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES ('{O Does an official or employee of the City of Virginia Beach have CIcontingent 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 6of7 Soho Lashes, LLC Agenda Item 7 Page 11 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. _. _ -- g. Pxonary tk V $rock noh r, 1? lo/�/b owN 'SVC TURf PRINT NAME DATE 'age 7 of > Soho Lashes,LLC Agenda Item 7 Page 12 Item#7 Soho Lashes, L.L.C. Conditional Use Permit 1616 Hilltop West Shopping Center District 5 Lynnhaven February 8,2017 CONSENT An application of Soho Lashes, L.L.C.for a Conditional Use Permit(Tattoo Parlor)on property located at 1616 Hilltop West Shopping Center, District 5, Lynnhaven. GPIN: 2407-89-0555-0000. CONDITIONS 1. A business license for the tattoo parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos/permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. There shall be no window signage permitted. 4. If and when the existing sign is replaced with any reference to permanent makeup application,the new signage shall meet the requirements of the City Zoning Ordinance,and there shall be no neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors.The building signage shall not be a"box sign" and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. A motion was made by Commissioner Oliver and seconded by Commissioner Horsley to approve item 7. AVE 10 NAV O ABS O ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AVE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 7 for consent. The applicant Khadine Ellison appeared before the Commission. • • ,-.-.11 \ '1 II/ \V- '. riatiighlifkg) ;;11 - /_•1 1 ;1. ii ' r,... :13:0-1-7..,;' 40 it) ilib i +�1 >> \ cn �;. t, .A3,! ,Yre. IMI �I�Ilrr� it lit? �r ,�K- till - N \, lip, r�� ►- F.-----113024 �� ' I I Co--— -"'--1'''...._ , 1 I lit. i Willa I li , \ ,v-r . N i a ti`', \\\\\\\\ 1 E3 Cli N \ 11.). a ' \ \ Ike' V Ce lie,°7 �-Nf i N \ \ CO . atfoit, N �m m> z vieTI ' . co` 4,.. 1.,]:.,, D Lo \ \ \ II II li '5 V'& ''' . xs V. t ,\, illipk 10*-9N \ \ \\ .‘ \ „\. :Irsi\\ \\\\. , •ct iis\ \ \o_ , \ \. .... .: , �.',..:%.\_ V,I ., -:•,,,,. II \ II 11, 1 Is‘?,. .. 0\ \ \ .\ \ ,„ ,\ ., .c \61 \\,,,,\ \ \ \ 0 . o �� frY°''' q> \\ \ \\ 1 Stip List, , 5 `` t. \\I I\ \\ �; \ j5, \� 1 lt N �V/ t tin „tea\-- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, DEPARTMENT OF PUBLIC WORKS [Applicant& Property Owner] Modification of Conditions(Fill for a Borrow Pit) North side of Norfolk-Southern Railway right-of-way, west of Air Station Road (GPIN 2407346916). COUNCIL DISTRICT— BEACH MEETING DATE: March 21, 2017 • Background: The subject site was originally a borrow pit that was excavated in the 1960s, during the construction of Route 44, now Interstate 264. A Conditional Use Permit was obtained in 1986 to fill the borrow pit with dredge materials. A modification to the Conditional Use Permit was approved in 2002 that expanded the type of fill material to include materials such as concrete, asphalt and soil from City construction activities as well as storm and hurricane debris. The applicant seeks to modify Condition 6 of the 2002 approval to allow woody debris, transported to this site as a result of a storm event, to be stored and mulched on the property. • Considerations: The site is impacted by the greater than 75 noise zone,the Accident Potential Zone and Navy restrictive easements. The historic Upper Wolfsnare house is located adjacent to the site. The Department of Public Works Staff met with the Virginia Beach/Princess Anne County Historical Society and as a result Staff added Conditions 7 and 8 to address their concerns related to fire prevention. Public Works Staff has also committed to Historical Society develop measures to eliminate illegal dumping on the site, ensure that all operations at Potter's Pit are within full compliance with the conditions of the Conditional Use Permit and that the temporary storage of woody debris and mulch will be managed in a way that hinders or prevents a fire. 