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HomeMy WebLinkAboutJUNE 6, 2017 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL rHu:Bite MAYOR WILLIAM D.SESSOMS,JR At-Large � ~' VICE MAYOR LOUIS R.JONES,Bayside-District 4 JESSICA P ABBOTT Kempsrille-D t ( / M.BENJAMIN DAVENPORT AtLarge U- '\ • s ROBERT M DYER Centerville District BARBARA M HENLEY Princess Anne District 7 SHANNON DS KANE Rose Hall District 3 JOHN D.MOSS.Al Large JOHN E UNPIN.Beach &grioi 6 ROSEMARY WILSON.At-Large JAMES L. WOOD.Lv'nnhaom-Dunict 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 1401 COURTHOUSE DRIVE CITY MANAGER DAVID L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR JERALD D.BANAGAN FAX(757)385-5669 CITY AUDITOR LYNDONS REMUSJUUe 6,2017 E-MAIL:ClycnelgaRgor.com CITY CLERK RUTH HODGES FRASER.MMC MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL BRIEFING - Conference Room- 4:00 PM 1. REAL ESTATE ASSESSMENT PROCESS Jerald Banagan, City Assessor II. CITY MANAGER BRIEFINGS 1. TOURISM INVESTMENT PROGRAM (TIP) Patti Phillips, Director—Finance Brad Van Dommelen, Director—Convention and Visitors Bureau 2. CITY HALL PROPOSAL FOR TOWN CENTER by Armada Hoffler David L. Hansen, City Manager III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION -Conference Room- 5:30 PM A. CALL TO ORDER—Mayor William D. Sessoms,Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Commander Chris Hester Command Chaplain Naval Air Station Oceana C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS May 16, 2017 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. ARTS and HUMANITIES COMMISSION —"Champion of Arts" Winner Emily S. Labows, Director—Cultural Affairs Carolyn Garrett, President—Arts and Humanities I. PUBLIC HEARING 1. LEASE OF CITY PROPERTY 2nd Street and Atlantic Avenue J. ORDINANCES/RESOLUTIONS I. Ordinance to AMEND the City Code § 35-42 re EXEMPTION to Real Property Taxes for surviving spouses of First Responders killed in the line of duty 2. Ordinances to: a. AUTHORIZE the City Manager to EXECUTE a Lease, with renewal options, to Schooner Inn for property at 2nd Street and Atlantic Avenue re overflow parking b. DECLARE City property on Upton Drive in excess and AUTHORIZE the City Manager to EXECUTE the documents necessary to SELL the property to Michael and Cheryl Caffyn 3. Ordinance to ALLOW an increase in compensation to City Council Appointees effective July 1, 2017: a. City Manager b. City Attorney c. City Clerk d. City Assessor e. City Auditor 4. Resolution to AUTHORIZE two (2) Neighborhood Identification Signs to be installed in the median of Shore Drive at Dupont Circle and Marlin Bay Drive 5. Resolution to EXTEND the City's Cable Franchise with Verizon Virginia, Inc. until December 31,2017, or the date of renewal 6. Resolution to GRANT new and renewal Permits to ALLOW Emergency Medical Services (EMS) Agencies to operate in the City: a. Swift Medical Transport(new) b. Fast Track EMS, LLC c. Miracle Medical Transport, LLC d. NuCare Carolina Ambulance, Inc. e. MB Solutions, LLC f. Shore Transport Services, Inc. 7. Ordinances to APPROPRIATE and TRANSFER: a. $117,331 from the Auction Sales and Salvage Recovery to Fleet Management re vehicle replacement b. $6,165 from the Fire Department Gift Fund re purchase of Grills for Stations 11 and 18 and maintenance on the Monster Fire Truck c. $300,000 from the Landmark Foundation to Public Health for the Baby Care Program d. $450,000 from the General Fund Reserve and $447,385 from the Police Department to Non-Departmental Operating Budget re cost increases to the Real Estate Tax Relief Program e. Police Department: I. $600,000 to the Fire Department re to reallocate Health Insurance costs 2. $300,000 to Juvenile Probation Office re to support dispositional services K. PLANNING 1. LARAE TUCKER and DOSWELL VENTURES, LLC re Auto Service Stations: a. Modification of Conditions at 2101 General Booth Boulevard (Approved June 11, 1996) DISTRICT—7 PRINCESS ANNE b. Conditional Use Permit at 3673 Virginia Beach Boulevard DISTRICT—5 LYNNHAVEN c. Conditional Use Permit at 1300 N Great Neck Road DISTRICT—5 LYNNHAVEN 2. CITY OF VIRGINIA BEACH Ordinances to ESTABLISH a Historic and Cultural District in accordance with Article 13 of the City Zoning Ordinance(CZO) and AMEND the Official Zoning Map: a. ADD the Seatack Life Saving Station b. ADD the Virginia Beach Coast Guard Station c. ADD the deWitt Cottage L. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL RESORT ADVISORY COMMISSION TIDEWATER COMMUNITY COLLEGE TOWING ADVISORY BOARD VIRGINIA BEACH CLEAN COMMUNITY COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers *********************************** If you are physically disabled or visually impaired and need assistance al this meeting,please call the CITY CLERK'S OFFICE at(757)385-0303 r*c.************r•****** HEAR YE, HEAR YE JUL V FOU RTII MO 11101.5 AND SEVENJEFN IS . C ITV 110111111 BY ORDINANCE,JULY FORMAL SESSIONS OF VIRGINIA BEACH CITY COUNCIL ARE SCHEDULED FOR THE FIRST and SECOND TUESDAYS IN JULY 2017 VIRGINIA BEACH CITY COUNCIL. FORMAL SESSIONS WILL BE IIEI,D ON THE SECOND AND THIRD TUESDAYS (JULY II ANI) JULY 181 6/6/17 jag MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL BRIEFING - Conference Room- 4:00 PM 1. REAL ESTATE ASSESSMENT PROCESS Jerald Banagan, City Assessor 11. CITY MANAGER BRIEFINGS 1. TOURISM INVESTMENT PROGRAM (TIP) Patti Phillips, Director—Finance Brad Van Dommelen, Director—Convention and Visitors Bureau 2. CITY HALL PROPOSAL FOR TOWN CENTER by Armada Hoffler David L. Hansen, City Manager III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room- 5:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION -City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Commander Chris Hester Command Chaplain Naval Air Station Oceana C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS May 16, 2017 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. ARTS and HUMANITIES COMMISSION —"Champion of Arts" Winner Emily S. Labows, Director—Cultural Affairs Carolyn Garrett, President—Arts and Humanities I. PUBLIC HEARING 1. LEASE OF CITY PROPERTY 2nd Street and Atlantic Avenue PUBUC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBUC HEARING on Tuesday,June 8, 2017. at 8W p.m.in the Council Chamber.City Hall - Bldg #1. at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public comment on the proposed leasing of the following Approxi ea property: Mpmlcaed tteinsq. io 34 acre)located at the intersectionvenof ee Streetand overflow Avenue to Gbe used for 33 and parking427 31-39:2427-32-3003 3a]1 314918). If you are pIYSValN disabled or visually Impaired and need caassistance at this meeting please ll the CITY CLERKS OFFICE at 3%93J$Hearing impaired call 711(Virginia Relay). Any questions concerning this matter should be directed to the Department of Public Works - Facilities Management Office, Municipal Center.Bldg,18,Room 228, phone number (757) 385-5659. All interested parties are invited to attend. Ruth Hodges Fraser.MMC City Clerk BEACON: May 28.2017-I TIME J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND the City Code § 35-42 re EXEMPTION to Real Property Taxes for surviving spouses of First Responders killed in the line of duty 2. Ordinances to: a. AUTHORIZE the City Manager to EXECUTE a Lease, with renewal options, to Schooner Inn for property at 2"d Street and Atlantic Avenue re overflow parking b. DECLARE City property on Upton Drive in excess and AUTHORIZE the City Manager to EXECUTE the documents necessary to SELL the property to Michael and Cheryl Caffyn 3. Ordinance to ALLOW an increase in compensation to City Council Appointees effective July 1, 2017: a. City Manager b. City Attorney c. City Clerk d. City Assessor e. City Auditor 4. Resolution to AUTHORIZE two (2)Neighborhood Identification Signs to be installed in the median of Shore Drive at Dupont Circle and Marlin Bay Drive 5. Resolution to EXTEND the City's Cable Franchise with Verizon Virginia, Inc. until December 31, 2017, or the date of renewal 6. Resolution to GRANT new and renewal Permits to ALLOW Emergency Medical Services (EMS)Agencies to operate in the City: a. Swift Medical Transport (new) b. Fast Track EMS, LLC c. Miracle Medical Transport, LLC d. NuCare Carolina Ambulance, Inc. e. MB Solutions, LLC £ Shore Transport Services, Inc. 7. Ordinances to APPROPRIATE and TRANSFER: a. $117,331 from the Auction Sales and Salvage Recovery to Fleet Management re vehicle replacement b. $6,165 from the Fire Department Gift Fund re purchase of Grills for Stations 11 and 18 and maintenance on the Monster Fire Truck c. $300,000 from the Landmark Foundation to Public Health for the Baby Care Program d. $450,000 from the General Fund Reserve and $447,385 from the Police Department to Non-Departmental Operating Budget re cost increases to the Real Estate Tax Relief Program e. Police Department: 1. $600,000 to the Fire Department re to reallocate Health Insurance costs 2. $300,000 to Juvenile Probation Office re to support dispositional services t[ -z.,:,Iiit, Fs : yl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Exempt Real Property Taxes of Surviving Spouses of Certain First Responders Killed in the Line of Duty and to Amend City Code Section 35- 42 Regarding Administration of Certain Tax Exemption Programs MEETING DATE: June 6, 2017 • Background: The voters of the Commonwealth of Virginia approved an amendment of the Virginia Constitution to authorize the General Assembly to enact a law to provide a local option to exempt real property taxes the surviving spouses of certain persons killed in the line of duty. The amendment to the Virginia Constitution applies to "any law-enforcement officer, firefighter, search and rescue personnel, or emergency medical services personnel." The General Assembly approved the required statutory corollary to the constitutional amendment during its 2017 Session. That act will be codified as §§ 58.1-3219.13— 3219.16 of the Code of Virginia. As described in § 58.1-3219.13, the eligibility for such exemption requires a determination, pursuant to the Line of Duty Act, by the Virginia Comptroller prior to July 1, 2017 or the Virginia Retirement System on or after July 1, 2017. • Considerations: The attached ordinance meets the requirement that a local ordinance be adopted to allow the exemption from real property taxes authorized by the voters and the General Assembly. The ordinance also tasks the Commissioner of the Revenue with administration of the exemption program. Consistent with the enabling legislation, the effective date is July 1, 2017. As described by the 2017 legislation, the exemption is limited to the portion of value of the real property that is not in excess of the average assessed value of single-family residential property. The FY18 Annual Report of the Real Estate Assessor provides the mean assessment of single-family residences in the City is $330,700. Any portion of value above the mean would be subject to taxes. The surviving spouse would be eligible for the exemption so long as the spouse does not remarry and occupies the house as his principal place of residence. • Public Information: This item will be advertised as part of the normal Council Agenda Process. • Attachment: Ordinance REQUESTED BY COUNCILMEMBERS KANE AND WOOD REQUESTED BY COUNCILMEMBERS KANE AND WOOD 1 AN ORDINANCE TO EXEMPT REAL PROPERTY TAXES 2 OF SURVIVING SPOUSES OF CERTAIN FIRST 3 RESPONDERS KILLED IN THE LINE OF DUTY AND TO 4 AMEND CITY CODE SECTION 35-42 REGARDING 5 ADMINISTRATION OF CERTAIN TAX EXEMPTION 6 PROGRAMS 7 8 Section Amended: § 35-42 9 10 WHEREAS, the voters of the Commonwealth of Virginia amended the Virginia 11 Constitution to authorize an exemption from real property taxes for the surviving 12 spouses of certain persons killed in the line of duty; and 13 14 WHEREAS, the authorization to exemption real property taxes for the surviving 15 spouse of certain persons killed in the line of duty is a local option and, accordingly, to 16 be effective requires the City Council to adopt an ordinance; and 17 18 WHEREAS, the City Council desires to express its gratitude for the sacrifices of 19 first responders and acknowledges that the removal of the burden of paying real estate 20 taxes can never replace the loss felt by a surviving spouse; 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA, THAT: 24 25 1. The City Council authorizes an exemption from taxation for real property 26 for the surviving spouse of certain persons killed in the line of duty as authorized by 27 Article X, Section 6-B of the Constitution of Virginia and §§ 58.1-3219.13, et seq. of the 28 Code of Virginia. 29 30 2. Section 35-42 of the City Code is amended and reordained to read as 31 follows: 32 33 Sec. 35-42. - Administration of tax exemption 34 program for disabled veterans, surviving spouses of servicemembers killed in 35 action, and surviving spouses of certain first responders killed in the line of duty . 36 37 The disabled veteran real property tax exemption, surviving spouse of 38 servicemembers killed in action, and surviving spouse of certain first responders killed 39 in the line of duty programs shall be administered by the commissioner of the revenue. 40 The commissioner of the revenue shall administer this program in accordance with the 41 Virginia Constitution and the Virginia Code. 42 43 3. The effective date of this ordinance is July 1, 2017. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: a144d6(A---- i Phil KellamDana .arm: er Commissioner of Revenue City Attorney's Office CA14055 R-2 May 12, 2017 fe CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for One (1) Year, with Four (4) One-Year Renewal Options, for City-Owned Property Located at the Intersection of 2nd Street and Atlantic Avenue MEETING DATE: June 6, 2017 • Background: The City of Virginia Beach (the "City") owns two (2) parcels of land consisting of approximately 15,000 sq. ft. (0.34 acre) located at the intersection of 2nd Street and Atlantic Avenue (GPINs: 2427-32-3003 and 2427- 31-3918) (collectively, the "Premises"). C.B.M. Co. (t/a Schooner Inn) ("Schooner") has been leasing the Premises since 2007, and desires to continue leasing the Premises solely for parking for registered guests of the Schooner Inn. • Considerations: This lease would be for a term of one (1) year, with four (4) one-year renewal options. Schooner has agreed to pay the City rent in the amount of $2,935.25 per month ($35,223.00 annually) for the initial term, with a three percent (3%) escalation each year thereafter. The City has the right to terminate the lease upon ninety (90) days' written notice. See attached Summary of Terms for more specific terms. • Public Information: Advertisement of Public Hearing. Advertisement of City Council Agenda. • Alternatives: Approve terms of the lease agreement as presented, change the terms of the lease agreement or deny leasing the Premises. • Recommendations: Approval • Attachments: Ordinance Summary of Terms Location Map Disclosure Statement Form Recommended Action: Approval Submitting Department/Agency: Public Works / Facilities Managementp.D City Manager: / Y { I 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR ONE (1) 3 YEAR, WITH FOUR (4) ONE-YEAR RENEWAL 4 OPTIONS, FOR CITY-OWNED PROPERTY s LOCATED AT THE INTERSECTION OF 2ND STREET 6 AND ATLANTIC AVENUE 7 a WHEREAS, the City of Virginia Beach (the "City") is the owner of two (2) 9 parcels of land totaling approximately 15,000 sq. ft. (0.34 acre), located at the 10 intersection of 2ntl Street and Atlantic Avenue (GPINs: 2427-32-3003 and 2427-31- 11 3918) (collectively, the Premises"); 12 13 WHEREAS, C.B.M. Co. (Ua Schooner Inn), a Virginia corporation, 14 ("Schooner") has leased the Premises from the City since 2007, and desires to as continue leasing the Premises; 16 17 WHEREAS, Schooner desires to enter into a new lease agreement for the 18 Premises for a term of one (1) year, with four(4) one-year renewal options; 19 20 WHEREAS, Schooner has agreed to pay the City $2,935.25 per month 21 ($35,223.00 annually) for the use of the Premises for the initial term, with a three 22 percent(3%) escalation each year thereafter; and 23 24 WHEREAS, the Premises would continue to be utilized for hotel guest 25 parking, and may be sublet only with the written consent of the City. 26 27 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 That the City Manager is hereby authorized to execute a lease for the term of 31 one (1) year, with four (4) one-year renewal options, between C.B.M. Co. (t/a 32 Schooner Inn) and the City for the Premises, in accordance with the Summary of 33 Terms attached hereto as Exhibit A, and made a part hereof, and such other terms, 34 conditions or modifications as may be acceptable to the City Manager and in a form 35 deemed satisfactory by the City Attorney. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia on the 38 day of , 20_ APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM hip' a�� ((/ S m y � City Attorney Public Wo s/ Faciliti s Management CA13878 uvogovcom,DFS1V,ryllrahOMluryLawp,mky¢m32 Wpdoam3nwos10000aall DOC R-1 May 25, 2017 EXHIBIT A SUMMARY OF TERMS LEASE OF CITY-OWNED PROPERTY LOCATED AT 2ND STREET AND ATLANTIC AVENUE LESSOR: City of Virginia Beach (the "City") LESSEE: C.B.M. Co. (t/a Schooner Inn) PREMISES: Approximately 15,000 sq. ft. (0.34 acre)of City-owned property located at the intersection of 2nd Street and Atlantic Avenue. TERM: May 1, 2017 through April 30, 2018, with four(4)one-year renewal options (the "Term"). RENT: $2,935.25 per month($35,223.00 annually)for the first year and escalated by three percent(3%)each year thereafter. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Premises solely for parking for registered guests of Schooner Inn; any assignment or sublease must be approved in writing by the City. • Keep, repair, and maintain the Premises, at its sole expense, in a safe, clean and orderly condition. • Maintain commercial general liability insurance coverage with policy limits of not less than one million dollars($1,000,000)combined single limits per occurrence. • Assume full responsibility and liability for any and all damages to persons or property caused by any actor omission of the Lessee or its agents, etc. associated with the use of the Premises. • Obtain any necessary permits in connection with its use of the Premises. • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease, including any applicable leasehold taxes. RIGHTS AND RESPONSIBILITIES OF LESSOR: • Access to the Premises at any time, without prior notice, in the event of an emergency. • The right to require Lessee to surrender possession and control of the Premises to the City upon forty-eight(48)hours' written notice, if needed for a public purpose. TERMINATION: • The City may terminate the Lease for any reason upon ninety(90)days' written notice. CITY OWNED PROPERTY TO BE LEASED TO C.B.M. CO. T/A SCHOONER INN 1;;:t \. , , .. . , .,,, • , iiiiirl' , ."--;---<;-. � I ...,...... \...t........... \ çç\ \. \ , A rt71k Ill• I i '�.„ 4,0� s, \ 1 f '` Y:�-...4 1 r� I I I 01 11 It 13� ,T. t, • :,,...,,,,--,;-- Ill , • . , 7 Nzgliok �,+ - . i :a I I I r \,. I • , .**, . - -.:" : \\64.1.<\.\ ,.--. 1 II,. . City Owne Property GPIN: 2427-31-39 .. `\ I,',. ,- Appro 0.34 acre A. \\.\\\\ ►..�~ . �. \. ' (i _ V V irelni,• Hr.0 APPLICANT'S NAME DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness 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 disclosues contained in this form are necessary to inform r public officials who may vote on the application as to whether they have a conflict of ?rtte, est. under Virginia law. i h SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 c — ❑ ❑ 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: C- Ij/� AI C 0 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) ,c;3c-rt.r Grl>✓rs'S S. oc:."-a. JC, Ml�r�n :a. A . -for,tvl& 4c Mnr,n .J u , yon.;2. Fff.18.y r fLr fg.7T t . %.on72. rr_. S nfir (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 Y SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ri 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 111EN complete the following. (A) List the Property Owner's name: tC M C-e If an LLC, list the member's names: Page 2 of 7 VB Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) i a . dAovt=- (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2.3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, Iii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. f 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 DIFFF NT, EACH MUST COMPLETE THE SECTION S EPERATELY Page 3 of 7 APPLICANT Virgin YES NO SERVICE PROVIDER (use additional sheets if needed) .4�J EI Accounting and/or preparer of vV itsr F,&I vcLs�i t_ your tax return • aI Architect/ Landscape Architect / lug Land Planner Contract Purchaser(if other than She Aoolicant) - identify purchaser and purchaser's service providers Any other pending or proposed 'Ai purchaser of the subject property (identify purchasers)and purchaser's service providers) • L( Engineers Construction Contractors l4 Engineers /Surveyors/Agents Financing (include current V✓.-...5 raiz c v n mortgage holdersandleenders selected or being considered to provide financing for acquisition or construction of the property) • ® Legal Services Real Estate Brokers / H Fl 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 • C 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? Jai 9 Lf is-. d r5 n .,' cant...; = � c R M C . WI ni riv o ,'H.-'ti F I 'J 1-v'-.fl i_ e far i1-'-ra - . Page 4 of 7 Virginia Beach • CERTIFICATION: - - - _ --- - .. I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Applicata n. / .tet 44 tr- L , X,,.n rei5. ltV ii APPLICANTS SIGNATURE PRINT NAME DATE Page 5 of 7 Afpuc LC' / OWNER Virgin YES NO SERVICE PROVIDER (use additional sheets if needed) nn Accounting and/or preparer of your tax return nArchitect/ Landscape Architect/ Land Planner ❑ ❑ Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed H purchaser of the subject property (identify purchaser(s) and purchaser's service providers) nConstruction Contractors nEngineers / Surveyors/Agents Financing (include current ❑ n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nU Legal Services Real Estate Brokers / I�I [1 Agents/Realtors for current and I I I I anticipated future sales of the subject property • - * SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 [ (....)T--4," i' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Declaring 4,100 sq. ft.