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HomeMy WebLinkAboutAUGUST 15, 2017 AGENDA • CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL `N � YB MAYOR WILLIAM D.SESSOMS,JR..At-Large qv'p w1° VICE MAYOR LOUIS k JONES Bayside District 4 arc 9 JESSICA P ABBOTT K m4+v B D i 3 M BENJAMIN DAVENPORT AIL g /� I-S ROBERT M.DYER Cenlerville-Ditlrict l BARBARA M HENLEY.Princess Anne District SHANNON DS KANERose Hall Dgtrict 3 JOHN D.MOSS At Large JOHN E.UHRIN.Beach District 6 °p" ROSEMARY WILSON.Al-Large JAMES L. WOOD,Lynnhavea-Duniel 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER DAVID L.HANSEN VIRGINIA BEACH. VIRGINIA 23456-9005 CITY ATTORNEY MARK D.STILES CITY COUNCIL AGENDA PHONE:17511385-4303 CITY ASSESSOR JERALD D.BANAGAN FAX U573385-5669 CITY AUDITOR LYNDON S.REM/AS An August 15,2017 E- Ctycncllvbgovrom CITY CLERK RUTHHODGFS FRASER.MMC g MAYOR WILLIAM D. SESSOMS,JR. PRESIDING 1. CITY COUNCIL'S BRIEFING -Conference Room- 3:30 PM 1. TRANSIT PLANNING Brian Solis, Transportation and Transit Planning Manager—Planning and Community Development Ray Amoruso, Transit Chief Planning and Development Office—Hampton Roads Transit II. CITY MANAGER'S BRIEFINGS 1. SUSTAINABLE WATER INITIATIVE FOR TOMORROW (SWIFT) PROGRAM Melanie Coffey, Permit Administrator—Public Works 2. DEVELOPMENT SERVICES CENTER and SITE PLAN REVIEW PROGRESS Nancy McIntyre, Development Services Administrator—Planning and Community Development 3. REGIONAL BROADBAND STRATEGY David L. Hansen, City Manager III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room- 5:00 PM A. CALL TO ORDER— Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Jeff Elliott, D.Min Pastor,New Covenant Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS August 1, 2017 G. FORMAL SESSION AGENDA CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA) Excellence in Financial Planning Patricia Phillips, Director—Finance 2. UNITED WAY of HAMPTON ROADS Kurt Hofelich, United Way Board Vice-Chair and President of Sentara Norfolk General I. BID OPENING 1. WIRELESS FRANCHISES FOR USE OF CITY RIGHTS-OF-WAY Construct, Install and Maintain the Wireless Communications and Infrastructure J. PUBLIC HEARINGS 1. NON-EXCLUSIVE FRANCHISE USE Construct, Install and Maintain the Wireless Communications and Infrastructure a. Mobilitie, LLC b. New Cingular Wireless PCS, LLC 2. DECLARATION and CONVEYANCE OF EXCESS CITY PROPERTY Upton Drive near Nimmo Parkway to the Hospice House of South Hampton Roads, Inc. K. ORDINANCES AND RESOLUTION 1. Ordinance to AMEND the Real Estate Tax Levy for FY 2018 to REDUCE the Special Service District (SSD) taxes for Bayville Creek 2. Ordinance re the Development Agreement for the CityView Two project and AUTHORIZE execution of project documents(Deferred July 18, 2017) 3. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE the Hampton Roads Water Quality Credit Agreement for Chesapeake Bay Restoration with Hampton Roads Sanitation District(HRSD) 4. Ordinance to DECLARE EXCESS City property at Upton Drive near Nimmo Parkway and CONVEY same to the Hospice House of South Hampton Roads, Inc. 5. Ordinances to GRANT a Nonexclusive Franchise to install, maintain and operate Wireless facilities and communication infrastructure to: a. Mobilitie, LLC b. Wireless PCS, LLC 6. Ordinance to AUTHORIZE a temporary encroachment into a portion of the City's waterway known as Bass Inlet—West at 2837 Bluebill Drive DISTRICT 7—PRINCESS ANNE 7. Ordinances to TRANSFER/APPROPRIATE: a. S250,000 from Tourism Investment Program (TIP) to the Department of Convention and Visitor Bureau's Operation Budget re a modified Holiday Lights program b. $ 50,000 for the Community Services Board's Complex Care Program L. PLANNING I. REAL INVESTMENT ASSOCIATES, INC., et al Variance to Section 4.4 (b) of the Subdivision Ordinance re lot width at 1337 Reedtown Road DISTRICT 4-BAYSIDE RECOMMENDATION: APPROVAL 2. JAMES GRUSZECZKA and MONA AVE & ASSOCIATES I, LLC enlargement of a Nonconforming Use(Duplex) at 406 27th Street DISTRICT 6-BEACH RECOMMENDATION: APPROVAL 3. THE ENCLAVE AT PA BC, LLC a. THE ENCLAVE AT PRINCESS ANNE HOMEOWNERS' ASSOCIATION, INC. Modification of Proffers to account for the addition of Phase 2 at the North side of North Landing Road, West of West Neck Road (Approved November 22,2011) b. ANTHONY B. HUFFMAN, JR. Conditional Change of Zoning from AG-1 and AG-2 Agricultural to PD-H2 Planned Unit Development (R-7.5 Residential)to establish Phase 2 at 2754, 2804 and 2808 North Landing Road DISTRICT 7-PRINCESS ANNE RECOMMENDATION: APPROVAL 4. MOGUL PROPERTIES, LLC Conditional Change of Zoning from Conditional B-2 Community Business to Conditional B-IA Limited Community Business District at 317 South Witchduck Road DISTRICT 2- KEMPSVILLE RECOMMENDATION: APPROVAL 5. BICKFORD OF VIRGINIA BEACH, LLC, LARRY B. SLIPOW, PRINCESS ANNE ROAD INVESTMENTS, LLC, and COURTHOUSE MARKETPLACE STATION, LLC Conditional Change of Zoning from AG-2, 0-2 and Conditional B-2 to Conditional 0-2 Conditional Use Permit re Housing for Seniors and Disabled Persons at 2625 and 2629 Princess Anne Road and 2476 Nimmo Parkway DISTRICT 7- PRINCESS ANNE RECOMMENDATION: APPROVAL 6. HOSPICE HOUSE OF SOUTH HAMPTON ROADS, INC. Conditional Use Permit re a Hospice House (Sanitarium) at the East side of Upton Drive, North of Nimmo Parkway DISTRICT 7- PRINCESS ANNE RECOMMENDATION: APPROVAL 7. MERMAID WINERY AT THE BEACH, LLC and FOON & BIK WONG Conditional Use Permit re a Craft Winery and Assembly Use at 4401 Shore Drive DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 8. MILAGROS MONTESA and BEACH HOLDINGS, LLC Conditional Use Permit re an Auto Repair at 5768 Arrowhead Drive, Unit C DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL J. APPOINTMENTS AGRICULTURE ADVISORY COMMITTEE BEACHES and WATERWAYS ADVISORY COMMISSION COMMUNITY ORGANIZATION GRANT (COG) DEVELOPMENT AUTHORITY HUMAN RIGHTS COMMISSION PARKS and RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION TRANSPORTATION DISTRICT COMMISSION OF ROADS HOUSING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT ...................... IT you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ..............r....+ CITY COUNCIL ONE-DAY RETREAT Economic Development Conference Room Suite 700 4525 Main Street, Town Center September 12, 2017 8:30 AM to 3:30 PM Virginia Beach City Council Speaker Time Limits ORDINANCES/RESOLUTIONS: Each registered speaker sill have three (3) minutes to support the document or express concerns PLANNING ITEMS: Applicants, or their Representatives, sill have ten (10) minutes to define the need or explain the intent plus three (3) minutes for rebuttal Speakers sill have three (3) minutes to speak once in favor or opposed. 8/15/17 jag 1. CITY COUNCIL'S BRIEFING - Conference Room- 3:30 PM 1. TRANSIT PLANNING Brian Solis, Transportation and Transit Planning Manager—Planning and Community Development Ray Amoruso, Transit Chief Planning and Development Office—Hampton Roads Transit II. CITY MANAGER'S BRIEFINGS 1. SUSTAINABLE WATER INITIATIVE FOR TOMORROW (SWIFT) PROGRAM Melanie Coffey, Permit Administrator—Public Works 2. DEVELOPMENT SERVICES CENTER and SITE PLAN REVIEW PROGRESS Nancy McIntyre, Development Services Administrator—Planning and Community Development 3. REGIONAL BROADBAND STRATEGY David L. Hansen, City Manager III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION -Conference Room- 5:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Jeff Elliott, D.Min Pastor,New Covenant Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS August 1, 2017 G. FORMAL SESSION AGENDA CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA) Excellence in Financial Planning Patricia Phillips, Director—Finance 2. UNITED WAY of HAMPTON ROADS Kurt Hofelich, United Way Board Vice-Chair and President of Sentara Norfolk General I. BID OPENING 1. WIRELESS FRANCHISES FOR USE OF CITY RIGHTS-OF-WAY Construct, Install and Maintain the Wireless Communications and Infrastructure Aw . ; I REQUEST FOR PROPOSALS FRANCHISE FOR USE OF CRY RIGHTS-OF-WAY The idly of Virginia Beach has received e proposal for a nonexclusive bng-term franchise(maximum 00 years) to use and occupy the City's streets and public rightsocway for the purpose of constructing,instakmg and maintaining fecimi and infrastruu .communications C Dy Of full text of the proposed ordinances on file in the Mime of Cny Clerk. Additional bids will be received by the City until the date below. An bids must be in writing. The right to reject any and all bids is hereby expressly reserved. Further information,including a copy of the proposed franchise, may be obtained by calling the Department of Information Technology at 385-8922. Bids shall be read by the Mayor N the Cm of Virginia Beach at the regular meeting of the City Council, which will be held in the Council Chambers.City Hall Building (Building 1) Muniupal Center, Virginia Beach, Virginia o Niguel 15, 2017 at 8C0 p.m.. and after reading of the bidsthe Council will either proceed with the consideration of the ordinance awarding the aforesaid franchise or will efer the matter to a subsequent meeting. BIDS MUST BE RECEIVED NO LATER THAN MONDAY.AUGUST 14,2017,AT 5:00PM. If you are physically disabled or visually Impaired and need assistance at this meeting please call the CITY CLERK'S OFRCE at 7573054313; Hearing Impaired. call 711 Nirginia Relay - Telephone Device for the Dean/- All interested parties are invit I attend. Ruth Hodges C City Clerk Beacon: Sunday.buy 30 and Sunday. August 6.2017 J. PUBLIC HEARINGS 1. NON-EXCLUSIVE FRANCHISE USE Construct, Install and Maintain the Wireless Communications and Infrastructure a. Mobilitie, LLC b. New Cingular Wireless PCS, LLC 2. DECLARATION and CONVEYANCE OF EXCESS CITY PROPERTY Upton Drive near Nimmo Parkway to the Hospice House of South Hampton Roads, Inc. .3: PUBLIC HEARING The Virginia Beach City Council will hold a PII&1C HEARING T eSd j,Nest 15, 2017, at 6,00 p.m, In the Council Chamber of the City Hall Building(Bldg #1) at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public comment concerning the request of the following companies to be granted a e franchise to use and occupy the exclusive streets and public rights-of- way for the purpose of constructing installing andm aintaining wireless communications faculties and infrastructure. At the conclusion of the public hearing the City Council will vote to approve or deny the proposed nonexclusive franchises: MOtvli✓ I a Nevada limited liability corporation, having its phnctpal office et 500 Newport Center Drive.Suite 20O, Newport Beach.CA 92860 New Cinoular Wifeless KS I I r,a Delaware limited liability corporation, having Its principal Office at 575 Morosgo Drive. Atlenta,GA30324 further information including a copy of the proposed franchise, may be obtained by calling the Department of Information Technology at 385-8922. If you are phAlcally dlttabpy or vkiwly Impaired and need assistance at this meeting, please call the an CLERK'S OFFICE at 757.9850.9113: Hearing Impaired, call 711 (Virginia Relay Telephone Device fo,the Dean. All interested parties ale i vl attend. Ruth Hod serMMC City Clerk Beacon: Sunday August 6,2017 PUBDC HEARING DECIAMTION AND CONVEYANCE OF EXCESS OF CITY PBOPEBlY The Virginia beach City Council will hold a PUBLIC HEWING Tuesday,NigiS 15, 2017, at &CO p.m., in the Council Chamber of the City Hall Building Bldg Nl) at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public input to determine whether this property should be declared in exesss of the Citys needs and conveyed to Hospice House of South Hampton Roads,Inc. R 3 25.p acre portion of he City- Owned Property located on Upton Drive near the intersection of Nimmo Parkway(a Malan of GRIN: 2414461943) Any Questions concerning this matter should be directed to the Public Works Real Estate Office. Municipal Center Building #2, Room 392. (757) 385- 4161. 354161. If you are pfnl®lN disabled or v6u.lty Impaired and need assistance at this meeting please call the CITY CLERKS OFFICE at 757.3854303; Heating Impaired, call 711 (Virginia Rel Telephone Device for Deaf). All interested palms are I ted to attend. Ruth Htaser.MMC City Clerk Beacon: SundayAngus)6.2017 K. ORDINANCES AND RESOLUTION 1. Ordinance to AMEND the Real Estate Tax Levy for FY 2018 to REDUCE the Special Service District(SSD)taxes for Bayville Creek 2. Ordinance re the Development Agreement for the CityView Two project and AUTHORIZE execution of project documents(Deferred July 18, 2017) 3. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE the Hampton Roads Water Quality Credit Agreement for Chesapeake Bay Restoration with Hampton Roads Sanitation District(HRSD) 4. Ordinance to DECLARE EXCESS City property at Upton Drive near Nimmo Parkway and CONVEY same to the Hospice House of South Hampton Roads, Inc. 5. Ordinances to GRANT a Nonexclusive Franchise to install, maintain and operate Wireless facilities and communication infrastructure to: a. Mobilitie,LLC b. Wireless PCS, LLC 6. Ordinance to AUTHORIZE a temporary encroachment into a portion of the City's waterway known as Bass Inlet—West at 2837 Bluebill Drive DISTRICT 7 —PRINCESS ANNE 7. Ordinances to TRANSFER/APPROPRIATE: a. $250,000 from Tourism Investment Program (TIP) to the Department of Convention and Visitor Bureau's Operation Budget re a modified Holiday Lights program b. $ 50,000 for the Community Services Board's Complex Care Program [ 40-4.. , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the Tax Levy on Real Estate for Fiscal Year 2018 to Reduce the Special Service District Levy for Bayville Creek MEETING DATE: August 15, 2017 • Background: The Bayville Creek Special Service District (SSD) was adopted on March 27, 2012. The first cycle of dredging for the Bayville Creek SSD Dredging Project was completed in March 2016. The Neighborhood Dredging SSD Program includes a review of the SSD tax rate at a minimum of every four (4) years after adoption of each district. City staff reviewed the actual costs associated with the first cycle of dredging and the current real estate assessed values of the properties in the Bayville Creek SSD, and based on this review, the FY 2018 Budget included a proposed rate change from 36.3 cents to 56.9 cents per $100 of assessed property value. The rate increase was adopted in May as part of the annual Real Estate Levy Ordinance. At the request of the SSD members the project cost allocations and program structure was re-evaluated and the membership of the district was offered alternatives that would mitigate the adopted rate increase. As part of the cost allocation, the City Staff provided rate assumptions removing the repayment of costs associated with a temporary transfer station, which would reduce the total expenditures for the SSD by $182,000. The transfer station was initially funded as part of the $324,984 paid from a dedicated reserve for dredging in the FY12 Operating Budget's General Fund. By not requiring the amortization of the transfer station over the 16-year life of the SSD, the City Staff provided two alternatives: (i) a rate of 47.2 cents while allowing the three dredge cycle over the 16-year SSD life; or (ii) a rate of 32.2 cents while reducing the number of dredge cycles to two. • Considerations: A meeting was held with the members of the Bayville Creek SSD to discuss the increased costs for the first cycle of dredging and the proposed adjustment to the SSD tax rate. Nine of the eleven members of the SSD express support for the proposed change. The rate will be re-evaluated in years eight (8) and twelve (12) after SSD adoption to determine if additional adjustments are necessary. • Public Information: This item will be advertised as part of the normal City Council agenda process. The discussion of cost alternatives with the SSD members was briefly included in the presentation to the Council on June 20, 2017. • Alternatives: The SSD rate could remain unchanged. • Recommendations: Approval of the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Departure • eency: Public Works nuCity Manager: � '"NG 1 AN ORDINANCE TO AMEND THE TAX LEVY ON REAL 2 ESTATE FOR FISCAL YEAR 2018 TO REDUCE THE 3 SPECIAL SERVICE DISTRICT LEVY FOR BAYVILLE 4 CREEK 5 6 WHEREAS, the Ordinance levying real estate taxes for FY2018 set the special 7 service district levy for the Bayville Creek SSD (the "SSD") at 56.9 cents per $100 of 8 assessed value; and 9 10 WHEREAS, the City Staff and the members of the SSD discussed various 11 options and cost projections for future dredging in the district; and 12 13 WHEREAS, to reduce the future commitments of the SSD, the City Council could 14 forebear repayment of funds advanced by a reserve in the General Fund in FY12, which 15 would result in a decrease of$182,000 in future commitments of the SSD; and 16 17 WHEREAS, the option supported by SSD members will require the rate to be 18 lowered while maintaining three dredge cycles. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA, THAT: 22 23 1. Section 7.b. of the Ordinance Establishing the Tax Levy on Real Estate for Fiscal 24 Year 2018 is hereby amended to set the levy in Bayville Creek Special Service 25 District at forty seven and two-tenths cents ($0.472) on each one hundred dollars 26 ($100) of assessed value. 27 28 2. The City Council agrees to forebear repayment of the expenses related to the 29 temporary transfer station from the SSD. 30 31 3. The appropriation for the Bayville Creek Special Service District, and SSD levy 32 revenue supporting such appropriation, is hereby reduced by $14,851. 33 34 4. The effective date of this ordinance is July 1, 2017. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: AP' " •r . +S TO LEGAL SUFFICIENCY: µ _� ,nom• Addle K in Chatelli-r D 'eye ' Budget and Management Services A ttorney's Office CA14112 R-2 August 4, 2017 68 Item-VI-H.2 ORDINANCES ITEM 067242 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED TO AUGUST 15, 2017, BY CONSENT, Ordinance to AUTHORIZE a Development Agreement for CityView Two, LLC re a three-phase mixed use development in Town Center and DIRECT the City Manager to execute supporting documents Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss,John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Abstaining: Mayor William D. Sessoms, Jr. Council Members Absent None Jule 18. 2017 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving the Development Agreement for the CityView Two Project and Authorizing Execution of Project Documents MEETING DATE: August 15, 2017 (This item was deferred from the July 18, 2017 Agenda) • Background: Representatives of CityView Two, L.L.C. ("Developer") have approached the City of Virginia Beach (the "City") and the City of Virginia Beach Development Authority (the "Authority") with a plan to develop and construct a mixed- use development in the Town Center area of the City (the "Project"). The proposed Project would be constructed in three phases and include the following: • Phase I: 13,000 square feet of office or retail space, 221 apartments and a two-level parking deck with 488 parking spaces. • Phase II: 24,000 square feet of commercial space. • Phase III: a 110-120 room limited service hotel and 4,000-5,000 square feet of office, retail or restaurant space. The Project would be constructed on approximately 10 acres of property owned by the Developer (GPINs: 1477-62-9678 and 1477-72-2921), located at the northern-side of the intersection of Bonney Road and Constitution Drive (the "Property"). The Project is a continuation of a larger development first approved in 2005 by a rezoning to the B-4C mixed-use district. In 2009 the Midtown at Town Center apartments opened, and in 2010 the Developer partnered with the City for the extension of Constitution Drive connecting to Bonney Road. Affiliates of the Developer have also agreed to sell to the City easements across those portions of the Property and related properties controlled by Developer necessary for the continuation of the Thalia Creek Greenway. • Considerations: The proposed agreement between the Authority and Developer (the "Development Agreement") includes annual incentive payments from the Authority to the Developer. The proposed incentives are the Incremental Real Estate Taxes (defined below) generated and paid from the Project, for up to 25 years. The total amount of the incentives is capped at $10,200,000. The Developer plans to use the incentive payments to offset a portion of the cost of structured parking in the Project. The Project is consistent with the 2016 Comprehensive Plan and implements the vision of the Pembroke Strategic Growth Area — Central Business District Bonney Area to be developed as a mixed-use office, commercial, residential, and hospitality area to complement the adjacent Central Business District— Core Area. The Incremental Real Estate Taxes are the real estate taxes generated by the increased assessed value at the Property over the amount of real estate taxes currently generated by the Property. This approach is similar in concept to the TIF model used in the first five phases of the core area of Town Center. The real estate taxes generated by the improvements are used to fund the public obligations. Unlike the core area of Town Center, the Authority will not own the parking facility at the Project; however, the Developer will not charge for parking while the incentives are paid, and although the Developer will retain the right to reserve spaces for Project-specific uses (residents, hotel guests or commercial tenants), at least 150 parking spaces will be available to the general public at all times. Failure to make the parking available to the public would also result in the termination of further incentive payments. City Council would appropriate sufficient funds to the Authority for this purpose. All obligations of the Authority will be subject to this appropriation. As with the phases of Town Center, the Authority and City would enter into a support agreement to reflect this arrangement. City Council and the Authority approved a term sheet for this transaction at their June 21, 2016 meetings. The terms of the Development Agreement are generally consistent with the previously approved term sheet, with any changes identified on the attached summary of terms. The Authority approved a resolution for this transaction at its July 18, 2017 meeting. The Authority's approval is expressly contingent on City Council's approval of this Ordinance. • Information: A public hearing was held on August 1, 2017. Public information for this item will be handled through the normal Council agenda process. • Alternatives: Approve the Ordinance as presented, modify the terms as desired by City Council, or deny approval of the Ordinance. • Recommendation: Approval. • Attachments: Ordinance, Summary of Terms, Disclosure Statement Form, Location Map Recommended Action: Approval Submitting D:-•a • . ency: City Manager City Manager: ,� 1 ORDINANCE APPROVING THE DEVELOPMENT 2 AGREEMENT FOR THE CITYVIEW TWO 3 PROJECT AND AUTHORIZING EXECUTION OF 4 PROJECT DOCUMENTS 5 6 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 7 Virginia Beach Development Authority (the "Authority"), the City Manager and City staff 8 have engaged in negotiations with representatives of CityView Two, L.L.C. (the 9 "Developer"), and its affiliates, regarding the development and construction of a mixed- 10 use project in the Town Center area of the City(the "Project"); 11 12 WHEREAS, the proposed Project would be constructed in three phases and 13 would include apartments, a limited service hotel, commercial space and structured 14 parking; 15 16 WHEREAS, the Project would be a further expansion of the City's ongoing Town 17 Center project; 18 19 WHEREAS, on June 21, 2016 City Council and the Authority approved a non- 20 binding Term Sheet dated June 14, 2016 (the "Term Sheet"), which outlined a 21 comprehensive development plan for the Project and directed the development of a 22 Development Agreement and supporting documents; 23 24 WHEREAS, the terms of the Development Agreement are attached hereto as 25 Exhibit A (the "Summary of Terms") and made a part hereof; 26 27 WHEREAS, changes in the terms from the Term Sheet are identified in the 28 Summary of Terms; 29 30 WHEREAS, the obligations of the Authority would include incentive payments to 31 the Developer, with such obligations being subject to appropriation by City Council of 32 funds to the Authority; 33 34 WHEREAS, the City and Authority would enter into a support agreement (the 35 "Support Agreement") to reflect their mutual understandings with respect to the 36 appropriation of funds for the incentive payments; 37 38 WHEREAS, the City Council believes that the Project will stimulate the City's 39 economy, increase public revenues, enhance public amenities and further the City's 40 development objectives at Town Center; and 41 42 WHEREAS, the City Council desires that the Authority approve and execute the 43 Development Agreement and Support Agreement. 44 45 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 46 VIRGINIA BEACH, VIRGINIA: 47 1. The City Council approves the Development Agreement, a summary of 48 which is attached hereto as Exhibit A and incorporated herein. 49 50 2. The City Council requests and recommends that the Authority adopt a 51 resolution consistent with this Ordinance approving the Development Agreement and 52 authorizing its execution. 53 54 3. The City Manager is authorized to execute the Development Agreement 55 and all other documents, including the Support Agreement, necessary to effectuate the 56 transaction contemplated by this Ordinance, so long as such documents are in 57 substantial conformity with the Summary of Terms, attached hereto as Exhibit A, and 58 made a part hereof, and such other terms, conditions or modifications as may be 59 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 60 61 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 62 of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager City Attorney CA14012 `bor mmfFSt AJ !ianans Cct LawProd cymmlz,w,do61]W7 P027U11836996 Mc 8/3/17 R-1 EXHIBIT A SUMMARY OF TERMS CITYVIEW TWO, L.L.C. Scope of Proposed Project • Phase I: One Structure/ $45.55MM Developer Investment • Mixed-use six-level building with: - 13,000 square feet of office or retail on ground floor. - 221 apartment units on levels 3-6. - 2-level podium parking with 488 spaces. • Phase II: One Structure/ $5.0MM Developer Investment • Multi-level commercial building with 24,000 square feet of office space. • 35 +/- surface parking spaces. • Phase III: One Structure/$10.OMM Developer Investment • Multi-level mixed-use building consisting of a limited service hotel with 110-120 rooms and 4,000-5,000 sq. ft. of office,retail or restaurant space. • 21 +/-surface parking spaces. 2. Developer Obligations • Develop and construct entire Project. • Total estimated private investment: $60.5MM. • Maintain and operate structured parking. • Structured parking: a portion to remain free and open to public, subject to reasonable rules and regulations established by Developer. • Construction of Project to comply with City Council's Small Business Enhancement Program. 3. Authority Obligations • Pay the Developer incentive payments (the incremental real estate taxes paid at the Project), to offset the additional costs associated with the structured parking, for up to 25 years or until the total amount paid equals$10.2 MM, whichever first occurs. • Payments commence after payment of real estate taxes on a completed element of Phase I. • Authority has the right to terminate payments if(i) entire Project is not completed within 72 months of commencement of construction of Phase I, or(ii)construction on the hotel is not commenced within 36 months of completion of Phase I. 4. Thalia Creek Greenway • Developer, or affiliate of Developer, will sell to the City an easement necessary for the construction of the Thalia Creek Greenway over the Project Area and portions of adjacent parcels to the west. • Purchase Price= $300,000. 5. Material Changes From Term Sheet • Phase I - Original Plan: Two structures, including a 7-level parking garage(481 spaces), Apartments(202 units), Office Space(13,500 sq. ft.), Developer investment: $44.4MM. Revised Plan: One structure, including 6 levels, parking spaces(488 spaces), Apartments(221 units),Office or Retail Space(13,000 sq. ft.), Developer investment: $45.55MM. • Phase II - Unchanged. • Phase III - Scope unchanged. Anticipated investment reduced by$2.5MM. • Developer's total anticipated investment reduced from $62MM to $60.55MM. E II. Jli E . . O I_ i2 w alZ 0 A o A0-1 ao I4 A j CO A \• / 1.., , II I ,� _.,y-- - / / / / tfil '------------- ' / / \ \ '� 4, j/ ' � ._ lit ) si ivi =\ e _ • \ � �•: I ', \ \ = 1 j • ' /; • ` / • • ,1 i ,--. ' \ - I •• ,-- �� - / „til `\\ \\ L. r r ._/.1 :- ' __-Gnp or+v nr- ' • • / O F54(-' W Q W C] Q ii . • , II U > ad '1 Virginia Beach APPLICANT'S NAME CityView Two, L.L.C. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • ' The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE Pagel of 7 0 4I Virginia Beach n Check here If the APPLICANT IS NOT a corporation, partnershlp,—firm, business, or other unincorporated organization. ZCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:CityView Two, L.L.C. If an LLC, list all member's names: See Attachment 1 If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See Attachment 2 See next page for Information pertaining to footnotes' and 2 • 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 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, AND THEN complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 - Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) I 'Parent-subsidiary relationship" means 'a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner In the other entity, or (iii) there is shared management or control between the business entitles. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two 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 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT awe Beach YES NO SERVICE PROVIDER (Jstadditlorii sheets if nettled) ZI I Accounting and/or preparer of Well,Einhom&Chemitzer, P.C. your tax return n ❑ Architect/ Landscape Architect/ Cox, Kliewer&Company, P.C. Land Planner ❑ Contract Purchaser(If other than ® the Aoolirant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ Z Construction Contractors 0 Engineers/Surveyors/Agents AES Consulting Engineers Financing (Include current TowneBank mortgage holders and lenders I- ❑ selected or being considered to provide financing for acquisition or construction of the property) ® n Legal Services Williams Mullen, P.C. Real Estate Brokers / Z 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? Ronald C. Ripley - Member of City of Virginia Beach Planning Commission and Workforce Housing Board Page 4 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee In connection with this Application. F. Andrew Heatwole 7/10/2017 APPLICANTS SIGNATURE PRINT NAME DATE Page 5 of 7 ATTACHMENT Al CItyView Two. L.L.C. Member Name&Address RONALD C.RIPLEY Ripley Heatwole Company,Inc. j 808 Newton Road Virginia Beach,VA 23462 F. SCOTT RIPLEY Ripley Heatwole Company,Inc. 808 Newtown Road Virginia Beach VA 23462 F.ANDREW HEATWOLF Ripley Heatwole Company,Inc 808 Newtown Road Virginia Beach,VA 23462 CITY BOXES,LLC Oale Levine,Manager Scott Higgs,Manager 1844 N.Alanton Drive Virginia Beach,VA 23454 Attachment 2 COMPANY Arbour Investors,L.L.C. RH Builders,Inc. Avondale,L.L.C. RH Two, L.L.C.(members of Lincoln Square GP BR ONE,L.L.C. RHCVB, L.L.C. Brook Ridge GP,L.L.C. RHS Urban,L.L.C. Brook Ridge II Developers,L.L.C. Ripley Heatwole Company,Inc. Brook Ridge II GP,L.L.C. SAR,L.L.C. li Brook Ridge II,L.P. Semple Associates,L.L.C. Brook Ridge, L.P. Stonehouse Station GP.L.L.C. Brookridge Developers, L.L.C. Stonehouse Station , L.P. CCC I,L.L.C. Summerdale OP,L.L.C. Cedar Property,L.L.C. Summerdale,L.P. CGB Developers L.L.C. TL ONE,L.L.0 CGB GP,L.L.C. TW ONE,L.L.C. CGB,L.P. Tallwood, L.P. 1 CGB II GP,L.L.C. Tallwood II G.P., LLC. CGB II, L.P. Tallwood II,L.P. Churchland Medical Developers Associates,L.L.C. Tallwood,G.P., L.L.C. CityView One,L.L.C. Tejo Associates, L.P. CityView Two, L.L.C. Tejo GP,L.L.C. Colonial Corporate Center Telcom Systems, L.L.C. Constitution Drive Developers,LLC Tidewater Cromwell Associates,L.P. Cromwell Investors Developer,LLC VB ONE GP,L.L.C. Cromwell Investors GP,LLC VB One L.P. Cromwell Investors, L.P. Victoria Place Developers,L.L.C. DR ONE,L.L.C. Victoria Place GP,L.L.C. DR Two,L.L.0 Victoria Place, L.P. Derby II, L.L.C. Virginia Financial Advisors,Inc. Derby Run Associates,L.P. VP ONE,L.L.C. Derby,Inc. Wesleyan Place GP, LW • HC ONE Developers,L.L.C. Wesleyan Place LP HC ONE GP, L.L.C. Westwinds Associates L.L.C. HC ONE, L.P. Westwinds Property, L.L.C. HH ONE,L.L.0 Holland House GP, L.L.C. Holland House,L.P. Kempes Village, L.L.C. Kempes Village Two, L.L.C. Lincoln Square Developers,L.L.C. Lincoln Square GP,L.L.C. Lincoln Square,L.P. MC Apartments,L.L.C. Mill Creek Apartments, L.P. Mill Creek GP, L.L.C. Realty Concept Acquisitions,L.L.C. er- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing and Directing the City Manager to Execute the Hampton Roads Water Quality Credit Agreement for Chesapeake Bay Restoration Between the City of Virginia Beach and Hampton Roads Sanitation District(HRSD) MEETING DATE: August 15, 2017 • Background: The Environmental Protection Agency(EPA) issued the Total Maximum Daily Load (TMDL)for the Chesapeake Bay watershed, which includes portions of six states, Delaware, Maryland, New York, Pennsylvania, Virginia and West Virginia, and the entire District of Columbia, and indicates that these states must all comply with improving and restoring the TMDL impairments associated with the Chesapeake Bay. As a result, the Virginia Department of Environmental Quality(DEQ) delegated the required pollution reductions of nitrogen, phosphorus, and sediment to localities within the state's Chesapeake Bay watershed, including Virginia Beach. Virginia has made compliance with the Chesapeake Bay TMDL program a requirement of each locality's Municipal Separate Storm Sewer System (MS4) Permit. The MS4 permit is issued for a five year period and full Chesapeake Bay TMDL pollution reductions must be achieved within three permit cycles with minimum pollution reduction percentages as noted: ➢ Permit Cycle 1 (July 1, 2016 to June 30, 2021): 5% Y Permit Cycle 2 (July 1, 2021 to June 30, 2026): 35% i Permit Cycle 3 (July 1, 2026 to June 30, 2031): 60% The state of Virginia has made compliance with the Chesapeake Bay TMDL a strict requirement of the Virginia Stormwater Management Program (VSMP)MS4 Permit. This program is a component of the federal Clean Water Act under which the City of Virginia Beach must have a MS4 permit to operate its stormwater system and discharge stormwater to waters of the United States. The requirements of the MS4 permit are numerous and extensive and were the subject of a brief to Council on June 7, 2016 and, as noted, compliance with the Chesapeake Bay TMDL is mandatory for the City and a condition of our MS4 Permit. Hampton Roads Sanitation District (HRSD) has proposed a cost effective and innovative technique, the Sustainable Water Initiative For Tomorrow(SWIFT), to assist Hampton Roads communities with addressing the TMDL pollutant reductions. The SWIFT Project is designed to enhance the sustainability of the long-term groundwater supply and help address land subsidence. The SWIFT Project is intended to achieve these benefits by utilizing treated wastewater that would otherwise be discharged into the Chesapeake Bay watershed, purifying it through additional iterations of advanced water treatment to meet drinking standards, and injecting the resulting drinking quality water into the aquifer deep underground. HRSD's reduction in volume discharged to the Chesapeake Bay watershed corresponds to a reduction of pollutants discharged. This agenda item will authorize the City of Virginia Beach to enter into an agreement with HRSD to assist with the Chesapeake Bay TMDL credit requirements of the second and third MS4 permit terms. The SWIFT Program does not affect our current five year MS4 permit and its mandatory requirement to meet the 5% reductions for the Chesapeake Bay TMDL, nor other requirements of our MS4 permit such as construction of five water quality improvement projects, four action plans(two Chesapeake Bay and two Local), floatable reductions program, industrial inspection program, Best Management Practice inspections and maintenance, surface water quality monitoring and many additional requirements. The SWIFT program will not reduce current stormwater program costs, but if successful would prevent unbudgeted future costs for Chesapeake Bay TMDL pollution reductions. ■ Considerations: This agreement is at no cost to the City and may be used to assist the City with meeting the Chesapeake Bay TMDL pollutant reduction requirements for the second and third MS4 permit terms by providing credits to the City. These TMDL pollutant reduction credits, associated with the Hampton Roads Water Quality Credit Agreement for Chesapeake Bay Restoration, may only be used for TMDL credit under the MS4 permit and not for water quality needs associated with public or private development projects. The City is mandated through the MS4 program to remove nitrogen, phosphorus, and sediment from stormwater discharges through a series of stormwater upgrades and retrofits that are estimated to cost the City $325M, which is a potential future cost that is not budgeted in our current program. The SWIFT Project uses an EPA endorsed Integrated Planning Approach between localities and HRSD to address both the municipal wastewater and stormwater management requirements for pollutant reductions for the Chesapeake Bay TMDL. If the Integrated Plan for the Hampton Road SWIFT Program is approved by EPA, a legislature revision to move the Little Creek and Lynnhaven watersheds into the James River Basin will be required in order to take full advantage of the TMDL pollutant reduction credits. ■ Public Information: Public information will be provided through the normal City Council agenda process. ■ Attachments: Resolution ➢ Summary of Terms Recommended Action: Approval of Resolution Submitting D m• gency: Public Works r'I`�l� City Manage I 1 A RESOLUTION AUTHORIZING AND DIRECTING 2 THE CITY MANAGER TO EXECUTE THE 3 HAMPTON ROADS WATER QUALITY CREDIT 4 AGREEMENT FOR CHESAPEAKE BAY 5 RESTORATION BETWEEN THE CITY OF VIRGINIA 6 BEACH AND THE HAMPTON ROADS SANITATION 7 DISTRICT 8 9 WHEREAS, the Hampton Roads Sanitation District ("HRSD") and the City desire 10 to enter into an Agreement whereby HRSD will agree to provide water quality credits to 11 the City as progress under the City's Municipal Separate Storm Sewer Permit ("MS4"). 