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. City of Virginia Beach, Department of Public Works 2 of 3 1. The hours of operation of the site shall be limited to 8:00 a.m. to 5:00 p.m., Monday through Friday. This condition may be suspended during times of emergency, such as large storm events and hurricanes. No mulching of materials shall occur when the Upper Wolfsnare house is open to the public for tours. This is generally noon to 4:00 p.m. on Wednesdays in July and August. 2. The limits of fill shall substantially adhere to the submitted site plan, except as noted below, titled "DREDGED MATERIAL DISPOSAL SITE, WOLFSNARE PROPERTY, Virginia Beach Public Works Department, City of Virginia Beach, Virginia", dated 10/12/01, revised 1/31/02, and prepared by Landmark Design Group. Said plan is on file with the City of Virginia Beach Planning Department. 3. The stormwater management ponds shall adhere to the natural design depicted on the END USE / LAND USE PLAN, prepared by City Staff and Landmark Design Group. Said plan is on file with the City of Virginia Beach Planning Department. 4. The fill operation shall begin at the eastern most portion of "Cell B" as conditioned by the City of Virginia Beach Historical Review Board on April 18, 2002. 5. Restoration of the site shall substantially adhere to the submitted "END USE / LAND USE PLAN, DREDGED MATERIAL DISPOSAL SITE," prepared by City Staff and Landmark Design Group. Said plan is on file with the City of Virginia Beach Planning Department. 6. Fencing around the site shall be "black vinyl coated" chain-link as depicted on the "END USE / LAND USE PLAN, DREDGED MATERIAL DISPOSAL SITE, prepared by City Staff and Landmark Design Group. Said plan is on file with the City of Virginia Beach Planning Department. 7. Based on Fire Department guidelines, the height of any pile of mulch shall be limited to 20 feet and shall be located no closer than 20 feet to any other pile of debris. 8. The Fire Department shall have access to the site at all times. Said debris shall be located away from power lines and ignition sources. The use of welding and other heat generating devices shall be restricted. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map City of Virginia Beach, Department of Public Works 3 of 3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. � ° � Submitting Departm ncy: Planning Department City Manager: 1\B Applicant & Property Owner City of Virginia Beach, Department Agenda Item of Public Works Public Hearing February 8, 2017 (Deferred 12/14/2016) City Council Election District Beach D1 Virginia Beach Request , , ; , . N.., Dm* �y c ' Modification of Conditions (Fill a Borrow Pit e ; = t p�'°"`°'' 264approved by City Council originally on April 27, t.it. i ° ; r ° 1964 and then modified on August 13, 2002) , I 1 I i 1 I kVia, 0. Vw11,1;1 leach l evly Staff Planner ,°,,� _ "e - +ee,1 a„, i r. Carolyn A.K. Smith 1°I' a APZI •._,,._ KO "e % ^ ; Su. DAre Location sa-1.. North side of Norfolk-Southern Railway right-of way,west of Airstation RoadI, � c_ �. :i ewe GPIN 2407346916 u Site Size 'p' 67.10 acres AICUZ \ Greater than 75 dB DNL APZ 1 & 2 Existing Land Use and Zoning District Bulk Storage Yard/R-7.5 Residential District /VIP:- j;�� �„ PSurrounding Land Uses and Zoning Districts . .r°le'';'''' r f .. •--. --zi—, t !