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HomeMy WebLinkAboutMAY 16, 2017 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL INueH� MAYOR WILLIAM O SESSOMS JF Ai-Large """� VICE MAYOR LOU/SR.JONES.Bayside Districtiiiiii! 04 JFSSI(AP ABBOT] k y dl -District 2 M.BENJAMIN DAVENPORT AIL g U \ ROBERT Al.DYER.Centerville D l U BARBARA M.HENLEY Princess Anne Dien ict> SHANNON DS KANE.Rose Hall District 3 • JOHN D.MOSS,Al Large JOHN le UHR/N,Beach District fi ROSEMARY WILSON,At-Large JAMES L. WOOD.Lvnnhaven-District 5 CITY(HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE,DRIVE CITY MANAGER DAVID L.HANSEN VIRGINIA BEACII. VIRGINIA 23456-9005 CITY ATTORNEY MARK D.STILES CITY COUNCIL AGENDA PHONE:(759)385-0303 CITYASSMSSOR JERALD D.BANAGAN FAX 1757)385-5669 CITY AUDITOR LYNDONS.REMIAS l(a) May16,2017 E-MAIL:CIvcncvbgov.com CITY CLERK RUTH HODGES FRASER.MMC MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room- 3:30 PM 1. SEVERE REPETITIVE LOSS and FLOOD MITIGATION ASSISTANCE GRANT Erin Sutton,—Emergency Management 2. COLLEGE BEACH WEEKEND, AFTER-ACTION REPORT James Cervera, Chief—Police 3. BIO-MEDICAL INITIATIVE PLAN and POLICY Warren Harris, Director—Economic Development 11. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room- 5:00 PM 1. CALL TO ORDER—Mayor William D. Sessoms, Jr. 2. CITY COUNCIL ROLL CALL 3. RECESS TO CLOSED SESSION V. FORMAL SESSION -City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Pastor Brent Belford Colonial Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES SPECIAL FORMAL SESSION April 27, 2017 INFORMAL and FORMAL SESSIONS May 2, 2017 SPECIAL FORMAL SESSION May 9, 2017 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARING 1. FRANCHISE CITY PROPERTY Café at 1401 Atlantic Avenue I. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND the City Code § 2-451, 16-47, 16-54 and 16-57 re the name, membership and duties of the Workforce Housing Advisory Board 2. Ordinance to GRANT a Franchise Agreement for an Open Air Café to Guru Parab, LLC Ua Oceans 14 Café 3. Resolution to EXTEND the City's Cable Franchise with Cox Communications until May 23, 2018, or the date of renewal. 4. Resolution to AUTHORIZE and DIRECT the City Manager to FIND efficiencies and streamline project delivery to alleviate Stormwater and chronic flooding impacts upon residents 5. Resolution to AUTHORIZE a formal "Sister City" relationship between Virginia Beach and Waiblingen, Germany; and, DIRECT the City Clerk to forward this Resolution to Sister Cities International for the issuance of a charter. 6. Ordinance to ACCEPT and APPROPRIATE: a. $12,852 State Training Grant to Emergency Medical Services re future Advanced EMT programs for members of the Volunteer Rescue Squads b. $91,907 from the Estate of Irene Brandon Roper re purchase of Infrared Night Vision Masks for the Fire Department c. $18,055 to support Rescue Squad Operations and Training to enhance the new EMS Headquarters AND $11,655 of Special Events Revenues to Volunteer Squads re stand-by duty J. PLANNING 1. MARY ANNE DECKER and KARIE STAKEM for an Enlargement of a Nonconforming Use (Duplex) at 409 27th Street. DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 2. RALPH J. and DEBBIE M. NAHRA for a Modification of Conditions re vehicle sales, rentals and auto repair at 1017 Aragona Boulevard (Approved September 20, 2016) DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 3. ROBERT SEIM, LLC for a Conditional Change of Zoning from B-2 Community Business and R-5D Residential to Conditional B-2 Community Business at 216 North Budding Avenue and 4217 Virginia Beach Boulevard DISTRICT 5- LYNNHAVEN RECOMMENDATION: APPROVAL 4. R& R TATTOO, LLC and 1479 GENERAL BOOTH, LLC for a Conditional Use Permit re a tattoo parlor at 1479 General Booth Boulevard DISTRICT 6-BEACH RECOMMENDATION: APPROVAL 5. REED ENTERPRISES, INC. for a Conditional Use Permit re an auto repair at 3249 Dam Neck Road DISTRICT 7- PRINCESS ANNE RECOMMENDATION: APPROVAL 6. USF S&H VIRGINIA, LLC and DAM NECK CROSSING, LLC for a Conditional Use Permit re an indoor recreation at 1650 General Booth Boulevard DISTRICT 6-BEACH RECOMMENDATION: APPROVAL 7. VALVOLINE INSTANT OIL CHANGE and TMK FAMILY TRUST, FREDERICK T. STANT, III,TRUSTEE for a Conditional Use Permit re an auto repair at 2888 and 2890 Virginia Beach Boulevard DISTRICT 6-BEACH RECOMMENDATION: APPROVAL 8. SMARTMOUTH BREWING CO.,LLC and RUNNYMEDE CORP for a Conditional Use Permit re an open air market at 313 32nd Street DISTRICT 6-BEACH RECOMMENDATION: APPROVAL K. APPOINTMENTS 2040 VISION-TO-ACTION COMMUNITY COALITION ARTS and HUMANITIES COMMISSION BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAIL ADVISORY COMMITTEE CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM GREEN RIBBON COMMITTEE HAMPTON ROADS PLANNING DISTRICT COMMISSION HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD TIDEWATER COMMUNITY COLLEGE TOWING ADVISORY BOARD VIRGINIA BEACH CLEAN COMMUNITY COMMISSION L. UNFINISHED BUSINESS M.NEW BUSINESS N. 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 HEAR YE, HEAR YE .I I'I1 101 RI II \\ 11 11101 SVAD SIA F'S IEFS Is V 1 111 111)1.11) Al BY ORDINANCE,JULY FORMAL SESSIONS OF VIRGINIA BEACH CITY COUNCIL ARE SCHEDULED FOR THE FIRST and SECOND TUESDAY'S IS .11'1.\ 31117 1RGL\IA BEACH CII\ COLTCII, FOR\. l.AI SESSIONS \\ ILL BE HELD ON THF: SECOND ;A AU TH IRD TUESDAY'S PHA II and .11 AN 181 Virginia Beach City Council Speaker Time Limits ORDINANCES / RESOLUTIONS: Each regislercd spcake, sill Iiase Ilii cc 131 minutes to support the document to exit'es. come, r1' PLANNING ITEMS: \pplicants, m Ihrn Rept rsrttlalises. 'sill base ten ( 111) minutes to dcliue Ilu' 111.„1 Haiti the intent plus three 131 minutes lin rebuttal Speakers )rill base hire i31 minutes to speak once in Fasor 01 oppou•d /jag CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL ' AS4P1 CHMAYOR WILLIAM a SESSOMS,JR.,A L g V/CE MAYOR LOUIS R.JONES,Bayside Ditrct4 4c JESSICAIS K prvill DistrictM.BENJAMIN DAVENPORT All g Y / 5- ROBERT M DYER,Centerville District I BARBARA Al.HENLEY,Princess Anne District 7 SHANNON DS KAN£Rose Hall District 3 JOHN D.MOSS.At Large J OHN E UHRIN.Beach District 5 `8i.8508 n ROSEMARY WILSON.At-Large J AMES. WOOD,Lynnhaven-District i CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER DAVID L.HANSEN VIRGINIA BEACH. VIRGINIA 23456-9005 CITYAITORNEY MARK DSTILES CITY COUNCIL AGENDA PHONE'O5])385-0303 CITY ASSESSOR JERALD D.BANAGAN FAX(25J)385-5669 CITY AUDITOR LYNDON S.REM/AS16,2017 E-MAIL:CNcncl(wbgov.com CITY CLERK RUTH HODGES FRASER.MMC May MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room- 3:30 PM I. SEVERE REPETITIVE LOSS and FLOOD MITIGATION ASSISTANCE GRANT Erin Sutton,—Emergency Management 2. COLLEGE BEACH WEEKEND, AFTER-ACTION REPORT James Cervera, Chief—Police 3. BIO-MEDICAL INITIATIVE PLAN and POLICY Warren Harris, Director— Economic Development II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -Conference Room- 5:00 PM 1. CALL TO ORDER—Mayor William D. Sessoms, Jr. 2. CITY COUNCIL ROLL CALL 3. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Pastor Brent Belford Colonial Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES SPECIAL FORMAL SESSION April 27, 2017 INFORMAL and FORMAL SESSIONS May 2, 2017 SPECIAL FORMAL SESSION May 9, 2017 G. FORMAL SESSION AGENDA I. CONSENT AGENDA H. PUBLIC HEARING 1. FRANCHISE CITY PROPERTY Café at 1401 Atlantic Avenue • a � Y PUBLIC NOTICE The Virginia Beam City Council will hold a PUBLIC HEARING at 6:CO P.M.on May 16,2017 in the City Council Chamber regarding a proposed cafe franchise agreement for Gryawne0 property located at the following location: 1401 Atlantic Avenue to Guru Parch, LLC,t/a Ocean's 14 Cate.bra Boardwalk Cafe. The purpose of the Hearing will be to obtain public comment on the proposed franchise agreement on City propem. Copies of the franchise agreement are on file in the City Clerlla office. The City Council Chamber is located onthe second floor of the City Hall bilding (Building xll at 2401 Courthouse Dine, Virginia Beach,Virginia 23456. My questions concerning We above- referenced franchise should be directed to Mike Eason.CVB/Resort Management Office.by calling(757)385-4800. if you are phySically mwblm or visually Impaired and need assistance at this meeting, please call the CITY CLEARS OFFICE at 3459303: Hearing impaired Call 711 (Virginia Relay -Telephone evice for the Deaf). All interested parties 51. Ted t0 attend Rulernsee.MMC City CIeM BEACON: MAY14.2017 I. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND the City Code § 2-451, 16-47, 16-54 and 16-57 re the name, membership and duties of the Workforce Housing Advisory Board 2. Ordinance to GRANT a Franchise Agreement for an Open Air Cafe to Guru Parab, LLC t/a Oceans 14 Café 3. Resolution to EXTEND the City's Cable Franchise with Cox Communications until May 23, 2018, or the date of renewal. 4. Resolution to AUTHORIZE and DIRECT the City Manager to FIND efficiencies and streamline project delivery to alleviate Stormwater and chronic flooding impacts upon residents 5. Resolution to AUTHORIZE a formal "Sister City" relationship between Virginia Beach and Waiblingen, Germany; and, DIRECT the City Clerk to forward this Resolution to Sister Cities International for the issuance of a charter. 6. Ordinance to ACCEPT and APPROPRIATE: a. $12,852 State Training Grant to Emergency Medical Services re future Advanced EMT programs for members of the Volunteer Rescue Squads b. $91,907 from the Estate of Irene Brandon Roper re purchase of Infrared Night Vision Masks for the Fire Department c. $18,055 to support Rescue Squad Operations and Training to enhance the new EMS Headquarters AND $11,655 of Special Events Revenues to Volunteer Squads re stand-by duty CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 2-451, 16-47, 16-54, and 16-57 of the Code Pertaining to the Membership and Duties of the Workforce Housing Advisory Board MEETING DATE: May 16, 2017 ■ Background: The Workforce Advisory Board was established in 2007 to advise City Council on the Workforce Housing program. The board meets regularly as needed and sets sales and rent prices and recommends policy changes to city council. As a result of various factors, the Workforce Housing program itself has seen only one project developed under it. In addition, the Housing Needs Assessment and Market Analysis, presented to Council on January 2491, identified housing and neighborhood preservation issues facing the city beyond those that can be addressed by the workforce housing program. Therefore, board members and staff recommend that the Council expand the role of the board to include providing input to the Manager and Council regarding affordable housing and neighborhood preservation. • Considerations: The Workforce Housing Advisory Board discussed the proposed ordinance and voted to support it at its meeting of April 17, 2017. • Public Information: This issue was discussed at the April 17th meeting of the Workforce Housing Advisory Board, which was advertised to and open to the public. In addition, since the change made to the board only expands the subjects that the board gives input to Council and the Manager on, it is considered a minor change and does not require a prior public input opportunity. • Attachments: Ordinance Recommended Action: Adopt Ordinance • 1 Submitting D me envy: Housing & N\_ . ��.. eservation City Manager: 1 AN ORDINANCE TO AMEND SECTIONS 2-451, 16-47, 16- 2 54 AND 16-57 OF THE CITY CODE PERTAINING TO THE 3 NAME AND DUTIES OF THE WORKFORCE HOUSING 4 ADVISORY BOARD 5 6 Sections Amended: §§ 2-451, 16-47, 16-54 and 16-57 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Sections 2-451, 16-47, 16-54 and 16-57 of the City Code are hereby 12 amended and reordained to read as follows: 13 14 Sec. 2-451. - Definition of boards, commissions and committees. 15 16 Boards shall be defined as those advisory council-appointive agencies which 17 are prescribed by the Virginia State Code as "boards," as well as locally established 18 bodies, the duty of which pertains to or is governed by federal and state codes or local 19 ordinances. Terms shall be specified and limited in accordance with the applicable 20 federal or state codes or local ordinances or resolutions. Those currently established 21 are as follows: 22 23 24 25 Wetlands Board 26 27 Workforce-hHousing advisory board 28 29 30 31 Sec. 16-47. - Workforce housing pricing. 32 33 (a)Workforce housing shall be priced so as to be affordable for purchase by a 34 household with a gross annual income between eighty (80) percent and one 35 hundred twenty (120) percent of area median income, adjusted for household 36 size. Semi-annually, the workforce housing advisory board shall establish 37 maximum sales prices for workforce housing units based upon current area 38 median income, prevailing mortgage interest rates in the area, real estate tax 39 rates, homeowner's insurance rates, housing ratios, mortgage insurance 40 premiums, condominium and homeowners' association fees and other costs 41 and fees as dictated by the housing market, and the size of targeted 42 households. In determining whether to grant approval pursuant to article 21 of 43 the city zoning ordinance of a proposed development that includes workforce 44 housing, the city council shall determine whether the proposed pricing of the 45 workforce housing within such development meets the requirements of this 46 section. 47 48 49 Sec. 16-54. -Workforce hHousinq advisory board established; membership; 50 duties. 51 52 (a) Established. The war-War-se housing advisory board is hereby established. 53 54 (b) Term. There shall be at least ten (10) members of the board, who shall be 55 appointed by the city council for terms of four (4) years; provided, however, that 56 the initial terms of two (2) members shall be one (1) year, the initial terms of 57 three (3) members shall be two (2) years, and the initial terms of three (3) 58 members shall be three (3) years. 59 60 (c) Membership. Two (2) members, both of whom shall have extensive experience 61 in practice in the City of Virginia Beach, shall be either land planners or civil 62 engineers or architects licensed by the Virginia Board for Architects, 63 Professional Engineers, Land Surveyors, Certified Interior Designers and 64 Landscape Architects; one (1) member shall be a real estate salesperson or 65 broker licensed by the Virginia Real Estate Board; one (1) member shall be a 66 representative of a lending institution that finances residential development in 67 the City of Virginia Beach; one (1) member shall be a member of the city 68 council; one (1) member shall be a builder with extensive experience in the 69 construction of single-family detached and attached dwelling units; one (1) 70 member shall be builder with extensive experience in the construction of 71 multiple-family dwelling units; one (1) member shall be a current employee of 72 the department of public works or department of planning; one (1) member shall 73 be a representative of a nonprofit housing organization which provides services 74 in the City of Virginia Beach; and the remaining members shall be citizens of 75 the city. 76 77 (d) Duties. It shall be the duty of the board to: 78 79 (1) Establish the maximum sales and rental prices of workforce housing 80 units. Such prices shall be based on the area median income, as defined 81 in section 16-44, and shall be adjusted semi-annually; provided, 82 however, that maximum rental prices in excess of those established by 83 the board shall be allowed if such prices are consistent with the 84 requirements of affordable housing funding sources and are approved by 85 the director. 86 87 (2) Advise the city council on all aspects of the city's workforce housing 88 program, including recommendations for modifications of the 89 requirements of the program; and 90 2 91 (3) Report annually to the city council on the production of workforce 92 housing units, participation in the workforce housing program, and 93 achievement of program goals. 94 95 (4) Advise the city manager and the city council regarding implementation of 96 strategies to address issues of housing affordability and neighborhood 97 preservation_. 98 99 100 Sec. 16-57. - Application, etc. fees. 101 102 The city shall charge a reasonable application fee and such other ordinary and 103 customary fees in the real estate industry as are reasonable and necessary to cover 104 the costs of the service for which the fee is charged. The amount of such fees shall be 105 determined by the city council upon recommendation of the werkferce housing 106 advisory board. 107 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: lr Andre rid man Ci Kay Housing andNeighborhood Preservation City Atto ey's ffice CA14044 R-1 April 18, 2017 3 Y if CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting a Franchise Agreement for an Open Air Café in the Resort Area MEETING DATE: May 16, 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: Guru Parab, LLC, t/a Ocean's 14 Café, is seeking a one-year franchise agreement for operation of a Boardwalk Café at 1401 Atlantic Avenue. • Public Information: A public notice was published in The Beacon on May 14, 2017. • Attachments: Ordinance and Disclosure Form Recommended Action: Adopt Ordinance Submitting De • e• • •ency: Convention & Visitors Bureau,. City Manager: hI moi, 1 AN ORDINANCE GRANTING A FRANCHISE 2 AGREEMENT FOR AN OPEN AIR CAFE IN 3 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, Guru Parab, LLC, Ua Ocean's 14 Café, is seeking a one-year 17 franchise agreement for operation of a Boardwalk Café at 1401 Atlantic Avenue; and 18 19 WHEREAS, the Convention & Visitors Bureau/Resort Management recommends 20 that the above-named entity be granted an open air café franchise agreement. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH: 24 25 That the City Council hereby grants a one-year franchise agreement to Guru 26 Parab, LLC, Ua Ocean's 14 Café, for operation of a Boardwalk Café at 1401 Atlantic 27 Avenue. Adopted by the City Council of Virginia Beach, Virginia on this day of 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Mike Eason Aimee Sullivan Convention and Visitors Bureau/ City Attorney's Office Resort Management CA14047 R-1 May 3, 2017 I/ .AGEME,yr �.104. 0 ecelved Virg Beach m DISCLOSURE STATEMENT FORM ( 2 r The completion and submission of this form is required for all appli : • • I g;r;a gez that pertain to City real estate matters or to the development and/or use • 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 1 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. ;21 Check here if the APPLICANT I5 a corporation, partnership, firm, business, or FOR CITY USE ONLY/All dtsclosores must he updated am(2.weeks prior to any Page I of 4 Planaira Commission and G,y Coi„c II meeuna that perteio:to the appl:catiomn. O APPLICANT NOTIFIED OF HEARING DATE O NO CHANGES AS OF DATE O REVISIONS SUBMITTED DATE 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) (A(JCL) (2nk Frj Lo— `t» A C� cc-r�.,'s I4. Punct_ (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 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. jcr 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) C/-vD� asrt IZC�o �r$ Pain rel /A >Gi v`c-� oPie /1 7cc (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. 71/4B Virginia Beach "Parent-subsidlary 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 an a regular basis; or there is otherwise a close working relationship between the entities" See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets 1 needed) ❑ T/1 rccounting and/or preparer of SF' your tax return ❑ Architect / Landscape Architect / Land Planner Contract Purchaser(if other than (73❑ the Applicant)- identify purchaser and purchaser's service providers ', Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ Construction Contractors ❑ ® Engineers/Surveyors 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. Virginia Beach Financing (include current I ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services ��77II Real Estate Brokers /Agents for 0 14r current and anticipated future i 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? 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 meeti g f y public body or committee in connection with this Application. Nlsti„ 001;7L__ APPLICANT'S SOGGNAAAJTUURE PRINTNT/N�AMME� /JDATE PROPERTYY WNGR'SK!CNA'rURE P fNT/�-!> ,/ ,74-7-, 9 �r NAME ATE 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. [ frise s\ 1e CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Extend the City's Cable Franchise with Cox Communications Until the Earlier of May 23, 2018 or the Date on Which the Franchise is Renewed MEETING DATE: May 16, 2017 • Background: On May 23, 2006 the City granted a 10-year cable franchise (the "Cable Franchise") to Cox Communications Hampton Roads, L.L.C. ("Cox"). Under federal law, a local franchising authority such as the City may undertake to identify the community's future cable-related needs and interests and to review the performance of the cable operator. The City engaged the services of an outside consultant to perform a needs assessment for this purpose. Prior to the expiration date of May 23, 2016 ("Expiration Date"), the parties agreed to a 12- month extension pursuant to City Council Resolution RES-03789, to continue negotiations of a renewal agreement ("Franchise Renewal"). The City is continuing to work with the consultant and Cox to negotiate the Franchise Renewal and desires to further extend the current terms of the Cable Franchise until the parties are able to finalize the Franchise Renewal. • Considerations: The City granted the initial Cable Franchise in 2006. Over the past 10 years, much has changed regarding this technology and its availability throughout the City. This extension will allow City staff to fully assess the residents' needs identified in the consultant's report in order to better negotiate the terms of the Franchise Renewal. This Resolution will authorize the City Manager to execute an extension of the Cable Franchise so that Cox can continue to provide cable services within the City until the Franchise Renewal is complete. • Public Information: Advertisement of City Council Agenda • Recommendations: Approval • Attachments: Disclosure Statement Resolution Extension Agreement Recommended Action: Adoption of Resolution Submitting De•: . : +formation Technology City Manager: � 1 A RESOLUTION TO EXTEND THE CITY'S CABLE 2 FRANCHISE WITH COX COMMUNICATIONS 3 UNTIL THE EARLIER OF MAY 23, 2018 OR THE 4 DATE ON WHICH THE FRANCHISE IS RENEWED 5 6 WHEREAS, the extension of the City's current cable franchise with Cox 7 Communications Hampton Roads, L.L.C. ("Cox"), expires on May 23, 2017; 8 9 WHEREAS, the City has been conducting a public needs assessment 10 concerning the renewal of such franchise and has been engaged with Cox in 11 negotiations to that end; 12 13 WHEREAS, review of the needs assessment and negotiations cannot be 14 concluded prior to the expiration date of the current extension to the franchise; and 15 16 WHEREAS, the parties wish to enter into a second extension of the term of the 17 current franchise to the earlier of May 23, 2018 or the date on which the franchise is 18 renewed, under the same terms and conditions set forth in the franchise; and 19 20 WHEREAS, the requested extension will not affect Cox's customers, except to 21 allow them to continue to receive cable service from Cox. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized and directed to execute, on behalf of 27 the City, the agreement entitled "SECOND AMENDMENT OF CABLE TV FRANCHISE 28 AGREEMENT", dated , 2017, by and between the City of Virginia Beach 29 and Cox, which agreement is appended hereto and a copy thereof is on file and 30 available for public inspection in the Office of the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL 1.4�/ SUFFICIENCYAND FORM: I '7-MATION TECHNOLOGY CITY ATTORNEY'S FFICE CA13987 May 2, 2017 R-1 SECOND AMENDMENT OF CABLE TV FRANCHISE AGREEMENT COX COMMUNICATIONS (HAMPTON ROADS. L.L.C. THIS SECOND AMENDMENT AGREEMENT (the "2i4 Amendment"), dated thiy�fd day of 2017 is by and between the City of Virginia Beach. Virginia, a municipal corporao ("City") and Cox Communications Hampton Roads, L.L.C.. ("Cox") a Delaware limited liability company authorized to transact business in the Commonwealth of Virginia. The City and Cox may be collectively referred to as the"Parties." WHEREAS, the City granted a ten (10) year cable franchise ("Franchise") to Cox commencing on May 23.2006 and expiring May 23. 2016("Expiration Date"); WIIEREAS, the City and Cox entered into negotiations to renew the Franchise ("Franchise Renewal"), and as part of the process the City secured the services of a consultant to conduct a public needs assessment and audit; WHEREAS, since the Franchise Renewal was unable to be completed prior to the Expiration Date, the parties entered into a one (1) year extension of the Franchise, authorized by City Council on May 17. 2016 by adoption of RES-03789; and WHEREAS, the panics continue to negotiate the terms of the Franchise Renewal, and desire to obtain an additional extension in order to fully assess and finalize the terms of the Franchise Renewal. NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and other valuable consideration,the sufficiency of which is hereby acknowledged,the Parties agree as follows: I. Section 4.04 of the Franchise is hereby deleted in its entirety and replaced with the following: The terns of the Franchise to be granted by rhe City pursuant to this Ordinenwe shall expire the earlier of May 23, 2018 or linen the existing Franchise is renewed. whichever shall forst occur. 2. Except as specifically modified hereby. the Franchise shall remain in full force and effect. SIGNATURES APPEAR ON THE FOLLOWING PAGES] IN WITNESS WHEREOF, the Parties have caused this 2nd Amendment to be executed by their respective duly authorized representatives. COX COMMUNICATIONS HAMPTON ROADS. L.L.C. a Delaware limitedliabilitycompany By: .. .L. /.�] 11�// ' • Eu ry2S}If ,{ 1 t cc rce c es dee 'X `yn,n 1_,.-1(4-1,c..f COMMONWEALTH OF VIRGINIA cry OFawsRechyQ_, .to-wit: The foregoing instrument was acknowledged before me this $s day ofm�� 2017, by it Myevc it Syp a g:1,,114E . behalf of COX COMMUNICATIONS HAMPTON BROADS. L.L.C.. a Delaware limited liability company authorized to transact business in the Commonwealth of Virginia. CMV LEON SRINKLEY Notary P lie Votary yaw Co mpereNt0 W WOO My commission expires: , 3� .3OaSZ ReWhtlon Ns.7W110 g' 0wmMnWn Wins 71.7070 My registration number: '1693 \1\q_. CITY OF VIRGINIA BEACH By: City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: Ruth Hodges Fraser,City Clerk COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this day of . 2017, by . City Manager/Authorized Designee of the City Manager of the City of Virginia Beach, on its behalf. Notary Public My commission expires: My registration number: COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH.to-wit: The foregoing instrument was acknowledged before me this day of _, 2017, by Ruth Hodges Fraser.City Clerk of the City of Virginia Beach,on its behalf. Notary Public My commission expires: My registration number: APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Information Technology City Attorney's Office DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness - --- Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area I 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 ❑ 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 Page 1 of 4 ❑ 0 j \'i rxinia Israeli 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) Cox Communications Hampton Roads, LLC See attachment for list of officers (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1. Cox Enterprises 2. CoxCom, LLC; Cox Virginia Telcom, LLC See next page for information pertaining to footnotesI and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. ❑ 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) N/A (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) N/A 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 Reach "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 2.23101. 2 'Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when 0) one business entity has a controlling ownership interest in the other business entity, Oil a controlling owner in one entity is also a controlling owner in the other entity, or )iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code 4 2.2-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ O Accounting and/or preparer of your tax return ❑ X❑ Architect / Landscape Architect/ Land Planner Contract Purchaser (if other than 0 X❑ the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ O purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ X❑ Construction Contractors ❑ ® 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. B Virginia Brach Financing (include current ❑ K❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ © Legal Services Real Estate Brokers / Agents for ❑ x❑ current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 0 ® 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 any or committee in connection with this Application. �E iri s _ATE f I APDL ANT' SIGNATURE I PRINT NAME DATE JPROPERTY 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. Current Appointments Cox Communications Hampton Roads, L.L.C. Board Positions Name Position Bowser.Mark F Director Esser. Patrick J D.rector Hightower.Jennifer D.rector Officers Name Position Esser.Patrick J President Rowley Stephen M Senior Vice President Cox Business Myers II.JO Senior Vice President&Region Manager Friedman.Maria L Vice President Hightower Jennifer Vice President V¢kers Mary A Vice President Bowser.Mark F Vice President Falk. Kathryn C Vice President Government Relations Bye.Jeremy Vice President Cox Business-Carrier Blythe David Vice President Customer Care Grover, Molise! Vice President Government Affairs Alleyne.Vonya Vice President. Human Resources Stubbs Toni Y Vice President Technology. Engineering&Operatons Hinson,Timothy Vice President Cox Business Sukiennik Hyman H Vice President Cox Business.East Area Breaux.Jell Vice President Cox Business.West Area White. Elizabeth Vice President Outside Plant Maintenance Fanto Sharon Vice President Cox Meda Merritt.Jeff Market Vice President Roanoke Pryor.Juliette W Secretary Bowen Charies N Assistant Secretary Friedman. Maria L Treasurer ,_ ,;' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Directing the City Manager to Find Efficiencies and Streamline Project Delivery to Alleviate Stormwater Impacts and Chronic Flooding upon Residents MEETING DATE: May 16, 2017 • Background: The residents of the City are threatened by flooding and other rain water effects. These concerns include both storm related flooding and tidal flooding. The City Manager's Proposed Budget includes funding for a 15-year program to address the current Stormwater infrastructure needs of the City. The City Council has heard the concerns of the residents that the City needs to work diligently and expeditiously to deliver Stormwater capital projects. The City Council desires to unequivocally express the importance of Stormwater management and chronic flooding among the issues before the Council. • Considerations: The attached resolution directs the City Manager to find efficiencies and streamline project delivery to alleviate storm water and chronic flooding impacts upon residents of the City. To assist the Council in understanding the execution of the Stormwater program, the City Manager would be directed to provide quarterly updates the Council. The Council could direct more frequent updates. The resolution also directs the City Manager to pursue all avenues available within current budget constraints to expedite Stormwater project delivery. If the Manager becomes aware of opportunities during the fiscal year for acceleration or modification of Stormwater projects, the Manager is required to present the Council with the opportunity to pursue such opportunities including, where necessary, the supplemental appropriation of funds. • Public Information: Public information will be provided through the normal Council agenda process. This item was discussed at the Council's informal session on May 2, 2017. • Attachments: Resolution Requested by Councilmembers Kane, Uhrin, Wilson and Wood REQUESTED BY COUNCILMEMBERS KANE, UHRIN, WILSON, AND WOOD 1 A RESOLUTION DIRECTING THE CITY MANAGER TO 2 FIND EFFICIENCIES AND STREAMLINE PROJECT 3 DELIVERY TO ALLEVIATE STORMWATER IMPACTS AND 4 CHRONIC FLOODING UPON RESIDENTS 5 6 WHEREAS, the residents of the City are threatened by flooding and other rain 7 water effects; and 8 9 WHEREAS, the City Manager's Proposed Budget includes funding for a 15-year 10 program to address the current Stormwater infrastructure needs of the City; and 11 12 WHEREAS, the City Council has heard the concerns of the residents that the 13 City needs to work diligently and expeditiously to deliver Stormwater capital projects; 14 and 15 16 WHEREAS, the City Council desires to unequivocally express the importance of 17 Stormwater management and chronic flooding among the issues before the Council; 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA, THAT: 21 22 1. The City Manager is directed to find efficiencies and streamline project delivery to 23 alleviate storm water and chronic flooding impacts upon residents of the City. 24 25 2. The City Manager is directed to provide periodic updates to the City Council 26 outlining the progress of the Stormwater program with such updates provided on 27 a quarterly basis unless otherwise directed. 