+/- of City Property (a portion of GPIN 2414-46-1943) Located on Upton Drive to be in Excess of the City's Needs and Authorizing the City Manager to Execute the Documents Necessary to Sell the Property to Michael P. Caffyn and Cheryl Caffyn MEETING DATE: June 6, 2017 • Background: In 1985, the City of Virginia Beach acquired 10.533 acres of property on Upton Drive by condemnation for the Transportation Safety Improvement Project (CIP 2-024) (the "Property'). The City compensated Lakeside Construction Corporation $528,150 for the Property. Portions of the Property have been used for right-of-way, a City park, Habitat for Humanity homes, and a conveyance to the adjacent homeowner. At this time, approximately 5 acres of the original Property remains unused (the "Residual"). A proposal was received by the City to dedicate a portion of the Residual to South Hampton Roads Hospice House ("Hospice House") for the development of a 12-bed hospice facility. The City proposes to convey approximately 2.23 acres to Hospice House, and retain the rest of the Residual for future commercial use. Michael P. Caffyn and Cheryl Caffyn (the "Caffyns") own the property at 2201 Bierce Drive (GPIN: 2414-47-4218), directly adjacent to the proposed Hospice House. In 1999, the Caffyns purchased 13,171 sq. ft. of the Property for $9,500. The Caffyns propose to purchase an additional 4,100 sq. ft. portion of the Residual between their property and the proposed Hospice House in order to provide an additional buffer between the properties (the "Buffer"). The Caffyns have agreed to a sale price of approximately $2,829 to be adjusted accordingly based on amount of square footage actually conveyed. The Caffyns will be responsible for preparation and cost of a plat to resubdivide the Residual and to incorporate the Buffer into their current parcel. In addition, the Caffyns will be required to relocate their privacy fence to the new property line and bear all costs associated therewith. • Considerations: Subject to Council approval, the City has reached an agreement to sell the Buffer for $2,829, based on 4,100 sq. ft., with the exact amount to be adjusted accordingly depending on the survey results. The sale will be conditioned upon Hospice House obtaining a conditional use permit and conveyance of the a portion of the Residual to Hospice House. Because the Property was acquired through condemnation, three-fourths of all City Council members must vote in favor of the sale in order for such to be effectuated. • Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia was held on April 18, 2017. There were no speakers. Advertisement of City Council Agenda. • Recommendations: Approval • Attachments: Disclosure Statement, Ordinance, Summary of Terms and Location Map Recommended Action: Adoption of ordinance Submitting Department/Agency: Public Works/Real Estate J%) (� if,,, City Manager: L C 1'"_ 1 AN ORDINANCE DECLARING 4,100 SQ. FT. +/- OF 2 CITY PROPERTY (A PORTION OF GPIN 2414-46- 3 1943) LOCATED ON UPTON DRIVE TO BE IN 4 EXCESS OF THE CITY'S NEEDS AND 5 AUTHORIZING THE CITY MANAGER TO SELL THE 6 PROPERTY TO MICHAEL P. CAFFYN AND 7 CHERYL CAFFYN 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 10 certain 5.101+/- acres of land on Upton Drive, which the City acquired in 1985 as a part 11 of the Transportation Safety Improvement Project, CIP 2-024 (the "City Property"); 12 13 WHEREAS, the City has been negotiating with Hospice House of South 14 Hampton Roads, Inc. ("Hospice House") to convey a portion of the City Property to 15 Hospice House for use as a 12-bed hospice facility; 16 17 WHEREAS, the proposed Hospice House property is adjacent to 2201 18 Bierce Drive, GPIN 2414-47-4218, which is owned by Michael P. Caffyn and Cheryl 19 Caffyn (the "Caffyns"); 20 21 WHEREAS, the Caffyns have requested to purchase approximately 4,100 22 sq. ft. of the City Property as shown on Exhibit A attached hereto and made a part 23 hereof, to provide a buffer between their property and the adjacent development by 24 Hospice House (the "Buffer"); 25 26 WHEREAS, the Caffyns have agreed to pay $2,829 for the Buffer based 27 on the expected maximum size of 4,100 sq. ft.+/-, with the actual purchase price to be 28 prorated based on the amount of square footage actually conveyed; 29 30 WHEREAS, the Caffyns will purchase the Buffer in accordance with the 31 Summary of Terms attached hereto as Exhibit B and made a part hereof; and 32 33 WHEREAS, the City Council is of the opinion that the Buffer is in excess 34 of the needs of the City of Virginia Beach. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 37 OF VIRGINIA BEACH, VIRGINIA: 38 39 That up to 4,100 sq. ft.+/- of the City Property located on Upton Drive and 40 adjacent to 2201 Bierce Drive is hereby declared to be in excess of the needs of the 41 City of Virginia Beach and that the City Manager is hereby authorized to execute any 42 documents necessary to convey the Buffer to Michael P. Caffyn and Cheryl Caffyn in 43 accordance with the Summary of Terms and such other terms, conditions or 44 modifications as may be acceptable to the City Manager and in a form deemed 45 satisfactory by the City Attorney. 46 47 Further, that the revenue from the sale of the Buffer, estimated to be 48 $2,829, shall be received and appropriated to the Traffic Safety Improvements IV 49 Project (CIP 2-111). 50 51 This ordinance shall be effective from the date of its adoption and shall 52 expire if the sale is not completed by June 5, 2022, unless extended by City Council 53 prior to expiration. 54 55 Requires an affirmative vote by three-fourths (3/4) of all members elected to 56 City Council. 57 58 Adopted by the Council of the City of Virginia Beach, Virginia, on the 59 day of , 2017. 60 CA-13879 R-1 PREPARED: 5/26/17 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: 0-hal PUBLIC WORKS, REAL ESTATE 53>n CITY ATTORNEY APPROVED AS TO CONTENT: UDGETT R��NAGE ENT SERVICESENT SERVICES EXHIBIT A Buffer = "Area to be conveyed to Caffyns" "`° M �� Caffyns' Original TO Parcel Area Area to be 15, ..... , it' conveyed to Caffyns (4,1001 SF) /• t i \` \ :r• / / \ i i `% \ / ti4kibek i ‘NA% % 2;r:6. i \ NI( / %, / City Property Added to / Caffyns'Original Parcel Area `-- in 1999 (13,171SF) i EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY - 4,100 SQ. FT. +/- ON UPTON DRIVE SELLER: City of Virginia Beach PURCHASER: Michael P. Caffyn and Cheryl Caffyn PROPERTY: A wedge of land (4,100 sq. ft. +/-) with 15 ft. of frontage on Upton Drive (a portion of GPIN: 2414-46-1943) adjacent to 2201 Bierce Drive (the "Buffer") SALE PRICE: $2,829.00 based on $0.69 / S.F. CONDITIONS OF SALE: • The Buffer will be purchased "As Is, Where Is." • The Buffer is currently zoned R-7.5. • The Buffer shall be subdivided and combined with 2201 Bierce Drive at the Purchaser's expense in order to eliminate interior lot lines. • The Purchaser may use the Buffer as additional buffer for the adjoining parcel and for no other purpose. • The Purchaser will be required to relocate their privacy fence to the new property line, at Purchaser's sole expense. • Purchaser shall deposit with City the amount of Six Hundred Dollars ($600.00) upon execution of the Purchase Agreement. • The Department of Public Works will deposit the proceeds from the sale of the Property into Traffic Safety Improvements IV Project (CIP 2-111). nnoW Virginia Beach APPLICANT'S NAME Michael P. &Cheryl Cattyn 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. e ' SECTION 1 / APPLICANT DISCLOSURE FOR CON USE i j(, /au Ci:..I(c cum•*i, ;p, t Ier r. on;,;,,y: F+i„ a.r,�, Pagel of7 ,P1o�1::�o;1mdcaf.E�,;�rn 111u,o.nhSt Ecn;,Ip. ,,.iI, ..:'..�rc.;. ❑ APPLICANT NOl11 ICO Of HEARING I Ei NO CHANGES AS OF P/71- REVISIONS SUBMIll FL) <TfREVISIONSSNBMIllFL) I LrtI Virginia ' 'e Bead) 0 Check here If the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_ 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 property owner Is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER ISa corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name:CITY OF VIRGINIA BEACH If an LLC, list the member's names: Page 2 of 7 XB vuHiaia Herb If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list If necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 'Parent-subsidiary relationship means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§ 2.2-3101. 2 'Affiliated business entity relationship' means "a relationship, other than parent-subsidiary relationship, that exists when 0) one business entity has a controlling ownership interest in the other business entity, (Ii) a controlling owner in one entity is also a controlling owner In the other entity, or (iii) there is shared management or control between the business entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship include that Me 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 Were is otherwise a close working relationship between the entitles' See State and Local Government Conflict of interests Act, Va.Code § 2.2-3101 4 e SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the aooliratlon or any business operating or to be operated on the Property. If the answer to any Item is YES, please identify the firm or Individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT lB YES NO r SERVICE PROVIDER(use additional sheets If needed) El 0l Accounting and/or preparer of uu your tax return 0LLLIII Architect/Landscape Architect/ Land Planner Contract Purchaser Of other than 0 the ADnikant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ [A' purchaser of the subject property IJ (identify purchaser(s)and purchaser's service providers) L t/ Construction Contractors CEngineers/Surveyors/Agents Financing (Include current EImortgage holders and lenders I L° �� selected or being considered to tiO(.1 I5 4-as-Go provide financing for acquisition V or construction of the property) ❑ uit Legal Services D / Real Estate Brokers / ix. 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 ❑ d an interest In the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virgi... B nia Beath CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this application. 1ttt0et f. cnr-nd 'nitert APPLICANT'S SIGNATURE PRINT NAME DATE CAB%teCtisnr C.-Kenji Ca4•(a.tn 5.17•l`7 Page 5 of 7 OWNER ../1;ginia Beach YES NO [ SERVICE PROVIDER(on additional sheets if keeed) ❑ 1 Accounting and/or preparer of your tax return El El Architect Landscape Architect/ -� Land Planner/ Contract Purchaser(If other than ❑ ❑ the Applicant)-identify purchaser ISM and purchasers service providers Any other pending or proposed ❑ ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 7 ❑ 0 Construction Contractors 1111 ❑ Engineers/Surveyors/Agents Financing (include current ❑ E mortgage holders and lend s selected or being consld d to provide financing for a ulsition or construction of th roperty) O ❑ Legal Services Real Estate Br ers / ❑ ❑ Agents/Rea rs for current and anticipat uture sales of the subject operty ♦ • s/ SECTIOV 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YESO Does an official or employee of the City of Virginia Beach have / ❑ an interest in the subject land or any proposed development 5111 contingent on the subject public action? I es,what is the name of the official or employee and what is the nature of the Interest? Page 6 of 7 13 rev Virginia Beech 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 en scheduled for public hearing, I am responsible for updating the infor tion provided herein two weeks prior to the Planning Commission, Cou , VBDA meeting, or meeting of any public body or committee in connect* with this Application. PROPERTY OWNERS SIGNATURE PRINT NAME DATE / v a Page 7 of 7 ES4 ‘;1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Ordinances Pertaining to the Compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor MEETING DATE: June 6, 2017 • Background: City Code § 2-89 provides that the City Council shall determine, on an annual basis, the compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor, all of whom are directly appointed by the City Council. The budget ordinances adopted by City Council in May 2017 provide, for all full- time employees, a 1% general increase in salary effective with the pay period that includes July 1, 2017, and a 1% merit increase effective July 1, 2017. • Considerations: The attached ordinances make no changes to the appointees' salaries other than the 1% general salary increase and 1% merit increase that City Council previously approved for all full-time City employees. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Five ordinances Requested by City Council 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY MANAGER 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council; 7 8 WHEREAS, on May 9, 2017, the City Council adopted an operating budget that 9 includes a 1% general increase in salary for all full-time City employees effective at the 10 beginning of the pay period that includes July 1, 2017, and a 1% merit increase for all 11 full-time City employees, effective on July 1, 2017. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 1. That the current base annual salary of the City Manager is $258,442.34; 17 his car allowance is and shall remain at $12,000 annually; the City's contribution to his 18 deferred compensation plan is and shall remain at $10,000 annually; and, in 19 accordance with his employment contract, the City shall continue to pay the total 20 premium for his family health and dental insurance, and the City shall also pay the full 21 premium for the City Manager's long term care insurance. 22 23 2. That the City Manager shall receive a general increase of 1% of his salary 24 effective at the beginning of the pay period that includes July 1, 2017, and he shall also 25 receive a 1% merit increase, effective on July 1, 2017. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017. APPROVED AS TO LEGAL SUFFICIENCY: GS Roderick City Attorney's Office CA14070 R-1 May 23, 2017 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY ATTORNEY 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council; 7 8 WHEREAS, on May 9, 2017, the City Council adopted an operating budget that 9 includes a 1% general increase in salary for all full-time City employees effective at the 10 beginning of the pay period that includes July 1, 2017, and a 1% merit increase for all 11 full-time City employees, effective on July 1, 2017. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 1. That the current base annual salary of the City Attorney is $218,617.10, 17 the City's contribution to his deferred compensation plan is and shall remain at $10,000 18 annually, and his car allowance is and shall remain at $10,000 annually. 19 20 2. That the City Attorney shall receive a general increase of 1% of his salary 21 effective at the beginning of the pay period that includes July 1, 2017, and he shall also 22 receive a 1% merit increase, effective on July 1, 2017. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017. APPROVED AS TO LEGAL SUFFICIENCY: ; r Roderick R. Ingram City Attorney's Office CA14071 R-1 May 23, 2017 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY CLERK 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council; 7 8 WHEREAS, on May 9, 2017, the City Council adopted an operating budget that 9 includes a 1% general increase in salary for all full-time City employees effective at the 10 beginning of the pay period that includes July 1, 2017, and a 1% merit increase for all 11 full-time City employees, effective on July 1, 2017. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 1. That the current base annual salary of the City Clerk is $122,988.06, and 17 her car allowance is and shall remain at $10,000 annually. 18 19 2. That the City Clerk shall receive a general increase of 1% of her salary 20 effective at the beginning of the pay period that includes July 1, 2017, and she shall also 21 receive a 1% merit increase, effective on July 1, 2017. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017. APPROVED AS TO LEGAL SUFFICIENCY: Roderick R. Ingram 0 City Attorney's Office CA14073 R-1 May 23, 2017 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY REAL 3 ESTATE ASSESSOR 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 City Council; 8 9 WHEREAS, on May 9, 2017, the City Council adopted an operating budget that 10 includes a 1% general increase in salary for all full-time City employees effective at the 11 beginning of the pay period that includes July 1, 2017, and a 1% merit increase for all 12 full-time City employees, effective on July 1, 2017. 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 17 1. That the current base annual salary of the City Real Estate Assessor is 18 $142,613.90, and the City's contribution to his deferred compensation plan is and shall 19 remain at $4,000 annually. 20 21 2. That the City Real Estate Assessor shall receive a general increase of 1% 22 of his salary effective at the beginning of the pay period that includes July 1, 2017, and 23 he shall also receive a 1% merit increase, effective on July 1, 2017. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017. APPROVED AS TO LEGAL SUFFICIENCY: Roderick R. Ingram __— City Attorney's Office CA14074 R-1 May 23, 2017 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY AUDITOR 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council; 7 8 WHEREAS, on May 9, 2017, the City Council adopted an operating budget that 9 includes a 1% general increase in salary for all full-time City employees effective at the 10 beginning of the pay period that includes July 1, 2017, and a 1% merit increase for all 11 full-time City employees, effective on July 1, 2017. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 1. That the current base annual salary of the City Auditor is $125,239.92, his 17 car allowance is and shall remain at $6,000 annually. 18 19 2. That the City Auditor shall receive a general increase of 1% of his salary 20 effective at the beginning of the pay period that includes July 1, 2017, and he shall also 21 receive a 1% merit increase, effective on July 1, 2017. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017. APPROVED AS TO LEGAL SUFFICIEN//CY: Z Roderick Ingram (.) -- City Attorney's Office CA14072 R-1 May 23, 2017 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A RESOLUTION AUTHORIZING TWO NEIGHBORHOOD IDENTIFICATION SIGNS TO BE INSTALLED IN THE MEDIAN OF SHORE DRIVE AT DUPONT CIRCLE AND AT MARLIN BAY DRIVE MEETING DATE: June 6, 2017 • Background: In 2013, the City Council adopted a policy establishing the Neighborhood Identification Signs (NIS) program. A NIS sign is a sign placed on public property for the purpose of designating an area of the city that has a historical, cultural, architectural or artistic significance. Under the NIS policy, a non-profit organization may submit a sign request to the Department of Planning and Community Development (PCD) that includes a description of the significance of the area that will be designated by the signage. The Ocean Park Civic League has submitted a request to locate two identification signs in the Shore Drive median. The Ocean Park Civic League met on January 5, 2017 and voted to authorize funding for the fabrication of the sign. The costs associated with the installation will be donated by local businesses. The civic league presented the proposal to the Bayfront Advisory Commission, who endorsed it at their March meeting. • Considerations: Consistent with the City Council's NIS policy, the civic league provided a narrative that describes the historic nature of the Ocean Park neighborhood, which has been verified by the PCD's Historic Preservation Planner. In Staffs opinion, the unique history of Ocean Park meets the policy for permitting identifying signage. The Department of Public Works has approved of the location of the signs in the Shore Drive right-of-way, as well as the design of the signs from a safety and operational standpoint. Additionally, the Department of Parks and Recreation has approved the Landscaping Plan for the signage, which includes the minimum planting requirements for signs. • Recommendation: Staff recommends approval of two Neighborhood Identification Signs for the Ocean Park neighborhood at the locations depicted on the attached exhibit. , dr. I', „ Ic, rue • Attachments: Exhibits A & B Disclosure Statement Resolution Recommended Action: Approval Submitting Department/Agency: Planning City Manager: /NL 1 A RESOLUTION AUTHORIZING TWO 2 NEIGHBORHOOD IDENTIFICATION SIGNS TO BE 3 INSTALLED IN THE MEDIAN OF SHORE DRIVE AT 4 DUPONT CIRCLE AND AT MARLIN BAY DRIVE 5 6 WHEREAS, the Ocean Park Civic League (the "OPCL") desires to erect two 7 neighborhood identification signs welcoming citizens and tourists to the Ocean Park 8 Neighborhood; and 9 10 WHEREAS, the OPCL has applied for such signs in accordance with the City 11 Council Policy establishing the Neighborhood Identification Sign Policy (the "Policy"); 12 and 13 14 WHEREAS, the application has been approved by the Departments of Planning 15 and Community Development, Parks and Recreation and Public Works; and 16 17 WHEREAS, the City of Virginia Beach ("City") owns real property in the median 18 of Shore Drive at Dupont Circle and at Marlin Bay Drive that would be suitable locations 19 for such signs; and 20 21 WHEREAS, the Department of Planning and Community Development 22 recommends that the City Council allow the construction and eventual dedication of two 23 neighborhood identification signs and appropriate landscaping for the Ocean Park 24 Neighborhood, a copy of a rendering of the signs is attached hereto as Exhibit A; and 25 26 WHEREAS, the signs will be placed in the median of Shore Drive at Dupont 27 Circle and at Marlin Bay Drive as coordinated with the Department of Public Works, a 28 copy of a map of the intersections and potential sign placement is attached hereto as 29 Exhibit B; and 30 31 WHEREAS, the Policy provides for the OPCL to dedicate the signs to the City 32 after they have has been constructed. 33 34 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH, VIRGINIA, THAT: 36 37 The OPCL is hereby authorized to construct, and later to dedicate two 38 neighborhood identification signs in the median of Shore Drive at the locations indicated 39 in accordance with the Neighborhood Identification Sign Policy. 40 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: ct Barry Frankenfield B. Kay ilso Department of Planning Office of tie Cit Attorney and Community Development CA14062 R-1 May 19, 2017 1 f —.) -1.- 0 • s 8 (19 7)$ ▪ = tAa-4 - -- oo—. o i i (/) ,r, , 1 \ :il. . -1 i o CP C . i W r :-. : _i , , .... , ' f `� ., r / co tit Nell , 11 I f 4 5' lk; II '. ' ' 0 P A 1 .4 4 , 1,1) V e& 34 I .lf N H l i t<r � tS dt , J � re'1 cr o p t A.p.� p C 4 r0M . w Ps v vc 3 7 P PAt • t C. S. i 2 � •` am,{ 'Al- I;:;. 1 . . fyO41. O 36* 114r411 7' . ir&. fira:sx = ;y • CQ i , 417 i •''. ° 'Si' •ay, • Or, .i.:. . •i;`,' " befit P, rii.;:la,---* _____.... ,, -. se •*-_,rigt. . 0 _ ,� its ^TS ♦• .. . { '.� .1/ sir ��'• • k.. Iv ' • M[t :-•144',. flt- -1 i r +- ` - It: -, ,..". N„,„,77 , 4. ,.....4r. .,-, ---A: 14; 9/ -. • .. .,: ,. 1 -k. 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Co ill .. .. , . ca { r ilk vy ' t . ti M1 lite_ • C Sor 11 I . .Y 0 t4 n 1 1 CU N • D . .tTi, 4 ..,. ,:. .; -0 (/') Ca j.. VitI (D -IN ,�p Y f cn CI) O • yR n o � �� F rn 0 f _;1.;,r,; A.4 (D �f �, m v I-\ 1 It M 1 m 2., r r T riflr74N1Nrili,). ill R •.,,,,, ..• 1M til .. . Iftwim. 41,,,.......1.4it 15111.0010 _ INO 3 Pv SCr. E STRATFORD- 7 . •; ROAD W #,•:,;•!..r:- ri" afik.,. _ ,...,..„, . . ,-„, - '' - : 0. ill'0441111,1.\ (n p a1 cO MI 7 n. CD 7 7 o `D rm -13 CD ty SU 0 - O at 0 7 rr rncQ 7 7 a 0 co Apr ZD if 1 I104E1 nem lilmert 10/-404-04u9 p.z VIig1012 Beach APPLICANT'S NAME OC€.AM rPAU Ct. (AC 1-1,4cut 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 1 Page I of 5 Carolyn Smith n _. Apr 261(11:b4e Beth Gilbert fb/-464.6409 p.3 Virginia Beads N 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:___DC fri �Tt i�SS _SLtJ iC. i- CC' If an LLC, list all member's names: -T cS kite pt4-s-n Ti 1CP-Snsun..4,fZ 9,_a0-�If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list If necessary) py. N'pRS.w' t b1-1 CLI --' ,i5 iron 6-1tAte M4IA^i✓ VvRr PAR -SA--StLQi7MzA (Cas-tit 2 t1.tdc4 TKG4s.utin (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 footnotesr and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if vrooerty owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name:__—____________________ If an LLC, list the member's names: Page 2 of 5 Apr/til/11:04a nein tillpon ton-non-04uy p.4 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. 