--, ';, North ,, 40 7'7 INN 1-264 ,,, South Norfolk-Southern Railway right-of-way / ;'�!!C''., Potters Road _ -,..-7;,f—,. NAS Oceana/ 1-2 Industrial K ' !' .' , East Y. ; . Single-family dwellings/R-7.5 Residential • ,-- r'. %� West I Upper Wolfsnare House/R-7.5 Residential t •_ (Historical& Cultural District Overlay) ' l k •..f LP-- „ �.. City of Virginia Beach Agenda Item D1 Page 1 Background and Summary of Proposal • This request was previously deferred at the December 14, 2016 Planning Commission public hearing to provide the Department of Public Works time to meet with the Historical Society to discuss the application. • The original borrow pit was excavated in the 1960s, during the construction of Route 44, now Interstate 264. • In 1986,the City of Virginia Beach obtained a Conditional Use Permit to fill the borrow pit with dredge material from City dredge projects. A modification to the Conditional Use Permit was approved in 2002 that expanded the type of fill material permitted to include materials such as concrete, asphalt and soil from City construction activities as well as storm and hurricane debris. • A modification to Condition 6 of the 2002 approval is requested in order to allow woody debris,transported to this site as a result of a storm event,to be stored on the property until it can be mulched off site. Condition 6 of the 2002 approval specifically prohibits "...the storage of vegetative or timber debris on the site." The condition also requires that wood and vegetative debris be mulched and "reduced in volume"off site. • This request will permit both the temporary storage of large woody debris and an on-site mulch operation. This change will improve productivity and reduce transportation costs and impacts for both the acceptance of material and then ultimately the distribution of the processed mulch. ='!` A ti� + ! 1812 A:18 Zoning History kt.,y-3 # Request / 184 1 MOD Approved 08/13/2002 12 % /� MOD Approved 06/16/1986 B-2 CUP(Borrow Pit)Approved 04/27/1964 • • - 1-2 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance City of Virginia Beach Agenda Item D1 Page 2 Comprehensive Plan Recommendations This site is located within the Hilltop Strategic Growth Area (SGA), which contains a variety of retail, restaurant, office, health and recreational uses. Properties within this SGA are impacted by the highest noise zone and the accident potential zones and are typically good candidates for redevelopment and reinvestment opportunities. The long-term vision for the SGA includes a regional retail destination, an increase in industrial and commercial uses compatible with the ACUIZ restrictions, and the preservation of the historic Ocean Gardens neighborhood with densities more compatible with NAS Oceana. Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay watershed. The total acreage of the City property is 67.10 acres. The western portion of the property is designated as a Historical and Cultural overlay district, as the historic Upper Wolfsnare house is located to the west. The Upper Wolfsnare house,owned by the Princess Anne County/Virginia Beach Historical Society, is a Georgina-style house reflective of the gentry class lifestyle of its builder,Thomas Walke, Ill and of country life in colonial Virginia. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use —No Data Potters Road 4,042 ADT 1 15,000 ADT 1(LOS Z%C") Available 16,200 ADT (LOS "E") Proposed Land Use —No Change Anticipated 1 Average Daily Trips 2 LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Potters Road is a two-lane minor suburban arterial. There are no roadway CIP projects scheduled for this location. Public Utility Impacts No anticipated impacts to City water and sewer service. Evaluation and Recommendation While the property is zoned residential,this use is termed a "Public Use," and is, therefore, permitted with a Conditional Use Permit. The current process involves transporting debris, often a long distance to the City's landfill, and mulching it on site. The modification to the Conditional Use Permit will permit the storage of woody debris on the property until the tub grinder can be brought to the site at which time the debris will then be mulched. Once the material is mulched, Landscape Management will use the mulch on City properties. Traffic Engineering Staff indicated that the proposed use should not have any significant impact to Potters Road or to the City's overall transportation network. This site is impacted by the greater than 75 noise zone, the accident potential zone and Navy restrictive easements. Based on these constraints,the existing and proposed uses are ideal at this location. It is important to note that one of the City's historic homes is located adjacent to the proposed mulch site. This request does not propose activities any closer to the house than approved in 2002. To ensure that the public's enjoyment of the historic home is not impacted by the noise associated with the proposed mulching operation, Staff recommends a City of Virginia Beach Agenda Item D1 Page 3 condition that no mulching of materials occur when the Upper Wolfsnare house is open to the public for tours. The home offers tours on a limited basis,typically Wednesday afternoons during the months of July and August. The Department of Public Works did meet with the Virginia Beach/Princess Anne County Historical Society to address concerns that included use of all-terrain vehicles on the property and fire prevention. As a result of these meetings, Public Works has committed to develop measures to eliminate illegal dumping on the site, ensure that all operations at Potter's Pit are within full compliance with the conditions of the Conditional Use Permit and that the temporary storage of woody debris and mulch will be managed in a way that hinders or prevents a fire. Public Works will be looking to the Fire Department to recommend additional safety measures to include a notification to the Fire Department when woody debris is stored on site,and how to manage the debris on site. Public Works intends to provide continued access to the site for the Fire Department, locate piles of woody debris away from power lines and ignition sources, restrict the use of welding and other heat generating devices, monitor the piles during extreme weather conditions,and institute pile separation methods. Staff recommends approval subject to the conditions below that are an update to the modification to the Conditional Use Permit that was approved in 2002 and that also reflect this current request. Recommended Conditions 1. The hours of operation of the site shall be limited to 8:00 a.m. to 5:00 p.m., Monday through Friday. This condition may be suspended during times of emergency, such as large storm events and hurricanes. No mulching of materials shall occur when the Upper Wolfsnare house is open to the public for tours. This is generally noon to 4:00 p.m. on Wednesdays in July and August. 2. The limits of fill shall substantially adhere to the submitted site plan, except as noted below,titled "DREDGED MATERIAL DISPOSAL SITE,WOLFSNARE PROPERTY, Virginia Beach Public Works Department, City of Virginia Beach,Virginia", dated 10/12/01, revised 1/31/02, and prepared by Landmark Design Group. Said plan is on file with the City of Virginia Beach Planning Department. 