28 29 3. The City Manager is directed to pursue all avenues available within current 30 budget constraints to expedite Stormwater project delivery, and if the Manager 31 becomes aware of opportunities during the fiscal year for acceleration or 32 modification of Stormwater projects, the Manager shall present the Council with 33 the opportunity to pursue such opportunities including, where necessary, the 34 supplemental appropriation of funds. Adopted by the City Council of the City of Virginia Beach, Virginia the day of , 2017. TOVI> I D AS TO LEGAL SUFFICIENCY: / Dana Narfn r " City Attorney's Office CA14048 R-3 May 3, 2017 fe CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Approving Waiblingen, Germany, as a Sister City to Virginia Beach MEETING DATE: May 16, 2017 • Background: The "Sister City" concept was inaugurated by General Dwight D. Eisenhower, President of the United States, as a "People-to-People" program in 1956. The purpose was to establish greater friendship, peace and understanding between the people of the United States and those of other nations worldwide through direct personal relationships. Virginia Beach has enjoyed great experiences and personal relationships with our first Sister City, Moss, Norway, and annually shares the Norwegian Lady with the Sons of Norway here and the City of Moss commemorations. In 1992, Virginia Beach became the Sister City with Miyazaki City, Japan, and much has resulted in those exchanges of student visits, sharing the Volunteer program, establishing the Japanese Garden, and sharing Sister Parks, among other activities. In 2001, North Down Co., Bangor, Northern Ireland, became our third Sister City. As a result of Virginia Beach's 50th Anniversary and having a very large Filipino population in the City, Olongapo, Philippines, officially became a Sister City in July 2015. In recognition of almost forty years of manufacturing in Virginia Beach with international relations and seven years of STIHL supporting Tallwood High School's Academy of Global Studies and International Languages student exchanges, SCAVB invited Mayor Andreas Hesky from Waiblingen, Germany, home of STIHL, to visit Virginia Beach. Mayor Hesky was very impressed with the possibilities of a "sister city" partnership. Upon his return to Waiblingen, he presented the idea to his Council who were in favor. Much of the criteria to become a "sister city" with Virginia Beach has already been accomplished. Mayor Sessoms' Mayoral Delegation visited Waiblingen May 1-6, at which time Mayor Hesky and the Waiblingen City Council tentatively planned a charter visit to Virginia Beach in October 2017. Virginia Beach has its lighthouses; Waiblingen has a Watch Tower. Mayor Hesky and Members of his City Council have committed to attend the International Sister Cities Conference in Virginia Beach in July 2017. • Considerations: The Sister Cities Association of Virginia Beach has unanimously approved Waiblingen, Germany as a "Sister City" to Virginia Beach and requests that the City Council endorse this relationship for the official charter to be issued by the Sister Cities International Board of Directors. • Public Information: Public Information will be provided through the normal Council agenda process. • Attachments: Resolution. Recommended Action: Approval �fi Submitting Departm ency: City Clem/ City Manager: 1 A RESOLUTION APPROVING WAIBLINGEN, GERMANY AS 2 A SISTER CITY TO VIRGINIA BEACH 3 4 WHEREAS, the "Sister City' concept was inaugurated by General Dwight D. 5 Eisenhower, President of the United States, as a "People-to-People" program in 1956, 6 and the purpose was to establish greater friendship, peace and understanding between 7 the people of the United States and those of other nations worldwide through direct 8 personal relationships; 9 10 WHEREAS, all succeeding Presidents have endorsed this program and 11 promoted the sharing of cultures, economies, education, ideas, sports and various 12 other facets of personal, business and commercial exchanges, and the People-to- 13 People program was enhanced by the establishment of Sister Cities International to 14 involve cities, towns and counties; 15 16 WHEREAS, the City of Virginia Beach, through disaster in the breaking of the 17 ship, Dictator, off the shores of Cape Henry in 1891, has enjoyed great experiences and 18 personal relationships with our first Sister City, Moss, Norway, and annually shares the 19 Norwegian Lady with the Sons of Norway here and the City of Moss commemorations; 20 in 1992, Virginia Beach became the Sister City with Miyazaki City, Japan, and much as 21 resulted in those exchanges of student visits, sharing the Volunteer program, 22 establishing the Japanese Garden, sharing Sister Parks, et cetera; in 2001, North Down 23 Co., Bangor, Northern Ireland, became our third Sister City; and as a result of Virginia 24 Beach's 50th Anniversary and having a very large Filipino population in the City, 25 Olongapo, Philippines, officially became a Sister City in a joint signing ceremony in 26 Virginia Beach in July 2015; 27 28 WHEREAS, in 2015, discussions began between Stihl, one of the largest 29 manufacturers in Virginia Beach, Mayor Sessoms and SCAVB President, Ruth H. 30 Fraser, to consider their German home city, Waiblingen, for Sister Cityhood, and a letter 31 was forwarded by the Chair of Stihl to Andreas Hesky, Mayor of Waiblingen to ascertain 32 their interest; his response was favorable and shared with members of the Waiblingen 33 City Council; Peter Mueller, Virginia Beach's Honorary Counsel for Germany, and 34 former Manager of Virginia Beach operations of Stihl, Inc., agreed to assist in the 35 development and future activities of the new sister city; in May, 2016 Mayor Hesky and 36 his assistant arrived for their first official visit to Virginia Beach, and they met with 37 students at Tallwood High Academy for Global Studies and International Language who 38 had already experienced several years of "in / out-bound" exchanges sponsored by 39 Stihl; and a Mayoral Delegation comprised of Mayor and Mrs. Sessoms, SCAVB 40 President, Ruth H. Fraser, Warren Harris, Economic Development Director, and Peter 41 Mueller visited Waiblingen in May to solidify plans for twinning the two cities; and 42 43 WHEREAS, the Sister Cities Association of Virginia Beach has unanimously 44 approved Waiblingen as a "Sister City" to Virginia Beach and has requested that City 45 Council endorse this relationship for the official charter to be issued by the Sister Cities 46 International Board of Directors. 47 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 48 OF VIRGINIA BEACH 49 50 That the City Council of Virginia Beach hereby endorses a Sister City relationship 51 with Waiblingen, Germany and directs the City Clerk to provide a copy of this 52 Resolution, adopted this 161h day of May, Two Thousand Seventeen, to the President of 53 the Sister Cities Association of Virginia Beach and submit an original of this resolution to 54 the SCI office in Washington, D. C. at the earliest possible date. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: kH. Fraser erRoderick Ingram City Clerk City Attorney's Office CA14036 R-1 April 19, 2017 F`s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Training Grant Funds to the FY 2016-17 Operating Budget of the Department of Emergency Medical Services MEETING DATE: May 16, 2017 • Background: The General Assembly established the Four-for-Life program for the purpose of providing financial assistance to volunteer rescue squads and municipal EMS agencies. As required by Virginia Code § 46.2-694, the Four-for-Life program collects an additional four dollars and twenty-five cents from each state vehicle registration purchased annually. A portion of these funds is used to support the Financial Assistance for Emergency Medical Services Grant Program, known as the Rescue Squad Assistance Fund. The Virginia Department of Health, Office of Emergency Medical Services has awarded the City's Department of Emergency Medical Services (EMS) an EMS System Initiative Award for a training grant of $12,852. The grant funding allocation is based on a fee schedule according to the level and type of EMS training classes the recipient teaches during a given grant period. No local match is required. • Considerations: The grant funds derived from the state Four-for-Life program are strictly governed by state law and may be used to purchase additional or enhanced EMS equipment or to fund training needs. The funds may not be used to off-set or supplant current services. The funds from this grant will be applied to a future Advanced EMT program for members of the volunteer rescue squads. • Public Information: Information will be disseminated through the regular Council agenda notification process. • Recommendations: Approve the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Dent! ! :ncy: Department of Emergency Medical Services City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 TRAINING GRANT FUNDS TO THE FY 2016-17 OPERATING 3 BUDGET OF THE DEPARTMENT OF EMERGENCY 4 MEDICAL SERVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $12,852 is hereby accepted from the Virginia Department of Health, Office of 10 Emergency Medical Services and appropriated, with estimated state revenues increased 11 accordingly,to the FY 2016-17 Operating Budget of the Department of Emergency Medical 12 Services to fund a portion of the a future Advanced EMT class for members of the 13 volunteer rescue squads. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 2 CLA `t2 David Bradley Dana "arm- er Budget and Management S•rvices City Attorneys Office CA14053 R-1 May 3, 2017 [ „....... CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $91,907 from the Estate of Irene Brandon Roper for the Purchase of Infrared Night Vision Masks for the Fire Department MEETING DATE: May 16, 2017 • Background: The Virginia Beach Fire Department received $91,907 in a bequest from the Estate of Irene Brandon Roper conditioned upon acknowledgement of such bequest and agreeing to conditions to the bequest, which are discussed below. • Considerations: These funds must be formally accepted by Council to comply with the Council's January 2010 ordinance regarding acceptance of gifts. The bequest includes an agreement whereby the City would: (i) acknowledge receipt of the bequest; (ii) commit to the use of the bequest for purchase of infrared night vision masks, with each mask engraved with the following sentiment, "In Memory of William T. Roper, Firefighter"; (iii) acknowledge the bequest does not include administrative costs expended by the executors related to the administration of the estate; and (iv) acknowledge the possibility of a claim against the estate that would require repayment. • Public Information: Public Information will be handled through the normal Council agenda process. • Recommendations: Approve the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting De, •g@ncy: Fire Department �y/j City Manager: �{I 9lr- 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $91,907 FROM THE ESTATE OF IRENE BRANDON 3 ROPER FOR THE PURCHASE OF INFRARED NIGHT 4 VISION MASKS FOR THE FIRE DEPARTMENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1. A bequest in the amount of $91,907 is hereby accepted from the Estate of 10 Irene Brandon Roper, and the City Manager, or his designee, is authorized to 11 execute an agreement acknowledging receipt and the terms of the bequest. 12 13 2. $91,907 is hereby appropriated, with donation revenue increased accordingly, 14 to the Fire Department for the purchase of infrared, night vision masks. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2017. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 11' Gn , r1) David Bradley / Dana armeyer Budget and Management Services City Attorney's Office CA14050 R-2 May 4, 2017 Fer. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to Support Rescue Squad Operations and Training and to Authorize Remittance of Special Events Revenues to Volunteer Rescue Squads MEETING DATE: May 16, 2017 ■ Background: The Virginia Beach Department of Emergency Medical Services (VBEMS) receives miscellaneous revenue throughout the year from training services and special event standby services. This includes funds provided by the Virginia Department of Health, Office of Emergency Medical Services under the Virginia Four- for-Life program and monies generated at the department level. State revenues are remitted to local agencies for offering specific advanced life support classes. Departmental training services revenues include, but are not limited to, registration fees and text book purchases. Estimated revenues are projected in the VBEMS Operating Budget; however surplus revenues have been collected. City Council action is required to accept and appropriate any revenues exceeding budgeted amounts. As of April 28, 2017, VBEMS received $2,015 in surplus revenue for departmental training services. A total of roughly $16,040 has also been received from the Virginia Four-for-Life EMS program. Additionally, VBEMS received $41,655 from special event organizers for rescue squad stand-by services. Of the total payments received from special event organizers, $30,000 was originally budgeted in the FY 2016-17 Operating Budget and has already been disbursed to the respective rescue squads. The surplus of $11,655 will be distributed to the appropriate squads from this appropriation process. • Considerations: Locally generated funds must be appropriated and expended within the same fiscal year. The Four-for-Life grant funds may be expended over multiple fiscal years, but program guidelines require the monies be accepted, appropriated and expended in a timely manner. VBEMS recommends using the additional combined revenues, totaling roughly $18,055, to purchase additional equipment and supplies to enhance the new EMS Headquarters and Training Center. Examples of items to be purchased include instructional materials, training equipment, furnishings, and computers. The additional $11,655 special event funds will be disbursed to the appropriate rescue squads in recognition of services previously rendered. • Public Information: Public information will be provided through the normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Departme Agency: Department of Emergency Medical Services City Manager: C 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO SUPPORT RESCUE SQUAD OPERATIONS AND 3 TRAINING AND TO AUTHORIZE REMITTANCE OF SPECIAL 4 EVENTS REVENUES TO VOLUNTEER RESCUE SQUADS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1. $18,055 from the following sources is hereby accepted: 10 a) $16,040 from the Virginia Department of Health, Office of Emergency 11 Medical Services, Four-for-Life Training Program; and 12 b) $2,015 generated from training classes conducted by Department of 13 Emergency Medical Services. 14 15 2. $18,055 is hereby appropriated from the sources above to the FY 2016-17 16 Operating Budget of the Department of Emergency Medical Services, with 17 estimated revenues increased accordingly, to purchase additional instructional 18 materials, training equipment and furnishings to enhance the new EMS 19 Headquarters and Training Center. 20 21 3. $11,655 received by the Special Events Office from event organizers for stand-by 22 duty performed by Volunteer Rescue Squads is hereby appropriated,with revenues 23 increased accordingly, for the purpose of remittance of such funds to the Volunteer 24 Rescue Squads performing such stand-by duty. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley -Dana H rr eyer Budget and Management Services City Attorney's Office CA14051 R-1 May 2, 2017 J. PLANNING 1. MARY ANNE DECKER and KARIE STAKEM for an Enlargement of a Nonconforming Use (Duplex)at 409 27th Street. DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 2. RALPH J. and DEBBIE M. NAHRA for a Modification of Conditions re vehicle sales, rentals and auto repair at 1017 Aragona Boulevard(Approved September 20, 2016) DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 3. ROBERT SEIM, LLC for a Conditional Change of Zoning from B-2 Community Business and R-5D Residential to Conditional B-2 Community Business at 216 North Budding Avenue and 4217 Virginia Beach Boulevard DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 4. R& R TATTOO,LLC and 1479 GENERAL BOOTH, LLC for a Conditional Use Permit re a tattoo parlor at 1479 General Booth Boulevard DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. REED ENTERPRISES, INC. for a Conditional Use Permit re an auto repair at 3249 Dam Neck Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 6. USF S&H VIRGINIA, LLC and DAM NECK CROSSING, LLC for a Conditional Use Permit re an indoor recreation at 1650 General Booth Boulevard DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 7. VALVOLINE INSTANT OIL CHANGE and TMK FAMILY TRUST, FREDERICK T. STANT, III,TRUSTEE for a Conditional Use Permit re an auto repair at 2888 and 2890 Virginia Beach Boulevard DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 8. SMARTMOUTH BREWING CO., LLC and RUNNYMEDE CORP for a Conditional Use Permit re an open air market at 313 32' Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL Too 4; oi NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, Virginia Beach, Virginia on Tuesday, May 16. 2017 at 600 Rm.,at which time the following applications will be heard: DISTRICT 4-RAYSIDE Ralph 1. & Debbie M. Nahra Modification of rondltion4 (Motor Vehicle Sales&Rental:Automobile Repair Establl5hm¢nt) 1017 Waggon Boulevard (GRIN 1478049650) DISTRICT 6-BEACH R & R Tattoo. LLC/1479 General Booth, LLC GOOLLInna: Use Perm (Tattoo Parlor)1479 General Booth Boulevard(GRIN 2415565895) DISTRICT5-LTNNHAVEN Robert Seim, LLC Conditional Re:onti (82 Community Business &R-SD Residential to Conditional B- 2 Community Business) 216 N. Budding Avenue & 4217 Virginia Beach Boulevard (GPINs 1477953193.1477953092) DISTRICT 7-PRINCESS NINE Reed Enterprl5es, Inc. Conditional Use Permrt (Automobile Repair Garage) 3249 Dam Neck Road (GRIN 1495146175) DISTRICT 7-PRINCESS NINE LJSF S&H Virginia, LLC/Dam Neck Crossing, LLC Conditional Vav Permit (Indoor Recreation Facility) 1650 General Booth Boulevard (GRIN 2415541078) DISTRICT 6-BEACH Valvoline Instant Oil Change/7MK Family Trust,Frederick T.Stant Ill, Trustee Conditional Dm Permit (Automobile Repair Garage)2888& 2890 Virginia Beach Blvd. (GPINs 1497365137.1497364119) DISTRICT 6-BEACH Mary Anne Decker/ Mary Anne Decker&Nene Stakem Enlarpemenr of a Nonconforming Ude 40927+Street (GRIN 2418908650) DSTRICT 6-BENCH Smartmouth Brewing Co., LLC/ Runnymede Corp. condNon& Use Permit(Open Air Market)313 32d Street(GRIN 2418928642) All interested parties are invited attend. Ruth Hodges Fra C Clerk Copies of the proposed ordinances. resolutions and amendments are on file d may be examined in the Department of Planning or online at B ILO/ff vt)LM 441Npc. For information call 385-4621. It you are physkaly disabled or vbualy Impaired and need assistance at this meeting please call the am CLERKS OFFICE et3854303 BEACON:APRIL 30,'X117&MAY 7, 2017-1 TIME EACH. .. ....--- ____ . i....... , , _ . ,---- , • • I,\.\'' \• ' ‘ 'A- -- 7_---- • - 1 _.-----) -} -1 r , • k .--'-' ---. • 1.___-", 04 ,_---- _-- _. • ‘ \ CNI: •-‘,. . , ___•-,s-"T"'" 1 - s s • 01 t' -• ....----- ebD \ 1 1, , , • . 'It\ TI, re CO' , ,..,I __ _,r --- \ ,__:,..--j .3--- • .:---14(. ' ...., __ . . _--- . ---- '' 4 _, „_._.---1 • -,-. .. „.• , p.c. \ ,.. , ... ....t-•-• Oak Nitt lit '0- ...... .'"' lk ,-.\ -i010111111k .. 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'( _____11------- - --- < Lo r----1, ---1.-,--) ei , Cr 6 Nt. ,:, :.\\_‘.. k-'-' _ ......-- IX---- A0.,......_ _ -..,-c-1--- iiiiimaa. 0 rift. ''-•Pal 0 il in I K.\ it I IX 7: 1 _....... \ S -+nridm.g.-dP...P•""'P"IP"n."'"—”nd.'m""'P—"-.-ce ! '. is CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MARY ANNE DECKER [Applicant] MARY ANNE DECKER & KARIE STAKEM [Property Owners] Enlargement of a Nonconforming Use (Duplex on a lot zoned R-5S Residential District) 409 27th Street (GPIN 2418908650). COUNCIL DISTRICT — BEACH MEETING DATE: May 16, 2017 • Background: The property contains a duplex that City records indicate was built in 1951. As the property is zoned R-5S Residential District, where only single-family dwellings are permitted as a principal use, the duplex is deemed nonconforming. In order to expand the existing duplex's footprint, the applicant requests approval for an Enlargement to the Nonconforming Use. The property owners are the applicant and her daughter, each who live in one of the duplex units. The proposal is to expand the living space within each unit to include a bathroom on the first floor of each unit, a shared porch and a one-car garage with access off of the alley. The property owners are currently in the process of replacing the windows, and repairing and painting of the cedar shakes. • Considerations: This block is a mixture of R-5S and Apartment District zoning, within the Old Beach Overlay, and contains single-family dwellings, garage apartments and multi-family structures. Properties that are zoned Apartment District in the Old Beach Overlay have the ability to develop two single-family dwellings on a single lot as a matter of right. The Old Beach Overlay also allows for a 500 to 800 square-foot garage apartment in addition to a single-family dwelling on properties zoned R-5S Residential District. The expansion of the footprint of the existing duplex does not increase the density of the lot over and above what can be done as a matter of right. The proposed additional living space, as well as the one-car garage, is small in scale and limited to one story in height. The creation of four parking spaces will help alleviate the parking challenges expressed by several of the adjacent property owners. The proposed elevations are in keeping with the scale, proportion and design of the existing duplex. There were two speakers in opposition at the Planning Commission public hearing. The opposition voiced concerns related to traffic, parking, conversion of new space into rental units, and equity of Staff's evaluations of nonconforming uses along 27th Street. Mary Anne Decker Page 2 of 2 ■ Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0, subject to the conditions below. 1. With the exception of any modifications required by any of these conditions, the site shall be developed and maintained substantially in conformance with the submitted site layout entitled "SITE PLAN, DECKER RESIDENCE" dated Jan 31, 2017, and prepared by Richard Bartlett of Professional Construction Consultants, LLC. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The design, size and materials of the building shall be substantially in adherence, with the submitted elevation exhibit on page six. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Ordinance Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departm, r •ency: Planning Department (3414 City Manager: 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 409 27TH STREET 4 5 WHEREAS, Mary Anne Decker and Katie Stakem, (hereinafter the "Applicants") 6 have made application to the City Council for authorization to enlarge a nonconforming 7 use located at 409 27'h Street in the R-5S Residential Zoning District by enlargement of 8 a duplex located on the parcel: and 9 10 WHEREAS, this parcel currently contains a duplex, which is not allowed in the R- 11 5S Residential Zoning District; and 12 13 WHEREAS, the duplex was built prior to the adoption of the applicable zoning 14 regulation and is therefore nonconforming; and 15 16 WHEREAS, the Planning Commission of the City of Virginia Beach 17 recommended approval of this application on April 12, 2017; and 18 19 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 20 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 21 City Council authorizing such action upon a finding that the proposed use, as enlarged, 22 will be equally appropriate or more appropriate to the zoning district than is the existing 23 use. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That the City Council hereby finds that the proposed use of the parcel, as 29 enlarged, will be equally appropriate to the district as is the existing nonconforming use 30 under the conditions of approval set forth herein below. 31 32 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 33 BEACH, VIRGINIA: 34 35 That the enlargement of the nonconforming use is hereby authorized, upon the 36 following conditions: 37 38 1. With the exception of any modifications required by any of these 39 conditions, the site shall be developed and maintained substantially in 40 conformance with the submitted site layout entitled "SITE PLAN, 41 DECKER RESIDENCE" dated January 31, 2017, and prepared by 42 Richard Bartlett of Professional Construction Consultants, LLC. Said 43 plan has been exhibited to the Virginia Beach City Council and is on 44 file with the Planning Department. 45 46 2. The design, size and materials of the building shall be substantially in 47 adherence, with the submitted elevation exhibit on page six. Said 48 elevations have been exhibited to the Virginia Beach City Council and 49 are on file with the Planning Department. 50 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: lit LA Barry Fran en ield B. Kay WilsoAr Planning partment City Attorna$Sffice CA13975 R-2 March 30, 2017 2 Applicant Mary Anne Decker Agenda Item Property Owners Mary Anne Decker & Karie Stakem Public Hearing April 12, 2017 7 (Wyo.( City Council Election District Beach Virginia Beach Request "w°° sstss"ee` / Enlargement of a Nonconforming Use „•,bs„..”i- i' Ord 5".et 3i Staff Recommendation j2Nds""` ti Approval k O'" usWn"'d 30,Wt.' 1 70.75 dB DNL 29Th g".ea" Staff Planner t, 0. \ AP 2 to,sef..t 6S•70 dB DNL Jonathan Sanders "� ° D„ow""" /Vit, „tea t2rt,s""a ll .1 261h5".ea Location cnlnAvtPl"U". ,0.0, ; < < toss"' 409 27th Street ; i y4vhsar"` s GPIN Bluebird D(rv. t° ` APZ2 _ m9 E v "tea 2.305"eea 2418908650 _ Ae.._..''"ds,,. „Rdsv.°`, Site Size 7,000 square feet AICUZ 65-70 dB DNL; Sub-Area 1 Watershed Chesapeake Bay Existing Land Use and Zoning District ,. . ' _ • _,..,-,.'0,..x - ; ##" "- Duplex dwelling/ R-5S Residential ,,, x f 11 Surrounding Land Uses and Zoning Districts 't. :. `�` z`: � North �—' . 27th%2 Street CA. ,i ,• � `�4,044 ` ; ,; Grocery store/OR Oceanfront Resort _.i f+(; ;, � t . �` \`, 4 V=' South I. , 10, kif "P' .1 27th Street { > 44:-" ;. r t i - --"' Single-family dwelling/ R-5S Residential ; V.. * , * ►� East • - '� .� i.3,:,, e Single-family dwelling/ R-55 Residential it, .0,1,•-a J"� ''• ? q`-'•' . .f; '. West 1 -1....•>r .1 -11 Vacant open space, grocery store parking lot/ P-1 Preservation, OR Oceanfront Resort Mary Anne Decker Agenda Item 7 Page 1 Background and Summary of Proposal • City records indicate that the structure was built in 1951, prior to the adoption of the Zoning Ordinance.The subject duplex is located in the R-5S Residential District and is a nonconforming use, as a duplex is not a permitted use. Therefore, in order to expand the existing duplex's footprint, the applicant requests approval for an Enlargement to the Nonconforming Use. • The applicant, who is one of the property owners, lives in one unit of the existing duplex and her daughter(the other property owner) lives in the other unit. The applicant would like to expand the living space within each unit to include additional square footage for a bathroom on the first floor of each unit, a shared porch and a one-car garage. The proposed garage allows for parking out of the alley. • The homeowner is currently in the process of updating and improving the exterior of the duplex to include the replacement of all of the windows and repair and painting of the cedar shakes. The proposed addition features lap siding. Matching cedar shakes are planned for the side of the garage facing Baltic Avenue. Roof shingles will match the existing roofing. • All four required parking spaces will be in the rear yard, and accessed from the alley. 261.h street_ f 1 . 5O oR 111 OR Zoning History R-5D ; A_I # Request c R-5s A-ss 3 1 CRZ(R-8 to B-4)Approved 01/28/1985 2 REZ(R-5S to RT-3)Approved 06/27/1995 A�,` asao°P N 27Th Street REZ(R-5S to P-1)Approved 06/27/1995 R-5D ��. t 3 CRZ(R-7.5 to A-1)Approved 09/13/1982 /� et r�-- 4 NON (Garage Apartment Conversion)Approved Halo St(e 12/17/1996 3 2 4 6Th =12 A-?F y 5 CUP(Housing for the Elderly)Approved 04/23/1996 R-5D - 61. h Street. co 2 R-5D� 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 This site is located within the Resort Area Strategic Growth Area. The Resort Area Strategic Action Plan, adopted in 2008, is the master plan prepared for Strategic Growth Area 8 and identifies the potential for three distinct yet complementary districts: Laskin Gateway, Central Beach and Rudee Marina. The Plan provides a vision for enhancing the energy at the beach into these three areas by developing synergies between the cultural and commercial life, the recreational and the natural life, and an overall focus of drawing residents and visitors into the area. The site is also located within the Old Beach Overlay District. The goal of the Old Beach District is to preserve and enhance the historic status of the Old Beach Neighborhood as one of the first residential areas within the Oceanfront Mary Anne Decker Agenda Item 7 Page 2 Resort Area by providing opportunities for both new and redeveloped resort residential development. The District encourages single-family cottage-style homes and compatible multi-family residential dwellings. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There do not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 27th Street No Data Available No Data Available Existing Land Use 1-20 ADT 27th y2 Street No Data Available No Data Available Proposed Land Use 2 20 ADT las defined by a duplex dwelling 2 as defined by a duplex dwelling Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation Many homes surrounding the site have garage apartments or ancillary dwellings. Across the street, at 406 27th Street, the R-5S lot has four units. The Old Beach Overlay, which was established in 2005, allows for a 500 to 800 square-foot garage apartment dwelling in addition to a single-family dwelling on a R-5S lot.The term "garage apartment" is defined as a structure above a private garage in which provision is made for one dwelling unit, requiring an interior stairway to the second floor, provided that the living area does not exceed 800 square feet of floor area and the height does not exceed 28 feet. In all of the other zoning districts in Old Beach,there is an incentive to construct two dwellings on one lot—a principal and an ancillary dwelling. The proposed additional living space is small in scale and limited to one story in height. The attached garage is only for one vehicle and faces the alley. The proposed elevations are in keeping with the scale, proportion and design of the existing duplex. Therefore, in Staff's opinion, the expansion of the space for the existing duplex is a reasonable request. The applicant is aware that if vehicular access is desired from 27th y2 Street, then either the alley must be improved to City standards from the existing pavement termination to this parcel or a concrete driveway must be installed from the existing pavement termination to the driveway on this parcel. This will be reviewed in more detail during final site plan review. Based on the considerations above, Staff finds the application to be acceptable and recommends approval of the request subject to the conditions below. Mary Anne Decker Agenda Item 7 Page 3 Recommended Conditions 1. With the exception of any modifications required by any of these conditions, the site shall be developed and maintained substantially in conformance with the submitted site layout entitled "SITE PLAN, DECKER RESIDENCE" dated Jan 31, 2017, and prepared by Richard Bartlett of Professional Construction Consultants, LLC. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The design, size and materials of the building shall be substantially in adherence, with the submitted elevation exhibit on page six. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 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. Mary Anne Decker Agenda Item 7 Page 4 Existing Site Layout 6 5 h" DEVELOPED LOT "i 1, N 76.03'25" E 50.00' ZONED O-R 1 0 b. - 10 �. , 4,'''' 1,1''6. 66b h'; 5t1 651 1' 1 16 6h1 20' B.S.L. 9 04365 61 1;L L Of' b ° 1 6°' I -11)"I61b5� NN 6tP 1'1 VACANT LOT 6 c ZONED 0-R v 7 61S 69' cn N 1'1' F z 16 0 Z 5' — WO W A 1� A N O co - 6' +{1 o, ¢N 1 N VI 1` N 60 . m - Z f p r' N X W b 61'1 66 by 1:`.6 1. bbl PORCH A 36.2' O g EXISTING v3 t o 616 2 STORY FRAME m #409 VACANT LOT ZONED P-1 UNIT A UNIT B rq 36.3• " _, � Zr A II PORCH PORCH 20' B.S.LL-.7 —�_ — North _ii S 76.03'25' W 50.00• \ 27th STREET 235' TO _ Et0' R/W ARTIC AVENUE `EXISTING CONDITIONS Mary Anne Decker Agenda Item 7 Page 5 Proposed Elevations TT IT 1 xi 1 I e I I 1/ 1e a $ g i 3 e 1 i 1 I e ei � � l 1 31 fi i 1# 11 1 �E_�■_ 0721 !go=ii.eag-zerez-=Eara=r4s= �a a !- -...pg ralmma-mmamEmamaman - __ M- Mme,'mom■ _c __y-ice i=c_i_ _ ■--ci■---■-,---■c 1 I )flE=i =1 =isE=i 7:0%-41=i!41a1 1W=- lag t ! .!.. -__.,_ : .:_.. , tril IN 1 gM aiI-il.—li1,1_:.i•_ 11 ii1I11. =iC!!aEg1F.fi.--,!L_. -1(j' wg,.=mP1_e=M-im°Mi1=i..=-_Na....mM :=-ads= III _.i;:-1:,;:: ,{{ -i!2 i--iMi ■: - _ - I \ .,,-_--- Ir 1 _--gip 5gcr ; !_ = = = 'i) 1 -_ x mi ■ 1 igicGEGSdEG= _ 1 i i- _ IIII � l _ _ _ _ _ IIIIIIIIIIIl g a _ __ _ ; -• _ „ _ @_- k h 11 t I .ill --------- • IN -flto•-•,-.Tu ... --.1"miiii E- Gcffm ai- �_ ei -___ -_ -__ _ _ 111 0.M _ ie =ME -GEl i-G ■_� ■ ==N-= =_Gi '!.-= IH! IIt II illiiMiJ=s =---i=_=_G- -__ '_G-_1iwc�.=i e _(Cis=-Gem =,.G_o_�G- e ; ; 18 DI _=_E� == i � ,1 '-�G ■ ■ #d e i I725M62E0 'EN 30-WM ;;WIEM=VE G� GGc G=-E■-ci 4 M! - icc-_--�— _r=—=—G-= — . .. E==__;=a ��������-=gipIE -,���� I E- =� A 52 In la 1 ■Gi-C G-�i�- ii it • 11 11 • • • Mary Anne Decker Agenda Item 7 Page 6 Proposed Site Plan \ i 20' LANE 1 60' •P° ,,,,, , I 5„,3 30', ____ 'k 1 . :1-• -- '. -1 zis .iii, 3/0 S' Net..SUAOCI I k200 .'''. L _ - J GRAVEL DRIVEWAY .' E. s.,........._ ' . . P II 11' I 1:31:b „ I . I I ii I N , c‘i.4 7' ;73 ,,''' - ••• 6 • in .0 w,D NIE 0 03 > TURF '-' „GARAGE Z La.J ._. b'''. § PARKING 'KU!, VW ©GOOGLE 2C:' 411 CO CI) 0, n co g SPACE (TYP) z LAI N Z ....'0 tn , z 0 — L...1Li.4D•••- 0.) .2 IR '2. En EXPANDED * 7 LMNG 1.1 *: [i1 AREA - vi. 14c OW/ER/N.PLJCANT INFORMATION 1 i.S.,:•t AND REMOvE .,. ,..- WRY Netc.0135XER 401 27TH STREIT 3.4;4:1,....4 4.: VINVITA BEA>.VA 23451 .51° 61". •40.I •54 I 1",,,R.' '171:(757)705-0675 (MAL 1INGEOCEARCOX5ET .. • 362• _. .. .... P TURF _i .• • TURF 8 EXISTING v; :"•'8. ss, 64' 2 STORY FRAME #409 - .. 1 - .4,0_7 H Q. ,.•/ ,,iiia•Jmowo qi. 7,Z., - 7,_•' UNIT A UNIT 9 '...-,... Lk.NO.in n •:•4 'F's,. 6010'31.20I'7 ,f,''' .;J ...-.. ,...: 36.3' North N 20B.S.L.I-77 II 1 PORCH PORC124, i * — NOTES: _ ..., ±- 1. 444731102 HEIGHT Of EXISTING STRUCTURE .,- 26-6'. TURF !:I 2. APPROXIW3E HEIGHT OF PROPOSED STRUCTURE A 16'(r. TURF :,... 3. FLOOR AREA OF EXISTING SRTUCTURE. ROT COUNTING PORCHES 6 S. AREA OF PORCHES IS APPROX.255 SF. 4 FLOOR AREA oF FRoPostO GARAGE PS 436 sc.CCHTRED DEC%tS 219 •' SF.AND LIVING AREA 5 454 SF. ...._ - S 7603'24- :. • • ');--- - ----- — 5 OFF-STREET PARKING REQUIRED IS 4 SPACES;PROPOSED GRAVEL (NNE PAGE 27th STREET WILL ACCOMMODATE 4 PARKING SPNCES. 60' R/W 6. EXISTING ELEVATIONS(NAYS)'NI DATUM)940064 THUS: •,,l‘ 1 PROPOSED IMPROVEMENTS Mary Anne Decker Agenda Item 7 Page 7 Site Photos '4 kfr..... 1 f ',.•••••••...e' • -- .-• - - . ..., ••• . i . 4* - •-•- . „,' 4 . ...` I —1 1 ,•. . 7„. .„....._ , I' 'IT),-”: .1, __ 17rry Rirdie iii' ._ - _ _ .11.1.4... . „......... . - ..„ IftC' Ak" • ..st,. -- IC° -........- -411016. +so; -,..-• .... .... - -- ..., ......, ..,,., --... .: ,.... • • ,r''' AMIP • .. _ ,01 .-:4111111111 ' . I Wrigilli. • ;AI;,_ 1 4 ,.. I r• '. '4c" g% 1 .- • ' ....1r... -• •+.1.‘ 1 4 - - , . - .'-•10,Nr,O,4f.:;,,ii*:•.0, ''' (- '-' ,, , -L. .' , . , I lc •e- . ....Mk CL.' At x.b. ..," ,4cmilitt.,, • ', %. , , ,,,,,,, "':--• 11.1,..„'V• , 4.-„,„ -fl4 ' 7..' , ^ .,.. ,,,--'• •. "....04.0..3.,*Or": • .. .. ,:''"I.4_ ,Ne_aga.,:__ .....,,,. ',••••••,,,t.''.....''''. ,, • "ft-;,, 1 ''',..,. -wry .,.. -N-- t ..., f: •-**:: ' ' •%•,: -?.._-V ',1,4;,,°, : 1.*, '' ' •! , tr • — 4.‘• ,, AX' .•- 7-- ', : : 4, A-1 ... -e•'•'‘•,".7,‘`1• • -4trie 211• , , .. . .-AL.,.••.,,v• • • AVP 4 "" -::'.--)''-' - "4.'- .-e, ___.., • . go- , , . , ,•)A "P. ,Yr,I tip ,,..,f, " - ..• .1 4.1.---..--- -•.., -.0 s,;_•'::* - • ,;i`;.',-''Ir- 1 . 10,4, _ __ , .." ;•-• _ ."A Mary Anne Decker Agenda Item 7 Page 8 Disclosure Statement VB l'a-aim.,beach APPLICANT'S NAME Mary Anne Decker DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program Nonconforming Use Exception for __ (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Franchise Agreement Street Closure (Historic Review Board) Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License AgreementI Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Page I of Ry 4 J rj/3/I-7 JS Jonathan Sanders L n 1 c Mary Anne Decker Agenda Item 7 Page 9 Disclosure Statement Virginia Beach V Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Mary Anne Decker 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 P relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotesI and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: - -__ - - _ _ ____ _ Page 2 of 7 Mary Anne Decker Agenda Item 7 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 'Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i)one business entity has a controlling ownership interest In the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code 5 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Mary Anne Decker Agenda Item 7 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO J SERVICE PROVIDER/use alumni sheets if needed) nnAccounting and/or preparer of your tax return n n Architect/Landscape Architect/ Mike Anderson,ArchBuild Inc. I 1 �/ Land Planner Contract Purchaser(if other X and puthe rlidentifycant)- chaser's serservice providers Any other pending or proposed • Mpurchaser of the subject property (identify purchaser(s)and purchaser's service providers) - IX Construction Contractors • in Engineers/Surveyors/Agents Rick Bartlett,P.E.,PCC-LLC Financing(include current TowneBank Management n7 n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nNI Legal Services Real Estate Brokers/ O in 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 NI 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 Mary Anne Decker Agenda Item 7 Page 12 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. X /, , ,��. -_ Mary Anne Decker /,2377 • APPLICANT' I ICNATURE PRINT NAME DATE Page 5 of 7 Mary Anne Decker Agenda Item 7 Page 13 Disclosure Statement OWNER VraraBeach YES NOJ L _ SERVICE I PROVIDER(use additional sheets if Accounting and/or preparer of your tax return Zri Architect/Landscape Architect/ Mike Anderson,ArchBuild Inc. Land Planner Contract Purchaser(if other than iX 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 nEngineers/Surveyors/Agents 'Rick Bardet,P.E.,PCC-LLC Financing (include current TowneBank Management 1/�. X ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) QLegal Services Real Estate Brokers/ [ 1 in Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ v an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Mary Anne Decker Agenda Item 7 Page 14 Disclosure Statement Virginia Beach [CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. 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 I meeting, or meeting of any public body or committee in connection with this A..lication. / QLG "470e PRA' Rtt OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Mary Anne Decker Agenda Item 7 Page 15 Item#7 Mary Anne Decker Enlargement of a Non-Conforming Use 409 27th Street District 6 Beach April 12, 2017 REGULAR Bob Thornton: Call our next item Madame Secretary. Jan Rucinski: Okay. Our next item is item 7, Mary Ann Decker.An application for an expansion of Non- conforming Use on property located at 409 27th Street, District 6, Beach. Do we have a representative here? If you could, please come forward, and state your name for the record. Mary Anne Decker: Yes, I'm, Mary Ann Decker and I along with my daughter Kane Stakem live at the 409 27th Street. I live in Unit B and she lives in Unit A. We bought it so that we could live close but separate, with the hope of modernizing somewhat and making some improvements so we are requesting a one story addition on the property that would give us part of our living space, half bathrooms on the first floor, and a one car garage. Our plan is that I will be there for the rest of my life and with the hope that if I need, at some point to have a first floor bedroom,and I can't climb the stairs that the office space may be turned in to a bedroom. Bob Thornton: Thank you. Mary Anne Decker: That is pretty much it. Bob Thornton: Does anybody have any questions for Ms. Decker? Standby,we probably will before the afternoon is up. Jan Rucinski: Okay,we have one speaker in opposition and that is James Gruszeczka. State your name for the record. James Gruszeczka: Good afternoon. James Cruszeceka. I had an attorney who was supposed to represent me but he had a scheduling problem. So I am going to have to wing it. First I would like to say I'm representing 406 and 407 27th Street. Also, I would like to say that since Ms. Decker purchased the property she's done nothing but good things for the neighborhood. It is nice to have someone to occupy the residence and she's done good improvements to it,gardening and the exterior stuff. My complaints are, I submitted an application several years ago but I went through Zoning to try and get my non-conforming use to have a bathroom and a closet for my residence. They told me I would have to give up a rental unit. For that reason, I don't understand why she should be approved, and I shouldn't be approved. So, and next door is a single-family residence which is 407. I live at 406. My mother lives at 407. That is a single-family residence. Again, at the Oceanfront is a mosh. There are multiple non- conformities especially within the 400 block of 27th street. So, I got off track her for a second. Sorry. And my concern is it does change and if they do get this addition, it could turn into more rental units, which does happen down at the Oceanfront, unfortunately, because it is unique are down there. I have property throughout Virginia Beach and Tidewater, and the Oceanfront is unique,very unique. And if Item#7 Mary Anne Decker Page 2 she does get approved, I would like one stipulation and that's the alley on 27th'AA Street. It needs to be finished because right now it is just grass growing between 407 and 409, matching and connecting with existing road. It has cost me 100 foot by 20 foot paving. If this does get approved, I will be applying for a non-conforming use also. That is it for me. Bob Thornton: Thanks. Are there any questions? Dee Oliver: Can you show us where your home is?There is a point right up there in relationship to where. Are you next door? James Gruszeczka: One is right there to the right to the east. That is my mother's house. I am right here. Mine is right there. Hers is right there. Dee Oliver: The one next to the applicant.That is a single-family home? James Gruszeczka: That is correct. Dee Oliver: And your house is single-family home also? James Gruszeczka: No, it is not. It is non-conforming. Dee Oliver: How many units do you have in yours? James Gruszeczka: Four units. Dee Oliver: But,you have four units? James Gruszeczka: That's correct Dee Oliver: Do you rent out all four units? James Gruszeczka:That is correct. Dee Oliver: Do you reside there? James Gruszeczka: Yes, I do. I have resided there for years. Dee Oliver: Great.Thank you. Bob Thornton: Are there any other questions? Okay. Thank you. James Gruszeczka: Thank you much. Jan Rucinski: We have no more speakers. Item#7 Mary Anne Decker Page 3 Judy Calp: I didn't sign up to speak, but I did send in a letter. I'm opposed. Jan Rucinski: Ed,can you give her a card? Bob Thronton: Just state your name for the record. Judy Calp: I'm Judy Calp. And I live there. This is my family home across the street at 410 27ih Street. It has been a family home since 1953,and I don't see the plans for what she's changing but she might not have intentions on changing that but eventually it would be changed to rental. Her plans have a huge deck with a sliding glass door and inside it has a bathroom over here, it has another bathroom for her site on the other side,and that could be very easy with a sliding glass door closed in this area and you have another rental place and you could possibly do with something with this garage and nobody would know it because this is going to be all enclosed. And,you wouldn't know what they were doing. If that happened,anywhere along the line,there would not be enough parking for that many vehicles,with a street that already has parking problems, and a lot with the people that work down there and coming back and parking for summer, I am opposed to it,and I just wanted my voice to be heard. Bob Thornton:Thank you. Are there any questions? Thank you. Jan Rucinski: We have no more speakers. Bob Thornton: So that applicant you may come and give some rebuttal if you like and we'll close the hearing. Mary Anne Decker: Of course I can't say what will happen. Ed Weeden: Ma'am, state your name again for the record. Mary Anne Decker: Oh, I'm sorry, I am Mary Anne Decker. I can't say what will happen after I die. I don't live there. Our intent is to live there. It is not to have any kind of rental units there. I would assume it is visible from Baltic. The property you can see from Baltic Avenue, I can't imagine that you can build something there that nobody would know as rental units. That is not our intent. Our intent is to live there. Bob Thornton: Thank you. Ronald Ripley: May I ask a quick question? Bob Thornton: Ron? Ronald Ripley: The front of your house faces the neighbors. Are you changing the front of the house? Mary Anne Decker: We are replacing windows. Ronald Ripley: It's all the same. Item 117 Mary Anne Decker Page 4 Mary Anne Decker: It is wooden cedar shake. Ronald Ripley: Okay,thank you. Bob Thornton: Dee? Dee Oliver: What is the square footage of the expanded living space that you are adding on? Do you know? Mary Anne Decker: I would have to calculate it. I think it is 434 square feet of maybe 12'x 12'. Dee Oliver: 454 square feet. I think the previous speaker said she has seen plans. The one we have doesn't exactly depict exactly what is going in, where the bathroom is or anything. Do you have? We don't have it on ours. Bob Thornton: It is on page 7. Dee Oliver: Not that detail. So,you're adding two bathrooms? Mar Anne Decker: The unit on the left,which is my daughter's side,will be adding a half bath there,and then on my side, we were putting in a full bath, and then the office. Dee Oliver: Okay. Mary Anne Decker: The garage,that was all for me,for my car, so I can access from my side but we both share access to the deck. Dee Oliver: And you have with the garage,you are also putting in four parking spaces? Mary Anne Decker: Yes. I believe that is required by the City. Dee Oliver: Okay. Mary Anne Decker: We right now have no parking. There are no curb cuts in the front. Dee Oliver: Thank you. Bob Thornton: Jan? Jan Rucinski: So, from your side how would you get to the covered deck? Mary Anne Decker: It will be either a sliding glass door or French doors. Jan Rucinski: So her side is only getting the half bath addition and you're getting a full bathroom. Item 47 Mary Anne Decker Page 5 Mary Anne Decker: This is my daughter Karie. This is her side over here. And this is my side. So right here are sliding glass doors. It will be sliding or French doors going right there. Jan Rucinski:And then she'll have doors in the hallway and bathroom, so she is just getting a bathroom, and you're getting a bathroom and a room? Mary Anne Decker: Right. Bob Thornton: Are there any other questions? Mike? Mike Inman: I just want to have an observation based on this plat that we have. Not that one, but the one that is in our materials says that the existing structure, not counting porches is a 1,094 square feet, which is 255, and that is two units in a 1,000 square feet. Mary Anne Decker: I think that square footage is for the first floor. Mike Inman: First floor? Okay. Mary Anne Decker: I think so because I think we each have about 1,000 square feet. They are two-story units. Mike Inman: Okay. Mary Anne Decker: I think that is based on land coverage square footage of the building to land. Mike Inman: So, it will be basically 2,000 or 2,200 square feet for both floors,the existing structure. Bob Thornton: Are there any other questions?Thank you. Mary Anne Decker: Thank you. Jan Rucinski: I have no more speakers. Bob Thornton: Okay. I will say that we close the public hearing and we discuss it amongst ourselves. Dave? David Weiner: I'll start. I know Kevin brought this up this morning about this gentleman and previous years he came in for a non-conforming and we really weren't sure why it didn't get approval, but unfortunately it didn't. That to me doesn't have too much to do with today with the application in front of us. Sorry that happened, but we could put that in the future. Because dressing up the house and fixing it up and fixing up the neighborhood, I have no problem about this project. Bob Thornton: Karen? Karen Kwasny: You have to piggy back you have to book end with what happened previously while unfortunate,and you'll likely come back with something else. It is similar to what might happen in the Item#7 Mary Anne Decker Page 6 future and she passes away and the house is sold or the daughter loses the house and it is sold. We can't control either one of those by controlling this right now. You have provided really nice improvements to the house. That would be all that I have to say. Bob Thornton: Ron? Ronald Ripley: I think the application is in keeping with the neighborhood and if you look at the ordinance of that neighborhood it encourages that you have additional dwellings,you can turn a garage into an additional unit or you can have two families living on the property, and this is just a duplex. All they are doing is improving the duplex because is it non-conforming use but it may be non-conforming but it is in keeping with the neighborhood,so I don't think there is anything that these ladies are doing that is not unreasonable and the neighbors are not going to see anything different. She has testified that she is not changing the front of it. The front is going to look the same. I'm in favor of the application. Bob Thornton: Jack? Jack Wall: I value the individuals that came in to speak. I value their opinion that came in to speak against it. I think the addition of the square footage and the aesthetics of the addition, I think it will add value to the home itself, and that itself will add value to the street,so, I'm in favor. Mike Inman: I think it is a relatively modest addition to the duplex structure expanding the reasonable amount of extra square footage in a well-done manner. Bob Thornton: Jan? Jan Rucinski: I also think it is a great application and they are working on putting in the parking for them so they are not going to have to rely on on-street parking also. I think being able to put a car in that garage and the parking spaces in the back of the unit,are beneficial. Bob Thornton: David? Davie Weiner: I'm able to approve item 7. Bob Thornton: Do I have a second? Karen Kwasny: I'll second it. Bob Thornton: Alright. I'll give it to Karen. AYE9 NAY ABSO ABSENT 2 HODGSON ABSENT HORSLEY AYE INMAN AYE KWASNY AYE Item#7 Mary Anne Decker Page 7 OLIVER AYE REDMOND ABSENT RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 9-0,the Planning Commission has approved the application of Mary Anne Decker. Bob Thornton: Thank you. Is there any other business that needs to come before us? If not, on behalf of my Commissioners, I would like to thank everyone for attending the meeting today. Thanks to the Planning Director and his staff for their excellent work this month.The meeting is adjourned. .. ..__ ___.. _. ....,. .----- --- _ ......„ ........, .. ...,. .. .\ \ . ... .4, .., . . ._., to 6 ' 741.1111Pir' • - 0 '. ao ii,z,--------- ,.., ..,.\\ C I : \ , . lk ..e_t6 - . .., ,---,„ 01 Ca c. \ \, .\ --: ., ._.. ._.- 11,t , . • ' \SjIpbt ..fisill . 40/11-- • • 10 ,i \--- .s. _.\ , 0000, , 1 • , • .• 'Ik ks, ,fie. 4 ', CP -,--- ' ,-•-•_,.1..,..)__,,\ '. . . ' ,00 _...)„, , _../1"-• ikt‘e fr\-- c 61 ct.011P ,, ACP24 --- . ,amik ' 71.14... s 00 cs • 'V. 71# 71 psia,,_ .... ‘,. c-:\ , AN , , °I\co, , ' , 1 . . 1 \000 \\ --) .. _ ...--1. . 4. ,,c \ , .... cl I .. ,.,,.. ., .:,..,,.„_c:.... : ,s\\,.,,.: .. -. • \ --- 0 (\ oF\ \ ... \ \: \ \\\,2 0 , . , . / )--- c , ._. -,i \ , ., . .\ ( .. [ r 7 r 1 '44 iN,/ I '..-\\ s.... \ \ 1.---' r-----1 1 A • \-%,-'• 1 7 -... ' . N. , ,_..., , . : s. 1:- .----J• ,A,,. CX • laP, fll. 93 Item-VI-L.6 PLANNING ITEM#66366 Upon motion by Vice Mayor Jones, seconded by Councilman Moss, City Council APPROVED and CONDITIONED,BY CONSENT, Ordinance upon application of RALPH J.NAHRA/RALPH!.AND DEBBIE M.NAHRA, Conditional Use Permits re motor vehicle sales, rentals and auto repair at 1017 Aragona Boulevard DISTRICT 4-BAYSIDE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of RALPH J. NAHRA/RALPH J. AND DEBBIE Al. NAHRA, Conditional Use Permits re motor vehicle sales, rentals and auto repair at 1017 Aragona Boulevard(GPIN 1478049650)DISTRICT 4-BAYSIDE The following conditions shall be required: 1. When the property is redeveloped, it shall be in substantial conformance with the submitted exhibit entitled "Concept Plan For Auto Sales & Service", prepared by Massey Engineering, PC, dated July 28, 2016, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development, which the exception that a minimum of two (2)feet of the existing pavement on the property along the Haygood Road be removed and replaced with plant material as described in the conditions below. 2. The building shall be updated as depicted on the submitted elevation entitled, "As Built Elevations for Trucks R Us,"prepared by GMF + Architects, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The repair portion of the business shall be limited to the purpose of performing only minor repairs to vehicles that the sales operation on this property will be offering for sale to the public. 4. All auto repairs shall take place inside the building and shall be limited to a one-car garage. 5. No vehicle in a state of obvious disrepair shall be permitted on the property. 6. No outside storage of equipment,parts or materials shall be permitted. 7. All junk, debris and other discarded items must be removed from the site. 8. The existing non-conforming sign shall be removed prior to obtaining a Certificate of Occupancy from the Building Official's Office. Any freestanding sign shall be monument style, with a brick base, limited in height to eight (8) feet and shall be externally lit. The design of the sign shall be submitted to the Planning Director and shall be subject to the Director's approval,prior to the issuance of a Sign Permit. September 20, 2016 94 Item—114.6 PLANNING ITEM#66366 (Continued) 9. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows or on the doors. No window signage shall be permitted. The building signage shall not be a "box sign," but rather either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. A separate Sign Permit shall be obtainedf rom the Planning Department for the installation of any signage. 10. There shall be no signs which contain or consist of pennants, ribbons, streamers,spinners, strings of light bulbs or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted or attached to the windows, utility poles, trees, or fences or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs or electronic display signs on the site. 11. Any on-site signage for the automobile sales operation shall meet the requirements of the City Zoning Ordinance, and in no case shall be larger than as depicted on the submitted elevation referenced in Condition 2 above. No signs shall be installed on the sides or the Southern facade of the building. 12. The parking lot shall be re-striped to reflect all parking spaces required by the City Zoning Ordinance, including handicap spaces in accordance with the Americans with Disabilities Act(ADA). 13. The existing chain link fence on the property shall be removed and replaced with a solid fence, minimum height of six (6)feet, as depicted on the Exhibit referenced in Condition 1 above and shall be maintained at all times. In the event that said fence falls into disrepair, it shall be replaced immediately. 14. The required dumpster screening shall be installed so as to aid in updating the aesthetics of the site. 15. The existing Northern ingress/egress along Aragona Boulevard, closest to the intersection of Haygood Road and Aragona Boulevard, shall be removed as depicted on the Exhibit referenced in Condition 1 above. 16. Streetscape plantings, along both Haygood Road and Aragona Boulevard, shall be depicted on the Plan submitted to the Planning Department and ultimately be installed with species and location subject to the approval of the City of Virginia Beach Landscape Management and the Development Services Center's Landscape Architect. 17. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 18. No outside paging or amplified music system shall be permitted This Ordinance shall be effective in accordance with Section 107(/)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twentieth day of September, Two Thousand Sixteen. September 20, 2016 _ c; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RALPH J. & DEBBIE M. NAHRA [Applicant & Property Owner] Modification of Conditions (Motor Vehicle Sales & Rentals; Automobile Repair Establishment) 1017 Aragona Boulevard (GPIN 1478049650). COUNCIL DISTRICT— BAYSIDE MEETING DATE: May 16, 2017 • Background: For 34 years, this site was a 7-Eleven convenience store. In 2015, 7-Eleven relocated to a larger site directly across Haygood Road and obtained a Conditional Use Permit for Fuel Sales. The applicant and property owner of this site obtained Conditional Use Permits in September of 2016 for Motor Vehicle Sales and Rentals and for an Automobile Repair Establishment. Upon the execution of a lease agreement for the site, a potential tenant requested that several conditions be modified to better fit their business model. Specifically, the request is to modify Condition 3 that limits repair of vehicles to only those offered for sale; Condition 4 to clarify that more than one vehicle can be inside the building being repaired; and Condition 17 to allow outdoor lighting fixtures at a height of 20 feet when located away from the residential properties to the west. A deviation to the maximum height requirement of 14 feet for lighting fixtures on auto repair properties is requested. ■ Considerations: The conditions recommended with this modification as well as to the 2016 approval, in Staffs view, will bring the property more into compliance with today's landscaping, screening and signage standards. The upgrades include the installation of the required screening and plantings, the reduction in the number of ingress/egress points along the rights-of-way, and the removal of a large non- conforming freestanding sign. In Staff's opinion, these improvements will upgrade the aesthetics and safety of the site, and will bring the property in line with many of today's requirements. Planning Commission added a condition that the increase in height of the light fixtures above the 14-foot tall requirement be limited to the eastern portions of the property, away from the existing homes to the west. The Planning Commission also recommends a limit of 49 motor vehicles on the property at any one time and a maximum of eight vehicles on the site that are awaiting or under repair. There is no known opposition to this request. Ralph J. & Debbie M. Nahra Page 2 of 4 ■ Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0, subject to the modified conditions below. 1. When the property is redeveloped, it shall be in substantial conformance with the submitted exhibit entitled, "Concept Plan For Auto Sales & Service," prepared by Massey Engineering, PC, dated July 28, 2016, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development, which the exception that a minimum of two feet of the existing pavement on the property along the Haygood Road be removed and replaced with plant material as described in the conditions below. 2. The building shall be updated as depicted on the submitted elevation entitled, "As Built Elevations for Trucks R Us," prepared by GMF + Architects, which been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. The number of vehicles on the site at any one time shall be limited to 49. The repair portion of the business shall be limited to the purpose of performing only minor repairs to no more than eight (8) vehicles at a time that are in the process of being repaired or awaiting repair. 4. All auto repair shall take place inside the building and shall be limited to the work space accessed by a single overhead door. 5. No vehicle in a state of obvious disrepair shall be permitted on the property. 6. No outside storage of equipment, parts, or materials shall be permitted. 7. All junk, debris, and other discarded items must be removed from the site. 8. The existing non-conforming sign shall be removed prior to obtaining a Certificate of Occupancy from the Building Official's Office. Any freestanding sign shall be monument style, with a brick base, limited in height to eight feet and shall be externally lit. The design of the sign shall be submitted to the Planning Director and shall be subject to the Director's approval, prior to the issuance of a sign permit. 9. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. The building signage shall not be a "box sign," but rather either externally lit or constructed of raceway-mounted Ralph J. & Debbie M. Nahra Page 3 of 4 channel letters with L.E.D. illumination. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 10. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 11. Any on-site signage for the automobile sales operation shall meet the requirements of the City Zoning Ordinance, and in no case shall be larger than as depicted on the submitted elevation referenced in Condition 2 above. No signs shall be installed on the sides or the southern facade of the building. 