12 and associated Total Maximum Daily Load ("TMDL') Action Plan; and 13 14 WHEREAS, the HRSD is working to implement the Sustainable Water Initiative 15 for Tomorrow ("SWIFT"), an innovative water purification program, which will take 16 already-treated wastewater that would otherwise be discharged into the Chesapeake 17 Bay watershed, purifying it through additional rounds of advanced water treatment to 18 meet drinking water standards, and injecting the resulting drinking quality water into the 19 Potomac aquifer deep underground; and 20 21 WHEREAS, HRSD has the authority to discharge certain amounts of total 22 nitrogen, total phosphorus and sediment to the Chesapeake Bay Watershed, as 23 established by the State Water Control Board and the Virginia Department of 24 Environmental Quality ("DEQ"). The SWIFT Project will allow the HRSD to discharge 25 less nutrients and sediment than allowed, providing it with credits from its allocations. 26 HRSD agrees to provide the City with these credits for the second and third MS4 permit 27 terms to meet the City's compliance requirements under the Chesapeake Bay TMDL 28 Action Plan for the City's MS4 Permit. 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA, THAT: 32 33 The City Manager is hereby authorized and directed to execute the Hampton 34 Roads Water Quality Credit Agreement for Chesapeake Bay Restoration between the 35 City and HRSD. The City Manager is also authorized to yearly approve the revisions 36 required A summary of material terms of the MOA is attached hereto and incorporated 37 herein. 38 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: // 121 / cepa 4 t of Public Works Office of • , ity Attorney CA14105/R-2/July 25, 2017 SUMMARY OF MATERIAL TERMS HAMPTON ROADS WATER QUALITY CREDIT AGREEMENT FOR CHESAPEAKE BAY RESTORATION PARTIES HAMPTON ROADS SANITATION DISTRICT("HRSD") CITY OF VIRGINIA BEACH(the"City") The Cities of Chesapeake,Hampton,Newport News,Norfolk, Poquoson, Suffolk, Williamsburg and Portsmouth and the Counties of York,James City will also sign Agreements with HRSD. PURPOSE To allow HRSD to assist the City in meeting its MS4 Permit and TMDL Action Plan progress goals through the SWIFT program and the use of credits generated thereby for total nitrogen, total phosphorus and total suspended solids. TERMS HRSD shall: I. Provide the City yearly the quantity of water quality credits needed to meet the City's compliance requirements under the Chesapeake Bay TMDL Action Plan for the second and third MS4 permit terms prior to the implementation of the SWIFT program; 2. Make a determination as to the feasibility of the SWIFT program on or before December 31,2025;and 3. In cooperation with the City, submit any requested documentation to DEQ, and request inclusion of the SWIFT project in the Phase III WIP. The City shall: 1. Determine the total nitrogen, phosphorus and sediment reductions required; 2. Reduce the required reductions by accurate mapping,taking Mil credit for other reductions and other accounting methods; 3. In cooperation with HRSD, submit any requested documentation to DEQ and collaborate with HRSD to request inclusion of the SWIFT project in the Phase III WIP; and 4. Not transfer the credits to any other entity. i W. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Declaring 2.25+/- acres 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 Convey the Property to Hospice House of South Hampton Roads, Inc. MEETING DATE: August 15, 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. Construction of the road project utilized the majority of the property; and the portions of the remainder have been used for a City park, Habitat for Humanity homes, and a conveyance to the adjacent homeowner. At this time, approximately 4.82+/- acres still remain. Hospice House of South Hampton Roads, Inc. ("Hospice House"), a non-profit 501(c)(3) organization, has developed a proposal to construct and operate a 12,000 sq. ft., 12-bed hospice facility (the "Facility") on a 2.25+1- acre portion of the Property (the "HH Parcel") to offer hospice services to the community. On June 6, 2017, City Council declared 4,100+/- sq. ft. of the Property as excess and authorized the City Manager to sell that portion to the adjacent homeowner for use as a buffer strip between the homeowner's property and the Facility (the "Buffer"). The City's obligation to sell the Buffer is contingent on the conveyance of the HH Parcel for the Facility. The City proposes to convey the HH Parcel to Hospice House, upon satisfaction of the terms and conditions required by the City in the attached Summary of Terms, and any other conditions that the City Manager deems necessary. Once the HH Parcel and the Buffer are conveyed, the City will retain approximately 2.48+/- acres of the Property for future use. • Considerations: The HH Parcel would be conveyed subject to: 1) issuance of a Conditional Use Permit; and 2) the condition that it must continue to be used only for non-profit purposes consistent with the mission of the Hospice House. Because this Property was acquired through condemnation, a minimum of three-fourths of all City Council members must vote in favor of the conveyance. • Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. • Recommendation: Approval • Attachments: Disclosure Statement, Ordinance, Summary of Terms and Location Map Recommended Action: Approval of the Ordinancekij PADDep- .m -ncy: Public Works/Real Estate � PAD City Manager: ill. 1 AN ORDINANCE DECLARING 2.25+/- ACRES 2 OF CITY PROPERTY (A PORTION OF GPIN 3 2414-46-1943) LOCATED ON UPTON DRIVE TO 4 BE IN EXCESS OF THE CITY'S NEEDS AND 5 AUTHORIZING THE CITY MANAGER TO 6 CONVEY THE PROPERTY TO HOSPICE 7 HOUSE OF SOUTH HAMPTON ROADS, INC. 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain 10 4.82+/_ acres of land on Upton Drive, which the City acquired in 1985 as a part of the 11 Transportation Safety Improvement Project, CIP 2-024 (the "Property"); 12 13 WHEREAS, Hospice House of South Hampton Roads, Inc. ("Hospice House"), a 14 non-profit 501(c)(3) organization, has developed a proposal to construct and operate a 15 12,000 sq.ft., 12-bed hospice facility on a 2.25+/- acre portion of the Property (the "HH 16 Parcel"); 17 18 WHEREAS, the City Council is of the opinion that development of a hospice 19 facility would be an appropriate use of the HH Parcel; and 20 21 WHEREAS, the City Council finds that the HH Parcel is in excess of the needs of 22 the City of Virginia Beach, and conveyance of the HH Parcel to Hospice House to 23 support the construction of a hospice facility would provide a benefit of the community. 24 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1) That the 2.25+/- acres of City Property located on Upton Drive (a portion of 30 GPIN 2414-46-1943), as shown on Exhibit B attached hereto and made a part hereof, 31 is hereby declared to be in excess of the needs of the City of Virginia Beach; and 32 33 2) That the City Manager is hereby authorized to execute any documents 34 necessary to convey the HH Parcel to Hospice House of South Hampton Roads, Inc. in 35 accordance with the Summary of Terms as shown on Exhibit A and such other terms, 36 conditions or modifications as may be acceptable to the City Manager and in a form 37 deemed satisfactory by the City Attorney. 38 39 This ordinance shall be effective from the date of its adoption and shall expire if 40 the conveyance is not completed by June 5, 2022, unless extended by City Council 41 prior to expiration. 42 43 Requires an affirmative vote by three-fourths (3/4) of all members elected to 44 City Council. 45 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: PUBLIC WORKS/REAL ESTATE-II3t1i ITY ATTORNEY'S 0 ICE CA13880 R-1 PREPARED: 7/21/2017 2 EXHIBIT A SUMMARY OF TERMS CONVEYANCE OF EXCESS PROPERTY—2.25+1- AC. ON UPTON DRIVE GRANTOR: City of Virginia Beach (the "City") GRANTEE: Hospice House of South Hampton Roads, Inc. ("Hospice House") PROPERTY: 2.25+/- acres of City property (a portion of GPIN 2414-46- 1943) as shown on Exhibit B, located on Upton Drive near the intersection of Nimmo Parkway (the "HH Parcel") CONSIDERATION: To be conveyed on the condition that the property be used as a hospice care facility serving the City of Virginia Beach. CONDITIONS OF CONVEYANCE: • Conveyance of the HH Parcel will be subject to City Council's issuance of a conditional use permit for use as a sanitarium, in accordance with Virginia Beach City Code. • Hospice House will build a 12-bed hospice facility of approximately 12,000 sq. ft., expected to include a family kitchen, chapel, staff lounge, volunteer room, executive and administrative support offices, conference room, and covered and screened porches (the "Facility"). • Hospice House will be responsible for all costs associated with designing, constructing and equipping the Facility. The City will have no financial commitment other than subdivision of the City property to create the HH Parcel for conveyance to Hospice House. • The HH Parcel will be conveyed to Hospice House "as is", and subject to all existing easements and encumbrances of record. • Hospice House will obtain financing and secure an income stream, that, in the opinion of the City, is sufficient to build and maintain the Facility and sustain its hospice program. Hospice House will be responsible for all future operating, maintenance, and replacement costs associated with the HH Parcel and the Facility. • The Property shall be used only for non-profit purposes consistent with the mission of Hospice House. The HH Parcel may not be sold or otherwise conveyed to another entity unless approved by the City. • If Hospice House has not begun construction of the Facility within seven (7) years, the City will have the option of reclaiming the HH Parcel at no cost to the City. <- � o ,� Dz 10z .13 1ffIfni . . 73 H 11 D 11 n / rc Hkg D 3 s 0 0 —1 L H IP r a : O g11 m 1 co O —I ,7r - - —i. ., ��u 01 . 111 I 0 V, \ li 01 rn IN 1 :Ili! 1 4.1i gl 1-til4 , /. ° I s / :% ' i'l----- . 8 Virginia Beach APPLICANT'S NAME_ DISCLOSU RE 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 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. s s SECTION 1 / APPLICANT DISCLOSURE Page l of 5 O AYVJIANI NOT (o.) CJ BEAKING ,. ▪ NO GANG.[ AS U) .. . I"r __ Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, ,, business, or other unincorporated organization. pd" Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. ``'I nn (A) List the Applicant's name: v';?_ Ca bc:LS'(-,__"7_ Syi-c+� �4w��\o,n f LrIC. 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) -� Sem ciHc ctn., J I IJI (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) /✓v,i e See next page for information pertaining to footnotes[ and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE N/n Complete Section 2 only if progeny 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 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity relationship with the Property Owner: (Attach list if necessary) / 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation:' See State and Local Government Conflict of Interests Act,Va. Code § 22-3101. 2 "Affiliated business 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 oneratinci or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 Virginia Beach PROVIDER (use additional sheets if YES NO SERVICE needed) ❑ E Accounting and/or preparer of your tax return 111 ❑ Architect/ Landscape Architect/ IC)- Kira_J o-r �7 Land Planner CK i '..J- . 4CAS ❑ Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers �-t� Any other pending or proposed i ❑ LXI purchaser of the subject property I (identify purchaser(s)and '.. �-�/ purchaser's service providers) ❑ 1� Construction Contractors DV 0 Engineers/Surveyors/Agents lar---1 i• LEX )'l//S . IC)L Financing (include current ❑ - A mortgage holders and lenders Ll l selected or being considered to provide financing for acquisition or construction of the property) Oil() l/ 1 I El Legal Services ryu< h (,t ?a1Eeron) J:1k�X ✓Qrt C_ / Real Estate Brokers / ❑ Agents/Realtors for current and anticipated future sales of the subject property • b 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 5 V��cJ Virginia Beach CERTIFICATION: I I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. 1Jorkecora .S OmLie- Y �1� APPLICANT'S SIGNATURE PRINT NAME D TE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 HOSPICE HOUSE OF SOUTH HAMPTON ROADS, INC 2017 BOARD OF DIRECTORS Dr. Alexandria Peck Berger, Director Chris Brandt, Director Fran Castellow, Director Jo Lynn Chaffin, Director Cindy A. Curtis, Director Patrick Gill, Director Cami Hahn, Secretary and Director Terry Jenkins, Vice Chair, Treasurer, and Director Robert S. Miller III, Director Charles D. Robison, Ill, Director Barbara S. Unkle, Chair, Board of Directors Alvin A. Wall, Director CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting a Nonexclusive Franchise to Install, Maintain and Operate Wireless Facilities and Communications Infrastructure within the Public Streets and Rights-of-Way of the City of Virginia Beach to Mobilitie, LLC MEETING DATE: August 15, 2017 • Background: Mobilitie, LLC ("Mobilitie"), a wireless communications infrastructure provider, has requested a franchise to use the City's streets and rights-of-way to construct, install and maintain wireless facilities to enhance and further support the existing telecommunications facilities and infrastructure and to improve telecommunications service within the City. • Considerations: On July 1, 2017, new laws went into effect in Virginia regarding access to public rights-of-way for the installation and maintenance of small cell facilities and wireless support structures set forth in Va. Code §56-484.26 et seq. (the "Statute"). The Statute provides that the City may allow wireless providers and wireless infrastructure providers (collectively, "Providers") to attach small cell facilities on government-owned structures, but is not required to. The City has made a policy decision to not allow Providers to attach their equipment to any City-owned utility poles or other City-owned structures, including water tanks. However, the City must allow Providers to install small cell facilities on existing structures (other than City-owned) as long as the Provider has permission from the owner of the structure and provides notice of the agreement and co-location to the City. Mobilitie has requested a non-exclusive franchise agreement that would allow it to both attach to third-party poles and install its own poles, depending on the specific site. The Statute requires a minimum term of 10 years with at least 3 renewal options of 5 years each for any such agreement. The ordinance grants Mobilitie a nonexclusive 10-year franchise with renewal options as required by the Statute. The material terms are set forth in the attached Summary of Terms. Although the City many not charge a franchise fee for attachment to existing poles per the Statute, the City may charge a fee to Providers for use of the right-of-way to install new poles. • Public Information: Because the proposed franchise is for a term in excess of five years, pursuant to Virginia Code §15.2-2101, the solicitation for bids must be advertised once per week for two successive weeks. The advertisement for bids was published on July 30 and August 6, 2017, and the public hearing was advertised on August 6. The public hearing required to be held prior to the granting of the franchise has been advertised in accordance with the requirements of Virginia Code §15.2-1813. • Recommendations: Approval • Attachments: Disclosure Statement, Ordinance, Summary of Terms Recommended Action: Adoption of ordinance --� Submitting De• ; - formation Technology City Manager: ,`aj 1 AN ORDINANCE GRANTING A NONEXCLUSIVE 2 FRANCHISE TO INSTALL, MAINTAIN AND OPERATE 3 WIRELESS FACILITIES AND COMMUNICATIONS 4 INFRASTRUCTURE WITHIN THE PUBLIC STREETS AND 5 RIGHTS-OF-WAY OF THE CITY OF VIRGINIA BEACH TO 6 MOBILITIE, LLC 7 8 WHEREAS, Mobilitie, LLC hereinafter ("Mobilitie"), a Nevada limited liability 9 company, is the largest privately-held telecommunications infrastructure company in the 10 United States, with its principal office located at 500 Newport Center Drive, Suite 830, 11 Newport Beach, CA 92660; 12 13 WHEREAS, Mobilitie desires to use and occupy the City's streets and public 14 rights-of-way for the purposes of installing, maintaining, and operating wireless 15 communications infrastructure to enhance the current network facilities for 16 telecommunications services within the City; 17 18 WHEREAS, the City is agreeable to allowing Mobilitie to use the City's public 19 streets and rights-of-way for the aforesaid purposes, subject to the terms and conditions 20 set forth in the summary of terms attached hereto as Exhibit A and made a part hereof 21 (the "Summary of Terms"). 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council hereby authorizes the City Manager to execute a franchise 27 agreement with Mobilitie for an initial term of ten (10) years, with three (3) renewal 28 options of five (5) years each, pursuant to the requirements of Va. Code §56-484.30 29 and in accordance with the Summary of Terms, and such other terms, conditions or 30 modifications, as may be acceptable to the City Manager and in a form deemed 31 satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2017. AP"OVED AS TO •J I APPROVED AS TO LEGAL IF r SUFFICIENCY: MS INFOR ,ATION TEC °j OLO'Y CITY ATTORNEY'S 0 ICE CA14007 August 4, 2017 R-1 EXHIBIT A MOBILITIE, LLC WIRELESS TELECOMMUNICATIONS FRANCHISE AGREEMENT SUMMARY OF TERMS Parties: City of Virginia Beach ("City") and Mobilitie, LLC ("Mobilitie") Term: Initial term of ten (10) years, with three (3) options to renew for a term of five (5) years each. Fee: No fee for co-locations on existing structures; $1,000 fee for installation of small cell on any new pole in the right-of-way. All pole attachments are subject to the applicable permitting fee. Location: Mobilitie will submit an individual application to the Planning Department, Permits & Inspections, for each pole or site attachment. Relocation: Mobilitie is solely responsible for paying cost of removal or relocation of its facilities if necessitated by a public project. Mobilitie must remove facilities upon termination or City may allow facilities to remain in place and take ownership. Installation: Mobilitie is required to return public streets and rights-of-way to at least the same or similar condition existing before such work was performed to reasonable satisfaction of City of Virginia Beach. Insurance: Commercial General Liability (min. $2 Million); Automobile Liability (min. $1 Million); Pollution Liability Insurance ($1 Million). Alternatively, may have $5 Million umbrella coverage Termination: City may terminate the franchise at the end of the initial or any renewal term by giving 90 days' notice; Mobilitie may terminate at any time with 90 days' notice. Surety: $75,000 surety bond 'v rginiaBeach APPLICANT'S NAME Mobilitie, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • 4 SECTION 1 / APPLICANT DISCLOSURE FOR CITY I1V ONLY/All Ji;clocu es mua be updated two(2)week) Wim to ,uly Page 1 of 5 Plannlnq (,Olnnlb'.I VII and City Coun(II meeting that pertains to the aoolKdtiori(S) NRLICAN f NO I IFILL)OF HEARING UAfE ❑ NO CHANGE`, AS OF DAIS O RI-VISIONS SUBMIT FED DA E c Virginia Death ❑ 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: Mobilitie, LLC If an LLC, list all member's names: Mobilitie Holdings, LLC & Mobilitie Holdings, Inc. If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes) and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ■ 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: City of Virginia Beach If an LLC, list the member's names: Page 2 of 5 NB Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. 2 "Affiliated business entity relationship' means 'a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership Interest in the other business entity, (ii) a controlling owner in one entity Is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. • , SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 Wow Virginia Beach IYES I NO Ir SERVICE PROVIDER(use additional sheets if ._ l �L needed) _. • ❑ Accounting and/or preparer of Applicant's Accounting Department(Internal) 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—Companies Wireless Turn Key Operations,LLC;SQUAN ❑ who will receive bids Solutions,LLC;Infinity Construction Solutions,Inc. • ❑ Engineers/ Surveyors/Agents Warren Williams&Associates,PC Financing (include current mortgage • holders and lenders selected or -- being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Eckert,Seamans,Cherin&Mellott,LLC Real Estate Brokers / ❑ Agents/Realtors for current and anticipated future sales of the subject property • , SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ = an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 5 13 mir 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. t Q/ Caeis GLASS Will/ APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME J DATE Page 5 of 5 iti'il•ktc)31 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting a Nonexclusive Franchise to Install, Maintain and Operate Wireless Facilities and Communications Infrastructure within the Public Streets and Rights-of-Way of the City of Virginia Beach to New Cingular Wireless PCS, LLC MEETING DATE: August 15, 2017 • Background: New Cingular Wireless PCS, LLC also known as AT&T Wireless ("AT&T"), a wireless communications infrastructure provider, has requested a franchise to use the City's streets and rights-of-way to construct, install and maintain wireless facilities to enhance and further support the existing telecommunications facilities and infrastructure and to improve telecommunications service within the City. • Considerations: On July 1, 2017, new laws went into effect in Virginia regarding access to public rights-of-way for the installation and maintenance of small cell facilities and wireless support structures set forth in Va. Code §56-484.26 et seq. (the "Statute"). The Statute provides that the City may allow wireless providers and wireless infrastructure providers (collectively, "Providers") to attach small cell facilities on government-owned structures, but is not required to. The City has made a policy decision to not allow Providers to attach their equipment to any City-owned utility poles or other City-owned structures, including water tanks. However, the City must allow Providers to install small cell facilities on existing structures (other than City-owned) as long as the Provider has permission from the owner of the structure and provides notice of the agreement and co-location to the City. AT&T has requested a non-exclusive franchise agreement that would allow it to both attach to third-party poles and install its own poles, depending on the specific site. The Statute requires a minimum term of 10 years with at least 3 renewal options of 5 years each for any such agreement. The ordinance grants AT&T a nonexclusive 10-year franchise with renewal options as required by the Statute. The material terms are set forth in the attached Summary of Terms. Although the City many not charge a franchise fee for attachment to existing poles per the Statute, the City may charge a fee to Providers for use of the right- of-way to install new poles. • Public Information: Because the proposed franchise is for a term in excess of five years, pursuant to Virginia Code §15.2-2101, the solicitation for bids must be advertised once per week for two successive weeks. The advertisement for bids was published on July 30 and August 6, 2017, and the public hearing was advertised on August 6. The public hearing required to be held prior to the granting of the franchise has been advertised in accordance with the requirements of Virginia Code §15.2-1813. • Recommendations: Approval • Attachments: Disclosure Statement, Ordinance, Summary of Terms Recommended Action: Adoption of ordinance Submitting Dep m nformation Technology7j4 �.. City Manager: 1 AN ORDINANCE GRANTING A NONEXCLUSIVE 2 FRANCHISE TO INSTALL, MAINTAIN AND OPERATE 3 WIRELESS FACILITIES AND COMMUNICATIONS 4 INFRASTRUCTURE WITHIN THE PUBLIC STREETS AND 5 RIGHTS-OF-WAY OF THE CITY OF VIRGINIA BEACH TO 6 NEW CINGULAR WIRELESS PCS, LLC 7 8 WHEREAS, New Cingular Wireless PCS, LLC, also known as AT&T Wireless 9 hereinafter ("AT&T"), a Delaware limited liability company, with its principal office 10 located at 5565 Glenridge Connector, Suite 1725B, Atlanta, GA 30342; 11 12 WHEREAS, AT&T desires to use and occupy the City's streets and public rights- 13 of-way for the purposes of installing, maintaining, and operating wireless 14 communications infrastructure to enhance the current network facilities for 15 telecommunications services within the City; 16 17 WHEREAS, the City is agreeable to allowing AT&T to use the City's public 18 streets and rights-of-way for the aforesaid purposes, subject to the terms and conditions 19 set forth in the summary of terms attached hereto as Exhibit A and made a part hereof 20 (the "Summary of Terms"). 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Council hereby authorizes the City Manager to execute a franchise 26 agreement with AT&T for an initial term of ten (10) years, with three (3) renewal options 27 of five (5) years each, pursuant to the requirements of Va. Code §56-484.30 and in 28 accordance with the Summary of Terms, and such other terms, conditions or 29 modifications, as may be acceptable to the City Manager and in a form deemed 30 satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2017. PPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: lige E INFORMATION TEC OLOGY CITY—A ORNEY'S OF E CA14009 August 4, 2017 R-1 EXHIBIT A NEW CINGULAR WIRELESS PCS, LLC WIRELESS TELECOMMUNICATIONS FRANCHISE AGREEMENT SUMMARY OF TERMS Parties: City of Virginia Beach ("City") and New Cingular Wireless PCS, LLC, also known as AT&T Wireless hereinafter ("AT&T") Term: Initial term of ten (10) years, with three (3) options to renew for a term of five (5) years each. Fee: No fee for co-locations on existing structures; $1,000 fee for installation of small cell on any new pole in the right-of-way. All pole attachments are subject to the applicable permitting fee. Location: AT&T will submit an individual application to the Planning Department, Permits & Inspections, for each pole or site attachment. Relocation: AT&T is solely responsible for paying cost of removal or relocation of its facilities if necessitated by a public project. AT&T must remove facilities upon termination or City may allow facilities to remain in place and take ownership. Installation: AT&T is required to return public streets and rights-of-way to at least the same or similar condition existing before such work was performed to reasonable satisfaction of City of Virginia Beach. Insurance: Commercial General Liability (min. $2 Million); Automobile Liability (min. $1 Million); Pollution Liability Insurance ($1 Million). Alternatively, may have $5 Million umbrella coverage Termination: City may terminate the franchise at the end of the initial or any renewal term by giving 90 days' notice; AT&T may terminate at any time with 90 days' notice. Surety: $75,000 surety bond N/B Virginia Beach APPLICANT'S NAME DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/Aldisclosures must be updated two (7)weeks prim to arm Page 1 of 5 Planning Larmission ana City Council meeting that pertains in the appltcat.or 0 APPLICAN1 NOTIFIED OF HEARING DAT[ El NO CHANGES AS OF DAIS' n REVISIONS SURMIT1 ED flAT[ 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: New Cinyular Wireless PCS, LLC If an LLC, list all member's names: AT&T Mobility II LLC If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) AT&T Mobility II LLC owns all of the membership interest of the applicant. See next page for information pertaining to footnotes' and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. D 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 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 t or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 XB Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ n 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 ❑ 0 purchaser of the subject property (identify purchaser(s) and purchasers service providers) ❑ ❑ Construction Contractors ❑ ❑ Engineers / Surveyors/Agents Financing (include current ❑ El selected holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers / ❑ ❑ Agents/Realtors for current and anticipated future sales of the subject property • • 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 5 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. Eric Nicholds, Agent APPLICANTS SIGNATURE PRINT NAME Eric Nicholds DATE 0810112017 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE • Page 5 of 5 ` " CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City- Owned Waterway Known as Bass Inlet-West, Located at the Rear of 2837 Bluebill Drive MEETING DATE: August 15, 2017 • Background: Donald W. and Cindy S. Marrow have requested permission to construct and maintain two finger piers in a L-shape with the piers measuring a maximum of 17' and 30', respectively, and a 12' X 12.5' boat lift, (the "Encroachments"), into a portion of City-owned waterway known as Bass Inlet—West, adjacent to their property located at the rear of 2837 Bluebill Drive. • Considerations: City staff has reviewed the Encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Sandbridge Shores near the Marrows' property. • Public Information: Advertisement of City Council Agenda. • Alternatives: Deny the encroachments, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Plat, Location Map, Pictures and Disclosure Statement Recommended Action: Approval Submitting D= •art -nt/A•ency: Public Works/Real Estate Sj 9ik0 City Manager: moiee 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY-OWNED 6 WATERWAY KNOWN AS BASS 7 INLET-WEST, LOCATED AT THE s REAR OF 2837 BLUEBILL DRIVE 9 10 WHEREAS, Donald W. Marrow and Cindy S. Marrow desire to construct and 11 maintain two finger piers in a L-shape with the piers measuring a maximum of 17' and 12 30', respectively, and a 12' X 12.5' boat lift into a portion of City-owned waterway known 13 as Bass Inlet-West, adjacent to their property located at the rear of 2837 Bluebill Drive, 14 in the City of Virginia Beach, Virginia; and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 17 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 18 City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Donald W. Marrow and 25 Cindy S. Marrow, their heirs, assigns and successors in title are authorized to construct 26 and maintain temporary encroachments for two finger piers in a L-shape with the piers 27 measuring a maximum of 17' and 30', respectively, and a 12' X 12.5' boat lift into a 28 portion of City-owned waterway known as Bass Inlet-West, as shown on the map 29 marked Exhibit "A" and entitled: "ENCROACHMENT REQUEST — EXHIBIT A FOR 30 DONALD AND CINDY MARROW 2837 BLUEBILL DRIVE, VIRGINIA BEACH, 31 VIRGINIA ORIGINAL 06/21/2017 REVISED 07/18/2017", SCALE: 1" = 30, prepared by 32 Barney Environmental, Inc., a copy of which is on file in the Department of Public 33 Works and to which reference is made for a more particular description; and 34 35 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 36 subject to those terms, conditions and criteria contained in the Agreement between the 37 City of Virginia Beach and Donald W. Marrow and Cindy S. Marrow (the "Agreement"), 38 an unexecuted copy of which has been presented to the Council in its agenda, and will 39 be recorded among the records of the Clerk's Office of the Circuit Court of the City of 40 Virginia Beach; 41 42 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 43 hereby authorized to execute the Agreement; and 44 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 45 time as Donald W. Marrow and Cindy S. Marrow and the City Manager or his authorized 46 designee execute the Agreement. 4 7 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 48 of , 2017. CA14005 PREPARED: 7/26/17 \\vbgov.com\dfsi\applications\citylawprod\cycom 32\wpdocs\tl021\p025\00386896.doc APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUBLIC WORKS, REAL ESTATE , DAN: H -'RM'srER, NIS ' CI YATTORNEY . , . T HOFG.jP Note: MLW and P11-1W along fare of bulkhead • 0 Cr Distance across waterway 105' 7 .UEEU a. R G> Hass Inlet West 1: : Flow N , C 9 7207 v 00' N 10• 43' W YONAL Existing dock Existing woos L bulkhead Pool Zabana house bar se ) \ • w rl R N/F Roof and Sharon Bartchie n 9Flori roorcia P N/F 2841 Bluebill Drz Glenn R.Fellhousen 2433-25.7470 Donald anoI 2833 Bluebill Dr Inst:20070925001301040 y Cindy Marrow V 2433-25-7611 2837 Bluebill Drive D.B.4123 PG.91 ❑ 2433-25-7540 Inst: 20150715000671660 Concrete - �driveway • / 4 100' S 10' 43' E Property road frontage is 100' Bluebill Drive (50' ROW) BARNEY ENVIRONMENTAL,INC. (757ENCROACHMENT REQUEST-EXHIBIT A (757)641-VIRGINIA FAX 1595 90-4216 P.O.BOX 7, FORP.O.BEACH,VA 23451 4TA DONALD AND CINDY MARROW W'WW.BARNEYENVIRONbENTAL COM 2837 BLUEBILL DRIVE,VIRGINIA BEACH,VIRGINIA NDI Engineering Company ORIGINAL 06/21/2017 g g P y REVISED 07/18/2017 Basgier and Associates Division DATUM: DATE SCALE SHEET BY: 572 Central Drive,Suite 103 MLW=0.00' 07/18/2017 I"—30' 1 OF2 IRB Virginia Beach, VA_23454 Note' MLW and MHW along face of bulkhead Distance across waterway 105' •, „ar pH Op, Encroachment on City of Virginia Beach property = 352 squareI • C/'�' Boss let West U u'�y�EJ'1� LHOERc› Ebbw N 4. ' v Y"" NYS10 'L 6' plies on pier (typ) Proposed finger piers Approx 25X distance across waterway (26.25' from MHW at bulkhead) Proposed boatlift 5 _ . '17' 10' piles on bootlift (typ) > Proposed 6'X76' 100' N 10' 43' W all in floating dock Pro osed 2' i 7, 11' • Existing, extension L Jet ski lifts on Proposed ) 4x12 gangway Pool existing pileshous- abanaLl -vni N Te Down Distances bar erten To Distance O. 1 56.16.1 N N2 84.1 N- 3 1026 d • Z I 73.3 I 2 06.6 in ;''. 3 92.4 4Ywr - N/F N. w Roof and Sharon Bartchie ' 6. N/F 2841 Bluebill Dr Glenn R.Felthousen 2433-25-7470 Donald and 2833 Bluebill Dr lost 20070925001301040 Cindy Marrow 2433-25-7611 • 2837 Bluebill Drive D.B.4123 PG.91 2433-25-7540 Inst: 20150715000671660, 2 < Concrete ,./ BARNEY ENVIRONMENTAL, INC. ENCROACHMENT REQUEST-EXHIBIT A (757)641-5004P.O. FAX BOX 1,1595 390-4116 P.O. FOR VIRGINIA BEACH,VA 23451 DONALD AND CINDY MARROW W W W.BARNEYENVIRONMENTAL.COM 2837 BLUEBILL DRIVE,VIRGINIA BEACH,VIRGINIA Engineering Services Provided By: ORIGINAL 06/21/2017 NDl Engineering Company REVISED 07/18/2017 Basgier and Associates Division DATUM: DATE SCALE SHEET BY: 572 Central Drive,Suite 103 MLW=0.00' 07/18/2017 I"—30' 2 OF 2 1RB Virginia Beach,VA.23454 K. SITE >; ` Q� • N 1 • Q ♦ O r 6-923 ? fA 2 O • �O A A 6N``0\-N LOCATION MAP ENCROACHMENT REQUEST FOR / DONALD W.&CINDY S. MARROW Legend 2837 BLUEBILL DRIVE Crty Property 2433-25-7540 Feet Q 2433-25-7540 0 100 200 400 Prepared by PW/Eng JEr g Support services Bureau 0€7207201 7 X CADDtR geas`.nnc rce:wcENDA Ew,Psgbueall on243125.7540 W. . C . ' a '` 4 r ♦ilii .� ' .. . I`p 1.4: • • 2837 Bluebill Drive Encroachment for: Donald W. & Cindy Marrow -1 .;,' • .- . 4. . ' ... i -- « ; ...'' -- • Air .. — •,. - -k-%","-- • - . • ..„.. Mgr ''-'.1•:•,.,. .•OP ... - . ; •.,34..- ' • 4., 1,' ...._.._. '444kr • .. - . - •'".'• ''., • 'k.'; ' : *ki • , - - - . ' . ' 4.4 , 1.4 • 4 a, SW - - - 4 4 • _ __ _- vir- - - - ••••, ......0,-,51 , ,....„ - --ar---••->4 _, ,- ---. • —A3r--171---" 'I',"' - - --.•,- z..- • - - — —-- rar-...dir.:*" .---= - • • =.••••,&44 ift ''' 4,,"..,''Neiai--IV'r-.4. --44r•- ,• 2837 Bluebill Drive ncroachment for: Donald W. & Cindy Marrow . 1 $I)1V 6 1 4. .. , , k . •4 I -..- 4 , .4 , 44 - • ••,.. . • 1, W., — s ...4 , . - .• ,„, , t , 4,01,;$—, -'4 l', 2E16 PLUEBILL FOY' e• 1 r u. 4 4L, = t5-j.... t . „ cr•.• Similar Encroachment — 2816 Bluebilj Drive 0 P Approved by City Council Date on 08r23/2011 .., Virginia Beach APPLICANT'S NAME Don and Cindy Marrow DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board e • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE 1 FOR CITY USE ONIV/All J\rir.!!,.. o:la Ix r.Pd+r.U,v: a ':q Page 1 of7 Vin: ..ue1 yi0::urd lkiett.ffijr1..at o-!I in io tar 11:11)i'LdIliki..‘. .APIM(CANT NOTIFIED Of HEARING Dn11 Er NO CHANCES AS OF otttikt S. L' 1C £/z/I? ▪ REVISIONS SUBMITTED U.IP. M 3 Virginia Beath • Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Don and Cindy Marrow If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 4 a 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. U Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 gra Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner (Attach list if necessary) 1 "Parent-subsidiary relationship' means °a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation' See State and Local Government Conflict of Interests Act,Va. Code 4 22-3101. 