0D a controlling owner in one entity Is also a controlling owner In the other entity, or Oil) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entitles; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activitks, resources or personnel on a regular basis; or there Is otherwise a dose working relationship between the entities' See State and Local Government Conflict of Interests Act, Va.Code 5 22-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or .ylv business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 Apr 261711'.54a Beth Gilbert 757-464-6409 p.5 Virginia Beach YES NO I SERVICE PROVIDER one additional sheets if needed) • Ci( Accounting and/or preparer of I 'T��/' your tax return D f� Architect/landscape Architect/ )'-' Land Wanner Contract Purchaser(if other then ❑ (21 the Anolicam)-identify purchaser and purchaser's service providers '"c' Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) vi Construction Contractors RNOR.Lw 64�M ❑ at Engineers/Surveyors/Agents �r X15✓'� '� S3aI "� Financing(include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers / D 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 Reach have • c7I an Interest in the subject land or any proposed development [T 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? tD&4LC3 11 .°Mull.Ns"' Y3(111--a9 Page4of5 t Stiftt4 <1 7'0 -rill 1 1, o all A,f; ,M/y- L/t70,141-0640-1(, 714G sl(riv 0°414 PIM- D o N iri£O Apr Lb 1/ 11IO4a nein linoen y.o V Virginia Beach CERTIFICATIOtt 1 certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. Among-, y� �R-�,y�� �C 11 Ya ncntsl {HgL"r7 APPLICANT'S SIGNATURE PRINT NAME ?RV, 058L DATTTEEE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 • CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Extend the City's Cable Franchise with Verizon Virginia, Inc. Until the Earlier of December 31, 2017 or the Date on Which the Franchise Agreement is Renewed MEETING DATE: June 6, 2017 • Background: On December 22, 2006 the City granted a 10-year fiber optic cable television franchise (the "Franchise") to Verizon Virginia, Inc. ("Verizon"). 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 has engaged the services of an outside consultant to perform a needs assessment for this purpose. In close proximity to the expiration date of December 22, 2016 ("Expiration Date"), the parties agreed to a 180-day extension pursuant to City Council Resolution RES- 03829, to continue negotiations of a renewal agreement ("Franchise Renewal"). The City is continuing to work with the consultant and Verizon to negotiate the Franchise Renewal and desires to further extend the current terms of the Franchise until the parties are able to finalize the Franchise Renewal. • Considerations: The City granted the initial Franchise in 2006, when fiber optic cable television (FiOS) technology first became available in the City. 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 the documents necessary to acknowledge Verizon's ability to continue to provide cable services within the City until the Franchise Renewal is complete. • Public Information: Advertisement of City Council Agenda • Recommendation: Approval • Attachments: Disclosure Statement Resolution Recommended Action: Approval Submitting Department/Agency: Information Technology i( l/ j City Manager: ' L �j�/ 1 A RESOLUTION TO EXTEND THE CITY'S CABLE 2 FRANCHISE WITH VERIZON VIRGINIA, INC. UNTIL THE 3 EARLIER OF DECEMBER 31, 2017 OR THE DATE ON 4 WHICH THE FRANCHISE AGREEMENT IS RENEWED 5 6 WHEREAS, the City's current cable franchise agreement with Verizon Virginia, 7 Inc. ("Verizon") expired on December 22, 2016 (the "Franchise"); 8 9 WHEREAS, the City has been conducting a public needs assessment 10 concerning the renewal of such franchise and has been engaged with Verizon in 11 negotiations to that end; 12 13 WHEREAS, review of the needs assessment and negotiations could not be 14 concluded prior to the expiration date of the Franchise; and 15 16 WHEREAS, the parties wish to extend the current franchise to the earlier of 17 December 31, 2017 or the date on which the Franchise is renewed, under the same 18 terms and conditions set forth in the Franchise; and 19 20 WHEREAS, the requested extension will not affect Verizon's customers, except 21 to allow them to continue to receive fiber optic cable television (FiOS) from Verizon; 22 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized and directed to execute on behalf of 27 the City, the documents necessary to extend the Franchise to December 31, 2017. 28 29 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 30 , 2017. 4, •VED AS TO CO APPROVED AS TO LEGAL SUFFICIENCY AND FORM 'ormation a hno gy City Attorney CA13988 R-1 May 26, 2017 9\B Virginia Heart' 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 ❑ 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 VOR CITY USE ONI V/ All disclosure= enst be updated,wo!zl creeds pi Page 1 of 4 -rich. nig CG he issiriri air' City Councu mull,iq that Est-wills Est-willsto the apphic ,. ❑ APPLICANT NOTIFIED OF HEARING Del F � .d NO CHANGES AS OF CAI L. 5b,10//70e8_0 R FVISI ONS SUBMITTED CAIt 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) Verizon Virginia LLC (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Verizon Virginia LLC is wholly-owned by Verizon Communications Inc. See next page for information pertaining to footnotes[ and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary r or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Virginia Beach t "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. • • 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) ▪ ® Accounting and/or preparer of your tax return ❑ ® Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than ▪ ® the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ▪ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ® Construction Contractors ❑ ® Engineers / Surveyors 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. in Beach Financing(include current ❑ • mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® 0 Legal Services Kerbey Hartington Pinkard LLP Real Estate Brokers /Agents 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 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? N/A CERTIFICATION: I certify that all of the Information contained in this Disclosure Statement Form Is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting • -n • b ' dy or committee in connection with this Application. Joshua Grubman, Esq. 1,2/0/14 I" CANT'S SIGNATURE PRINT NAME DATE i PROPERTY OWNER'S SIGNATURE PRINT NAME I DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. (tie __ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Grant Permits Allowing Certain Emergency Medical Services Agencies to Operate in the City of Virginia Beach MEETING DATE: June 6, 2017 • Background: City Code Section 10.5-2 requires any organization that operates an emergency medical services agency or any emergency medical services vehicle within the City to obtain a permit from City Council. New permits are valid until June 30 of the following calendar year. After the initial year, such permits must be renewed by City Council biannually. • Considerations: The following renewal applications have been received and processed by the Department of Emergency Medical Services for the operation of basic and advanced life support agencies: Fast Track EMS, LLC; Miracle Medical Transport, LLC d/b/a Mid-Atlantic Regional Ambulance; MB Solutions, LLC; NuCare Carolina Ambulance, Inc.; and, Shore Transport Services, Inc. During the previous twelve months, most of the private emergency medical services agencies listed above performed non-emergency and inter-facility transports to include both basic and advanced life support calls. The following new application has been received and processed by the Department of Emergency Medical Services for the operation of basic and advanced life support agency: Swift Medical Transport, LLC. • Public Information: Public information will be handled through the normal Council agenda process. • Attachments: Resolution and Disclosure Statement Forms Recommended Action: Adoption Submitting Department/Agency: Department of Emergency Medical Servicesgu v City Manager: /� / . 1 A RESOLUTION TO GRANT PERMITS ALLOWING CERTAIN 2 EMERGENCY MEDICAL SERVICES AGENCIES TO 3 OPERATE IN THE CITY OF VIRGINIA BEACH 4 5 WHEREAS, pursuant to City Code Section 10.5-2, any organization that operates 6 an emergency medical services agency or any emergency medical services vehicle within 7 the City must first obtain a permit from City Council, and such permits must be renewed on 8 a biannual basis; and 9 10 WHEREAS, applications for permit renewals have been received from the following 11 agencies: Fast Track EMS, LLC; Miracle Medical Transport, LLC d/b/a Mid-Atlantic 12 Regional Ambulance; NuCare Carolina Ambulance, Inc.; MB Solutions, LLC; and Shore 13 Transport Services, Inc.; and 14 15 WHEREAS, an application for a new permit has been received from Swift Medical 16 Transport, LLC; and 17 18 WHEREAS, the above-listed private ambulance agencies perform services not 19 provided by the City's volunteer rescue squads, such as non-emergency inter-facility 20 transports, which include both basic and advance life support calls. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 23 VIRGINIA BEACH; 24 25 1. That the City Council hereby grants renewed permits to the following agencies: 26 27 Fast Track EMS, LLC; Miracle Medical Transport, LLC d/b/a Mid-Atlantic 28 Regional Ambulance; NuCare Carolina Ambulance, Inc.; MB Solutions, LLC; 29 and, Shore Transport Services, Inc.; and 30 31 2. That these permits shall be effective from July 1, 2017 to June 30, 2019; and 32 33 3. That the City Council hereby grants a new permit to the following agency: 34 35 Swift Medical Transport, LLC; and 36 37 4. That this permit shall be effective from July 1, 2017 until June 30, 2018. 38 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: fit aim, Ed Brazle, Chief Eliz- ielh Bradley De trnette Emergency Medical Services City Attorney's Office CA14056 R-3 May 25, 2017 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. Organization name: Swift Medical Transport Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of I your tax return Financial Services (include lending/banking institutions and I current mortgage holders as applicable) ._. ✓ Legal Services CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to th- Council action upon this Application. X /S" APPLICANT'S SIC .TU17 _ Mike Motii 5 / 22 /2. 017 PRINT NAME DATE DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. Organization name: Fast Track EMS LLC Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: LYES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of V your tax return Financial Services (include lending/banking institutions and Y current mortgage holders as applicable) Y Legal Services CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. l APPLICANTS SIGNATURE James Stafford 05/17/2017 PRINT NAME DATE e,. ulfs,.. DISCLOSURE STATEMENT FORM • The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial T institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. • Organization name: 1 t I rack A I Q i r2i 1*ancQov 1_ Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return / Financial Services (include lending/banking institutions and current mortgage holders as applicable) Legal Services CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it chang:s prior to the Council action upon this Application. , APPL 1' IGNiATURt, ` �i (2-DO PRINT NAME DATE AV"Wd=n\OS/4)^4).YMChMENISP.15.s.+,:n i.rc PxGtM1 -111/ u< ..tw, ': VIcnIly Irina onn..errni)ditUr-StfiLtenen::WM Ovryywmwfs 4kmmenb‘fSmS Mw\ WC wM(.uF LR-M E4M,,Atu.GFLICINTha ) ewoh permiti,IN\. e 1.0{s. W' rM1,0..T DISCLOSURE STATEMENT FORM e 6 The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. Organization name: NuCare Carolina Ambulance, Inc . Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE j PROVIDER(use additional sheets if needed) V Accounting and/or preparer of your tax return Financial Services(include I✓ lending/banking institutions and current mortgage holders as a. .licable) Il/ Legal Services CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. " I understand I am responsible for updating the information provided herein if it I changes prior to the Council action upon this Application. X APPLICANT .A11112E Jshua Bailey 05 - 15 -2017 PRINT NAME DATE --- _ win DISCLOSURE STATEMENT FORM 4 The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. j Organization name: �,r 1 ,p ( ,i 7_7ys /LC • Are any of the following services being provided in connection with the applicant? If the.answer to any item is YES, please identify the firm or individual providing the service: YES f NO I 1 _ SERVICE I PROVIDER(use additional sheets if 1 • needed) X Accounting and/or preparer of hD your tax return L� leFinding/banking ankSeryng institutions X current og i erasand current mortgage holders as applicable) XLegal Services L 1 CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior rttt000tthe Council actionnupon this Application. PRINT NAME DATE DISCLOSURE STATEMENT FORM • 0 The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. Organization name: 51-wre pr--F SeiDiris J JCC - Are any of the following services being provided in connection with the applicant? If the answer to any Item is YES, please identify the firm or Individual providing the. service: YES NO 1 SERVICE PROVIDER fuse additional sheets If needed) Accounting and/or preparer of n_ I_ *urn CPH your tax return fCOU / Financial Services (include lending/banking institutions and -y,,; „fk current mortgage holders as hf 1-J,l l!,� ',, ,,} f yyy/// applicable) r]n(L rraxrk"Dn P KLegal Services i CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand 1 am responsible for updating the information provided herein if it changes prior to the Council actionacmupon�ppthis Application. X 5nJ _/- ii a.14t.� CitE LJ APPLICANT'S SIGNATURE -At:f r k T M Q-I--I-"h AA-5 6)1 /17 PRINT NAME DATE err 4 5: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $117,331 from the Auction Sales and Salvage Recovery to Fleet Management Asset Replacement MEETING DATE: June 6, 2017 • Background: Fleet Management is responsible for the complete life-cycle of all City fleet management assets. This includes the purchase of new vehicles, replacement of existing vehicles, and the disposal and sale of City assets. Replacements are budgeted annually for assets that are the responsibility of the General Fund. A revenue estimate of $600,000 is included within Fleet Management's FY 2016-17 Operating Budget for the sale of auctioned and salvaged vehicles. To date, the City has realized revenue in excess of the amount budgeted by $117,331. • Considerations: All of the funding included in the General Fund for vehicle replacement in FY 2016-17 has been exhausted. Two vehicles need to be replaced immediately to maintain current services for the Resort Area and traffic operations. Both of these trucks have suffered engine failure and are currently out of service. The Resort Area unit totals $47,000, and the traffic operations unit totals $70,000. The City Garage is requesting the appropriation of the $117,331 in over-realized revenue so that these two vehicles can be replaced immediately. • Public Information: Public information will be provided through the normal City Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Public Works/Fleet Management fJ —ria_ 1 �b City Manager: 1 AN ORDINANCE TO APPROPRIATE $117,331 FROM THE 2 AUCTION SALES AND SALVAGE RECOVERY TO FLEET 3 MANAGEMENT ASSET REPLACEMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $117,331 is hereby appropriated to the Department of Public Works, Fleet 9 Management for the Asset Replacement Program with estimated revenue from the 10 auction sales and salvage recovery increased accordingly. 11 12 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 13 2017. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Jon than Hobbs D a War Bud et and Management Services City Attorney's Office CA14065 R-1 May 22, 2017 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds from the Fire Department Gift Fund to Purchase Grills for Stations 11 and 18 and Perform Maintenance on the Monster Fire Truck MEETING DATE: June 6, 2017 • Background: In January 2010, the City Council adopted an ordinance to delegate authority to the City Manager to accept certain gifts on behalf of the City. The City established a gift fund (Fund 917) to provide a method for individuals to donate money to the Fire Department. The money is then deposited into the fund and tracked by the department to ensure it is expended for the purpose for which it was donated. Between April 2014 and May 2017, $550 was donated to Fire Stations 11 and 18 by numerous individuals and designated as specifically for that fire station to use as they deem appropriate. Also, between June 2012 and September 2013, $4,350 was donated to the Fire Department for the maintenance of the Monster Fire Truck. The Fire Department's Gift Fund currently has over $10,000 in donations that were not designated for specific stations but as general donations for the Fire Department's use. • Considerations: State law requires an appropriation prior to the spending of these funds. Donations from this fund have been used in the past to purchase grills for numerous fire stations. • Public Information: Public information will be handled through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval imp Submitting Department/Agency: Fire Department (tit City Manager: (� 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM 2 THE FIRE DEPARTMENT GIFT FUND TO 3 PURCHASE GRILLS FOR STATIONS 11 AND 18 4 AND PERFORM MAINTENANCE ON THE MONSTER 5 FIRE TRUCK 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $6,165 is hereby appropriated, with donation revenue increased 11 accordingly, to the Fire Department Gift Fund in the FY 2016-17 Operating Budget of 12 the Fire Department for the purchase of grills for Fire Stations 11 and 18 and to perform 13 maintenance on the fire monster truck. 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: Jo than Hobbs Dana p =rmeyer Budget and Management Services City Attorney's Office CA14068 R-1 May 23, 2017 sar`; , .ii" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds to the Department of Public Health for the Baby Care Program and to Continue the Authorization of Grant-Supported Positions MEETING DATE: June 6, 2017 • Background: The Department of Public Health has been awarded $900,000 ($300,000 for 3 years) from The Landmark Foundation to implement Baby Care, a maternal-child health program. Baby Care is a nurse directed, home visiting, case management program serving at risk maternity and pediatric clients from birth to age two. The Medicaid population would be the primary client base for these services. Other referrals for high risk clients would be considered. The City Council previously appropriated the first two $300,000 awards in February 2015 and May 2016. This funding would continue supporting 5.76 FTE's and other routine program costs. • Considerations: This grant provides $300,000 per year for three years to fund the Baby Care program in its entirety. There is no local match requirement for this grant. If the grant does not continue after the three year initial term, the City of Virginia Beach is not obligated to support this program. • Public Information: Public information will be provided through the normal Council Agenda Process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Virginia Beach Department of Public Health City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS TO THE DEPARTMENT OF PUBLIC 3 HEALTH FOR THE BABY CARE PROGRAM AND TO 4 CONTINUE THE AUTHORIZATION OF GRANT- 5 SUPPORTED POSITIONS 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 1) That $300,000 is hereby accepted from the Landmark Foundation and 11 appropriated, with estimated revenues increased accordingly, to the FY 2016-17 12 Operating Budget of the Public Health Department for the third year of a three year 13 Baby Care Program; and 14 15 2) That 5.76 FTEs including three full-time registered nurses, one full-time 16 administrative staff member, one part time (0.76 FTE) administrative staff member, and 17 one full-time outreach worker are approved and maintained in the FY 2016-17 18 Operating Budget of the Public Health Department; and 19 20 3) That the 5.76 FTEs authorized herein are contingent upon future funding 21 of this grant. 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 JAS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 11. Jo than Hobbs r:a -rm-y-r Bu get and Management Services City ttorney's Office CA14058 R-1 May 15, 2017 c . :, . _ t.<; ii' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Appropriations for Cost Increases Associated with Disabled Veteran and Elderly/Disabled Real Estate Tax Relief Programs MEETING DATE: June 6, 2017 • Background: The City of Virginia Beach currently provides Real Estate Tax Relief through two types of programs. The first is the Elderly and Disabled program which is an optional program that the City chooses to offer citizens. City Council has full control of this program and establishes the parameters, requirements and thresholds for the program. In order to be in the program, applicants must meet the age requirement, not exceed the maximum income threshold or exceed a maximum net worth (excluding value of home). The percentage of tax exemption received is contingent upon the amount of income an eligible participant receives. In FY 2014-15, a City-commissioned task force reviewed this program and proposed modifications for City Council's consideration. Since that time, growth in program participation has leveled off at less than 1% on average each year. This was the baseline growth assumed for FY 2016-17; however, several mid-year exemptions occurred outside of the normal process and as a result program costs are expected to exceed budget by $12,489. The second type is non-discretionary, and it includes Disabled Veterans and Surviving Spouses of Servicemembers Killed in Action. In 2011, this became a State-mandated program whereby qualifying individuals receive 100% exemption from local real estate taxes. Tax exemption begins at the point in time that an individual is deemed 100% disabled by the U.S. Department of Veteran Affairs. Upon application by eligible individuals, the City is obligated to exempt the current year tax bill and potentially refund up to three prior years of taxes if the applicant was entitled to the tax exemption. Since 2012, participation in this type of program has increased an average of 17% annually. This historical average was used to project the FY 2016-17 cost of the program; however, participation in this program has unexpectedly increased by 33%. This unexpected increase occurred as a result of mid-year enrollment by 187 new participants. This unexpected growth compounded with the requirement to refund prior years taxes paid by some applicants is resulting in this program's cost exceeding projections by $884,896. Of this amount, $395,678 is for prior-year reimbursement. • Considerations: These programs are supported through budgeted appropriations. Below is a FY 2016-17 Year End cost projection for these programs: FY 17 Budget FY 17 Projection Difference Elderly and Disabled $10,226,075 $ 10,238,564 $ (12,489) Dis.Vet and Surviving Spouse $ 3,599,695 $ 4,484,591 $ (884,896) Total $13,825,770 $ 14,723,155 $ (897,385) A budget transfer will be necessary to fully fund these programs. Due to unforeseen events throughout the year, such as Hurricane Matthew, the General Fund Reserve for contingencies does not have an adequate balance to cover the full cost of these increases. Of the balance available, a transfer from the General Fund Reserve for Contingencies is requested in the amount of $450,000 with the remaining $447,385 being transferred from Police Department salary accounts. Due to staffing turnover, the Police Department is projected to have a year-end unexpended balance in their FY 2016-17 Operating Budget salary accounts. During reconciliation of the FY 2017-18 Operating Budget, City Council added an additional $450,000 for the mandated Disabled Veterans program. The $450,000 is in addition to the $963,000 increase initially included in the FY 2017-18 City Manager's Proposed Budget for both Tax Relief programs. The total increase between FY 2016-17 and FY 2017-18 for both programs is $1,413,000. • Alternatives: If the Council declines to fund the increase, the City will be required to re-balance the non-departmental portion of its budget. The result is to fully- fund the Disabled Veteran and Surviving Spouses. The resulting underfunding of the Elderly and Disabled Program would trigger City Code § 35-67.2. That section provides: In any tax year in which the amount appropriated by the city council for the purpose of providing real estate tax exemption and/or freeze under this division is not sufficient to afford the entire exemption and/or freeze allowable under the provisions of this division, the amount of exemption and/or freeze shall be computed as a fraction of that allowable under the provisions of this division, the numerator of the fraction to be the amount of the appropriation for the tax year and the denominator of the fraction to be the total amount of all allowable exemptions and/or freezes qualified for under the provisions of this division. The triggering of City Code § 35-67.2 would require the City Treasurer to mail supplemental tax bills utilizing the calculation described in that section. The tax bills would be sent to all participants in the Elderly and Disabled Program. • Public Information: Public information will be coordinated through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Budget and Management Services c P\ City Manager: lit �—. 