12. The parking lot shall be restriped to reflect all parking spaces required by the City Zoning Ordinance, including handicap spaces in accordance with the Americans with Disabilities Act (ADA). 13. The existing chain link fence on the property shall be removed and replaced with a solid fence, minimum height of six feet, as depicted on the exhibited referenced in Condition 1 above, and shall be maintained at all times. In the event that said fence falls into disrepair, it shall be replaced immediately. 14. The required dumpster screening shall be installed, so as to aid in updating the aesthetics of the site. 15. The existing northern ingress/egress along Aragona Boulevard, closest to the intersection of Haygood Road and Aragona Boulevard, shall be removed as depicted on the exhibit referenced in Condition 1 above. 16. Streetscape plantings along both Haygood Road and Aragona Boulevard shall be depicted on the plan submitted to the Planning Department and ultimately be installed with species and location subject to the approval of the City of Virginia Beach Landscape Management and the Development Services Center's Landscape Architect. 17. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining properties. Any outdoor lighting fixture located on the western portion of the property shall not be erected any higher than 14 feet, and any outdoor lighting fixture located elsewhere on the property shall not be erected any higher than 20 feet. 18. No outside paging or amplified music system shall be permitted. Ralph J. & Debbie M. Nahra Page 4 of 4 • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Des : 111.\ Agency: Planning Department City Manager. \\ Applicant & Property Owner Ralph J. & Debbie M. Nahra Agenda Item Public Hearing April 12, 2017 City Council Election District Bayside (-ay qt- Virginia Beach Request t'^ Modification of Conditions (Motor Vehicle '"• „� e .06 Sales & Rentals; Automobile Repair p.,,''''00.0 K,ryp a^ �`5"<"° Establishment) W,,,,.a^0 Na ' Staff Recommendation ,N ai Approval °06<" q c °°^ 4 g° �po� �`��N "t Staff Planner — ,,�•' Jimmy McNamara �� �_ I Ilk ° r' Location w, " F,` 1017 Aragona Boulevard •''w+ _ --47,4 6 per- Pei a d,b° Pd° G P I N ,0H°"tfi ,p.`"` 1478049650 °0'6° `°" Site Size 20,533 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District 'I. ,= . • ,: s$' " Vacant retail building/ B-2 Community Business ® s4 3•��; �'- Surrounding Land Uses and Zoning Districts f i• _ t i. , � J- 1+ t¢ter - st . North • $ \ i',,.‘,. ;v' _ \ �� , Haygood Road ,' r , r -'to Retail & fuel sales/ B-2 Community Business �..',••< , ` �. South f ,fe .- . Personal service establishment/ B-201 • tti Community Business ,. -%' 1'• o ." . �Aragona Circle ":#•• x - 7 . . .. f' East Aragona Boulevard ¢ - e Auto sales/ B-2 Community Business y . .. . West Single-family dwellings/ R-7.5 Residential Ralph & Debbie Nahra Agenda Item 1 Page 1 Background and Summary of Proposal • A Conditional Use Permit for Motor Vehicle Sales and Rentals and for an Automobile Repair Establishment was approved by City Council in September 2016. Upon the execution of a lease agreement for the site, a potential tenant requested that several conditions be modified to better fit their business model. Specifically, the applicant is requesting modifications to Conditions 3,4, and 17 of the approved Conditional Use Permit. • Condition 3 states "The repair portion of the business shall be limited to the purpose of performing only minor repairs to vehicles that the sales operation on this property will be offering for sale to the public." The nature of the potential tenant's business requires that he work not only on vehicles that he will be offering for sale to the public, but also on cars that they have previously sold. As the applicant offers a warranty on the vehicles sold by his operation, additional service area is required; therefore, a modification to the condition is requested. The applicant requests that this condition be modified to allow no more than five cars on site that are being repaired or awaiting repair. • Condition 4 states "All auto repair shall take place inside the building and shall be limited to a one-car garage." The potential tenant intends on having the ability to work on multiple cars at the same time within the building. Only the single access point on the southwest facade of the building will be provide access to this interior space. The tenant wishes to have the term "one-car garage" replaced with "work space accessed by a single overhead door." • Finally, Condition 17 states "All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet." The potential tenant requests that this condition be modified to allow outdoor lighting features at a height of 20 feet. • As with the previous Conditional Use Permit, the applicant, who is also the property owner, wishes to upgrade a portion of the property, approximately 20,500 square feet, and have an automobile sales and repair business with up to six employees operate on the site. A second building, located on the southern portion of the property, will remain and is not part of this request. According to the application,for 34 years this site was a 7- Eleven convenience store. In 2015, 7-Eleven relocated to a larger site directly across Haygood Road and obtained a Conditional Use Permit for Fuel Sales. • It is still the applicant's intention to remove an existing, non-conforming sign located at the corner of Haygood Road and Aragona Boulevard and replace it with a monument-style sign that will meet all applicable requirements of the Zoning Ordinance. • Improvements proposed for the structure on this property include the installation of a garage door facing west, where pavement will be added to the west side of the building. The overhead garage door will not be visible from the right-of-way. • Upgrades to the site include the installation of the required Category IV landscape buffer and replacement of the existing, old chain link fence with an all-weather, solid fence along the western property line; removal of the existing non-conforming sign at the corner of Haygood Road and Aragona Boulevard; closure of one of two ingress/egress points along Aragona Boulevard; installation of a wall to screen the dumpster; the addition of interior parking lot and display area plant material; and, the installation of plants along the Haygood Road and Aragona Boulevard, as permitted by Landscape Services. Ralph & Debbie Nahra Agenda Item 1 Page 2 R-7.5 \, 3 R-21 Zoning History 9 B_2 # Request °' 1 CUP(Fuel Sales)Approved 06/17/2014 w ' / 2 CUP(Motor Vehicle Sales)Approved 01/22/2002 • °o 3 CUP(Mini-Warehouse)Approved 02/11/2003 DD R.7 5 ,/ 4 CUP(Motor Vehicle Sales&Automobile Repair ��°s'��� d Establishment)Approved 09/20/2016 °na i \ ixoa i' P P 0� `o .-, R7.5 X040 \ � \ R-7 5 A. , i '''' '''` )4 R X7.5\ \ Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. (pp. 1-59 to 1-68) Natural and Cultural Resources Impacts This site is within the Chesapeake Bay watershed. As the property is almost entirely impervious, there do not appear to be any natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Haygood Road 19,119 ADT 1 14,800 ADT 1(LOS°"C") 27,400 ADT 1(LOS°"E") Existing Land Use 2—1,771 ADT Aragona Boulevard No Data Available 6,200 ADT 1(LOS 4"C") Proposed Land Use 3- 127 ADT 11,100 ADT 1(LOS°"E") 1 Average Daily Trips 2as defined by a 2,400 3as defined by automobile sales, °LOS=Level of Service square-foot convenience rentals&repair with six employees store Ralph & Debbie Nahra Agenda Item 1 Page 3 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Aragona Boulevard in the vicinity of this application is considered a two-lane undivided local street. No roadway CIP projects are planned for this area. Haygood Road in the vicinity of this application is considered a two-lane undivided minor urban arterial street. The MTP proposes a four-lane facility within a 110 foot right-of-way. No roadway CIP projects are slated for this area. Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation The applicant requests to modify three of the 17 conditions associated with Conditional Use Permits for Motor Vehicle Sales and an Automobile Repair Establishment that were approved by City Council in September 2016. Staff supports the proposed modification to Condition 3 that will allow up to five vehicles awaiting or currently being repaired on the property. In Staff's opinion, this modification will allow the potential tenant additional flexibility with his business while still ensuring compatibility of the minor automobile repair use on the property with the surrounding area. Staff also supports the request to modify Condition 4 to alter the terminology of"one-car garage" to "workspace accessed by a single overhead door." This will allow the potential tenant to work on multiple cars within the workspace at one time and will clarify the intent of this condition. As with the previous Conditional Use Permit,this workspace area will be accessed by only one overhead door located on the southwestern side of the building, and will not be visible from the right-of-way. Finally, the applicant requests that Condition 17 be modified that limits new lighting structures to be no more than 14 feet in height to allow new lighting structures to be up to 20 feet in height. Section 224(b) of the Zoning Ordinance states "Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet." Staff does not support this request due to the location of the site being adjacent to an existing neighborhood. Currently, the applicant may keep the existing lighting structures onsite regardless of height, but any replacement or new structures must be no taller than 14 feet in height. It is Staff's opinion that the site can be effectively lit with lighting no taller than 14 feet and that anything over 14 feet could be intrusive to the existing adjacent neighborhood. Staff recommends approval of this request with the same conditions of approval from the previously approved Conditional Use Permits for Motor Vehicle Sales and an Automobile Repair Establishment,with the exception of the modification of Conditions 3 and 4 as stated above. Recommended Conditions All conditions attached to the Conditional Use Permit granted by City Council on September 20, 2016 shall be deleted and replaced with the following: 1. When the property is redeveloped, it shall be in substantial conformance with the submitted exhibit entitled, "Concept Plan For Auto Sales &Service," prepared by Massey Engineering, PC, dated July 28, 2016, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development, which the exception that a minimum of two feet of the existing pavement on the property along the Haygood Road be removed and replaced with plant material as described in the conditions below. Ralph & Debbie Nahra Agenda Item 1 Page 4 2. The building shall be updated as depicted on the submitted elevation entitled, "As Built Elevations for Trucks R Us," prepared by GMF+Architects, which been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 3. The number of vehicles on the site at any one time shall be limited to 49.The repair portion of the business shall be limited to the purpose of performing only minor repairs to no more than eight (8)vehicles at a time that are in the process of being repaired or awaiting repair. 4. All auto repair shall take place inside the building and shall be limited to the work space accessed by a single overhead door. 5. No vehicle in a state of obvious disrepair shall be permitted on the property. 6. No outside storage of equipment, parts, or materials shall be permitted. 7. All junk, debris, and other discarded items must be removed from the site. 8. The existing non-conforming sign shall be removed prior to obtaining a Certificate of Occupancy from the Building Official's Office. Any freestanding sign shall be monument style, with a brick base, limited in height to eight feet and shall be externally lit. The design of the sign shall be submitted to the Planning Director and shall be subject to the Director's approval, prior to the issuance of a sign permit. 9. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. The building signage shall not be a "box sign," but rather either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 10. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 11. Any on-site signage for the automobile sales operation shall meet the requirements of the City Zoning Ordinance, and in no case shall be larger than as depicted on the submitted elevation referenced in Condition 2 above. No signs shall be installed on the sides or the southern facade of the building. 12. The parking lot shall be restriped to reflect all parking spaces required by the City Zoning Ordinance, including handicap spaces in accordance with the Americans with Disabilities Act (ADA). 13. The existing chain link fence on the property shall be removed and replaced with a solid fence, minimum height of six feet, as depicted on the exhibited referenced in Condition 1 above, and shall be maintained at all times. In the event that said fence falls into disrepair, it shall be replaced immediately. 14. The required dumpster screening shall be installed, so as to aid in updating the aesthetics of the site. 15. The existing northern ingress/egress along Aragona Boulevard, closest to the intersection of Haygood Road and Aragona Boulevard, shall be removed as depicted on the exhibit referenced in Condition 1 above. 16. Streetscape plantings along both Haygood Road and Aragona Boulevard shall be depicted on the plan submitted to the Planning Department and ultimately be installed with species and location subject to the approval of the Ralph & Debbie Nahra Agenda Item 1 Page 5 slop City of Virginia Beach Landscape Management and the Development Services Center's Landscape Architect. 17. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixture located on the western portion of the property shall not be erected any higher than 14 feet, and any outdoor lighting fixture located elsewhere on the property shall not be erected any higher than 20 feet. 18. No outside paging or amplified music system shall be permitted. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Ralph & Debbie Nahra Agenda Item 1 Page 6 Proposed Site Layout :BEEN WALL TO MATCH CATEGORY IV LANDSCAPING TREATMENT DING FACADE 0 (LARGE SHRUBS &TREES) PING CONCRETE PAD FORI 'STER TO REMAIN N 23°03'18"W 215.00' o FENCE l N 2)(TYP.) n I LL 1 Lad (3)SPACES @ 8'X 22' 0 i o ; 0 0 M . ! o — � 0 a O c0 N o C7 LL J -- >- —I O Z 0 Q co co , a_m-- Iw ? .-• (-) �0 vai° p ox W C7 ' 0 .L (nu, ._- U Z o p Lo O X W eo-- CV Z a..l IT)m Q N Q C)c0 `L dU I o it b a g I Y @) X(0 cc Q o W� � aQ ici E I 2U Za tsfl0' �0Ou_zmd z� il w ! W— R a1 • z o0 Z ,,W Pi— I Ctw�o . s •4.00 18.00' t I J D Z o a F - 24.50' I 18.00' 18.00' 1 aX{2.50 Q 7 Z J �3 -- a 2ZQ 45.00' I _ I ; �O�~ a 85.00' 1----- 1 ��~�f m§24W PROPOSED MONUMENT SIGN WITH BUFFER 0 Q IF o MINIMUM 75 S.F.OF LANDSCAPING I t t4' W Q Z `V NEW MONUMENT SIGN J a,d CC TO CONFORM TO CODE G I I 1 m , (12)UNMARKED DISPLAY SPACES @ 7.5'X 18' 1 1 L _ _ _ ( i ,' I oo __ <e- S 23°03'18"E 1 ( \:' c,'s�� EXISTING WALK - DISPLAY AREA U L E V A R D 4,555 SQ. FT. io o s io lo GRAPHIC SCALE 1-=1a Ralph & Debbie Nahra Agenda Item 1 Page 7 Proposed Elevations • . cciN M • Ralph & Debbie Nahra Agenda Item 1 Page 8 Site Photos • NI a AL.:r c gi .11 `�� its , f _ i": • �_ .' ` „Er. I ► -air � —� ■n, '- :- • ...- :,i ; .T `.` __ : Ralph & DebN Agenda bie Item ahra1 Page 9 Disclosure Statement Virginia Beach APPLICANT'S NAME Ralph J. &Debbie M. Nahra DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • 0 SECTION 1 / APPLICANT DISCLOSURE Page 1 of] ❑ APP nr NTNA-1111D OI HEAPING - 121, RD,HrNAA 01 s�yi l� JimmyMcNamara t,C� ri, ❑ Pr�� N PP , „�I FL) Ralph&Debbie Nahra Agenda Item 1 Page 10 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotest and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if nrooenv owner is different from Annlicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ri 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: If an LLC, list the member's names: Page 2 of 7 Ralph& Debbie Nahra Agenda Item 1 Page 11 Disclosure Statement XB Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (6) List the businesses that have a parent-subsidiary or affiliated business entity 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 acontrolling ownership interest in the other business entity, (ii)a controlling owner in one entity is also 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 owl or manage the two entities; there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va.Code 4 2.2-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Ralph& Debbie Nahra Agenda Item 1 Page 12 Disclosure Statement APPLICANT 34Beach YES NO SERVICE PROVIDER(u se additional sheets if needed) ❑ [xi Accounting and/or preparer of your tax return Architect/Landscape Architect/ GMF+Associates Land Planner ❑ Contract Purchaser(jf other than *Contact Lessee She Applicant)- identify purchaser Trucks-R-Us,Richard Mie and purchasers service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ® Construction Contractors Reddick Quality Conaete Engineers/Surveyors/Agents Massey Engineering Financing (include current Bank Lentec ® ❑ 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 • a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ m 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 Ralph & Debbie Nahra 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 Apt 'cation, //�� �/ r • t k iplfJt' tiJH64h NNATUR PRINT NAME DATE Page 5 of 7 Ralph &Debbie Nahra Agenda Item 1 Page 14 Item#1 Ralph 1& Debbie M. Nahra Modification of Conditions Motor Vehicle Sales and Rental Automotive Repair 1017 Aragona Boulevard District 4 Bayside April 12,2017 REGULAR Bob Thornton:The next items on the agenda are those items that we hear,and I would turn this over to the Secretary for this portion of the agenda. Jan Rucinski: Thank you Chairman Thornton: Our first item to be heard today is an applicant from Ralph J. & Debbie M. Nahra. It is an application for a Modification of Conditions for Motor Vehicle Sales and Rentals and Automobile Repair Establishment on property located at 1017 Aragona Boulevard, District 4, Bayside. Is there a representative here? If you could please,state your name for the record and explain your application please? Ralph Nahra: Yes. Mr.Chairman and Planning Commissioners, I'm Ralph Nahra,and I live at 3720 Redwood Farm Drive,Virginia Beach. We are the owners of this property fort the last 36 years. It used to be a 7-eleven.They moved across the street and we have a vacant building.We have a tentative candidate that is going to put a used car dealership and he has two issues that he wishes the Commission to consider. One issue is the height of the lighting poles.Staff, I think is consistent on 14 feet,and he wants 20 feet. The second issue,the initial condition was that he could work on dealership cars,those cars that only he owns or sells. He is asking in addition to that,that he could work up to five non-dealership or customer cars and the application put a limit on five whether it is dealership or customer cars. And, I would like to ask with your permission Mr. Rick White,the tentative candidate who has been moved out of Witchduck Road, into temporary facilities by the City because of the widening of Witchduck Road, and he is has signed a lease tentative to the approval by the Commission and Council on this property. Mr.White,could you please? Rick White: My name is Richard White and I live at 4617 Thoroughgood Drive,Virginia Beach. I thought at a January meeting that was with Planning Staff and relocation,staff and all of us,there were eight of us in the room that we had an understanding about that I needed to add five customer cars to it. I offered to put a restriction on the total number of cars for repairs including my own,and I was told that it wasn't necessary. I said ok, but I'm offering it if it would help. Well, instead somehow,all of a sudden it dropped down to five total cars. I don't want to be a repair shop but I got to take care of my customers and if I sell you a car and it is broke, I got to fix it. If a transporter comes in and drops off four or five of my cars from an auction,they are there on the lot for me to start getting ready. Technically you can't drop your car off to me to have me work on it. So, it was supposed to be a separate number. That was the goal.The shop is too small to ever turn into a repair shop. It is not going to turn into alike the NAPA car shop across the street with 30 repair cars out there all the time. It is not big enough. You couldn't pay the rent that we got to pay and be a repair shop. It is auto sales but you still have to take care of your customers. And on the other item are the poles. First of all,originally I was told that the 14 foot was required because there was a house next door. There is a house on one side of it. Now,that Item#1 Ralph J &Debbie M. Nahra Page 2 side is going to have six foot fence and also tall shrubbery. How about if I put a 14 foot pole on that side so that we won't have to worry about any overlay,and of course it is all going to have to be directed down anyway,which is a separate requirement no matter what height the poles are. And,they said I could keep the two existing poles,which are 20-feet,which are the same height,7-eleven just moved across the street. They got over 22-foot poles over there. That is what everybody puts up. Unless you're a shopping center and then they put 30 footers. So,everything around me has got over 20-foot poles,and all I'm asking is the poles that are down on the corner where I got,technically I've got a pole down there but it is an old sign that has to come down. So,rather than Mickey Mouse it,and try to save the pole,so I can leave the light there, because I don't want o do that. I want to do it where it looks nice and is professional looking. I got to have poles down at that end and they are going to be at least 100 foot from the property line,at a minimum. The poles that I would add that would be 20-foot. Now I'm being told it is because of a condition in the ordinance that says all repair centers have to have 14 foot poles. There are only two things. Bulk storage and auto repair, in the entire city ordinance,two things. Bob Thornton: We got a time limit on speakers if you can just give us a quick summary and we'll have some questions. Rick White: Okay. So the bottom line is the 14-foot thing is not done. You just approved one today. The one you just approved today for the oil change place, if you go by there in three months,they will have 20 foot poles outside. There is one on Indian River Road that was just approved. It just got built. On their website,they got 25 foot poles outside,and it is auto repair.And,there was nothing in his Conditional Use Permit to restrict him to 14 feet,so they put 25-footers up,yet mine is being used against me. I just don't'get it. You approved one today. Bob Thornton: Okay: Thank you. Are there any questions of the applicant? Mr. Ripley? Ronald Ripley: Can we get the site plan up? Rick White: The house. Ed Weeden: You need to stand near the microphone.There is a pointer. Rick White: Alright. I don't know about that. I'm old.What do I do? Bob Thornton: Right there.There is red pointer you got to point to where you. Jan Rucinski:Turn it the other way around. Rick White: I'm pointing it at me.This is where the house sits right about here. Ronald Ripley: I understand. My question is you access the building to the right?Is that where you're going to bring the cars in to repair? Will they go inside the building? Rick White:All repairs have to be inside the building. Ronald Ripley: Will the cars go through the building? Item#1 Ralph J&Debbie M. Nahra Page 3 Rick White: No. It is one door, in and out. There is going to be a 16-foot door right here,and you're going to go in the building and back out of the building here. Ronald Ripley: So,where would you put the five cars that you referenced here? Rick White: Well,some of the will be behind the fence and the others. There will be three parking places right here, and they could be over here. Mostly they will be behind the building or in the building because they will be getting work done. In other words,we are not a repair shop. You don't drop the car off with me. You call me,you want to get something done,you make an appointment for you and bring it by and then when it's done you come and get it. I don't store. Ronald Ripley: So, how many cars could you get inside? Rick White: There are four cars that would go in the building at one time,and be able to work on them. And behind the fence,there is room for another probably six to eight cars back there. Ronald Ripley: What fence are you referring too? Rick White: There is going to be a fence that comes right from here over to here, and of course,there is a fence down this whole side. There is going to be a fence from here to this building,so this whole are here will be blocked by a six-foot tall fence. Ronald Ripley: Chain link fence? Rick White: No, solid fence. Ronald Ripley: Solid fencing. Good! Rick White:And with shrubs all around it. The only place where there won't be shrubs is right there where the gate is going to be. Ronald Ripley: Okay,Thank you. Rick White: Even the dumpster is going to be behind that fence. So it is going to be out of view completely. Ronald Ripley: Okay,thank you. Bob Thornton: Are there any other questions? lack? lack Wall: I don't care much about the existing pole. Rick White: There are two poles right now.There is one pole right there and there is one pole right there,which is on the other side of the driveway that is right there that is being closed. This is the City's requiring us to get closed,and this one is being shrunk down for 40-feet to 30-feet at their request. All of this curb here is being moved back,and down this side is all being moved out, and then the exit from Item#1 Ralph 1 &Debbie M. Nahra Page 4 it is going to be back here onto Aragona,so there will be nothing around the intersection anymore. Jack Wall: I don't know,and this question. I know there is obviously a difference 14 feet versus the 20 feet. Rick White: You want your lights to shine down. Well, if you put a 14-foot pole you got to put a lot more poles out there to cover from here to cover 150 feet. And a lot more light fixtures to cover the same area. In the old days,you put up one big pole with a big tall light like 7-Elven and then blast it out into the parking lot. That is what all the neighbors are all mad about. This isn't going to be like this. So everything will be shooting down at the pavement. Where I'm talking about putting the poles is one about here and one in here,and then back at this entrance which there is no houses anywhere around that, and there is another commercial building behind us. Jack Wall: So the reason is expense. Rick White: It is very expensive to put additional concrete bases,run underground cable, more light fixtures. You just approved 7-Eleven across the street with 22 foot poles with no restriction. They could have put them 80 feet high they wanted to. They have no restrictions. And then 7-eleven poles are still on this lot. And what I'm telling you is those repair centers. I am one of only three that has put 14 foot in it.That I can find in the last six years. One of three,and there have been an awful lot of them and everyone has no restriction and I have yet to find anybody that put up a 14 foot. The ones that say 14 foot when I go by their lot,Hall Auto has 30 footers. Their Conditional Use says 14 foot on them. That was the wall that was given to me to start with was based on this Hall Auto,which is behind the Honda store basically. Like I say,the one with the five minute oil change on Indian River Road is brand new in 15 or 16 they go open, it was approved in late 2014,no restriction on it and they put 25 foot poles up but if you go by the ordinance it is the same ordinance 14 foot,so not only are they not putting it in the Conditional Use but they're not enforcing Then some people say you don't need it in the Conditional Use because it is an ordinance, Well, if they are not enforcing the ordinance,then apparently it is needed now. But why only two items of auto service,which is a gas station has no restriction? Auto sales have no restriction,only auto repair on pole height and bulk storage. So if you're going to park tractor trailers,you will have 14 foot. Bob Thornton: Here is another question for you? Jan Rucinski: So how many of these 20 foot poles are you wanting? Rick White:There will probably three or four. And like I say the closest one to the house,to the residential,which is supposedly the reason why that it got brought up to start with. The closest one to the house will be 100 feet away from it. 7-Eleven across the street has them 50-feet from the property line. Jan Rucinski: Okay. So,you will need three or four 20 foot so if you have 14. Rick White:You will be pushing roughly twice as many poles.Your car setting this side,and you got a pole light that is six to eight feet higher Item p1 Ralph 1 &Debbie M. Nahra Page 5 Jan Rucinski:So, instead of needing four poles,you will need eight? Is that what you're saying? Rick White: Right? And it will cost a minimal of$15,000 more dollars to light the lot by the time you got four concrete bases. Jan Rucinski:Thank you. Bob Thornton: Are there any other question for the applicant? I've got a question for Kevin. When we heard this,this morning in our informal,you had indicated that there was maybe an ordinance that show that this was something we really couldn't not address and since then you have indicated that maybe there is a way assuming we would lean that way. Can you help us with that right now? Kevin Kemp: Absolutely. Let me start by saying that the way the ordinance works,for example the auto repair that was approved earlier, if it is not expressively, if the height of the poles is not expressively conditioned,they are held to the standards that are in the automobile repair,which would be 14 feet. They are held to the standards in the ordinance. The question earlier was whether that can be deviated with the Use Permit.We have determined that light pole are a structure and that height can be deviated as per Section 2210)with the Use permit but that would have to be conditioned specifically with that Use permitted. No height is specifically conditioned refers back to 14 feet. Bob Thornton: Thank you. Are there any questions of Kevin? So,what you're saying is we could condition this Use Permit with a pole higher than 14 feet? Kevin Kemp:That is correct. Bob Thornton: Okay. Dee Oliver:I have a question. Bob Thornton: Okay. Dee? Dee Oliver: The purpose of the ordinance is to protect the neighborhood. Kevin Kemp: Correct. The applicant is correct that there are very few uses that do have that 14-foot requirements, hulk storage and auto repair being the two main ones. And that 14 foot requirement was put in to protect adjacent properties from light pollution particularly in uses where those lights might shine for security reasons. Bob Thornton: Jan? Jan Rucinski: But the main part here about the application is about automobile sales and rentals with just the little side business of repairs. Am I correct? Kevin Kemp: That is correct. It is a Use Permit, as I understand it for both automobile sales and repair, but with automobile sales in our ordinance,there is no 14 foot height limit. Item#1 Ralph 1 & Debbie M. Nahra Page 6 Bob Thornton: Ron? Ronald Ripley: I have a question of Staff also. Is there some reason why you didn't request the light pollution a study for that or the 14 feet be adequate would that satisfy typically the issues of light pollution? Kevin Kemp: I actually don't know where the 14 feet came from but the first part of that,as it is told in the ordinance,is that light has to be directed onto that property. And it cannot spill onto adjacent properties. Then it adds a second sentence that limits the height to 14 feet. Bob Thornton: Are there any other questions? Mike? Mike Inman: It is a question