2 "Affiliated business entityrelationship" means "a relationship, other than parentsuhsldiary 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 dose working relationship between the entities? See State and Local Government Conflict of Interests Act, Va.Code 5 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) n Accounting and/or preparer of your tax return Architect/Landscape Architect/ Land Planner Contract Purchaser(If other than inX the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchasers service providers) J nConstruction Contractors East Bay Construction • nEngineers/ Surveyors/Agents Barney Environmental, Inc. 1 Financing (include current � • ` 1VI mortgage holders and lenders V 6,II S Fo r o o selected or being considered to provide financing for acquisition ... or construction of the property) ▪ F1Legal Services Real Estate Brokers / n Xi Agents/Realtors for current and I I 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 n an interest in the subject land or any proposed development contingent an the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Jason Barney with Barney Environmental, Inc. is the agent for the project. He serves on the Virginia Beach Wetlands Board. Page 4 of 7 AB ;Vise Wel II cert �othe Information contained In this Disdosure Statement Form Is complete,true,and accrue. I urgers-tend that, upon receipt of notification that the application las been scheduled for public hearing, I am responsible For updating the Information provided herein two weeks pdor to the Planning Commission, Council, YBDA mmeetiing. or meeting of any public body or committee In connection with this /4 it A.O `F NAMEt"Y�ar�r-op03_43h3JJ[7 maetr4owwlxsma nckx- pit nn.F Penal Nelle I T[ Pape S of , , , . ,,, , .. allwrg re $ ... —, _. VIrj$n118.:aYy: 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 -''"W.� provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. i Ci, L ''i,c G ad I r Ail Sr ri PROPERTY CLEW' SI NATURE PRIkr NAME �AT • Page 7 of 7 I PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this 2,(e" day of , 2017, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a mu icipal corporation of the Commonwealth of Virginia, Grantor, "City", and DONALD W. MARROW and CINDY S. MARROW, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 37", as shown on that certain plat entitled: "SUBDIVISION OF PARCEL "A" PLAT OF SANDBRIDGE SHORES, SECTION 1A SOUTH, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA" dated September 29, 1968, prepared by P. L. SMITH, C.L.S. VIRGINIA BEACH, VA., and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 77, at page 56, and being further designated, known, and described as 2837 Bluebill Drive, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain two finger piers in a L-shape with the piers measuring a maximum of 17' and 30', respectively, and a 12' x 12.5 boat lift, collectively, the "Temporary Encroachments', in the City of Virginia Beach; and GPIN: 2433-33-0267-0000; (CITY PROPERTY KNOWN AS BASS INLET - WEST) 2433-25-7540-0000; (2837 Bluebill Drive) WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of City-owned waterway known as Bass Inlet-West, located at the rear of 2837 Bluebill Drive, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "ENCROACHMENT REQUEST — EXHIBIT A FOR DONALD AND CINDY MARROW 2837 BLUEBILL DRIVE, VIRGINIA BEACH, VIRGINIA ORIGINAL 06/21/2017 REVISED -- 07/18/2017", SCALE: 1" = 30 prepared by BARNEY ENVIRONMENTAL, INC., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorneys fees, in case it shall be necessary to file or defend an action arising out of the construction, location, or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined with the City listed as an additional insured. The company providing the insurance must 3 be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars 4 ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Donald W. Marrow and Cindy S. Marrow, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2017, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2017, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 0 • sonald W. Marrow, Owner By p Cindy S. Marrow, Owner STATE OF yitgqw;ti CITY/COUNTY 0'F Sh,fo�l , to-wit: The foregoing instrument was acknowledged before me thisa6 fA day of .}ulr , 2017, by Donald W. Marrow. / ✓� t4.tip�..:_ J (SEAL) Notary Public °RISOVO, ? yPUk . O Notary Registration Number: -75 oOGG i - .:A3• " �'� Lu ▪ :2 M155aN •• c My Commission Expires: io -3l-to i9 ▪ q CO! a yG4• 1.11'EALi\ •n r,,,•a••. STATE OF Vi1',nt.� CITY/COUNTY O$ S la )rd , to-wit: The foregoing instrument was acknowledged before me this ai f day of , 2017, by Cindy S. Marrow. /� Co.; A ," ri.--(SEAL) Notary Public ,001 ,••,,,• Notary Registration Number: 7 5 006 1 • �\E GRose ,,,,,, 0.i[p :%PAY PUB(i My Commission Expires: 10-31 -20 ji - '":0 My P : c CONUMBERN : a 7 O .7.6x0661 :Q�•0 't' �OA'� AL10, 0 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM r . t 4 1,. 46 SIGNATURE • 1" I�l ` • ' r�'M- �\ 1 (l f� \ k'�o" yn� ir,, SENI• - CITY ATTORNEY DEPARTMENT 8 , p.LTE op GI'P Mater MLW and MI-14/ atong face of bulkhead C1. Distance across waterway 105' ; Umll/ REE • R 5 Fl Bass Inlet West now N • , Ebb on X202 G nm N 10' 43' W "2 02 Existing dock i Existing wood— bulkhead pont �bana • hous bar a 3 • w a R N/F era Roof and Sharon Barichie kco �'�'-'i.- N/F 2841 Bluebill Drz Glenn R.Felthousen 2433-25-7470 w Donald and 2833 Bluebill Dr ez Inst:20070925001301040 b Cindy Marrow 2433-25-7611 2837 Bluebill Drive D.B.4123 PG.91 • 2433-25-7540 Inst: 2015071500\0671660 El d a _ Concrete / driveway • d 100' S 10' 43' E Property road frontage is 100' Bluebill Drive (50' ROW) BARNEY ENVIRONMENTAL, INC. ENCROACHMENT REQUEST-EXHIBIT A (757)641-5004 FAX(5 5)390-4216 FORP.O.BOX 1, VIRGINIA BEACH,VA 23451 DONALD AND CINDY MARROW W W W.BARNEYENVIRONMENTAL.COM 2837 BLUEBILL DRIVE.VIRGINIA BEACH,VIRGINIA NDI Engineering Company ORIGINAL 06/21/2017 g g P y REVISED 07/18/2017 Basgier and Associates Division DATUM: DATE SCALE SHEET BY: 572 Central Drive,Suite 103 MLW=0.00' 07/18/2017 1"=30' 1 OF 2 1RB Virginia Beach,VA.23454 Note: MLW and MHW (Hong face of bulkhead Distance across waterway 105' VIM pp '�H Encroachment or City of Virginia Beach property = 352 square f - • Y'rOA, O Bass Inlet West B LHOERc› FblwN 4 V' o Proposed ZONAL B' piles on pier (typ)— finger piers Approx 25X distance across waterway (2625' from MRV at bulkhead) Proposed boatlift 5 ' . °17' 10' piles on boatllft (typ) Proposed 6'X18' 100' N 10' 43' W 511 N ° floating dock ...—.... - •ro osed 2' 7' 11' SAI Existing „ii extension L Jet ski lifts on Proposed :f :: k 4x12 gangway Pool existing piles housa Cabana�� � - Tie Dawn Distances bar 1 ado C From o'�56.1 Q isms n N 041 y N 102.2. 6 y - Z 73.3 N a 96.6 /4 92.1 N/F \ -iti__- Roof and Sharon Bartchie '4 RiT 2841 Bluebill Dr Donald and Glenn R. Felthousen 2433-25-7470 Cindy Marrow 2833 Bluebill Dr Inst 20070925001301040 2837 Bluebill Drive 2433-25-7611 DB.4123 PG.91 2433-25-7540 Inst 20150715000671660 / 4 \ - Concrete BARNEY ENVIRONMENTAL, INC. ENCROACHMENT REQUEST-EXHIBITA (757)641-5004 FAX(957)390-4216 FOR P.O.BOX 1595 VIRGINIA BEACH,VA 23451 DONALD AND CINDY MARROW W W W.BARNF,YENVIRONMENTALCOM 2837 BLUEBILL DRIVE.VIRGINIA BEACH,VIRGINIA Engineering Services Provided By: ORIGINAL 06/21/2017 NDI Engineering Company REVISED 07/18/2017 Basgier and Associates Division DATUM: DATE SCALE I SHEET BY: 572 Central Drive.Suite 103 MLW=0.00' 07/18/2017 1”=30' 2 OF 2 JRB Virginia Beach,VA.23454 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Appropriations from the Tourism Investment Program (TIP) Fund Reserve for Contingencies to the Department of Convention and Visitor Bureau's Operating Budget MEETING DATE: August 15, 2017 • Background: In 2015, the City contracted with a consultant to perform a city- wide arc flash study. Through this study, it was determined that all 43 electrical pedestals at the Oceanfront presented some level of hazard for arc flash or electrocution. Additionally, the consultant informed the City that it was not in compliance with various National Electric Code sections that require the use of Ground Fault Circuit Interrupter (GFCI) devices. The City initiated corrective measures to mitigate these risks; however, as an unintended consequence, the City began experiencing issues with the new electrical pedestals and GFIC devices providing adequate power to the 321 lighted displays used for the Holiday Lights Program at the oceanfront. On August 1, 2017, City Council was briefed on this issue and was presented with several alternatives with varying costs. These alternatives ranged from reducing the scale and size of the holiday lights for 2017 by converting displays to 12 volt DC lights to cancelling the Holiday Lights Program. Since that time, an additional option has become available that includes scaling down the size of the holiday lights from 17th Street to 32nd Street while using the existing holiday lights (no conversion of displays). This proposal is projected to cost $380,000. Funding for this proposal will be provided by the Tourism Investment Program (TIP) Fund with $50,000 available from appropriations for the Holiday Lights Program included in the Adopted FY 2017-18 Operating Budget, $80,000 from Beach Events and the remaining balance of $250,000 from the TIP Reserve for Contingencies. • Considerations: Transfer $250,000 from the FY 2017-18 TIP Fund Reserve for Contingencies to the Department of Convention and Visitor Bureau's TIP Resort Programs and Special Events Operating Budget for the purpose of implementing a modified Holiday Lights Program. • Public Information: Public information will be provided through the normal City Council agenda process. • Attachments: Ordinance Recommended Action: Approval of Ordinance i Submitting De• . t/Agency: Public Works ' WtL City Manager: AN ORDINANCE TO TRANSFER APPROPRIATIONS 2 FROM THE TOURISM INVESTMENT PROGRAM (TIP) 3 FUND RESERVE FOR CONTINGENCIES TO THE 4 DEPARTMENT OF CONVENTION AND VISITOR 5 BUREAU'S OPERATING BUDGET 6 7 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, e VIRGINIA: 9 to That $250,000 is transferred from the FY 2017-18 Tourism Investment Program 11 Reserve for Contingencies to the Department of Convention and Visitor Bureau's FY 12 2017-18 Operating Budget for the purpose of implementing a modified Holiday Lights 13 program. 14 15 16 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 17 2017. 18 19 Requires an affirmative vote by a majority of all the members of City Council. 20 21 22 Approved as to Content: Approved as to Legal Sufficiency: 23 24 25 cul to �, 'I 26 Budget and Management Servi s City Attorne ffice • CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Fund Balance Reserved for the Community Services Board to Establish a Complex Care Program MEETING DATE: August 15, 2017 • Background: Individuals with serious behavioral health challenges run a high risk of hospitalization, homelessness or incarceration. Often, these individuals do not receive benefits such as Social Security and Medicaid due to the transient nature of their living arrangements. The Virginia Beach Community Services Board (CSB) tasked the Department of Human Services (DHS) with designing a program that would assist people in this situation. On June 29, 2017, the CSB voted to approve the establishment of a Complex Care Program to serve individuals who: • are at risk of recurring hospitalization, homelessness, or incarceration due to the acuity of their symptoms and level of functional disability; • have not been successful with lower levels of housing; and • may be at-risk in the community without intensive 24-hour support. The Program will pay for intensive residential services for: • up to six months for individuals who have benefits pending and may acquire benefits to cover housing expenses in altemative settings; • one year for individuals who need time to stabilize in an intensive residential setting before transitioning into more independent settings; or • two years for individuals who have the most intensive needs and will require a longer period to acclimate into a community setting. DHS requests an appropriation of $50,000 from General Fund balance reserved for Community Services Board to start this program. • Considerations: The requested $50,000 resides in the fund balance of the General Fund, but it is reserved for CSB programs because the moneys originate from either state funds provided to the CSB in previous fiscal years or City funds reserved from the dissolution of a former CSB special revenue fund. The proposed program will not require any matching City funds. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Approval of Ordinance • Attachment: Ordinance Recommende• • ti• . Approval Submitting D: ent/A!ency: Department of Human Services City Manager: !! Vii• 1 AN ORDINANCE TO APPROPRIATE FUND BALANCE 2 RESERVED FOR THE COMMUNITY SERVICES BOARD 3 TO ESTABLISH A COMPLEX CARE PROGRAM 4 5 WHEREAS, included in the City's fund balance is a reservation for the 6 Community Services Board (CSB) and this reservation includes $50,000 of state funds 7 from one or more previous fiscal years or funds reserved for CSB by previous City 8 policy; 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA THAT: 12 13 $50,000 in General Fund balance reserved for Community Service Board 14 activities is hereby appropriated, with specific fund reserve revenue increased 15 accordingly, to the FY17-18 Operating Budget of the Department of Human Services 16 Department to serve individuals who are at risk of recurring hospitalization, 17 homelessness, or incarceration due to the acuity of symptoms and level of functional 18 disability, have been unsuccessful with lower levels of housing, and may be at-risk in 19 the community without intensive 24-hour support. 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: evinChatellier i- a yer Budget & Management Services City Attorney's Office CA14111 R-2 August 4, 2017 L. PLANNING 1. REAL INVESTMENT ASSOCIATES, INC., et al Variance to Section 4.4 (b) of the Subdivision Ordinance re lot width at 1337 Reedtown Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 2. JAMES GRUSZECZKA and MONA AVE & ASSOCIATES I, LLC enlargement of a Nonconforming Use(Duplex) at 406 271"Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. THE ENCLAVE AT PA BC,LLC a. THE ENCLAVE AT PRINCESS ANNE HOMEOWNERS' ASSOCIATION, INC. Modification of Proffers to account for the addition of Phase 2 at the North side of North Landing Road, West of West Neck Road(Approved November 22,2011) b. ANTHONY B. HUFFMAN, JR. Conditional Change of Zoning from AG-I and AG-2 Agricultural to PD-H2 Planned Unit Development (R-7.5 Residential) to establish Phase 2 at 2754,2804 and 2808 North Landing Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 4. MOGUL PROPERTIES, LLC Conditional Change of Zoning from Conditional B-2 Community Business to Conditional B-IA Limited Community Business District at 317 South Witchduck Road DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 5. BICKFORD OF VIRGINIA BEACH, LLC, LARRY B. SLIPOW, PRINCESS ANNE ROAD INVESTMENTS, LLC, and COURTHOUSE MARKETPLACE STATION, LLC Conditional Change of Zoning from AG-2, 0-2 and Conditional B-2 to Conditional 0-2 Conditional Use Permit re Housing for Seniors and Disabled Persons at 2625 and 2629 Princess Anne Road and 2476 Nimmo Parkway DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 6. HOSPICE HOUSE OF SOUTH HAMPTON ROADS, INC. Conditional Use Permit re a Hospice House(Sanitarium)at the East side of Upton Drive,North of Nimmo Parkway DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 7. MERMAID WINERY AT THE BEACH,LLC and FOON & BIK WONG Conditional Use Permit re a Craft Winery and Assembly Use at 4401 Shore Drive DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 8. MILAGROS MONTESA and BEACH HOLDINGS, LLC Conditional Use Permit re an Auto Repair at 5768 Arrowhead Drive,Unit C DISTRICT 2—KEMPSVILLE RPCOMMFNIlATION' APPR(1V Al NOTICE OF PUBLIC HEARING Tice regular meeting of the Crty Council of the City of Virginia Beach will be held in the Council Chamber or the City Hall Building.Municipal Center.Virginia Beach, Virginia,on Tuesday,Arpffi 15,2017 at 6:00 p.m..at which Bme the following applications will be heard: DISTRICT 7-PRINCESS NINE Bickford of Virginia Beach, LLC/Larry S. 5alow, Princess Anne Road Investments, LLC. & Courthouse Marketplace Station, LLC Cnnn2bnal NBZQNBg 6G-2.0-2& Conditional B-2 to Conditional 0-2)Conditional Use Pemal(Housing for Seniors and Dsabled Persons)2625& 2629 Princess Anne Road & a portion of 2476 Nimmo Parkway (GPINS 1494644297, 1494646109,&a portion of 1494633417) DISTRICT 7-PRINCESS ANNE Hospice House of South Hampton Roads,Inc.City of Virginia Beach[Owner] i nd4nnnl Ilse Permit(Hospice House(Sanitarium])East Side of Upton Drive, North of Nimmo Parkway(GAIN 2414461943) DISTRICT 0-BAY910E Mermaid Winery at the Beach.LLC/Foon&Bik Wong conditional Use Permit (Craft Winery&Assembly Use)4402 Shore Drive(GRIN 1479778573) DISTRICT 7-PRINCESS ANNE Enclave at PA BC, LLC/Enclave at PA BC, LLC &Anthony B. Huffman, Jr. Conditional Flemming (AG-1 & AG-2 Agricultural to PD-H2 Planned Unit Development (R-7.5 Residential)), 2754 North Landing Road, 2804 North Landing Road, &eastern 1.2 acres of 2808 North Landing Road (GRINS 1094409163,14944085502,&1494407232) IMSTRICT-PRINCESS ANNE The Enclave at Princess Anne Homeowner$Association,Inc.&The Enclave at PA BC,LLC Modification M Proffers,North Side of North Landing Road,2,700 feet west of West Neck Road (GAINS 1494403579. 1494406621, 1494408672, 1494407614. 1494407665, 1494408617. 1494408639, 1494409710, 1494409774, 1494409861, 1494409847, 1494409912, 1494408996. 1494418070, 1494418044, 1494418029, 1494417194, 1494417178, 1494417242, 1494417217, 1494416370, 1494416334 1494416307, 1494416122, 1494416057. 1494416085, 1494407919. 1494-407934, 1494407859, 1494407875, 1494407810, 1494406769, 1494406717, 1494405776, 1494404576, 1494413213) DISTRICT 6-BEACH James Gruszeczka/Mona Ave & Associates I, LLC Enlargement of a Nonconforming Use 406 24 Street(GPIN 2418909472) DIsTICT4-SAYS/DE Rear Investment Associates,Ind/Walter Land,Paulette Christine Land.Cheyenne Land.Stanley Lee Land,Joseph Edward Land,Sr.. Rhoda Hudgins a/PJa Ronette Hudgins,Randy Hudgins, Rodney Hudgins, Raymond Hudgins, Jr., Margie Ree Baxter, Raymond Lee Hawkins, Lorna Williams a/k/a Elona Williams.Edward James Williams a/k/a Argon Williams, Patrick Williams Dunk Williams a/k/a Alphon o Williams. Zelma Hawk, William Sneed GE.Gentle,Jr,Dela Corporation RnMrvision Variance(Section 4.4 Ib) Of the Subdivision Ordinance) 1337 Reedtoan R0ad (SPIN 1478680720) DISTRICT 2-NEMPS/LLE Mogul Properties. LLC Londional Reining (Condiuoral B2 Community Business to Conditional B-IA Limited Community Business)317 S.Wichduck Road(SPIN 14677060981 DISTRICT 2 - NEMp14LLE Mllagros Montesa/Beacn Holdings, LL Conditional Use Permit(Automotive Repair Garage)5768 Wrowhead Dr • Unit C(SPIN 14670317231 All interested parties are invited t0 attend. Ruth Hodges aces MMC Off Clerk Copes of the proposed ordinances,resolutions and amendments are on file and may be examined in the Department of Planning or online at Sir, w.rtigdrsparpc. For information call 385-4621 If you are OTTIcelly disabled or vbualb Impaled and need assistance at this meeting,please call the CITY CLERKS 0FMCS et SA 3;Hearing impaired call 711 rcei nia Relay-Telephone Device for the Deaf). BEACON:JULY30,2017&AUGUST 6.2017-1 TME EAQI. 5 co1 ep LIT �' EL O r OC f li Ile - . - ) fi--- -1_- '111_5-) ci, ,c_.; (--- /. .,. ....:_. ---„,/ . . .. ir-1 j4.`"/ 0 _czi /I • L.," 0 • rat, C,_3 nnl 0.1. 1.1,,_± ,.._, i 1 ce Tit r,S ter` N L1,11 , \_. vN----, w,./ .t. -,„ _, ;: N4AA9., fc,t /'' --7 (--7 4/ , ,, 0 . N.) 04410,1))00---,,,,..„., ,. , ,,,4* / , .,.. Ai 64, •.• log ,, pg, .� C.s 4 1,0 ' /4101/.4141411PIPVN .,4 ,Sit,„41:, ry t ��Z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: REAL INVESTMENT ASSOCIATES, INC. [Applicant] WALTER LAND, PAULETTE CHRISTINE LAND, CHEYENNE LAND, STANLEY LEE LAND, JOSEPH EDWARD LAND, SR., RHONDA HUDGINS A/K/A RONETTE HUDGINS, RANDY HUDGINS, RODNEY HUDGINS, RAYMOND HUDGINS, JR., MARGIE REE BAXTER, RAYMOND LEE HAWKINS, LORNA WILLIAMS A/K/A ELONA WILLIAMS, EDWARD JAMES WILLIAMS A/K/A ARGAN WILLIAMS, PATRICK WILLIAMS, DUNK WILLIAMS A/K/A ALPHONZO WILLIAMS, ZELMA HAWK, WILLIAM SNEED, C.E. GENTLE, JR., DALA CORPORATION [Property Owners] Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) 1337 Reedtown Road (GPIN 1488881351). COUNCIL DISTRICT— BAYSIDE MEETING DATE: August 15, 2017 ■ Background: The 1.07-acre parcel is located in an area known as "Reedtown" and is currently owned by 18 individuals and entities. The property is being sold by court order in a partition suit in order to pay back taxes and liens and to provide the owners with their equity. The request is to subdivide the parcel into two lots. Each lot will contain 23,387 square feet, thereby exceeding the minimum lot area requirement of 15,000 square feet. Lot A is proposed with a lot width of 68.72 feet and Lot B is proposed with a lot width of 57.16, rather than the 100 feet required in the R-15 Residential District. Based on this, Subdivision Variances to lot width are requested for both lots. • Considerations: This 1.07-acre parcel is excessive in size for this neighborhood and possesses sufficient lot area for three single-family dwellings; however, the lot width requirement limits the by-right development of the site to one single-family dwelling. As proposed, the two parcels will each have a larger lot size than many of the surrounding existing lots. The proposed subdivision is consistent with the land use pattern in the vicinity, as evident by review of the zoning history map attached to this report. Further details pertaining to the request, as well as Staffs evaluation of the proposal, are provided in the attached Staff report. There is no known opposition to this request. Real Investment Associates, Inc. Page 2 of 2 • 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 property is subdivided, it shall be in substantial conformance with the layout depicted on the plat entitled "PRELIMINARY EXHIBIT FOR RESUBDIVISION OF PROPERTY OF DALA CORPORATION (D. B. 3405, PG. 875) VIRGINIA BEACH, VIRGINIA," prepared by WPL, dated April 10, 2017, with no more than two parcels - Lot A and Lot B. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Planning Department and Community Development. 2. When Lot A and Lot B are developed, the dwelling for Lot A when constructed shall substantially adhere in appearance and size to the submitted elevation entitled A4 OBH-200 Model "B" and the dwelling for Lot B when constructed shall substantially adhere in appearance and size to the submitted elevation entitled A5 OBH-200 Model "B", prepared by Ocean Bay Homes. Said elevations have been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departm: • • gency: Planning Department JY-Sp , t t�. .11 City Manager: J`� 111111`� 4. , 1 Applicant Real Investment Associates,Inc. Property Owners Walter Land, Paulette Christine Land, Agenda Item Cheyenne Land,Stanley Lee Land, Joseph Edward Land, Sr., �;,�„f Rhonda Hudgins a/k/a Ronette Hudgins, Randy Hudgins, 5 Virginia Beach Rodney Hudgins, Raymond Hudgins,Jr., Margie Ree Baxter, Raymond Lee Hawkins, Lorna Williams a/k/a Elona Williams, Edward James Williams a/k/a Argan Williams, Patrick Williams,Dunk Williams a/k/a Alphonzo Williams, Zelma Hawk, William Sneed,C.E. Gentle,Jr., Dala Corporation Public Hearing July 12, 2017 City Council Election District Bayside Request 44, Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) \ Staff Recommendationo. P Approval �� �. 3 f , Staff Planner ., II Robert Davis e %•,, _ _ 1FOPv Of f P Y Location ii z 1337 Reedtown Road . 'sg GPIN ' 1478680720 k”'S,P4, S 1 Site Size CIV E. 4�t 1.07 acres AICUZ Less than 65 dB DNL Watershedr,At;;, •• 7 , .. ....' `' •,, Chesapeake Bay , .,4 -• -1 .31,,, '''- ,,,'.x-' s,\...,, , '4t . - . Existing Land Use and Zoning District • .3 ,.."'.'`,4 • Ir't�4 '`,'.� 4 , . Undeveloped /R-15 Residential Surrounding Land Uses and Zoning Districts , . ' ;. �.�`' ♦,t North .s�4 i • A, �. ' Single-family dwellings /R-15 Residential - '- _ ' ~•I• C South ,,.r 4 • Single-family dwellings /R-10 Residential '- I • y .,•,..) • �_�' pbt ,. r . • East - '' t „.; . t? Single-family dwellings /R-15 Residential I'i' -4 '' =,t•' West " . •+i; Townhouses /R-2.5 Residential -'f :N { NU— •:L.;‘ '� Real Investment Associates, Inc. Agenda Item 5 Page 1 Background and Summary of Proposal • The 1.07-acre parcel is located in an area known as "Reedtown" and is currently is owned by 18 individuals and entities. • The property is being sold by court order in a partition suit in order to pay back taxes and liens and to provide the owners with their equity. • The request is to subdivide the parcel into two lots. Each lot will contain 23,387 square feet, thereby exceeding the minimum lot area requirement of 15,000 square feet. Lot A is proposed with a lot width of 68.72 feet and Lot B is proposed with a lot width of 57.16,rather than the 100 feet required in the R-15 Residential District, thus Subdivision Variances to lot width are requested for both lots. Ivo 1305 111E I''.i.:SIR.FJUI:F1,•-1 1316 uu 1317 \ `- \ /1310 1303 3 •.,\ 1)3!REED•t1J RL 171}FEE151 V.N1 Rp 1345 Lot A Lot B • IW — 333 a -118d51R r+115s1,11 1333REE015.,5RI RC. 40.6 MSS Required (Single-Family Dwellings) Proposed Lot A Proposed Lot B Lot Width(feet) 100 68.72* 57.16* Lot Area(square feet) 15,000 23,387 23,387 *Subdivision Variance required for lot width. Real Investment Associates, Inc. Agenda Item 5 Page 2 r ; O ? 1i 7F - 5 p • R 30 No Zoning History to Report ® - b g � /41/ ,' Application Types CUP-Conditional Use Permit MOD-Modification of Conditions or Proffers FVR-Floodplain Variance REZ-Rezoning NON-Nonconforming Use ALT-Alternative Compliance CRZ-Conditional Rezoning STC-Street Closure SVR-Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. (p. 1-61) Natural and Cultural Resources Impacts The property is within the Chesapeake Bay watershed. The site is heavily wooded. There does not appear to be any significant cultural features on the site. Public Utility Impacts Water Each lot must connect to City water with a single and exclusive water tap and meter. There is an existing four-inch City water main along Reedtown Road. Sewer Each lot must connect to City sewer with a single and exclusive sewer tap. There is an existing eight-inch City sanitary sewer gravity main along Reedtown Road. Real Investment Associates, Inc. Agenda Item 5 Page 3 Evaluation and Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the zoning ordinance incorporated by reference in this ordinance. The applicant is requesting a Subdivision Variance to subdivide this very large lot into two parcels. This 1.07-acre parcel is excessive in size for this neighborhood and possesses sufficient lot area for three single-family dwellings; however, the lot width requirement limits the by-right development of the site to one single-family dwelling. As proposed, the two parcels will each have a larger lot size than many of the surrounding existing lots. The proposed subdivision is consistent with the land use pattern in the vicinity, as evident by review of the zoning history map attached to this report. The cul- de-sac where the lot is located contains a mix of parcels zoned R-10 and R-15 Residential District, each with a unique configuration. Staff believes that granting of a variance will not result in substantial detriment to adjacent properties and will not adversely affect the character of the neighborhood. Recommended Conditions 1. When the property is subdivided, it shall be in substantial conformance with the layout depicted on the plat entitled "PRELIMINARY EXHIBIT FOR RESUBDIVISION OF PROPERTY OF DALA CORPORATION (D. B. 3405, PG. 875) VIRGINIA BEACH, VIRGINIA," prepared by WPL, dated April 10, 2017, with no more than two parcels - Lot A and Lot B. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Planning Department and Community Development. 2. When LotA and Lot B are developed, the dwelling for LotA when constructed shall substantially adhere in appearance and size to the submitted elevation entitled A4 OBH-200 Model "B" and the dwelling for Lot B when constructed shall substantially adhere in appearance and size to the submitted elevation entitled A5 OBH-200 Model "B",prepared by Ocean Bay Homes. Said elevations have been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 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. Real Investment Associates, Inc. Agenda Item 5 Page 4 Proposed Site Layout RESUBDMSION OF THOROUGHOOOD ESTATES SEC1101 38 I --\ /� 8/P (M2 133.PG.21) to 114 SIT! 5tI3UUR D NEWS a ZONING',R-IS / �/'r 7RMp11UND t NEWC JR / w \ . at 20131021801250510) 25'(ANOSCOPE BUFFER ` --, -\ '� f- 1476 -4815'DRAINAGE EASEMENT LOT IIAEPEICE'NCE MS REA:CAW TRUST It (M.8. 1 17.PG. I B) ��\ _--- _ (M.B.133,PG.21) NUMDm 2812061DDp yap) 10'DRAINAGE EASEMENT ` ", 7 -___ -• - CAN 149-66-1874 1 WAY DR (MB n7.PG 1e) xn. r _ Ei r - 4eR` /yam\ 1 _ __ 85 !h Jr�„B, `36.6 !,0/// / L RD N / / /478. 940 / / ' / / LOCATION MAP . p6 Eo7,- - -;\ / SCALE : .. 500' i .„66 `Z ) NA Ye- -' - / / NFP GORPORAIM MAX 1A D•11iE MID LOT AREA TABLE - 7.5'-/ t07 se / / PYA R&OWE J COULTER ... .. 1 . 'ux, l / (D.9.3405,PG.975) _ (w.2o181aoloao9owla) - - r 6-56.940) / 7 :•°N: '475-6a-074 Lot B GM..1476-66-1668 ,( --- _ / (Y.8 167,PG 23) LOT AREA / , / EXISTING PARCEL ---v / 20490:R-15 (SO. F7.) (AC.) 7.5'j---- -- 15'DRNIMGE ESSEIEM N- (M&117,PG.18) MA CORPORATUN 46.774 1.074 67 Coe/ 0' 7 • - O -- / I - mss • &754) /1 l _ AREA e7rs / / L o t A e PROPOSED PARCEL (sa FT)T AC.) `• ' '!01�)I • / -.• A 23,387 0.537 "SSSS 'or -- / I i. / 8 23,,387 0.537 Qo 7423 45 / •: / 25'RIGRESS/EGRESS A7_ ) / P EASEMENT / / / (MB.55,PG.23) `7' NR -- / ? / A y1./ m,sJ2��sr / / 4 t4 /• .74b / / / - / I r l /A O L r .4.03.3}1 pA e // Y/ ~ %1/ `et / /0 /I \ D4 . / ' RIC NERa ' Lie. 2904 4/6 \ 1115 / LOT I LOT 2 6: a 66/23/1017 A /71k WR1(a TM 804EITAY \ RC9011 a.w(1 590101 '/ O 2001062 ,3A3340) rob.4100PG 1065) D1:1476-56-6565 " GP9t 1476-58-9547pA(LLB 225.PC 74) (W 8.225,PG.74) .C.{S,fr T 4/y ) 20144.R_10 \ 21X8110 R-1p ��`,}� REiED• O(5�2P5 ?) ` 74) `! n /9,8.2385' • D.B CURVE TABLE CLARK 11401C15 ART 200.1% CMNO 154x-73/ CHOW bF46AC 0,5VA 488( ,AA17fti7// CI 5000' 46.87' 45.17' N 6J1MJI'E 53Y2J6 25.32 a sago' 36.67' .17.71' N srSR C 4'10 o. PRELIMINARY EXHIBIT FOR C3 50.00' 477' 41.40' N 69.29 '( 4200 3122.. 04 3000' a,o' aio' a3r36',.5-E 4'Izor' d3' RESUBDIVISION OF CO 3000' 3567' 3.7,' N Sr56"96`C 44-,6:30• 20.36' PROPERTY OF 30 15 0 30 bo 90 Feet DALA CORPORATION (D.B. 3405, PG. 875) GRAPHIC SCALE VIRGINIA BEACH, VIRGINIA APRIL 10. 2017 1- - 30' Real Investment Associates, Inc. Agenda Item 5 Page 5 Proposed Elevations p • t I [p. . 1 .3 - _ ._____,I -% '..,. I I : __ II m�� FRONT LUNATION-.C_RgfTS"A\•! - _!DATION-CRAFTSMAN.11 W vE 0.4 OQ� h/i El Ef] E] i_47! u T T IlL - - 4. _ _. 1 I n item!e_e!AT ON-CRAFTSMAN.I 10.J6+41 E..EVATION-CRAFTSMAN 81 .. xnt ••r A4 Real Investment Associates, Inc. Agenda Item 5 Page 6 Proposed Elevations A i, I — I � - -I FRONT LI.LVAT Q\-Q–4071mA\•t LLAT L.LVATiG\ - cR-.-S"4\.2 �0Q 01-9 X "_, oY( 4° - , nr4 zir .... .7. 01 f.tt,,gi tivz ..., W .... .;., Ei 1 I E._j ..i, RLAR L�LVAT�QN�RAFTgVAN*2 RiSHT L_LVATION-CRAFTSMAN•g �, ..4- ,� A5 Real Investment Associates, Inc. Agenda Item 5 Page 7 Site Photos - -.,� _ ,,, 11111111 OR -7 4.110,.._ , r Yn si � 1 ! !r t iliAtaritA.811.461.141 - , - -7.---:---At\-- -' 13/1 i , t LA.. .4. , ,.--,, _ ..". -. .. ,- ,..„... ..„ ... .., . ..,... ... ‘„, - • -A, - -c.: t.' - - II"-' x _j_ , ! .42k Real Investment Associates, Inc. Agenda Item 5 Page 8 Disclosure Statement B Virginia Beach APPLICANT'S NAME Real Investment Associates, Inc. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes 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 XSubdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • e SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/oil disc losul es muss he updated w.o 12 weeks pno. to Planning Commission and C.ry Council Meeting,Irak peltaws to Ole ep[l,taLonIs V Pdg 2 1 of 7 y APPLICANT NOTIFIED OF HEARING DATE �/� 'll/^y�fI IN NO CHANCES AS OF DATE 7/1/17 V/ ,4 Robert Davis L_), REVISIONS SUBMITTED _ DATE /I V/4' ' Real Investment Associates, Inc. Agenda Item 5 Page 9 Disclosure Statement Virginia Beach 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:Real Investment Associates Inc. If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach lin if necessary) Brian C. Large, President Howard R. Sykes,Jr., Vice President;Secretary; Treasurer NO List the businesses that have a parent-subsidiary I or affiliated business entity z relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 , SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Avnlicent. I5< Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. El Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name See Attached List If an LLC, list the member's names: -- — Page 2 of Real Investment Associates, Inc. Agenda Item 5 Page 10 Disclosure Statement OWNER'S DISCLOSURE Owner Interest Walter Land 20/1680 1/84 1.19047619% Paulette Christine Land 20/1680 1/84 1.19047619% Cheyenne Land 20/1680 1/84 1.19047619% Stanley Lee Land 90/1680 3/56 5.357142858% Joseph Edward Land, Sr. 90/1680 3/56 5.357142858% Rhonda Hudgins a/k/a 15/1680 1/112 0.892857143% Ronette Hudgins Randy Hudgins 15/1680 1/112 0.892857143% Rodney Hudgins 15/1680 1/112 0.892857143% Raymond Hudgins, Jr. 15/1680 1/112 0.892857143% Margie Ree Baxter 60/1680 1/28 3.251428572% Raymond Lee Hawkins 12/1680 1/140 0.714285714% Lorna Williams a/k/a 12/1680 1/140 0.714285714% Elona Williams Edward James Williams 12/1680 1/140 0.714285714% a/k/a Argan Williams Patrick Williams 12/1680 1/140 0.714285714% Dunk Williams a/k/a 12/1680 1/140 0.714285714% Alphonzo Williams Zelma Hawk 21/1680 1/80 1.25% William Sneed 21/1680 1/80 1.25% C.E. Gentle, Jr. 168/1680 1/10 10% *Dala Corporation 1050/1680 5/8 62.5% (Robert S. Lindsley, Jr., President/Secretary/Treasurer) Co-Special Commissioners: John W. Richardson,Esquire Wolcott Rivers Gates James A. Evans, Esquire Evans& Bryant, PLC Real Investment Associates, Inc. Agenda Item 5 Page 11 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (8) List the businesses that have a parentsubsidiary 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 onecorporation directly or indirectly owns shares possessing more than 5o percent of the voting power of another corporation' See State and Local Government Conflict of Interests Act,Va. Code§2.3 3101. 3 'Affiliated business entity relationship relationship, other than parent subsidiary relationship,that exists when(0 one business entity has a controlling ownership interest in the other business entity,iii)a controlling owner in one entity Is also a controlling owner in the other entity,or (i iii there is shared management or ontrol between the business entitiesfactors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person ownmanage the two entities, there are common or commingled funds or assets, the business entities share the u of the same offices or employees or otherwise share activities. r urces 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 g 2.2-3101 e SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the spbiect of the appIj jion or any business operating or_tp 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 ARF DIFFERENT, EACH MUST COMPLETE THE SECTION SE PERATELV Page 3 of 7 Real Investment Associates, Inc. Agenda Item 5 Page 12 Disclosure Statement APPLICANT Virginia YES LNOI I SERVICE PROVIDER{use additional sheets If ❑ a Accounting and/or preparer of I� I your tax return ❑X lit Architect/Landscape Architect/ Ocean Bay Homes Lard Planner Contract Purchaser Of other than ❑ ® the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed L ® purchaser of the subject property (Identify purchaser(s)and f� purchaser's service providers) I I Construction Contractors J��j, Engineers/Surveyors/Agents WPL Financing(include current TowneBank Ip ❑ mortgage holders and lenders I/� selected or being considered to provide financing for acquisition or construction of the property) ❑X n Legal Services Sykes,Bourdon,Ahern&Levy,P C Flea! Estate Brokers/ -- — © Agents/Realtors for current and I anticipated future sales of the I I — I.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 n the name of the official or employee and what is the nature of the interest? The applicant is unaware of any employer/employee relationship between any of the 18 owners and the City of Virginia Beach. Page 4 of Real Investment Associates, Inc. Agenda Item 5 Page 13 Disclosure Statement VB Virginia Eeach EDIFICATION: 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 Applicatio . Howard R. Sykes,Jr.,VP APPLICANT 5 SIGNATURE ' PRINT NAME DATE Reel Investment Port 'Nee,Inc. I Page 5 of] Real Investment Associates, Inc. Agenda Item 5 Page 14 Disclosure Statement OWNER Virgin [VES] INOI I SERVICE I PROVIDER vise addition sheets it needed) ri `i1 [Accounting and/or preparer of — —_ your tax return H M Architect/landscape Architect/ --� land Planner ❑ ContractAmaliPurchaseridentf ify her than ��� Ithenpurchase s erve purchaserovider and purchasers service providers Any other pending or proposed I I [01 purchaser of the subject property Ll I/�� (Identify purchaser(s)and purchaser's service providers) D A -Construction Contractors ❑ Z Engineers/Surveyors/Agents Financing(include current ❑ 4 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ ® I Legal Services [Real Estate Brokers/ • ❑ ® Agents/Realtors for current and anticipated future sales of the I subject property _ _._ _ 4 e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Reach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest) Page 6 of Real Investment Associates, Inc. Agenda Item 5 Page 15 Disclosure Statement XB vuyjnia 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 meetin• 'eting of any public body or committee in connection with this Ap. atio �iI, John W. Richardson 410 Ili- MOVER OWN ...SIGNATURE PRINT NAME _ DATE Co-Speaal Commissioner Page 7 of 7 Real Investment Associates, Inc. Agenda Item 5 Page 16 Disclosure Statement VB Virginia Beach r CERTIFICATION: certify that all of the information contained in this Disclosure Statement form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council. VBDA meeting, or meeting of any public body or committee in connection with this .Application. _ g . James A.Evans. xNVkxry UWNFa�S�frvaiU0.