1 AN ORDINANCE TO TRANSFER APPROPRIATIONS FOR 2 COST INCREASES ASSOCIATED WITH DISABLED 3 VETERAN AND ELDERLY/DISABLED REAL ESTATE TAX 4 RELIEF PROGRAMS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $450,000 from the General Fund Reserve for Contingencies and $447,385 10 from the Police Department's FY 2016-17 Operating Budget are hereby transferred for 11 to the FY 2016-17 Non-Departmental Operating Budget for the purpose of funding cost 12 increases related to real estate tax relief programs. 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: Jon than Hobbs Dana R. H.rmeyer Budget and Management Services City Attorney's Office CA14064 R-1 May 22,2017 i[ 0 IS,- ti i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $600,000 within the FY 2016-17 Operating Budget to Reallocate Health Insurance Costs MEETING DATE: June 6, 2017 • Background: In order to most accurately budget the full cost of the services provided to the citizens of Virginia Beach, the City allocates an equal dollar amount for health insurance costs per benefits eligible position authorized in the City budget. The actual cost to the City is based on what tier of health insurance coverage an employee selects as outlined below: Annual Employer Contribution Employee Only $5,873.40 Employee & Child $8,875.44 Employee & Children $12,859.32 Employee & Spouse $10,709.88 Family $15,224.64 Budgeted per Position $6,750 As this table illustrates, depending on the type of coverage selected, there is a variance in the amount paid by the City and the amount actually charged to the budget. The City's contribution can be up to $8,475 over what is budgeted for a position. However, in most departments, the number of employees selecting coverage that exceeds the budget per position is more than offset by the number of employees that select "employee only" coverage and the savings from vacant positions. However, in the current 2017 health plan year, the Fire Department has a larger percentage of employees selecting coverage that exceeds the budgeted amount. This is impossible to project when the budget is prepared as open enrollment (the period during which employees select their health plan) begins three months into the fiscal year. For the most recent pay period available, the average cost for health insurance for Fire Department positions is $7,945, or $1,195 more than budgeted per position. If we assume this for the entire fiscal year, the Department would have a budgeted shortfall of approximately $600,000. While the Fire Department is exceeding the budget for health insurance, the actual cost of health insurance throughout the City will not exceed the total budget for health insurance. In order to remedy the cost allocation issue, a transfer of$600,000 is needed. • Considerations: Based on the most recent data available, the Fire Department and Finance Department project a departmental shortfall of approximately $578,000. Typically, this shortfall would be covered by vacancy savings; however, a number of events and circumstances (Winter Storm Helena and significantly longer recruit schools due to State-mandated certification changes) have caused the Fire Department to expend more than usual for overtime in FY 2016-17 and thus depleted any vacancy savings. The Police Department is currently projected to have a year-end remaining balance of over $1.0 million in fringe benefit appropriations for FY 2016-17. The attached ordinance transfers $600,000 in appropriations from the Police Department's Operating Budget to the Fire Department's Operating Budget. If this transfer is not approved, the final payroll of the fiscal year for the Fire Department is projected to cause the Department to exceed its appropriation authority. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendation: Approve the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Departme City Manager: '77T?' / 1 AN ORDINANCE TO TRANSFER $600,000 WITHIN 2 THE FY 2016-17 OPERATING BUDGET TO 3 REALLOCATE HEALTH INSURANCE COSTS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $600,000 is hereby transferred from the Police Department to the Fire 9 Department in the FY 2016-17 operating budget to cover cost overruns for Health 10 Insurance due to the methodology for allocating health insurance costs in the operating 11 budget. 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: K Jonathan Hobbs Dana armeyer Budget and Management Services City Attorney's Office CA14069 R-1 May 23, 2017 ,4 14. inti 4 5'+ ' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $300,000 from the Police Department's FY 2016-17 Operating Budget to the Juvenile Probation Office to Support Dispositional Services MEETING DATE: June 6, 2017 ■ Background: In February 2017 the Juvenile Probation Office informed Budget and Management Services that the expenditure rate of dispositional funds was trending higher than in previous years. At that time, it was not clear if the expenditure rate of dispositional services would continue. Typically, the expenditure rate for dispositional services is much higher in the first part of the fiscal year and then steadily decreases in the second half. The expenditure of dispositional services had also been steadily decreasing since FY 2012-13. Because of this, it was decided at that time that the Juvenile Probation Office would continue to monitor dispositional expenditures and would notify Budget and Management Services if the Office would require additional funding to address a budget shortfall. Unfortunately, the rate of dispositional services continued to be higher than in recent years. In May, the Juvenile Probation Office indicated that they would require an additional $300,000 in dispositional funds to maintain service delivery. Dispositional funds are used by Juvenile Probation to place at-risk youth into rehabilitation services. The use of these funds is at the discretion of the judges and services are typically provided through the Virginia Juvenile Crime Control Care Act (VJCCCA). The purpose of the VJCCCA is to deter crime by providing immediate, effective punishment that emphasizes accountability of the juvenile offender for his actions as well as reduces the pattern of repeat offending. While Virginia Beach has not experienced an overall increase in juvenile crime, the crimes being committed by juveniles have become more violent in nature. Some of these crimes include sexual assault and homicide. Due to the violent nature of these crimes, judges have been ordering more juveniles to use dispositional services, and many of these juveniles must stay for longer periods of time. One case in particular has required a juvenile to stay in dispositional services for almost a year. Another impact that has caused an increase in the use of dispositional funds is that in prior years the Juvenile Probation Office was not required to provide funding for families that had the means to pay for these services. This discretion was removed at the beginning of FY 2016-17, and now all families, regardless of financial need, will receive dispositional funds to pay for the needed treatment. Dispositional services are funded partially by the City with remainder funded by the Commonwealth. The City and the Commonwealth also have a Maintenance of Effort Agreement, and this agreement requires that City funding be spent until a dollar amount is met and then the State funding may be used. However, once the State funds are completely expended, the City is required to provide funding for the remainder of the fiscal year for dispositional services. The amount that the State allocates for dispositional services is dependent on the use of dispositional funds in prior years. Also, the State funding is not appropriated to the Juvenile Probation Office at the beginning of the fiscal year, or when the threshold is met, but is given directly to the VJCCCA. • Considerations: The City of Virginia Beach is required to provide funding for dispositional services for juvenile delinquents. Failure to provide this funding could negatively impact the service delivery for the Juvenile Probation Office. The Department of Budget and Management Services has identified the Police Department as having available funds that may be used for this transfer. • Public Information: Information will be disseminated through the regular Council agenda notification process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of Juvenile Probation p ) City Manager: 1 AN ORDINANCE TO TRANSFER $300,000 FROM THE 2 POLICE DEPARTMENTS FY 2016-17 OPERATING BUDGET 3 TO THE JUVENILE PROBATION OFFICE TO SUPPORT 4 DISPOSITIONAL SERVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $300,000 is hereby transferred from the Police Department's FY 2016-17 Operating 10 Budget to the Juvenile Probation Office to support dispositional services. 11 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: 1I ;7 ,0 Jon than Hobbs Dan. a eyer Bud et and Management Services City Attorney's Office CA14075 R-1 May 24, 2017 K. PLANNING 1. LARAE TUCKER and DOSWELL VENTURES, LLC re Auto Service Stations: a. Modification of Conditions at 2101 General Booth Boulevard (Approved June 11, 1996) DISTRICT—7 PRINCESS ANNE b. Conditional Use Permit at 3673 Virginia Beach Boulevard DISTRICT—5 LYNNHAVEN c. Conditional Use Permit at 1300 N Great Neck Road DISTRICT—5 LYNNHAVEN 2. CITY OF VIRGINIA BEACH Ordinances to ESTABLISH a Historic and Cultural District in accordance with Article 13 of the City Zoning Ordinance (CZO) and AMEND the Official Zoning Map: a. ADD the Seatack Life Saving Station b. ADD the Virginia Beach Coast Guard Station c. ADD the deWitt Cottage 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,June 6,2017 at 6:00 p.m., at which time the following applications will be heard DISTRICT-5 LYNNHAVEN Larae Tucker/ Doswell Ventures, LLC Conditional Use Permit (Automobile Service Station) 3673 Virginia Beach Blvd (GPIN 1487547128) DISTRICT-5 LYNNHAVEN Larae Tucker/Doswell Ventures, LLC Conditional Use Permit (Automobile Service Station) 1300 N Great Neck Road (GPIN 2408276277) DISTRICT-7 PRINCESS ANNE Late Tucker/Doswell Ventures, LLC Modification of Conditions (Automobile Seance Station) 2101 General Booth Blvd (GPIN 2414181717) CITY OF VIRGINIA BEACH- An Ordinance to Establish a Histonc and Cultural District in Accordance with Article 13 of the City Zoning Ordinance to Include the Seatack Lire Saving Station and Virginia Beach Coast Guard Station(GPINS 2427194622 and 2427193796) and to Revise the Official Zoning Map of the City of Virginia Beach. CITY OF VIRGINIA BEACH- An Ordinance to Establish a Historic and Cultural District in Accordance with Aditle 13 of the City Zoning Ordinate to include the deWitt Cottage (GPINS 2427255317 and 2427255322) and to Revise the Official Zoning Map of the City of Virginia Beach. All interested parties are invited to attend. Ruth Hodg r,MMC City Clerk Copies of the proposed ordinances. resolutions and amendments are on the and may be examined in the Department of Planning or online at hftpiiMww.vb,gov colpo For information call 385-4621. It you are physically disabled or visually Impaired and need assistance at this meeting.please call the CITY CLERKS OFFICE at 3215-033;Hearing impaired call 711 (Virginia Relay -Telephone Device for the Deaf). BEACON: MAY 21828,2017-1 TIME EACH. -51 - It V-M6 PUBLIC HEARING ITEM a 00908 PLANNING Upon motion by Councilman Dean, seconded by Vice Mayor Season's, City Council ADOPTED on Ordinance upon application of EXXON CORPORATION for a Conditional lire Peat ORDINANCE UPON APPLICATION OF EXXON CORPORATION FOR A CONDITIONAL USE PERMIT FOR A CAR WASH RO6962042 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance term application of&son Corporation for a Conditional Use Permit for a car wash ht conjunction with a convenience store and gas pumps at the southwest corner of London Bridge Road and General Booth Boulevard Said parcel is located at 2101 General Booth Boulevard and contains 39,988 square feet.PRINCES ANNE BOROUGH The following conditions shall be required: I. Site development shall be substantially in accordance with the site plan/landscape plan submitted to the Planning Department on April 1$ 1996 2. The car wash shall utilize water reclamation and recycling technology. 3. Architectural design and materials for the car wash shall be substantially consistent with those of the Strawbridge Shopping Center and the misting convenience store, including the use of matching brick and roof materials. 4. One large one medium, or two small tem be installed in the remaining open space area between the convenience store and the car wash drive aisle. The tree(a)shall be a native species selected from the recommended vee list contained in the User's Guide for the City of Virginia Beach Tree Planting. Preservation and Replacement Ordinance. 5. Final site plan approval shall provide for the replacement of existing landscape material along the General Booth Boulevard and London Bridge Road street frontages, where determined by the City Arborist to have been damaged by improper pruning. Replacement plantings shall comply with the specifications set forth on the onginally approved site plan for the service station and convenience store. This Ordinance shall be effective in accordance with Section 107((0 of the Zoning Ordinance. Adopted by Ado the Council f da City of Virginia Beach, Virginia,on the Ft-._a Ninny-VT eN a• June 11, 1996 -52 - PUBLIC HEARING ITEM g 40908 (Continued) PLANNING Voting: 10-0 Council Members Voting Aye: John A Baum, Linwood G. Branch, Ill, Robert IC Dean, Wiliam W Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R Jones, Mayor Meyera R Oberndorf, Nancy K Parker and Vice Mayor RTIlam D. Srrsoms,Jr. Council M hers Voting Nay: None Council Members Absent Louisa Al. Strayhorn June 11, 1996 r---, -..__ ,,_ ----, 1 ' , . Cy e - • , I, .1 1 k--' •'. 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A, 7 ..... 1 •.\\\ r- CD • r-- , _ I 1---, 1 ',K I liaL e? \ '' ----- • Ns: - Ate \ te :,‘,.•, , • L CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LARAE TUCKER [Applicant] DOSWELL VENTURES, LLC [Property Owner] Modification of Conditions (Automobile Service Station) 2101 General Booth Boulevard (GPIN 2414181717). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: June 6, 2017 • Background: A Conditional Use Permit for automobile service (fuel sales) was granted by the City Council in 1996. The applicant is requesting that the conditions of the approved Conditional Use Permit be modified in order to redevelop the site with a 3,000 square-foot, single-story convenience store in conjunction with a new fueling canopy with up to eight fuel pumps. • Considerations: The applicant's request to redevelop the site with a convenience store and fueling pumps is consistent with the existing use and will serve as an aesthetic improvement to the area. Vehicular ingress/egress safety improvements proposed by the applicant include the slight relocation of the existing ingress/egress points along General Booth Boulevard and London Bridge Road away from the intersection, and the installation of a right-turn lane along General Booth Boulevard. In accordance with the recommendation of the Comprehensive Plan, the applicant submitted a preliminary drainage study to the Development Services Center(DSC). The DSC has concluded that the submitted strategy indicated in the study has the potential to successfully comply with the stormwater requirements. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1. When the site is redeveloped, it shall be in substantial conformance with the submitted site layout exhibit entitled, "GENERAL BOOTH AND LONDON BRIDGE PRELIMINARY LAYOUT PLAN," prepared by Blakeway Surveying, Engineering and Environmental, dated February 27, 2017, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. Larae Tucker, 2101 General Booth Blvd Page 2 of 3 2. The exterior of the proposed building, fuel canopy, and dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations entitled, "REVIEW BOARD BUILDING, DUMPSTER ENCLOSURE, AND CANOPY ELEVATIONS," prepared by K2M Design, and dated February 8, 2017, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The freestanding sign shall be monument style with a brick base that matches the brick exterior of the new convenience store building and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit entitled, "7-Eleven #38162 2101 General Booth Boulevard," prepared by Harbinger, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 4. Signage for the site shall be limited to: a. Directional signs. b. One (1) monument-style freestanding sign, no more than eight (8) feet in height, set on a brick base to match the building brick and two (2) building and/or canopy signs. c. Striping on the canopy shall be limited to ten (10) feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. 5. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on the site layout exhibit referenced in Condition 1 above. Said plan shall adhere to all requirements of the Virginia Beach Landscaping Guide. 6. The dumpster shall be enclosed with a solid brick wall in a color to match the building and any required screening shall be installed in accordance with Section 245 (e) of the Zoning Ordinance. 7. No outdoor vending machines and/or display of merchandise shall be permitted. 8. No vacuum or air pumps shall be located in any area closer to General Booth Boulevard than the closest facade of the building on that side. All vacuums and air pumps shall be screened with evergreen plant material, of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the Landscape Plan. Larae Tucker, 2101 General Booth Blvd Page 3 of 3 9. Prior to the release of the site plan, the existing 10-foot landscape/scenic easement shall be relocated to accommodate the proposed improvements adjacent to the right-of-way along General Booth Boulevard. 10.Prior to the release of the site plan, the existing no ingress/egress easement shall be vacated and shall be reestablished along the London Bridge Road and General Booth Boulevard with the exception of the only access points being those depicted on the site layout exhibit referenced in Condition 1. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Departmentn,wr _ ri City Manager: / #!L 1J1��� Applicant Larae Tucker Agenda Item Property Owner Doswell Ventures, LLC Public Hearing May 10, 2017 3 ,:,,, City Council Election District Princess Anne Virginia Beach Request Modification of Conditions (Automobile Service Station) c4 4 Staff Recommendation Approval 70.75 dBDNL ; s 0 q,.e co Staff Planner - min t 1----71 e a—r Jimmy McNamara a, `°'" a o8 a �o,6 Mp Rem l 3 Location ' al` t ..,< $ bM 2101 General Booth Boulevard ----- �°xy,d GNP,ft.laM Lk 4 Ned n1 j a fell hOP ON...GPIN "^4,, 2414181717 65J0 dB DNI. d Site Size .„ V•\ i d'u •�'e , 39,639 square feet ���� 6 AICUZ 65-70 dB DNL;Sub-Area 2 Watershed Southern Rivers Existing Land Use and Zoning District ft Gas station/B-2 Community Business • % �. ., tat. r. Surrounding Land Uses and Zoning Districts F ,ax'_`x /'�7��, .rm.,...%' - - �' North4 • i , London Bridge Road `, e •f pr.` • f L P Fast food restaurant/ B-2 Community Business -.f• * 4 2,'..,711, • i' illt Office/ B-2 Community Business k, * , , esouth . ., r t''•. '�" �., cF� — . /f1.�_'tn . / .0 .fir East t -, 1 y ' General Booth Boulevards ~< Single-family dwellings/ R-10 Residential F '`,�.• V -Ai :-R ' West '��� •: ,V' ��,. Fuel sales,grocery store/B-2 Community 0.1r Business • • • ' Larae Tucker—General Booth Boulevard Agenda Item 3 Page 1 Background and Summary of Proposal • In 1986, a Conditional Use Permit was granted for an Automobile Service Station that allowed the site to be developed with a convenience store and a fuel canopy with eight fueling stations. • In 1996, a Conditional Use Permit was approved for a one-bay automatic car wash that was never built. • The applicant now requests a Modification of the 1986 Conditional Use Permits in order to redevelop the site with a new Automobile Service Station, as a 7-eleven that will include the redevelopment of the convenience store and the fuel canopy. • The new, approximately 3,000 square foot, one-story convenience store is proposed with an exterior of a mix of red and grey brick. The existing fuel canopy will also be replaced with a brick supports and eight fuel pumps. • The site is proposed to be accessed via two points of ingress/egress along the rights-of-way,which are designed to increase vehicular safety. The existing entrance on General Booth Boulevard will be relocated slightly to the south,farther from the nearest intersection and will include the addition of a right-turn lane. The existing access on London Bridge Road will be relocated slightly to the west and likewise will be farther away from the closest intersection. The applicant is aware that the existing no ingress/egress easement along the rights-of-way will need to be relocated to accommodate the relocated points of ingress/egress. There is an existing cross- access easement that provides access to the adjacent shopping center that will remain as it exists today. • A 10-foot wide scenic/landscape easement exists parallel to General Booth Boulevard. The applicant is cognizant that the proposed addition of a right-turn lane off of General Booth will necessitate the relocation and reestablishment of this easement. ---e" L.