3. The stormwater management ponds shall adhere to the natural design depicted on the END USE/ LAND USE PLAN, prepared by City Staff and Landmark Design Group. Said plan is on file with the City of Virginia Beach Planning Department. 4. The fill operation shall begin at the eastern most portion of"Cell B" as conditioned by the City of Virginia Beach Historical Review Board on April 18, 2002. 5. Restoration of the site shall substantially adhere to the submitted "END USE/ LAND USE PLAN, DREDGED MATERIAL DISPOSAL SITE," prepared by City Staff and Landmark Design Group. Said plan is on file with the City of Virginia Beach Planning Department. 6. Fencing around the site shall be "black vinyl coated" chain-link as depicted on the "END USE/LAND USE PLAN, DREDGED MATERIAL DISPOSAL SITE, prepared by City Staff and Landmark Design Group. Said plan is on file with the City of Virginia Beach Planning Department. 7. Based on Fire Department guidelines,the height of any pile of mulch shall be limited to 20 feet and shall be located no closer than 20 feet to any other pile of debris. City of Virginia Beach Agenda Item D1 Page 4 8. The Fire Department shall have access to the site at all times. Said debris shall be located away from power lines and ignition sources. The use of welding and other heat generating devices shall be restricted. 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. City of Virginia Beach Agenda Item D1 Page 5 Proposed Site Layout i,... �,N r .."------7 \. ,Ifl ley ,I 1 \ ° ti M d �1 f u X V Ct L C .7. > i0 w' 'fl j Ihilkl, ..c: o s 3oa WI, til \ . A I ahh.. ," N - 1 , ti ; 4.--i-I-:' , ,,I \ 1 \„' � I I \ \ , 1 \ '1 �� \ \ \ 1 ‘‘ 1 \ II 4 :, 3 I .: .of i , I 1 City of Virginia Beach Agenda Item D1 Page 6 Proposed End Use Plan b1z ,i ' ..e_ l 1 A. Fa Q 1 i iCOC» W �_Jf a N j ~ I 4;'•:r'' V 20!- • '\' Ei ,i: E AI ii . 1! , A _ _ i '"" ''S.4.. d.:11A-‘,4a514:ZZ...Z4.4..:._ ''- ',\t LI ! !I I- .A 01. 2,.4 s _ ; 71:4..4 ...4":.. ,. .c o ',. . 14'iiii s 4, L)—:=,5:, 1• - -ewe.. f ,:i -• • . - — dia/Loorer .._...„ ,d,_=--. -,, -- • , .11 i_ ill ! i 11 111 1. 1: IIII: : ;ap i :; i18li! 10 I l•t) ! 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At• •a 1 ih ° 1°e 111 �• i6 !�11 ' i, tth, ix. 6 1� 1, ; , @ @11 1101 r ' it ; li. •• >s it• 111:1 1m'4104 a 11 _ 1 11/,irtexfii x51il# ' !1 ° ° 11 • iA kk55 /, 6 q Cy I• ', I.,,cr I I rrT •X f : p• V 7 !! $t 1,11 • it E,8 .g y 81 �6 r ' J, 0;„,-' - t t■••, N 1..-ii Lill( � . 1Poll1 ,f ierit.♦o, 1,,1i,,:ii; 1 ,0 1,11r 1 1 i 1111 isn ll=tf 1. �.1,Th _.Ea . its .•111911[E Jibs al i*. i. I ft City of Virginia Beach Agenda Item D1 Page 8 Site Photos A.• • -• -• ft' -.„ • • - _ - • 40- - • 41.C.e-i71;*-• City of Virginia Beach Agenda Item D1 Page 9 Item#D1 City of Virginia Beach Modification of Conditions North side of the Norfolk—Southern right-of-way, west of Air Station Drive District 6 Beach February 8, 2017 CONSENT An application of the City of Virginia Beach for a Modification of Conditions(Borrow Pit)on property located on the north side of the Norfolk-Southern right-of-way, west of Air Station Drive, District 6, Beach. GPIN: 2407-34-6916-0000. CONDITIONS 1. The hours of operation of the site shall be limited to 8:00 a.m. to 5:00 p.m., Monday through Friday. This condition may be suspended during times of emergency, such as large storm events and hurricanes. No mulching of materials shall occur when the Upper Wolfsnare house is open to the public for tours. This is generally noon to 4:00 p.m.on Wednesdays in July and August. 