( t CPRINT NAME DA FE V6/( co-sv celCwnmiaeion `(=1F_rj Page 7 of Real Investment Associates, Inc. Agenda Item 5 Page 17 Item#5 Real Investment Associates, Inc. Subdivision Variance 1337 Reedtown Road District 4 Bayside July 12, 2017 CONSENT An application of Real Investment Associates, Inc.for a Subdivision Variance (Section 4.4(b)of the Subdivision Ordinance)on property located at 1337 Reedtown Road, District 4, Bayside. GPIN: 1478-68- 0720-0000. CONDITIONS 1. When the property is subdivided, it shall be in substantial conformance with the layout depicted on the plat entitled "PRELIMINARY EXHIBIT FOR RESUBDIVISION OF PROPERTY OF DALA CORPORATION (D. B. 3405, PG.875)VIRGINIA BEACH,VIRGINIA," prepared by WPL,dated April 10,2017,with no more than two parcels- Lot A and Lot B. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Planning Department and Community Development. 2. When Lot A and Lot B are developed,the dwelling for Lot A when constructed shall substantially adhere in appearance and size to the submitted elevation entitled A4 OBH-200 Model"8"and the dwelling for Lot B when constructed shall substantially adhere in appearance and size to the submitted elevation entitled A5 OBH-200 Model "B", prepared by Ocean Bay Homes.Said elevations have been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item 5. AVE 10 NAVO ABSO ABSENT I HODGSON AVE HORSLEY AVE INMAN ABSENT 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 5 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. CiV 11 ' l 5 ' t I,S ::----,...,...,...-----.7„.....,) IIIA y .r.� . ,9 \ ., , N \\\ V.,. I, , 1 1 tti Q ' ' ' • l 1 \\ \ J E s .--V ., I .,,,_II. ' ' '�' �� 5 ti 0, NV ' s `41 r'ti 1 a� C ' � 1, c �ti, 'til• , �1 s-''' 11''1 _ _ 1 ti 1I r „I\ ,, • i 11 �1 1 ,I_ - ,I ,I I 1 _ II 1 \ \ 'I 1 1 Cc . . I. . , \ 4. I\ t _ . t \ It \ I\ t - - i .,1 i li ' } 1 1 \ ., . , t„ , . , • , V.J �1 4 ,, 'j 1 ti, ti.., ,... 1lit, ..I I� ''1, - - ' 41 11 ',I •111 �,11 1iIl 1 � I -- I 1 1 1 �, �, , I I ti� l^ '' �' 1''1 �� 1 , It, �'I I `.1' 11 '�,I 1, '', - - ' ''1 ''II1 1'', 1.I ' ' r ~ 11 I', '1 y` I 1', 1. I II , t�s. 0 0 'y 1 l 'r 'I1, '� '1si , 7'"'ti '1 ILN ti 73 ILO I. • 1I i, \ 11\ .• 1 I', , '1 -' , Iii • Al .11 II 1\i 1, '' ',' '' - I' � ' 1t It--`I II I .1 1 1 1 'tiI ,L J x,11 'I - 11' 11 111 1,1 ` 1 ti � 1. II 1 1 1 - 1\ 1 11 Il } ', AI 1 II 4 1 1 } i\ 1 • :;‘� '', 1 1 it 'I 1 1 I 1 ; 1 1 I, lilt \\.\\\\ grm \,11 ti i III\ 1 I II 1 11 ' 11 il 11 1 'ti i til ''1 '' i tiI tip, ��� [ i( CITY OF VIRGINIA BEACH AGENDA ITEM f ITEM: JAMES GRUSZECZKA [Applicant] MONA AVE & ASSOCIATES I, LLC [Property Owner] Enlargement of a Nonconforming Use (Duplex on a lot zoned R-5S Residential District) 406 27'" Street (GPIN 2418909472). COUNCIL DISTRICT— BEACH MEETING DATE: August 15, 2017 • Background: Two duplexes, for a total of four dwelling units, are located on this 7,000 square- foot lot. City records indicate that both duplex structures on the site were built in 1946, prior to the adoption of the Zoning Ordinance. In order to expand the existing duplex's footprint, the applicant requests approval for an Enlargement to the Nonconforming Use. • Considerations: This block is a mixture of R-5S Residential and Apartment zoning districts, within the Old Beach Overlay, and contains single-family dwellings, garage apartments and multi-family structures. Properties that are zoned Apartment District in the Old Beach Overlay have the ability to develop two single-family dwellings on a single lot as a matter of right. The Old Beach Overlay also allows for a 500 to 800 square-foot garage apartment in addition to a single-family dwelling on properties zoned R-5S Residential District. The applicant currently lives in the first floor unit of the northern duplex and would like to expand the square footage by approximately 136 square feet for a bathroom and a walk-in closet. The proposed improvements will be in the same footprint where a mechanical room was formerly located, preserving a 10-foot side yard setback. Further details pertaining to the request, as well as Staff's 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. With the exception of any modifications required by any of these conditions, the expansion of the building shall be in substantial conformance with the submitted layout entitled "PROPOSED James Gruszeczka Page 2 of 2 RENOVATION & ADDITION, 406 27TH STREET", prepared by Walter Parker. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning & Community Development Department. 2. The design, size and materials of the addition shall be substantially in conformance with the submitted elevation exhibits entitled "PROPOSED RENOVATION & ADDITION, 406 27TH STREET", prepared by Walter Parker. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Planning & Community Development Department. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Ordinance Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De m ency: Planning Department c ,uNt,A, 4 City Manager: �/ 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 406 27TH STREET 4 5 WHEREAS, Mona Ave & Associates 1, LLC and James Gruszeczka, (hereinafter 6 the "Applicants") have made application to the City Council for authorization to enlarge a 7 nonconforming use located at 406 27th Street in the R-5S (Old Beach Overlay) 8 Residential Zoning District by enlargement of a duplex located on the parcel; and 9 10 WHEREAS, the parcel contains a duplex dwelling, which is not a permitted use in 11 the R-5S Zoning District, but was built prior to the adoption of the applicable zoning 12 regulation and is therefore nonconforming; and 13 14 WHEREAS, the Applicants want to enlarge the nonconforming duplex by 15 approximately one hundred and thirty six (136) square feet; and 16 17 WHEREAS, the Planning Commission of the City of Virginia Beach 18 recommended approval of this application on July 12, 2017; and 19 20 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 21 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 22 City Council authorizing such action upon a finding that the proposed use, as enlarged, 23 will be equally appropriate or more appropriate to the zoning district than is the existing 24 use. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the City Council hereby finds that the proposed use, as enlarged, will be 30 equally appropriate to the district as is the existing nonconforming use under the 31 conditions of approval set forth herein below. 32 33 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 34 BEACH, VIRGINIA: 35 36 That the enlargement of the nonconforming use is hereby authorized, upon the 37 following conditions: 38 39 1. With the exception of any modifications required by any of these 40 conditions, the expansion of the building shall be in substantial 41 conformance with the submitted layout entitled "PROPOSED 42 RENOVATION & ADDITION, 406 27TH STREET", prepared by Walter 43 Parker. Said plan has been exhibited to the Virginia Beach City 44 Council and is on file with the Planning & Community Development 45 Department. 46 47 2. The design, size and materials of the building shall be substantially in 48 conformance with the submitted elevation exhibits entitled 49 "PROPOSED RENOVATION AND ADDITION, 406 27TH STREET", 50 prepared by Walter Parker. Said elevations have been exhibited to the 51 Virginia Beach City Council and are on file with the Planning & 52 Community Development Department. 53 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: L-I A:* rry Fran nfield B. Kay Wilson Planning partment City Attorney's Office CA14093 R-2 June 28, 2017 2 Applicant James Gruszeczka Agenda Item Property Owners Mona Ave & Associates I, LLC Public Hearing July 12, 2017 ach nryof City Council Election District Be Virginia Beach Request ,.z2 mH'd,aei lin,wre‘ Enlargement of a Nonconforming Use 7 71" tl,'' 161" 16Th,f N1 Staff Recommendation 3 Y' ,TMS` ,,,„,vim` Approval '`'TM nTM w' Staff Planner u�w`r6^"`Y 1. )01,864.‘ St 70.76 0B OW 66 70 dB OM Jonathan Sanders i r 3 ITh• •t 2"dµ t I. Location ,.�sv"'`x� ��+��,�,.,.« ` 406 27th Street / :1,,, '" GPIN a /%,,b41" k 24189094721,•>0.-.., "`S a 7 .- q Site Size �°" pm "` 7,088 square feet 7N+ "TM���r' AICUZ 65-70 dB DNL; Sub-Area 1 Watershed Chesapeake Bay Existing Land Use and Zoning District Two duplex residential dwellings / R 5S h �Z�1 �`F , 4- 1 t 1 1 Residential, Old Beach Overlay C :\_>-* wr 1Y s'`y� y . tR Surrounding Land Uses and Zoning Districts i T7sn sc �c �^'= ^As `rL ,..._ North - • - r F.ill t 1 27th Street .. w Single-family dwellings / R-5S Residential, Old 4'.1Beach Overlay ' • �, , �, Southr , ; 26th %2 Street • -�c te �,. Single-family dwellings /A-12 Apartment, Old Air. -- � �.�-;r. , v , Beach Overlay � ' L ` r • East .. ,t Single-family dwelling /R-5S Residential, Old k . r.,,•,_ , . .:„ . 4. • ' ,. Beach Overlay 1 Al West Single-family dwelling/ R-55 Residential, Old Beach Overlay James Gruszeczka Agenda Item 1 Page 1 Background and Summary of Proposal • Two duplexes, for a total of 4 dwelling units, are located on this 7,000 square foot lot. City records indicate that both duplex structures on the site were built in 1946, prior to the adoption of the Zoning Ordinance. • The site is zoned R-5S Residential District and as such, a duplex, yet alone two duplexes, is not a permitted use within this zoning district. • The applicant currently lives in the first floor unit of the northern duplex and would like to expand the square footage by approximately 136 square feet for a bathroom and a walk-in closet. The proposed improvements will be in the same footprint where a mechanical room was formerly located, preserving a 10-foot side yard setback. In order to expand this duplex's footprint, the applicant requests approval for an Enlargement to the Nonconforming Use. • The proposed exterior building materials for the addition will feature vinyl siding and asphalt roof shingles that will match the existing structure. ORSS ++ �' P-1 twoTM . A-12 Zoning History zo A_1Y_- # Request 1 a DNL 1 REZ(R-5S to RT-3)Approved 06/27/1995 c. REZ(R-5S to P-1)Approved 06/27/1995 z '• 4�� _ g 2 NON(Enlargement)Approved 05/16/2017 3 CRZ(R-7 to Conditional A-1)Approved 09/13/1982 i \ 1 4 NON(Garage Apartment Conversion)Approved A.12 \ '� -- 12/17/1996 �„•a l I6TM A 1,, Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations This site is located within the Resort Area Strategic Growth Area (SGA). The Resort Area Strategic Action Plan, adopted in 2008, is the master plan prepared for this SGA and identifies the potential for three distinct yet complementary districts: Laskin Gateway, Central Beach and Rudee Marina. The Plan provides a vision for enhancing the energy at the beach into these three areas by developing synergies between the cultural and commercial life, the recreational and the natural life, and an overall focus of drawing residents and visitors into the area. The site is also located within the Old Beach Overlay District. The goal of the Old Beach District is to preserve and enhance the historic status of the Old Beach Neighborhood as one of the first residential areas within the Oceanfront Resort Area by providing opportunities for both new and redeveloped resort residential development. The District encourages single-family cottage-style homes and compatible multi-family residential dwellings. James Gruszeczka Agenda Item 1 Page 2 Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 27th Street No Data Available No Data Available Existing Land Use 1-40 ADT Proposed Land Use 2-40 ADT 26th%Street No Data Available No Data Available 1 a s defined by a duplex dwelling 2 as defined by two duplex dwellings Public Utility Impacts Water &Sewer This site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation The proposed addition for a bathroom is small in scale and will not extend any farther into the setback than the existing structure. The proposed elevations are in keeping with the scale, proportion and design of the existing duplex and with other residential structures in the vicinity. Therefore, in Staff's opinion, the expansion of the first floor is very minimal and is a reasonable request. Based on the considerations above, Staff finds the request to be acceptable and recommends approval subject to the conditions below. Recommended Conditions 1. With the exception of any modifications required by any of these conditions, the expansion of the building shall be in substantial conformance with the submitted layout entitled "PROPOSED RENOVATION & ADDITION, 406 27T" STREET", prepared by Walter Parker. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning & Community Development Department. 2. The design, size and materials of the addition shall be substantially in conformance with the submitted elevation exhibits entitled "PROPOSED RENOVATION &ADDITION, 406 27T" STREET",prepared by Walter Parker. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Planning & Community Development Department. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code,including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. James Gruszeczka Agenda Item 1 Page 3 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. James Gruszeczka Agenda Item 1 Page 4 Existing & Proposed Site Layout *1 020.03 0[GL AR[ THAT OM ARIL'2,114L �'[ NIRVET[D TM( PROKRTT 00001 N[REON •THAT THE TITL LINE[ AND TK OALLN Or TME NVILO001(1 M[ Al NMO00•THAT TPI[ 'VILDINN iE1 NTANO ETRICTL0 WITHIN THE 4 0 ARE NO ENCNOACMIIENTN Or OTHER 'VILOVINN ON THE PNOKNTT EXCEPT Al 'MOON. AM2 TWAT . • C <Tip. APP[ARI TO PALL WITHIN 3001 C AN NMOW% 0* THE 01010 M. [N NENCT ■ANANEM[ j/`,�' HCV PL000 I- INNVNANC[ NAT[ MAP IOP THE CITY 1AAAA D NELOW, CONTINUITY NO 5 T[•/ .1*POO CAPED '[vino 1•n-es ��� oma. At `- ...4......._,.../..a.,.ix ENGINEERING SERVICES ,INC.- BY, ���•% -P !R. SER • P. SRUNICK ,JR., •rf .No, 5R 1 l0 PROFESSIONAL LAND URVEYOr°• / 111252 • JI 271k STREET ( 60'1 `'hosunvEy°P 1. Cs 4,(s c 5000' 4' 20.00 120.oa' .P• Pr.' 1 r a"N is "..F e. 4.A' .... l'"6 Proposed kt.SOR Fa HE_ x ai Addition c e [r. o �r1 0L._ o , e u 0 sr L:=1 dW —0 U ' 2 i C • ,P.,, f'.• •I e 2 STORY D L O[CON L raL .n A ALO' 40' , �: c „50.00' sy. 20' R/W GI,111 i.E REPORT WAS FURNISHED TO ) THE SURVEYOR PRIOR TO THE EXECUTION j 1, OF THIS SURVEY. 1 PHYSICAL SURVEY OF LOT 10 AND THE WESTERN 20' OF LOT 8,BLOCK 97 MAP *6 PART OF PROPERTY OF VIRGINIA BEACH DEVELOPMENT CO. . 406 27th STREET VIRGINIA-BEACH ,VIRGINIA FOR • JAMES M. GRUSZECZKA raf11Lengineering services inc • I_ 1 1 Civii Engineering -- Land Surveying 3351 Stoneshore Rood Suite 100 Virginia Beach Virginia 23452 (804)468-6800 PRO.) 06057 DATE• 4.3-96 SCALE, l 25' DrH' G.A. MAP lops( 5 0.9.103 cw. 13458 me 3o4 ,►S. 120 1 James Gruszeczka Agenda Item 1 Page 5 Proposed Floor Plan KEYa..COMP— - CODE W1 30•w m'2&3.113C a'2 C=7 cc...v.c.o.- aCU IES Cater x1Ol WEE 36 v I 7 R MO OW I IE YEN - "`'...••• MCI-,MC OW LVCYME B Pedroom #2 1 Nall ` — ' p, - 2 Master 'a bedroom #2 t3edram # , ;[..cl Path '. -v-L--' CU I X 9 0' , A o Cl1 a ` I Mas. e' II II WC _ 6 - 28.., -11'-458'.114g ' ir 6'-IV-" f Proposed flag plat `fir I/40-r.o. James Gruszeczka Agenda Item 1 Page 6 Proposed Elevations I - \ {�fd11�ite CCtU �71MIG�C � b f'chGr (to S �Z ���inhp�l ni�eiiiii�� ' ►_ aydI Match Ei zlStinG1) i'3 n,. ..i111111111111111111•1•11111111111111111111111111111m -' It I Eill ■ail InLXISIII�(A �tilu.1. A(Glll{CGGrdIICS ■■■ Pewter Gray(fo Mallin Exlstanq) a . MP / 2 -=—.... pa le h"Dutch Lap Vinyl 5idrq --- 12 7roposed Picht Side levatlai Cape Cod Gray(fo Match Existvq) 6I,i kc I/4"•Ica' M ,..k- MIN c In ■■■ O �3 In! c•• ■q■ EXI511N 1-10U% 111111111M1 .:1-I Pr" ',Fra$EIevatiat ---Polies 5"Paten Lap V14 So, — -- 5.Ar1/4'•I'Q" C-veuci6 4(romaw,Es.**) James Gruszeczka Agenda Item 1 Page 7 Site Photos • .;1.1:ii. al .,.,. ' LI n .. . .:. ... HL., _ 1 , ... llItI ......... ..,_ __ 1 1 , 1 . .. , ...,_ _ ,. :_.........,...... . .__ \ _ .,. tt/P ift, t • ,,. ...,,. ANIIIPIL7 ' ' -a ... H i _ Iv F. .. .„ ---- Jaiti I i ril 1 1,,, i 4 t 40611111166' _''' IL ... 000 hit ' i *el - _ James Gruszeczka Agenda Item 1 Page 8 Ordinance 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 406 27111 STREET 4 5 WHEREAS, Mona Ave&Associates 1, LLC and James Gruszeczka,(hereinafter 6 the"Applicants")have made application to the City Council for authorization to enlarge a 7 nonconforming use boated at 406 27th Street in the R-5S (Oct Beach Overlay) 8 Residential Zoning District by enlargement of a duplex located on the parcel;and 9 10 WHEREAS,the parcel contains a duplex dwelling,which is not a permitted use In 11 the R-5S Zoning District, but was built prior to the adoption of the applicable zoning 12 regulation and is therefore nonconforming;and 13 14 WHEREAS, the Applicants want to enlarge the nonconfomdng duplex by 15 approximately one hundred and thirty sbc(136)square feet;and 16 17 WHEREAS, the Planning Commission of the City of Virginia Beach 18 recommended approval of this application on July 12,2017;and 19 20 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 21 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 22 City Council authorizing such action upon a finding that the proposed use, as enlarged, 23 will be equally appropriate or more appropriate to the zoning district than is the existing 24 use. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH,VIRGINIA: 28 29 That the City Council hereby finds that the proposed use, as enlarged, will be 30 equally appropriate to the district as Is the existing nonconforming use under the 31 conditions of approval set forth herein below. 32 33 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 34 BEACH,VIRGINIA: 35 36 That the enlargement of the nonconforming use is hereby authorized, upon the 37 following conditions: 38 39 1. With the exception of any modifications required by any of these 40 conditions, the expansion of the building shall be in substantial 41 conformance with the submitted layout entitled PROPOSED 42 RENOVATION &ADDITION, 406 27TH STREET', prepared by Wafter 43 Parker. Said plan has been exhibited to the Virginia Beach City 44 Council and is on file with the Planning & Community Development 45 Department. 46 James Gruszeczka Agenda Item 1 Page 9 Ordinance 47 2. The design, size and materials of the building shall be substantially in 48 conformance with the submitted elevation exhibits entitled 49 "PROPOSED RENOVATION AND ADDITION, 406 27'" STREET", 50 prepared by Walter Parker. Said elevations have been exhibited to the 51 Virginia Beach City Council and are on file with the Planning & 52 Community Development Department. 53 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: / [Za rFran pnfield B. Kay Wilson Planning Ir-partment City Attorneys Office CA14093 R-2 June 28,2017 2 James Gruszeczka Agenda Item 1 Page 10 Disclosure Statement Virginia Beach APPLICANT'S NAME JAMES GRUSZECZKA DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development -- Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Appeals Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay --- Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board s The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE . , r Page I of 7 /lf JS Jonathan Sanders f7 s a James Gruszeczka Agenda Item 1 Page 11 Disclosure Statement AB Virginia Beach XCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name._ - 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) (6) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant. (Attach list If necessary) See next page for information pertaining to footnotes' and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner h different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. Lx Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization,AND THEN complete the following. (A) Liv the Property Owner's name'.MONA AVE&ASSOCIATES I LLC If an LLC, list the member's names.JAMES GRUSZECZKA Page 2 of) James Gruszeczka Agenda Item 1 Page 12 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner (Attach list if necessary) 'Parent-subsidiary relationship' means 'a relationshipthat exists when one ne otshares f edirectly or eiStarowns more Than 5o percent e voting power o/another cororation'See Stare and Local Government Conflict of interests Act Va Code §21-3101. "Affiliated business entity relationship" relationship, other than parent-subsidiary relationship, that exists when(i) one business entity has a controlling ownership interest In the other business entity, 00 a controlling owner in one entity is also a controlling owner in the other entity, or (Ili) there is shared management or ntrol between the business entitiesfactors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person ownmanage the two entitles;there are common or commingled funds or assets; the business entitleshare the use of the same offices or employees or otherwise share activities, resourcesor personnel on a regular basis; or there Es otherwise a close working relationship betweenthe entities." See State and Local Government Conflict of Interests Act, Va.Codes 2.2-3101. a SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY - -_ -_ Page 3 of James Gruszeczka Agenda Item 1 Page 13 Disclosure Statement APPLICANT Virginia Beach YES rNOI I SERVICE 1 PROVIDER lueeAdditiow sa.enundue V Accounting and/or preparer of �\ your tax return I^ Architect/Landscape Architect/ WALTER PARKER LJ land Planner _ Contract Purchaser(if other than 1 the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ® purchaser of the subject property LJ (identify purchaser(s)and Mpurchaser's service providers) _— Construction Contractors Engineers/Surveyors/Agents ENGINEERING SERVICES INC Financing(include current ❑ ❑X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) u ❑X Legal Services Real Estate Brokers/ - I Agents/Realtors for current srot and anticipated future sales of the sub ect property e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YESNO Does an official or employee of the City of Virginia Beach have f z 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 lames Gruszeczka Agenda Item 1 Page 14 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. _ _ JAMESGRUSZECZRA cf/24y/0_ 'PLIUNT'S SIGNATURE PRINT NAME DATE Page 5 of James Gruszeczka Agenda Item 1 Page 15 Disclosure Statement INB OWNER Virginia LES III SERVICE iPROV1DER one additional mea:ul _ _ 1 a..a J XAccounting and/or preparer of your tax return Mfl Architect/ Landscape Architect/ WALTER PARKER Land Planner Contract Purchaser(if jahgrAgn Le Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed Z purchaser of the subject property l J (identify purchaser(s)and purchaser's service providers) ® Construction contractors _ - _- --- n Engineers/Surveyors/Agents ENGINEERING SERVICES INC Financing(Include current ❑ �j mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ( 1 Z Legal Services Real Estate Brokers/ Iii Agents/Realtors for current and L 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 y—I ® an interest in the subject land or any proposed development LJ 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 lames Gruszeczka Agenda Item 1 Page 16 Disclosure Statement NB Virginia Beach fERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A Icalion. FMMoNEs Ed-et I'Mfaeun/NCI GA C. F[T ..,w LES 4.400a4erwal 49 PROPERTY OWNER'S SIGNATURE PRINT NAME 0T Page 7 of James Gruszeczka Agenda Item 1 Page 17 Item#1 James Gruszeczka Enlargement of a Non-Conforming Use 406 27`"Street District 6 Beach July 12, 2017 CONSENT An application of James Gruszeczka for an Enlargement of a Non-Conforming Use on property located at 406 27ih Street, District 6, Beach. GPIN: 2418-90-9472-0000. CONDITIONS 1. With the exception of any modifications required by any of these conditions,the expansion of the building shall be in substantial conformance with the submitted layout entitled "PROPOSED RENOVATION&ADDITION,406 27TH STREET", prepared by Walter Parker. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning&Community Development Department. 2. The design,size and materials of the addition shall be substantially in conformance with the submitted elevation exhibits entitled "PROPOSED RENOVATION &ADDITION,406 27TH STREET", prepared by Walter Parker. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Planning&Community Development Department. 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 AYE INMAN ABSENT 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. The applicant James Gruszeczka appeared before the Commission. v . .„---------'' 8,--------------1.t . › . , . 0 yi.„..„----- , . ..., N a _.. Z ti r .------ --'\ a \ .‘,4 ..„... i ......, , ...„---- .....c.,7,, \,..\ , \.1 ,.- .0. :,.....„ .... , ... .......,_ . . , „ : › .=;..., N 0 ' .. vti-vti-,..% x 0 .11‘8. "*. °t i -'t\* . 1 ± Giys.-, :, .. , .;.„,-voct-_,::4.5,6*. ......_ .„, AN., A K) ...-` VOI6 1 oIN A 2 P.3 f%) ,:\i. 7:,f , . ' shill,r- • 70 ,N f �.le N c -13 ...... .-----'-- .. '. lk 111, ...4 1 zi4-*, 41)1 'N ' 0 N an 1�\No � . \its: Nibl \ - ' ...,la \\ _____----,....., 4,,„ ., \:\s, 71 04.1 73 O 1 W 1\., • \ ....1 f - , 0 C;ifr r v)" 44, . , 0 tL\ 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ENCLAVE AT PA BC, LLC, ENCLAVE AT PRINCESS ANNE HOA, INC., & ANTHONY HUFFMAN, JR. [Applicants & Property Owners] Conditional Change of Zoning (AG-1 & AG-2 Agricultural to PD-H2 Planned Unit Development [R-7.5]) Modification of Proffers (of a Conditional Rezoning approved November 22, 2011) NORTH SIDE OF NORTH LANDING ROAD, 2,700 FEET WEST OF WEST NECK ROAD (GPINs 1494403579, 1494406621, 1494406672, 1494407614, 1494407666, 1494408617, 1494408639, 1494409710, 1494409774, 1494409861, 1494409847, 1494409912, 1494408996, 1494418070, 1494418044, 1494418029, 1494417194, 1494417178, 1494417242, 1494417217, 1494416370, 1494416334, 1494416307, 1494416122, 1494416057, 1494416085, 1494407919, 1494407934, 1494407859, 1494407875, 1494407810, 1494406769, 1494406717, 1494405776, 1494404576, 1494413213, 1494409163, 1494408502, 1494407232). COUNCIL DISTRICT - PRINCESS ANNE MEETING DATE: August 15, 2017 • Background: In 2011, the City Council approved a rezoning for Phase 1 of the Enclave at Princess Anne. This rezoning established a 16.87-acre, 34-lot neighborhood with a zoning of PD-H2(R-7.5), which included 1.52-acre dedication to the City of Virginia Beach for the future extension of Nimmo Parkway. The applicant's current request consists of two parts: (1) rezoning 5.63 acres adjacent to Phase 1 to establish Phase 2 of the neighborhood and (2) revising the 2011 proffers to account for the addition of Phase 2 to Phase 1. The application was deferred by the Planning Commission at the June 14, 2017 public hearing, primarily to provide the applicant with additional time to consider the open space components of the plan. As a result of this deferral, the request was revised and the number of proposed lots was decreased from 19 lots to 17 lots. The request to rezone 5.36 acres to PD-H2(R-7.5), which is the same zoning as Phase 1, is for the purpose of adding 17 single-family lots to the Enclave at Princess Anne community. The parcels proposed to be rezoned for Phase 2 are located outside of any AICUZ as well as the Interfacility Traffic Area (ITA) Enclave at PA BC, LLC, Enclave at Princess Anne HOA, Inc., &Anthony Huffman, Jr. Page 2 of 3 Overlay zoning district. There are nine proffers with the rezoning. The proffers address the site layout, building elevations, open space, ingress/egress, dimensional requirements, and maintenance of the open space areas by the Homeowners' Association resulting from the combination of Phases 1 and 2. The modification of the proffers for Phase 1 are necessitated by the addition of Phase 2 to the community. The revisions are as follows: o Clarification that the combined open space and community amenities will be maintained by the Homeowners' Association, consistent with the requirements of Section 1127 of the Zoning Ordinance. o Clarification that the City will convey to the applicant the area of the site currently reserved for a cul-de-sac that would have been installed when the neighborhood gained access to Nimmo Parkway. The 2011 proffers require closure of the North Landing Road access when connection to Nimmo Parkway is made. The closure would require the construction of a cul-de-sac to allow vehicles to turn-around. The cul-de-sac area will no longer be necessary since, at the time the Nimmo Parkway connection is made, Rod Poccheschi Way will continue past the area reserved for the cul-de-sac to provide access to Phase 2. o Clarification that when the connection to Nimmo Parkway is made, the portion of Rod Poccheschi Way to be closed and restored to natural open space will consist of only the 425 feet from North Landing Road to the Phase 2 access point. The 2011 proffers specify a distance of 900 feet, which is the length of roadway from the future cul-de-sac location to North Landing Road. o A maximum lot coverage requirement is being added to the Phase 1 area. This will resolve a degree of confusion that has occurred during review of the houses for permitting, as the 2011 proffers did not provide a maximum lot coverage percentage. The revision to this proffer will add a maximum lot coverage of 43.5 percent, with the exception of Lots 13 and 31 (which are already built and sold and have lot coverage percentages higher than 43.5 percent). ■ Considerations: The applicant's proposed development is located outside of any AICUZ area as well as outside of the ITA Overlay District. There are limited places in the eastern part of the city where there are no AICUZ restrictions; the area around the Municipal Center is the only such place in this part of the city. The proposed development falls within this area, and is also located where public utilities are already available, and on land already developed with single-family dwellings and garden crops. Consistent with the Comprehensive Plan's policy recommendations for this area, the proposed development will be located on land already in use rather than environmentally sensitive land or land in productive agricultural use. The ITA Plan also encourages open spaces and trails within residential and non-residential developments. Approximately 50 percent of Enclave at PA BC, LLC, Enclave at Princess Anne HOA, Inc., &Anthony Huffman, Jr. Page 3 of 3 the acreage in Phase 1 is designated for open space use, all of it falling within the ITA Overlay zoning district where dwelling density of this nature is not permitted. With the combination of Phase 1 and Phase 2, the applicant provides additional open space areas (41.5 percent of the total site is designated open space and recreation). An extension of the interior trail system is also included that will eventually link to the multi-purpose trail system of Nimmo Parkway. As specified by the Comprehensive Plan, the applicant submitted a preliminary stormwater drainage study. The review of the study by City staff found that the preliminary system was acceptable, subject to the modification of the size of the existing stormwater management facilities located in Phase 1. Those modifications are shown on the proffered site plan. • 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. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departme Agency: Planning Departmen • Li 47 -(fi - t e 4 City Manager. 