�,, 0-2',/!Y A- - 4 D' 7 f. / B-2 T. 1� Zoning History ArN 1, _ . A--vo # Request f ` ( c 1 CUP(Car Wash)Approved 06/11/1996 �{ CUP(Automobile Service Station)Approved 5/19/1986 h ',-'? • : 2 CUP(AutomobileStation)Approved / / oc V l 'fr... ,; Service 02 05 2005 �j _ 3 MOD Approved 08/28/2007 ++:J/, ��: CRZ(R-10&R-20 to Conditional 0-1)Approved ,,,T:21,0 �� 06/27/2006 .� ' I B-2 : R�1D ' 4 REZ(R-20 to R-7.5)Approved 06/27/1995 \s14 � w70dDDNL o �' 5 CUP(Religious Use)Approved 02/10/1998 ' ::\ 40 / Clit ip 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 Larae Tucker-General Booth Boulevard Agenda Item 3 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. (pp. 1-59 to 1-68) 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. There are no significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic General Booth Boulevard 34,950 ADT34,900 ADT'(LOS°"D") 37,100 ADT'(LOS°"E") Existing Land Use 2—1,302 ADT Proposed Land Use 3-1,953 ADT London Bridge Road 21,240 ADT' 30,600 ADT (LOS°"D") 'Average Daily Trips 2 as defined by eight fueling 3 as defined by eight fueling stations 4 LOS=Level of Service stations and a 1,248 square and a 3,000 square foot convenience foot convenience store store Master Transportation Plan (MTP) and Capital Improvement Program (CIP) General Booth Boulevard in the vicinity of this application is a four-lane access controlled major suburban arterial. London Bridge Road is a four-lane divided suburban minor arterial. There are currently no CIP projects scheduled for this portion of General Booth Boulevard or London Bridge Road. Public Utility Impacts Water The site currently connects to City water. There is an existing 20-inch City water transmission main along General Booth Boulevard and a 16-inch to 10-inch City water main along London Bridge Boulevard. The existing one-inch water meter (City ID#95112548) may be used or upgraded to accommodate the proposed use. Sewer The site currently connects to City sewer. There is an existing 30-inch HRSD sanitary sewer force main along General Booth Boulevard, an eight-inch City gravity sewer main located within a public utility easement on adjacent property to the west and an eight-inch City sanitary sewer force main located within a public utility easement on adjacent property to the west. Larae Tucker—General Booth Boulevard Agenda Item 3 Page 3 Evaluation and Recommendation The applicant's request to redevelop the site with a convenience store and fueling pumps is consistent with the existing use and will serve as an improvement to the area. The relocation of the entry points and the addition of a right-turn lane on this busy portion of General Booth Boulevard are welcomed safety improvements. The applicant has worked with Staff to ensure high quality design and building materials for the convenience store and the fueling canopy. As recommended by the Comprehensive Plan, the applicant has submitted a preliminary drainage study to the Development Services Center(DSC) outlining their proposed stormwater strategy for the subject site. As a result of their review,the DSC has agreed that the proposed conceptual stormwater strategy has the potential to successfully comply with the stormwater requirements of this site. However,this review is not a formal approval of the submitted stormwater plan. More details will be required and a formal review will take place during the site plan review process. Based on the considerations above, Staff recommends approval of the application subject to the conditions below. Recommended Conditions 1. When the site is redeveloped, it shall be in substantial conformance with the submitted site layout exhibit entitled, "GENERAL BOOTH AND LONDON BRIDGE PRELIMINARY LAYOUT PLAN," prepared by Blakeway Surveying, Engineering and Environmental, dated February 27, 2017,which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The exterior of the proposed building,fuel canopy, and dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations entitled, "REVIEW BOARD BUILDING, DUMPSTER ENCLOSURE, AND CANOPY ELEVATIONS," prepared by K2M Design,and dated February 8, 2017, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The freestanding sign shall be monument style with a brick base that matches the brick exterior of the new convenience store building and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit entitled, "7-Eleven #38162 2101 General Booth Boulevard," prepared by Harbinger, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 4. Signage for the site shall be limited to: a. Directional signs. b. One (1) monument-style freestanding sign, no more than eight (8)feet in height,set on a brick base to match the building brick and two (2) building and/or canopy signs. c. Striping on the canopy shall be limited to ten (10)feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors,canopy, light poles or any other portion of the site. 5. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on the site layout exhibit referenced in Condition 1 above. Said plan shall adhere to all requirements of the Virginia Beach Landscaping Guide. 6. The dumpster shall be enclosed with a solid brick wall in a color to match the building and any required screening shall be installed in accordance with Section 245 (e) of the Zoning Ordinance. 7. No outdoor vending machines and/or display of merchandise shall be permitted. Larae Tucker—General Booth Boulevard Agenda Item 3 Page 4 8. No vacuum or air pumps shall be located in any area closer to General Booth Boulevard than the closest facade of the building on that side. All vacuums and air pumps shall be screened with evergreen plant material, of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the Landscape Plan. 9. Prior to the release of the site plan,the existing 10-foot landscape/scenic easement shall be relocated to accommodate the proposed improvements adjacent to the right-of-way along General Booth Boulevard. 10. Prior to the release of the site plan,the existing no ingress/egress easement shall be vacated and shall be reestablished along the London Bridge Road and General Booth Boulevard with the exception of the only access points being those depicted on the site layout exhibit referenced in Condition 1. 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. Larae Tucker—General Booth Boulevard Agenda Item 3 Page 5 Proposed Site Layout —444 1.0A1 DON B :� RIair , cRD . yillir le "e`` - R}O C3 990604AD JWSIFR - .91 000" 11) '1[90.05696 , qCO' fS : 4 A, V ;RI _ . : ligt `; s ..„4/5„/,l N. . ..R,5.ar - , 5567 .\ '4. �64,J.\ .R jn 600 C a .�Cr j �,, Std iI 9 CO' ;<�y91 ® 10 � I� /• / , e oAl.g6---7- 3300t. f i 45 Ar 'Q )6.00' /� ^4► 16 4� A 4 • S .• 4 6300' •,0�• Ai 0 ` $ig• / PRO'OSEO RGxf-6-WAY / J / ��, I• / y ; 50�' OEOGT7: 9}010'„>...... 05 CO' / / 'y , •/O/• / R1500b�• ` ! / ,L CCC ' 4.,..-,= -------0,....4,,:„. _ 1)L'• "'.... / / 1500 �.1 T --",... I ''' _ LZ- / � /' -R7Cw Q 1 I Larae Tucker—General Booth Boulevard Agenda Item 3 Page 6 Proposed Elevations 4.1. % 1 r %% I % i il 1 i I ! flp I g t til 1 • / if;11 1 4 4 iih t 1 i t 111P111 Ei ,11111 ' ilTI'l 111,1„ ii ,- MI INEMa 3 V ' II ill M f• ''.. - ••::,,,, z Lul LO ' im aim f- ij * 1 •- - 4. , 9 z 0 , P < I g > w MINIi-- ,,, • N,-- g i I • 0 ,r> iiii ll I ili ;• = iii 4 ', 11? i ii ir IP li ; 1III II I -I!I_ • =NUE it I • I-1111 f I N immi ! li h i -- al lig a. 0 I" • it,4 4 '1 d s 1111:1' jilt .1. - • • 4 A 1 z. s . I- ii ifi I ::.:4 _ gli 11 ,,lil z ! a al a th a _ xii• 0 I :, I 1 ] a a ] ( i w ....= re a D I-- 0 X • " Si 0 0 Fc z w , , rx ( ih 1 ihqli .1ii1ill I qI if Larae Tucker—General Booth Boulevard Agenda Item 3 Page 7 Proposed Monument Sign za PI ipt r Ip y AR 1111 141 e $SWI ,, , Y L Will 1 Fi: 48k, d S L g:2°3 °I E ; it 2 I g49 ?i ! ogz igm. f 'A.,,, s E =oto- 1 Wl _ ,1E €-i, p of i lig x +? � � a ^+ " 80c1ia! 05' i : as lPil = 4u1 ^It <iiAhaw i 1 /1 gYqinea 1 11a $p 1 ifogt- 2 5e t Ski 8 v 8 Sc �st_aaa xi t 1 I t 111111 1111 i 1111 I ;'{ ,sc.a:a 1 &a1 1 i $ § 1 6 1 11 I 11 8 g 111 111 ;a 11 I1 � �< 111111 Illi ; ..,,` ;1;1;1 1111 a _1 111 11 t 1 jj i W cK a b1 '. 1I1I ; A ;'v 5 n14,-- 1 . . 111 _ 1111111 1111 1 �i' k ! et i 6 4, 1111111 1111 P I �1111111111 . - 1 mu y1111i1i lit' r 4) 111 ,, , 1 di eIYq..V1 �_ +F ?S 0 6 S i 4 ■ iye i f a h. i . Larae Tucker—General Booth Boulevard Agenda Item 3 Page 8 Site Photos • ais ' •••• • •••.• '' : Nr. _ (.-Ath.f,''..,',„'',1! ;Oil ild,F, '' L 14- ''''' . - 1o, ' -- Iiior,......-- ..,... , w 1e Larae Tucker—General Booth Boulevard Agenda Item 3 Page 9 Disclosure Statement .113 Virginia Beach APPLICANT'S NAME Larae Tucker 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. a e SECTION 1 / APPLICANT DISCLOSURE Iro crvUSE ONLr; - - —' Page I of7 ❑ APPLICANT NOTIFIED OF HEARING . .-. , NO CHANGES As or -- 2.57 J; AHAy IQBI REVISIONS SUBMITTED Larae Tucker—General Booth Boulevard Agenda Item 3 Page 10 Disclosure Statement � Virginia Beach XI Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. 0 Check here If the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Larae Tucker If an LLC,list all member's names: N/A If a CORPORATION, list the the names of all officers,directors, members, trustees, etc. below: (Attach list if necessary) N/A (B) List the businesses that have a parent-subsidiary r or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) N/A See next page for information pertaining to footnotes' and 2 • a SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if prover&owner is different from Annllcant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ❑X Check here if the PROPERTY OWNFR/S a corporation, partnership,firm, business,or other unincorporated organization,ANOTNEN complete the following. (A) List the Property Owner's name:Doswell Ventures,LLC If an LIC, list the member's names:John H. Woodfin,Jr.,Suzanne Villani,A. Penn Staples Page 2 of Larae Tucker—General Booth Boulevard Agenda Item 3 Page 11 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) Woodfn Hooting. Inc affiliated through shared management and control I 'Parenesubsidiary relationship" means relationship that exists when one corporation directly or indirectly owns shares possessing morethan 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§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 Mil there Is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there Is otherwise a close working relationship between the entitles.'See Stateand 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 SEPERATE LV Page 3 of Larae Tucker—General Booth Boulevard Agenda Item 3 Page 12 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) ZAccounting and/or preparer of Jacobson eretamen,P.0 your tax return ❑ Architect/Landscape Architect/ K2M/Joe Vaughn Land Planner Contract Purchaser(if other than 7-Eleven,Inc. rithe Aoollcan()-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and l� purchasers service providers) I Construction Contractors TBD nEngineers/Surveyors/Agents Blakeway Corporation Financing(include current I H ❑ mortgage holders and lenders E selected or being considered to provide financing for acquisition or construction of the property) Legal Services LeCleire Ryan l--1 Real Estate Brokers/ HRC,Wanda Garrett I Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YESNO Does an official or employee of the City of Virginia Beach have I ® 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 Larae Tucker—General Booth Boulevard Agenda Item 3 Page 13 Disclosure Statement 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. / Znrate 7-424- 11" z 1 CANT'S SI T:t PRIM NAME ATE Page 5 of 7 Larae Tucker—General Booth Boulevard Agenda Item 3 Page 14 Disclosure Statement �- OWNER Virginia NO SERVICE 7 PROVIDER arse ammomishe.uv Z ❑ Accounting and/or preparer of Wells Coleman.PC your tax return • LX Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than 7-Eleven,Inc. She Aoolicant)-identify purchaser and purchaser's service providers Any other pending or proposed • Z purchaser of the subject property (identify purchaser(s)and purchasers service providers) ® Construction Contractors • EEngineers/Surveyors/Agents Financing(Include current M T Sank current Modgege Holder Ivln mortgage holders and lenders /V LJ selected or being considered to provide financing for acquisition • or construction of the property) zLegal Services Cllrislian 8 Barton Real Estate Brokers/ HRC.Wanda Garrett Imo/ I Agents/Realtors for current and Lam. anticipated future sales Of the sub'ect •ro•ert a a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or arty 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 Larae Tucker—General Booth Boulevard Agenda Item 3 Page 15 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. 3, Joadeb, .311.01/q PROPERTY ER'S SIGNATURE PRINT NAME TE Page 7 of 7 Larae Tucker—General Booth Boulevard Agenda Item 3 Page 16 Item#3 Larae Tucker Modification of Conditions 2101 General Booth Boulevard District 6 Princess Anne May 10,2017 CONSENT An application of Larae Tucker for a Modification of Conditions(Automobile Service Station)on property located at 2101 General Booth Boulevard, District 7, Princess Anne. GPIN: 2414-18-1717-0000. CONDITIONS 1. When the site is redeveloped, it shall be in substantial conformance with the submitted site layout exhibit entitled,"GENERAL BOOTH AND LONDON BRIDGE PRELIMINARY LAYOUT PLAN," prepared by Blakeway Surveying, Engineering and Environmental, dated February 27, 2017, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The exterior of the proposed building,fuel canopy, and dumpster enclosure shall substantially adhere in appearance,size and materials to the elevations entitled, "REVIEW BOARD BUILDING, DUMPSTER ENCLOSURE,AND CANOPY ELEVATIONS," prepared by K2M Design, and dated February 8, 2017, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The freestanding sign shall be monument style with a brick base that matches the brick exterior of the new convenience store building and substantially adhere in appearance,size and materials to the submitted freestanding sign exhibit entitled, "7-Eleven#38162 2101 General Booth Boulevard," prepared by Harbinger,which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 4. Signage for the site shall be limited to: a. Directional signs. b. One (1) monument-style freestanding sign, no more than eight (8)feet in height, set on a brick base to match the building brick and two(2) building and/or canopy signs. c. Striping on the canopy shall be limited to ten (10)feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. 5. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on the site layout exhibit referenced in Condition 1 above. Said plan shall adhere to all requirements of the Virginia Beach Landscaping Guide. Item#3 Larae Tucker Page 2 6. The dumpster shall be enclosed with a solid brick wall in a color to match the building and any required screening shall be installed in accordance with Section 245 (e)of the Zoning Ordinance. 7. No outdoor vending machines and/or display of merchandise shall be permitted. S. No vacuum or air pumps shall be located in any area closer to General Booth Boulevard than the closest facade of the building on that side. All vacuums and air pumps shall be screened with evergreen plant material,of a size and species acceptable to the Development Service Center's Landscape Architect,all of which shall be depicted on the Landscape Plan. 9. Prior to the release of the site plan,the existing 10-foot landscape/scenic easement shall be relocated to accommodate the proposed improvements adjacent to the right-of-way along General Booth Boulevard. 10. Prior to the release of the site plan,the existing no ingress/egress easement shall be vacated and shall be reestablished along the London Bridge Road and General Booth Boulevard with the exception of the only access points being those depicted on the site layout exhibit referenced in Condition 1. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item 3. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY ABSENT INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 3 for consent. Steven Romine appeared before the Commission on behalf of the applicant. . U `-' ' , ''.\ \ # ,.. H \___. -11.7-, 61 -------- 4, 4 • C\_,-- \10•• ....„,„/ 1 `f .,„„„,----------ccNil :i- loll, • d r ti.---, 404, ose . .. ,--- N I N CV ' • 1 1P4.0 \ CO� , m i II t-•:-------- 1 CR do .1 1111 111 \ _ VIII 1 1 oviti • r-, 1 1/ • Fu IS-I-1 N .,_, III m 10 in i 6 v.i. ii,„„,01 IP , as 1 .. wit 1' . It _ I ° ( in .0 \______' - :111 to• , N C- 1 0 ' 1.1 114 i 4, r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LARAE TUCKER [Applicant] DOSWELL VENTURES, LLC [Property Owner] Conditional Use Permit (Automobile Service Station) 3673 Virginia Beach Boulevard (GPIN 1487547128). COUNCIL DISTRICT— LYNNHAVEN MEETING DATE: June 6, 2017 ■ Background: In 1998, a Conditional Use Permit for a Gasoline Station with Convenience Store was granted by City Council. As the site was never redeveloped in accordance with that, it was determined that a new Conditional Use Permit is required. The applicant proposes to redevelop the site with a 3,000 square-foot, single-story convenience store in conjunction with a new 79-foot long fuel canopy with up to six fuel pumps. A Conditional Use Permit is requested for an Automobile Service Station, due to the sale of fuel. • Considerations: The proposed new structures will provide significant aesthetic upgrades to the site. Vehicular ingress/egress safety improvements proposed by the applicant at this busy intersection include the relocation of the ingress/egress point along Rosemont Road to the south, away from the intersection; the installation of a right- turn lane along Rosemont Road; and the elimination of the eastemmost ingress/egress point along Virginia Beach Boulevard. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1. When the site is redeveloped, it shall be in substantial conformance with the submitted site layout exhibit entitled, "VB BLVD & ROSEMONT 7-ELEVEN PRELIMINARY LAYOUT PLAN," prepared by Blakeway Surveying, Engineering and Environmental, dated February 27, 2017, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The exterior of the proposed building, fuel canopy, and dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations entitled, Larae Tucker, 3673 Virginia Beach Boulevard Page 2 of 3 "REVIEW BOARD BUILDING, DUMPSTER ENCLOSURE, AND CANOPY ELEVATIONS,"prepared by K2M Design, and dated February 8, 2017, which have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 3. The freestanding sign shall be monument style with a brick base that matches the building and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit entitled, '7-Eleven#38165 3673 Virginia Beach Boulevard," prepared by Harbinger, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 4. Signage for the site shall be limited to: a. Directional signs b. One (1) monument-style freestanding sign, no more than eight (8) feet in height, set on a brick base to match the building brick and two (2) building and/or canopy signs c. Striping on the canopy shall be limited to ten (10) feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be intemally or externally illuminated d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site 5. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on the site layout exhibit referenced in Condition 1 above. Said Plan shall adhere to all requirements of the Virginia Beach Landscaping Guide. 6. The dumpster shall be enclosed with a solid brick wall in a color to match the building and any required screening shall be installed in accordance with Section 245 (e) of the Zoning Ordinance. 7. No outdoor vending machines and/or display of merchandise shall be permitted. 8. No vacuum or air pumps shall be located closer than 20 feet to either Virginia Beach Boulevard or North Rosemont Road. All vacuums and air pumps shall be screened with evergreen plant material, of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the Landscape Plan. Larae Tucker, 3673 Virginia Beach Boulevard Page 3 of 3 • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Departmen "I City Manager: / ? /__,. 1 %��4 Applicant Larae Tucker Agenda Item 49\ Property Owner Doswell Ventures, LLC r Public Hearing May 10, 2017 City Council Election District Lynnhaven Virginia Beach Request Ann• �L ‘4,,,,,,,04. B Conditional Use Permit (Automobile Service o f i a e 11 i- 1 i_�._ t Station) a �+ e F r "t '6 'ieis eoeM. oR Staff Recommendation = g i K r ' .."0,dM to Approval t x E o 0 f, 3 3 lem►IArenue : WOOra InfD _ 6+s .„aA Staff Planner " „,�,4.6e�je°' Jonathan Sanders II r I nnry Nose e E c 6670 OB DHL % Location 5 : : + i �i a\I:17dN..e s3673 Virginia Beach Boulevard ` ' . ai ,d ' GPIN < ly. Q Z eagle Strew'4 1487547128ci / Peru Pu,e s.....wr�cf. G i,e..YPls<e Site Size 36,100 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District _ Gas station/ B-2 Community Business . .:': , yi -`" 3 • Surrounding Land Uses and Zoning Districts t~`. - ; ..• - 11°4i, ,j ^, amigo North 1 n + ,' "� it ®. ' - - Virginia Beach Boulevard t, t. t ` ', +►�"" . .F; Car rental business/B-2 Community Business 1.� " . rl Novo �- South ,� Bonney Road ,1 'z N. Restaurant/B-2 Community Business •b i 1 ' East — _ --RunHrycRo.,d ' Rosemont Road _ es• zq,,i - Pharmacy/ B-2 Community Business .fn - West . - .- Utility facility/B-2 Community Business '- I r '1"). .'' s - .rai Larae Tucker—Virginia Beach Blvd Agenda Item 1 Page 1 Background and Summary of Proposal • In 1979,a Conditional Use Permit for a Car Wash was approved for the site. In 1998, a Conditional Use Permit for a Gasoline Station with Convenience Store was granted by City Council. • As the site was never redeveloped according to the 1998 Conditional Use Permit approval, and the site will be completely redeveloped, it has been determined that a new Conditional Use Permit is required in order to construct a new Automobile Service Station that will include a convenience store and fuel canopy. • The new convenience store is proposed as a nearly 3,000 square-foot, single-story structure with a mix of red and grey brick as exterior building materials. The existing fuel canopy will also be replaced with 79-foot long structure with brick supports and six fueling pumps. • The site is proposed to be accessed via two points of ingress/egress. The existing entrance on North Rosemont Road will be relocated slightly to the south,farther away from the nearest intersection, and will include the addition of a right-turn lane. The easternmost existing access on Virginia Beach Boulevard will be eliminated. Zoning History # Request 2 - 1 CUP(Gasoline Station with Convenience Store) 5 Approved 10/13/1998 B-2 CUP(Car Wash)Approved 11/19/1979 B-2 A-24 - 7 2 CUP(Fuel Sales)Approved 06/26/2001 so, - CUP(Automobile Service)Approved 02/27/1996 - cl _ 3 MOD Approved 02/11/2014 `_ _ wvasd / ( CUP(Communications Tower)Approved 09/13/2005 V B-8 CUP,CRZ(I-1 to B-2, Motor Vehicle Sales)Approved B-2 jAVI A 09/09/2003 7"7—.' :=. - 2_ 4 CUP(Motor Vehicle Rentals)Approved 11/27/2001 1a �! 5 CUP(Indoor Recreation Facility)Approved 06/09/2009 H1 lip :-2; ,..,_- , CUP(Indoor Recreation Facility)Approved 08/05/2003 6 CUP(Automobile Service Station)Approved 04/08/1997 .411011148 CUP(Automobile Service Station &Car Wash)Approved 01/11/1994 7 CUP(Communications Facility)Approved 09/10/1996 8 CUP(Tattoo Parlor)Approved 07/08/2003 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan designates this site as located in the Rosemont Strategic Growth Area (SGA). The long-term vision for the Rosemont SGA calls for the transition from strip commercial uses to mixed-use, mixed-income development that emphasizes townhouses and multi-family residential; creation of a new neighborhood center; improvement in pedestrian and trail facilities;and integration of well-designed and high quality workforce housing into mixed-use development. Larae Tucker—Virginia Beach Blvd Agenda Item 1 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 this predominately impervious site, as it is developed with a convenience store and fuel pumps. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 53,500 ADT' 56,240 ADT i(LOS 4'D") 2 64,260 ADT (LOS "E") Existing Land Use -1,953 ADT Rosemont Road 33,400 ADT' 22,800 ADT'(LOS°"D") Proposed Land Use 3—2,930 ADT 27,400 ADT 1(LOS' "E") 1 Average Daily Trips 2 as defined by an existing 3 as defined by a 2,940 square-foot 4 LOS=Level of Service gas station with convenience store with 12 vehicle convenience store. fueling positions. Public Utility Impacts Water The site currently connects to City water. There are 16-inch, 20-inch, and 42-inch City water transmission mains along Virginia Beach Boulevard. There is a 16-inch City water transmission main along Rosemont Road.The existing one-inch water meter(City ID#95067340) may be used or upgraded to accommodate the proposed development. Sewer The site currently connects to City sewer. There is a 24-inch HRSD force main along Virginia Beach Boulevard. There is an 18-inch City sanitary sewer force main along Rosemont Road. There is an eight-inch City sanitary sewer gravity main along the southern adjacent property. There is a 16-inch City sanitary sewer force main along the southern adjacent property.There is a 16-inch City sanitary sewer force main and booster pump station along the western adjacent property. Evaluation and Recommendation The applicant's request to redevelop the site with a convenience store and fueling station is consistent with the existing use and will serve as an upgrade to the area. The relocation of the ingress/egress along Virginia Beach Boulevard and the addition of a right-turn lane on a busy portion of Rosemont Road are significant safety improvements. The applicant has worked with Staff to ensure a building and fueling canopy designs that are constructed with high quality building materials. 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. As the site is already developed as an automobile service station, Staff does not anticipate any negative impacts to adjacent property owners with the redevelopment of the site. Rather,the safety improvements to the roadway and to the ingress/egress will be significant modifications for vehicular movements at this busy intersection. Based on the considerations above, Staff recommends approval of the application subject to the conditions below. Larae Tucker—Virginia Beach Blvd Agenda Item 1 Page 3 Recommended Conditions 1. When the site is redeveloped, it shall be in substantial conformance with the submitted site layout exhibit entitled, "VB BLVD & ROSEMONT 7-ELEVEN PRELIMINARY LAYOUT PLAN," prepared by Blakeway Surveying, Engineering and Environmental, dated February 27, 2017, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The exterior of the proposed building, fuel canopy, and dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations entitled, "REVIEW BOARD BUILDING, DUMPSTER ENCLOSURE, AND CANOPY ELEVATIONS," prepared by K2M Design, and dated February 8, 2017,which have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 3. The freestanding sign shall be monument style with a brick base that matches the building and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit entitled, "7-Eleven #38165 3673 Virginia Beach Boulevard," prepared by Harbinger, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 4. Signage for the site shall be limited to: a. Directional signs b. One (1) monument-style freestanding sign, no more than eight (8)feet in height, set on a brick base to match the building brick and two (2) building and/or canopy signs c. Striping on the canopy shall be limited to ten (10)feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site 5. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on the site layout exhibit referenced in Condition 1 above. Said Plan shall adhere to all requirements of the Virginia Beach Landscaping Guide. 6. The dumpster shall be enclosed with a solid brick wall in a color to match the building and any required screening shall be installed in accordance with Section 245 (e) of the Zoning Ordinance. 7. No outdoor vending machines and/or display of merchandise shall be permitted. 8. No vacuum or air pumps shall be located closer than 20 feet to either Virginia Beach Boulevard or North Rosemont Road. All vacuums and air pumps shall be screened with evergreen plant material, of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the Landscape Plan. 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. Larae Tucker—Virginia Beach Blvd Agenda Item 1 Page 4 Proposed Site Layout Proposed Proposed Monument Right-Turn Existing aim BEACH �lVI). Ivo— Sign Lane Entrance oARot£ 3►�m RAY) g a..,. ill!Cr 1 lilt _ - -- t?0 01 414 4 Y � I 'W�'� t({(� 0404000 0.014 4 44E 410•• .. "A"-1;2.---1 tl A _,.5_,..e•-� c, - � __410 CO \ • i. �� 7004 ----r-------Lf- Ii u--- ti ! .y ie., p 4.1 CC: \ .:\ 38 Sr 4111°1 S. lk © O \ \ .rrooa.c s ra+-or-o. p I y,' ax 1 SO 4101 � ``\\ 4,y�', Ili% 120 CO :ui \ 12.01. \ Af leant Nat 10 0100S11.E U40514C Proposed Relocated Fuel Entrance Canopy Larae Tucker—Virginia Beach Blvd Agenda Item 1 Page 5 Proposed Elevations exaa.a'a.rwra8ii B hpIElelt i li T NOLLOfN.SNO31Y3a3AiziNi t-j ;t w ra ''111111 ' «�.s«. cVIlid 1j I � 1 iII urwwvwornux 1 + $ g6 la; ;I Y 1< 1 lI 1 I ' ,,o5 Il 3801$N3A313-1WU. 1( i r i"5 1 1 i __I �� II- i I Ili `11 + e T t ! {if i lI 1 Ili iii i; 9 i9f+i til ' i'3iiii I I l) 1 Ili 1it I a 1111110111 III F ___ : _� i .1 - a e a 01 Z O II N J ii _._ _ 0 H w . _ ill w I a a a a ?� a o z� � I 6. n I. • ■•■ I I 3■ ■■ 1.1 .. 1.,1 1 Cif l 4 it 1 1 • -- 'Hi 'I il'- 11� 1 1• ii ft in iil;i h I O 7III 1p , . ,w1 . , . 1 , w 1 a e a o a a B c z' Z O , \ M l., « w i w w w MI i Pii o 4 z(72, w ma •••r■ i, lil 1! 11 ! I / ,. ilii 1 W IIIA. III III *II > +jl f W I I➢ �II; w Larae Tucker—Virginia Beach Blvd Agenda Item 1 Page 6 • • • • • Proposed Signage • • Eamon O man mpg ELEVEIl Regular ,....„41y— ••• — o b.. ..ro 1.:.;..............:.1.P • ---------mmmm-- - •=111111•111,..,:„--S` ———------—-----—— I- wear,op •—amen-----mom------ '• N"`NL'Ad'a ---- -----------------: I • - • •m--------------- ;• -- ---- ---t MN •— ;•` MI— ' --m)`�I'I I --- --- ---- I 1 1 --- mammon --- 1 I I I • . ---- MEM 11111 MINIM= ( I I _ - r.. 111111. • r-- • a a I Baa _- PRLINtl.CD ILIAL PARAPET CAP(BRONZE MIWJ MAMELI • _ WALL PACK•OKI IODIRE ROOF ACQBE ... ILIA . MIX WOO ICIP __A_,. • • _ 111 o I ♦�_ •• ------ P�i.l®IiTAL �Sa PAEFIVIENED LETA. CANOPY BROWS EvaD DONTR POUT(BRONZE [UMW BAKED ENAMEL I 4. f K , . I Eon II . „.: ii —. -_ OMER i I! 1 I iiiI A NORM ELEVATION EAS,FI E VATV,4 SOUTH ELEVATION. WEST ELEVATION. Pori and Sid*ONION+(Campy Ca4p.ENoA) NTS Larae Tucker—Virginia Beach Blvd Agenda Item 1 Page 7 Site Photos 1 1 , . '4041•', •'. ,If L • • • ..........-- - - • • ,.. .. , , TivijirP II •7 CZ: 10 ., ' 1 4 '. Ira 1:14 ..:, lir '1-•- ,1 r.:-- ._ --ZAN ii, , _ It sr •.,'' iii., '' - - ,...... • ._ . 4.' -- , '-- - 7-- ---,,--, .4 .„„. z. .. ... ' ,';‘" • ' • ' "• 114,11,4 1. IL i .- , , tt-"" ,• II! St; . .,. .. ' ' 'TIPP Illeffinir Irr -.;•Pith .• ,• Q I.; ." " n _,_ J .''r I Wira.IN MEM, • I . - - • . . - •- • - - -.AIIIIr ._ .' filitit",*-Fit - , Larae Tucker—Virginia Beach Blvd Agenda Item 1 Page 8 Disclosure Statement Virginia Beach APPLICANT'S NAME Larae Tucker 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 a The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • a SECTION 1 / APPLICANT DISCLOSURE FDR OTv us oNV T-I - Pagelof7 APPLICAAT NOTIFIED OF HEARING •r V1 / NO CHANGES AS OF c' i r/27!1 / is Jonathan Sanders REVISIo.BS SUBMITTED Larae Tucker—Virginia Beach Blvd Agenda Item 1 Page 9 Disclosure Statement Virginia Beach ® Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ❑ Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicants name:Larae Tucker If an LLC,list all member's names: N/A If a CORPORATION, list the the names of all officers,directors, members, trustees, etc. below: (Attach list If necessary) NIA (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) N/A See next page for information pertaining to footnotes) and 2 • a SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the?ROPFRTY 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:Doswell Ventures, LLC If an LLC, list the member's names:John H.Woodfin,Jr.,Suzanne Villani,A. Penn Staples Page 2 of 7 Larae Tucker—Virginia Beach Blvd Agenda Item 1 Page 10 Disclosure Statement • ,.. , aLv 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-subsidlary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) Woodfin Heating, Inc affiliated through shared management and control 'Parent-subsidiary relationship means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than so percent of the voting power of another corporation' See State and Local Government Conflict of Interests Act.Va. Code§2.2.3101. 2 'Affiliated business entity relationship' a relationship. other than parent-subsidiary relationship.that exists when(I)one business entity has a controlling ownership interest in the other business entity.(ill a controlling owner in one entity is also a controlling owner in the other entity.or (iiil there is shared management or ontrol 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. a a SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or may business operating or to be operated on the PrOoertv. If the answer to any item is YES, please Identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of Larae Tucker—Virginia Beach Blvd Agenda Item 1 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) nAccounting and/or preparer of Jocobson Brotsman.P.0 your tax return I n Architect/Landscape Architect/ K2M/Joe Vaughn Land Planner Contract Purchaser(if other than 7-Eleven.Inc. the Aoolicant)-identify purchaser and purchasers service providers Any other pending or proposed V purchaser of the subject property L� (identify purchaser(s)and purchasers service providers) • nC- onstruction Contractors TBD • nE- ngineers/Surveyors/Agents Blakeway Corporation Financing(include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services LeClaire Ryan Real Estate Brokers/ HRC,Wanda Garrett Zi i 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 • man interest in the subject land or any proposed development W 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 Larae Tucker—Virginia Beach Blvd Agenda Item 1 Page 12 Disclosure Statement $iii M a - '^ v. • 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 Appll don. y„ // Larae Tucker 2/28/17 '5moo*Paf PRINT NAME DATE Page 5 of 7 Larae Tucker—Virginia Beach Blvd Agenda Item 1 Page 13 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER Wee additional meets if needed) ® ❑ Accounting and/or preparer of Wells Coleman.PC your tax return n ® Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(If other than ?-Eleven,Inc. the Applicant)-identify purchaser and purchasers service providers Any other pending or proposed ❑ I01 purchaser of the subject property I/�� (identify purchasers)and purchaser's service providers) • 11 Construction Contractors ❑ ® Engineers/Surveyors/Agents Financing(include current M T Bank-Current Mortgage Molder ❑ mortgage holders and lenders Z selected or being considered to provide financing for acquisition or construction of the property) ❑ ❑ Legal Services Christian&Barton Real Estate Brokers/ MRC.Wanda Garters ® ❑ 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 La rae Tucker—Virginia Beach Blvd Agenda Item 1 Page 14 Disclosure Statement • 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. 3. wpncp r PROPERTY ER fPRIM NAME TE Page 7 of] Larae Tucker—Virginia Beach Blvd Agenda Item 1 Page 15 Item #1 Larae Tucker Conditional Use Permit 3673 Virginia Beach Boulevard District 5 Lynnhaven May 10, 2017 CONSENT An application of Larae Tucker for a Conditional Use Permit (Automobile Service Station) on property located at 3673 Virginia Beach Boulevard, District S, Lynnhaven. GPIN: 1487-54-7128-0000. CONDITIONS 1. When the site is redeveloped, it shall be in substantial conformance with the submitted site layout exhibit entitled, "VB BLVD& ROSEMONT 7-ELEVEN PRELIMINARY LAYOUT PLAN," prepared by Blakeway Surveying, Engineering and Environmental, dated February 27, 2017, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The exterior of the proposed building,fuel canopy,and dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations entitled, "REVIEW BOARD BUILDING, DUMPSTER ENCLOSURE,AND CANOPY ELEVATIONS," prepared by K2M Design,and dated February 8, 2017,which have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 3. The freestanding sign shall be monument style with a brick base that matches the building and substantially adhere in appearance,size and materials to the submitted freestanding sign exhibit entitled, "7-Eleven#38165 3673 Virginia Beach Boulevard," prepared by Harbinger, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 4. Signage for the site shall be limited to: a. Directional signs b. One (1) monument-style freestanding sign, no more than eight(8)feet in height,set on a brick base to match the building brick and two(2) building and/or canopy signs c. Striping on the canopy shall be limited to ten(10)feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site 5. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on the site layout exhibit referenced in Condition 1 above. Said Plan shall adhere to all requirements of the Virginia Beach Landscaping Guide. 6. The dumpster shall be enclosed with a solid brick wall in a color to match the building and any required screening shall be installed in accordance with Section 245 (e)of the Zoning Ordinance. Item#1 Larae Tucker Page 2 7. No outdoor vending machines and/or display of merchandise shall be permitted. 8. No vacuum or air pumps shall be located closer than 20 feet to either Virginia Beach Boulevard or North Rosemont Road. All vacuums and air pumps shall be screened with evergreen plant material, of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the Landscape Plan. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item 1. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY ABSENT INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 1 for consent. Steven Romine appeared before the Commission on behalf of the applicant. \. . „.s. . . .. .\\. . _-, .L,• . :•:••„...- , b., iiii: 1 / , „- . 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''---"Y ..- .., 1 II - f ... - . - .. . re .4b--, .'-•\ -.N...•.- \-- \-\ \%. ' " %. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LARAE TUCKER [Applicant] DOSWELL VENTURES, LLC [Property Owner] Conditional Use Permit (Automobile Service Station) 1300 N. Great Neck Road (GPIN 2408276277). COUNCIL DISTRICT— LYNNHAVEN MEETING DATE: June 6, 2017 • Background: The existing gas station was constructed in 1989. As the site will be completely redeveloped, it has been determined that a new Conditional Use Permit is required in order to redevelop the site. The applicant proposes to redevelop the site with a 3,000 square-foot, single-story convenience store in conjunction with a new 79- foot long fuel canopy with up to six fuel pumps. A Conditional Use Permit is requested for an Automobile Service Station, due to the sale of fuel. • Considerations: The proposed new structures will provide significant aesthetic upgrades to the site. Vehicular ingress/egress safety improvements proposed by the applicant at this busy intersection include the relocation of the ingress/egress point along Rosemont Road to the south, away from the intersection; the installation of a right- turn lane along Rosemont Road; and the elimination of the easternmost ingress/egress point along Virginia Beach Boulevard. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. The applicant has discussed this request with the surrounding neighbors and has submitted letters of support from two adjacent property owners. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1. When the site is redeveloped, it shall be in substantial conformance with the submitted site layout exhibit entitled, "VB BLVD & ROSEMONT 7-ELEVEN PRELIMINARY LAYOUT PLAN," prepared by Blakeway Surveying, Engineering and Environmental, dated February 27, 2017, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. Larae Tucker, 3673 Virginia Beach Boulevard Page 2 of 3 2. The exterior of the proposed building, fuel canopy, and dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations entitled, "REVIEW BOARD BUILDING, DUMPSTER ENCLOSURE, AND CANOPY ELEVATIONS," prepared by K2M Design, and dated February 8, 2017, which have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 3. The freestanding sign shall be monument style with a brick base that matches the building and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit entitled, "7-Eleven#38165 3673 Virginia Beach Boulevard," prepared by Harbinger, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 4. Signage for the site shall be limited to: a. Directional signs b. One (1) monument-style freestanding sign, no more than eight (8) feet in height, set on a brick base to match the building brick and two (2) building and/or canopy signs c. Striping on the canopy shall be limited to ten (10) feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site 5. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on the site layout exhibit referenced in Condition 1 above. Said Plan shall adhere to all requirements of the Virginia Beach Landscaping Guide. 6. The dumpster shall be enclosed with a solid brick wall in a color to match the building and any required screening shall be installed in accordance with Section 245 (e) of the Zoning Ordinance. 7. No outdoor vending machines and/or display of merchandise shall be permitted. 8. No vacuum or air pumps shall be located closer than 20 feet to either Virginia Beach Boulevard or North Rosemont Road. All vacuums and air pumps shall be screened with evergreen plant material, of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the Landscape Plan. Larae Tucker, 3673 Virginia Beach Boulevard Page 3 of 3 • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Departmen / ��k^^ uv"�1 " City Manager: "Mt_ (V Applicant Larae Tucker Agenda Item Property Owner Doswell Ventures, LLC 7- Public Hearing May 10, 2017 City Council Election District Lynnhaven 2 Virginia Beach Request Conditional Use Permit (Automobile Service �,aw°"' ftoa a z � Station) D i ) ■ Drive 1■ ween au Res 414( Staff Recommendation �,de°"` - ` Approval —3" ie Staff Planner )r j (1147111 -1<" LAY�Cow924,61D � <2Jonathan Sanders t o w,.....w•• rir dyed.rood T' J o W•70o8DNL ` . : Location i .; 1300 North Great Neck Road r` _ i. ` GPIN S6NeoHan o,,, ,ti 2408276277 ..„...„...2---<.----0•766060MNti D'6.. , ,Cottle tame 1. Site Size 30,492square feet AICUZ 65-70 dB DNL; Sub-Area 3 Watershed Chesapeake Bay •... Existing Land Use and Zoning District -,-.,s,,, ,,-..7-,..--_ \• '- 7. Gas station/B-2 Community Business ttokt ,. 1 • 0`1. ,r�� w � Liar ;�<<, Surrounding Land Uses and Zoning Districts ice- '~ fe ~ ' T?vim:' • ' G `-- - 1 t�,a:�. North ,+ - ,:.;.+,Jt ili ' :rt a"l-.• Shopping center/ B-2 Community Business Hong �,� ? � • ;�,,, � , South •K 09 ,� l w1 .7. * _ First Colonial Road 'cuy� f„v .. i, ,, ' r ,r Convenience store with fuel sales/ B-2 •r - ` -*4.. ¢~ 7,c i .!” 4�.. Community Business . % �qri "' ' East i .J.- , '' f b ,..:(( Shopping center/ B-2 Community Business p, t t_:.;•' 4, : S •. �_ West ki' '�° '.�! 3 Great Neck Road :.1 '! , , r Single-family dwelling/ R-15 Residential Larae Tucker–N. Great Neck Rd Agenda Item 2 Page 1 Background and Summary of Proposal • In 1976, a Conditional Use Permit was approved for an Automobile Service Station on the site. The existing gas station was constructed in 1989. • As the site will be completely redeveloped, it has been determined that a new Conditional Use Permit is required in order to construct a new Automobile Service Station that will include a convenience store and fuel canopy. • The new convenience store is proposed as a nearly 3,000 square-foot,single-story structure with a mix of red and grey brick as exterior building materials. The existing fuel canopy will also be replaced with 90-foot long structure with brick supports and eight fueling pumps. • The site is proposed to be accessed via two points of ingress/egress. The existing entrance on North Great Neck Road will include the addition of a right-turn lane. The westernmost existing access on First Colonial Road and the southernmost existing access on North Great Neck Road will be eliminated. y c R�1R-11.9 co m1 „�L.. 2 ��� r -. x &2 1� I • 1 73 ` -� Zoning History ; _ d f # Request �` ,�� 1'�3-0 ��g� zzA 4 f,7 A-18 1 CUP(Automobile Service Station)Approved 10/18/1976 ` �_,..• / co 2 CUP(Indoor Recreation Facility)Approved 11/27/2012 g-i0) a -\0-2 3 MOD(Columbarium)Approved 01/12/2010 4 r N. . CUP(Church Expansion)Approved 12/08/1998 1.3.—f-1 ` B-2R-1O • HR 10 - Ir Ir 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. Larae Tucker— N. Great Neck Rd Agenda Item 2 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 this predominately impervious site, as it is developed with a convenience store and fuel pumps. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Great Neck Road 41,500 ADT 1 52,600 ADT 1(LOS°"D") Existing Land Use 2-1,302 ADT Proposed Land Use 3—1,953 ADT First Colonial Road 18,250 ADT 1 18,250 ADT (LOS°"D") 1 Average Daily Trips 2 as defined by an existing 3 as defined by a 3,000 square-foot °LOS=Level of Service gas station with convenience store with eight vehicle convenience store. fueling positions. Public Utility Impacts Water The site currently connects to City water. There is an existing 16-inch City water transmission main along North Great Neck Road. There is an existing eight-inch City water main on the west side of the property. Limited improvements or landscaping will be permitted in this area. There is an existing eight-inch City water main along the south side of the property. Limited improvements or landscaping will be permitted in this area. The existing 5/8-inch water meter(City ID#95069890) may be used or upgraded to accommodate the proposed use. Sewer The site currently connects to City sewer. There is an existing 16-inch HRSD sanitary sewer force main along North Great Neck Road. There is an existing eight-inch City sewer force main along the south side of the property. Limited improvements or landscaping will be permitted in this area. There is an existing eight-inch City gravity sanitary sewer main located on private property along First Colonial Road. The sewer main terminates approximately 10-feet east of the property. Evaluation and Recommendation The applicant's request to redevelop the site with a convenience store and fueling station is consistent with the existing use and will serve as an upgrade to the area. The elimination of two points of ingress/egress and the addition of a right- turn lane along North Great Neck Road are significant improvements that make the site and this portion of the roadway much safer. The applicant has worked with Staff to ensure building and fueling canopy designs that are constructed using high quality building materials. 