of Staff. Is there a typical height that you would use for lighting on automobile sales and rentals application? What is the typical? Kevin Kemp: Our ordinance doesn't really address a typical height. If you go and drive down Virginia Beach Boulevard certainly, most every auto sales will exceed 14 feet, most are probably are in the 20-30 range. Bob Thornton: I'm sorry Jan? Jan Rucinski: Thanks for the light question. This is about the amount of vehicle question. Is there a reason that staff put that number at only 5,or was the intent that was five that worked part of being prepared for sale? Carolyn Smith: We had initial reservations about an auto use on this site, particularly auto repairs,so when this first went through with the auto sales and with all the improvements that Mr. Nahra agreed to with this request,we were very comfortable with that. Now, he has a tenant that would like to do some minor auto repair beyond his typical customers,so when we met, it was my understanding that we agreed that he would be allowed to have five additional vehicles that were not necessarily vehicles that that he was preparing, and I understand there was some miscommunication about the results of that meeting. It was the over an abundance of vehicles on this site, perhaps and the ability to keep the site in an orderly fashion. That was out concern. Jan Rucinski: So,to staff the five vehicles met those that are getting ready to be sold and those customers that might have to come back for maintenance or an issue for their vehicles that was already sold? Carolyn Smith: That was our intent, however,that is not what the applicant felt he was agreeing too, so; I think that we could be flexible on that and that is why we wanted you all to hear it and weigh in as well. Bob Thornton: Dee? Dee Oliver: So,just to sort of and I am just going to throw this out there. So, if we go from five to and to Item#1 Ralph 1 &Debbie M. Nahra Page 7 keep the number down,to something that is more orderly on the piece of property,that is more acceptable is there a number that Staff would be preferred to work with? Carolyn Smith: I think what would make us comfortable is having the number of parking spaces and then having him say how many he think he could fit either inside the building and behind that fence and that is I think is a reasonable number. Five was just something we sat around the table and I felt that we all agreed to but that was that picked out of the air,so; it is really a matter of making sure the site is orderly rather than the cars are waiting to have an oil change or for sale. Dee Oliver: Right. Okay. Donald Horsley: On the initial for the auto sales, how many vehicles was he allowed to have on site? I mean this is not a very large site. How many total vehicles are talking about on the site that are for sale and for repair? Bob Thornton: I just counted 41 spaces on the site plan if my math is correct. That does sound right to you guys? Ronald Ripley: There is 32 right here. Bob Thornton: 20 and 6 and 12 and 3. There is none behind the building because the building goes right up against the property. Carolyn Smith: We didn't restrict the number of vehicles, however,he has laid out the specific area that depicted how many vehicles we believe could be placed on the site in an orderly fashion,and that number is.... Ron Ripley: 32. Jan Rucinski: You said 32? Rick White: 35 parking places,counting the ones in front of the building. Bob Thornton: Yeah,that's right,six in front of the building. Rick White: So,there are 41 counting the front of the building. Jan Rucinskl: Are those for customer parking or those for vehicles sales also? Rick White: A combination. Donald Horsley: Can I finish the number I'm trying to work with? Can I get Mr.White back up here a second? Rick White:Right now Item#1 Ralph 1 &Debbie M. Nahra Page 8 Donald Horsley: let me ask you a question. How many vehicles do you have on your property for sale? Rick White: Normally, I have only about 15 or 18 cars. Donald Horsley: Okay. You want to be allowed to have 10 vehicles,yours and other people of your former customer vehicles that you can work on,a maximum of 10 more? Rick White: Right. Donald Horsley:So,you're a talking a maximum of 25? Rick White: Well,sir,we have 32 parking places,35 for sale spots marked out. We got six customer parking places in front of the building,so there is 41 spots And then we got the building and behind the fence,so I mean,realistically,you can put 50 cars and not cover all the spots.I've never going to have that. If you want to put a number on it for 10 for repairs, including customer cars,that is fine with me. They will never be any more than that that. I'm not a repair shot, but I do take care of my customers. Donald Horsley: But that would make it a maximum of 50 cars on that lot?Carolyn,can 50 cars be arranged on that property alright? Carolyn Smith: Yes,we believe that's sufficient. Donald Horsley: Well,that takes care of the parking part,I assume. As far as the lighting, I think the lighting issue,the taller your lights are for the sale,and it looks like we need to light these vehicles up,so I think I need to go to 20-foot poles for the lighting of the vehicles for the sale.The 14-foot for repair has got to be for security reasons basically, I think we said bulk storage and car repairs to 14 or 14.5. Whatever the figure was,and I think that is the reason that is basically for security lighting but we are trying to illuminate the cars so they can be seen so I think the 20 foot is realistic figure that would allow this gentleman. Can we come to an agreement of the total number of vehicles that can be put on that property? That is what I am wondering about whether they are customers or they are for sale or whether they are to be worked on. If we can come up with that I think we can anticipate the rest. Bob Thornton: Ron? Ronald Ripley: Can I ask the applicant to come up again? Carolyn Smith mentioned that if you can come up with a number inside the building and inside the little fenced in area. Do you have a number? Rick White: I would say 4 in the building and probably 6 inside the fence comfortably. Ronald Ripley: You think you can get six in there with the dumpster? Rick White: Yeah. Our dumpster is a two-yard roller. It is twice the size right here. Mike Inman: Isn't that where the access door is over there behind it? Item#1 Ralph 1 &Debbie M. Nahra Page 9 Rick White: Yeah,that is where we will be going in and out of the building. Correct. Mike Inman: Wouldn't that limit your parking back there? Rick White: it is not going to be a parking lot but that is where you put them back there to get out. If it was a car that didn't look good for instance, I mean,I don't buy cars that go to body shops and stuff. I don't buy totals, but if a customer brings a car and it doesn't' look good, I'm going to put it behind the fence. But we will have plenty. I am not select. I don't put 50 cars in a 30 car lot. Bob Thornton: I got a question. On your site plan without having any spaces behind the fence,the 41 parking spots, item 3 in the Conditions says the repair portion shall be limited to the purpose of performing with no more than five vehicles. From a practical standpoint,on any given day, nobody is going to drive by there and no whether they are for sale or repair and there will be 41 of them on the lot. I don't even know why we're worried about this. At the end of the day there is nothing that says you can't park cars behind your fence and there is nothing that says you can't put cars in the garage at night. And the site plan shows 41 parking spaces. So,it seems to me that you have what you need.You got. Rick White: I just don't want to operate outside the rules. Bob Thornton: Okay. Rick White: I realize I could have operated this way but I don't want to. I want it be legal. Bob Thornton: From a physical standpoint,you probably can't get any more on there than this drawing shows. From a practical standpoint,we're not going to go out there and decide whether they are for sale or for repair. Am I right Kevin? The site plan shows. Is the site plan proffered? May I ask that? Kevin Kemp: It is conditioned. Bob Thornton: Okay. Kevin Kemp: With the approval. Bob Thornton: You have 41 parking spaces on your site plan and what you do with them whether they are for sale or for repair, I don't think you're going to have people out there asking you on a daily basis which one is this for and which on is this for. Rick White: I agree with you. I just don't want to be a condition. Bob Thornton:Can you live with condition 3. That is basically what we are asking. Rick White:What is three? Bob Thornton: No more than five vehicles in the process of being repaired. Item#1 Ralph 1 &Debbie M. Nahra Page 10 Rick White:That is the one that I need. Bob Thornton: Even with 41 parking spaces on there? Rick White: I realize that I can hold when someone comes up tell them if you did come up and the City comes up and they tell me but I am not going to lie to you. So, if we have 10 cars,then I don't have to worry about it. Bob Thornton: 10 out of the 41? Rick White: Right. Bob Thornton: Okay. You're not putting any more cars on the lot. Rick White: No, no. Bob Thornton: You're just going to have designated spaces to repair cars versus the sales. Rick Whit: Most of the time I have a couple of customer's cars and a couple of mine. It is just sometimes. I don't like somebody coming out and I don't have any trouble with the City. I don't want any trouble now. Bob Thornton: Good plan. Dee. Dee Oliver: I'm going to go back to the lights for a minute,and it is an ordinance and I understand you want the higher poles. I do want to take into consideration your neighbors. And I know you want the taller ones. I would be more comfortable, more in favor of this application if you would be willing to stick with the ordinance on the side. You don't have any parking. Rick White: Yes. Yes. That is why what I've agreed to from the beginning. Dee Oliver: Yeah. Dee Oliver:I don't think that is right. Rick White: I don't have any problem with that. Dee Oliver:Okay. Bob Thornton: Are there any other questions of the applicant. Dave? David Weiner: How many employees are you going to have? Rick White: Three or four max. And normally to be honest with you,90 percent of the time there is two of us. We're not a big place. Item#1 Ralph 1 &Debbie M. Nahra Page 11 Bob Thornton: Thank you. Chris,would you mind coming up and giving us just about a two minute overview of the City's involvement in this process. I know you've been patient to be here,and I thought I would give you a word. Chris Cahoon: Members of the Commission,good afternoon. I'm Chris Cahoon. I'm with the City's Public Works Real Estate office. I have been working with Mr.White and his business. He was previously located over in the Witchduck Road area. We had a road project at Witchduck Road Phase II that affected his business and he was required to relocate. At the time he had to relocated,there were no vacant facilities available that had CUPs enforced that allowed auto repair as well as auto sales.So, in an effort to try to keep him in business,we have temporary relocated him to a property that we own on First Colonial Road,while he has been going through this process with the Conditional Use Permit. Now the property that he is in, as I said, is temporary but we're getting ready to have another project come up the First Colonial Road/Virginia Beach Boulevard project and the property he's in will be effected which means he will have to move again. So,we have been, like I said,working with him,to try and get this particular site taken care of and we can get him moved into that for a permanent basis. Bob Thornton:Thank you. I thought it was good to texturize this. Are there any other questions? We don't have any more questions. So, I would like to close the public hearing, and we can discuss amongst ourselves and get a motion. You will speak? Karen Kwasny: Yes. Does he have to say my name? Bob Thornton: Her name is Karen. Is that it? Karen Kwasny: So,what we come to is that he is going to have 10 repair or warranty vehicles on site inclusive of the 41 parking spaces correct? Two, I believe you said, 20 foot lights or three? Rick White: I am not certain about that. Karen Kwasny: While he is checking on the number, he is going to have 20 foot lights in some locations and a 14-foot one on a residential portion of the property. Mike Inman: Is it going to be at least one on the west side on the residential? Rick White: I believe so, but if there is more than one,they will both be 14-feet. Karen Kwasny: They will be 14-feet. Okay. I just want to make sure. I kind of encapsulated it in my mind. Bob Thornton: Other comments? Donald Horsley: I just want to make sure the total number of cars on the property is 41. Rick White:Yes. Donald Ripley: Because it was SO a while ago. Item#1 Ralph 1 &Debbie M. Nahra Page 12 Rick White: It is 41 parking places in front of the fence. It is not counting the building. Donald Horsley: Still,we got to come to a total number of vehicles on the site is 41. I think that is what we've come to a conclusion up here. Isn't'that right? Rick White: Carolyn had said 50 earlier. It was okay when you asked. Donald Horsley:That is what I thought. But when we got into the conversation she was talking about 41. Karen Kwasny: There is 41 spaces. Donald Horsley: There is 41 spaces. Kay Wilson: Mr.White, if you're going to talk,you need to come to the microphone. Donald Horsley: What I am seeing now. I think 10 cars are too many because of the space of the building and the space that he's got in the back. And Ron has done a little calculation up here. I think we can go with eight cars instead of the five and stick with the 41 spaces out front for his sales,so it will be a total of 49 spaces. Ronald Ripley: We don't want to see it turn out to be nothing but cars out there. Again, I know you're saying that that model is not going to be repairs but a mechanic across the order and he has all the business that he could shake stick at. He is full up with cars all the time. I live right in the area and I ride by that property every day to and from work. And, I want you to do well. I want you to have a model that works for you but we also want it to look good too. That is really important. We just don't want every square inch of the property taken up with cars and you could stack them in there at night and then move them around and it could messy. I just want it to be orderly. Karen Kwasny: So, it is 50 inclusive under warrant or repair? Bob Thornton: Have we confused the staff? We have. I thought so. Karen Kwasny: I think it is 49. Ian Rucinski: 49 vehicles for sale and or repair. Carolyn Smith: So, if there as 49,there is no more than eight are permitted to be on the site for auto repair. Donald Horsley:Condition 3 changes from five to eight. That makes that simple. The previous Use Permit controls the other apart of it. Jack Wall: You're making it a reduction from 10. Item#1 Ralph 1 &Debbie M. Nahra Page 13 Rick White: The parking places I don't have any problem with but the ten I really need to be safe when a truck brings them in cars,two of them can be out front obviously.They don't have to be stuck. Donald Horsley: We are going to count those two of as part of your 41. Rick White: That is what I am getting at. So we stay at 10 for repair. Donald Horsley: No,we're going to stay at eight for repair. If you want to count two of them as vehicles for sale you can do it. We don't think there is enough room in the back for 10 vehicles. Rick White:They don't have to be in the back. Donald Horsley:That is what we just told you. Bob Thornton: At some point,you're not going to be able to turn around. That is what we don't want. The front part is going to be crowded. Rick White: Today when everyone goes home and they go by 225 First Colonial Road,you will see how I keep them. There is a real rat hole I went in by there,very hard to get around. I don't overload the lot whatever the lot will hold,I don't do it, but anyways. Donald Horsley:We appreciate what you're trying to do. Bob Thornton: Are you ready to make a motion? Jack. Jack Wall: I got one thing. The condition for the lights, I think it is number 17.That is going to be modified. It pretty much already says the outdoor lighting shall be shielded to direct light and glare which probably needs to say,and then said lighting and glare shall be deflected.That should stay. And that should be the last sentence, except on the east side of the property. Mike Inman:20 feet anywhere except on the west side where it has to be 14 feet. Bob Thornton: You all have it? Got it? I need a motion. Donald Horsley: So moved. Does Ed have it? Bob Thornton: Carolyn. Carolyn Smith: I just want to be clear because I don't want to have any more misunderstanding. So, are we limiting the total number of vehicle to 49? Bob Thornton: Yes. Dee Oliver:Yes. Carolyn Smith:Yes, and eight of those may be permitted for auto repair? Item#1 Ralph 1 &Debbie M. Nahra Page 14 Dee Oliver:Yes. Carolyn Smith: Okay. I got it. Jan Rucinski: If something comes in from his purchasing to be able to put a couple of those out in the front,then I'm not sure when we're saying only can be for repair. Ronald Ripley: For the reason and the other application was sales, not repairs. We're trying to keep it that way. It needs to stay for sales than repairs. Mike !man: We're trying to accommodate his need for repairs. Jan Rucinski: I understand that. Dee Oliver: I make a motion. Bob Thornton: A motion from Commissioner Oliver Dee Oliver: I am going to make a motion that the total number of repaired cars will be moved from five to eight on condition 3. And that the lights on the west side of the property will be 14 feet in nature and on the east side can be 20 feet. Jack Wall: I'll second it. Bob Thornton: Jack seconded it. Bob Thornton: We're ready to vote. Carolyn Smith: Excuse me.You didn't' put a limit on the number of vehicles. Dee Oliver:And the limit of vehicles will be 49. Carolyn Smith: Okay. Thank you Mike Inman: I'll second that. Bob Thornton: Okay. Are we ready? AVE9 NAY ABSO ABSENT2 HODGSON ABSENT HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND ABSENT Item#1 Ralph 1 &Debbie M. Nahra Page 15 RIPLEY AVE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 9-0,the Commission has approved the application of Ralph Nahra with the no more than 49 cars, repair for sale, no more than 8 cars maximum for repair, 20 foot lighting on the east side and 14 on the west side. Bob Thornton: 14 up against the residential. Carolyn Smith: He got it. Bob Thornton:Thank you for your patience and thank you for your application. Jan Rucinski: Good luck to you. Rick White: Yeah,thanks a lot guys. -Y) V / JC°,' i;:::::, N Q ''/ *,.,:mt ?___ CO ii ,i .,,,i. JCIO iiii _c �, 4 an u s -- --. /� anbr� �- t CO o � � N m/ 0_ 0 1 CNI\Lo 1. NI --1_ {] 9 0 ck L1-1 19J ______ _m f LJ f aS\--- %\C __. _ :relt La u ril ' HI i1 PL~ p ��. ~— peon l � ; +: 1 r (tti T- I I Q I a L : ig Ci [j N Eli ce ---a _ ____ , S. j---1 2 IX_ i [7 i____ ,6.5 _,Lt- L 1 1 l CO I ____r' r.0( '1_1-- CCI TMr ...� �an air. Riu ' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ROBERT SEIM, LLC [Applicant & Property Owner] Conditional Change of Zoning (B-2 Community Business District and R-5D Residential District to Conditional B-2 Community Business District) 216 N. Budding Avenue & 4217 Virginia Beach Boulevard (GPINs 1477953193, 1477953092). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: May 16, 2017 • Background: The applicant proposes to expand the parking lot for his existing eye-care practice on the adjacent parcel to the south. As that parcel is zoned R-5D Residential District, a rezoning to an office or business district is required. The single-family dwelling on the site will be demolished and replaced with a 17- space parking lot. The applicant intends to combine both lots and conditionally rezone the property from B-2 Community Business and R-5D Residential to Conditional B-2 Community Business. The single-family dwelling on the site will be demolished and replaced with a 17-space parking lot. • Considerations: Upgrades to the site include the installation of the required Category IV landscape buffer adjacent to the residential zoning district to the south; construction of a solid six-foot fence along the southern property line adjacent to the residential zoning district; and expansion of the existing southern parking egress along North Budding Avenue to accommodate two-way traffic in and out of the site. in Staffs view, the expansion is compatible with the surrounding commercial land uses and will be well buffered with landscaping and fencing. The applicant worked with Staff to propose adequate screening of the parking area to the residence to the south, and a site layout that respects the existing residential neighborhood. In addition, the proffers specifically exclude any objectionable uses from locating on this site. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request subject to the proffer agreement. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. Robert Seim, LLC Page 2 of 2 ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. ��,,��yy���,/ Submitting De m gency: Planning Department City Manager: Applicant & Property Owner Robert Seim, LLC Agenda Item Public Hearing April 12, 2017 City Council Election District Lynnhaven 3 Oiyof Virginia Beach Clint Request s, J °,,�° <<�,,,ne Edinyurq pd,ne T e n Conditional Rezoning (B-2 Community °o Dunca„n�,�ne '8. 3 a d 6 Business & R-5D Residential to Conditional B-2 Corporation °"'i°°"°` Ru„,tone 1 J 1 / r Community Business) n s, Wm”0,6„, a �e a i Staff Recommendation _E Approval urging Beach BOJlevard p I d 3 , t Main Street t 1 u Staff Planner Columbus Street i 4 3: tt a e y a' Jonathan SandersNinaori,e ,: 1 cu,apace Dove ` Y ` T ° eY Boad . i ? I. v • a Bonn Location E g 3 ▪ 1 jL{ a Q � o 4217 Virginia Beach Boulevard & 216 North j, _ n ffib Budding w G Budding Court m Inverness Road •' 6 a GPINs C " 1 I i M 1 • 1 1477953193, 1477953092 Site Size 24,600 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay R , y_ :.5 !I }r te Existing Land Use and Zoning District -r ' / [/11/�!(j//� „ ' '" Aj ra -;r Eye care medical office, single-family dwelling/ ..T i ",;(///ti g B-2 Community Business, R 5D Residential ' - Wrzri brr'r 2 , f%>Jh ..., ,a.T..�Il �r � x,44 / i Surrounding Land Uses and Zoning Districts k,1'. ' 4-*-,- `. " :,,.1-_• i.. North _ ct,r'1` • Q Virginia Beach Boulevard • v..- , • :"': r ,, r Furniture store, mixed retail/ B-2 Community ' 'y c ►t,-• Business '4, � i � South r : ho Single-family dwelling/ R-SD Residential "• " ` -, .-.• , i •ar East rrib +�,a:` 1, D„ ea s_f, Office/ B-2 Community Business West North Budding Avenue Dentist office, Single-family dwelling, duplex/ B-2 Community Business, R-5D Residential Robert Seim, LLC Agenda Item 3 Page 1 Background and Summary of Proposal • The applicant has purchased the residential lot to the south of his eye care practice and would like to redevelop that property as an extension to the existing parking lot. The applicant intends to combine both lots and conditionally rezone the property from B-2 Business and R-5D Residential to Conditional B-2 Community Business. • Upgrades to the site include the installation of the required Category IV landscape buffer adjacent to the residential zoning district to the south; construction of a solid six-foot fence (transitioning to a height of four feet, as required by the Zoning Ordinance) along the southern property line adjacent to the residential zoning district; and expansion of the existing southern parking egress along North Budding Avenue to accommodate two-way traffic in and out of the site. 2 8� . Virginia Beach Boulevard Zoning History 1 e3 ' % � %/ c # Request .ilk ` 1 CUP(Religious Use)Approved 07/02/2002 LL - -- CUP(Religious Use)Approved 09/08/1998 R5D -" RSD R-50 • 2 CUP(Auto Repair)Approved 07/10/2012 CUP(Auto Service Station)Approved 01/25/1994 Dutch SIAM � 3 CRZ(R-5D to Conditional 0-1)Approved 03/25/1997 1RR-50h:5^. R5D �g ''- .• - —. RD A-18 IFI _. Thalia Station Circle Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. (pp. 1-59 to 1-68) Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There do not appear to be any significant natural or cultural features associated with the site. Robert Seim, LLC Agenda Item 3 Page 2 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 44,751 ADT 1 34,940 ADT'(LOS°"C") 64,260 ADT 1(LOS°"E") Existing Land Use 2-217 ADT North Budding Avenue No Data Available 6,200 ADT 1(LOS°"C") Proposed Land Use 3-213 ADT 11,100 ADT 1(LOS 4"E") 1 Average Daily Trips 2 as defined by a 0.37 acre 3 as defined by 5,900 square feet of ' LOS=Level of Service B-2 lot&a 0.193 acre R-5D medical office building lot Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation The request to rezone this parcel from B-2 Community Business District and R-5D Residential District to Conditional B-2 Community Business District to add additional parking to the medical office is, in Staff's view, compatible with the surrounding commercial land uses and is well buffered from the residences with landscaping and fencing. The applicant worked with Staff to propose adequate screening of the parking area to the residence to the south, and a site layout that respects the existing residential neighborhood. Based on the above, Staff recommends approval of this request subject to the submitted proffers listed below. 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: When Parcel B is developed, the Property shall be combined into one (1) Parcel, redeveloped and landscaped substantially in conformance with the Exhibit entitled, "REZONING EXHIBIT ATLANTIC EYE CARE FAMILY VISION CENTER 4217 Virginia Beach Boulevard, Virginia Beach, Virginia", dated January 4, 2017, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning "Layout Plan." Proffer 2: The following "USES" shall not be permitted on the Property: a. Assembly uses; b. Automobile museums, repair garages, engine repair, and service stations; c. Bars or nightclubs; d. Beverage manufacturing shops; e. Boat sales; Robert Seim, LLC Agenda Item 3 Page 3 f. Body piercing establishments; g. Bulk storage yard; h. Car wash; i. Craft breweries; or distilleries; j. Eating and drinking establishments with drive-through windows; k. Grocery stores; I. Heliports; m. Liquor store; n. Motor vehicle sales or rentals; o. Mobile home sales; p. Tattoo parlors; or q. Wine tasting rooms. Proffer 3: Further conditions may be required by the Grantee during Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Any references hereinabove to the B-2 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach,Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. Staff Comments: The proffers listed above are acceptable. They provide assurance that the development of the site will be as depicted on the proffered site layout. 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. Robert Seim, LLC Agenda Item 3 Page 4 Proposed Site Layout 4.1 ^Og 2" t� /� I y !;. 1j ; •1 Y N � a 1 L r.*,.OoOoOe eisi ft 1 '[{ Itowns AI 03 StI ^ 1 , 1 0 1 :I-1- _ d Om I ^, I o w 1 Ne t - d , C O 0 __ - I— 1I 1 1 • 1 1. t - I • I I I I I I WN� 1 If— — — —i '1 .� M o I II a 1�. ' 'L"' $a it Pi II I I ii Yqo �o r II II h- ! _ ' a 3 E LLJ i I- 1 F , 4 1 • 1 IS I 1 w z IW 0 II � = , 4 2 U el I nr j f dt 0 j. 1 H m z J 0 1 n F / cc >° J > US — Q z co O L U -,1-----------:/i1 5 z ;.n..a.- r W m ¢ 01111A371708140V311YNgyA U U W '= wm a Y $$ R I-- Qx Zw z ZT ZQzo Y 7; • F S S zJ > — S� Off" N u 5e .. ¢Q v Q 4I p. g ■ !: S gan rj /..' C a0 -5 ?4 gfl? q' g-0 VI• 1 v p & Robert Seim, LLC Agenda Item 3 Page 5 Site Photos s t ', ' ' 4 l•ri • "‘` .. ,..._ .... , ........ - -1 4,:•.• r:,,,. '1' 1.••''1, . '• % tr •Yi' •C'•1 ... . . • • ;11, ' • , .....— CO e) l ... . ....g .............. . 4.,......., ., - - ,.. • ' 'N. . . . -Eito'l•"*.°4:5‘;-$"k ' f ';'•-.4. ,-:'' 't-',:',t'-'.+:4'!,..-1.i.°"- ;,4,-, ''• • ,-1'n''.4...':,_',';.,Y4.?"':,,f-''''''' . • iv' • . • - - •. ., ,. • • , , , • -- - - -k • '--,;,-,', .,,,---- ------ •.-• ---',.(''..,!,.,t."*--`;•••'"$,.... . ,• .:'•4., ' 1Pr;•-• ,,... . • .......,:-4,, . • , • -, ..--!.‘-!;r,-, -,.•‘-:. "' •- *-4•:*1•? ; •, - 1, '',.011' \` ', •••••..••• -..• •.,-.•. A...•,... .r. % , . . ‘•e„, ,....,,:14-a ,,.'.:f. .'.,, ' ..1` '. .A."'.7#46,.,_. ...::tt,:- . .,. v , !,.:,.... .77.-..,..,...,.... , .. . - ... - A1 • -;•'•-• , I-,, 0,•,.. ' ' ' .,,s, ''' • • ?• ' ir---r,> • ' •-•1Yi. •V- ti.-4-P,' ' ' • ' t ^1.- ,•; •:• ' - 4,1• ,.7."Fe'116-' .._......, , .. :Mt,'1' ''' '-•••- f,lp)-0,4-1/,_ r 1 ••,..,',i) frif;• — •--... •••- . . , -•- .,•! ,f i . • ,.. , ........-7- -21... . • . . • •., - .1 • ... , . „ Robert Seim, LLC Agenda Item 3 Page 6 Disclosure Statement Virginia Beach APPLICANT'S NAME Robert Seim, L.L.0 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness —— Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All onroSJres mem be update°prof reeks p tat m aw Page l of 7 nnp".pg C 1nn.1sslo1,am City Cem^au neemmi that pei lairs to tile a L[anents iAPPLICANT NOTIF ED OF NEARING — DATF NO CHANCES AS OF DATE SWUM...15 Jonathan Sanders REVISIONS SUBMITTED DATE Robert Seim, LLC Agenda Item 3 Page 7 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name'. Robert Seim, L.L.C. If an LLC, list all member's names'. Robert Seim, Manager If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity z 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 propene owner Is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. • Check here if the PROPERTY OWNER ISa 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 Seim, LLC Agenda Item 3 Page 8 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 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, Oil 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 entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis, or there is otherwise a close working relationship between the entities" See State and Local Government Conflict of Interests Act. Va.Code 5 213101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELV Page 3 of 7 Robert Seim, LLC Agenda Item 3 Page 9 Disclosure Statement APPLICANT Virgin YEJ NO SERVICE _ PROVIDER I^zeaaedtlisionn sheets if x Accounting and/or preparer of your tax return lXI ❑ Architect/Landscape Architect/ WPL Land Planner Contract Purchaser(if other than X the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property L (identify purchaser(s)and purchaser's service providers) nZ Construction Contractors Xn Engineers/Surveyors/Agents WPL Financing(include current Wallee Enterprises,L.L.C.