2. The limits of fill shall substantially adhere to the submitted site plan,except as noted below,titled "DREDGED MATERIAL DISPOSAL SITE,WOLFSNARE PROPERTY,Virginia Beach Public Works Department,City of Virginia Beach,Virginia", dated 10/12/01, revised 1/31/02,and prepared by Landmark Design Group.Said plan is on file with the City of Virginia Beach Planning Department. 3. The stormwater management ponds shall adhere to the natural design depicted on the END USE/ LAND USE PLAN, prepared by City Staff and Landmark Design Group. Said plan is on file with the City of Virginia Beach Planning Department. 4. The fill operation shall begin at the eastern most portion of"Cell B" as conditioned by the City of Virginia Beach Historical Review Board on April 18,2002. 5. Restoration of the site shall substantially adhere to the submitted "END USE/LAND USE PLAN, DREDGED MATERIAL DISPOSAL SITE," prepared by City Staff and Landmark Design Group. Said plan is on file with the City of Virginia Beach Planning Department. 6. Fencing around the site shall be"black vinyl coated"chain-link as depicted on the "END USE/LAND USE PLAN, DREDGED MATERIAL DISPOSAL SITE, prepared by City Staff and Landmark Design Group. Said plan is on file with the City of Virginia Beach Planning Department. 7. Based on Fire Department guidelines,the height of any pile of mulch shall be limited to 20 feet and shall be located no closer than 20 feet to any other pile of debris. 8. The Fire Department shall have access to the site at all times. Said debris shall be located away from power lines and ignition sources. The use of welding and other heat generating devices shall be restricted. Item#D1 City of Virginia Beach Page 2 A motion was made by Commissioner Oliver and seconded by Commissioner Horsley to approve item Dl. AYE 10 NAY ABSO 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 Dl for consent. John Barnes appeared before the Commission on behalf of the applicant. L. APPOINTMENTS GREEN RIBBON COMMITTEE HUMAN RIGHTS COMMISSION RESORT ADVISORY COMMISSION TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION-VBCDC WORKFORCE HOUSING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT *,***********......*** If you arc 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: 4.ach registered speaker Hill hast three (3) minutes to support the documenI ur express concerns PLANNING ITEMS: Applicants, or their Representatis es. Is has c ten (111) minutes to define the need or explain the intent plus three (3) minutes for Rebutted Speaker Hill hast Ihiee (3) minutes to speak once in frim 01 opposed. CITY COUNCIL CIP BRIEFINGS, BUDGET WORKSHOS SCHEDULE FOR THE FY 2017-18 RESOURCE MANAGEMENT Tuesday,April 25" Cultural Affairs Museums Parks and Recreations Tuesday.March 28'h Treasurer Presentation of City Manager's Proposed Budget Commission of Revenue General Registrar Tuesday,April 4th STIR office Commonwealth's Attorney City Attorney Sheriff and Corrections City Auditor Juvenile and Domestic Relations District Court City Clerk Circuit Court Real Estate Assessor's Office Magistrates Office Information Technology Juvenile Probation Finance General District Court Human Resources Emergency Communications and Citizen Services Communications Office Emergency Medical Services Debt Service Fire Department Budget and Management Services Office of Emergency Management Non-Departmental Police Department City Manager's Office Tuesday,April 11th Thursday.April 27th(Called Meeting) Clerk of Circuit Court SPECIAI. FORMAL SESSION Planning Public Ilearirig 6:0(1 PM Public Utilities Bayside I Iigh School Public Works Health Department Tuesday,May god Human Services Reconciliation Workshop Tuesday,April 18th Tuesday,May 