1 L Applicants & Property Owners Enclave at PA BC, Agenda Items LLC, Enclave at Princess Anne HOA, Inc., & Anthony Huffman, Jr. D4 8. D 5 c5lyPublic Hearing July 12, 2017 Virginia Beach city Council Election District Princess Anne Requests Conditional Rezoning AG-1 & AG-2 Agricultural to PD-H2 Planned Unit Development (R-7.5 Residential) Modification of Proffers of a Conditional <<�w•N'" Rezoning approved November 22, 2011 Staff Recommendation ° 18 DNL i "04'14 Approval Staff Planner Stephen J.White r n Location & GPINs/ Modification of Proffers North Side of North Landing Road, 2,700 feet west of West Neck Road (There are 38 GPINs - Curateck Drive tWot*Mor'.. see Disclosure Statements for GPINs) Location & GPINs/ Rezoning 2754 North Landing Road, 2804 North Landing1111 P�M�Y Road& eastern 1.20 acres of 2808 North Mme^ Landing Road (1494409163, 1494408502, & kF"`� 1494407232) 010 2012 REZONING (Phase 1) —under development— Site Size 20.71 acres AICUZI, Less than 65 dB DNL ' Watershed Southern Rivers 11011, PROPOSED Existing Land Use and Zoning District } SECTION Three single-family dwellings, wooded area, and t (Phase 2) a partially developed single-family residential subdivision / PD-H2 (R-7.5), AG-1 &AG-2 PP* �� Enclave, Enclave HOA, & Huffman Agenda Items D4 & D5 Page 1 Surrounding Land Uses and Zoning Districts North Right-of-way for future Nimmo Parkway, woods,golf course/AG-1 Agricultural South Single-family dwellings /AG-2 Agricultural, R-30 Residential (Open Space Promotion) East Woods, cultivated field [site of future Veterans Care Center] / AG-1 & AG-2 Agricultural West Single-family dwellings, cultivated fields / AG-1 &AG-2 Agricultural Background and Summary of Proposal The Planning Commission deferred these applications during its June 14, 2017 public hearing. The purpose of the deferral was to allow the applicant time to revise the plan and proffers to respond to concerns expressed by the commission. The principal concerns were (1) providing open space that could be used for field activities and/or sports, and (2) reducing the number of dwelling units by two to four, resulting in increased spacing between the dwelling units, as well as potentially providing area that could be used for increased active open space. In response to the concerns, the applicant is proffering a plan and associated proffers that revise the originals as follows: 1. Reduction in the number of proposed dwelling units in Phase 2 from 19 to 17; 2. Increase in the setback width of lots in Phase 2 (as a result of the reduction of the two dwelling units); 3. Addition of four proposed building designs; 4. Revision of maximum lot coverage for Phase 2; and 5. Provide revisions to the Conditional Zoning Agreements (CZAs) that address ordinance requirements pertaining to format, consistency between the two CZAs, and associated issues. The summary that follows is based on the revisions; however, where a change has occurred, the change is noted. Phase 1 (Modification of Proffers) • Phase 1 was conditionally rezoned to PD-H2(R-7.5) in November 2011. The proffers and proffered plan permitted development of the site with 34 single-family dwellings. • The dwellings were located on the eastern side of the site, as that part is outside of the Interfacility Traffic Area (ITA) Overlay zoning district, where residential development of this density is not permitted. The zoning line separating the ITA Overlay District from the area outside the district, as well as outside any AICUZ, runs diagonally north to south through the northwestern portion of the site. The map below shows the separation of the site as just described as well as the site's location within the Princess Anne Commons/ITA Planning Area as designated by the Comprehensive Plan. • There is one house (original to the site prior to 2011), wooded areas, and open space on the western side of the site.The western side is located within the ITA Overlay zoning district, and accordingly, no dwellings are or will be located in that area of the site. Enclave, Enclave HOA, & Huffman Agenda Items D4 & D5 Page 2 • The original total site area of A 404 INTERFACILITY TRAFFIC / •C• Phase Phase 1 was 16.87 acres, of which ARCA DTA)OVERLAY / ,pJ ZONING DISTRICT / ,♦q /LS 1.52 acres was dedicated to the `' ���`° 11570 City of Virginia Beach as right-of- ,/ ea a • way for the extension of Nimmo r� Parkway. The policies and PRINCESS ANNE rOMMONS ITA recommendations applicable to PLANNING AREA ba Phase 1 at the time of its rezoning Qa were from the 2009 HISTORIC&CULTURAL Comprehensive Plan. The ) OVERLAY ZONING DISTRICT Comprehensive Plan designated INTERFACILITY TRAFFIC L•AICUZ E` AREA(CTA)OVERLAY this area as the Princess Anne ZONING DISTRICT IVO Commons / ITA Planning Area. The policies for that area,and in particular, the Princess Anne 66-70 AICUZ Commons Design Guidelines, were SITE a°ad used to evaluate the 2011 �"dreg. No�r application. At that time, the policies and guidelines L•s Men 66 AICUZ recommended that development should strive to achieve SO --�^ percent of a development site for open space.The 2011 plan for Phase 1, therefore, includes 8.40 acres of designated open space, which was approximately 50 percent of the total site area. • The table below shows the dimensional requirements of the PD-H2 Land Use Plan for Phase One. These supersede the dimensional requirements of the underlying R-7.5 District. All other dimensional requirements of the R-7.5 Residential District apply to Phase 1, as specified by the Zoning Ordinance for PD-H2 developments: MINIMUM LOT SIZE 5,000 square feet FRONT YARD SETBACK 20 feet REAR YARD SETBACK 10 feet SIDE YARD SETBACK 5 feet • Per the 2011 proffers and the proffered plan, access to the site would be from North Landing Road. The proffers also addressed changes to the access in the future should Nimmo Parkway, located on the north side of the site, be constructed. Proffer 3, below, established the process for moving the primary access for the community from North Landing Road to Nimmo Parkway: If Nimmo Parkway has been constructed and opened for travel, vehicular access shall be from Nimmo Parkway as depicted on the Concept Plan and no vehicular access shall be from North Landing Road. . . . If and when Nimmo Parkway is extended . . ,access shall be shifted by the [City]to Nimmo Parkway and the then existing access road from North Landing Road shall be closed and removed by the [City]. When access is shifted to Nimmo Parkway, a cul-de-sac shall be improved to the west of Lot 1 by the [City] on right-of-way dedicated with the recordation of this Subdivision as depicted on the Concept Plan. The closed section of roadway shall be conveyed to the Homeowner's Association and added to the adjacent Open Space which the Association will be responsible to maintain. When the subdivision plat for Phase One was recorded, right-of-way was established for the connection to Nimmo Parkway, and an area was reserved for the future cul-de-sac mentioned in Proffer 3 opposite of Lot 1, adjacent to Lot 34. The right-of-way to be closed and restored to open space consists of the portion of the roadway from North Landing Road to the cul-de-sac Enclave, Enclave HOA, & Huffman Agenda Items D4 & D5 Page 3 reservation (approximately 900 feet in length). • The applicant's current request to modify the proffers of the 2011 rezoning is summarized below. o Proffer 3: The 2011 version of this proffer specifies that the 900 feet from of roadway described above would be closed and converted to open space by the City upon connection of what is now Rod Poccheschi Way to a completed Nimmo Parkway. The access to proposed Phase 2 will be located 425 feet from North Landing Road; therefore, the proffer must be revised to remove the remaining 475 feet of roadway from the provisions of this proffer that address the closure if the right-of-way and its conversion to open space. o Proffer 7: The applicant is revising this proffer to add a requirement for lot coverage to Phase One. This will resolve a degree of confusion that has occurred during review of the houses for permitting. The revision to this proffer will add a maximum lot coverage of 43.5 percent all lots except Lots 13 and 31 (which are already built and sold with lot coverage of 47.6 percent and 46.52 percent, respectively. The revised proffer sets the maximum lot coverage for those lots to those percentages. o Proffer 10: Revises the proffer to provide for the addition of the open space areas in Phase 2 and Phase 1, including the requirement for the maintenance of the open space and its amenities by the Homeowners Association (HOA), as required by Section 1127 of the Zoning Ordinance. The proffer also notes that the City will convey to the applicant the area of the site currently reserved for a cul-de-sac mentioned in Proffer 3, as that area will no longer be necessary with the extension of Rod Poccheschi Way to the proposed point of access to Phase 2, within which adequate turn-around will be available within the cul-de-sacs within that area. Phase 2 (Conditional Rezoning) • In 2011, when Phase 1 was rezoned, there were seven parcels remaining between Phase 1 and North Landing Road. Two of those parcels have since been purchased by the applicant, and the applicant has a contract to purchase a portion of a third parcel. The combined area of the parcels is 5.36 acres.The parcels proposed to be rezoned for Phase 2 are located outside of any AICUZ and the ITA Overlay zoning district. • The applicant is requesting a rezoning of the parcels to PD-H2(R-7.5), the same zoning as Phase 1, for the purpose of adding 17 lots to the Enclave at Princess Anne community. [REVISION NOTE:This is a reduction of two lots from the plan presented for the June 14 public hearing]. • There are nine proffers, which include a proffered site plan and building elevations. • The development of Phase 2 and its integration with Phase 1 will be as shown on the submitted site plan referenced in Proffer 1: o Access to the site will be from Rod Pocceschi Way, which currently connects to North Landing Road and extends to a cul-de-sac in Phase 1 adjacent to the Nimmo Parkway right-of-way. o There will be 17 lots that front on one of two cul-de-sac-de-sacs. The lot sizes and lot widths are consistent with those in Phase 1, ranging between 5,575 square feet and 7,448 square feet, and all of the lots have widths of 50 feet or more. [NOTE: The lot sizes of the lots shown on the plan proffered for the June 14 public hearing were consistent with sizes of the lots in Phase 1 —5,004 square feet to 7,417 square feet]. o The right-of-way of the cul-de-sac that runs west to east from Rod Pocceschi Way will be extended beyond the cul-de-sac to the property line of the parcels to the east (2740 and 2744 North Landing Road). Extending the right-of-way beyond the top of the cul-de-sac ensures that should a residential development be proposed at some point in the future on those lots, there will be an opportunity for access through Phase 2 rather than directly from North Landing Road. Enclave, Enclave HOA, & Huffman Agenda Items D4 & DS Page 4 o The northern portion of the site being rezoned is currently the rear yard of a lot with an existing single- family house. This lot currently has access to North Landing Road via an ingress/egress easement. The house will remain in place, and the Phase 2 development will continue to provide access to this lot by connecting the existing driveway to the new cul-de-sac. o There are two open space areas. One is located between the rear of Lots 1 through 9 in Phase 1, and the rear of Lots 1 through 6 in proposed Phase 2. The second open space area is located between the rear of Lots 7, 8, 9, 12, and 13 in proposed Phase 2 and North Landing Road. Each of the areas has a stormwater pond with an encircling trail. Total acreage of the open space areas is 1.90 acres. o The trails around the stormwater ponds connect with the larger trail system through Phase 2, as shown on the proffered plan, which then connects to the trail system through Phase 1, and eventually, to the trails that will be constructed with Nimmo Parkway. o The density of the area being rezoned (Phase 2 on the proffered site plan) is 3.17 dwelling units per acre. [REVISION NOTE: The density of Phase 2 for the plan presented for the June 14 public hearing was 3.50 units per acre, which is the maximum allowed for a PD-H2 District with R-7.5 Residential as the underlying zoning district]. o The dimensional requirements, which are specified in Proffer 6, are similar to those in Phase 1, with some exceptions where the requirements exceed those proffered with Phase 1. [REVISION NOTE: The minimum side yard setback for Phase 2 has increased since the June 14 public hearing, primarily due to the elimination of two dwelling units from the plan, providing additional area. A 'minimum side yard setback adjacent to a street'has also been added]. o The applicant is proffering 12 building elevations for the dwellings [REVISION NOTE:Four new house designs have been added since the June 14 public hearing. The new designs are consistent in style and exterior materials with those previously proffered]. The exterior building material choices for the dwellings are proffered as brick, stone, fiber-cement siding, hardiplank, cedar shake, and faux shake, all of earth-tone colors. o At the recommendation of Staff, as well as the Transition Area-Interfacility Traffic Area Citizen Advisory Committee, the applicant has included a 'Tot Lot'for the community. This amenity will be located in the area where currently reserved for the cul-de-sac adjacent to Lot 43 in Phase 1. This location will place the amenity at the center of the community (combination of Phases 1 and 2). 414 AG-1 4, . •>> Zoning History A _q ,,`/Rei:s A # Request 0•i jvo, t 1 CRZ(AG-1/AG-2 to PD-H2[R-7.5))Approved 11/21/2011 •s. wDNL ro `�• 2 CUP(Sewage Treatment Facility)Approved 05/24/2011 AA 3 SVR Approved 11/28/2006 i. PD-HZ �G 4 CRZ(AG-1/AG-2 to R-30)Approved 03/04/2003 ilk +, R-7.5 ®® CUP(Open Space Promotion) ';ems''- Ad-2 ✓'''' R-30' A • d'2 • ' R 30� . Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance Enclave, Enclave HOA, & Huffman Agenda Items D4 & D5 Page 5 CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The site is located within an area designated by the 2016 Comprehensive Plan as 'Princess Anne Commons /ITA Planning Area.' This is an extensive area that stretches from Tidewater Community College at the north to the North Landing River at the south. It includes the ITA Overlay zoning district as well as the Municipal Center and much of the Courthouse Historic and Cultural Overlay zoning district. The map below shows the subject site in relationship to the overlay zoning districts, Princess Anne Commons, and the AICUZ. Land use and development recommendations within Princess Anne Commons /ITA Planning wort,vlr. y Area are provided by the 2016 0,(t' Comprehensive Plan, and in particular, by the Interfacility Traffic and Vicinity Master Plan ^'`PSS °,)` (ITA Plan). The ITA Plan has no specific "::' '; 9',> a, recommendations for the parcels located O00. 0' 91w4 between North Landing Road and Nimmo `FF a Parkway, with the exception of an area PRINCESS ANNE COMMONS / ITA designated for office use on both sides of PLANNING AREA . Nimmo Parkway immediately adjacent to the H/5rtzU• vuvo G west of the subject site. • DISTRICT The general recommendations provided by INTERFACILITY TRAFFIC SITE • the Comprehensive Plan for Princess Anne AREA(ITA OVERLAT otmmn;. p ZONING DISTRICT Commons / ITA are the following: r Weeds . s". • Strive to achieve extensive open N°R"��dt^gRoa� °iNa'i° KeMam'ts 1 P space connectivity throughout the «t��.�taat., da Villa,. at Commons. w^t Ned. • Protect the most sensitive land. • Residential development limited to areas outside of AICUZ-restricted areas. • Mixed-use town center style development in the Municipal Center and Historic/Cultural District. • Low-impact campus style development for work, education, research, recreation, and worship (remainder of Princess Anne Commons). • Guidelines for building types to ensure appropriate quality and character. • Expansion of suburban infrastructure in northern but not southern part of Princess Anne Commons and south of Indian River Road. • Development remains limited along existing unimproved infrastructure. • Potential for extension of mass transit service to Princess Anne Commons and the Municipal Center. Natural and Cultural Resources Impacts The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. As a result, this area is subject to special drainage considerations and the Comprehensive Plan recommends that a preliminary drainage study be prepared. Enclave, Enclave HOA, & Huffman Agenda Items D4 & D5 Page 6 There are no known significant natural or cultural resources on the Phase 2 site. There is a small private cemetery with three graves at the front of the site adjacent to the North Landing Road access on the Phase 1 site. The cemetery was identified during the 2011 rezoning, and an easement was recorded around the cemetery with the 2015 subdivision plat for Phase 1. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic North Landing Road 8,907 ADT 1(2017) 13,600 ADTi(LOS°`%C") Existing Land Us 32—20 ADT 15,000 ADT (LOS D") Proposed Land Use 170 ADT 'Average Daily Trips 2 a s defined by two existing 3 as defined by 17 new single-family 4 LOS=Level of Service single-family dwellings dwellings Master Transportation Plan (MTP) and Capital Improvement Program (CIP) North Landing Road is a minor collector. The site is proposed to have no more than one access point at all times, with access to be provided from North Landing Road until the construction of Nimmo Parkway. When Nimmo Parkway is built, access is proposed to be shifted to Nimmo Parkway and the North Landing Road access point closed. Nimmo Parkway is shown in the Master Transportation Plan as an access-controlled four-lane parkway (major arterial) in a 150- foot right-of-way. The FY18 Capital Improvement Program includes a project (2-501) for the ultimate construction of a four-lane divided parkway from West Neck Road to the intersection of the proposed Landstown Road-Phase III,a distance of approximately 1.30 miles. This project includes on-road bicycle accommodations and shared-use paths. The current scope of the project is only for the extension of Nimmo Parkway from its current terminus at West Neck Road the Veterans Care Center development site (immediately to the east of the Enclave at Princess Anne). Public Utility Impacts Water &Sewer The proposed development must connect to the City water and sewer system. There is a 10-inch water line and an 8- inch sewer line located in Rod Pocceschi Way. School Impacts School Current Enrollment Capacity Generation 1 Change 2 North Landing Elementary 448 423 4 3 Landstown Middle 1,452 1,499 3 3 Kellam High 2,021 1,857 3 3 "Generation" represents the number of students that the development will add to the school. z"change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). Evaluation and Recommendation The applicant is proposing the addition of 17 single-family dwellings to a community of 34 dwellings currently being developed to the north. Staff believes that the applicant's proposal is strategically located to allow for the development Enclave, Enclave HOA, & Huffman Agenda Items D4 & D5 Page 7 of new housing within the Princess Anne Commons/ITA Planning Area in a manner consistent with the recommendations of the Comprehensive Plan, which are listed under the Comprehensive Plan section of this report. The 2016 Comprehensive Plan's recommendations for this area were largely derived from the policies and recommendations of the 2011 ITA Plan. With regard to open space in this area,the ITA Plan emphasizes the creation of a system of open spaces and trails that provides connectivity throughout the area. The plan encourages open spaces and trails within residential and non-residential development that connects to the larger system throughout Princess Anne Commons and the ITA.The applicant's site design accomplishes this. When Phase 1 of this community was evaluated in 2011, the 2009 Comprehensive Plan encouraged developers to strive to provide at least 50 percent of the development site as open space. Accordingly, approximately 50 percent of the site acreage in Phase 1 is designated for open space use, all of it falling within the ITA Overlay zoning district where dwelling density of this nature is not permitted. With the combination of Phase 1 and Phase 2,the applicant provides additional open space areas (41.5 percent of the total site is designated open space and recreation). An extension of the interior trail system is also included that will eventually link to the multi-purpose trail system of Nimmo Parkway. When Nimmo Parkway is constructed through the site, the area of the subject site adjacent to the right-of-way consists of wooded open space, which will further enhance the connectivity of open spaces and trails desired throughout Princess Anne Commons/ITA. The Comprehensive Plan's recommendations for this area also encourage 'protection of the most sensitive land.' The applicant's proposed plan locates 17 dwellings and necessary infrastructure on land that is currently used for houses, gardens, lawn area, and other structures. Rather than develop in a location that might have impact on sensitive natural resources, the applicant's development demonstrates a type of infill development located on land currently developed, which is located between land already developed. Another of the Comprehensive Plan's recommendations calls for'expansion of suburban infrastructure in northern but not southern part of Princess Anne Commons and south of Indian River Road' and stresses that 'development remains limited along existing unimproved infrastructure.' As noted above, the applicant's development can be considered infill development, and one of the beneficial effects of infill development is its location in an area that is already served by water and sewer and related infrastructure. Instead of seeking to develop where there is limited or no infrastructure to support development, the applicant's proposal utilizes existing infrastructure. The Comprehensive Plan also recommends that 'residential development to be limited to areas outside of AICUZ- restricted areas.'The applicant's proposed development is located outside of any AICUZ area as well as outside of the ITA Overlay District. There are limited places in the eastern part of the city where there are no AICUZ restrictions; the area around the Municipal Center is the only such place in this part of the city. This fact is why another of the Comprehensive Plan's recommendations encourages 'mixed-use town center style development in the Municipal Center and Historic/Cultural District.' As specified by the Comprehensive Plan, the applicant submitted a preliminary stormwater drainage study. The review of the study by City staff found that the preliminary system was acceptable. There is a need to modify the size of the existing stormwater management facilities located in Phase 1. Those modifications are shown on the proffered site plan. Staff finds that the submitted proposal is consistent with the Comprehensive Plan's recommendations for the Princess Anne Commons/ITA Planning Area, and recommends approval of the request to modify the 2011 proffers and to conditionally rezone Phase 2 from AG-1 and AG-2 Agriculture to PD-H2 Planned Development (R-7.5 Residential). Proffers / Modification (Phase 1) 1. Proffer numbered 3 in the 2011 Proffers is hereby deleted and replaced with the following "NEW PROFFER #3": Enclave, Enclave HOA, & Huffman Agenda Items D4 & D5 Page 8 3. When Nimmo Parkway is constructed and opened for travel across the 1.52 acre parcel dedicated to the Grantee for"FUTURE NIMMO PARKWAY EXPANSION" as depicted on the "MODIFIED CONCEPTUAL SITE LAYOUT PLAN OF ENCLAVE @ PRINCESS ANNE - PHASE II"dated July 25, 2016, prepared by MSA, P.C.,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter the "Modified Conceptual Plan"), the Subdivision's access shall be shifted by the Grantee to Nimmo Parkway and the approximately 425 linear feet of existing access road from North Landing Road shall be closed and removed by the Grantee. The closed section of roadway shall be transferred to the party of the first part and added to the adjacent Modified Open Space B which the party of the first part shall be responsible to maintain. 2. Proffer numbered 7 in the 2011 Proffers is hereby deleted and replaced with the following "NEW PROFFER #7": 7.The dimensional requirements applicable to the single family lots numbered 1 through 34 on the Concept Plan shall be as follows: • Minimum front yard setback 20 feet • Minimum side yard setback 5 feet • Minimum rear yard setback Lots number 1 through 9 20 feet Lots numbered 10 through 34 10 feet • Minimum lot size 5,000 square feet • Maximum lot coverage Lot13 47.60 percent Lot31 46.52 percent All Lots, except 13 and 31 43.50 percent 3. Proffer numbered 10 in the 2011 Proffers is hereby deleted and replaced with the following "NEW PROFFER #10": 10. The areas depicted and designated "MODIFIED OPEN SPACE '1A'; MODIFIED OPEN SPACE '1B'; EXISTING OPEN SPACE '2', '3' AND '5"' on the Modified Conceptual Plan are owned and maintained by the Grantors, to be used by its members consistent with the intent and regulations set forth in Article 3 of the Grantee's Zoning Ordinance ("Preservation District"). Upon recordation of a Subdivision Plat for the 5.36 acre "PHASE TWO" of the Enclave @ Princess Anne as depicted and described on the Modified Conceptual Plan, the party of the first part shall convey to the Grantee a public right of way across that portion of its existing OPEN SPACE 1,to be improved by the party of the second part and the Grantee shall convey to the Grantor that area depicted and described as "PROPOSED ADDITION TO OPEN SPACE 2 (0.09 AC)" on the Modified Concept Plan. Proffers / Rezoning (Phase 2) 1. When the Property is developed, it shall be as Phase II of an existing residential community with no more than 17 single family residential lots, connected walking trails, within and between Open Spaces and an added Tot Lot within Open Space 2 (Phase 1) substantially in accordance with the "MODIFIED CONCEPTUAL SITE LAYOUT PLAN OF ENCLAVE @ PRINCESS ANNE TO INCLUDE PHASE II VIRGINIA BEACH, VA", dated 07/25/16 - R,prepared by MSA, P.C.,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Concept Plan For Phase II"). Enclave, Enclave HOA, & Huffman Agenda Items D4 & D5 Page 9 2. If,as a result of the review of the Subdivision Construction Plan for Phase II by the Grantee, the Grantee concludes modifications are necessary to the existing stormwater management facilities installed with Phase I,the Granter shall modify those facilities during the development of Phase II. 3. When the Property is developed, vehicular Ingress and Egress to the Property shall be limited to the access depicted on the Concept Plan for Phase II. 4. The total number of residential lots permitted to be subdivided on the Property shall be no more than 17. Each home shall contain a minimum of 1800 square feet of living area, and a one (1) car garage. 5. When the Property is developed, the architectural design of the new residential homes to be constructed on Lots 1 through 17, Phase II as depicted on the "Concept Plan For Phase II"will be substantially as depicted on the exhibits entitled, "BISHARD HOMES SF-32 ELEVATION STANDARD &SF-32 ELEVATION UPGRADE", dated 5/19/2015; "BISHARD HOMES SF-33 ELEVATION STANDARD & SF-33 ELEVATION UPGRADE", dated 5/12/2015; "BISHARD HOMES SF-34 ELEVATION STANDARD", dated 11/5/2015; "BISHARD HOMES SF-35 ELEVATION STANDARD", dated 9/24/2015; "SF-41 Bishard Homes, A ELEVATION", dated 6/15/2016; "SF-42 Bishard Homes, A ELEVATION", dated 5/16/2016; and "SF-49 BISHARD HOMES, ELEVATION", dated 12/26/2016, prepared by J. Bengston, Land Planning Solutions, and elevations designated "SINGLE FAMILY 6A-6, A-7 and A-8", dated 12/29/2012, prepared by Linda R. Sullivan, Progressive Designs, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). The exterior building materials on the new residential homes shall be limited to brick, stone, fiber cement siding, hardiplank, cedar shake, faux shake of earth tone colors. 6. The dimensional requirements applicable to the single family lots numbered 1 through 17, Phase II on the Concept Plan for Phase II shall be as follows: • Minimum front yard setbacks 20 feet • Minimum side yard setback 7 feet • Minimum side yard setback adjacent to a street 15 feet • Minimum rear yard setback Lots numbered 1 through 4, 10, and 11 (Phase II) 20 feet Lots numbered 5 through 9 and 12 through 17(Phase II) 10 feet • Minimum lot size 5,000 square feet • Maximum lot coverage 39 percent 7. When the Property is developed, the proposed "Tot Lot" depicted within Existing Open Space 2 shall include age appropriate playground equipment for youth under the age of ten (10) years old costing not less than Five Thousand Dollars ($5,000.00), which shall be reviewed and approved by the Director of the Department of Planning or his designee during Subdivision Review. 8. When the Property is developed the areas depicted on the Concept Plan for Phase II which will not be residential lots are open spaces which shall be utilized as such and the Grantor shall record a Declaration submitting the Residential Property to the existing mandatory membership Enclave at Princess Anne Homeowners' Association which Association shall also be conveyed title to the Proposed Addition to Open Space 2 (0.09 AC). The Association shall be responsible for maintaining all open spaces, entrance features, landscaping, trails, and other improvements on the Property as depicted on the Concept Plan for Phase II. Enclave, Enclave HOA, & Huffman Agenda Items D4 & D5 Page 10 9. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code,including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Enclave, Enclave HOA, & Huffman Agenda Items D4 & D5 Page 11 Proposed Site Layout ' " " " 1! :I7-:1! il:Li:- I 1 If 1 h (ill 4 r.1E : '-: 11EEE NE E N no„,,... .l.... 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CIIEC‘fRNI 3C.A.E , 'I.' imon _ 1 J :.-----,...e..riEtiarmil,..t.--a...warm-,var, --..aa-4,.......a...2.a--w....auataalit-IEFirrE"-..-....es- .a Enclave, Enclave HOA, & Huffman Agenda Items D4 & D5 Page 14 Proposed Elevations ELEVATION UPGRADE I Scare tre.1 X .s . __ 7 11111 ../Ammia....NN.,.. _. ...._ 1 111 / __s_• .. .. _.. — ---- ...___- lin -- •ii aTti z ii . - . — ma •-•-•• : as ... g• =i . .:-f_.. F___-_._—=i_ol._m_E--- ------.,•Arath,,----.1h ,h„, IT t.,...;,..-= _ _ T-, M"r ........ .........,.." !-----mMiM El 'll• IN a--'i Ili -33 l II •1.- 1 „,.... piriti' =ll'i ONO' aLl 33 I 1111 :2 al II 1 am-. :-. '”" "'' '" ,F.' ' i '--i__: == - .., I__ i.. - Nil ..... _. kart timso ta-•1 d LSE 11•••••••00•11 Ms,Pielb K.SP MI /1111/ ••••••••• .• ••••••••-• ... . i 1 ••• I i if 1 III - . IM—MEME•c— ----mi•MISIIEW1—.VIS . ,---- ---=NM:: EIN:: ••••mmoss ::MI _I:i.II L- Mil INSSIMINM Mil li ---,— ,....- —•••• 1 - •• — 1= •1,•1====In.r.' ........ -_ — —i-- =...., .-.. •- i i'' , ....... qi ,=-1::: _ .,_ le_ El --_1- ILI lilillEM iNt II. 1 ll= _ gni ... -- _ 1 _ ... Par Dm.*007 FAA.......se•re 3.V.nraran,on reanonoruc•nr 11 3 3.31.1,3039. 13[SHARD HOMES SF-35 Ns ow VSE PA f LEVATION STANDARD $.....,.. ,VO.pa Sine l/4.1-0 II OPT ROC 2,20.1 Tem 1.11.4 SID 0.24040 ALLISAIN. MUM.PM SWIM-_ moo Neel.1*/ROO fin pi ....................., .......1111014 kur,,-,-_^wink_ -:,\--''''''-'_`-____ --7,-;--:-•4.-,--- -AMINEM____.:_-----n°' - 1.411100 ••.1.1.1.11 .."....="..... .1`hx7.-.,--:, COM•010•••• •••••••11.1111.11••••• 412W11,.. ---::"7-7S.:4'':•.1.e----:---v. "'".. illi7k-'. 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Z.K- 0,11 - - Bed Ilsra Romp 1- RARIINNINI Pan MRdela hal Pl. 1 t ',..- ___ ----T-- I---' _ --- . — 1 ------1-77.-_-::, .,--1,--__._.-,, ll _ - -, IIII—IIIII -- r N _- -.. .--. .._, ,..„:, ,._ -.---_. 1_ t ._ ,_ pal -- I- -----”- :•,...,..::±::.f,......,,,. = . _ ..?• IL! ca- fr i a — __ :1-- CHICK .......,--,4' Moo SCALE we...A...mm.4.w......n...............44:S'Inf'''..... win,____mfe "....re'-,.....33.arrantrecr'nesna-mareur Enclave, Enclave HOA, & Huffman Agenda Items D4 & D5 Page 15 Proposed Elevations S....4..0 DISHARD HOMES SF-3F.F. r191.1a ELEVATION STANDARD m OPT MC6 117 WI 1:—__ t...Yr..9T0 +9111. �..MM.....Y..l •...Y...v,.•NOD 1I" se 1 1111 .Or..Mr't' K • ..'Mtn'.5`o 05 Mr Po. 191.1. _ . = ii ... .. _—_ "r'xtv.va -_—-.� .......„.r.„.........„........rw In 1..,�1. 11 i-c 1 111111 11 s :. 1 11 .1111=111. I- r� �1 ___:_-_,-,1:17/=• -=.....1111� W— it . 11 • • i L =u a ii= -- 1 -- --- ,.i y. .1 r.' .11.41== ::— 1-- II 111A_ =If l - 11 =_._—I .01 Elrvix.9unOv1 Ijl'I _111111115'..010 ; 7 II J9 1111 111 1,it 11111 1ulll ll1- 01". Plkl�� •--` �ml� 1II(TiFl mruu lul ul'S -� _ _- F.umY.Do. '" _ _ .99 Fr.,Du. I- ,I.'. M I 'I I..it II ..1..■M■iMw.K mow. IA I..vr.F� .ae wn., P. .. - O O F0.'d .,05 P.r,P. ......_. .o F.FmrFl.o, •y t1 - _ _ __ ......... FM P.Porn P. • . -' FR..r C _ .Of F.now frr...p..Oq MDO', Mint`t= _-0181W nip 96m1 F.F. I •_F�{-1 i �I� - _.. \ •n F.1.CDI P01n Mon 11 .. . .. - __. .MCP.PVU Pin X1111 ="�_111�11= r _ 1111 Hi = T `~ X1111 [in = 11111111 _ — ---�}�- LL 1 TT m- 11 _ =111111= I --_--1111;' I _ �� `--iso'. I 11 ;a= 1L .—IIIIIIII_ _11.._ Ilnl =I 1— , . -1 z ...�,.... NY 6....w.fO OIgtM«T9CNF A ELEVATION Srak 111'=r-0' I x _ _ 1 Vi� \ ,—Dam 9t~'i"1:: 511"7 u 1.7:ir,:trieN,'Zrir.,,,4?:-!-•-,;.' ill mow= —I ,,;U•I• VIII' 11 II II . L .. : _. k;■■■■I , ■■ ■■ ■■ ..r.. ■■ ii ti i I- 1.i. L'•' 1 I,,11 1111 1111 _._ 1 �, I ('►5 •• :i.; °'° ..s F._ IIs ■ ;1 . - 1 '.{ I j j I �Ik1I H I I IiE. _ ,....01,•••••,1,1, , , .�i r Y9Y.rM1'.M .. _... -' illl si III lam...�...T.re.'�{1. -' _ _� _— - -_ ! ��IGI�r ■=I — _ SEMI- ...... , .rr n -1:1111.=.ue�l�"�r lr 1� LLJ I,� I�Ill���'� �I♦ � .__ _ ilf7 1- rn =1 Ill — = I �i C r..--..,.....-..,---,:--1.,....,----•=.Ab,��....Yc��.... _..-_:.t:f 1' z:atL..K:T.-w...i.rw_....L.sa..tv..._-+-.._--.._- ........_.__+a. Enclave, Enclave HOA, & Huffman Agenda Items D4 & D5 Page 16 Proposed Elevations A_El EVATION 1 Scale 1/4-•1.-0. I .........._ t .....-.. •- .----- '''-'''--r,,------: ..,,-,Z.,.,-...- n...Z...---,,F-.7,7f.5.::-; =.-...7...-'-7 ,-,,,T„-,--..7-,--" -,'-_-A-.5"`, I Ali 17--- , 'Al. .''''' .'-7.7-7.-;---.7.11.:.-'.,:,,- - ....::. :.;'',,WW:a., ............' _--- - '..:---;'-`LZilf,-:,F.---, -.-=.77 *,_: , .1_=.,•,---, IIII __,ir..1. - -0;::,-.79-:',.'f-.47, --- -,..-.",:...,..- .- - ';;-,• ..: T -"'---17--:---:- Fr'''''',, 4. II -.-. __, , . '-'''•'-'11::::•':::::,•V'''.• n ; ,,...:,,,,,.:,.,,,a1 i,II II II r,i, --- ---= :- 'il 11 — II F.i..,N..:F....1r: '..... 1 , 7'i..."=-- I. .„,..,... __ I ••,E r • Pil ••....• ..':. i i:::ji. V,ft ig,.:::1 :11:IIIIII:11;:]Ill E. ---... ...... Ill 1-- ---------- -LI: 1 11 I ,r. 1 I I -••••••• III I— -=- =_-..—_.==-- - . ,---.....,„M12_...1E• Itll Ii II 11011 . IIIIII laniemenlai,..• UM Mao far.1,9• 1114'. ....-.— ............ '' ' ---,,,77.-:-- .' -----7---=-:-.:-T-fn:;_;?_;=_••-•f•frk77,7. 7-7.1?tailtr...4 1 i = -'...• .--,--„,..-.....„.- .,,-..-7.,ff:;."-.7;-•-•-•:*:-1 ,-IffSfft:,:1-.. 1,1 •- -- --.----`•-.-.....-:-Z-:. •:-.:',.- -;.;.:.:.;.:4,1 • ".-- / _ ..•'. - ..., . ----'''''''' ...2....,- ., 1 i 1 ____ -• _ . 'i' -. . . .• ........ _ - •'' /1 _ ._..... .__ 7 .... ... NN-.--- __ .Ps_wicir-_-- .F-.1! i•,-.ilig. •..._ -_ _ __ •________ _ :::,- ::-, :::, - /e4 1 u)• .L._.11. I u raritli=1/11 11111 111:;-: II ft.am ur•1 a NW BMW IM.•Se X --m.---=•,.-.--..-1-..........a...vei.1-1,.-....:...1..a=mtiktr..,.--=savrasuMmarr...=`..,.11ftftt.,74••••• •-- - - 2=4==.-.M.----r-. A ELEVATION I Scale 114*•1,1r IS -- - ---- ------- --.-..-,-.-zij •--.„--.7;'",,,,,,S='-',..,....'..M...-_-_:2-:•. _ --'4,7,4:,,,--- lir ---/- '-,6 - ,. - .-- ,,,-Ine..,*.v..-- •••=ms-•'''''.-,'''."--,..11...,-'1--mm•••,--- -,...-r....1-...N.,..-hw-t-.„„.„,,,-401,.,„InIrs' .... 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F iIl •:!- I aCOl I 2 .,......._._.............._...._.___________.................. ] Enclave, Enclave HOA, & Huffman Agenda Items D4 & D5 Page 17 Proposed Elevations { nom p.p... att '�lN ..w o....-w: `r Al'e 4444. 1 .....• .. C. + -- 4444 I..■ mg it. _- {•F ■■ 4444.. :..■ ■.■ ... � .■ Tu.l u. .. , tu.. n■ n. t.4 ■■ c o■ .n. sr . u.�- ... 01 y a .w,444.4. ' tw • dS 4 444 I...ell [ 1 ,II �I ,--: 1 ..:�::c I — 4 Iii ���I.I �� t� .i u 1 1 i J- I ---- =41-1-1- 7-- -- w II&D - ., a r �` .%.,.ala. ---- - c.c..•1.. .-.,,.1.' -wno�wb..'.y sa 1.11%4% W=OM .75�� n..u, . WM.MG MO OW../W..-M.'...-o.. 1,VAfl.-. MI inr01 MI.•y1s ifllfi L "r.T..i.9un I 3% .:.-.......Q.54:`4"%2. OM NM 4.t_4444-. � • _ / . L 4444.. ,i . �', 4444.. iii ... :::::: / 7. [I."'54{...% 1 IIM---.a j[r - If 11 , _ . . _.. me 1._____ is 1:1 . 12192012 .■ ... ..I - - _ ... ..■• - ._177. _ - RI U 1144,..... ... ... ... iNI — MN 1.1sertne T •1 •r1 .%rw mon 2r ------� -- - a el 1= 1 ,wt 0.0.01. I�-C{I -r WIMI • )'•tr r 114 a. u. i—' t -- - I I ^.. 11.1.101110•9 L.: I.IV . I P '4u ■n u.. — 4.4 4.. n •• 4 ■4L I.4. II L... ,II SIR ■44" •..4_ 1144 4 ■44 III .. n +r� I _ - -\�-\ 1 ® 4444.. III ... _ ® r � El BEI NI'I' 111111I(= 4444.. - I "' �'--' r,... 017.1101. vt IIIun II 100 -„ o., ,,% t -, , i_i- : ..e..:, 11 4 FRONT MVP.NON 1—L` .a J., 50. lc Waal ”:om'0AON ..sees MONIS eau a Neese IN� t .ELLvNON n v.., .0 •o•N CIE v.M.,• �....wV.ue t%..K,.. - tees me•Volft,0010 6 r .%444®.1..0..:.%.fie„:r; ...J... .11........• - ji-I I itu. ... a ta.a - �.L. ::: 4 1. �w.•••w... L ... __ _____ _ _ i II liori .219 20t2 111111 nye 114 n■ n■ S nm.M.a ,_ 1111 i444 . n. u. LJ11. - RCM R.VAMri 90r rLEVATON ot __-•- --- /••T-0 - ---- - -- ----- CLE 1/.1%.1.-FF crw.,T4ta «Ev2,n 9 I ' Enclave, Enclave HOA, & Huffman Agenda Items D4 & D5 Page 18 Proposed Elevations 50,1.61(1q, —. COW 1166 W, ///,,r_., ,/,<:,,i V.\\\:ir. 1":..sTel \ Ai Sews so sawyno Lli• UM a ■■■ ■■■ a. L 4. \ ■■■ [1:11 Ilii1 a • •i biti — Ell V•Si --� ... --44--- . --- LA.p1P ' r__- 111111 !Hi I Mil L. 1:M.i i 0 NI 00 ••• IRON,ELEVATION soli SuIIVII A.1 TO mtf ANN cavern INNS 6S ONTOill ' 1/•.•�. O. IA1512* I MO A. .NR' SOL_ELEVATION 6 AOSOT NOS.1.1 AANIf R1 ELEVATION C Ctna, Aa OSv�ns ono, IIA•n•_p memos. 666=ION 1116411 EUVAnON C ARMs WIII IRIWA■11161MC116 10N/TO Af61111610116 Tt n 1eN 60!0(s nes L I2 so • •IS•ewa,[L•066•6100• 6•.0, n u.wm« ... Att . .90,21 -' . — -Th ca,Wit o, -- --. 0011 WS 451 ' \ , .1— .e0 5A...„ -- Pie,4.21.1, r_ 1 ■.■ ■■■ ® p ■■■MOS b ••••6 a — ��• ■ .AAA.•, =17---- _'_` [.R..w,6+6 s� --- jI ` -- _ ISSUE DATE IIIINli ,'� naa 1016 - -- - -- uroxo,z In ■ ■111 ■■■ ■■■ � (1 R.1111 it b "I A_8 -- ma . .. MON seat au Ii REAR ELEVATION SDE ELEVATION I�A�I•_O• 1/A•�1•-0• ELEVAnON C ELEVARON C Enclave, Enclave HOA, & Huffman Agenda Items D4 & D5 Page 19 Site Photos f • VIEW FROM CUL-DE-SAC LOOKING SOUTHEAST INTO PHASE 1 AREA(MODIFICATION OF PROFFERS) • it PSI OntalOWV- VIEW FROM ROADWAY LOOKING NORTHEAST TOWARD PHASE VIEW FROM ROADWAY LOOKING EAST INTO PHASE 2 AREA 1 AREA IN BACKGROUND(MODIFICATION OF PROFFERS- (REZONING SITE -HUFFMAN HOUSE ON LEFT) HUFFMAN HOUSE ON RIGHT) Enclave, Enclave HOA, & Huffman Agenda Items D4 & D5 Page 20 Disclosure Statements Due to the ownership of the parcels involved in these applications, there are three sets of Disclosure Statements. Each of the following Disclosure Statements has a number that corresponds to the areas shown on the map below. GPINs for Modification of KEY TO DISCLOSURE Proffers (PHASE 1) SETS 1494-40 4576 Open Space 1 1494-41-3213 Open Space 2 1494-40-5579 Iot 1 1494-40-6621 Lot 2 1494-40-8659 Lot 7 • 1494-40-8996 Lot 13 1494-41-8070 Lot 14 1494-41-8044 IAA 15 1494-41-8029 Lot 16 1494-41-7194 Lot 17 1494-41-7178 Lot 18 1494-41-7242 Lot 19 1494-41-7217 Lot 20 • - 1494-41-6370 Lot 21 1494-41-6307 Lot 23 • DISCLOSURE SET 3 1494-41-6122 Lot 24 • 1494-41-6057 Lot 25 1494-41-6085 Lot 26 1494-40-7934 Lot 28 • 1494-40-7859 Lot 29 1494-41-5260 Open Space 3 1494-41-5471 Open Space 5 • • 1494-40-6672 Lot 3 1494-40-7614 Lot 4 1494-40-7666 Lot 5 • 1494-40-8617 Lot 6 1494-40-9710 Lot 8 • 1494-40-9774 Lot 9 1494-40-9861 Lot to DISCLOSURE 5ET 2 1494-40-9847 Lot 1t 1494-40-9912 lot 12 1494-41-6334 Lot 22 • 1494-40-7919 Lot 27 1494-40-7873 Lot 30 .. 1494-40-7810 Lot 31 ',r %` 1494-40-6769 Lot 32 • 1494-40-6717 Lot 33 11494 40-5776 Lot 34 DISCLOSURE SET 'I a • a ` X • ;1 1 • ���'' 1 ice.' .- 1 I.-. • • • •f Enclave, Enclave HOA, & Huffman Agenda Items D4 & D5 Page 21 Disclosure Statement Virginia Beach APPLICANT'S NAME Enclave al PA BC, LLC DISCLOSURE STATEMENT FORM (SET 1) 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 Eace•tion for (EDIP) Board of Zoning Encroachment Request Rezoning A. •eats Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. e SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/ d 5rIoswes be..pdaztdRan 17; k to any ] Page I of Planning COMMISSIOn add C 5 5 ounci.meet , dtjtea s o Thf_aPPI rain Ms) Ar APPLICANT NOTIrIED OF HEARING DATE 06/14/2017 • ® w CHANCES AS OF DATE 06/20/2017 t REVISIONS SHaminn DATE l Stephen White Enclave, Enclave HOA, & Huffman Agenda Items D4 & 05 Page 22 Disclosure Statement ` � (SET 1) B Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ZCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (Al List the Applicant's name:Enclave at PA BC, LLC If an LLC,list all member's names: See Attached List If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 a SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner jt 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 7 Enclave, Enclave HOA, & Huffman Agenda Items D4 & D5 Page 23 Disclosure Statement (SET 1) APPLICANT DISCLOSURE ENCLAVE AT PA BC, LLC,a Virginia limited liability company: Manager: Bishard Development Corporation,a Virginia corporation Officers: Steven W. Bishard,President John Bishard,Vice President/Secretary Robert Deacon,Vice President of Operations Thomas A.Lewis,III,Chief Financial Officer Member: EPA Grave,LLC,a Virginia limited liability company Members: Wayne Crosby,Manager Member: BI)Ventures,Inc.,a Virginia corporation Officers: Robert Deacon,President/Director Member: Lewmark,Inc.,a Virginia corporation Officers: Thomas A. Lewis,III,President Enclave, Enclave HOA, & Huffman Agenda Items D4 & D5 Page 24 Disclosure Statement (SET 1) 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 t or affiliated business entity 2 relationship with the Property Owner: (Attach fist if necessary) I "Parent-subsidiary relationship' means relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation' See State and Local Government Conflict of Interests Act,Va Code§2 2-3101. 