(Private mortgage holders and lenders Financing);BBBT selected or being considered to provide financing for acquisition or construction of the property) n ❑ Legal Services R.Edward Bourdon,Jr.,Esquire Real Estate Brokers / nn Agents/Realtors for current and anticipated future sales of the sub'ect .rorert e , SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have l an interest in the subject land or any proposed development L 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 Seim, LLC Agenda Item 3 Page 10 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or m ting of any public body or committee in connection with this Application. �. Robert Seim, Manager APPLICANT'S SIGN Tune PRINT NAME DATE Robert Seim,L.L.C. Page 5 of 7 Robert Seim, LLC Agenda Item 3 Page 11 Item#3 Robert Seim, L.L.C. Conditional Rezoning 216 N. Budding Avenue&4217 Virginia Beach Boulevard District 5 Lynnhaven April 12, 2017 CONSENT An application of Robert Seim, L.L.C.for a Conditional Rezoning (8-2 Community Business& R-5D Residential to Conditional B-2 Community Business on property located at 216 N. Budding Avenue & 4217 Virginia Beach Boulevard, District 5, Lynnhaven. GPINS: 1477-95-3193-0000; 1477-95-3092-0000. PROFFERS PROFFER 1: When Parcel B is developed, the Property shall be combined into one (1) Parcel, redeveloped and landscaped substantially in conformance with the Exhibit entitled, "REZONING EXHIBIT ATLANTIC EYE CARE FAMILY VISION CENTER 4217 Virginia Beach Boulevard,Virginia Beach,Virginia",dated January 4, 2017, prepared by WPL,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning"Layout Plan." PROFFER 2: The following"USES" shall not be permitted on the Property: a. Assembly uses; b. Automobile museums, repair garages, engine repair, and service stations; c. Bars or nightclubs; d. Beverage manufacturing shops; e. Boat sales; f. Body piercing establishments; g. Bulk storage yard; h. Car wash; i. Craft breweries; or distilleries; j. Eating and drinking establishments with drive-through windows; k. Grocery stores; I. Heliports; m. Liquor store; n. Motor vehicle sales or rentals; o. Mobile home sales; p. Tattoo parlors; or q. Wine tasting rooms. PROFFER 3: Further conditions may be required by the Grantee during Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Any references hereinabove to the 13-2 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Item#3 Robert Seim, L.L.C. Page 2 Virginia Beach,Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. Eddie Bourdon: There is one thing that is not in the write up but I'm just going to put it out there. Dr. Seim's existing Unconditional B-2 parcel is only 16,200 square feet and thus is non-conforming. With this, in addition to getting rid of the potential uses that would not be compatible with the neighborhood, incompatible uses would make the lot conforming,which was not something that was written up, but it is something that is important to know. 20,000 square feet is the minimal lot size for B-2 parcel. It is only 16,200 square feet now. So,thank you. Dee Oliver: Thank you. A motion was made by Commissioner Oliver and seconded by Commissioner Horsley to approve item 3. AYE9 NAYO ABSO ABSENT 2 HODGSON ABSENT HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND ABSENT RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 9-0, the Commission approved item 3 for consent. S�141A BEyOyG 11� ,;.2 CITY OF VIRGINIA BEACH � .5 INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-9803 DATE: May 9, 2017 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson--50aDEPT: City Attorney RE: Conditional Zoning Application; Robert Seim, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on May 16, 2017. I have reviewed the subject proffer agreement, dated January 30, 2017 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ks Enclosure cc: Nancy Bloom • ROBERT SEIM, L.L.C.,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 3001 day of January, 2017, by and between ROBERT SEIM, L.L.C., a Virginia limited liability company, Grantor; and THE CITY OF • VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: • WHEREAS, the Grantor is the owner of two (2) parcels of property located in the ISI Lynnhaven District of the City of Virginia Beach, Virginia, containing approximately 24,600 square feet, which are more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, said parcels are hereinafter referred to as the ' "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from Unconditional B-2 Commercial 'I' District (Parcel A) and R-5D Residential District (Parcel B) to Conditional B-2 Commercial District; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the B-2 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. GPIN: 1477-95-3193-0000 • PREPARED BY 1477-95-3092-0000 S,13 SYKES.BOURBON. I- AIILIiN&L[fl,PC. Prepared By: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Blvd. Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro ao for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title and which will not be required of the Grantor until Parcel B is developed: When Parcel B is developed, the Property shall be combined into one (I) Parcel, redeveloped and landscaped substantially in conformance with the Exhibit entitled, "REZONING EXHIBIT ATLANTIC EYE CARE FAMILY VISION CENTER 4217 Virginia Beach Boulevard, Virginia Beach, Virginia", dated January 4, 2017, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning"Layout Plan"). 2. The following "USES" shall not be permitted on the Property: a. Assembly uses; b. Automobile museums, repair garages, engine repair, and service stations; c. Bars or nightclubs; d. Beverage manufacturing shops; e. Boat sales; f. Body piercing establishments; g. Bulk storage yard; h. Car wash; i. Craft breweries; or distilleries; j. Eating and drinking establishments with drive-through windows; k. Grocery stores; I. Heliports; m. Liquor store; n. Motor vehicle sales or rentals; o. Mobile home sales; p. Tattoo parlors; or PREPARED BY q. Wine tasting rooms. S B SACS ROIUDON, A"L AIIERN&LEVY.RL. 3. Further conditions may be required by the Grantee during Site Plan review and administration of applicable City codes by all cognizant City agencies and 2 I departments to meet all applicable City code requirements. Any references hereinabove , to the B-2 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and I' accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall I' 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 I. Property at the time of recordation of such instrument, provided that said instrument is 1'I consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (i) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to PREPARED BY. S Il Srets. UoilimoN, deny the issuance of any of the required building or occupancy permits as may be Al Au4RS&IAV',kr, appropriate; 3 (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 BY Sy 13 SYRFS. BOl1W)ON. A'I. AHRN R 11-TY.I'(. 4 WITNESS the following signature and seal: Grantor: Robert Seim, L. . ., a Virginia limited liability company By: (SEAL) Robert.eim, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 31st day of January, 2017, by Robert Seim, Manager of Robert Seim, L.L.C., a Virginia limited liability company, Grantor. Notary Public My Commission Expires: August 31, 2018 _ TA. 7 . Notary Registration Number: 192628 .uc ...u.. • PREPARED 6Y. S 6 SYKES. ROLTRUON, N'L AIIERN&LLYY.1).1. 5 EXHIBIT "A" 1. PARCEL A: ALL THOSE certain lots, pieces or parcels of land, with the buildings and improvements thereon, and the appurtenances thereunto belonging, situate in the City of Virginia Beach, Virginia, and known, numbered and designated as Lots Numbered to, 11, 12 and part of Lot 13, Block 21, Property of G.W. Deal, Map No. 2, which plat is duly recoded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Deed Book 63, at Page 424, said lots of land taken together being more particularly bounded and described as follows: SII BEGINNING at a pin in the southern line of Virginia Beach Boulevard where it is intersected by the eastern line of Budding Avenue (formerly Maple Avenue), thence running in an easterly direction along the southern line of Virginia Beach Boulevard, as presently constituted, South 82 degrees 55' East, 120 feet to a pin; thence South 7 degrees 10' West, 135.07 feet to a pin in the northeastern corner of Lot 9 on said plat; thence North 82 degrees 50' West, 120 feet to a pin in the eastern line of Budding Avenue (formerly Maple Avenue); thence in a northerly direction along the eastern line of Budding Avenue North 7 degrees 10' East, 134.90 feet to the Point of Beginning. GPIN: 1477-95-3193-0000 PARCEL B: ALL THOSE certain lots, pieces or parcels of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lots Eight (8) and Nine (9), in Block Twenty-one (21), Property of C.W. Deal Plat No. 2, Near Jacksondale, Kempsville Borough, Virginia Beach, Virginia, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 70, at Pages 7 thru 7D. GPIN: 1477-95-3092-0000 H:AAMVConditional Rezoning\Robert Seim, LLC\Proffer Agreement_clean 3-2o-0.don PREPARED BY. S 13 SUES.Rol1RIMiN. All_ AIIIItN&I FW,Rr. 6 Tm . I am 1- -----__ ----_,_ . , . ---____ . . 011 .. .. .. ..__ _..__ ... „.„. -----____ -----_ -- &-- ----- ---------__ -------_____ . - -4 ......_ -----. .__ -__ <.,..; I 01 _r- 1 r----Lr---En I—L-- i [ SIX 1 f :. _ ------ ---, •,, N\ '‘.% -- .. z a in Li 13 1 1 U •II\ ii C----/ / 1 A i CNI Cl CD . \ . (ilia, c\_________Th__,1 -11.,34• \ \_ -Ili,119 L. (.9 ICD --, I- 0,001 Ct p.) 0 i olo\ ---'\ ---, \ _------ / -._ 1i I\ L-1.-- 7 * . \ J-1 I ci, ,_______J o I ----- . - -________ --- C -----1 / --/ Jr-- . CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: R & R TATTOO, LLC [Applicant] 1479 GENERAL BOOTH, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) 1479 General Booth Boulevard (GPIN 2415565895) COUNCIL DISTRICT — BEACH MEETING DATE: May 16, 2017 • Background: The applicant requests a Conditional Use Permit for a Tattoo Parlor in a unit within an existing shopping center along General Booth Boulevard. The tattoo studio will include work stations for up to four artists. The proposed hours of operation are 10:00 a.m. to 10:00 p.m., Monday through Sunday. A variance was granted by the Board of Zoning Appeals in September 2014 to allow 68 spaces instead of the required 120 spaces and limiting the total amount of allowable restaurant area to 8,159 square feet. • Considerations: According to Traffic Engineering Staff, the proposed request is estimated to generate traffic that is comparable to the daily trip generation of a typical specialty retail business; therefore, no negative impacts are expected with this use. As the proposed tattoo parlor will be located within a vacant unit in the existing building, no exterior changes to the building, other than signage, and no changes to the site layout are proposed. Staff has recommended a condition to address signage, consistent with recent Conditional Use Permit applications for Tattoo Parlors. Chapter 23 of the City Code establishes standards for disclosure, hygiene, licenses, waivers, proof-of-age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. The applicant is aware of these requirements. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request, subject to the conditions below. R&R Tattoo, LLC Page 2 of 2 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any onsite signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting r - . . ink fres gency: Planning Department4 City Manage Applicant R & R Tattoo, LLC Agenda Item Property Owner 1479 General Booth, LLC Public Hearing April 12, 2017 2 cuyof City Council Election District Beach Virginia Beach Request a Conditional Use Permit (Tattoo Parlor) D,'a B..,...y /c Staff Recommendation : 1 Wy Approval ; `v Woodcock Lane - S kora lane Staff Planner y f >75 dB DNL 8 •0 Robert Davis +Bkwood cy D Snowbird Lane In Location reach Lane 1479 General Booth Boulevard m GPIN i / 2415565895 D F 70 5 dB DNL Site Size 1.415 acres AICUZ Greater than 75 dB DNL Watershed Chesapeake Bay II Existing Land Use and Zoning District prrl„... .7-A4. ., ,0 Mixed retail, restaurants/ B-2 Community 11 .,---0. I r. Business i � .1 ya Wim" :_ " . r-. l - •_ N _�S' - 1�' Surrounding Land Uses and Zoning Districts �aT`�= North G . _`ll 1 ';r�. . --'"` f o` Private school, single-family dwellings/ B-2 : I•` : 7. ..;....= "-- t°', ,Co Community Business, R-5D Residential, AG-2 r i Agricultural • c � ' r, �`- � . r'• o South ,,^. : .- Restaurant, mixed retail/ B-2 Community .1, e t e •, - � S .1 ' Business .1. East ` 'C , -. General Booth Boulevard City park/ P-1 Preservation t:. �. `+` { = ,• i,f4 .a-art . .. West Electrical substation/AG-2 Agricultural R & R Tattoo Agenda Item 2 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Use Permit for a Tattoo Parlor in a unit within an existing shopping center. • According to the application, the tattoo studio will include up to four work stations. The proposed hours of operation are 10:00 a.m. to 10:00 p.m., Monday through Sunday. • The proposed sign above the entrance will be a metal frame with plastic composite letter panes with individually lighted letters on a raceway, consistent with other signs on the building with regard to size and style. No window signs or neon accents are proposed. • No changes are proposed to the site layout or to the exterior of the building, other than the signage described above. • A variance was granted by the Board of Zoning Appeals in September 2014 to allow 68 spaces instead of the required 120 spaces and limiting the total amount of allowable restaurant area to 8,159 square feet. According to Traffic Engineering Staff,the proposed request is estimated to generate traffic that is comparable to the daily trip generation of a typical specialty retail business; therefore, no negative impacts are expected with this use. s-2/ 4'! e2 Zoning History ctAtctcadee Can•, # Request R- b. . • 1 REZ(AG-2 to B-2)Approved 10/21/1985 t >75deDNL F_1 2 CUP(Religious Use)Approved 9/10/2002 AO 1 AG-2 - moo 3 CUP(Motor Vehicle Rentals)Approved 09/25/2001 CUP(Indoor Recreational Facility)Approved 02/13/1996 I CUP (Religious Use)Approved 05/11/1993 CUP(Bulk Storage Yard)Approved 06/25/1990 3 / g PP B-2 4 REZ(AG-2 to B-2)Approved 01/28/1985 B. Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard again possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive.The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. (p. 1-61) R & R Tattoo Agenda Item 2 Page 2 Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay Watershed. There do not appear to be any significant natural resources or cultural features associated with the site as it is fully developed with a shopping center and parking lot. Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation The proposed Conditional Use Permit for a Tattoo Parlor is consistent with the Comprehensive Plan's land use policies for the Suburban Area and is consistent with the commercial nature of the surrounding properties. According to Traffic Engineering Staff, the addition of a tattoo studio at this location will have no impact on traffic movements along General Booth Boulevard, nor is it expected to generate traffic above a typical specialty retail operation. As the proposed tattoo parlor will be located within a vacant unit in the existing building, no exterior changes to the building, other than signage, and no changes to the site layout are proposed. Staff has recommended a condition to address signage, consistent with recent Conditional Use Permit applications for Tattoo Parlors. Prior to operating on the site, the applicant is required to obtain a business license, and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code.This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. For the reasons stated above, Staff recommends approval of this application, subject to the conditions below. Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any onsite signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors.There shall be no window signage permitted. The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. R & R Tattoo Agenda Item 2 Page 3 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. R & R Tattoo Agenda Item 2 Page 4 Proposed Site Location ir ' ...,44„.., --:....," ••i - - , ., : . .... ..-r-) ... - 1 . . ,..,,. - ,.. vii) ,..„. ,.. _ •.... ii, , , ,,- . , . ,, , .... .. 4. .e... 1 ......., . ..• A - . t., 0 ,. . • .... ,,, ,,,,,, vi . ,.., \ .. / ..,.. I . '1,, E :,*1. ;bar __-__ _ �,„ ,. . , . _ ; .., r .. •i • St - 14 '' i i 4 A /64 ::: 1) , - .re, / ..? i ,,/ 3 41,.. / ,. .< A 1 ....a...... • i J/(—//7///�/ • 416-7 ...._k 1 f 1 L{, - eL tak , •...:. ...___rl,l '+ ` ' `7; #At )r' • ti; 4 Ji 1 4`4. I , / : , :. 4 to • A ;1 ' .�1 • •; - . ' x_ , I tai 44, ■ + 7 lie J7 r' 1 IL i -F #, _;fes �,' R & R Tattoo Agenda Item 2 Page 5 Site Photos k. r _� ,+.. � ' ' + .. " .A. _.. 'r • '- .ate ,. ,r}� '. T Y Approximate Location •+� Li t i tet. s i 111100,,, R & R Tattoo Agenda Item 2 Page 6 Conceptual Sign Rendering ` t jumi TATTOO C CIGARETTES Y, !raw ft.w - moi Sy7 a �� a. - 4•4 tt: ' y.. R & R Tattoo Agenda Item 2 Page 7 Disclosure Statement Virginia Beach APPLICANT'S NAME R is R Tattoo 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 X Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • e SECTION 1 / APPLICANT DISCLOSURE rc acn r'osr oNr r „a,r.� rsr% - Page I of 7 _cosi _ , etii s 0 APE I ANI NOT ILL)Of HEARING DATF NO C1,ANG ES AS or r) r 3)7/9,oi 7 Robert Davis 9 PLvISIONs saov.irrFr) cA-_ R& R Tattoo Agenda Item 2 Page 8 Disclosure Statement 1. LB Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm. business, or other unincorporated organization. 4. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:R&R Tattoo If an LLC, list all member's names: Anthony Riccio Michael Rickards If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes[ and 2 • e SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Aoolkan(. D 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:1479 General Booth, LLC If an LLC, list the member's names:Tim Costen, John Merenda Page 2 of 7 R& R Tattoo Agenda Item 2 Page 9 Disclosure Statement YL Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below- (Attach Un if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner (Attach list if necessary) "Parent-subsidlary relationship' means 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 "Afliated 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.(li)a controlling owner in one entity Is also a controlling o er In the other entity,or (iii) there is shared management orcontrol between the business entitiess. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regularbasis; or there is otherwise a close working relationship between the entities' See State and Local Government Conflict of Interests Act, Va.Code 5 22-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business ooeratinq or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELV _ - -- Page 3 of 7 R& R Tattoo Agenda Item 2 Page 10 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ ❑ Accounting and/or preparer of MR)John%Tax Service your tax return AR)Mark L.Bassett CPA ❑ 'A Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser(jf other than the Aoolicant- identify purchaser and purchasers service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchasers service providers) ® Construction Contractors El ® Engineers/Surveyors/Agents Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) NLegal Services Nbloott Rivers Cates(Luny Corans) Real Estate Brokers / JMS Commerdal �fl n Agents/Realtors for current and anticipated future sales of the subject property 4 • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 R& R Tattoo Agenda Item 2 Page 11 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the Information contained in this Disclosure Statement Form is I complete,true, and accurate. I understand that, upon receipt of notification that the application has been I scheduled for public hearing, I am responsible for updating the information I provided herein two weeks prior to the Planning Commission, Council, VEDA I meeting, or meeting of any public body or committee in connection with this IA.•lication. _ > - _ Allvri. r/e't/ �UO-� /'3: —17 PROP R �'N�—•ATORE I PRINT NAME DATE Page t of 7 R& R Tattoo Agenda Item 2 Page 12 Disclosure Statement OWNER vrgina Beach YES NO SERVICE PROVIDER ruse additional sheets if needed) fl 0 Accounting and/or pre parer of Cavanaugh Nelson PLC(Mark your tax return Nelson) ▪ ® Architect/Landscape Architect/ Land Planner Contract Purchaser(jf other than ® the AoolicAnt)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ' purchaser of the subject property (identify purchaser(s)and I� purchaser's servke providers) I I m Construction Contractors • ns Engineers/Surveyors/Agents Financing(include current Southern Bank ▪ ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® Legal Services • Real Estate Brokers / JMS Conenerdal ❑ 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 R& R Tattoo Agenda Item 2 Page 13 Disclosure Statement V3 Virginia Beach CERTIFICATION: r I I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this A lication _TJ C � 1 APPLICANT'S SIG __ -1 PRINT NAME DATE n Page 7 of 7 R& R Tattoo Agenda Item 2 Page 14 Item#2 R&R Tattoo, L.L.C. Conditional use Permit 1479 General Booth Boulevard District 6 Beach April12, 2017 CONSENT An application of R& R Tattoo, L.L.C.for a Conditional Use Permit(Tattoo Parlor)on property located at 1479 General Booth Boulevard, District 6, Beach. GPIN: 2415-56-5895-0000. CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any onsite signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance,and there shall be no neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows,or on the doors.There shall be no window signage permitted.The building signage shall not be a "box sign"and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. A motion was made by Commissioner Oliver and seconded by Commissioner Horsley to approve item 2. AYE 9 NAY O ABS O ABSENT 2 HODGSON ABSENT HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND ABSENT RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 9-0,the Commission approved item 2 for consent. The applicant Anthony Riccio appeared before the Commission. N 1 O Q / Q 0 N , 0 1 v- / VZ f' Q4 00 O "N7 13N• N ii: / /110444, tCili 14441:3 Q I> N a i 0 Q v , . ,.., N N co /\/:),M �c N \ ./ W : '1,\•'I G S �o m , J cl a� 1 W00, 1 O f.--Q0000: •-Apo ''-'"N„,\ ("3 , a ° Q \ 1 N \111111 ./iC r 'n Qo tel o '°C044;\ s � o 9 * a * / re ‘7' a / N, -,0 ---- = 0 4' ,„/ ' O'Attov ,? - <), tp,. .,_ ,,, „ L(? ,,g . 4, 1 Z 7114"1-7- , , a. m D4,4„b-e ;. ., °� r► Lh \ .� ____ 2n4,;. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: REED ENTERPRISES, INC. [Applicant & Property Owner] Conditional Use Permit (Auto Repair Garage) 3249 Dam Neck Road (GPIN 1495146175). COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: May 16, 2017 • Background: Two Conditional Use Permits have been approved on this site by City Council - Motor Vehicle Sales and Rentals (2016)and an Auto Repair Establishment(2005). The existing Automobile Repair Establishment on this site provides light repair services, such as oil changes, brake work and electrical work; however, more intense activities such as body repair and painting are not permitted without a Conditional Use Permit for an Automobile Repair Garage. The applicant recently acquired a paint booth with the intent to perform paint and body work on an adjacent parcel along Holland Road. As that building will not be constructed until the improvements to Holland Road are complete, the applicant is requesting a Conditional Use Permit for an Automobile Repair Garage for this site in order to temporarily operate the paint booth until the Holland Road site is operational. • Considerations: No changes to the exterior of the building or to the site layout are proposed with this request. The proposed temporary installation of a paint booth in the existing building on this site, in Staffs opinion, will not have any impact on any of the surrounding properties, as it will be undetectable from the rights-of-way. The request continues an auto-oriented use at this location without requiring any outside storage or modification of the high quality exterior of the building. Additionally, as with the existing services offered, no work outside of the building is requested or will be permitted. 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, with the addition of Condition 6 that limits the use to three years, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. The conditions of the 2016 and 2005 Conditional Use Permits for Motor Vehicle Sales and Rentals and Auto Repair Establishment shall remain in effect. 2. All motor vehicle repairs and painting shall take place inside the building. Reed Enterprises, Inc. Page 2 of 2 3. No outside storage of vehicles in a state of obvious disrepair shall be permitted. 4. No outside storage of equipment, parts or materials shall be permitted. 5. No tires, merchandise, or parts for sale shall be displayed outside. 6. The Conditional Use Permit for the Automobile Repair Garage shall expire within three (3) years of the approval or upon the opening of the Automobile Repair Garage on the adjacent property located at GPIN 1495138628 whichever occurs first. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. ( �� Submitting Dep e ency: Planning Department(Alaa-4 City Manager: Applicant & Property Owner Reed Enterprises, Inc. Agenda Item Public Hearing April 12, 2017 City Council Election District Princess Anne 4 City of Virginia Beach Request 1 p�" Storm&�LooO Conditional Use Permit (Automobile Repair LeWc Orr. A Garage) 090 Of g Qoe w Staff Recommendation 65-70 dB DNL �A o�% „Sae L APZ2 Approval �°'�, Ge`/ / Staff Planner Bn,„ 7 / r WM Ohro',a, Robert Davis i ryas APZ2 / ��7�4 ��i 'Y)`— s Location .��s .' .,oar/4 m 3 �' 3249 Dam Neck Road ,� m „,•,...wnv GPIN s g��%17. J 70.75 d8 DNL 4 1495146175 �',•� Nettle Street sarberry Wo! Y`°r Maple O'" Site Size 1.92 acres AICUZ 70-75 dB DNL; APZ 2 Watershed Southern Rivers Existing Land Use and Zoning District ,,/ % ali,, Auto repair& sales /Conditional B-2 Community Business O. • 4 + * I..1, r te . e Surrounding Land Uses and Zoning Districts J • �G • �` �.. '�, North `C1 a ems: w y ' Automobile repair and fuel sales/Conditional `‘ 4- a !,,,,,t`" `' : B-2 Community Business /cr' ,' ,�� h"- 4. South . 5*' ,' `� 'i Single-family dwelling, wooded/AG-2 * ..... Agricultural, Conditional B-2 Community ''',,,,-,,,o, r-� , Business 4 +1 a, y •y0,4. East '!� Holland Road v Vie' !� 't;: '��+4^ 'Q f , -,b As r O Animal Shelter/ 1-1 Light Industrial �. `>r j .` ,, 'p West Dam Neck Road Single-family dwellings/ R-5D Residential Reed Enterprises, Inc. Agenda Item 4 Page 1 Background and Summary of Proposal • Two Conditional Use Permits have been approved on this site by City Council; one in July 2016 for Motor Vehicle Sales and Rentals and, one in February 2005 for an Auto Repair Establishment. • The applicant also owns the adjacent parcel to the south that was approved for a Conditional Use Permit on October 2013 for an Auto Repair Garage.This parcel fronts a segment of Holland Road currently under construction that is scheduled for completion in October 2017. Once completed, the applicant plans to begin construction for the repair garage. • The applicant's existing Automobile Repair Establishment on this site can perform light repair work, such as oil changes, brake work and electrical work; however, more intense activities such as body repair and painting are not allowed. • Since Holland Road will not be completed for some time, the applicant is requesting a Conditional Use Permit for an Automobile Repair Garage for the subject site in order to install a recently acquired paint booth within the existing building. • No changes to the exterior of the building or to the site layout are proposed with this request. -i Zoning History Vy, / # Request R-7.5 / 1 CUP(Motor Vehicle Sales& Rentals)Approved 07/05/2016 l 1* rF AG-1/ CRZ(AG-2 to Conditional B-2)Approved 02/22/2005 O.2 CUP(Auto Repair Establishment)Approved 02/22/2005 2 CRZ(AG-2 to Conditional B-2)Approved 10/08/2013 RSD a CUP(Auto Repair Garage& Bulk Storage Yard)Approved 9. ' B 7„/ 10/08/2013 .'12--5D w' I"1 1-1 3 CUP(Animal Shelter)Approved 05/28/2002 5D' i 3 4 CRZ(AG-2 to Conditional B-2)Approved 07/03/2001 B- CUP(Auto Service Station)Approved 07/03/2001 ®� AK2 »s de oNLAPZ= 5 MOD Approved 10/09/2001 8 REZ(R-5D to I-1)Approved 09/14/1999 ' • B-2" _�* t 6 CUP(Communication Tower)Approved 02/23/1999 j ''‘)//0 % 7� 7 REZ(0-2 to I-1)Approved 02/14/1995 \_ ;' ado' /, 2•` 8 CUP(Communication Tower)Approved 06/09/1998 2 N° % /1`, �Q0ea/ REZ(AG-1 to I-1)Approved 12/05/1983 CUP(Bulk Storage Yard)Approved 12/05/1983 4Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard again possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with Reed Enterprises, Inc. Agenda Item 4 Page 2 complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. (p. 1-61) Natural and Cultural Resources Impacts This property 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. There do not appear to be any significant natural or cultural resources on the site as it is developed with an automobile business. Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation As noted previously, the subject site has Conditional Use Permits for Motor Vehicle Sales and Rentals and for an Auto Repair Establishment that were approved with the following conditions, which will remain in effect. Motor Vehicle Sales and Rentals 1. The sale of motor vehicles on the site shall be limited to no more than five at any one time. 2. There shall be no outdoor display of any motor vehicle for sale. 3. Other than a slight modification to the existing freestanding sign to add this use, no display of the motor vehicle sales operation shall be indicated on the building, on the roof or in the windows. Auto Repair Establishment 1. An access/cross reciprocal easement between the proposed development and the existing service station to the north and the property to the south shall be depicted on the final site plan. 2. The ingress/egress configurations for both Holland and Dam Neck Roads shall be subject to approval by the Department of Public Works, Traffic Engineering. 3. A photometric diagram plan shall be submitted to the Planning Department at the time of final site plan review. Said plan shall include the location and height of all lighting poles and the location of all building mounted fixtures. 4. The lamp type, wattage and type of fixture shall also be depicted on the plan. Taking in consideration these previously approved Conditional Use Permits, Staff's opinion is that the request for an Auto Repair Garage is generally consistent with the Comprehensive Plan's land use policies for the Suburban Area and complementary to the existing land use. The proposed installation of a paint booth in the existing building, in Staff's opinion, will not have an impact on any of the surrounding properties, as it will be undetectable from the rights-of-way. The request continues an auto-oriented use at this location without requiring any outside storage or modification of the high quality exterior of the building. Additionally, as with the existing services offered, no work outside of the building is requested or will be permitted. For the reasons stated above, Staff recommends approval of this application, subject to the conditions below. Reed Enterprises, Inc. Agenda Item 4 Page 3 Recommended Conditions 1. The conditions of the 2016 and 2005 Conditional Use Permits for Motor Vehicle Sales and Rentals and Auto Repair Establishment shall remain in effect. 2. All motor vehicle repairs and painting shall take place inside the building. 3. No outside storage of vehicles in a state of obvious disrepair shall be permitted. 4. No outside storage of equipment, parts or materials shall be permitted. 5. No tires, merchandise, or parts for sale shall be displayed outside. 6. The Conditional Use Permit for the Automobile Repair Garage shall expire within three (3)years of the approval or upon the opening of the Automobile Repair Garage on the adjacent property located at GPIN 1495138628, whichever occurs first. 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. Reed Enterprises, Inc. Agenda Item 4 Page 4 Site Layout / , • ,..,,. ._ , ... , . ,,,.. /- . -.. ......, • i , • / .,.....„.* ,,, , . . - . ...... . . • , , . ...„ , ... • . r 4 . . , , ,,. .. ..., , .. ,z , . .v... .•. • . • . . 2,1.-,. " ... , . •• . •. ... ...' t ik . . "t.. . .•. - ".. ^ '':-'."•-- -' ' 4 l',.4.4., '-':.- . - .t . .. ' --'-.. -• ... .-2.• `1P. ,. • ,, , . it.i, .....k. •", . . • ik _ • Nit . %.1...;,, . „ Repair Garage . . ._, .7'"-' • . .. , ''.. 1 ' ..7 ...e.'" . - ' .\\. '',.. , \ . • /,',',/ . . . • . . . , . \ . ...'.... ., i... ; . 4 .,,:' . .f., ,.., ,: IP' ''''' .. .• ...1f, -.... . , •,-.:f.:...1,1":-.4040,.: ,. ., .., ..,-'.-., -4. : , , .,. :. ‘ , . '...• 'Slop . „ . ..., . ... _ ...^ e . ' '•:.\ 211. .,— '&111'. . —... . Reed Enterprises, Inc. Agenda Item 4 Page 5 Site Photos 44. .. i y : . +\ f T -� � ® i. • 4 . _e- ,_ ,_____ _.____ Arramilv, 1111.11116 a _-.;,+ars,.....41rs 44. 4.P'..41.:...,-1?-'.._; - . i:; ,_,:_ti, .,.. _ . _ .. , ittf. . 1 . ___ gill „ _ __ : _...:H . , __ ____ _ Is., ..4, . , ..._ . . .......„.. . .k. , , ,,,„„..,, , _:::: , ,\ i • ... , , , , .,... .. .., v jai1 ' - _....