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. As the site is already developed as an automobile service station, Staff does not anticipate any negative impacts to adjacent property owners with the redevelopment of the site. Rather,the safety improvements to the roadway and to the ingress/egress will be significant modifications for vehicular movements at this busy intersection. Based on the considerations above, Staff recommends approval of the application subject to the conditions below. Larae Tucker—N. Great Neck Rd Agenda Item 2 Page 3 Recommended Conditions 1. When the site is redeveloped, it shall be in substantial conformance with the submitted site layout exhibit entitled, "N. GREAT NECK RD. 7-ELEVEN PRELIMINARY LAYOUT PLAN," prepared by Blakeway Surveying, Engineering and Environmental, dated January 30, 2017,which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The exterior of the proposed building,fuel canopy, and dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations entitled, "REVIEW BOARD BUILDING, DUMPSTER ENCLOSURE, AND CANOPY ELEVATIONS," prepared by K2M Design, and dated February 8, 2017, which have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 3. The freestanding sign shall be monument style with a brick base that matches the building and substantially adhere in appearance,size and materials to the submitted freestanding sign exhibit entitled, "7-Eleven #38161 1300 N Great Neck Road," prepared by Harbinger,which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 4. Signage for the site shall be limited to: a. Directional signs b. One (1) monument-style freestanding sign, no more than eight (8)feet in height,set on a brick base to match the building brick and two (2) building and/or canopy signs c. Striping on the canopy shall be limited to ten (10)feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site 5. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on the site layout exhibit referenced in Condition 1 above. Said Plan shall adhere to all requirements of the Virginia Beach Landscaping Guide. 6. The dumpster shall be enclosed with a solid brick wall in a color to match the building and any required screening shall be installed in accordance with Section 245 (e) of the Zoning Ordinance. 7. No outdoor vending machines and/or display of merchandise shall be permitted. 8. No vacuum or air pumps shall be located closer than 20 feet to either North Great Neck Road or First Colonial Road. All vacuums and air pumps shall be screened with evergreen plant material, of a size and species acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the Landscape Plan. 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. Larae Tucker— N. Great Neck Rd Agenda Item 2 Page 4 Proposed Site Layout noposoo.spvt• Existing _ `"a "` C _t,._ VIM___.._...Uktt ..___, v 4 R,a t i I` /, ...No. moan I slot/ 1 0 �� Amyx 7.030 Sot, Q 0- 11111 Or SW (k moo , t1V-- : riI E1 g .,,c, a ar II----�--a cc a 03 Proposed '`_ Right-Turn _ _ _ n.ou a a a n -P c4" Lane - - - .00 • 1_. , 1 V/ _r_, Sl 7 j • m Aar-a<-+n //� .•lo21 0-, <-.a 64-.,,ti,, a e.aa • 1111:11111F.Int,'. .„:, agar 1 Ix r Proposed -_S - yr Monument I Proposed Sign Fuel .xxs� Canopy i�,c�,���G op �o Existing _._ Entrance Larae Tucker- N. Great Neck Rd Agenda Item 2 Page 5 Proposed Elevations �t —v�rn.wws B 4� �� I i NouonaisNo31v3uaaA GE: }L 3�vi W •• t1 !I� �l ' (( ......vwowaa, ! + i K S F Y Illi if,lli.1)I� i i 114 I li i ` k �i ) � t 32101S N3/013•L +i �,! ) E Y %% ) % tti % I 1� i I 1,1 j ! i1 41 P i . 141111 I 'Ilt .SII 1 ')�� i lilt I t/ a a 3 3 r1 1 Irl li .# 1 I 11,,p i I I lb 11141111! a • .. U i . 1 I 4 fll 00 _ LL Z O �1 II �> yy < >} > ,Jt 1 N w W„ 11r- a ti ) MI MN g• ti ! u0.)i " ill it i f i `p l c liii (_ ii I' t s v r l r■ 6 �i • ii 1 " 1111111 Ii Lu III , � �Al 1 III Ili- . U . , a. 1 i N I { Z 111 !I iii. j o 1 � J7pp([ C � 77i! i ') w w i w o Z C7 CO U W Z W Z IX W f g • {ill t ill!1 ii it ill ll S al r ? 1 ! ' �1t1 )I i !i N Larae Tucker—N. Great Neck Rd Agenda Item 2 Page 6 Proposed Signage ONO C: Ekon ▪ WY _ : . yI • Nit .i Regular OTYMY<.I<n.,. ' Diesel a•..., IFY,cm.I I ..ml.w AAAA ... F ...An canes•no __�_�__ m moo Mk =MO=WO---MOM a=MI=MN MEM. MOM=�If R+<niw MI=1•11111111=11111111111MMIIIIM==111111111MIM=M= Ill ..".... MN MUM 11•1 . Mme=MIOM===MIME RAMI MIN III MEI NM. I • MO ■ 3 ■eaummeummmemeonam�r��mimm . IMMO E=I —�— --- =E. ■ . MINI= ---1— j 0;•• ■ — -- EU MOM= ==M =MI= MIN= ==== MM . • 0. • MERU ■EB1111111•ME. —-- MSM.ommmis. =MI - a,:Ai ,IIIIIII 111E7'7-II! • ! .e.w:orL:aa. • Tory • "AM -,•,• •-•-••• -•.. _ • PREFIMSMED METAL PREE►AEIEO■■TK DOWNSPOUT(BRON7E. CANOPYMOM(WO BAKED ENAMEL) NOTE'ELEVATOR RENDERINGS FOR CONCEPTUAL PURPOSES ONLY OF IOM SYNERGY DISPENSER F.*on 1 LI I D, II,. ,, : i, i .._ _.,,. ,L_„._ , ROUTH ELEVATION: WEST BLEVAT I,r. r w. . . . T I '. _. - Iip---________i A. ii 1 r t iii.ii — -J.' - ., 1 13 ., . 0 , L.;._ , NORTH ELEVATION:_AAAA EAT F.E VAT IC, NIB Larae Tucker— N. Great Neck Rd Agenda Item 2 Page 7 Site Photos 'may 1Oir gm L ii iii1V- _.,.-"I'''_,,., .. _._ . illirq M.. f Larae Tucker—N. Great Neck Rd Agenda Item 2 Page 8 Disclosure Statement 3 Virginia Beach APPLICANT'S NAME Larae Tucker DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special investment Program Exception for (EDIP) Changes Board of Zoning Appeals Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board _ Conditional Use Permit License Agreement Wetlands Board a The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. a SECTION 1 / APPLICANT DISCLOSURE � roRcn mEot .- Page lof7 APPLICANT O ED OF HEARING /{q� J NO CHANCES AS OF c r 5723/17 S Jonathan Sanders • In IS IONS SUBMITTED .. Larae Tucker—N. Great Neck Rd Agenda Item 2 Page 9 Disclosure Statement . Virginia Beach �g3 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:Lame Tucker If an LLC,list all member's names: N/A If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) N/A (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) N/A See next page for Information pertaining to footnotes1 and 2 a 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. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business,or other unincorporated organization,ANI THEN complete the following. (A) List the Property Owner's name:Doswell Ventures,LLC If an LLC, list the member's names.John N.Woodfin,Jr.,Suzanne Villani,A. Penn Staples Page 2 of 7 Larae Tucker—N. Great Neck Rd Agenda Item 2 Page 10 Disclosure Statement Vupnia 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 t or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) Woodfin Heating, Inc affiliated through shared management and control 'Parent-subsidiary relationship' m relationship that exists when one corporation directly or indirectly owns shares possessing m re than 50 percent of the voting power of another corporation." See Stem and Local Government Conflict of Interests Act.Va. Code§2.2-3101. 3 'Affiliated business entity relationship' means "a relationship, other than parenpsubsidiary relationship,that exists when ti)one business entity has a controlling ownership Interest In the other business entity,lig a controlling owner in one entity is also a controlling owner In the other entity.or liiil there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets: the business entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis', or there is otherwise a close working relationship between the entitles; See State and Local Government Conflict of Interests Act, Va.code§ 23-3101. SECTION 3. SERVICES DISCLOSURE Are any of the Following services being provided In connection with the subiect of the aDolication or gm/ business oneratMa or to be operated on the ProDBRV. 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 Larae Tucker—N.Great Neck Rd Agenda Item 2 Page 11 Disclosure Statement APPLICANT Virgin1a Beach YES NO SERVICE PROVIDER(We additional sheets it needed) 5 ri Accounting and/or preparer of Jocobson Brotsman,P.0 I I your tax return ❑X fl Architect/Landscape Architect/ K2M/Joe Vaughn Land Planner Contract Purchaser(if other than 7-Eleven,Inc. rithe Aoollcant)-Identify purchaser and purchaser's service providers Any other pending or proposed • n purchaser of the subject property (identify purchaser(s)and purchasers service providers) • nConstruction Contractors TBD ® Engineers/Surveyors/Agents Blakeway Corporation Financing(include current ❑ X❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services LeClaira Ryan Real Estate Brokers/ HRC,Wanda Garrett ® n Agents/Realtors for current and anticipated future sales of the subject property 4 a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ 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 Larae Tucker—N.Great Neck Rd Agenda Item 2 Page 12 Disclosure Statement ik rdh'n,; +sr` 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 ApPllc tion. Larae Tucker 2/28/17 m'S51GNA> E PRIM NAME DATE Page 5 of 7 Larae Tucker—N. Great Neck Rd Agenda Item 2 Page 13 Disclosure Statement OWNER Virginia Beech YES NO SERVICE PROVIDER ivse addhional sheets if Ill Accounting and/or preparer of Wells Coleman,PC your tax return Cyt Architect/Landscape Architect/ Land Planner Contract Purchaser(Ifother than ?-Eleven ® ❑ lnc. the Apulian)-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 • aEngineers/Surveyors/Agents Financing(Include current M T Bank-Current Mortgage Holder ® ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • ❑ Legal Services Christian&Barton Real Estate Brokers/ HRC,Wanda Garrett " ❑ Agents/Realtors for current and anticipated future sales of the subject property • a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an Interest In the subject land or any proposed development contingent on the subject public action? If yes,what Is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Larae Tucker—N. Great Neck Rd Agenda Item 2 Page 14 Disclosure Statement my `.+z? CFRTIFICATION: 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, CouncilVBDA meeting, or meeting of any public body or committee In connection with this Application. A)nnc9//// `11 J.�. h oAZE4� PROPERTY re5y01Gor& PRINT NAME T Page 7 of 7 Larae Tucker—N. Great Neck Rd Agenda Item 2 Page 15 Item#2 Larae Tucker Conditional Use Permit 1300 N.Great Neck Road District 5 Lynnhaven May 10, 2017 CONSENT An application of Larae Tucker for a Conditional Use Permit(Automobile Service Station) on property located at 1300 N. Great Neck Road, District 5, Lynnhaven. GPIN: 2408-27-6277-0000. CONDITIONS 1. When the site is redeveloped, it shall be in substantial conformance with the submitted site layout exhibit entitled, "N. GREAT NECK RD. 7-ELEVEN PRELIMINARY LAYOUT PLAN," prepared by Blakeway Surveying, Engineering and Environmental,dated January 30, 2017, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The exterior of the proposed building, fuel canopy, and dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations entitled, "REVIEW BOARD BUILDING, DUMPSTER ENCLOSURE, AND CANOPY ELEVATIONS," prepared by K2M Design, and dated February 8, 2017, which have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 3. The freestanding sign shall be monument style with a brick base that matches the building and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit entitled, "7-Eleven#38161 1300 N Great Neck Road," prepared by Harbinger,which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 4. Signage for the site shall be limited to: a. Directional signs b. One (1) monument-style freestanding sign, no more than eight(8)feet in height, set on a brick base to match the building brick and two(2) building and/or canopy signs c. Striping on the canopy shall be limited to ten (10) feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated d. There shall be no other signs, neon signs,or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site 5. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on the site layout exhibit referenced in Condition 1 above. Said Plan shall adhere to all requirements of the Virginia Beach Landscaping Guide. 6. The dumpster shall be enclosed with a solid brick wall in a color to match the building and any required screening shall be installed in accordance with Section 245 (e)of the Zoning Ordinance. Item#2 Larae Tucker Page 2 7. No outdoor vending machines and/or display of merchandise shall be permitted. 8. No vacuum or air pumps shall be located closer than 20 feet to either North Great Neck Road or First Colonial Road. All vacuums and air pumps shall be screened with evergreen plant material, of a size and species acceptable to the Development Service Center's Landscape Architect,all of which shall be depicted on the Landscape Plan. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item 2. AYE 10 NAY 0 ABS 0 ABSENT 1 HODSGSON AYE HORSLEY ABSENT INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 2 for consent. Steve Romine appeared before the Commission on behalf of the applicant. 4 I t 'II I 'i ___.,...---------- - - --."---'..-- -....'"- -'''''''''''''''...'''''''''..*'.*'"'.....''''..'-''- ___ ___-__-- ---"'''''`' .1 Ai ,,tik,,.....-._ Ia?F- a-i, 4 ------'1.11' I 0 A- -, --- ""\L„.. 1 1i Willillilh 116, L. - , . . ----- --fi‘c , - _. .... --- ve , ,......- . • .... __, _______ . • per' '". - ----_,-.-c.:1.----4--' •6,. - '''f I� _ 111\ ..2 I' 1, .„„,, . ,,..________ ,, , . . .. ____ , ,........:, ,,,, , . __. fle ,_____.._,. 0 , ,„, . ; ... , ____ ..„, , ___ 4 1. j` o 1 Is til AII i1 i in lailiik illidilli P Pk . CA,114-i---....*.. . ... _ _ O j _ 1 _ cerine)et CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO ESTABLISH A HISTORIC AND CULTURAL DISTRICT IN ACCORDANCE WITH ARTICLE 13 OF THE ZONING ORDINANCE TO INCLUDE THE SEATACK LIFE SAVING STATION AND VIRGINIA BEACH COAST GUARD STATION (GPINS 2427194622 AND 2427193796) AND TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF VIRGINIA BEACH. COUNCIL DISTRICT— BEACH MEETING DATE: June 6, 2017 ■ Background: The Virginia Beach City Council established the Historic and Cultural District zoning overlay in 1968 to encourage the recognition and protection of the architectural and cultural history of the City and to protect the historic significance and integrity of properties within designated districts. There are currently 14 Historic and Cultural Districts in the City of Virginia Beach. • Considerations: The Historic Preservation Commission has recommended the establishment of a Historic and Cultural District to encompass two City-owned parcels containing the historic Seatack Life Saving Station/Virginia Beach Coast Guard Station and the station's original location. The Seatack Life Saving StationNirginia Beach Coast Guard Station Cottage is listed on the National Register of Historic Places, which is an honorary designation. Establishing a Historic and Cultural District for the Seatack Life Saving Station/Virginia Beach Coast Guard Station parcels will satisfy condition 10.b of the City's Certified Local Government Agreement with the Virginia Department of Historic Resources, which is to accomplish the "extension of historic zoning to include one or more additional individual properties listed in or eligible for listing in the National Register of Historic Places." Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. Staff has discussed this request with the property's current lessee. 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. City of Virginia Beach Page 2 of 2 • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Ordinance Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. \ Submitting Department/Agency: Planning Department ar City Manager: 7711 � Xy 1 AN ORDINANCE TO ESTABLISH A HISTORIC AND 2 CULTURAL DISTRICT IN ACCORDANCE WITH ARTICLE 3 13 OF THE CITY ZONING ORDINANCE TO INCLUDE THE 4 SEATACK LIFE SAVING STATION AND VIRGINIA BEACH 5 COAST GUARD STATION (GPINS 2427194622 AND 6 2427193796) AND TO AMEND THE OFFICIAL ZONING 7 MAP OF THE CITY OF VIRGINIA BEACH 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 WHEREAS, the Historic Preservation Commission recommended to City Council 13 that the historic Seatack Life Saving Station and Virginia Beach Coast Guard Station 14 and the adjacent park, 2401 and 2405 Atlantic Avenue, (GPINs 2427194622 and 15 2427193796), ("the Properties") be considered for inclusion in a Historic and Cultural 16 District; 17 18 WHEREAS, the Properties are owned by the City of Virginia Beach; 19 20 WHEREAS, Historic and Cultural Districts are established to protect the historic 21 significance and integrity of the properties that are recognized for their association with 22 historic events, historically significant persons, that possess distinctive characteristics of 23 a type, period or method of construction or have the potential to yield significant 24 archaeological or historical information; 25 26 WHEREAS, the Properties contain the historic Seatack Life Saving Station and 27 Virginia Beach Coast Guard Station which are listed on the Virginia Landmarks Register 28 and the National Register of Historic Places and meet the requirements of City Zoning 29 Ordinance Section 1301(c)(1)for inclusion in a Historic and Cultural District; 30 31 WHEREAS, the Properties also contain the adjacent park, which is contiguous to 32 the historic site and provides a significant route of tourist access to the designated 33 historic landmark and meets the requirements of City Zoning Ordinance Section 1301 34 (d) for inclusion in a Historic and Cultural District; and 35 36 WHEREAS, the proposed District shall be regulated by the Oceanfront Resort 37 District Form-Based Code and Section 1300 of the City Zoning Ordinance, whichever is 38 more stringent. 39 40 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 41 VIRGINIA BEACH, VIRGINIA: 42 43 That the Properties at 2401 and 2405 Atlantic Avenue, GPINs 2427194622 and 44 2427193796, are designated and established as a Historic and Cultural District in 45 accordance with Article 1300 of the City Zoning Ordinance and this Ordinance. 46 47 NOW, THEREFORE, BE IT ALSO ORDAINED BY THE COUNCIL OF THE CITY 48 OF VIRGINIA BEACH, VIRGINIA: 49 50 That the official zoning map of the City of Virginia Beach be, and hereby is, 51 amended by the designation of the properties located at 2401 and 2405 Atlantic 52 Avenue, GPINs 2427194622 and 2427193796, owned by the City of Virginia Beach, as 53 a Historic and Cultural District, as shown on the official zoning map of the City of 54 Virginia Beach, displayed to City Council and on file in the Department of Planning. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017 APPROVED AS TO CONTENT: APPROVED AS TOLEGAL SUFFICIENCY: PON"--) lb , > Sv, Barry4; field, Directo B. Kay Wils , Deputy City Attorney Planni �-•.rtment City Attorney ffice CA-13938 R-1 February 20, 2017 2 Applicant City of Virginia Beach Agenda Item Public Hearing March 8, 2017 City Council Election District Beach Establishment of the Seatack Life Saving Station and 12. Virginia Beach Virginia Beach Coast Guard Station Historic and Cultural District Request An Ordinance to Establish a Historic and OR '"--- Cultural District in Accordance with Article _______---\\Ili 13 of the City Zoning Ordinance to Include 251N the Seatack Life Saving Station and Virginia ' rte Beach Coast Guard Station and to Amend -a IP the Official Zoning Map of the City of T %/ � Virginia Beach CI OR �' cn Staff : ommendati0h1l 7......\ 24. S Staff Planner Mark Reed � �, Ail OR \- \\ Location 2401 Atlantic Avenue 2405 Atlantic Avenue GPIN 2427194622 2427193796 le•i 1114.41-714 47District Size - % '' 42,942 square feet is 1iscr<<t. 3y' I k AICUZ T , ' ; '+'‘ 65-70 dB DNL )7:' ' '. •• Existing Land Use and Zoning District 1A.: t''' ••• �'.• v , _ Museum, City park/OR Oceanfront Resort6111\4•• �:3:•• 1 -• ~• 1 s .. ( Surrounding Land Uses and Zoning Districts A +, , : t'' • c�• North lr 1 ': , Hotel/OR Oceanfront Resort ..� .. .x. + • South :* , ‘'t.. t ' Hotel/OR Oceanfront Resort I ' ' �' ,! East �t . .� • iZ _ Boardwalk, beach/OR Oceanfront Resort West Mixed retail/OR Oceanfront Resort City of Virginia Beach Agenda Item 12 Page 1 Background and Summary of Proposal • Article 13 of the Zoning Ordinance was established by City Council to protect the historic significance and integrity of the properties within Historic and Cultural Districts that are recognized for their association with historic events or historically significant persons; that possess distinctive characteristics of a type, period or method of construction; or have the potential to yield significant archaeological or historical information. • The Historic and Cultural District is intended to assure that new structures, additions, landscaping and related elements will be in harmony with the historic setting and environs. To help accomplish this, the code requires the issuance of a Certificate of Appropriateness by the Historical Review Board for any building or structure, including signs, to be constructed, altered, repaired, relocated or demolished within a Historic and Cultural District. No building permit or other required permit authorizing such action will be issued unless a Certificate of Appropriateness has been issued. • There are 14 Historic and Cultural Districts throughout Virginia Beach. The overlay district does not impact development opportunities that currently exist on adjacent properties. • The properties proposed with the Historic and Cultural District are owned by the City of Virginia Beach. • The Seatack Life Saving Station and Virginia Beach Coast Guard Station is listed in the Virginia Landmarks Register and the National Register of Historic Places. These designations are honorary and provide no protections to the historic property. Since the City has owned the property, the Seatack Life Saving Station and Virginia Beach Coast Guard Station has been leased to the Virginia Beach Maritime Museum, Inc., a private non- profit foundation that operates the Old Coast Guard Station museum in the building. Such designation complies with the requirements of CZO Section 1301 (c) for the requirements to establish a Historic and Cultural District. • Parcel A (12,287 square feet) contains the historic Seatack Life Saving Station and Virginia Beach Coast Guard Station. It was constructed on the adjacent Parcel B in 1903 by the U.S. Life Saving Service.The U.S. Life Saving Service and the U.S. Revenue Cutter System merged in 1915 with the creation of the United States Coast Guard. The Virginia Beach Coast Guard Station was decommissioned in 1969.The historic building was moved approximately 200 feet to its current location in 1979. • Parcel B (30,655 square feet) is a public park known as 24th Street Park. It contains a stage structure, public restrooms and concession stand, and an open arcade parallel to Atlantic Avenue. Although no historic structures are located on this parcel, it is a contiguous site that provides a significant route of tourist access to the designated historic landmark in accordance with CZO Section 1301 (d). • The proposed District shall be regulated by the Oceanfront Resort District Form-Based Code and Section 1300 of the CZO, whichever is more stringent. • The Historic Preservation Commission recommended these properties for inclusion in a Historic and Cultural District. City of Virginia Beach Agenda Item 12 Page 2 TPA Parcel B Za n Parcel A 241" ST Evaluation and Recommendation The subject parcels represent an important part of the history of the City of Virginia Beach, containing the historic Seatack Life Saving Station and Virginia Beach Coast Guard Station. The proposed Historic and Cultural District meets several of the criteria set forth in Section 1301 (c) of the Zoning Ordinance as it is listed in the Virginia Landmarks Register and the National Register of Historic Places; is of significant historic, architectural and cultural interest; and has special public value because of notable features relating to the cultural heritage of the City that are sufficiently significant to warrant conservation and preservation.The adjacent park provides significant access to the historic structure and should be included in the District. Guiding Principles have been established in the Comprehensive Plan for properties in the Strategic Growth Areas. One of these principles is to Preserve Designated Historic Resources.The Plan states that it is the City's policy to use all available resources, including those provided by the Historical Review Board, Historic Preservation Commission, and the Princess Anne County/Virginia Beach Historical Society to preserve designated resources. (p. 1-11)The Historic Preservation Commission's recommendation for the establishment of a Historic and Cultural District is consistent with this principle. Establishment of this Historic and Cultural District will address one of the required areas of improvement contained in the City's Certified Local Government Agreement with the Virginia Department of Historic Resources. The Virginia Beach Historic Preservation Commission recommends that these two City-owned parcels that comprise the Old Coast Guard Station museum and 24th Street Park properties be established as a Historic and Cultural District and be given all of the considerations and protections that this zoning District provides. City of Virginia Beach Agenda Item 12 Page 3 Based on the considerations above, Staff recommends approval of the proposed Zoning Ordinance amendment. City of Virginia Beach Agenda Item 12 Page 4 Site Photos . 