2 'Affiliated business entity relationship' relationship, other than parent-subsidiary relationship,that exists when id one business entity has a controlling ownership interest in the other business entity,01)a controlling owner in one entity is also a controlling owner in the other entity,or 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 ownmanage the two entities',there are common or commingled funds or assets',the business entitieshare the use of the same offices or employees or otherwise share activities. resources or personnel on 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 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 SEPERATELV Page 3 of Enclave, Enclave HOA, & Huffman Agenda Items D4& 05 Page 25 Disclosure Statement (SET 1) APPLICANT Virginia VES I NO SERVICE PROVIDER(use additional meet needed) ❑ ® Accounting and/or preparer of your tax return ❑ ® Architect/Landscape Architect/ Land Planner ❑ ® Contract Purchaser(KDther than the Applicant)-identify purchaser and purchasers service providers Any other pending or proposed purchaser of the subject property Z (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents MSA,P.C. financing(Include current Unon Bank CImortgageholders and lenders M selected or being considered to provide financing for acquisition or construction of the property) Zn Legal Services Sykes,Bourdon,Ahem&Levy.P.0 Real Estate Brokers/ /V z 1 Agents/Realtors for current and anticipated future sales of the subject property ` a e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ „ an interest in the subject land or any proposed development �. contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of? Enclave, Enclave HOA, & Huffman Agenda Items D4& D5 Page 26 Disclosure Statement `B (SET 1) Virginia Beach rERTIFICATION: 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 o y public body or committee In connection with this A plication.Enclave at B LLC by Bbba'd Development Corporation.as Manager (,) John Bishard,Vice President 8/01/16 A NT'S SICNATVR PRINT NAME DATE Page 5 of 7 Enclave, Enclave HOA, & Huffman Agenda Items D4& D5 Page 27 Disclosure Statement Virginia Beach APPLICANT'S NAME Enclave at PA BC, LLC DISCLOSURE STATEMENT FORM {SET 2) The completion and submission of ibis form is required for an applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property 1 Disposition of City [ Modification of by City i Property Conditions or Proffers _ Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exce•tion for (EDIP) Board of Zoning Appeals Encroachment Request Rezoning 1 Certificate of Floodplain Variance Appropriateness - - Street Closure Historic Review Board) Franchise Agreement. Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 8 _ �v " - 06[112017 . Z ® 0B/20f2Ull g I ( I • r, Stephen Whi Enclave, Enclave HOA, & Huffman Agenda Items D4& 1/5 Page 28 Disclosure Statement - (SET 2) Virginia Beach • Check here if the APPLICANT 15 .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.Enclave at PA BC. LLC If an LLC, list all member's names. See Attached List If a CORPORATION, list the the names of all officers, directors, members. trustees, etc.below (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity e relationship with the Applicant. (Attach list if necessary) See next page for information pertaining to footnotes' and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. © Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm. business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name: Anthony B. Huffman,Jr. If an LLC, list the member's names: 2 of 7 Enclave, Enclave HOA, & Huffman Agenda Items D4& D5 Page 29 Disclosure Statement (SET 2) APPLICANT DISCLOSURE ENCLAVE AT PA BC, LI.C,a Virginia limited liability company: Manager: Bishard Development Corporation,a Virginia corporation Officers: Steven W. Bishard, President John Bishard,Vice President/Secretary Robert Deacon,Vice President of Operations Thomas A. Lewis, III,Chief Financial Officer Member: EPA Grave, LLC,a Virginia limited liability company Members: Wayne Crosby, Manager Member: BD Ventures, Inc.,a Virginia corporation Officers: Robert Deacon, President/Director Member: Lewmark, Inc.,a Virginia corporation Officers: Thomas A. Lewis, Ill, President Enclave, Enclave HOA, & Huffman Agenda Items D4 & D5 Page 30 Disclosure Statement (SET 2) Virginia Reach If a Corporation, list the names ofall officers, directors,'timbers,trustees, etc. below- (Attach fist if necessary) (B) List the businesses that have rent-subsidiary I or affiliated business entity 2 relationship with the Prop Iy Owner (Attach list if necessary) -Parent sub lary relations hip means a relationship that exists when one corporation directly or indirectWns shares possessing more than 50 percent of the voting power of another corporation- SeeSte and local Government Conflict of Interests Act Va Code§2 2 atm Alt hated business entity relationship' means "a relationshipother than parent subsidiary lauonship that exists when til one business entity has a controlling ownership interest in the other business entity.Una controlling ownerentity is also a controlling ownerin the other entity. or liln there is shared management oneolbetween the business entities Facmn that should be considered in determining theexistenceof an affiliated business entity relationship include that the same person or substantially the same person ownmanage the two entities.there are common or commingled funds or assets. the business entitieshare the u of the same offices or employees or otherwise share activities, resourceson or personnel regular basis, or there is otherwise a close working relationship betweenthe entities' See Stateand Local Government Conflict of Interests Act, Va Code§ 3 3.3101 a SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or tote.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 SEPERATEIV Page 3 of Enclave, Enclave HOA, & Huffman Agenda Items D4 & D5 Page 31 Disclosure Statement (SET 2) Virginia Beach CERTIFICATION: 1 certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this dation Enclave at PA B LLC by Bishard Development Corporation its Manager __ John Bishard. Vice President 8101116 I APfL ANT'SSIGNATURE ; PRINT NAME DAT[ Enclave, Enclave HOA, & Huffman Agenda Items D4 & DS Page 32 Disclosure Statement (SET 2) 11/4 B OWNER Virginia YES] [NO SERVICE • PROVIDER sheets ; ❑ ❑X i Accounting and/or preparer of your tax return I I h/I Architect/Landscape Architect/ �J IJ Land Planner ❑ ' ContrastPurchaser e( other th tpurtha Zi the Aoolicant)-identify purchaser r , and purchaser's service providers Any other pending or proposed ❑ z purchaser of the subject property L (identify purchaser(sl and purchaser's service providers) n o Construction Contractors ---- — --_ -_ ❑ ❑X Engineers/Surveyors/Agents • Financing(include current 1 IMoagage Electronic Registration ❑X n mortgage holders and lenders Systems.Inc selected or being considered to provide financing for acquisition ll��/7II or construction nstruction of the property) Vel ❑ Legal Real Estate Brokers / , ❑ �/I Agents/Realtors for current and anticipated future sales of the subjectproperty a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of? Enclave, Enclave HOA, & Huffman Agenda Items D4& D5 Page 33 • Disclosure Statement (SET 2) W Virginia Beach CERTIFICATION: I certify that all of the Information contained in this Disclosure Statement Form Is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee In connection with this Application. - ,� ��, Anthony B. Huffman,Jr. .i- 12 14 O PROPERTY WW1 SI RE PRINT NAME ATE I Page 7 of 7 Enclave, Enclave HOA, & Huffman Agenda Items D4 & 05 Page 34 Disclosure Statement B Virginia Beach APPLICANT'S NAME The Enclave at Princess Anne Homeowners' Association.Inc..a Virginia non-stock corporation DISCLOSURE STATEMENT FORM (SET 3) 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 Ezce•tion for (EDIP) Board of Zoning Encroachment Request Rezoning A• •eals Certificate of Floodplain Variance Appropriateness Street Closure Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE Page I of 7 QJ • 06/14/2027 ® _ 06/20/2017 6-I-II.. Stephen i Enclave, Enclave HOA, & Huffman Agenda Items D4& D5 Page 35 Disclosure Statement ` (SET 3) V B 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-The Enclave at Princess Anne Homeowners Association.Inc. If an LLC, list all member's names: If a CORPORATION, list the the names of all officers,directors, members, trustees, etc.below: (Attach list if necessary) Wayne Crosby, President/Director:Tommy Lewis,Treasurer:John K. Bishard, Secretary;John Napier,Director (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE* Complete Section 2 only if property owner is different from Annlicant. rl 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 * There are two property owners: Page 2 of 7 (1)The Enclave at Princess Anne HOA,a Virginia non-stock corporation (2)Enclave at PA BC, LLC Information for Enclave al PA BC, LLC follows information for Property Owner 1 Enclave, Enclave HOA, & Huffman Agenda Items D4 & D5 Page 36 Disclosure Statement (SET 3) 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 t or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship' means 'a relationship that exists when onecorporation directly or indirectly owns shares possessing more than 50 percent of the voting poweof another corporation' See State and Local Government Conflict of Interests Act,Va. Code 51.2-3101. 'Affiliated business entity relationship' 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 ownerin the other entity,or (iii) there Is shared management orcontrol between the business entitleFactors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person ownmanage the two entities:there are common or commingled funds or assets;the business entitieshare the use of the same offices or employees or otherwise share activities, resourceson or personnel regular basis, or there is otherwise a close working relationship betweenthe entities See State and Local Government Conflict of Interests Act, Va.Code§ 2,e-3101. • a SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business Operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of Enclave, Enclave HOA, & Huffman Agenda Items D4& D5 Page 37 Disclosure Statement (SET 3) APPLICANT Virginia Beach IYES f NO ' SERVICE PROVIDER wu wmnanu sxe s u needed) n ® Accounting and/or preparer of your tax return ❑ �/ • Architect/Landscape Architect/ L� Land Planner _. ._ _. ® ❑ Con banyan°-Id ntify1 chap dsnard Development Corporation the Aprcihane)sIdentify purchaser and purchaser's service providers Any other pending or proposed. ❑ ® purchaser of the subject property • (identify purchaser(s)and purchaser's service providers) • zi Construction Contractors IZ ❑ Engineers/Surveyors/Agents MSA P.0 Financing(include current ❑ IN mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • CLegal Services R Edward Bourdon.Jr Esquire/John Napier. Real Estate Brokers/ Esgwre ❑ Lam.z Agents/Realtors for current and anticipated future sales of the subject_property a e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have H ix an interest in the subject land or any proposed development contingent on the subject public action? _ If yes, whet is the name of the official or employee and what is the nature of the interest[ Page O of 7 Enclave, Enclave HOA, & Huffman Agenda Items D4& D5 Page 38 Disclosure Statement (SET 3) W Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this tion. A n r Wayne Crosby. President 7/29/16 f ___. . ____.. T' 6 E ' PRINT NAME DATE _ I The Enclave el Princess Anne HOA,Int. Page S of Enclave, Enclave HOA, & Huffman Agenda Items D4& D5 Page 39 Disclosure Statement (SET 3) OWNER 2 Enclave at PA BC, LLC SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only]f propeflY owner is different from Aaplicont. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. I I Check here if the PROPERTY OWNER_ IS a corporation, partnership, firm, business, or other unincorporated organization, A_N0 THEN,complete the following. (A) List the Property Owner's name: .Enclave at PA BC, LLC _, If an LLC, list the member's names: ENCLAVE AT PA BC, LLC,a Virginia limited liability company: Manager: Bishard Development Corporation, a Virginia corporation Officers: Steven W. Bishard, President John Bishard,Vice President/Secretary Robert Deacon,Vice President of Operations Thomas A. Lewis, 111, Chief Financial Officer Member: EPA Grave, LLC,a Virginia limited liability company Members: Wayne Crosby,Manager Member: BD Ventures, Inc.,a Virginia corporation Officers: Robert Deacon, President/Director Member: Lewmark, Inc.,a Virginia corporation Officers: Thomas A. Lewis, III, President Enclave, Enclave HOA, & Huffman Agenda Items D4& DS Page 40 Disclosure Statement (SET 3) OWNER 2 Enclave at PA BC, LLC Virginia Beach LYES] NO SERVICE PROVIDER use additional sheets If needed) I�1 /V Z Accounting and/or preparer of Ir your tax return ❑ ❑X Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than ® the Applicant)-identify purchaser and purchaser's service providers I I Any other pending or proposed LI IJ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors ® El Engineers/Surveyors/Agents MSA,P C financing(include current Union Bank ❑ mortgage holders and lenders Z selected or being considered to provide financing for acquisition or construction of the property) M ❑ Legal Services Sykes,Bourdon.Ahem 8 Levy,P.C. Real Estate Brokers/ Agents/Realtors for current and anticipated future sales of the sub'ect •ro•ert e e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have f " 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 Enclave, Enclave HOA, & Huffman Agenda Items D4 & 05 Page 41 Disclosure Statement (SET 3) OWNER 2 Enclave at PA BC, LLC 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 o y public body or committee In connection with this A plication. Enclave at B LLC by Bishard Development Corporation,its Manager �'e r 75, John Bishard,Vice President 8101/16 A NT'S SIGNATURE PRINT NAME DATE Enclave, Enclave HOA, & Huffman Agenda Items D4& D5 Page 42 S4G`Nikelc .p 04 �;,vv✓IIr 9c x CITY OF VIRGINIA BEACH / 5 INTER-OFFICE CORRESPONDENCE 0" YOOP In Reply Refer To Our File No. DF-9741 DATE: August 4, 2017 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilso'$' DEPT: City Attorney RE: Conditional Zoning Application;The Enclave at Princess Anne Homeowner's Association, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 15, 2017. I have reviewed the subject proffer agreement, dated July 29, 2016 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS THE ENCLAVE AT PRINCESS ANNE HOMEOWNERS' ASSOCIATION, INC., a Virginia non-stock corporation ENCLAVE AT PA BC, LLC,a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 25th day of July, 2016, by and between THE ENCLAVE AT PRINCESS ANNE HOMEOWNERS' ASSOCIATION, INC., a Virginia non- stock corporation, party of the first part, Grantor; ENCLAVE AT PA BC, LLC, a Virginia limited liability company, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: GPIN: 1494-40-4576 Open Space 1 1494-41-5260 Open Space 3 1494-41-3213 Open Space 2 1494-41-5471 Open Space 5 1494-40-5579 Lot 1494-40-6672 Lot 3 1494-40-6621 Lot 2 1494-40-7614 Lot 4 1494-40-8659 Lot 7 1494-40-7666 Lots 1494-40-8996 Lot 13 1494-40-8617 Lot 6 1494-41-8070 Lot 14 1494-40-9710 Lot 8 1494-41-8044 Lot 15 1494-40-9774 Lot 9 1494-41-8029 Lot 16 1494-40-9861 Lot 10 1494-41-7194 Lot 17 1494-40-9847 Lot 11 1494-41-7178 Lot 18 1494-40-9912 Lot 12 1494-41-7242 Lot 19 1494-41-6334 Lot 22 1494-41-7217 Lot zo 1494-40-7919 Lot 27 1494-41-6370 Lot 21 1494-40-7873 Lot 3o 1494-41-6307 Lot 23 1494-40-7810 Lot 31 1494-41-6122 Lot 24 1494-40-6769 Lot 32 1494-41-6057 Lot 25 1494-40-6717 Lot 33 1494-41-6085 Lot 26 1494-40-5776 Lot 34 1494-40-7934 Lot 28 1494-40-7859 Lot 29 PREPARED BY. 's Is SYK'ES.NOCRUON' Prepared hy: AI- ARERN&1439' RC- R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 WHEREAS, the party of the first part is the owner of those two (2) parcels of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing a total of approximately 5.756 acres designated "OPEN SPACE 1" and "OPEN SPACE 2",as described in Exhibit"A"attached hereto and incorporated herein by reference, are referred to herein as the"Property"; and WHEREAS, the party of the first part is a mandatory membership Homeowner's Association whose members are every owner of property within the initial thirty-four (34) lot Enclave at Princess Anne Subdivision, which were developed and built by the party of the second part; and WHEREAS, the party of the second part is the owner of those eighteen (18) undeveloped lots within the existing Enclave at Princess Anne Subdivision located in the Princess Anne District of the City of Virginia Beach, Virginia containing a total of approximately 2.126 acres, as described in Exhibit "A" attached hereto and incorporated herein by reference, are referred to herein as the"Property"; and WHEREAS, the Grantors have initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantors have requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated August 30, 2011 as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20111206001247740 (hereinafter "2011 Proffers"), to reflect amendments applicable to the land use plan on the Property; and WHEREAS, it is the intent of the Grantors that the proffered covenants, restrictions and conditions contained herein shall modify those Proffers numbered "3", "7" and "10" as contained in the 2011 Proffers; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of PREPARED BY'. S B SYKLS,uoceuoN. uses, certain reasonable conditions governing the use of the Property for the protection of "L AUGav&LRYf.P.L. the community that are not generally applicable to land similarly zoned are needed to cope 2 with the situation to which the Grantors' proposed modification of conditions to the zoning gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following two (2) amendments to the Covenants, Conditions and Restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property within the Enclave at Princess Anne Subdivision, which shall be binding upon the Property and upon all parties and persons who are members of the party of the first part, as well as those claiming under or through the Grantors, their successors, persona] representatives, assigns, grantees, and other successors in interest or title: 1. Proffer numbered 3 in the 2011 Proffers is hereby deleted and replaced with the following"NEW PROFFER #3": 3. When Nimmo Parkway is constructed and opened for travel across the 1.52 acre parcel dedicated to the Grantee for "FUTURE NIMMO PARKWAY EXPANSION" as depicted on the "MODIFIED CONCEPTUAL SITE LAYOUT PLAN OF ENCLAVE @ PRINCESS ANNE —PHASE II"dated July 25, 2016, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter the "Modified Conceptual Plan"), the Subdivision's access shall be shifted by the Grantee to Nimmo Parkway and the PREPARED BY S 13 S\'Gts DOUpuON, approximately 425 linear feet of existing access road from North Landing A°t ABERB&Ln�' P.C. Road shall be closed and removed by the Grantee. The closed section of roadway shall be transferred to the party of the first part and added to the 3 adjacent Modified Open Space 113 which the party of the first part shall be responsible to maintain. 2. Proffer numbered 7 in the 2011 Proffers is hereby deleted and replaced with the following"NEW PROFFER#7": 7. The dimensional requirements applicable to the single family lots numbered I through 34 on the Concept Plan shall be as follows: • Minimum front yard setback 20 feet • Minimum side yard setback 5 feet • Minimum rear yard setback Lots number 1 through 9 20 feet Lots numbered 10 through 34 10 feet • Minimum lot size 5,000 square feet • Maximum lot coverage Lot 13 47.60 percent Lot 31 46.52 percent All Lots, except 13 and 31 43.50 percent 3. Proffer numbered 10 in the 2011 Proffers is hereby deleted and replaced with the following"NEW PROFFER #10": 10. The areas depicted and designated "MODIFIED OPEN SPACE 3A'; MODIFIED OPEN SPACE '1B'; EXISTING OPEN SPACE '2', '3' AND '5"' on the Modified Conceptual Plan are owned and maintained by the Grantors, to be used by its members consistent with the intent and regulations set forth in Article 3 of the Grantee's Zoning Ordinance ("Preservation District"). Upon recordation of a Subdivision Plat for the 5.36 acre "PHASE TWO" of the Enclave Ca Princess Anne as depicted and described on the Modified Conceptual Plan, the party of the first part shall convey to the Grantee a public right of way across that portion of its existing OPEN SPACE 1, to be improved by the party of the second part and the Grantee shall convey to the Grantor that area depicted and described as "PROPOSED ADDITION TO PREPARED BY OPEN SPACE 2 (0.09 AC)"on the Modified Concept Plan. 5 li SYLI S. ROURUON. A"t ANFRN&LEVY.Rr. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue 4 in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted , by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded,said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of PREPARED BY 5 B $YKES. NoRDOA the Zoning Administrator and in the Planning Department, and they shall be recorded in A`t AHtks A LEvv.er, the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 5 WITNESS the following signature and seal: Grantor: The Enclave at Princess Anne Homeowners' Association, Inc., a Virgi I is non-stock corporation By: L . (SEAL) Rayne , P: ent STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this �9a' day of July, 2016, by Wayne Crosby, President of The Enclave at Princess Anne Homeowners' Association, Inc., a Virginia non-stock corporation, Grantor. /AI 17Y1 Notary Public ." H, �•Q CC My Commission Expires: August 31, 2018 Notary Registration Number: 192628 ch PREPARED BY S'B SYKLS. ROIINDON. A°L AIIL1tN R LINT,RI. 6 WITNESS the following signature and seal: Grantor: Enclave at PA BC, LLC, a Virginia limited liability company By: Bishard Development Corporation, a Virginia corporation,its Mana.er t' By: +-.L✓ p'� ‘s..,II..,II (SEAL) Steven W.Bishard,P adent STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 24th day of May, 2017, by Steven W. Bishard, President of Bishard Development Corporation, a Virginia corporation, Manager of the Enclave at PA BC, LLC, a Virginia limited liability company, Grantor. attest 311 My Commission Expires: U.urest 311 1 f1 ry NotaRegistration Number: �1.SIo MELONIE MCHUGH Hairy Public Commanwalt of Virg la 256255 My Commission Expires Aug 31.2017 7 EXHIBIT "A" OPEN SPACE 1 (GPIN: 1494-40-4576) ALL THAT certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, being designated as "OPEN SPACE 1", as shown on that certain plat entitled "Subdivision of The Enclave at Princess Anne, Phase 1", said plat being recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20150528000486570, to which reference is made for a more particular description. OPEN SPACE 2 (GPIN: 1494-41-3213) ALL THAT certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, being designated as "OPEN SPACE 2", as shown on that certain plat entitled "Subdivision of The Enclave at Princess Anne, Phase 1", said plat being recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20150528000486870, to which reference is made for a more particular description. III' Lots Comprising 2.126 Acres ALL THOSE certain pieces or parcels of land situate, lying and being in the City of Virginia Beach, Virginia, being designated as Lots 1, 2, 7, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24, 25, 26, 28 and 29, as shown on that certain plat entitled "SUBDIVISION OF THE ENCLAVE AT PRINCESS ANNE, PHASE 2 (INSTR. No. 20150528000486570) VIRGINIA BEACH, VIRGINIA", said plat being recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20160328000252690, to which reference is made for a more particular description. Lot 1494-40-5579 Lot 19 1494-41-7242 Lot 2 1494-4-6621 Lot 20 1494-41-7217 Lot 7 1494-40-8659 Lot 21 1494-41-6370 Lot 13 1494-40-8996 Lot 23 1494-41-6307 Lot 14 1494-41-8070 Lot 24 1494-41-6122 Lot 15 1494-41-8044 Lot 25 1494-41-6057 Lot 16 1494-41-8029 Lot 26 1494-41-6085 Lot 17 1494-41-7194 Lot 28 1494-40-7934 Lot 18 1494-41-7178 Lot 29 1494-70-7859 , PREPARED BY. OPEN SPACES 3 &5(GPIN'S: 1494-41-5260; 1494-41-5471) SB SMS.11061160N. ANERN&LEVY.PC. ALL THAT certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, being designated as "OPEN SPACE 3" and "OPEN SPACE 5", as shown on that certain plat entitled "Subdivision of The Enclave at Princess Anne, Phase 1", said plat 8 being recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20150528000486570, to which reference is made for a more particular description. ALL THOSE certain pieces or parcels of land situate, lying and being in the City of Virginia Beach, Virginia, being designated as Lots 3, 4, 5, 6, 8, 9, 10, 11, 12, 22, 27, 30, 31, 32, 33 and 34, as shown on that certain plat entitled "SUBDIVISION OF THE ENCLAVE AT PRINCESS ANNE, PHASE 2 (INSTR. No. 20150528000486570) VIRGINIA BEACH, VIRGINIA", said plat being recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20160328000252690, to which reference is made for a more particular description. Lot 3 1494-40-6672 Lot 12 1494-40-9912 Lot 4 1494-40-7614 Lot 22 1494-41-6334 Lot 5 1494-40-7666 Lot 27 1494-40-7919 I Lot 6 1494-40-8617 Lot 3o 1494-40-7873 Lot 8 1494-40-9710 Lot 31 1494-40-7810 Lot 9 1494-40-9774 Lot 32 1494-40-6769 Lot 10 1494-40-9861 Lot 33 1494-40-6717 Lot 11 1494-40-9847 Lot 34 1494-40-5776 H:AAM\Mod of Proffers\Enclave C Princess Anne IIOA\1st Amendmentn to Proffers clean 6-20-17.doc PREPARED BY S.B SITES. BOUItDON. A`L AIIHIN K IWIN,P.C. 9 o� �:ttiS (t) ?nit z CITY OF VIRGINIA BEACH u :It INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-9741 DATE: August 4, 2017 TO: Mark D. Stiles \ DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Enclave at PA BC, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 15, 2017. I have reviewed the subject proffer agreement, dated July 28, 2016 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom ANTHONY B. HUFFMAN,JR. ENCLAVE AT PA BC, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 29th day of July, 2016, by and between ANTHONY B. HUFFMAN, JR., party of the first part, Grantor; ENCLAVE AT PA BC, LLC, a Virginia limited liability company, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of that certain portion of a parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 1.20 acres which is designated Parcel 1 and more particularly described in Exhibit"A"attached hereto and incorporated herein by this reference; and WHEREAS, the party of the second part as contract purchaser of the Parcel 1, and as the owner of two (2) parcels of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 4.16 acres which are designated Parcel 2 and Parcel 3 and more particularly described in Exhibit "A", has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of these three (3) parcels (hereinafter the "Property") from AG-1 and AG-2 Agricultural Districts to Conditional PDH-2 Planned Unit Development District with an underlying R-7.5 Zoning District; and GPIN: 1494-40-8502 (Part of) 1494-40-7232 1494-40-9163 Prepared By: It Edward Bourdon,Jr,Esquire VSB 422160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors'rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the PDH-2 (R-7.5) Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pm quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantee,and other successors in interest or title: i. When the Property is developed, it shall be as Phase II of an existing residential community with no more than 17 single family residential lots,connected walking trails, within and between Open Spaces and an added Tot Lot within Open Space 2 (Phase r)substantially in accordance with the "MODIFIED CONCEPTUAL SITE LAYOUT PLAN OF ENCLAVE @ PRINCESS ANNE TO INCLUDE PHASE II VIRGINIA BEACH, VA", dated 07/25/16 - R, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(the"Concept Plan For Phase II"). 2 2. If, as a result of the review of the Subdivision Construction Plan for Phase II by the Grantee, the Grantee concludes modifications are necessary to the existing stormwater management facilities installed with Phase I, the Grantor shall modify those facilities during the development of Phase II. 3. When the Property is developed, vehicular Ingress and Egress to the Property shall be limited to the access depicted on the Concept Plan For Phase II, 4. The total number of residential lots permitted to be subdivided on the Property shall be no more than 17. Each home shall contain a minimum of 1800 square feet of living area, and a one(1) car garage. 5. When the Property is developed, the architectural design of the new residential homes to be constructed on Lots 1 through 17, Phase II as depicted on the "Concept Plan For Phase II"will be substantially as depicted on the exhibits entitled, "BISHARD HOMES SF-32 ELEVATION STANDARD & SF-32 ELEVATION UPGRADE", dated 5/19/2015; "BISHARD HOMES SF-33 ELEVATION STANDARD & SF-33 ELEVATION UPGRADE", dated 5/12/2015; 'BISHARD HOMES SF-34 ELEVATION STANDARD", dated a/5/2015; "BISHARD HOMES SF-35 ELEVATION STANDARD", dated 9/24/2015; "SF-41 Bishard Homes, A ELEVATION", dated 6/15/2016; and "SF-42 Bishard Homes, A ELEVATION", dated 5/16/2016; "SF-48 BISHARD HOMES, ELEVATION" dated 12/12/2016, prepared by J. Bengston, Land Planning Solutions, and elevations designated "SINGLE FAMILY 6 A-6,A- 7 and A-8", dated 12/29/2012, prepared by Linda R. Sullivan, Progressive Designs, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). The exterior building materials on the new residential homes shall be limited to brick, stone, fiber cement siding, hardiplank, cedar shake, faux shake of earth tone colors. 6. The dimensional requirements applicable to the single family lots numbered 1 through 17, Phase II on the Concept Plan For Phase II shall be as follows: • Minimum front yard setbacks zo feet • Minimum side yard setback 7 feet • Minimum side yard setback adjacent to a Street 15 feet • Minimum rear yard setback Lots numbered 1 through 4, 10 and it (Phase II) 20 feet 3 Lots numbered 5 through 9 and 12 through 17(Phase II) 10 feet • Minimum lot size 5,000 square feet • Maximum lot coverage 39 percent 7. When the Property is developed, the proposed "Tot Lot" depicted within Existing Open Space 2 shall include age appropriate playground equipment for youth under the age of ten (to) years old costing not less than Five Thousand Dollars ($5,000.00), which shall be reviewed and approved by the Director of the Department of Planning or his designee during Subdivision Review. 8. When the Property is developed the areas depicted on the Concept Plan For Phase II which will not be residential lots are open spaces which shall be utilized as such and the Grantor shall record a Declaration submitting the Residential Property to the existing mandatory membership Enclave at Princess Anne Homeowners' Association which Association shall also be conveyed title to the Proposed Addition To Open Space 2 (0.09 AC). The Association shall be responsible for maintaining all open spaces, entrance features, landscaping, trails and other improvements on the Property as depicted on the Concept Plan For Phase II. 9. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the 4 Code of Virginia, 195o, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (0) The Zoning Administrator of the City of Virginia Beach,Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantors and the Grantee. 5 WITNESS the following signature and seal: Grantor: (1,. Iv �(�-I'� (SEAL) Ayhong B. uttman,g STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: 77 al t The foregoing instrument was acknowledge before me this L-) day ofAMg st, 2016, by Anthony B. Huffman,Jr., Grantor. ��/I �/FJ, Notary Public My Commission Expires: 1 ' /, Notary Registration Number: /(( )(Y OFFICIAL SEAL �' HARRY R.PURKEY,JR. NmRt iIIN' r'illtCOMMONWFAtiN OF'mem e ' 10117116561 6 WITNESS the following signature and seal: Grantor: Enclave at PA BC, LLC, a Virginia limited liability company By Bishard Development Corporation, a Virginia corporatio/n,its Manager By: .46111 • I ...._/ (SEAL) I o r � Bishard,Vice President / STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this tt day of August, 2016,by John Bishard, Vice President of Bishard Development Corporation, a Vagina corporation, Manager of the Enclave at PA BC,LIE,a Virginia limited liability company,Grantor. ArAiLL4UP Notary Public My Commission Expires: Q,yss4 -1, zaq Notary Registration Number: 3s-c" MELONIE MCHUGH Notary Pu00o Commonwglm of Vlrpmli 256255 My ConmNnion Expire A . 31,2017 7 EXHIBIT "A" LEGAL DESCRIPTIONS PARCEL 1 PART OF GPIN: 1494-4o-8502 ALL THAT certain piece or parcel of land containing 1.2 acres, situate, lying and being in the City of Virginia Beach,Virginia, and being the eastern 1.2 acre portion of"Lot X", which Lot X is depicted on the "Subdivision of Property of the Knight Family Revocable Trust"as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20060216000255860. Said parcel being more particularly described as follows: Beginning at a pin at the northeast corner of Lot X, running South 72° 33' 59" West along the northern property line of Lot X, a distance of 375.90 feet to a point; thence South 17° 25' 35" east, a distance of 135.99 feet to a point on the southern property line of Lot x; thence along the southern property line of Lot X, North 73° 04' 42" east, 384.88 feet to a point at the southeastern corner of Lot X; thence along the eastern property line of Lot X, North 21° o6' 14",west a distance of 139.71 feet to the Point of Beginning. PARCEL 2 GPIN: 1494-40-7232 ALL THAT certain tract, piece or parcel of land, with the improvements thereon, and the appurtenances thereunto belonging, lying, situate and being in the Princess Anne Borough of the City of Virginia Beach, Virginia, and situated on the northern side of North Landing Road, near Princess Anne Courthouse and more particularly bounded and described as follows, to- BEGINNING at an old pipe, which pipe is in the northwest corner of the property now or formerly Cecil P. Land, and said old pipe being North 11 degrees 12'4" West, 125.25 feet from an old pin [on] the northern side of the right of way of North Landing Road at the dividing line between this property and the property of Earnest StyTon; thence turning and running along the rear line of the property now or formerly C.P. Land, North 72 degrees 45' 00" ["symbol is missing from prior recorded documents] East, 290.20 feet to an old pipe; thence turning and running North 14 degrees 34'32"West, 166.04'to a pipe; thence turning and running North 14 degrees 45' oo" East, 150.0o feet to an old pipe; thence turning and running North 14 degrees 19'3o"West, 200.87 feet to an old axle in the centerline of the ditch; thence South 8o degrees 01' 45" [' symbol missing from prior recorded documents] West, 384.68 feet to a pin; thence turning and running South o6 degrees 42' 1o" East, 421.73 feet to an old pipe, the Point of Beginning. TOGETHER WITH an easement and right of way in common with any other that may be granted by the grantor to the use of a 20 foot strip of land for ingress and egress, and designated as follows: BEGINNING at an old pin on the northern side of North Landing Road where the southwest corner of the property now or formerly C.P. Land intersects the northern side of the said North Landing Road, and from said Point of Beginning, running it degrees 13' 45" West, 125.25 feet to an old pipe; thence North o6 degrees 42' 20"West, 421.73 feet to a pin in the centerline of a 8 ditch; thence turning and running South a degrees 13' 45" East, to the side of the right of way of North Landing Road;thence turning in an easterly direction along the north side of the right of way of North Landing Road,to the Point of Beginning. PARCEL 3 GPIN: 1494-40-9163 ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being more particularly described as follows: BEGINNING at an iron bar in the north side of North Landing Road to Princess Anne Courthouse Road and running thence N. 13 degrees W. 290.4 feet, to a pipe; thence N. 74 degrees 05' E. 150.0 feet to an axel on the line of Willoughby A. Simon's property; thence S. 13 degrees E. 290.4 feet along Simon's line to said North Landing Road; thence S. 94 degrees 05' W. 150.0 feet to the point of beginning; and containing one(1) acre; as shown on that plat duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Map Book 24, at Page 88. El:AAMVConditional Rezoning AEnclave(Princess AnneA Proffer Agreement.doc 9 Items D4&D5 Enclave at PA BC, L.L.C. Conditional Rezoning AG-1 &AG-2 Agricultural District to PD-H2 Planned Unit Development(R-7.5 Residential) 2754 North Landing Road,2804 North Landing Road and Eastern 1.2 Acres of 2808 North Landing Road The Enclave at Princess Anne Homeowners Association and The Enclave at PA BC, L.L.C. Modification of Proffers North Side of North Landing Road, 2,700 feet west of West Neck Road District 7 Princess Anne July 12, 2017 CONSENT An application of Enclave at PA BC, L.L.C. for a Conditional Rezoning (AG-1—AG-2 Agricultural District to PD-H2 Planned Unit development(R-7.5 Residential on property located at 2754 North Landing Road, 2804 North Landing Road and Eastern 1.2 Acres of 2808 North Landing Road and an application of The Enclave at Princess Anne Homeowners Association and The Enclave at PA BC, L.L.C.for a Modification of Proffers on property located on the North Side of North Landing Road, 2,700 feet west of West Neck Road, District 7, Princess Anne. Proffers/Modification(Phase 1) 1. Proffer numbered 3 in the 2011 Proffers is hereby deleted and replaced with the following "NEW PROFFER#3": 3. When Nimmo Parkway is constructed and opened for travel across the 1.52 acre parcel dedicated to the Grantee for"FUTURE NIMMO PARKWAY EXPANSION" as depicted on the "MODIFIED CONCEPTUAL SITE LAYOUT PLAN OF ENCLAVE @ PRINCESS ANNE- PHASE II" dated July 25, 2016, prepared by MSA, P.C.,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(hereinafter the "Modified Conceptual Plan"),the Subdivision's access shall be shifted by the Grantee to Nimmo Parkway and the approximately 425 linear feet of existing access road from North Landing Road shall be closed and removed by the Grantee.The closed section of roadway shall be transferred to the party of the first part and added to the adjacent Modified Open Space B which the party of the first part shall be responsible to maintain. 