-.. mil le Reed Enterprises, Inc. Agenda Item 4 Page 6 Disclosure Statement Virginia Beach APPLICANT'S NAME Reed Enterprises, Inc., a Maryland corporation 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) g 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. • a SECTION 1 / APPLICANT DISCLOSURE EOR Cry us oN icy e re a - Page 1 of 7 Dia/Hint] . .0 City n P a n� it 0 APPLICANT NOT EIED OF HEARING sl[ f� SiGNO CHANGES AS OF a'f Y��// Robert Davis REVISIONS SUBMITTED Reed Enterprises, Inc. Agenda Item 4 Page 7 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑X Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Reed Enterprises, Inc. If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Neal Reed, President; Manjula P. Reed,Vice President (B) List the businesses that have a parent-subsidiary r or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotest and 2 • , SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if provenv owner is different front Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm. business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Reed Enterprises, Inc. Agenda Item 4 Page 8 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner. (Attach list if necessary) I "Parent-subsidiary relationship" means "a relationship that exists when one corporation indirectlyc aer directly or capossessing ort than 50 percent ofthe voting power of another corporation" See State and Local Government on/list of Interests Act,Va. Code 4?2-3101. 2 'Affiliated business entity relationship" means "a relationship, other than pest in her relationship, that,O a exists when (i)one br in e entity has a controlling ownership interest er the other business entity,re)a controlling rec in r one entity we In also a controlling ng owner in the other entity,bor e cio1 considered is shared managementtheexistence or of between the business entities rely factors that shouldthathe nsid ers insubstantially bs determiningithe ame tis an affiliated manage entityworelationship include that the same person or ds or assietthe same person own orthe u the two entities;mthere are common or commingrwise funds or assets; the business p entitiessol share the lar of the same officesor employeeslsor e otherwise share activities, resources or personnel onregular basis', or there is otherwise a dose working relationship betweethe entities. See Stateand Local Government Conflict of Interests Act, Va.Code § 2 2-3101. • a SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business ooeratinq 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 SEPERATELl Page 3 of 7 Reed Enterprises, Inc. Agenda Item 4 Page 9 Disclosure Statement APPLICANT virgin YES [NOJ SERVICE PROVIDER(useadditional sheets if 1, __... needed) Accounting and/or preparer of your tax return n Architect/Landscape Architect/ Neil E.Bristow,Architect Land Planner Contract Purchaser(if other than the Apolicant)-identify purchaser and purchaser's service providers Any other pending or proposed I ❑ Ix purchaser of the subject property I/� (identify purchaser(s)and purchaser's service providers) XConstruction Contractors ✓ ri Engineers/Surveyors/Agents Land Design&Development Inc. Financing(include current )(ankh Bank tide Bank of Hampton ❑X n mortgage holders and lenders Roads selected or being considered to provide financing for acquisition or construction of the property) Xn Legal Services R.Edward Bourdon.Jr.,Esquire • Real Estate Brokers/ nE 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 ❑ vi 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 Reed Enterprises, Inc. Agenda Item 4 Page 10 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. _ ,....V. 2:1-11//7 _ Neal Reed, President-- i/31�i7 Appii s NATURE PRINT NAME DATE Reed Enterprises.Inc. Page 5 of 7 Reed Enterprises, Inc. Agenda Item 4 Page 11 Item#4 Reed Enterprises, Inc. Conditional Use Permit 3249 Dam Neck Road District 7 Princess Anne April 12,2017 CONSENT An application of Reed Enterprises, Inc.for a Conditional Use Permit(Automobile Repair Garage)on property located at 3249 Dam Neck Road,District 7, Princess Anne. GPIN: 1495-14-6175-0000. CONDITIONS 1. The conditions of the 2016 and 2005 Conditional Use Permits for Motor Vehicle Sales and Rentals and Auto Repair Establishment shall remain in effect. 2. All motor vehicle repairs and painting shall take place inside the building. 3. No outside storage of vehicles in a state of obvious disrepair shall be permitted. 4. No outside storage of equipment, parts or materials shall be permitted. 5. No tires, merchandise,or parts for sale shall be displayed outside. 6. The Conditional Use Permit for the Automobile Repair Garage shall expire within three(3)years of the approval or upon the opening of the Automobile Repair Garage on the adjacent property located at GPIN 1495138628,whichever occurs first. A motion was made by Commissioner Oliver and seconded by Commissioner Horsley to approve item 4. AYE9 NAYO ABSO ABSENT2 HODGSON ABSENT HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND ABSENT RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 9-0,the Commission approved item 4 for consent. Item#4 Reed Enterprises, Inc. Page 2 Eddie Bourdon appeared before the Commission on behalf of the applicant. .sr..' 0--, „ fo.. ,,.7.. ...., J tB '} I r iii I- No 42' ii<Appk' < 4 M T r' -_' t~ it O /41/ Li._I , ---- ---7-7,_-__,...._, W/r• 0 I. /N( \''' '<...%' -r-Se • V • J rti ` 1 r---1 • _••7 - _ ire 0 ff , r`- L. LUI ii..y.L._ < t "in -al __,_. ..._ . --- ITS/' 46417-2 ,..,-13_211°. ;;,. ;1:7 :J. ff f f ry l I f C_-•� it--t 01\ri-''''' ta NII ,....,,, 1.1\46.: -1, ,. 1 ' "••-01\,...---------:::...."44011 Shibiri,. 1 1 /////h ii______M c_----- _ 0 ,, 'N''''''........................ ibbh wig/ __--1 _ , f_i__ illr •- • ic 440' ---- _,_,C1-7 raC 4 ..,_ ' rr , C\II ,e---, .. dr tp_ it N'' ------ I thr ii ' - 1401 *-3 'i ti p4C _ _%Ill ' m�r4441 - 1f r j---,e __„, kit' '.----::: , aft .14'r. to/ }a *� err 4. V-7Zerl- L I i' +�� N i 1 r lt, f ~ ittri CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: USF S&H VIRGINIA, LLC [Applicant] DAM NECK CROSSING, LLC [Property Owner] Conditional Use Permit (Indoor Recreation Facility) 1650 General Booth Boulevard (GPIN 2415541078). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: May 16, 2017 ■ Background: The applicant is requesting a Conditional Use Permit for a 70,000 square-foot Indoor Recreation Facility within a portion of the former K-Mart building along General Booth Boulevard. • Considerations: Upgrades to the entire building's exterior are proposed to include a stone veneer water table and entryway, and exterior insulation finishing system (EIFS) walls and cornices. The proposed reuse of a portion of this large building is, in Staff's opinion, a welcome improvement to this otherwise vacant structure. There is ample parking on this site to accommodate this use, as well as additional users in the remainder of the building. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. The exterior building design, size and materials of the portion of the building occupied by the Applicant shall be substantially in adherence with the submitted elevation exhibits entitled "EXTERIOR ELEVATIONS FOR ONELIFE FITNESS — DAM NECK GENERAL BOOTH BLVD, VIRGINIA BEACH VIRGINIA — ELEVATIONS OPTION A (Front Elevation and Side Elevation)" dated January 25, 2017, and prepared by Bernlohr Architects. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. USF S&H Virginia, LLC Page 2 of 2 2. Any onsite signage shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. 3. A Certificate of Occupancy shall be obtained prior to the operation of the Indoor Recreation Facility on this site. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departmen - cy: Planning Department ' wx� City Manager: lb —y14..'1 _ Applicant USF S&H Virginia, LLC Agenda Item Property Owner Dam Neck Crossing, LLC Public Hearing April 12, 2017 5 city=,) City Council Election District Princess Anne Virginia Beach Request n.•,c° Dam Neck Road Conditional Use Permit (Indoor Recreation // Facility) ! ; S' G Staff Recommendation >75d80NL 0 "6aeNa� `? 6�F4 v J` °o ° e` Approval `°= ,yR ‘,•,, 0- Galvani Drive 5. L° J O O I Staff Planner �' �__coy, -` r 4 J „.., Jonathan Sanders �; '°"4•d " • 7076 dB DNL G,� OCc 6570 dB OWL Location Jf4 G°^^"L7 ,,, 150 General Booth Boulevard �"' . %. °-. GPIN , �4 ° a �<, 2415541078 /W e P Marart Drive .. Site Size 12.71 acres AICUZ Greater than 75 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Vacant unit within a strip retail center/ B-2 r•;'-'r �' •t �:. Community Business • .� %, 44: e < / �, Surrounding Land Uses and Zoning Districts ,�' o North A�• :;',�' �c` t.. Single-family dwellings/AG-2 Agricultural ` !'.;;, 0, , . v /. Q3jk. ♦ �' , South .iii- -.._ _ j7 •.'i ` . ��b Woods/ B-2 Community Business Ts° `_ -'' .`.` East •":„..-:: ;�. , , si "� Woods/AG-1 Agricultural,AG-2 Agricultural • ate. ; ;`;y� West ,. `"�', a� '' ',` I.% •°7+ ; )'" General Booth Boulevard 4� f 7 • J Restaurants,gas station, single-family dwellings . . w #� yi, • / B-2 Community Business, PD-H1 Planned Unit 4 . ;' 'K r,.kir' n i, •� • Development USF S&H Virginia, LLC Agenda Item 5 Page 1 Background and Summary of Proposal • The applicant, a proposed tenant, would like to develop a 70,000 square-foot Indoor Recreation Facility within a portion of the former K-Mart building along General Booth Boulevard. As the size of the proposed Indoor Recreation Facility exceeds 7,500 square feet, a Conditional Use Permit is required. • The upgrades to the exterior facade of the building include a stone veneer water table and entryway, and exterior insulation finishing system (EFIS) walls and cornices. • The hours of operation are proposed as 5:00 a.m. to 11:00 p.m., Monday through Thursday, 5:00 a.m. to 10:00 p.m., Friday, 7:00 a.m. to 8:00 p.m., Saturday, and 8:00 a.m. to 8:00 p.m., Sunday. It is anticipated that there will be up to 80 employees. • There are an adequate number of parking spaces on the site to accommodate the proposed use and future uses in the remainder of the building. B"2. ♦ o nt1/0 \G"2 • 40 At. B� 1% Zoning History �� A ,W/ �. AG= # Request V 1 m .#4 / ; REà :` 2 tr)`D` 06/10/2003 o • `z.•�'� CUP(Mini Warehouse Facility)Approved 06/10/2003 6�` 1 2 1,7 / 44, � 3 CUP(Communication Tower)Approved 05/25/2010 '^-4ii0141 o A•t, cif Syti Q4441 ' ►Eft. tl 7;1 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. (pp. 1-59 to 1-68) USF S&H Virginia, LLC Agenda Item 5 Page 2 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. Given that the site is already developed with an existing shopping center and parking lot, there do not appear to be any significant natural resources or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic General Booth Boulevard 32,769 ADT 1 32,500 ADT 1(LOS 4"C") Existing Land Use 2—6,990 ADT 37,100 ADT 1(LOS°"E") Proposed Land Use 3—2,305 ADT 1Average Daily Trips las defined by 12.71 acres Sas defined by a 70,000 square-foot a LOS=Level of Service of B-2 Community Business fitness center zoning Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Along this stretch of General Booth Boulevard, the MTP proposes a six-lane facility within a 165-foot right-of-way. There are no roadway CIP projects planned for this area. Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation In Staff's view,the request for the proposed Indoor Recreation Facility to occupy a large portion of the shopping center is consistent with the land use policies for the Suburban Area of Comprehensive Plan, as the use is compatible with adjacent commercial uses. The proposed design changes to the facade will be an upgrade to the building's exterior and will provide the proposed gym its own identity. This proposed adaptive reuse of a large building is, in Staff's opinion, a welcome improvement to this otherwise vacant building. The existing number of parking spaces meets the minimum requirements of the Zoning Ordinance for the proposed use. Based on the considerations above, Staff finds the application to be an acceptable use and recommends approval of the request subject to the conditions below. Recommended Conditions 1. The exterior building design, size and materials of the portion of the building occupied by the Applicant shall be substantially in adherence with the submitted elevation exhibits entitled "EXTERIOR ELEVATIONS FOR ONELIFE FITNESS— DAM NECK GENERAL BOOTH BLVD, VIRGINIA BEACH VIRGINIA—ELEVATIONS OPTION A(Front Elevation and Side Elevation)" dated January 25, 2017, and prepared by Bernlohr Architects. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 2. Any onsite signage shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or USF S&H Virginia, LLC Agenda Item 5 Page 3 electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors.There shall be no window signage permitted. The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. 3. A Certificate of Occupancy shall be obtained prior to the operation of the Indoor Recreation Facility on this site. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. USF S&H Virginia, LLC Agenda Item 5 Page 4 Proposed Site Layout '°°° 70 CO yw" �pv) ��.-r fft'Os"ffti 7d M' ..2..sox1tKr)1 �> ---" --. - 'damn, oma —_ "�OTI�m +• •r s mT = 1101141.7"" 1 10e •V/ZT1 14,40. f 40414) as q2'' PI , ' t• 1L[.MSSt ..• 1 f2ig c�N i : ; ; ''1. 7 I Rr11• wrt.•I-" i- .c 7rftT • _ 8 31Q�T_ a~ i I as its s 1 !' u., J , 1 LI_! '510' .- v L.7C..�/ t0\1 ._pi,. ` t�, Got .,) POO W t . ''we .E:A3•ASS Sir!GYNNAS,uu 14 1 mi. -' • OK row CONST.TYPE'I000,40041.44.4/944 04 ' PACA.2411)d, 50 or 1. .' fco � .— - t?t-r ^ \ i w I sw. V 1 • _ \ TS% . '` 11'1 11. 1 i 1 vs—w w':[s Z"-- i d-d' I �' I ,et :00ikr» r =' IBI e0< \ n '1 1t tettw r ��-' -1 aer =T' - \: I '�f: g `~ �� �f CRS 19` LC I 1 S - --- ------, I at p tel 11 WO. 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M'7wM 7It i/ w+(rJ V. fir i ic1\. 'k 70 )•R5 a: tut Os ))pr 1•C 1047 s _ N'S' /707)Oe•70r))tx Proposed 70,000 SF �; �` rt•f/Cp 1 -' St........rQr ,� 1007/4 BOULEVARD ��.. _�— :rnr r r/., 71 Indoor Recreation - - -- -- - - - ®8►Al BOOTH BOULEVARD Facility VMWfl=7rIP5(01,,; " USF S&H Virginia, LLC Agenda Item 5 Page 5 Proposed Elevations and Color Scheme ♦1MOIIA H3VJ9 V1100111.1'.11.HIIXM MJNJ•J N 2777-0.1.:.?; Few«.7: u.... 7" I I V N(NldO'SNOUVA3-li I; I I )IJ3N 1411/U-SS3N113 3ifl3NO 1104i'd1Ai13101Y31XJ I9 I VS Y Y "` U U x W W " - Z z Q Z Q T Z • 0 0 N W co > ' 11114 W W J Z W W Z W I- I- f- W LI_ 0 Lt. _0 IX � �' J J 1 w W Z z i1 0 0 7 ? Y 5 Y l' , ...fill ; . � C m USF S&H Virginia, LLC Agenda Item 5 Page 6 Proposed Elevations ill E: OP-*it': '14. - ! W i Z 111 ---- 2 Ittk a 0 0 0 z W , Q Ll � > 1 T I- W W _/._.. - Q Z Z W O ~ o 1111l > . __ WU) W Li. I mit. w Z W ,,.I W Z ' __ Z • L. 0 H r 0 0 W W U.. I - _ W ,. _ 1 '- �(l it fib! J / h ,i, w ,.... 6 W k .....4., .,,L USF S&H Virginia, LLC Agenda Item 5 Page 7 Site Photos • eLry..Ai , t :A 7; is MEM- .-........... ;:+� � ate. .,�• AIL r"._ "4.1 • USF S&H Virginia, LLC Agenda Item 5 Page 8 Disclosure Statement Virginia Beach APPLICANT'S NAME USF S8H Virginia, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • e The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE l oa arr usF ONl v ;� Pagel of 7 r ❑ APPLICANT NOTIFIED OF HEARING A JS CytCHANGES NO AS OE - i5/T/17 Jonathan Sanders /Lj� REVISIONS SUPMITTEO USF S&H Virginia, LLC Agenda Item 5 Page 9 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. P Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:USF S&H Virginia, 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 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) US Fitness Holdings, LLC See next page for information pertaining to footnotes[ and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if poverty owner is different from Avvlicant. Ej 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:Dam Neck Crossing, LLC If an LLC, list the member's names:see attached list Page 2 of 7 USF S&H Virginia, LLC Agenda Item 5 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means `a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the mating power of another corporation' SeeSate 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 empbyees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and local Government Conflkt of Interests Act, Va.Code§ 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 USF S&H Virginia, LLC Agenda Item 5 Page 11 Disclosure Statement APPLICANT Virgin YES NO SERVICE PROVIDER(useadditional sheets If needed) I�I flAccounting and/or pre parer of Wyour tax return [ ] l� Architect/ Landscape Architect/ Bemlohr Architects vv �V I I Land Planner ❑ ® Contract Purchaser(if other than the Aoolirant)- identify purchaser and purchasers service providers Any other pending or proposed O ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors ® Engineers/Surveyors/Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) INLI Legal Services Troutman Sanders LLP Real Estate Brokers / [ 1 ISI Agents/Realtors for current and W 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 ❑ RI 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 USE S&H Virginia, LLC Agenda Item 5 Page 12 Disclosure Statement Vn idi 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. 4/7, AII1P Gs u, c,M.., APPLEANT'S LOA PRINT NAME DATE Page 5 of l USE S&H Virginia, LLC Agenda Item 5 Page 13 Disclosure Statement OWNER VirginiaY YES NO SERVICE PROVIDER(use additional sheetsn needed) I�I IQ� Accounting and/or preparer of I I v your tax return Architect/Landscape Architect/ Land Planner • ❑ Contract Purchaser(if 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 ® 0 Engineers/Surveyors/Agents Paul Slnek,Burgess and Niple Financing (include current Bank of Ozarks I�I mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® Legal Services David Graber,Esq. Real Estate Brokers/ SCG Retail A [ Agents/Realtors for current and I I anticipated future sales of the subject property • a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 USF S&H Virginia, LLC Agenda Item 5 Page 14 Disclosure Statement �>Y� vkyw.even 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 ryteting of any public body or committee in connection with this APPI i IQSIA�pry�,ILi1/II Ro6e-r< t� '49/7 PROPEY RTER NATURE PRINT NAME DATE Page 7 of 7 USF S&H Virginia, LLC Agenda Item 5 Page 15 Disclosure Statement Supplemental Disclosure for the Conditional Use Penult of USF S&H Virtdnia,LLC USF S&H Virginia,LLC("USE-VA")is a wholly owned subsidiary of US Fitness Holdings, LLC,a Delaware limited liability company("Holdings"). Holdings is the sole member of USF-VA USF-VA is a manager operated entity,with the sole manager being Holdings. The officers of USF S&H Virginia,LLC are: John Galiani: Co-Chairman Kirk Galiani Co-Chairman Brent Leffel: Senior Vice President Sabiha Malik: Secretary Mark S. Fisher: President and CEO Scott M.Thomas: Senior Vice President and CFO USF S&H Virginia, LLC Agenda Item 5 Page 16 Disclosure Statement Conditional Use Permit Application of USF S&H Virginia,LLC Members of Dam Neck Crossing LLC: Robert Raphael Susan Deane Brian Teppel David Firestein Steve Beberman 75 Post Avenue LLC 1744 Clay Avenue LLC Debra Ramey USF S&H Virginia, LLC Agenda Item 5 Page 17 Item #5 USF S&H Virginia, L.L.C. Conditional Use Permit 1650 General Booth Boulevard District 7 Princess Anne April 12, 2017 CONSENT An application of USF S&H Virginia, L.L.C.for a Conditional Use Permit (Indoor Recreation Facility) on property located at 1650 General Booth Boulevard, District 7, Princess Anne. GPIN: 2415-54-1078- 0000. CONDITIONS 1. The exterior building design, size and materials of the portion of the building occupied by the Applicant shall be substantially in adherence with the submitted elevation exhibits entitled "EXTERIOR ELEVATIONS FOR ONELIFE FITNESS—DAM NECK GENERAL BOOTH BLVD,VIRGINIA BEACH VIRGINIA—ELEVATIONS OPTION A(Front Elevation and Side Elevation)"dated January 25,2017,and prepared by Bernlohr Architects. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 2. Any onsite signage shall meet the requirements of the City Zoning Ordinance, and there shall be no neon,other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors.There shall be no window signage permitted.The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. 3. A Certificate of Occupancy shall be obtained prior to the operation of the Indoor Recreation Facility on this site. A motion was made by Commissioner Oliver and seconded by Commissioner Horsley to approve item 5. AYE 9 NAY 0 ABS O ABSENT 2 HODGSON ABSENT HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND ABSENT RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Item#5 USF S&H Virginia, L.L.C. Page 2 By a vote of 9-0, the Commission approved item 5 for consent. Robert Beamon appeared before the Commission on behalf of the applicant. -. ...—__, 4._if N.,/ N%-,,,,z 7K„\\.. "-- !,i)._D "".......csil / ...1'-'`,„.....,, 0 --iiip 1 all / / 0 ."- {-/-i----, Q 10 ft-7-- J-Z ii 4.,„ iiii(141/4,7, 1:0.4/ 1-,,,./ ____. 0 / 7-• 1---1 1.‘1—.) Nit ,/) ,,, /. -- re e 3 lir/ ° ,.---I4, ':'-'-'---1 rr? evoLli c s /j „..,--\, .'DT I.,/ \ Li. -___,3 -<,,/ ,,;,,, ...I . Air aQL c:27-3 ? Oblitet IDI-1-- 1.,.? .. 781410:1C:2j if E-j-3 (--) '<> C_Lii] / I i �r- -- I 1 f 4 ____________, I I __ a NI l JI li 1 co rot,j d �a �'- '+:„..7.7,-------. :::„.„.„..„----- LCNI . . 4---,..-. csi i N ti • I � % , ' t k0 7. co > O teor ° / 0 P'. Re- T----\ t ' � Q OK z ,....„ t ,i �, � "--,7.9Lr 0 \ \ ' ,\ . At:4;?'c ' 'N-\>\ '..cy . 4,...., 46f.r*--1,7 o Q ''''',/ Ce "479v C3 7 :.....„, . i Lai;OA \% \ 1 CD 4 roe a OC,• i k. ;:: :-;t1A•40 ..' N. '-4'1 1W / q -,- g 1, 1::.',11 i VTi15 ri',/ a i IX \II\\''' 1 rr iifr , CITY OF VIcee- RGINIA BEACH AGENDA ITEM ITEM: VALVOLINE INSTANT OIL CHANGE [Applicant] TMK FAMILY TRUST, FREDERICK T. STANT, III, TRUSTEE [Property Owner] Conditional Use Permit (Automobile Repair Garage) 2888 & 2890 Virginia Beach Boulevard (GPINs 1497365137, 1497364119). COUNCIL DISTRICT— BEACH MEETING DATE: May 16, 2017 • Background: The applicant requests a Conditional Use Permit for an Automobile Repair Garage in order to develop the site with a two-bay, oil-change facility. Services proposed include oil changes, tire service, engine repair and transmission work. No body work will be performed on the site. All repairs will take place within the proposed building. ■ Considerations: The proposal will redevelop an otherwise vacant outparcel within a shopping center at the busy intersection of Virginia Beach Boulevard and Lynnhaven Road. While the Lynnhaven Strategic Growth Area Master Plan calls for long-term redevelopment of the site with mixed-use non-residential uses, the proposed use is compatible with the existing auto-oriented and service uses along this stretch of Virginia Beach Boulevard. Staff deems the proposed use as acceptable until the market creates a transition of this area to the long-term vision established in the Lynnhaven Strategic Growth Area Plan. The building is designed with finishes that complement the surrounding area. Staff received one letter of opposition to this request. The opposition raised concerns related to the abundance of auto repair in the vicinity. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. With the exception of any modifications required by any of these conditions, the site shall be developed and maintained substantially in conformance with the submitted site layout entitled "Site Plan" dated 03/09/17, and prepared by Ceso. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. Valvoline Instant Oil Change Page 2 of 3 2. The Landscape Plan shall be developed and maintained substantially in conformance with the submitted layout entitled "Site Landscape Plan" on page 8 of this report. 3. The design, size and materials of the building shall be substantially in adherence, with the submitted elevation exhibits entitled "Valvoline Instant Oil Change Two Bay Right Hand Prototype Design (Exterior Elevations — Left Elevation, Right Elevation, Front Elevation, and Rear Elevation)" prepared by Ceso. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 4. As depicted on the site layout referenced in Conditions 1, a one-foot no ingress/egress easement shall be recorded along the property line at Virginia Beach Boulevard and North Lynnhaven Road west of the proposed entrance along Virginia Beach Boulevard to limit additional ingress/egress on Virginia Beach Boulevard and North Lynnhaven Road. 5. The freestanding sign shall be monument style with a brick base that matches the building, and shall be no taller than eight feet as measured from the ground to the top of the sign. 6. Any onsite signage shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. 7. All vehicle repairs shall take place inside the building. 8. No outside storage of equipment, parts, or materials shall be permitted. 9. There shall be no outside storage or display of tires. 10. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 11. There shall be no storage containers outside the building or in parking spaces. 12. The dumpster shall be enclosed with a either a solid fence or a wall constructed of brick that matches the building, not less than six-feet in height, and any required screening shall be installed in accordance with Section Valvoline Instant Oil Change Page 3 of 3 245(e) of the Zoning Ordinance and the City of Virginia Beach Landscaping Guide. 13. There shall be no decorative pennants, feather flags, streamers, air dancers, inflatables or other similar advertising items located on the site. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep men ncy: Planning Department& lb „ (J City Manager: Applicant Valvoline Instant Oil Change Agenda Item Property OwnerTMK Family Trust, Frederick T. Stant, Ill, Trustee �,�,��� Public Hearing April 12, 2017 6 Virginia Beach City Council Election District Beach Request 474,/ r, Conditional Use Permit (Auto Repair Garage) a 14O(1 .ry `�? m� 44p/fejs Staff Recommendation yF / r%, 3 Approval ; ,c-q_ r m Sha / 'ee 65-70 dB DNL Ce /'e, Che: Staff Planner Jonathan Sanders �'/y" Cay 70-75 dB DNL Location a%� Q"een Anne ROJd 2888 & 2890 Virginia Beach Boulevard �a 1111 GPINs 1497365137, 1497364119 v�Bl^u 8 Jo Site Size / >7 °s 0.84 acres - ���?9° b,.1 A I C UZ °m p°4. s. o Ie 70-75 dB DNL; APZ 2 z '� a Watershed o Chesapeake Bay e• '• 49-: c44j) l•, ''r ExistingLand Use and ZoningDistrict ' ' �' �' Vacant/ B-2 Community BusinessT ••.i-Yk;,,4 Surrounding Land Uses and Zoning Districts ,re. .). 4j '-" - , North j :a - •, ' ' yr) Shopping center/ B-2 Community Business ., `� �, -tet k,,,,..„ f ' South '°.— r .�,e�, R Virginia Beach Boulevard Or aha+„„,,„ • Auto repair, auto sales/ B-2 Community _. .Wipaibile,- 7_, � • Business + R , East 1Zr ti ', ' �:� ,P , -. • Shopping center/ B-2 Community Business I, ',/ ' a: . < if ; i' West c ., North Lynnhaven Road ` �'+if - \` n - ' Shopping center, pump station/ B-2 Community Business Valvoline Instant Oil Change Agenda Item 6 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Use Permit for an Automobile Repair Garage in order to develop the site with a two-bay oil-change facility. Services proposed include oil changes, tire service, engine repair and transmission work. No body work will be performed on the site. All repairs will take place within the proposed building. • The proposed 1,675 square-foot building will feature exterior building finishes of a brick water table, an asphalt shingle roof, and metal awnings over the main entrance. • The Landscape Plan depicts existing trees along the street with proposed enhancements that include trees, shrubs and seasonal plants, which will assist in screening the parking lot and bay doors from the right-of-way. • The hours of operation are planned as 8:00 a.m. to 7:30 p.m., Monday through Friday, 8:00 a.m. to 6:00 p.m., on Saturdays, and 10:00 a.m. to 5:00 p.m., on Sundays. It is anticipated that up to six employees will be on the site at any given time. 7 Y \ o•B L'\ R-7 N , i Zoning History R 7. \,. -- lR-'15 '_''C `A=�2 r . # Request `.� �4 1 MOD Approved 12/11/2007 R 10 15 -'.7,5 \ CUP(Convenience Store with Fuel Sales)Approved R 5 / 12/26/2002 -, r 2 CUP(Tattoo Parlor)Approved 09/06/2016 B-2 3 CUP(Auto Repair)Approved 01/14/1992 70.75 dB DNL / 4 CRZ(B-2& R-10 to Conditional B-1A)Approved "`'i '' 02/27/2007 5 CUP(Commercial Recreation Facility)Approved ____ Ns- 5 11/12/2013 e-2 ` a2 /�� , 6 CUP(Motor Vehicle Sales)Approved 08/29/1997 �� B 1! ti ' 7 MOD Approved 10/14/2007 A * ! - . CUP(Auto Repair)Approved 12/12/1988 R 1D i-4 �� �i dB DNL \ , p,,, 8 CUP(Religious Use)Approved 06/23/1998 Application Types CUP-Conditional Use Permit MOD-Modification of Conditions or Proffers FVR-Floodplain Variance REZ-Rezoning NON-Nonconforming Use ALT-Alternative Compliance CRZ-Conditional Rezoning STC-Street Closure SVR-Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan designates this site as located in the Lynnhaven Strategic Growth Area (SGA). The long-term vision for the Lynnhaven SGA calls for series of mixed-use and flexible developments. Design principles include enabling flexible development sites and building types to respond to ever-changing market needs and development programs, uses that are compatible with AICUZ restrictions and building on the existing good balance between homes,jobs, and services. Valvoline Instant Oil Change Agenda Item 6 Page 2 Natural and Cultural Resources Impacts This site is located in the Chesapeake Bay watershed. There are no significant natural or cultural resources associated with the site as it was formerly developed with a restaurant and parking lot and is predominately impervious. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 33,455 ADT' 34,940 ADT (LOS a C") 56,240 ADT (LOS "D") Existing Land Use 2 -465 ADT North Lynnhaven Road 10,778 ADT' 9,900 ADTi(LOS 4"C") Proposed Land Use 3-80 ADT 11,100 ADT (LOS E") 'Average Daily Trips 2 as defined by a typical B-2, 3as defined by a two-bay oil change ' LOS=Level of Service retail operation facility Public Utility Impacts Water Both sites currently connect to City water. There are existing 16-inch, 20-inch and 36-inch City water mains along Virginia Beach Boulevard. There are existing eight-inch and 20-inch City water mains along North Lynnhaven Road. Sewer Both sites currently connect to City sewer.There is an existing 24-inch HRSD sanitary sewer force main along Virginia Beach Boulevard.There is an existing 12-inch City gravity sanitary sewer main along North Lynnhaven Road. There is an existing 10-inch City sewer force main along North Lynnhaven Road. Evaluation and Recommendation This proposal to redevelop the subject site with an Automobile Repair Garage is, in Staff's opinion, acceptable. The building is designed with finishes that complement the surrounding area. This coupled with elements depicted on the attractive Landscape Plan reflect an investment in our community. While the Lynnhaven Strategic Growth Area Master Plan calls for long-term redevelopment of the site with mixed-use non-residential uses, the proposed use is compatible with the existing auto-oriented and service uses along this stretch of Virginia Beach Boulevard. As such, the proposed use is acceptable until the market creates a transition of this area to the long-term vision established in the Lynnhaven Strategic Growth Area Plan. Public Utilities Staff has noted that water and sanitary sewer service must be verified and improved if necessary so that the proposed development will have adequate water pressure, fire protection and sanitary sewer service. A more detailed review of the utilities and other details of the project will be done during final site plan review. Based on the considerations above, Staff finds the application to be an acceptable use and recommends approval of the request subject to the conditions below. Valvoline Instant Oil Change Agenda Item 6 Page 3 Recommended Conditions 1. With the exception of any modifications required by any of these conditions,the site shall be developed and maintained substantially in conformance with the submitted site layout entitled "Site Plan" dated 03/20/17, and prepared by Ceso. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The Landscape Plan shall be developed and maintained substantially in conformance with the submitted layout entitled "Site Landscape Plan" on page 8 of this report. 