9's(Called Meeting Virginia Beach City Public Schools Budget and CIP Vote Libraries Economic Development Agriculture Convention and Visitors Bureau Housing and Neighbor Hood Preservation SPI ('IAl FORMAL.SESSION Public I leering 6:00 PM l its ('uuncil Chamber HEAR YE,HEAR YE II I1 WI HIII IMO I IIO IS.ANUSF\I.N IS A ('111 1101.11) \ BY ORDINANCE,JULY FORMAL SESSIONS OF VIRGINIA BEACH CITY COUNCIL ARE SCHEDULED FOR THE FIRST and SECOND TUESDAYS IN JULY 2017 VIRGINIA BEACH CITY COUNCII. FORMAL SESSIONS WILL BE HELD ON THE SECOND AND THIRD TUESDAYS 'MAYA. 11 and JULY 181 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DM L:031/7/2017 PAUL: I D A AGENDA V 5 ITEM ft SUBJECT MOTION VOTE A F H F W B N E 3 S U B P DNOKMSFILW 00 V L N AOOR SO T R E E E NSM I 00 T T R Y S E S SNND I CITY MANAGERS BRIEFING FY 2017-18(BUDGE') Cm ROADWAYS Phil Pullen. Transportation Engineer -Public Works ECONOMIC VII ALIIY and SGA Warren Harris,Director -Economic Development Kathy Warren,Director- Strategic Growth Area Office COASTAL Phil Rochrs,Water Resources Engineer- Public Works 1F111 CERTIFICATION OF CLOSED CERTIFIED 10-0 YY V V Y AY YE V V SESSION IV/v vv VII A-E FIG MINUTES: Febniary 21,2017 APPROVED 10-0 V V V YY A Y Y V V Y 11 PUBLIC HEARING No Speakers I. EXCESS CITY PROPERTY Veteran's Care Center near the intersection of West Neck RoadtNimmo Parkway 1 PUBLIC COMMENT I. CAVALIER TOURISM 13Speakers DEVELOPMENT FUNDING PROGRAM ATLANTIC AVENUE REALIGNMENT 11 Ordinance to AMEND City Code§23-59 m ADOPTED,BY 9-1 YY VEY A NV Y V V Off-rite Parking CONSENI CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DA I'E93/072017 PAGE: 2 D A AGENDA V ITEM p SUBJECT MOTION VOTE A E H L W R N E J S U 1 BP DNORMSH 1. W 0 0 V L N AOOR SO T R E EENSM 1 0 0 1 T R VS ES S N N D 2 Ordinance to RE-ADOPT the Hampton ADOPTED.DV 10-0 V V V Y V AV Y V V Y Roads Hazard Mitigation Plan CONSENT 3 Ordinance to AMEND ORD-3326E to ADOPTED 5-3 N YIN Y V AN Y V INCREASE the Gap Financing Authorization re the Cavalier restoration/AUTHORIZE • other ACTIONS Tourism Development - Financing 4 Resolution to AUTHORIZE the City Manager: a. ADOPTED 5-3 N YNY Y AN Y Y APPLY for a Transportation Parinenhip Opportunity Fund Grant re Atlantic Avenue • • b. PETITION Commonwealth of Virginia Transportation Board to TRANSFER certain ADOP ILD 5-3 NYM AN Y Y Real properly to the City 5 Ordinances to. a. DECLARE approximately 26 acres of City ADOPTED,BY 10-0 YY Y V V A V V V V Y property at West Neck Road/Nimmo CONSENT Parkway in EXCESS b. AUTHORIZE we TRANSFER of propertyrop of ADOPTED,BY 10-0 V Y Y V VA Y Y V Y Y to the Commonwealth re development of a CONSENT' Veteran's Care Center c. Resolution to DESIGNATE options for a new ADOPTED.BY 10-0 V V V Y31 A V Y Y V Y School site CONSENT 6 Ordinance to AUTHORIZE Alum ent ADOPTED,BY 10-0 V Y Y V Y Ay V V V Y between the CitylID1/SEAI. Museum CONSENT Association. Inc., a Navy SEAL Monument at 3e Street/ AUTHORIZE DONATION of the Monument upon completion CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DA1 L031072017 PAGE: 3 I) A AGENDA V ITEM# SUBJECT MOTION VOTE A F H F W B N E J S U I B P ONOISMS II L W O 0 V L N AOOR S 0 TR C EENSM I 00 'I TR V S ES SNND 7 Ordinance to AUTHORIZE an Independent ADOPTED,BY 10-0 Y V Y Y Y A Y V Y V V Audit of the City/Development Authority CONSENT fnances to enter into a contract with C'liflonlanwnAllen,LLP for 8178,600 8 Ordinance to MODIFY the Wildlife ADOPTED,BY 9-0 VS' V V Y A Y A Y Y Y Response, Inc. lease to EXTEND CONSENT B construction milestones 1' A N' E D 9. Ordinances to AUTHORIZE temporary encroachments: a BAYLAKE PROPERTIES,I.LC-a porion ADOPTED,BY 9-0 Y YY Y V A Y