2. Proffer numbered 7 in the 2011 Proffers is hereby deleted and replaced with the following "NEW PROFFER 87": 7. The dimensional requirements applicable to the single family lots numbered 1 through 34 on the Concept Plan shall be as follows: • Minimum front yard setback 20 feet Item D4& D5 Enclave at PA BC, L.L.C. The Enclave at Princess Anne Homeowners'Association Page 2 • Minimum side yard setback 5 feet • Minimum rear yard setback Lots number 1 through 9 20 feet Lots numbered 10 through 34 10 feet • Minimum lot size 5,000 square feet • Maximum lot coverage Lot13 47.60 percent Lot31 46.52 percent All Lots, except 13 and 31 43.50 percent 3. Proffer numbered 10 in the 2011 Proffers is hereby deleted and replaced with the following "NEW PROFFER#10": 10.The areas depicted and designated "MODIFIED OPEN SPACE '1A1; MODIFIED OPEN SPACE '1B'; EXISTING OPEN SPACE '2', '3'AND'5"' on the Modified Conceptual Plan are owned and maintained by the Grantors,to be used by its members consistent with the intent and regulations set forth in Article 3 of the Grantee's Zoning Ordinance ("Preservation District"). Upon recordation of a Subdivision Plat for the 5.36 acre "PHASE TWO" of the Enclave @ Princess Anne as depicted and described on the Modified Conceptual Plan,the party of the first part shall convey to the Grantee a public right of way across that portion of its existing OPEN SPACE 1,to be improved by the party of the second part and the Grantee shall convey to the Grantor that area depicted and described as"PROPOSED ADDITION TO OPEN SPACE 2 (0.09 AC)"on the Modified Concept Plan. Proffers/Rezoning(Phase 2) 1. When the Property is developed, it shall be as Phase II of an existing residential community with no more than 17 single family residential lots,connected walking trails, within and between Open Spaces and an added Tot Lot within Open Space 2 (Phase 1) substantially in accordance with the "MODIFIED CONCEPTUAL SITE LAYOUT PLAN OF ENCLAVE @ PRINCESS ANNE TO INCLUDE PHASE II VIRGINIA BEACH,VA",dated 07/25/16- R, prepared by MSA, P.C.,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(the "Concept Plan For Phase II"). 2. If,as a result of the review of the Subdivision Construction Plan for Phase II by the Grantee,the Grantee concludes modifications are necessary to the existing stormwater management facilities installed with Phase I,the Granter shall modify those facilities during the development of Phase II. 3. When the Property is developed,vehicular Ingress and Egress to the Property shall be limited to the access depicted on the Concept Plan for Phase II. Item D4& D5 Enclave at PA BC, L.L.C. The Enclave at Princess Anne Homeowners'Association Page 3 4. The total number of residential lots permitted to be subdivided on the Property shall be no more than 17. Each home shall contain a minimum of 1800 square feet of living area,and a one(1)car garage. 5. When the Property is developed,the architectural design of the new residential homes to be constructed on Lots 1 through 17, Phase II as depicted on the "Concept Plan For Phase II"will be substantially as depicted on the exhibits entitled, "BISHARD HOMES SF-32 ELEVATION STANDARD& SF-32 ELEVATION UPGRADE", dated 5/19/2015; "BISHARD HOMES SF-33 ELEVATION STANDARD& SF-33 ELEVATION UPGRADE", dated 5/12/2015; "BISHARD HOMES 51-34 ELEVATION STANDARD", dated 11/5/2015; "BISHARD HOMES SF-35 ELEVATION STANDARD",dated 9/24/2015; "SF-41 Bishard Homes,A ELEVATION", dated 6/15/2016; "SF-42 Bishard Homes,A ELEVATION",dated 5/16/2016;and "SF-49 BISHARD HOMES, ELEVATION", dated 12/26/2016, prepared by 1. Bengston, Land Planning Solutions, and elevations designated "SINGLE FAMILY 6 A-6, A-7 and A-S",dated 12/29/2012, prepared by Linda R. Sullivan, Progressive Designs, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations").The exterior building materials on the new residential homes shall be limited to brick, stone,fiber cement siding, hardiplank,cedar shake,faux shake of earth tone colors. 6. The dimensional requirements applicable to the single family lots numbered 1 through 17, Phase II on the Concept Plan for Phase II shall be as follows: • Minimum front yard setbacks 20 feet • Minimum side yard setback 7 feet • Minimum side yard setback adjacent to a street 15 feet • Minimum rear yard setback Lots numbered 1 through 4, 10,and 11 (Phase II) 20 feet Lots numbered 5 through 9 and 12 through 17 (Phase II) 10 feet • Minimum lot size 5,000 square feet • Maximum lot coverage 39 percent 7. When the Property is developed,the proposed "Tot Lot"depicted within Existing Open Space 2 shall include age appropriate playground equipment for youth under the age of ten (10)years old costing not less than Five Thousand Dollars($5,000.00),which shall be reviewed and approved by the Director of the Department of Planning or his designee during Subdivision Review. S. When the Property is developed the areas depicted on the Concept Plan for Phase II which will not be residential lots are open spaces which shall be utilized as such and the Grantor shall record a Declaration submitting the Residential Property to the existing mandatory membership Enclave at Princess Anne Homeowners'Association which Association shall also be conveyed title to the Proposed Addition to Open Space 2 (0.09 AC).The Association shall be responsible for maintaining all open spaces, entrance features, landscaping, trails, and other improvements on the Property as depicted on the Concept Plan for Phase II. Item D4& D5 Enclave at PA BC, L.L.C. The Enclave at Princess Anne Homeowners'Association Page 4 9. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item D4 & D5. AYE 10 NAYO ABSO ABSENT 1 HODGSON AYE HORSLEY AYE INMAN ABSENT 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 items D4 and D5 by consent Eddie Bourdon appeared before the Commission on behalf of the applicant. Bob Thornton: Commissioner Kwasny has asked to make a comment on one of the cases after we voted. Go ahead. Karen Kwasny: I just wanted to express my reservation in voting for consent on items D4 and D5.While the applicant worked since the deferral to make some changes to the application, I still find it to be deficient in addressing some of the desires that were expressed during the Planning Commission meeting in June, which were a matter of reducing the number of lots to a degree that would allow for more internal open space on a development and providing more active open space throughout the development,which I think is key to new development especially within the Princess Anne District and the area where open space is considered an amenity and active open space is a matter of culture and behavior.Thank you. \.••• \ ifir r------ 0 -:\ _____\ l ___ \k\---- , in Li 0 t ii7 fIC-m:3 I (3 lll--- llI I1313 X \------ z '-----: I Ce) 1----7 ------ (-1.._.A.- rr‘. 1-----v cD \ 1 1 . al co if ; N . \\_____ ..4 al \ • AI / I \ ., Ilia►itChduck/ROild / / I ,ogi114..I � Ar ` ti _ 1 - idI I r. \. 0 Xli 3.1 ''X \ .>Cij 411 1 11) 1.."' r 'I � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MOGUL PROPERTIES, LLC [Applicant & Property Owner] Conditional Change of Zoning (Conditional B-2 Community Business to Conditional B- 1A Limited Community Business) 317 S. Witchduck Road (GPIN 1467706098). COUNCIL DISTRICT— KEMPSVILLE MEETING DATE: August 15, 2017 ■ Background: The property is the location of the Historic Carraway House built in 1733, which is likely the oldest surviving structure in what was once the Village of Kempsville. This site is located within the Carraway House Historic and Cultural Overlay and the Historic Kempsville Area Overlay District. The house was moved to the current site in the 1960s from its former location on the east side of Princess Anne Road. In 1980, the subject site was rezoned from R-5 Residential to Conditional B-2 Community Business to allow for all uses in the R-5 District plus a retail shop use for the sale of antiques, antique reproductions, and related items and accessories. In 2006, after 10 years as a real estate office, the proffers were modified to additionally allow for business studios, offices and clinics. The applicant now requests to rezone the property to B-1A Limited Community Business District to enable additional uses on the site such as bakeries, delicatessens, business and vocational schools, beauty shops, laundry facilities, religious uses, and retail establishments. The proffers specifically exclude the more intense uses of the B-1A District such as animal pounds, shelters or commercial kennels; building mounted antennas; colleges and universities, public or private; communications towers; grocery stores, carry-out food stores and convenience stores; liquor Stores; and mini-warehouses. No exterior changes to the building are proposed. Mogul Properties, LLC Page 2 of 2 • Considerations: The applicant intends to maintain the historic integrity of the structure, and no changes to the building or to the site layout are proposed. The expanded uses, in Staff's view, will not adversely impact the historic character of the area. 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. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffers Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting D me ency: Planning Department\ , tL , - City Manager V ALL "'NNNN(UU/��lll 1 Applicant& Property Owner Mogul Properties, LLC Public Hearing July 12, 2017 Agenda Item fi:3 City Council Election District Kempsville City of 7 Virginia Beach Request Conditional Rezoning (Conditional B-2 Community Business to Conditional B-1A I r Limited Community Business) o g 3 I s c 3 i. 3 to, Nom o a o' s Staff Recommendation 4 P Approval o x g 00.RSA Staff Planner Jonathan Sanders pm�,,«o.e �0 *°t�` Location 1114 e1 317 S. Witchduck Road OM GPINi 49:' 0.06,6 cent..Dn.* $er Woods tw 1467706098 Site Size / 0.8 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District j . ir , ,,_ i :2 civ Office/Conditional B-2 Community Business, .:'+ ,I '- `' r mb`r�y Fs«^`,i • 7-7' a""`L. fit' Carraway House Historic and Cultural Overlay ;; 'r' ,_-- ' ' ', District, Historic Kempsville Area Overlay Districtti fl nt Surrounding Land Uses and Zoning Districts , • North ' , Single-family dwellings/R-10 Residential South ' _ . Shopping center/ B-2 Community Business, Historic Kempsville Area Overlay District 1(--F ' P" - ge m' orf ' • �� • East 4 F . 4 7C-, .J; - \�f C`--,4 South Witchduck Road r �� teirtifti ` r�Ei- . - ' 3 s �r ,' ,, City-owned open space/ B-4K Historic , - » ' " `� Kempsville Area Mixed Use, Historic Kempsville t'•"'l9 Vitra ���` 4.,..0_,-;:,- ` � , ' Area Overlay District West Mixed retail, offices/ B-2 Community Business, Historic Kempsville Area Overlay District Mogul Properties, LLC Agenda Item 7 Page 1 Background and Summary of Proposal • The property is the location of the historic Carraway House,which is likely the oldest surviving structure in what was once the Village of Kempsville, and is now located within the Carraway House Historic and Cultural Overlay and the Historic Kempsville Area Overlay District. It is believed that the house was built around 1733. The house was moved to the current site in the 1960s from its former location on the east side of Princess Anne Road. • In 1980,the subject site was rezoned from R-5 Residential to Conditional B-2 Community Business to allow for all uses in the R-5 District plus a retail shop use for the sale of antiques, antique reproductions, and related items and accessories. In 2006, after 10 years as a real estate office,the proffers were modified to additionally allow for business studios, offices and clinics. • The applicant now requests to rezone the property to B-1A Limited Community Business District to enable additional uses on the site such as bakeries, delicatessens, business and vocational schools, beauty shops, laundry facilities, religious uses, and retail establishments. The applicant is not proposing any exterior changes to the building. R-I0 — Zoning History tt,18 # Request ' r' 1 MOD Approved 11/28/2006 : .qK CRZ(R-5 to Conditional B-2)Approved 1/14/1980 2 REZ(B-2 to B-4K)Approved 06/21/2016 3 REZ(B-2 to B-4K)Approved 08/27/2013 klIO* 4 REZ(0-2 to B-4K)Approved 08/27/2013 5 REZ(0-2 to B-4K)Approved 05/19/2015 B B-2 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations This site is located in Suburban Focus Area 3 - Historic Kempsville Area. City Council adopted the Historic Kempsville Area Master Plan in 2006. The Plan outlines the methods needed to implement land use, environmental,transportation and design improvements to accomplish the desired revitalization of this area. Development should adhere to the vision and goals cited, especially as they relate to the protection of adjoining stable neighborhoods. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.There does not appear to be any significant environmental resources present. Mogul Properties, LLC Agenda Item 7 Page 2 The property is located in both the Carraway House Historic and Cultural Overlay District and the Historic Kempsville Area Overlay District, as the Carraway House is possibly the oldest surviving structure in what was the village of Kempsville. It is believed that the house was built around 1733. The house was moved to the current site in 1960s from its former location on the other side of Princess Anne Road. The purpose of the historic overlay districts is to enhance the appearance of the areas encompassed by the districts and to help restore the vitality of Virginia Beach's important and historic locations. Modifications to the exterior of structures, demolition of structures, and the installation of signage are all reviewed by the Historical Review Board prior to the issuance of a Certificate of Appropriateness; however, no exterior renovations are proposed at this time. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Witchduck Road 28,855 ADT 1 14,800 ADT 1(LOS°"C") Existing Land Use 3 22 ADT 27,400 ADT 1(LOS°"E") Proposed Land Use -22 ADT 1 Average Daily Trips 2as defined by 2,000 square 3as defined by 2,000 square feet of a LOS=Level of Service feet of general office building general office building Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation The request to rezone this parcel from Conditional B-2 Community Business District to Conditional B-1A Limited Community Business District,which will expand the permitted uses on the site,will, in Staff's view, be compatible with the intent of the historic and cultural districts and with the surrounding commercial and residential land uses. The proffers specifically exclude the more intense uses of the B-1A District,such as Animal Pounds, Shelters or Commercial Kennels; Building Mounted Antennas; Colleges and Universities, public or private; Communications Towers; Grocery Stores, Carry-Out Food Stores and Convenience Stores; Liquor Stores; and Mini-Warehouses. The applicant intends to maintain the historic integrity of the structure, and no changes to the building or to the site layout are proposed. Based on the above, Staff recommends approval of this request subject to the submitted proffers listed below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Mogul Properties, LLC Agenda Item 7 Page 3 Proffer 1: The Property is developed with the "Carraway House" substantially shown on that "PHYSICAL SURVEY OF PARCEL DESIGNATED AS 'VIRGINIA CARRAWAY HICKS' (AS SHOWN IN M.B. 140, PG. 1) VIRGINIA BEACH,VIRGINIA FOR JAMES E. OWENS &VIRGINIA L. OWENS", prepared by Rood &Smith, P.C. Land Surveyors,dated 07/01/06, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Physical Survey"). Proffer 2: The Property may be used for those uses (permitted or with an approved Conditional Use Permit) as allowed in the B-1A Zoning District under the Grantee's C.Z.O.,with the following exceptions,which are not permitted: (a) Animal pounds, shelters or commercial kennels; (b) Building Mounted Antennas; (c) Colleges and Universities, public or private; (d) Communications Towers; (e) Grocery Stores, Carry-Out Food Stores and Convenience Stores; (f) Liquor Stores; or (g) Mini-Warehouses. Proffer 3: All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. Proffer 4: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Staff Comments: The proffers listed above are acceptable. 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. Mogul Properties, LLC Agenda Item 7 Page 4 Existing Site Layout 'N, s'0 CERnrs THAT i co: 07/01/06 SURVEYED THE PROPERTY SHOWN ON 'HS PLAT AND THAT THE SILT UNES AND THE WALLS OF THE RJiLDN405 ARE SHOWN ON TRIS PUT. THE BNIDNGS STAND STRICTLY NNTHN nE TTLE u1ES AND THERE ARE NO ENCROACHMENTS OF OTHER BUILONGS ON THE PROPERTY EXCEPT AS SNONN 90NE0 \ {t f \ 1 i PORTION OF PROPERTY I + \ _ + 1 OF ALBERT L BONNEY, JR I + \� 1 P (M.B. 104, PG. 18) ! PN1(F) W+W\~ (D.6. 1600, PG. 780 GP;V: 1466-79-3843 j \ 1�9 \ LDl f41 1 C.ti I I IPNcF, 'I . � I ,�.--l �! � ; 11 I SPIKE(5) . I 1 1 _XTl'�' / Y_ , Tc x x :> 11:6 ` 0� f 1 1 IY I X50 PG.1) , $' 3�; JAMESi E. OWENS 1 p{ 1 '�-H (W e'T„�0��__ ( VIRGII�A Li OWENS F `A -r" O•.. (D.B. 354{¢i2, G. 460) . 1�{I .' GPIN: 1 7-t0-8098 fi=r a•`'o. 1 1 '' 2CRE APPROX. LINESOAS 4� t 1 8,arcH �-f S ALOND Ie 1 1 I 11 �5 RANCE iii' 1; 1 ' RATE MAPS PARCEL 3 (M.B. 122, PC. 23) —' ZONE X I Z(a.9)AE 1 1 i 1 GPIN :1466-79-6973 I 1 I: PN IF)--..,,,.. 1' I j ZONE x 11 (snood) Ie... 1'1 I FRA4 SHED 1; I \yl c0NCCURB 1�: 8920'00' E '11 ane 1, i 28.07' QL i I. C �1 '•z + DROP,NEEM _ IHEAbWALL R/W AS SHOWN N til 2-STY.EN, H AD-4, H 1 M.B.142.PG.49 FR. `� DCNCRETE f I I r_.-.l Z{#717`' 1 It P:5(rJ WCKb—a7 SURFACE 1 1 1 I(J+ + 87.45' to P.C. �. FISTS L._.- r.. .,,..� :.N(r) �� 11�I Ii O OFFICE SQUARE _ L'419.04' ^ y'' 111 �� b7.82' i LANE '.J _R.674, ' a 8" 4.e 'L�s2.9 OB 7OS1 Wa PSN IN CONE, (F) PIN(r) `—— ` \ 1 +` RAY AS SHOYRI IN S 06'40'52'W Y.B. 140,PO. 1 18.96' .7 Nom`—/ NA SOUTH W1TCHDUCK ROAD R/W AS SHOWN IN EDITH HOLLOWELL BARLOW (VAR WIDTH R/W) M.B. 140.PC.I (NOT INCLUDED I) PHYSICAL SURVEY GPIN: 1467-70-7,83 OF PARCEL DESIGNATED AS "VIRGINIA CARRAWAY HICKS" (AS SHOWN IN M.B. 140, PG. 1) VIRGINIA BEACH, VIRGINIA FOR *OM JAMES E. OWENS & VIRGINIA L. OWENS 'I IIs 9AAv 1A[KA.....Fpfl TH4 ea4.l1 O.1P.L lilt++.NL VAT NW Mow AMT/.V weaves a KS'A.[rQ,MA:MAY MTECI SAO M10CATY AS SOMA I)N00D0[*SAC, RO•01••M FOs NI KOUM[KNn Fa n000 KVAMCC a OR MI►pn 9VIM,OHIO, MS 9,045 00[1'.0T•04.4 1NAT Nr)10010•1.M a NLI N01 MOIIATNN.CONTACT 54 OM/CCM...ROM 011:S.1 n[.11,12.5*O.1 40R0.'00$IS NCv0 0 1121 'I LOT 24U.N.SNI V a 01150 K IOWFORO V eAr U woo,N.14 IU.1E,Ap FI OOD ZONE INFORMATION,: ACCORDING TO F.E.M.A.'S FLOOD INSURANCE RATE MAP (F.I.R.M.), THE PROPERTY SHOWN HEREON APPEARS TO FALL WITHIN 8000 ZONE(S) AE. X (Shaded) &X ex6ALT/1,....-•D cOMMUMTY-PANEL No. 515531 0027 E MAP REWSEO: 12/05/96 BASE FL FLOOD ELEVATION - 9.0 p� '�0 AN, ROOD & SMITH, P.C. GRAPHIC SCALE / 2. p 2 BD ARTIOR I.ROOD a No I�R....P LAND SURVEYORS ` >S4 0LI SCALE: 1`=40' DRAWN BY: W.W.L. (4ry�SURNE40 5737 BARTEE STREET TEL:757.466.1111 DATE: 07/01/06 F.a. T-75 PG.43-44 NORFOLK,VA 23502 FAX:757.466.9384 REF: M.B. 140, PG. 1 / M.B. 142, PG. 48 59,759 S-5990 PET. 7.305 S-176 /FR. Ill.PG. 31-32 Mogul Properties, LLC Agenda Item 7 Page 5 Site Photos _STs Ilii■ 2.nom II a'elliMin ;1 I r ,.illifijillta : ;. , 0 id -; I . rI - . r 414 441 '11111 r lu�ll!i I _ _• -- - - I .. c> ' -fie } {! 'emsU1IF bF Mogul Properties, LLC Agenda Item 7 Page 6 Disclosure Statement NB Virginia Beach APPLICANT'S NAME Mogul Properties, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exce•tion for (EDIP) Board of Zoning Encroachment Request Rezoning A• •eals — Certificate of Floodplain Variance Appropriateness - Street Closure (Historic Review Board Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • e The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • a SECTION 1 / APPLICANT DISCLOSURE ORc J t OSL ONLY/4 es, e 6e oF.larezi ro r ).a4,rr,r,C -1, Page I of 7 ❑ NT M1m I tARJN l� NC CHAP./CI-5 AS OF L 7/S /17I U.S Jonathan Sanders ❑ RE SONS NflNTTED / J Mogul Properties, LLC Agenda Item 7 Page 7 Disclosure Statement Virginia Beech ❑ 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:Mogul Properties, LLC If an LLC,list all member's names: Laura B. Wenslaff,President;William A.Wenslaff, Member If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 a SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only If property owner is different from Anrlfront. D Check here if the PROPERTY OWNER 15 NOT a corporation, partnership, firm, business,or other unincorporated organization. fl Check here If the PROPERTY OWNER IS a corporation,partnership,firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name: If an LLC, list the member's names — Page 2 of 7 Mogul Properties, LLC Agenda Item 7 Page 8 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (8) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 'Parent-subsidiary relationship' means relationship that exists when one corporation directly or Indirectly Owns shares possessing 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(d one business entity has a controlling ownership interest in the other business entity, till 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, ources 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§ 22.3101. a SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business 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 LY Page 3 of 7 Mogul Properties, LLC Agenda Item 7 Page 9 Disclosure Statement APPLICANT `tYtginiaBeach YES NO SERVICE PROVIDER(use additional sheersif needed) IRI n Accounting and/or preparer of Stewart B Co.,CPA v your tax return ❑ A Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than I I ® the Aoolkanu-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (Identify purchasers)and r-1 purchaser's servke providers) i IN Construction Contractors Engineers/Surveyors/Agents Rood 8 Snits.P.C.Land Surveyors Financing(include current Private Lender:James E.Owens 8 ® ❑ mortgage holders and lenders Virginia L.Owens selected or being considered to provide financing for acquisition or construction of the property) N 0 Legal Services Sykes,Bourdon,Ahern 8 Levy.P.O. Real Estate Brokers / Rebecca Bukeley.Exit Realty pi n Agents/Realtors for current and professionals anticipated future sales of the subject property 4 • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an Interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Mogul Properties,LLC Agenda Item 7 Page 10 Disclosure Statement B Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. i uhni Q. [✓r�L..d�g�- Laura B.Wensla6, President .s//i7 APPLICANT'S SIGNATURE - PRINT NAME DAT[ Mogul Properties,LLC Page 5 of 7 Mogul Properties,LLC Agenda Item 7 Page 11 Item#7 Mogul Properties Conditional Rezoning 317 S.Witchduck Road District 2 Kern psville July 12, 2017 CONSENT An application of Mogul Properties for a Conditional Rezoning (Conditional B-2 Community Business to Conditional B-1A Limited Community Business)on property located at 317 S. Witchduck Road, District 2, Kempsville. GPIN: 1467-70-6098-0000. PROFFERS PROFFER 1 The Property is developed with the "Carraway House"substantially shown on that "PHYSICAL SURVEY OF PARCEL DESIGNATED AS'VIRGINIA CARRAWAY HICKS' (AS SHOWN IN M.B. 140, PG. 1)VIRGINIA BEACH, VIRGINIA FOR JAMES E. OWENS&VIRGINIA L.OWENS", prepared by Rood &Smith, P.C. Land Surveyors,dated 07/01/06,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(hereinafter"Physical Survey"). PROFFER 2 The Property may be used for those uses(permitted or with an approved Conditional Use Permit)as allowed in the B-1A Zoning District under the Grantee's C.Z.O.,with the following exceptions,which are not permitted: (a)Animal pounds,shelters or commercial kennels; (b) Building Mounted Antennas; (c)Colleges and Universities, public or private; (d)Communications Towers; (e) Grocery Stores, Carry-Out Food Stores and Convenience Stores; (1) Liquor Stores; or (g) Mini-Warehouses. PROFFER 3 All outdoor lighting shall be shielded,deflected, shaded and focused to direct light down onto the premises and away from adjoining property. PROFFER 4 Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item 7. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE Item#7 Mogul Properties Page 2 HORSLEY AYE INMAN ABSENT 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 7 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. ,,,i-G A Bk;i 5 iribr x a CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE .Y fu. In Reply Refer To Our File No. DF-9824 DATE: August 4, 2017 TO: Mark D. Stiles ��) DEPT: City Attorney FROM: B. Kay WilsdaYNi'-' DEPT: City Attorney RE: Conditional Zoning Application; Mogul Properties, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 15, 2017. I have reviewed the subject proffer agreement, dated May 1, 2017 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom MOGUL PROPERTIES, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 1st day of May, 2017, by and between MOGUL PROPERTIES, LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a certain parcel of property located in the Kempsville District of the City of Virginia Beach, containing approximately 0.839 acres which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the"Property"; and WHEREAS, the party of the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from Conditional B-2 Community Business District to Conditional B-iA Limited Community Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and GPIN: 1467-70-6098-0000 PREPARED BY'. SvB SYKES. POIIRUON, Prepared by: AI- AIIEHN&11W.ii R. Edward Bourdon,Jr., Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. zsr Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: t. The Property is developed with the "Carraway House" substantially shown on that "PHYSICAL SURVEY OF PARCEL DESIGNATED AS 'VIRGINIA CARRAWAY HICKS' (AS SHOWN IN M.B. too, PG. t) VIRGINIA BEACH, VIRGINIA FOR JAMES E. OWENS & VIRGINIA L. OWENS", prepared by Rood & Smith, P.C. Land Surveyors, dated 07/01/06, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter"Physical Survey'). 2. The Property may be used for those uses (permitted or with an approved Conditional Use Permit) as allowed in the B-1A Zoning District under the Grantee's C.Z.O., with the following exceptions, which are not permitted: (a) Animal pounds, shelters or commercial kennels; (b) Building Mounted Antennas; (c) Colleges and Universities, public or private; (d) Communications Towers; (e) Grocery Stores, Carry-Out Food Stores and Convenience Stores; PREPARED BY (f) Liquor Stores; or B SPMES. ROIRDON. (g) Mini-Warehouses. Al L AIWA&LLyy..1!C. 2 3. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to B-tA District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (t) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, PREPARED BY'. 13 SYKIS, Bouuuoe. , including the authority (a) to order, in writing, that any noncompliance with such 1 L A11112S&I W.I!i.. conditions be remedied; and (b) to bring legal action or suit to insure compliance with 3 such conditions, including mandatoryor prohibitoryinjunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. PPEPAPED BY VB SYLTS. 130URnON, A L AIIEItN 81PV1'.Ikr. 4 WITNESS the following signature and seal: Grantor: Mogul Properties, LLC, a Virginia limited liability company By:e;76(4441, 1ll (SEAL) Laura B. Wenslaff, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 1st day of May, 2017, by Laura B. Wenslaff, President of Mogul Properties, LLC, a Virginia limited liability company, Grantor. AA sil Tfieggike Not ly Public My Commission Expires: August 31, 2018 Notary Registration Number: 192628 R.N r. 74 7 PREPARED BY 5!R SINK POURUON. A L AMIN R LFVY P.f. 5 EXHIBIT "A" All that certain lot, and parcel of land, with the buildings and improvements thereon, situated in the Borough of Kempsville, in the City of Virginia Beach, Virginia, containing 0.839 acre, and commonly known as 317 S. Witchduck Road, and bounded on the North and East by the lands formerly belonging to Dr. Baxter; on the South by the main road now known as S. Witchduck Road; and on the West by the lands of Mr. Thomas Edmonds, as shown on a physical survey made by Lee S. Rood, P.C., which said survey is dated march 12, 1980, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Map Book 140, at Page i; Save and Except that parcel previously dedicated to the City of Virginia Beach, Virginia, as follows: All that certain lot, tract or parcel of land, together with the improvements thereon belonging, lying, situate and being in the City of Virginia Beach, Virginia, designated and described as: "AREA OF PARCEL TO BE DEDICATED,AREA = 1792.39 SQUARE FEET (0.041 acres)" as shown on that certain plat entitled: "PLAT OF PROPERTY TO BE DEDICATED TO THE CITY OF VIRGINIA BEACH,VIRGINIA, FROM C. N. SWANNER, SR., ET UX, C. N. SWANNER, JR., ET UX, AND RAYMOND E. HIGHSMITH, ET UX — SCALE: 1" = 20' JULY 1, 1980, LEE S. ROOD, P.C., LAND SURVEYOR, NORFOLK, VIRGINIA", a copy of which is attached to and made a part of a certain deed of dedication dated August 25, 1980, by and between Clarence N. Swanner, Sr. and Dorothy A. Swanner, husband and wife, Clarence E. Swanner, Jr. and Chris W. Swanner, husband and wife, and Ray E. Highsmith and Linda D. Highsmith, husband and wife, and the City of Virginia Beach, a municipal corporation in the Commonwealth of Virginia. GPIN: 1467-70-6098-0000 H:\AM\Conditional Rezoning\Mogul Properties\Proffer Agreement.doc PREPARED 8Y I; SYKES.IIOURDON, \"I. AJIERN&LEVY.P.C. 6 . , \\/ , ur, H c...., _ ..t 03 / 0 > s 1 0 ‘..,. e /111 / / 0/ 4.) / / ' CXy-. 4) i. xi ,i;, ••&. oNr\> 0 , .1,_, C> / N ^ .,) N‘ . .. . ., -...,, ,A3 4 i 4 A ...- * 0 ---.....,„co ci-b i 4, ...I 114 14 1111111k 1 Ca • 0 \ ' Nte,,,k • - 2.% . 1,4 / / do . , ; / 23 0 \ tie 14Iah t ........4.....„......... - / 11•' .e._...--,-„ei I, i4 * .1 0/ 0 - if • [ ( CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BICKFORD OF VIRGINIA BEACH, LLC [Applicant] LARRY B. SLIPOW, PRINCESS ANNE INVESTMENTS, LLC & COURTHOUSE MARKETPLACE STATION [Property Owners] Conditional Change of Zoning (AG-2 Agricultural, 0-2 Office & Conditional B-2 to Conditional 0-2 Office) Conditional Use Permit (Housing for Seniors and Disabled Persons) 2625 & 2629 Princess Anne Road & a portion of 2476 Nimmo Parkway (GPINs 1494644297, 1494646109, portion of 1494633417). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: August 15, 2017 • Background: The applicant is proposing to develop the site with a 60-bed, 38,200 square-foot assisted living facility for seniors. Forty-four of the rooms will be general assisted living apartments while 16 of the rooms will be for memory care. The proposed single-story building is designed to reflect the Neo-Georgian architecture of the nearby Municipal Center. Exterior building materials include brick, precast stone and cement fiberboard lap siding. As Princess Anne Road in the vicinity of this project is considered an access controlled roadway, the site layout proposes the removal of the existing concrete aprons on Princess Anne Road, and as an alternative, this project will use the private drive along the southern property line for vehicular ingress and egress. • Considerations: In Staffs view, the development of the site with a senior housing facility offers a good transition between the commercial uses in the shopping center to the south to the single-family residential in the vicinity. As the site is located in the Princess Anne Courthouse Historic and Cultural Zoning Overlay District, the applicant has modified the design of the building to ensure compatibility with the historic district. The proposal was presented to the Historical Review Board (HRB), which is tasked with reviewing the exterior building materials, design, scale, and style of proposed buildings and signage within the historic districts. The HRB has granted a Certificate of Appropriateness, based on the modifications described in the Staff report. Additionally, this proposal was reviewed by the Senior Housing Advisory Committee (SHAC), where no objections were raised. The applicant also appeared before the Transition Area / Bickford of Virginia Beach, LLC Page 2 of 2 Interfacility Traffic Area Citizen Advisory Committee (TA/ITA CAC). No concerns were noted by the TA/ITA CAC. Further details pertaining to the request, as well as Staffs evaluation of the proposal, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, with one abstention, to recommend approval of this request. 1. When the property is resubdivided, a one-foot no ingress/egress easement along Princess Anne Road shall be recorded on the plat. 2. The proposed monument sign shall be as substantially depicted on the submitted freestanding sign exhibit. Said sign shall not be internally lit and be no taller than eight feet as measured from the ground to the top of the sign. 3. A Landscape Plan shall be submitted during site plan review process reflective of the plant material depicted on submitted Landscape Plan. Said plan shall be approved prior to final site plan approval. 4. The generator depicted on the Concept Plan referenced in Proffer 1, shall be screened by plant material from the private drive along the property's southern boundary line. 5. Prior to occupancy, the applicant shall obtain a Certificate of Occupancy. 6. Prior to the issuance of a Certificate of Occupancy, the existing driveway aprons along Princess Anne Road shall be removed and all right-of-way work shall be completed as required by the Department of Traffic Engineering. 7. The applicant shall obtain and maintain all applicable licenses required by the Virginia Department of Social Services for operation of the proposed facility. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De ency: Planning Department ( 11.01(-1 ,t,k, a )� City Manager: 1 ` C f Applicant Bickford of Virginia Beach, LLC Agenda Item Property Owners Larry B. Slipow, Princess Anne Investments, \Aj CityofLLC & Courthouse Marketplace Station D3 Public Hearing July 12, 2017 (Previously Deferred onJune 12, 2017) Virginia Beach City Council Election District Princess Anne Requests ? J Conditional Rezoning (AG-2 Agricultural&0-2 ,, ' f n 8 Office to Conditional 0-2 Office) 90� " / `e5 Conditional Use Permit (Housing for Seniors and 6540 dB DNL o P S's g` ` � Disabled Persons) ` c Staff Recommendation 4'0 Approval e 4 Staff Planner Jimmy McNamara ,a �,� ° 4o Location 1 `a 2629&2625 Princess Anne Road&a portion of 2476 i Nimmo Parkway e'/ GPINs ./ 1494644297,1494646109,&a portion of 1494633417 Site Size 3.72 acres AICUZ Less than 65 dB DNL `-''. ' Watershed / - °N►, . . Southern Rivers \ s. Existing Land Use and Zoning District } ., 3 Wooded site/AG-2 Agricultural,0-2 Office& • �''�"', Conditional B-2 Community Business(Historic& ' 'k. Cultural Overlay District) Surrounding Land Uses and Zoning Districts • , . \` > North N ;, ' Princess Anne Road -y, ' 4 Fiber-optic transmission facility/Conditional B-2 *\\ `; .� Community Business 1t.— ; Cir` South r fLll : / L ,<�� .: 4 George Wythe Drive ; •; ��' _��C•'.. Shopping center/Conditional B-2 Community Business (Historic&Cultural Overlay District) East Vacant/Conditional B-2 Community Business (Historic&Cultural Overlay District) West Religious use/AG-2 Agricultural Bickford of Virginia Beach, LLC Agenda Item D3 Page 1 Background and Summary of Proposal • The subject site consists of two parcels and a small portion of a third parcel. A majority of the site is currently wooded and vacant. • The applicant is proposing to develop the site with a 60-bed, 38,200 square-foot assisted living facility for seniors that will include an activity room, bistro, beauty salon, dining room, laundry facilities, interior courtyards, barbecue areas and a whirlpool spa room. Forty-four of the rooms will be general assisted living apartments while 16 of the rooms will be for memory care. • As the parcels are zoned a mix of 0-2 Office District, AG-2 Agricultural District, and Conditional B-2,a rezoning to Conditional 0-2 Office District and a Conditional Use Permit for Housing for Seniors are requested. • The site layout depicts vehicular access to the site via a private access that currently provides ingress/egress to the nearby shopping center. The existing two driveways along Princess Anne Road are proposed to be removed. A parking lot with 44 spaces is proposed on the northern portion of the site. A porte cochere is depicted in front of the building facing Princess Anne Road within the parking lot. Additionally, a maintenance access point is proposed along the eastern side of the building. Two interior courtyards are depicted within the boundaries of the building. Five-foot wide sidewalks are proposed to provide connectivity within the site as well as to the existing shared-use path that runs adjacent to Princess Anne Road. A freestanding monument style sign is to be located on the southeastern corner of the site adjacent to the private drive. • The proposed single-story building is designed to reflect the Neo-Georgian architecture of the nearby Municipal Center. Exterior building materials include brick, precast stone and cement fiberboard lap siding. Architectural elements include dormers, cornice moldings, standing-seam medium bronze canopies above windows, non- tapered columns, and a copper-coated cupola above the porte cochere. • The freestanding sign is depicted as having a brick base and white columns to match the proposed building. • The facility is proposed to be open 24 hours a day. It is anticipated that no more than 25 employees will be working at the site at any given time. The 44 spaces depicted on the site layout satisfies the off-street parking requirement for Housing for Seniors, as is specified in Section 235 of the Zoning Ordinance. • As Princess Anne Road in the vicinity of this project is considered an access controlled roadway, the site layout proposes the removal of the existing concrete aprons on Princess Anne Road, and as an alternative, this project will use the private drive along the southern property line. A one-foot no ingress/egress easement will be recorded along the Princess Anne Road right-of-way. Bickford of Virginia Beach, LLC Agenda Item D3 Page 2 Zoning History \R 10/ # Request R-10 JB.2*• \G-1 1 MODApproved09/06/2016 AG- A .G- .G - MOD Approved 05/24/2011 R-10 MOD Approved 02/12/2008 CUP(Religious Use)Approved 12/03/1996 B-1 MOD Approved 10/27/1994 AG-2 ' CUP(Religious Use,Day-Care Center&School) ►� Approved 10/26/1993 AG-2 2 MOD Approved 05/10/2011 Y/2 CUP(Fuel Sales)Approved 05/10/2011 318, ,\ AG� i MOD Approved 03/27/2007 e CRZ(AG-1,AG-2,&B-1 to Conditional B-2)Approved . A/j:,� J 06/08/2004 aeP��'r AG-1 �� B-1 �.