11)1' t _ s:...;.;:3.„, r. ... . - - ` Mil :. u_ _ ----� 1°° 1 1 I'IlL' I IIII 11111 I„!' _- - �� ����� II 1111!!I I I I' .x..r,rnikisia.digi iimmiiiimm iritmumuv.1 1 11 - � I s Mir ,\ inda1444144 :: ft a a , 04 ,�.,, ' � -, -�... I Il, ,Ist.. II 1166U IIIIIIIIIIIIII!'IIIIIIIIIIIII,�iiiii�,u `_ n o uii;,��,1 Vii..„,1 a iin a riim!nnmiipi I City of Virginia Beach Agenda Item 12 Page 5 Site Photos 011.- -••• V; • - / -•".'.jell.4,1410:: . ....,, . . . ..... . ---- - - _._,------ F',16A , . 4, ...1. fi 1 et ii ' , 1111111hr _ _ --- - - i-g--- r- 1441,11-rr ..-1,' g! 3 '." . • -=....-• _ --- -L:_____,, P-4'-'....• . 4,-. • , t awl tigado . , • od oillIjilli/M M I , ,,, :•--1- ': . - ausilillt1110, 11 11 114 :...1 7411:111itzi : :::' -•-- ...-- , 11 -.. • ,...---"! .., _ ,411111111111 - . ' ' ' . ' -1.'---*--7s.,.--ntrl ri'..;--"-----,,,,.._ .. i. . --: .---'•-•--- , . . . 'II ell . `,- WU 0 ellill, • _ .. , ... • . City of Virginia Beach Agenda Item 12 Page 6 Item#12 An Ordinance to Establish a Historic and Cultural District in Accordance with Article 13 of the City Zoning Ordinance to Include the Seatack Life Saving Station and Virginia Beach Coast Guard Station and to Amend the Official Zoning Map of the City of Virginia Beach March 8, 2017 CONSENT An Ordinance to Establish a Historic and Cultural District in Accordance with Article 13 of the City Zoning Ordinance to Include the Seatack Life Saving Station and Virginia Beach Coast Guard Station and to Amend the Official Zoning Map of the City of Virginia Beach. A motion was made by Commissioner Oliver and seconded by Commissioner Ripley to approve item 12. AYE9 NAY ABSO ABSENT2 HODGSON AYE HORSLEY ABSENT INMAN AYE KWASNY ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 9-0,the Commission approved item 12 for consent. Mark Reed appeared before the Commission. ._ 1 a �- 0t �� I ,� t .. t 1 1. A _ 1i ‘111111111k‘ . ..- F' Ille i r 03H-- . ue. ..,_ ... .. ...., . . , . _ .. 14 en . .: .. _ Wan tic ..... .. ti Ce % Cle ,.,- 42 'Ilii, ___,--.,,,.A. 11,4, li ....c---":1. T 1.,. -- ----\ , , J 5— a i' i ,t 4 t-1 !, tom_L — r - _--1 _ _ 'est r—�r , ti , 11 'fir.._- y '+ I _—• — 1 L'f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO ESTABLISH A HISTORIC AND CULTURAL DISTRICT IN ACCORDANCE WITH ARTICLE 13 OF THE ZONING ORDINANCE TO INCLUDE THE DEWITT COTTAGE (GPINS 2427255317 AND 2427255322) AND TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF VIRGINIA BEACH. COUNCIL DISTRICT— BEACH MEETING DATE: June 6, 2017 • Background: The Virginia Beach City Council established the Historic and Cultural District zoning overlay in 1968 to encourage the recognition and protection of the architectural and cultural history of the City and to protect the historic significance and integrity of properties within designated districts. There are currently 14 Historic and Cultural Districts in the City of Virginia Beach. • Considerations: The Historic Preservation Commission has recommended the establishment of a Historic and Cultural District to encompass two City-owned parcels containing the historic deWitt Cottage and related structures. The deWitt Cottage is listed on the National Register of Historic Places, which is an honorary designation. Establishing a Historic and Cultural District for the deWitt Cottage parcels will satisfy condition 10.b of the City's Certified Local Government Agreement with the Virginia Department of Historic Resources, which is to accomplish the "extension of historic zoning to include one or more additional individual properties listed in or eligible for listing in the National Register of Historic Places." Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. Staff has discussed this request with the property's current lessee. 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. City of Virginia Beach Page 2 of 2 • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Ordinance Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Departmen -^M ' r City Manager: / 102— 1 AN ORDINANCE TO ESTABLISH A HISTORIC AND 2 CULTURAL DISTRICT IN ACCORDANCE WITH ARTICLE 3 13 OF THE CITY ZONING ORDINANCE TO INCLUDE THE 4 DEWITT COTTAGE (GPINS 2427255317 AND 5 2427255322) AND TO AMEND THE OFFICIAL ZONING 6 MAP OF THE CITY OF VIRGINIA BEACH 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 WHEREAS, the Historic Preservation Commission recommended to City Council 12 that the historic deWitt Cottage and adjacent parcel, 1113 Atlantic Avenue, (GPINs 13 2427255317 and 2427255322), ("the Properties') be considered for inclusion in a 14 Historic and Cultural District; 15 16 WHEREAS, the Properties are owned by the City of Virginia Beach; 17 18 WHEREAS, Historic and Cultural Districts are established to protect the historic 19 significance and integrity of the properties that are recognized for their association with 20 historic events, historically significant persons, that possess distinctive characteristics of 21 a type, period or method of construction or have the potential to yield significant 22 archaeological or historical information; 23 24 WHEREAS, the Properties contain the historic deWitt Cottage which is listed on 25 the Virginia Landmarks Register and the National Register of Historic Places and meets 26 the requirements of City Zoning Ordinance Section 1301(c)(1) for inclusion in a Historic 27 and Cultural District; 28 29 WHEREAS, the Properties also contain the adjacent parcel, which is contiguous 30 to the historic site and provides a significant route of tourist access to the designated 31 historic landmark and meets the requirements of City Zoning Ordinance Section 1301 32 (d) for inclusion in a Historic and Cultural District; and 33 34 WHEREAS, the proposed District shall be regulated by the Oceanfront Resort 35 District Form-Based Code and Section 1300 of the City Zoning Ordinance, whichever is 36 more stringent. 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 39 VIRGINIA BEACH, VIRGINIA: 40 41 That the Properties at 1113 Atlantic Avenue, GPINs 2427255317 and 42 2427255322, are designated and established as a Historic and Cultural District in 43 accordance with Article 1300 of the City Zoning Ordinance and this Ordinance. 44 45 NOW, THEREFORE, BE IT ALSO ORDAINED BY THE COUNCIL OF THE CITY 46 OF VIRGINIA BEACH, VIRGINIA: 47 48 That the official zoning map of the City of Virginia Beach be, and hereby is, 49 amended by the designation of the properties located at 1113 Atlantic Avenue, GPINs 50 2427255317 and 2427255322, owned by the City of Virginia Beach, as a Historic and 51 Cultural District, as shown on the official zoning map of the City of Virginia Beach, 52 displayed to City Council and on file in the Department of Planning. 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: Barry F . ield, Direct. r B. Kay Wi n, Deputy City Attorney Planni a I ment City Attor e 's Office CA-13939 R-1 February 20, 2017 2 Applicant City of Virginia Beach Agenda Item Public Hearing April 12, 2017 City Council Election District Beach crry�f Establishment of the deWitt Cottage Historic and D I. Virginia Beach Cultural District Request An Ordinance to Establish a Historic and Cultural District in Accordance with Article OR 13 of the City Zoning Ordinance to Include • eR the deWitt Cottage and to Amend the 1..- Official Zoning Map of the City of Virginia \_„0---y. Staff Recommendation ��//- Approval - pp OR - _ Staff PlannerA OR Mark Reed f — _ — Location 1113 Atlantic Avenue OR ' GPINs `�R 2427255317, 2427255322 District Size 15,651 square feet AICUZ .`` 65-70 dB DNL ►' IV Existing Land Use and Zoning District t. 4 Museum /OR Oceanfront Resort s r virT- `` + Surrounding Land Uses and Zoning Districts • »" 7.7:x North .•�r , . .1 1� , Connector Parkow . Hotel/OR Oceanfront Resort %! 'R South Hotel/OR Oceanfront Resort i -" `- ; 1 4. Eastr t . y` Boardwalk, beach /OR Oceanfront Resort 'k -1 s Westiti ` Mixed Retail/OR Oceanfront Resort City of Virginia Beach Agenda Item D1 Page 1 Background and Summary of Proposal • This amendment was deferred at the March 2017 Planning Commission meeting to allow Staff time for additional public outreach. Planning Staff met with the Atlantic Wildfowl Heritage Museum Board of Directors on March 21, 2017 to discuss the details of the proposed zoning protection and to answer their questions. The board members did not express any specific objections to the Historic and Cultural District overlay. • Article 13 of the Zoning Ordinance was established by City Council to protect the historic significance and integrity of the properties within Historic and Cultural Districts that are recognized for their association with historic events or historically significant persons; that possess distinctive characteristics of a type, period or method of construction; or have the potential to yield significant archaeological or historical information. • The Historic and Cultural District is intended to assure that new structures, additions, landscaping and related elements will be in harmony with the historic setting and environs. To help accomplish this,the code requires the issuance of a Certificate of Appropriateness by the Historical Review Board for any building or structure, including signs, to be constructed, altered, repaired, relocated or demolished within a Historic and Cultural District. No building permit or other required permit authorizing such action will be issued unless a Certificate of Appropriateness has been issued. • There are 14 Historic and Cultural Districts throughout Virginia Beach. The district does not impact development opportunities that currently exist on adjacent parcels. • The properties proposed with this Historic and Cultural District are owned by the City of Virginia Beach. • The proposed Historic and Cultural District will encompass two properties that were acquired by the City of Virginia Beach in 1995.The deWitt Cottage is listed in the Virginia Landmarks Register and the National Register of Historic Places. These designations are honorary and provide no protections to the historic property. Since the City has owned these properties the deWitt Cottage has been leased to the Back Bay Wildfowl Guild. The Guild operates the Atlantic Wildfowl Heritage Museum in the building. Such designation complies with the requirements of CZO Section 1301 (c) for the requirements to establish a Historic and Cultural District. • Parcel A (8,326 square feet) contains the historic deWitt Cottage. It was constructed on this site in 1895 by B.P. Holland, the first mayor of Virginia Beach. The deWitt family acquired the property in 1909 and lived there until 1988. This parcel also contains Virginia Beach's first library building, which was moved to the site in 2002. It was constructed prior to 1930. • The deWitt Cottage is the sole surviving example of the type of oceanfront dwelling constructed in Virginia Beach between the town's founding in 1883 and its incorporation in 1906. • Parcel B (7,325 square feet) is undeveloped and is also leased to the Back Bay Wildfowl Guild. It is used to support the operations and activities of the Atlantic Wildfowl Heritage Museum.Although no historical structures are located on this parcel, it is a contiguous site that provides a significant route of tourist access to the designated historic landmark in accordance with CZO Section 1301 (d). • The proposed District shall be regulated by the Oceanfront Resort District Form-Based Code and Section 1300 of the CZO, whichever is more stringent. • The Historic Preservation Commission recommended these properties for inclusion in a Historic and Cultural District. City of Virginia Beach Agenda Item D1 Page 2 1 0000 Evaluation and Recommendation The subject parcels represent an important part of the history of the City of Virginia Beach, containing the sole surviving oceanfront residential dwelling from the late nineteenth century. The proposed Historic and Cultural District meets several of the criteria set forth in Section 1301 (c) of the Zoning Ordinance as the deWitt Cottage is listed in the Virginia Landmarks Register and the National Register of Historic Places; is of significant historic, architectural and cultural interest; and has special public value because of notable features relating to the cultural heritage of the City that are sufficiently significant to warrant conservation and preservation. The adjacent parcel provides significant access to the historic structure and should be included in the District. Guiding Principles have been established in the Comprehensive Plan for properties in the Strategic Growth Areas. One of these principles is to Preserve Designated Historic Resources.The Plan states that it is the City's policy to use all available resources, including those provided by the Historical Review Board, Historic Preservation Commission, and the Princess Anne County/Virginia Beach Historical Society to preserve designated resources. (p. 1-11) The Historic Preservation Commission's recommendation for the establishment of a Historic and Cultural District is consistent with this principle. Establishment of this Historic and Cultural will address one of the required areas of improvement contained in the City's Certified Local Government Agreement with the Virginia Department of Historic Resources. The Virginia Beach Historic Preservation Commission recommends that these two City-owned parcels that comprise the deWitt Cottage property be established as a Historic and Cultural District and be given all of the considerations and protections that this zoning District provides. Based on the considerations above, Staff recommends approval of the proposed Zoning Ordinance amendment. City of Virginia Beach Agenda Item D1 Page 3 Site Photos \�=\ r 14 ill 1 / , . �N.11 Ilii;. :III J tiL 'zSPlll�ia AIIIJ IIIIIIIIr i - iiiiiiiimilini 0 1 1ior 'f l,J /‘ 1411.117""""ft"41411htllr' ..7 V-if if 1I @ � ,1 "j liAP ,I !i _ (ilhl 1!III I!I ••r - ■ ■ IIr` Ali I1 _ iIitIIII1 ifiN � li it i City of Virginia Beach Agenda Item D1 Page 4 Site Photos ..--- ,;,-c,,--;--:---4,--r-... =------;_-_-:-_-_- ---- ,NM - - , - .._•*s e ,,, oe- • ' t:.f. oe ti ' - 1.. C 1111 iii it. 1 l.. • - .....—. -- -- -VII In ■ • kik . 1 F,• • U11 3 - - ...........p., . ---...• •f4i. i sew et••- -10,14•1u- - •,.--:-." -4 -•' ''' -----.---'•-•—••• --'ir--- --”nisteisawar,virownimorm.....•••••••.'' "'"'""'"* ........... ..„, I, - ... ... . • ' . .--'. 1...,• , 7 . _ . --'‘rf•-',... - as': ,-'..,..A.o.z. •- " ', r..- -, Jr-A'0-,vA.....-/.."-r*.t.:;4.5-.,-..`rit.• -- --... =.1.,--"-•NI? ' 4,-- -`-j`;`-e--''''' '--.`"-- -'-'4.'-g ".,- '-',-C'J-1.1t, t-,.,;• -,!==-- . -,;- .1/4--t.7A. •-,..- - • •, , , -46,,,.. . A . , ..t. '.., --../ 4iriiilimitit Ar Ir ) - rill'4111 -a...1 ..... ...... ,, .. - • _ • . _ .. . i'.., — . • . .. .• City of Virginia Beach Agenda Item D1 Page 5 Item#D1 An Ordinance to Establish a Historic and Cultural District in Accordance with Article 13 of the City Zoning Ordinance to Include the deWitt Cottage and to Amend the Official Zoning Map of the City of Virginia Beach April 12,2017 CONSENT An Ordinance to Establish a Historic and Cultural District in Accordance with Article 13 of the City Zoning Ordinance to Include the deWitt Cottage and to Amend the Official Zoning Map of the City of Virginia Beach. A motion was made by Commissioner Oliver and seconded by Commissioner Horsley to approve item Dl. 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 Dl. Mark Reed appeared before the Commission. L. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL RESORT ADVISORY COMMISSION TIDEWATER COMMUNITY COLLEGE TOWING ADVISORY BOARD VIRGINIA BEACH CLEAN COMMUNITY COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT HEAR YE,HEAR YE JUL FOURTH Jl\O THOUSAND SEVENI EEN IS A ('I l" 1101.11):AI BY ORDINANCE,JULY FORMAL SESSIONS OF VIRGINIA BEACH CITY COUNCIL ARE SCHEDULED FOR THE FIRST and SECOND TUESDAYS IN JULY 2017 VIRGINIA BEACH CITY COUNCIL FORMAL SESSIONS WILL BE HELD ON THE SECOND AND THIRD TUESDAYS (JULY II AND JULY 18i *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers *********************************** ...................... If you arc physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at(757)385-4303 ************:.«*******s • CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:05/162019 PAGE: I D A AGENDA V 5 ITEM W SUBJECT MOTION VOTE A F H F W B N E J S Il I B P D N O K M S HLW O 0 Y L N A 0 0 R SO 1 R EEENSM 1 0 0 T T R Y S E S SNND 1 CITY MANAGER'S BRIEFINGS ADDED US NAVY FUEL SPILL Erin Sutton,-Emergency Management SEVERE REPETITIVE LOSS and Erin Sutton,-Emergency FLOOD MITIGATION ASSISTANCE Management GRANT COLLEGE BEACH WEEKEND, lames Cavern,Chief- "AFTER-ACTION REPORT' Police BIO-MEDICAL INITIATIVE PLAN Warren Harris,Director and POLICY -Economic Development IVIIVN/ CERTIFICATION OF CLOSED CIRIIFIED 9-0 Y A Y Y Y Y Y Y Y A Y V/VI/A- SESSION F FIG MINUTES: SPECIAL FORMAL SESSION APPROVED 9-0 Y A Y Y Y Y Y Y Y A V April 27,2017 INFORMAIJFORMAL SESSIONS APPROVED 9-0 VA Y Y V V V V Y A Y May 2,2017 SPECIAL FORMAL SESSION APPROVED 9-0 Y A Y Y YY Y YY A Y May 9,2017 PUBLIC HEARINGS I. a. FRANCHISE CITY PROPERTY No Speakers Cafe 1401 Atlantic Avenue VI Ordinance to AMEND City Code§ 2- ADOPTED,BY 8-1 Y A Y Y Y YNY Y A Y 451/16-07/16-54/16-59 re Workforce CONSENT (lousing Advisory Board 2 Ordinance to GRANT a Franchise ADOPTED,BY 9-0 V AVY Y Y Y V Y A Y Agreement for an Open Air Cafe to CONSENT Guru Parab,LLC Fa Oceans 14 Café 3 Resolution to EXTEND the Ciiy's Cable ADOPTED,BY 9-0 Y AY V V Y Y YY A Y Franchise with Cox Communications CONSENT 4 Resolution to AUTHORIZE City ADOPTED,BY 8-1 V AV V Y V N Y Y A Y Manager to FIND efficiencies and CONSENT streamline project delivery to alleviate Stormwater/chronie flooding impacts upon residents • CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:05/16/2019 PAGE: 2 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H E W B N E J S U B P DNORMSH LW O 0 Y LNAOOR S 0 TR E E E N S M 1 00 I T R Y S E S j S NND 5 Resolution to AUTHORIZE o formal ADOPTED,BY 9-0 V A V Y YVVY V A V "Sister City" relationship between CONSENT Virginia Beach and Waiblingen, Germany/forward this Resolution to SCI for a charter. 6a. Ordinance to ADOPTED,BY 9-0 V AY Y Y Y Y V V A V ACCEPT/APPROPRIATE: $12,852 CONSENT State Training Grant to Emergency Medical Services re future Advanced EMT programs for members of the Volunteer Rescue Squad 6b. Ordinance to ADOPTED,BY 9.0 V A Y Y Y V Y V Y A V ACCEPT/APPROPRIATE: $91,907 CONSENT from the Estate of Irene Brandon Roper re purchase of Infrared Night Vision Masks for the Fire Department 6c Ordinance to ADOPTED,BY 9-0 V A Y V Y V V V Y A Y ACCEPT/APPROPRIATE: $18,055 CONSENT to support Resent Squad Operations/ Training to enhance the new EMS Headquarters AND $11,655 of Special Events Revenues to Volunteer Squads re stand-by duty 1/1 MARV ANNEDECKER/KARIE APPROVED/ 8-0 V AY Y Y V V A Y A V STAKEM for an Enlargement of a CONDITIONED B Nonconforming lisp at 409 27th Street BV CONSENT S DISTRICT 6-BEACH T A F F D RALPH J./DEBBIE M.NAHRA 2 Modification of Conditions re vehicle APPROVED/ 8-0 V A Y V V AY YY A V sales/rentals/auto repair at 101] CONDITIONED B Aragon Boulevard BY CONSENT S DISTRICT 4-BAVSIDE T A N E D • CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DA1E:05/162010 PAGE: 3 D A AGENDA V ITEM# SUBJECT MOTION VOTE A L H E W B N E I S U I B P DNOICMS H LW O 0 Y LNAOOR S 0 T R E EENSM I 00 T TR V S ES SNND 3 ROBERT SEIM,LLC Conditional APPROVED AS 8-0 V A V YY YY V V A A COZ from B-2 Community Business PROFFERED/ B and R-5D to Conditional 13-2 at 216 N. BY CONSENT S Budding Avenue/42I7 Virginia Beach T Boulevard A DISTRICTS-LYNNHAVEN N E D 4 R&R TATTOO,LLC/1429 APPROVED/ 9-0 Y A Y V V V Y V Y A V GENERAL BOOTH,LLC CUP re CONDITIONED tattoo parlor at 1479 General Booth BY CONSENT Boulevard DISTRICT 6-BEACH 5 REED ENTERPRISES,INC. CUP APPROVED/ 9-0 Y A Y Y Y Y Y Y Y A Y re auto repair at 3249 Dam Neck CONDITIONED Road BY CONSENT DISTRICT 7-PRINCESS ANNE 6 USF S&H VIRGINIA,LLC/DAM APPROVED/ 9-0 Y A Y Y Y Y Y Y Y A Y NECK CROSSING,LLC CUP re CONDITIONED indoor recreation at 1650 General BY CONSENT Booth Boulevard DISTRICT 7-PRINCESS ANNE 7 VALVOLINE INSTANT OIL APPROVED/ 9-0 V AY V V V YET A Y CHANGE TTMK FAMILY TRUST, CONDITIONED FREDERICK T.STANT,III, BY CONSENT TRUSTEE CUP re auto repair at 2888/2890 Virginia Beach Boulevard DISTRICT 6-BEACH 8 SMARTMOUTH BREWING CO., APPROVED/ 8-0 VA V Y TY TAT A V LLC and RUNNYMEDE CORP CONDI HONED B CUP re open air market at 313 32vd BY CONSENT S Street T DISTRICT 6-BEACH A E D CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:05/162017 PAGE 4 D A AGENDA V ITEM p SUBJECT MOTION VOTE A F H F W B N E I S U I B P DNOK MS H LW O 0 Y I. NAOOR S 0 TR EEENSM I 00 T T R YS ES SNND K BEACHES and WATERWAYS RESCHEDULED B Y CONS ENS U S ADVISORY COMMISSION GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL RESORT ADVISORY COMMISSION TIDEWATER COMMUNITY COLLEGE TOWING ADVISORY BOARD VIRGINIA BEACH CLEAN COMMUNITY COMMISSION 2040 VISION-TO-ACTION Reappointed: 9-0 V A Y V Y Y V V Y A Y COMMUNITY COALITION Jason Barney Joseph Vorhes 4 yr term 07/01/17-640/21 Appointed: RADM Carlton"Bud" Jewett,Retired USN Joashua Schulman, Attorney 4 yr tem 5/16/17-6/30/21 ARTS and HUMANITIES Reappointed: 9-0 Y A Y V Y V Y Y Y A V COMMISSION Elliot Jones Brenda Roberts 4 yr term 07/01/17-06/30/71 BIKEWAYS and TRAIL ADVISORY Appointed: 9-0 Y A V Y Y Y V Y V A Y COMMITTEE Barbara S.Bishop unexpired then 6/30/IS CHESAPEAKE BAY ALCOHOL Reappointed: 9-0 Y A Y Y Y Y Y Y Y A Y SAFETY ACTION PROGRAM James A.Coven 3 yr term 07,11/17-06130/20 HAMPTON ROADS PLANNING Reappointed: 9-0 Y A V YY Y V V V A Y DISTRICT COMMISSION Robert M.Dyer David Hansen Barbara Henley 7/1/17-6/30/19 2 yr term CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DAT&05/16/2017 PAGE: 5 A AGENDA V ITEM M SUBJECT MOTION VOTE A E H E W B N E J S lI I B P DNOICMSHLW O 0 V L N A 0 0 R S 0 T R FEENSM I 0 0 T T R V S ES S NND • PROCESS IMPROVEMENT Appointed: 9-0 V A V V V V V V V A Y STEERING COMMITTEE Lawrence G.DoToIo, Ph.D. No teem SOCIAL SERVICES Reappointed: 9-0 V A V V Y V V V V A V Susan Campbell Joyce Williams-Bland 4 yr term 07/01/17-06/30/21 VM/N ADJOURNMENT 6:13 PM