A Y Y V of City property!mown as LakeJoycel the 20' CONSENT B strip of City property adjacent to 4444 Shore S Drive re pile piers/access walkways T A I N E D b. OCEANA DEVELOPMENT, LLC - ADOPTED,BY 10-0 V V Y V Y A V Y V V Y portion of City property known as Canal#2 at CONSENT Progress Lane to install a storm drainage pipe IC Ordinance to APPROPRIATE S14,976,969 ADOPTED 10-0 Y V V Y RA V V Y Y V of the Multi-Modal Fund m Norfolk-Southern Right-of Way Acquisition Refund Account II. Ordinances to ACCEPT/APPROPRIATE Grant Funds from Virginia Emergency Management: SI0,000 to the Office of Emergency a Management re: capabilities/training for ADOPTED.BY 101/ V Y V V V A Y YYY V Citizen's Emergency Response Team CONSENT S49.151 to the Virginia Task Force 2 Urban b. Search and Rescue Team (FEMA) re ADOPTED.BY 10-0 Y V Y V V A V Y V V Y communication equipment CONSENT CITY OFVIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:03/07/2019 PAGE: 4 D A AGENDA V OLMG SUBJECT MOTION VOTE A E H E W B N E I S U 1 B P DNORMS 11 L W O 0 V LN AOOR SO TR EEENSM 1 00 T T R Y S ES SNND K/1 ELBOW ROAD INVESTMENTS, LTG APPROVED/ 9-0 V A V V Y A V V Y Y V LYMAN STUART CLARKE Variance to CONDITIONED B Section 4.4(b)Subdivision Regulations re lot BY CONSEN'1 width at 4261 Elbow Road/parcel at Eastern -r corner of the intersection with Indian River A Road 1 DISTRICT]-PRINCESS ANNE N E D 2 RIVER CITY RECOVERY,I,LC/MASAG APPROVED/ 10-0 TYYTY A PVT V V 11,LLC for a Modification of Conditions re a CONDITIONED Bulk Storage Yard to store repossessed BY CONSENT vehicles at 1528 Centerville Turnpike DISTRICT 2-KEMPSVILLE 3 CENTRAL DRIVE MINI STORAGE,INC APPROVED/ 9-0 Y V V Y V A Y A Y Y V Modification of Proffers re sizedacation of BY CONSENT B building at the corner of General Booth Boulevard4immo Parkway T DISTRICT 9-PRINCESS ANNE A 1 N E D 4 BUNNY HUTCH, INC./JUSTIN M. APPROVED/ 10-0 V V Y V TA TYY Y V FAILLA CUPreWildlife CONDITIONED Rehabilitation/Animal Shelter at 1165 Jensen Drive DISTRICT 6-BEACH 5 SMARTMOU'III BREWING CO., APPROVED/ 9-0 Y V Y Y Y AT AT Y Y LLC/RUNNYMEDE CORP.CUPre a Craft CONDITIONED B Brewery 313325 Street BY CONSENT g DISTRICT 6-BEACH T A 1 N E D 6 MCDONALD GARDEN MARKET, APPROVED/ 10-0 V TY V Y A Y Y Y Y V LLC/PMIG 1020, LLC CUP re an Open- CONDITIONED Air Market at 4664 Princess Anne Road BY CONSENT DISTRICT 2-KEMPSVILLE 7 CITY Ordinance to AMEND§73.1 of the ADOPTED 8-2 N Y TY Y AN V Y TY Oceanfront Resort District Form-Based Code re Alternative Compliance far parking CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE 03/09/2019 PAGE 5 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H E W B N E I S U I B P DSO ICM S H LW O 0 Y LN AOOR SO T R EEENSM I 00 T 1R Y S E S S N N D , GREEN RIBBONCOMMrVFLF RESCHEDULED 10-0 Y Y V Y V A Y Y V V Y HUMAN RIGHTS COMMISSION RESORT ADVISORY COMMISSION (OWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION- VB(DC WORKFORCE HOUSING ADVISORY BOARD AUDfr COMMITTEE Reappointed: 10-0 Y Y Y Y V AY YYY V Karen Hill John Uhrin James L.Wood 3 yr term 05/01/19-4/30/20 HEALTH SERVICES ADVISORY BOARD Reappointed: 10-0 Y Y V V Y A V V Y Y V Guia Caliwagon Susan HeIlstrom led Kubicki Carolyn Rogers-Jackson Rolfe,White Appointed: Laura Habr 3 yr term 04/01/17-03/31/20 OPEN SPACE ADVISORY Appointed: 10-0 EY V Y V A Y V V Y Y Harry Millet Unexpired thru 5/3E19 SOCIAL SERVICES ADVISORY BOARD Appointed: 10-0 Y V V Y Y A V Y Y Y Y Robin Foreman-Wheeler Unexpired thru 6/3021 laurie Glands 4 yr tens 3O.l9-6/30/22 PROGRESS IMPROVEMLNT STEERING Appointed: 10-0 Y V V Y V A Y Y V V V COMMITTEE Sabrina Wooten No tenn M. AJOURNMENT 8:39 PM NI() PUBLIC COMMENTS 7 SPEAKERS 8:40 PM-902 PM