3. The design, size and materials of the building shall be substantially in adherence, with the submitted elevation exhibits entitled "Valvoline Instant Oil Change Two Bay Right Hand Prototype Design (Exterior Elevations—Left Elevation, Right Elevation, Front Elevation, and Rear Elevation)" prepared by Ceso. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 4. As depicted on the site layout referenced in Conditions 1, a one-foot no ingress/egress easement shall be recorded along the property line at Virginia Beach Boulevard and North Lynnhaven Road west of the proposed entrance along Virginia Beach Boulevard to limit additional ingress/egress on Virginia Beach Boulevard and North Lynnhaven Road. 5. The freestanding sign shall be monument style with a brick base that matches the building, and shall be no taller than eight feet as measured from the ground to the top of the sign. 6. Any onsite signage shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors.There shall be no window signage permitted.The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. 7. All vehicle repairs shall take place inside the building. 8. No outside storage of equipment, parts, or materials shall be permitted. 9. There shall be no outside storage or display of tires. 10. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage,then such vehicles shall be stored within the building. 11. There shall be no storage containers outside the building or in parking spaces. 12. The dumpster shall be enclosed with a either a solid fence or a wall constructed of brick that matches the building, not less than six-feet in height, and any required screening shall be installed in accordance with Section 245(e) of the Zoning Ordinance and the City of Virginia Beach Landscaping Guide. 13. There shall be no decorative pennants, feather flags, streamers, air dancers, inflatables or other similar advertising items located on the site. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All Valvoline Instant Oil Change Agenda Item 6 Page 4 applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. 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I N ,., P,. 6 i tl 1 II L y i ' P i 1 atg°A R:I kill f f l s Plc i. isii tIf ail R-I i s o Ia II :$ )IJ; 7i1 hi y z i r S lap I i 1 issn 12; in F;t1 1DfA 19 Q ' a t w! S► 1rI' si . F P k 3 # § • Valvoline Instant Oil Change Agenda Item 6 Page 7 Proposed Landscape Plan 0 ° _ _ — — —Er • Ii 1 tl W �_ D o / z .,1,-:,-?"1 Q t If! e"'1-: ..4ri' 7.'...c 0 c6 QC K � Go az cp 1 - a E:.- r , ._________16.._411._1° — u") w 8 �; z a () a N I ,L\ I o o ... _ , = G �' l Alis- . 4i, W CGS` I I d'< l- u� I� z� 02 w�■ _ °�K O j1 U 1 z i yo� I_... / 22 d ,[ _ I / � b O 266 1 Z D< f 1 I N. g LLi1l�i .1010.— , N ift I6z ti R 1 440111' 14' '",. L r -4.. _ l f4 ROP 0o z e„..---___...-1.4 a zr,../ •. �,�d�w i Ill w " 1 cn, 8 -4-1)-`6`. Valvoline Instant Oil Change Agenda Item 6 Page 8 • • Proposed Dumpster Enclosure & • Monument Si:n 1 R0 3, os£ a '$Se% i§ 2 a a \CI II I. i ; : ?a ?gg ' r . , , . 6,1 a & rs r . 1 FA-I2 i 1g tg . HI g 6 § aaa ns igg §,gi :ii ii aI I/@ KPI W i 1 c$ii 9 i I Ve - I�,.. Q . - 1..- I ri .e.4 b 02 p<Fg , 4 fax 9$ 3 '1 > Z1 i . 1F ' P ill 1 i q y � C iii Otl - di g ., b P\k, t �r.11 N a e ce e a /0 3111 Y 0 AA Valvoline Instant Oil Change Agenda Item 6 Page 9 Site Photos .... , II *, I - • .11,, "4 ..r1'..; .!.-I . ''..„ -I I 44.. • 4"' '. '....6,11,..."-' • . "...AL.. r. . ,.. . ' 4.. A • • 11...- -le I 01 * ;.—,A••. • ri. i 0•0 0 r",__ •', • ..... r?,‘,14- _, - _ _ ,,_ -.:IPINHIND 'FiliGONIER .. PATRO1 ; ONLY lOWNG fOfiCED .------ 3— ---ulinftilin,..-::. tAicro:92.:22.81" .. Ft71444 II IF vjoir • 1 .... •,4,... . IDi , IM,41U.sE EDIazeix II0 vie ^4-01114,,,, 1111/111asa II, .Illout"ft )I • 403111.,F.-----,--=;•:,,, i .1.,31. 1, • '4 -' - • -A6L,' - ."1.4,,itk • VIII"L'''''''t,%---1':•••- •-•-. . , * •,,.,lito. - • .• _ . , , ,,,.. ' .•...• .....7—' - 41111 • - ,r. . • 4if- ' ...', • - • ..0-_ 'Pt ve'd • -- - `'.-,,--..---- - , .. ..... I . -_. .. ._ • ;v14. i••.., - `•- ''...../-- '-..:.r',r1: --'1.,:i.:''4...*..-; • ,. -4'i .- "'t ,„ ':•1,"•'' •••(''''' . ;11;4-.i.:A's ' 1.- ..& - 1 • ,... • Valvoline Instant Oil Change Agenda Item 6 Page 10 Disclosure Statement Virginia Beach APPLICANT'S NAME Valvoline Instant Oil Change 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 ron nTv ver nNer E+ Pagel of7 APPLICANT NOTI[ILD 01 HCANINO Jet NO CIIANLES AS Of _£iL ] REVISIONS q 1RMIri FO lel T�l7 j5 Jonathan Sanders Valvoline Instant Oil Change Agenda Item 6 Page 11 Disclosure Statement Virginia Beach nCheck 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:Valvoline Instant Oil Change If an LLC, list all member's names: Julie M. O'Daniel, President; Laura I Pentova, Secretary; Jason L. Thompson, Treasurer If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotesI and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. �k2 Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND TNEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Valvoline Instant Oil Change Agenda Item 6 Page 12 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary f or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation' See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. 2 "Affiliated business entity relationship" means `a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflkt of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Valvoline Instant Oil Change Agenda Item 6 Page 13 • Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) Accounting and/or pre parer of I 1 your tax return -4 ri Architect/ Landscape Architect/ CESO,Inc. Land Planner ❑ Contract Purchaser(if other than the Applicant)- identify purchaser and purchasers service providers Any other pending or proposed • gri purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ® n Construction Contractors Cushman&Wakefield ® Engineers/Surveyors/Agents CESO Inc.;Timmons Group Financing (include current El mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® ❑ Legal Services Troutman Sanders LLP Real Estate Brokers / Cushman a Wakefield ® ❑ 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 Valvoline Instant Oil Change Agenda Item 6 Page 14 Disclosure Statement Virginia CERTIFICATION: I certify that all of the information contained In this Disclosure Statement Form Is complete,true,and accurate. I understand tint, 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 I meeting, or meeting of any public body or committee in connection with this App)ication. �) 1. /7A L ' Y4,. LAU,a1YIn A .915117. APPLICANT'S SCNATURE PRINT NAME . DATE Page 5 of Valvoline Instant Oil Change Agenda Item 6 Page 15 Disclosure Statement OWNER Virginia YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ ® Accounting and/or preparer of your tax return n ® Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(jf other than ® the Aoolicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) E ® Construction Contractors Engineers/Surveyors/Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Williams Mulen 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 Valvoline Instant Oil Change Agenda Item 6 Page 16 Disclosure Statement 1333 m CERTIFICATION: I certifythat all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public 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. 4 r Frederick T.Stant, III 7 f PROPERTY OWNER'S SIGNATURE PRINT NAME 4J DATE Page 7 of 7 Valvoline Instant Oil Change Agenda Item 6 Page 17 Item#6 Valvoline Instant Oil Change Conditional Use Permit 2888&2890 Virginia Beach Boulevard District 6 Beach April 12, 2017 CONSENT An application of Valvoline instant Oil Change for a Conditional Use Permit (Automobile Repair Garage) on property located at 2888&2890 Virginia Beach Boulevard, District 6, Beach. GPINS: 1497-36-5137- 0000; 1497-36-4119-0000. CONDITIONS 1. With the exception of any modifications required by any of these conditions,the site shall be developed and maintained substantially in conformance with the submitted site layout entitled "Site Plan"dated 03/20/17, and prepared by Ceso. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The Landscape Plan shall be developed and maintained substantially in conformance with the submitted layout entitled "Site Landscape Plan" on page 8 of this report. 3. The design, size and materials of the building shall be substantially in adherence,with the submitted elevation exhibits entitled "Valvoline Instant Oil Change Two Bay Right Hand Prototype Design (Exterior Elevations—Left Elevation, Right Elevation, Front Elevation, and Rear Elevation)" prepared by Ceso. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Planning Department. 4. As depicted on the site layout referenced in Conditions 1,a one-foot no ingress/egress easement shall be recorded along the property line at Virginia Beach Boulevard and North Lynnhaven Road west of the proposed entrance along Virginia Beach Boulevard to limit additional ingress/egress on Virginia Beach Boulevard and North Lynnhaven Road. 5. The freestanding sign shall be monument style with a brick base that matches the building,and shall be no taller than eight feet as measured from the ground to the top of the sign. 6. Any onsite signage shall meet the requirements of the City Zoning Ordinance,and there shall be no neon,other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows,or on the doors.There shall be no window signage permitted.The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. 7. All vehicle repairs shall take place inside the building. 8. No outside storage of equipment, parts, or materials shall be permitted. Item 446 Valvoline Instant Oil Change Page 2 9. There shall be no outside storage or display of tires. 10. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage,then such vehicles shall be stored within the building. 11. There shall be no storage containers outside the building or in parking spaces. 12. The dumpster shall be enclosed with a either a solid fence or a wall constructed of brick that matches the building, not less than six-feet in height,and any required screening shall be installed in accordance with Section 245(e) of the Zoning Ordinance and the City of Virginia Beach Landscaping Guide. 13. There shall be no decorative pennants,feather flags, streamers,air dancers, inflatables or other similar advertising items located on the site. A motion was made by Commissioner Oliver and seconded by Commissioner Horsley to approve item 6. AYE 9 NAY O ABS O ABSENT 2 HODGSON ABSENT HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND ABSENT RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 9-0,the Commission approve item 6 for consent. R.J. Nutter appeared before the Commission on behalf of the applicant. t •II I 1 } , .1 1 I 1 1 lit 1 _ . _ OSS5 = .__ P ac% _....1._ . ..,.__----_-----\.(17-3\ - Dotiti \ \ ti 1 1 y 11� _ ',I� '1, I'' - �xr _t,,� 4� l r r= 1 111 11111 , • '11 ::.it) ii, 55 11 I ....„5.----1...---'-a---11 1\ \,i4.73> 1 ill'I I\It \I) II it \ III 'llUil '' '� \ 11 I f '' \ 1 II 141111111111111111 NNI I �It ,flpii 'II'I'III II' ini'II II k____,_------ 4 � ___-- •,,, i�~ tl �� 5 I _, y 111 ,� , _ - - t' 1 i+' 1 = I ` =-r"'~J I '� I \Ii a 1 i"''� : II 'X. I ��--�'' _ 11 ' --\141 t ,It •1T" 'I �-�•------ 11 ii I, ' 0 111. 1 1.r .1 . I ' t :kt...... --------- 1- d' 11 1 III .,..,..�-i _.----- .-- 1,, N ' y ,11 III , , 1 � --I p‘f( CikG. - -... .1/2\ r. \ c,-------\ \ 11 _ � 1 - I Z 1 'I -- - - L_ 1 „...,�_,.--” !.' -;- I , '" �1 S" 111 I, 1. C10 gtr .. 1 I I 1� 1 , f' ~��� 1, II I ' 0 jl Q II. ....3', ',� '� . -�d' �. 11 I, II a• 1 11 I I II ' aliA� � 1, I .'' I_:.', it 11 1, I N�'1 ,111 � '', '� �+� ,''1 II 'II I'1 1 N� _6,� '111 1 ,ri��"�'� 111 ''k 'III _ ,111'1 Qt' _ rp T_P PP CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SMARTMOUTH BREWING CO., LLC [Applicant] RUNNYMEDE CORP. [Property Owner] Conditional Use Permit(Open Air Market) 313 32"d Street (GPIN 2418928642). COUNCIL DISTRICT— BEACH MEETING DATE: May 16, 2017 • Background: On March 7, 2017, City Council approved a Conditional Use Permit on this site for a Craft Brewery. It was determined late in Staff's review process that based on the applicant's goal, an additional Conditional Use Permit for an Open-Air Market would be necessary. To avoid delaying the applicant's construction timeline, Staff recommended that this follow-up Conditional Use Permit for the Open-Air Market be submitted in order to operate one food truck in conjunction with the brewery. A power source will be provided from the structure such that generators will not be relied upon by the food truck. The food truck will operate only during the hours of operation of the Craft Brewery. • Considerations: The food truck is proposed to be located at the interior of the site, within 20 feet of the northern façade of the existing structure. By locating the food truck in the center of the site, providing a permanent power source, and operating only in conjunction with the Craft Brewery, it is Staffs opinion that the proposal appropriately balances the mixed-use goals of the Oceanfront Resort District and the residential goals of the "Protected District" to the north. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. Unless otherwise approved for a Special Event Permit, one food truck shall be permitted within twenty feet of the northern façade of the existing structure, as depicted on the proposed location exhibit titled, "Open Air Market CUP — Food Truck Exhibit." Smartmouth Brewing Co., LLC Page 2 of 2 2. A permanent power source shall be provided on-site such that generators are not routinely relied upon. The operation of the food truck shall not disturb the tranquility of residential areas or other areas in close proximity or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic, or overflow parking. 3. The food truck shall not operate outside of the hours of operation of the Craft Brewery. 4. The location of the food truck shall not interrupt the vehicular circulation or availability of the minimum number of required parking spaces for the Craft Brewery. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. ,�,,, (,� Submitting D- • . • y - - . : •ency: Planning Department(.7.4aP''�'•� 1 a. City Manager• Applicant Smartmouth Brewing Co., LLC Agenda Item Property Owner Runnymede Corp. Public Hearing April 12, 2017 1 0 c rcy of City Council Election District Beach Virginia Beach / Requests a1 Sea pies Cost ;STM Hrw Strce` Conditional Use Permit (Open Air Market) .t° Is.`"'"S°"` 35TM u, vTM 02,5t,., Staff Recommendation v+TMs`"e` Approval ;�dw ""id ' 5v a„ ,,,, Staff Planner ..., „NdSm°” Ro... Kristine Gay 70-75 dB DNL A 65-70 dB DNL } Rid ^ Location "'"� x ,d«5""` 313 32nd Street 9 APZ2 3 t. % 29th Sveet GPIN f wer 0. 2418928642 a i ,,,,,9,'' Site Size P° 7,(h Nall Street 2,/,,street 30,000 square feet 1 7,,5s AICUZ 70-75 dB DNL Existing Land Use and Zoning District Crossfit Gym/OR—Oceanfront Resort District 011-1-,. .-1,- 7: R. IA Surrounding Land Uses and Zoning Districts t ' �� ;: ' - f `1 Z- % �� fi v North 1 •'" 33rd Street , i : • . e cF i ,„,A Antique store/A-12, A-24 Apartment e_\. T 1 •'T K ^^ ` :,'1 r C South T w gni^� • T _, 1 1 ., t 32nd Street , , tl i. :N :E r~ 4 •�' 1; Mixed-Use: apartments, retail, restaurants c��c 4'., i F t 1 - /OR Oceanfront Resort rt*,=:. a 0. ! �`•,�t' •tc, • , c �� East '� ,�l� - .� F" --- Strip shopping center /OR Oceanfront Resort �' 9A- � West ,C -'tag .. a r, Convenience Store /OR Oceanfront Resort fin, c F '► rwKr � . � tett 'kill 1 ‘;.- , v� _ , ,N. � i ' now F � * . Smartmouth Brewing Co., LLC Agenda Item 10 Page 1 Background and Summary of Proposal • This request for a Conditional Use Permit (CUP) for an Open Air Market is to allow one food truck to operate in conjunction with a Craft Brewery. • Recently, on March 7, 2017, City Council approved a CUP for a Craft Brewery on the subject site. It was determined late in Staffs review process that based on the applicant's goal, an additional CUP for an Open Air Market would be necessary. To avoid delaying the applicant's construction timeline, Staff recommended that this follow-up CUP for the Open Air Market be submitted. • The food truck is proposed to be located at the interior of the site, within 20 feet of the northern facade of the existing structure. A power source will be provided from the structure such that generators will not be relied upon by the food truck. The food truck will operate only during the hours of operation of the Craft Brewery. A112 • -�14..-A=12-i� 1A� OR, � 2 A'24 s °t 33r ae- Zoning History 70-76tl•`pNL OR # Request A-36 OR \A-12 1 NON Approved 01/14/1997 2 ALT Approved 03/07/2017 •i�. /,_._ --- 66.10 d8 DNS A r A-24 Stleet A-1• :o . 37 OR � 1 p-2 OR l Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Resort Area Strategic Action Plan (RASAP), adopted in December, 2008, is the guiding planning policy for land use and development in the Oceanfront Resort District.The RASAP calls for a walkable mixture of land uses, improved transit and pedestrian connections between destinations, and a transition in use and the scale of buildings from the Resort Area to the adjacent neighborhoods. Natural and Cultural Resources Impacts There do not appear to be any significant natural or cultural resources associated with the site. Smartmouth Brewing Co., LLC Agenda Item 10 Page 2 Public Utility Impacts The site is connected to both City water and sanitary sewer service. Water and sanitary sewer service must be verified and improved if necessary, so that the proposed development will have adequate water pressure, fire protection, and sanitary sewer service. Evaluation and Recommendation Staff finds that the applicant's request for a Conditional Use Permit for an Open Air Market to accommodate one food truck is consistent with the goals of the RASAP and Oceanfront Resort District Form-Based Code. By locating the food truck in the center of the site, providing a permanent power source, and operating only in conjunction with the Craft Brewery, it is Staff's opinion that the proposal appropriately balances the mixed-use goals of the Oceanfront Resort District and the residential goals of the "Protected District" to the north. Staff recommends approval of the requested Conditional Use for a Craft Brewery subject to the conditions below. Recommended Conditions 1. Unless otherwise approved for a Special Event Permit, one food truck shall be permitted within twenty feet of the northern façade of the existing structure, as depicted on the proposed location exhibit titled, "Open Air Market CUP—Food Truck Exhibit." 2. A permanent power source shall be provided on-site such that generators are not routinely relied upon.The operation of the food truck shall not disturb the tranquility of residential areas or other areas in close proximity or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic, or overflow parking. 3. The food truck shall not operate outside of the hours of operation of the Craft Brewery. 4. The location of the food truck shall not interrupt the vehicular circulation or availability of the minimum number of required parking spaces for the Craft Brewery. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code,including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Smartmouth Brewing Co., LLC Agenda Item 10 Page 3 Proposed Location Exhibit 33rd STREET zh ____ , Z . N -- 0 t MN MI MN ° • L i r_-- o 1 n .... .... ,...___., . T2 i 11 \ \ II o 'vi 3 n o ! Opm: is C y E 11 ::_:.__� - p-ter. ,-_- ' TI � 7 ' ` 0 ns �_ mml c 3 t' � n L Vit . , S Y :j NM• cr et IMO ; immommianimmlionnownime i m A = 32nd STREET Smartmouth Brewing Co., LLC Agenda Item 10 Page 4 Site Photos _ EVOFIT s q 4:1 I 1 I. 1. OMgrWMi', MN! _. .*Mw- - �. a111111far4 MO _ 7.2... , --wii-_,1 .. EL. .._..1. Iirt - - •IN Oaf � -� - .ate f - ., a. m NsiossimilOMIIII Smartmouth Brewing Co., LLC Agenda Item 10 Page 5 Disclosure Statement Virginia Beach APPLICANT'S NAME Smartmouth Brewing Co,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 I Disposition of City Modification of by City Property Conditions or Proffers • Alternative 1 Economic Development Nonconforming Use ' Compliance, Special Investment Program Changes k Exception for I ((DIP)• _ _ __ Board of Zoning Encroachment Request Rezoning Appeals • Certificate of Floodplain Variance Appropriateness ---- Street Closure • (Historic Review Board) I Franchise Agreement i Chesapeake Bay Preservation Area I Lease of City Property Subdivision Variance Board Conditional Use Permit I License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. e a SECTION 1 / APPLICANT DISCLOSURE l 3 Page 1 of 7 X ay 17 I Kristine Gay - X _ 3/2717 1 Kristine Gay X • I 1 /7i7_ I r, 1 J wiry ,M,Nn.-.vrq Smartmouth Brewing Co., LLC Agenda Item 10 Page 6 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization_ x Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Smartmouth Brewing Co., LLC If an LLC. list all member's names. Porter Hardy IV.Christopher Neikirk,Clark Avery,Russ and Stacey Daustram, Cohn Barton,Chris Burgess and Evans McMillian,John Lynch,Eliza Berkley,Thomas Minton, Brian Wynne,Timothy and Kelly Faulkner, Kramer Family Associates LLC, Mark D.Sweet If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach fist if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) NA See next page for information pertaining w footnotesI and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. - Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, - business, or other unincorporated organization. x 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: Runnymede Corp. If an LLC, list the member's names. Page 2 of 7 Smartmouth Brewing Co., LLC Agenda Item 10 Page 7 • Disclosure Statement XB Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below. (Attach list if necessary) 1, c . ' b I= 1, 12 1 . . I: . i F 1.-, .1 t1 (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner (Attach list if necessary) I "Parent-subsidiary relationship means "a relationship that exists when one orporation directly o indirectly owns shares possessing more than 50 percent of the voting power of another corporation r' 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 parentsubsidlary relationship, that exists when(i) one business entity has a controlling ownership interest in the other business entity, (III a controlling owner in one entity is also a controlling owner n the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities) there are common or commingled funds or assets, the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities" See State and Local Government Conflict of Interests Act, Va.Code§ 2 2;3101 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service'. IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION S EPERATE LY Page 3 of Smartmouth Brewing Co., LLC Agenda Item 10 Page 8 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheers if needed) X ri Accounting and/or preparer of Dixon, Hughes. Goodman your tax return Architect / Landscape Architect / Work Program Architects, Inc. Land Planner Contract Purchaser (if other than X the Aoolicant) - identify purchaser and purchasers service providers Any other pending or proposed X purchaser of the subject property (identify purchaser(s)and purchaser's service providers) X Construction Contractors X Engineers /Surveyors/Agents Financing (include current Towne Bank/ Fir nit-c Bye K X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X Legal Services Williams Mullen Real Estate Brokers / X Agents/Realtors for current and Harvey Lindsay anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official of 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 1 of 7 Smartmouth Brewing Co., LLC Agenda Item 10 Page 9 • Disclosure Statement OWNER Virginia Bench YES NO SERVICE PROVIDER(use additional sheers a needed) X Accounting and/or preparer of McPhillips, Roberts,and Dean your tax return X Architect/ Landscape Architect/ Land Planner Contract Purchaser (if other than X be Aoolicant) - identify purchaser and purchaser's service providers Any other pending or proposed X purchaser of the subject property (identify purchaser(s)and purchaser's service providers) X Construction Contractors TBD X Engineers / Surveyors/Agents TBD Financing (include current ❑ X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X Legal Services Fine, Fine,Logund,McCracken Real Estate Brokers / X Agents/Realtors for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Smartmouth Brewing Co., LLC Agenda Item 10 Page 10 Disclosure Statement Mae Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate_ I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Porter Hardy IV 11/30/2016 APPLICANT'S SIGNATURE PRINT NAME DATE w 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. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE /4..„- Andrew S. Fine 1 Dec 2016 Smartmouth Brewing Co., LLC Agenda Item 10 Page 11 Smartmouth Brewing Co., LLC Agenda Item 10 Page 12 Item 810 Smartmouth Brewing Co., L.L.C. Conditional Use Permit 313 32nd Street District 6 Beach April 12, 2017 CONSENT An application of Smartmouth Brewing Co., L.L.C.for a Conditional Use Permit (Open-Air Market)on property located at 313 32nd Street, District 6, Beach. GPIN: 2418-92-8642-0000. CONDITIONS 1. Unless otherwise approved for a Special Event Permit,one food truck shall be permitted within twenty feet of the northern facade of the existing structure, as depicted on the proposed location exhibit titled, "Open Air Market CUP—Food Truck Exhibit." 2. A permanent power source shall be provided on-site such that generators are not routinely relied upon.The operation of the food truck shall not disturb the tranquility of residential areas or other areas in close proximity or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise,traffic,or overflow parking. 3. The food truck shall not operate outside of the hours of operation of the Craft Brewery. 4. The location of the food truck shall not interrupt the vehicular circulation or availability of the minimum number of required parking spaces for the Craft Brewery. A motion was made by Commissioner Oliver and seconded by Commissioner Horsley to approve item 10. AYE9 NAYO ABSO ABSENT 2 HODGSON ABSENT HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND ABSENT RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 9-0,the Commission has approved item 10 for consent. K. APPOINTMENTS 2040 VISION-TO-ACTION COMMUNITY COALITION ARTS and HUMANITIES COMMISSION BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAIL ADVISORY COMMITTEE CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM GREEN RIBBON COMMITTEE HAMPTON ROADS PLANNING DISTRICT COMMISSION HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL ' PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD TIDEWATER COMMUNITY COLLEGE TOWING ADVISORY BOARD VIRGINIA BEACH CLEAN COMMUNITY COMMISSION L. UNFINISHED BUSINESS M.NEW BUSINESS N. 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 HEAR YE,HEAR YE .11 I V FOURTH FM IJIOI'S.AND SEVENTEEN IS A ( Ill 1101.11)\ BY ORDINANCE,JULY FORMAL SESSIONS OF VIRGINIA BEACH CITY COUNCIL ARE SCHEDULED FOR THE FIRST and SECOND TUESDAY'S IN JULY 2017 VIRGINIA BEACH CITY COUNCIL FORMAL SESSIONS WILL BE HELD ON THE SECOND AND THIRD TUESDAY'S 'JULY I I and JULY ISI Virginia Beach City Council Speaker Time Limits ORDINANCES / RESOLUTIONS: Each registered speaker sill hat(' three (3) minutes to support the document 01 espless concerns PLANNING ITEMS: Applicants, or (heir Representatises, trill hale ten (1(1) minutes to define the need or explain the intent plus three (3) minutes for rebuttal Speakers nill hate three (3) minutes to speak once in tarot ni opposed. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DAI L05/022017 PAGE: I D A AGENDA V ITEM# SUBJECT MOTION VOTE A F B N E J S U I H P ONOKMS H LW O 0 Y L N A 0 0 R SO T R EEENSM I 00 T T R V S H E S S N N 4 O I CITY MANAGER BRIEFINGS CENTRAL BEACH ENTERTAINMENT Ronald II.Williams,Jr_. DISTRICT Deputy City Manager PENDING PLANNING ITEMS Carolyn Smith,Planning Administrator Mark Shea, Transportation Planner 11 CITY COUNCIL RECONCILIATION FY 2017-18 RESOURCE MANAGEMENT Operating/Capital PLAN Budgets III! CERTIFICATION OF CLOSED CERTIFIED 8-0 A A Y Y Y Y Y A Y Y Y IV/V SESSION NV VII A-E F/G MINUTES: April IS,2017 APPROVED 8-0 A A V V V V V A V V V HI Resolution to AUTHORIZE issuance by ADOPTED,BY 8-0 A A V V Y Y Y A V V V Joint Industrial Development Authority of CONSENT Northampton County/Incorporated Towns of Revenue Bond not to exceed 510-Million re YMCA of South Ilampton Roads 2 Resolution to DIRECT the City Attorney DEFERRED TO 7-I A A Y V V V N A V V V draft Ordinances removing Light Rail MAY 9,2017 Taxes/Fee Increases 3 Ordinance to TRANSFER $324,184 from ADOPFE.D 8-0 A A Y Y Y Y Y A V V Y Neighborhood Dredging to Voter Registration and Elections re 2017 Republican/ Democratic Primary Elections 4. Ordinance to TRANSFER$1,542,858 to Fire ADOPTED 5-0 A A V V V Y Y A Y Y Y Training Center Improvements III 5. Ordinance to ACCEPT/APPROPRIATE a ADOPTED,BY 8-0 A A V V V Y Y A Y Y Y 52,359 Grant from State Police to the Police CONSEN f Auto Theft Training Investigations CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DA EE:05/0212017 PAGE. 2 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E B F W B N F J S U I B PDNORMS HLW O 0 Y LN A 0 0 R SO I R E F E N S M I 0 0 I T T R Y ' S E S S N . N D 2040 VISION-TO-ACTION COMMUNITY RESCHEDULED B VCON S ENS U S COALITION BIKEWAYS and TRAIT.ADVISORY COMMITTEE GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PROCESS IMPROVEMENT STEERING I COMMITTEE RESORT ADVISORY COMMISSION TOWING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEV EI.OPMENT CORPORATION- VBCDC LK/ ADJOURNMENT 6:37 PM L PUBLIC COMMENT 9 SPEAKERS 6:38 PM-7:03PM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE'.05/09/2017 PAGE'. I D A AGENDA V ITEM d SUBJECT MOTION VOTE A E II E W B N E J S U 1 B P D N O K M S Fl 1. W O O Y L N AOOR SO TR E E ENSM I 00 I T R V S ES SNND I SPECIAL FORMAL SESSION B MAYOR READ CALL TO SPECIAL SESSION • PUBLIC HEARING Storm Water Utility Bond Issue- 33 Speakers $77,000,000 F/I/a FY 2017-2018 RESOURCE MANAGEMENT PLAN FY 2017-2018 Operating Budget: APPROPRIATE $1,969,677,901 for ADOPTED 8-3 N TN V V TN Y V V V Operations for FY2017/2018 u ESTABLISH Tax levy of 51.0025 per$100 ADOPTED 8-3 NYNY Y V N Y Y Y Y assessed valuation on Real Estate for FY 2018 ni ESTABLISH Tax Levy on Personal ADOPTED 8-3 N V N Y V TNYTY Y Property, Machinery/Tools for Calendar Year 2018 iv DECLARE Sg-M as SURPLUS within ADOPTED 8-3 N Y N Y Y YNY Y Y Y Sandbridge TIF re beach/shoreline restoration/management at Sandbridge IMPLEMENT 2018 Employee/Retiree ADOPTED 8-3 N V N Y Y TN Y Y Y Y Health Insurance Plans ai AUTHORIZE City Manager to submit ADOPTED 8-3 NYN Y V Y N V V Y V Annual Funding Plan to I IUD vii AMEND Sec 32.5-2 of City Code re ADOPTED 8-3 NYN Y Y YNYY Y Y Equivalent Residential Unit(ERU)Fee CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE05/09/2017 PAGE 2 D A AGENDA V ITEM SUBJLC'I MOTION VOTE A E H E W B N E 1 S U I B P DNOK MS H L W O 0 V 1. N A 0 0 R S 0 T R F EENSM I 00 1' CR Y S ES SNIND vm AMEND Sec 35.14/35.1-5 of City Code re ADOPTED 8-3 N TN V VIVN V Y V V Sandbridge Special Service District ix AMEND Sec 35-64/35-67 of City Code re ADOPTED 5-3 N V N V V Y N V V V V Exemption or Deferral of Real Estate Taxes for the elderly or disabled AMEND Revenue Dedications for ADOPTED 8-3 N VN V Y Y N V V V V Agricultural Reserve/Open Space/ REDIRECT revenue to the General Fund in support of Stormwater/ General Capital Projects xi PROVIDE additional local supplement to the ADOPTED 8-3 N V N V V V N V V V Y Sheriff re Career Development Program h/ FY 2017-2018 Capital Budget AUTHORIZE FY20UU/FY2023 ADOPTED 9-2 N V V Y Y VN V V V Y GIP/APPROPRIATE$300,456,122 u AUTHORIZE issuance of General ADOPTED 9-2 NV V V Y V N V V V V Obligation Public Improvement Bonds in maximum of$69,272,406 ni AU TIIORIZE issuance of Storm Water ADOPTED 9-2 NT V V V Y N V Y V V Utility System Revenue Bonds in maximum of$30.143,013 3 Resolution to CONFIRM the intent to re- ADOPTED 9-2 NV V Y V VN V V V Y direct tax streams from Light Rail/Multimodal Projects to other City priorities G ADJOURNMENT-623PM