�i REZ(AG-1 to B-1)Approved 02/02/1978 B-2* N ¢jjj 3 CRZ(AG-1 to Conditional A-18)Approved 07/08/2014 /8-1�2 CUP(Religious Use)Approved 06/10/1997 / 4 CRZ(AG-2 to Conditional B-2)Approved 09/22/1998 CUP(Fiber-Optic Transmission Facility)Approved 09/22/1998 'mow- Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—FloodplainVariance 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 being located in Princess Anne Commons. Specifically, this site is within the Historic Princess Anne Center sub-area of Princess Anne Commons. The plan envisions an area that offers unique education, entertainment, recreation, habitat preservation and quality economic development opportunities. Within the sub-area, the plan envisions a highly attractive destination with a balanced blend of residential, commercial and open spaces to complement the form and function of the Municipal Center, Court Complex and Historic District. Recommendations for this area include mixed-use town center style development in the Municipal Center and Historic and Cultural District and appropriate quality and character of building types. 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. The site is also currently wooded and the timber could potentially be used as a resource. The site is also located within the Princess Anne Courthouse Historic and Cultural Zoning Overlay District. All projects proposed within the Princess Anne Courthouse Historic and Cultural District must respect the heritage and reinforce the integrity of the district's historic character. The scale, placement, massing and proportion of buildings, additions and architectural details should be designed in a way that is consistent with the historic character of this district. New development should employ high quality site and building designs that complement the classic Neo-Georgian architecture of the Municipal Center. Bickford of Virginia Beach, LLC Agenda Item D3 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 30,878 ADT 32,500 ADT (LOS 4 "C") Existing Land Use 2-230 ADT 34,900 ADT 1 (LOS 4 "E") Proposed Land Use 3-165 ADT lAverage Daily Trips zas defined by 1.8 acres of Sas defined by a 60-bed assisted living 4 LOS=Level of Service AG-2 zoned property&1.7 facility acres of 0-2 zoned property Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road in the vicinity of this application is considered a four-lane divided major suburban, access controlled, arterial roadway. Public Utility Impacts Water The site must connect to City water. There is an existing 20-inch City water main located along Princess Anne Road and an existing 12-inch City water main within a public utility easement on the adjacent property to the south. Sewer The site must connect to City sewer. There is an existing eight-inch City gravity sanitary sewer main along Princess Anne Road and a six-inch City sanitary sewer force main within a public utility easement on the adjacent property to the east and to the south. Additionally, there is an existing eight-inch private gravity sanitary sewer main located on adjacent property to the east and to the south. Evaluation and Recommendation This proposal to rezone this site to Conditional 0-2 and the request for a Conditional Use Permit for Housing for Seniors and Disabled Persons is, in Staff's opinion, consistent with the Comprehensive Plan's vision for the Historic Princess Anne Center. The sub-area of the Princess Anne Commons calls for highly attractive residential uses that complement the Municipal Center. This use serves as a transition from the commercial activities of the Courthouse Marketplace shopping center to the less intense single-family residential and churches along Princess Anne Road. This site lies within the lowest, less than 65 dB DNL noise zone, which permits housing for seniors and disabled persons. The applicant has worked with Staff to provide a building design that will complement the historic district, while offering a good transition between the commercial uses in the shopping center to the single-family residential in the vicinity. As the site is located in the Princess Anne Courthouse Historic and Cultural Zoning Overlay District, the proposal has been reviewed by the Historical Review Board (HRB) which is tasked with reviewing the exterior materials, scale, and style of the proposed building and signage for appropriateness with the historic district. The HRB has granted a Certificate of Appropriateness, based on the modifications described in the Staff report. Additionally, this proposal was reviewed by the Senior Housing Advisory Committee (SHAC). The SHAC is comprised of both City and state Staff members that provide input on all senior housing proposals. The applicant also appeared before the Transition Area /Interfacility Traffic Area Citizen Advisory Committee (TA/ITA CAC). No concerns were raised by the CAC. The applicant has revised their proposal to meet the objectives of three advisory bodies, the HRB, the SHAC and the TA/ITA CAC, as well as the guidelines of the Comprehensive Plan. In Staff's opinion, this proposal will provide a much needed service in Virginia Beach and will be a welcome neighbor to the Municipal Center. The submitted site layout and elevations depict an attractive building that will complement the surrounding Princess Anne Courthouse Historic and Bickford of Virginia Beach, LLC Agenda Item D3 Page 4 Cultural District. Based on the considerations above, Staff recommends approval of the application with the submitted proffers and recommended conditions listed below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "Conceptual Exhibit Bickford of Virginia Beach",dated February 24, 2017, and prepared by Bowman Consulting (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2: The architectural style and quality of materials used for the facility to be constructed on the Property, when constructed, will be in substantial conformity with the exhibit "Bickford of Virginia Beach", and prepared by Kazamier &Associates, LLC(the "Exterior Elevations") a copy of which has been exhibited to the Virginia Beach City Council and is on file with Virginia Beach Department of Planning. Proffer 3: When developed, the facility shall include a maximum of sixty (60) residential apartments. Proffer 4: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: The submitted proffers ensures the site will be developed as depicted on the submitted Concept Plan and Exterior Elevations. Bickford of Virginia Beach, LLC Agenda Item D3 Page 5 Recommended Conditions 1. When the property is resubdivided, a one-foot no ingress/egress easement along Princess Anne Road shall be recorded on the plat. 2. The proposed monument sign shall be as substantially depicted on the submitted freestanding sign exhibit. Said sign shall not be internally lit and be no taller than eight feet as measured from the ground to the top of the sign. 3. A Landscape Plan shall be submitted during site plan review process reflective of the plant material depicted on submitted Landscape Plan. Said plan shall be approved prior to final site plan approval. 4. The generator depicted on the Concept Plan referenced in Proffer 1, shall be screened by plant material from the private drive along the property's southern boundary line. 5. Prior to occupancy, the applicant shall obtain a Certificate of Occupancy. 6. Prior to the issuance of a Certificate of Occupancy, the existing driveway aprons along Princess Anne Road shall be removed and all right-of-way work shall be completed as required by the Department of Traffic Engineering. 7. The applicant shall obtain and maintain all applicable licenses required by the Virginia Department of Social Services for operation of the proposed facility. 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. Bickford of Virginia Beach, LLC Agenda Item D3 Page 6 Proposed Site Layout w„;,,vr,....__.. .,i, . Ell • • 4 0,„ ill 6: :. .:.....,.i_ .____I 1. teil ri f ::.,..*...', .it ri..._._.._._ ..__,.. i.1%‘.,._.,,_:..,.,_..z. __________04\._ _......zi, 1 1 milw..3, ' :. _._ Bickford of Virginia Beach, LLC Agenda Item D3 Page 7 Proposed Elevations # • , • 0 • # # ' II I e.. •• # ILE A ... g I. 1 i lliE• 1 11M ' I 111111 . .. . , , .., L_ is. „,... . ,,„ ,.... IM I , / IN \/ IL. ra . \\\\ IP „ ,'•' • , a f., 1 : ir. 99 . ill ! am_ iu , la . = I ' •..,' I / r.:... I:: 1111 •,.ci III • 1 :,; i,• , .11 1 111 111 43E' _ , 1 • El //. ra . on1Y B . . , aAi I •/. . ,. U NM <4!) • ii ; U 0 I.- ., . 4E in • = I • • • o . , .1. , , al i i, 4 4• 4 .4.. g F < a. 4. •:.$ II i IN CI zzi I. , , • ,, , .- I;i It ;;.. , • 1 mor MN I i' '' `i 4 '• is Bickford of Virginia Beach, LLC Agenda Item D3 Page 8 Proposed Monument Sign Elevation i 1 g U5, z i0g t 5OZqq m S $ y8¢ W g fg gig Ili ! li '1 ;g Ni g ' I Illialnit . - P- , 4�I he 'ILii----- •13 V MI —i AlA•a 1 R1 cam 5 th II - � II il J L -- - Ig _ 4s, \ (,), .:._,.., w _ (� J 0 W� v y w ill I J Bickford of Virginia Beach, LLC Agenda Item D3 Page 9 Proposed Landscape Plan ,,11"0 _ __ _ `.lk # -1-`m_ ,I Iii •• Ili I I 111 \ ;911':::-,,,i;1, 1,! 11111111 � :.:� >: :: �� iti., • 4.'-' ,... ..-, .,.....,,,, , A„ .1,t,4-; 0,1 i ' .: � Y ®o� 5, a r k;P- 1 roi, 11 17. I. . I i Eil i 1 • i1 ....4.,,I _f ' i I fi : , i .._P-- AorY, i L..!__ 1 II ,.i li . ---- -- 4:' /.4,1-„Aff - - ... .1 44.i.• 4...„,,,...i..!31 .• ...;:e.,„6-rtr. , •Aw6\. . ..,. . 7•� , • ill , 40 z, ,11 - .. g / : f.` : ! _ -- Bickford of Virginia Beach, LLC Agenda Item D3 Page 10 Site Photos rOr sr, is4 it.; • • t •• • '44[1,47" • :11 111111:- . - 11111111114111 • • Bickford of Virginia Beach, LLC Agenda Item D3 Page 11 Disclosure Statement Ifr:o. • APPLICANT'S NAME 13Ic.K{o,d of t/t ' 1pjq Be.o1,ltL 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) I Board of Zoning I Encroachment Request I Rezoning Appeals - -- I 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 iorz lr Ircr on , -- Page lof7 ❑ APPLit AN I NU ilio of wrxmo wy No „ANNE AA„ , .7//Jf7 ? Jimmy McNamara ❑ REVISIONS SUBMITTED Bickford of Virginia Beach, LLC Agenda Item D3 Page 12 Disclosure Statement Virginia Beach C Check here if the APPLICANT.IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here if the APPLICANTJS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Bickford of Virginia Beach, LLC If an LLC, list all member's names. Sycamore Street. LLC(Member) Mike Eby(Manager) If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below- (Attach list it necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Please see the attached sheet See nevi page for information pertaining to footnotes and 2 •.____._. .._.._,—__...____._..__.__._. ._.._...._._.._.. .__,..—._._t. SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER I£.NOT a corporation, partnership, firm, business. or other unincorporated organization. ❑X 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.Princess Anne Road Investments If an LLC, list the member's names. Larry B.Slipow Page 2 of 7 Bickford of Virginia Beach, LLC Agenda Item D3 Page 13 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) -Par n subsidiary relationship' relationship that exists when onecorporation directly o indirectly owns shares possessing more than 50 percent of the voting power of nother cotporation�' See State and Local Government Conflict of Interests Act.Va Code§22.3101. v Aff iijated business entity relationship relationship, other than parent subsidiary relationship, that exists when Ib one business entity has a controlling ownership Interest in the other business entity,(10 a controlling owner er one entity is also a controlling o in the other entity,o 0111 there is shared management orcontrol between the business entitiesne;ac mo that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own manage the two entities. there are common or commingled funds or assets:the business entities share the use of the same offices or employees or otherwise share activities, or personnel onregular basin. or there is otherwise a close working relationship betweenthe tentities" See Stateand Local Government Conflict of Interests Act. Va.Code§ 2.2-3101. _--._y SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided In connection with the subject of the application or any business ooerating 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 Bickford of Virginia Beach, LLC Agenda Item D3 Page 14 Disclosure Statement Virginia Beach Check here if the APPLICANT IS_NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑X Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Bickford of Virginia Beach. LLC If an LLC, list all member's names: Sycamore Street, LLC (Member) Mike Eby(Manager) If a CORPORATION, list the the names of all officers,directors, members, trustees, etc. below: (Attach list if necessary) (8) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Please see the attached sheet See next page for information pertaining to footnotes' and 2 • _ SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 onlydfropertv owner is different from Applicant. ISI Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business,or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business,or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name Larry B.Slipow If an LLC, list the member's names: Page 2 of Bickford of Virginia Beach, LLC Agenda Item 03 Page 15 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below. (Attach list if necessary) (8) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner (Attach list if necessary) 1 -Parents ubs idiary relationship' means relationship that exists when one orporation directly o 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§2.23101. 2 -Affiliated business entity relationship' relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,Oil a controlling owner ine entity is also a controlling ownerin the other entity,or (iii) there is shared management orcontrol between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own manage the two entities,there are common or commingled funds or assets,the business entities share the use of the same offices or employees or otherwise share activities. or personnel onregular basis. or there is otherwise a close working relationship betweenthe centities:' 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 subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service. IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPE RATELV Page 3 of Bickford of Virginia Beach, LLC Agenda Item D3 Page 16 Disclosure Statement Virginia Reach Check here if the APPLICANT I. NOT a corporation, partnership, firm, business, or other unincorporated organization. 7 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name.Bickford of Virginia Beach, LLC If an LLC, list all member's names: Sycamore Street, LLC(Member) Mike Eby(Manager) If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (8) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Please see the attached sheet 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 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 Courthouse Marketplace Station, LLC If an LLC, list the member's names: See attached Page 2 of Bickford of Virginia Beach, LLC Agenda Item D3 Page 17 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers,directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) I -Parent-subsidiary relationship- m relationship that exists when onecorporation directly o indirectly owns shares possessing more than 50 percent of the voting power of nother corporation." See State and Local Government Conflict of Interests Act.Va. Code§2.2 3101. 2 "Affiliated business entity relationship" relationship, other than parent-subsidiary relationship.that exists when(i)one business entity has a controlling ownership interest in the other business entity.Gil a controlltng owner in one entity is also a controlling owner in the other entity,or liii) 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 manage the two entities.there are common or commingled funds or assets.the business entitiesshare the use of the same offices Of employees or otherwise share activities, resourcesor personnel on a regular basis or there is otherwise a close working relationship betweethe entitles."See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be 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 Bickford of Virginia Beach, LLC Agenda Item D3 Page 18 Disclosure Statement APPLICANT 3nia Beach l- PROVIDER ms. dmonai menu YES NO _... SERVICE madm LZ Accounting and/or preparer of LJ your tax return ❑X — Architect/Landscape Architect/ :Limey Design Group,Kazmaier& Land Planner Associates',Virginia Wetland Consult. ❑ Contract Purchaser(if other than • X the Applicant)-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) Int Construction Contractors CBC Real Estate,KBS Contractor X IJ Engineers/Surveyors/Agents Bowman Consulting.GET Solutions Financing(include current 1Nalion Health Investors ▪ ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) O ❑ Legal ServicesITroulman Sanders LLP Real Estate Brokers/ li Divans Real Estate Group Ivl Agents/Realtors for current and , anticipated future sales of the subject property I SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ © 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 Bickford of Virginia Beach, LLC Agenda Item D3 Page 19 Disclosure Statement Yi/ 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. _.. Am!CANIS 9GNATURT PRINT NAME DATE Page 5 NI Bickford of Virginia Beach, LLC Agenda Item D3 Page 20 Disclosure Statement Princess Anne Road Investments OWNER Virginia Beach YES NO SERVICE 1 I I PROVIDER eamleaamo sheets it I I X Accounting and/or preparer of your tax return n X Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than 111 the Aoolicant)-identify purchaser I and purchaser's service providers Any other pending or proposed ❑ Z purchaser of the subject property (identify purchaser(s)and purchaser's service providers) D Z Construction Contractors — nEngineers/Surveyors/Agents Financing(include current 111 mortgage mortgage holders and lenders LJ selected or being considered to provide financing for acquisition I or construction of the property) u Legal Services ,Real Estate Brokers/ E © 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 ❑ 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? Page 6 of 7 Bickford of Virginia Beach, LLC Agenda Item D3 Page 21 Disclosure Statement Princess Anne Road Investments 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. t- n yy 5.mow�, Paan tw _ PROPEROwNt ATUR PRINT NAME DATE Page 7 of Bickford of Virginia Beach, LLC Agenda Item D3 Page 22 Disclosure Statement Larry B.Slipow 1/13 OWNER Virginia Beach YES NO [ - SERVICE —__-. [ I PROVIDER lneee emuoeal sheets if Accounting and/or preparer of I I ▪ Z your tax return n n Architect/Landscape Architect/ Land Planner Co Pur n n x the Applicant) cant) de(if other tha /` the purchase - seIdentifyie purchaserro and purchaser's service providers Any other pending or proposed ❑ X purchaser of the subject property (identify purchaser(s)and purchaser's service providers) xx n rs Construction Contractors — II Cx Engineers/Surveyors/Agents Financing(Include current n ❑x mortgage holders and lenders selected or being considered to • provide financing for acquisition or construction of the property) 111 IX Legal Services Real Estate Brokers / ▪ IX Agents/Realtors for current and I/� 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 n N an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Bickford of Virginia Beach, LLC Agenda Item D3 Page 23 Disclosure Statement Larry B.Slipow SIV 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. 1Ya27,>.— :ma .e. Yy,., r .— Lyany.9bp .F9Ar., L-4 PROPERTY OWNER 5 SIGNATURE PRINT NAME ' DATE Page 7 of 7 Bickford of Virginia Beach, LLC Agenda Item D3 Page 24 Disclosure Statement Courthouse Marketplace Station, LLC OWNER Virginia Beach [YES I I NO I SERVICE PROVIDER luseamhieny sneers if _ nreeem ❑ - Accounting and/or preparer of 1 your us return i ❑ xi Architect/Landscape Architect/ - - - Land Planner Contract Purchaser(if other than -- -- - lJ Sht Applicant)-identify purchaser and purchasers service providers Any other pending or proposed ® purchaser of the subject property LJ (Identify purchaser(s)and purchasers service providers) ❑ ® 'Construction Contractors ❑ ® Engineers/Surveyors/Agents ._ ( -. Financing(Include current ❑ ® holders holdersers and lenders selected or being considered to provide financingfor acquisition or constructionanonof the property) Z ❑ Legal Services Dan Reit.Graydon,Heed B RAUey Real Estate Brokers/ ❑ ® Agents/Realtors for current and anticipated future sales of the subject Prope ny___ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 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 6 of 7 Bickford of Virginia Beach, LLC Agenda Item D3 Page 25 Disclosure Statement Courthouse Marketplace Station, LLCVB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form R 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, meeting of any public body or committee in connection with this APPlica n 11o0at£.t1Y96-_ 2 IR0.IY UN'NLCSLG N0.f PRINT VPNF Vice President 6-15-2017-DATE rty Page 7 of 7 Bickford of Virginia Beach, LLC Agenda Item D3 Page 26 Disclosure Statement Bickford of Virginia Beach Ownership 1. Andrew Eby,Michael Eby,Joseph Eby own Eby Group,Inc 2. Eby Group,Inco ns EDP,Inc 3. EDP.Inc.Andrew thy,Michael Eby,Joseph thy and Alan Fairbanks own Sycamore Street LLC. 4. Sycamore Street LLC owns Bickford of Virginia Beach LLC 5. Bickford of Virginia Beach LLC(owner of land and building), 6. NHI(National Health Investors) '(Lender) 7. Bickford Senior Living LLC (operator) B. Michael Eby(manager) Bickford of Virginia Beach, LLC Agenda Item D3 Page 27 Disclosure Statement Resolutions of Courthouse Marketplace Station LLC January 13.21116 1 he undersigned.being the sole member of Courhouse Marketplace Station LLC C:(ompan"1.hereh) approves and adopts the Illlow ing actions: Br IT RESOLVED.that all of the actions of the officers since the date of the last annual meeting be hereby ratified and confirmed. RESOLVED FURTHER.that the lhllowing persons be.and hereby are.elected to the respective offices of the Company set opposite their names: Jenne S.Edison Chief Executive Officer R.Mark Addy President Robert F.Myers Vice President and Assistant Secretary Devin I Murph> Vice President and Treasurer John Caulfield Vice President and Assistant Treasurer Tanya E.Brady Vice President and Secretary Joe Schlosser Vice President Jennifer Robison Vice President The haegoing constitutes a complete record of all actions taken as of the date hereinabove set f nh. PHILLIPS EDISON GROCERY('ENTER OPERA I INC,PARTNERSHIP I,L.P. A Delaware limited pannership By Phillips Edison Shopping Center OP GP I Its General Panner By: R.Mark Addy.Co-President Bickford of Virginia Beach, LLC Agenda Item D3 Page 28 oktunio o . ,,, s CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE g In Reply Refer To Our File No. DF-9881 DATE: August 4, 2017 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilso DEPT: City Attorney RE: Conditional Zoning Application; Bickford of Virginia Beach, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 15, 2017. I have reviewed the subject proffer agreement, dated February 27, 2017 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 AGREEMENT THIS AGREEMENT (this "Agreement"), made this 21 day of -Fe brua,n( 2017, by and between BICKFORD OF VIRGINIA BEACH, LC a Kansas limited liability company ("Bickford", to be indexed as grantor); PRINCESS ANNE ROAD INVESTMENTS, LLC, a Virginia limited liability company ("Princess Anne", to be indexed as grantor); LARRY B. SLIPOW, an Individual ("Slipow", to be indexed as grantor); COURTHOUSE MARKETPLACE STATION LLC, a Delaware limited liability company ("Courthouse Marketplace", to be indexed as grantor) (Bickford, Princess Anne, Slipow, and Courthouse Marketplace hereinafter referred to collectively as the "Grantors") and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, Princess Anne is the current owner of that certain parcel located in the City of Virginia Beach, Virginia, identified by GPIN No. 1494-64-4297-0000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Princess Anne Parcel"); and WHEREAS, Slipow is the current owner of that certain parcel located in the City of Virginia Beach, Virginia, identified by GPIN No. 1494-64-6109-0000, as more particularly described in Exhibit B attached hereto and incorporated herein by reference (the "Slipow Parcel"); and WHEREAS, Courthouse Marketplace is the current owner of that certain parcel located in the City of Virginia Beach, Virginia, identified as a portion of GPIN No. 1494-63-3417-0000, and more particularly described in Exhibit C attached hereto and incorporated herein by reference(the"Courthouse Marketplace Parcel") (for purposes of clarification and the avoidance of doubt, the Courthouse Marketplace Parcel includes only the land described in Exhibit C, and the balance of GPIN No. 1494-63-3417-0000 is not part of the Courthouse Marketplace Parcel or the Property, and is not subject to this Agreement); and WHEREAS, the Princess Anne Parcel, the Slipow Parcel, and the Courthouse Marketplace Parcel are collectively referred to herein as the"Property"; and WHEREAS, Bickford is the contract purchaser of the Property; and WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from AG-2, 0-2, and B-2 to Conditional 0-2; and GPIN No. 1494-64-4297-0000; 1494-64-6109-0000; 1494-63-3417-0000 70455150v1 WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional 0-2 are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing 0-2 zoning district by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in fill force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 30455150v1 2 1. When developed, the Property shall be developed in substantial conformity with the conceptual site plan entitled "Conceptual Exhibit Bickford of Virginia Beach", dated February 24, 2017, and prepared by Bowman Consulting (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The architectural style and quality of materials used for the assisted living facility to be constructed on the Property, when constructed, will be in substantial conformity with the exhibit entitled"Bickford of Virginia Beach", and prepared by Kazmaier&Associates, LLC(the "Exterior Elevations") a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. When developed, the assisted living facility located on the Property shall contain a maximum of sixty (60)residential units. 4. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. [Remainder of Page Intentionally Left Blank Separate Signature Page to Follow.] 304551501d 3 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: BICKFORD OF VIRGINIA BEACH, LLC, a Kansas limited liability company: By: f��� Title /7//a ' STATE/COMMONWEALTH OF I<o A Sq_s CITY/COUNTY OF .hso ,to-wit: The foregoing instrument was sworn to and acknowledged before me this a 7 day of �c br ar , 2017, by Tic e E b``yy , on behalf of Bickford of Virginia Beach, LEC. He/she is either per rally known to me or has produced as identification. Witness my hand and official stamp or seal this .2Z day of Fbr. 2017.4 .otary PubWcN (SEAL) My Commission Expires: DEBBY GAGNON Notary Public,pate of Kansas Registration Number: My Appolnlmenl ENNies 3045519h 1 4 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: PRINCESS ANNE ROAD INVESTMENTS, LLC, a Virggii� , niiallii�mited liability company By: ,_ /-/it Title STATE/COMMONWEALTH OF y„y,,,,A CITY/COUNTY OF Vie w,o-34,0,•6 ,to-wit: The foregoing instrument was sworn to and acknowledged before me this .y4day of caxeni,e?, , 2017, by 4/elegy 3. y/,y,m , on behalf of Princess Anne Road Investments, LLC. He/she is either personally known to me or has produced as identification. Witness my hand and official stamp or seal this 27t'4 day of Say, 2017. ,0011In„i, _M:S,y/ Notary Public_r� :a COMNM'SS(SUMBE'.y4LJoIRON - re, My Commission Expires: �j —Jg —/8 % 181386 �Z Registration Number: /9/3 4(. 3O455!50‘I 5 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: Larry B. Slipow 16 e-e7Q-e2-4-1 STATE/COMMONWEALTH OF 16.4',,ildq CITY/COUNTY OF ✓i/..pdin�iAGLr ,to-wit: The foregoing instrument was sworn to and acknowledged before me this $9day of fr2b,0,40.7. , 2017, by Larry B. Slipow. He is either personally known to me or has produced as identification. Witness my hand and official stamp or seal this19a7 day of Ft6upey,`201,]n i n,,,, \‘‘‘.-6,14,Si M: SA., O e ;..1. :S - My O . Notary Public= ' ceftlit 9dckn 1 4'. m©ER66 ::Q -. 2:. 1913 �$` My Commission Expires: -1fdr/iP ',/,; ✓ J o rALThlF Registration Number: /5/S&A ,��, �� ��� �� 30455150v1 6 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: COURTHOUSE MARKETPLACE STATION LLC, a Delaware li .: ed liability company By: p l' a t' 1r. ,Vice P 'sid- 'obert F.Myers STATE OF OHIO ) COUNTY OF HAMILTON ) Robert F.Myers The foregoing instru nt was sworn to and acknowledged before me this 151" day of June, 2017, by , Vice President of Courthouse Marketplace Station LLC, a Delaware limited liability company, on behalf of the limited liability company, who is personally known to me. Witness my hand and official stamp or seal this 15th day of June, 2017. / 1 Pay PU Notary Public 2./ \\\10 . . *; ':* BARBARA HOOD '441 .ei Notary Public.Stale of No : MY Canxaisapri kgust 2,2018 c0FO 30455150x1 7 Exhibit A Princess Anne Parcel ALL THAT certain lot, piece or parcel of land, situate, lying and being in the Seaboard Magisterial District, City of Virginia Beach (formerly Princess Anne County), Virginia, on the southwesterly side of the road leading from Princess Anne Courthouse to Kempsville and more particularly described as follows: BEGINNING at a point on the southwesterly side of said road at the dividing line between the property of king and the property herein conveyed; thence in a westerly direction along the southwesterly side of said road one hundred fifty (150) feet more or less to the property of Godwin; thence in a southerly direction along Godwin's line six hundred (600) feet more or less to the property of Kea; thence in an easterly direction along Kea's line one hundred fifty (150) feet more or less to the property of King; thence in a northerly direction long King's line six hundred (600) feet more or less to the southerly side of the road, the point of beginning, containing two (2) acres, more or less. 30455150v1 8 Exhibit B Slipow Parcel ALL of that certain tract, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia, near Princess Anne Courthouse, fronting on the highway leading from Princess Anne Courthouse to Kempsville, shown and designated on a plat made by A Bamforth, Surveyor, January. 25, 1950, for W. M. Poff, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 27 at page 50, and according to said plat as follows: BEGINNING at an iron pipe in the southern line of the right-of-way of the State Highway leading from Princess Anne Courthouse to- Kempsville in the center of a ditch separating the property herewith conveyed from the property of J. W. Hicks, and from said point, running along the center line of said ditch. South 30° 22' West, 596.28' to an iron pipe in the center line of another ditch separating the property herewith conveyed from the property of J. W. Hicks; thence along the, center line of the last mentioned ditch, North 39° 16' West, 130.8' to an iron pipe in the center line of another ditch; thence along tits center line of the last mentioned ditch, North 30° 17' East, 581.75' to an iron pipe in the Southern line of the right-of-way of the aforementioned highway; thence along the edge of the right-of-way of the aforementioned highway. South 45° 35' East, 127' to the Point of Beginning; said tract of land containing 1.63 acres, more or less, but is conveyed in gross and not by the acre. 30455150vI 9 Exhibit C Courthouse Marketplace Parcel COMMENCING AT AN IRON ROD LYING AT THE SOUTHWESTERN CORNER OF A PARCEL NOW OR FORMERLY IN THE NAME OF LARRY B. SLIPOW, GPIN 1494-64- 6109 AS RECORDED IN DEED BOOK 2570 AT PAGE 227 AMONG THE LAND RECORDS OF THE CITY OF VIRGINIA BEACH, AND LYING ON THE NORTHWESTERN SIDE OF A PRIVATE ACCESS ROAD, BEING 490.52 FEET SOUTHWEST OF PRINCESS ANN ROAD, STATE ROUTE 165, SOUTHERN RIGHT OF WAY TO THE POINT OF BEGININNING; THENCE LEAVING SAID PRIVATE ACCESS ROAD IN A NORTHWESTERLY DIRECTION RUNNING ALONG THE SOUTHERN LINE OF SAID PARCEL NOW OR FORMERLY IN THE NAME OF LARRY B. SLIPOW, GPIN 1494-64-6109, N 45°41'02" W 130.53 FEET TO AN IRON PIPE WITH 2 IRON RODS INSIDE; THENCE N 44°45'24" W 41.11 FEET TO AN IRON ROD; THENCE DEPARTING SAID SOUTHERN LINE OF SAID PARCEL NOW OR FORMERLY IN THE NAME OF LARRY B. SLIPOW, GPIN 1494-64-6109 IN A SOUTHERLY DIRECTION, RUNNING WITH THE EASTERN LINE OF LANDS NOW OR FORMERLY IN THE NAME OF THE CITY OF VIRGINIA BEACH, GPIN 1494-64-3090 AS RECORDED IN INSTRUMENT NUMBER 200501010001356 AMONG THE LAND RECORDS OF THE CITY OF VIRGINIA BEACH, S 38°48'15" W 77.57 FEET TO A POINT; THENCE RUNNING EASTERLY S 53°52'11" E 132.98 FEET TO A POINT; THENCE N 73°47'14" E 66.18 FEET TO THE POINT OF BEGINNING, CONTAINING 10,064 SQUARE FEET OR 0.2310 ACRES OF LAND. 30455150v1 10 Item UD3 Bickford of Virginia Beach, L.L.C. Conditional Rezoning Conditional use Permit 2625& 2629 princess Anne Road &a portion of 2476 Nimmo Parkway District 7 Princess Anne July 12, 2017 CONSENT An application of Bickford of Virginia Beach, L.L.C.for a Conditional Rezoning (AG-2, 0-2 &Conditional B-2 to Conditional 0-2) and a Conditional Use Permit(Housing or Seniors and Disabled Persons) on property located at 2625&2629 Princess Anne Road and a portion of 2476 Nimmo Parkway, District 7, Princess Anne. GPINS: 1494-61-4297-0000; 1494-64-6109; portion of 1494-63-3417-0000. PROFFERS Proffer 1: When developed,the Property shall be developed in substantial conformity with the conceptual site plan entitled "Conceptual Exhibit Bickford of Virginia Beach", dated February 24, 2017,and prepared by Bowman Consulting (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2: The architectural style and quality of materials used for the facility to be constructed on the Property, when constructed,will be in substantial conformity with the exhibit"Bickford of Virginia Beach",and prepared by Kazamier&Associates, LLC(the "Exterior Elevations")a copy of which has been exhibited to the Virginia Beach City Council and is on file with Virginia Beach Department of Planning. Proffer 3: When developed, the facility shall include a maximum of sixty(60) residential apartments. Proffer 4: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. CONDITIONS 1. When the property is resubdivided, a one-foot no ingress/egress easement along Princess Anne Road shall be recorded on the plat. Item#D3 Bickford of Virginia Beach, L.L.C. Page 2 2. The proposed monument sign shall be as substantially depicted on the submitted freestanding sign exhibit. Said sign shall not be internally lit and be no taller than eight feet as measured from the ground to the top of the sign. 3. A Landscape Plan shall be submitted during site plan review process reflective of the plant material depicted on submitted Landscape Plan. Said plan shall be approved prior to final site plan approval. 4. The generator depicted on the Concept Plan referenced in Proffer 1,shall be screened by plant material from the private drive along the property's southern boundary line. 5. Prior to occupancy,the applicant shall obtain a Certificate of Occupancy. 6. Prior to the issuance of a Certificate of Occupancy,the existing driveway aprons along Princess Anne Road shall be removed and all right-of-way work shall be completed as required by the Department of Traffic Engineering. 7. The applicant shall obtain and maintain all applicable licenses required by the Virginia Department of Social Services for operation of the proposed facility. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item D3. AYE 9 NAY 0 ABS 1 ABSENT HODGSON AYE HORSLEY AYE INMAN ABSENT KWASNY AYE OLIVER AYE REDMOND ABS RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 9-0-1, with the abstention so noted,the Commission approved item D3 for consent. Robert Beamon appeared before the Commission on behalf of the applicant. , , -L• . .. -• /. - . ...,-•..„ --- 7 7‹ f ./ if/ , .. •••- •'' ._. ... ...., ../ I . ....''-.-- ." '''. ...."'•••-_:"'-':"' i iN 01410 I , .-,. • / ' ". ..----"--._ i'-',...,.. ' _ .1 ' • ? 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' . -. . ;._. -;;' \ .7-1s. -' CD`•: • :. ___1 \\ Itt.,..7.) r.,.../(4'.;" \\. \ <s.c,......,..! ,.. ,,,, L...'Ilk,\\.....\a ) - • •••••.\. - 7 ,. 1.__,-1 .-.\' C. `'.. % ...-!' (: 0 . s',,, .' •.• , :.• '''' ,..,,, 0 ., ....Z'dir 1 .,, • ' •. 1.. '-'''' \ ..7) • ...........% 1. . . ... 1 [ C Otr„ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HOSPICE HOUSE OF SOUTH HAMPTON ROADS [Applicant] CITY OF VIRGINIA BEACH [Property Owner] Conditional Use Permit (Hospice House / Sanitarium) EAST SIDE OF UPTON DRIVE, ACROSS FROM WARNER HALL DRIVE (GPIN 2414461943). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: August 15, 2017 • Background: The Hospice House of South Hampton Roads (Hospice House) has approached the City of Virginia Beach for the use of 2.25 acres of the subject site for a 12- bed hospice facility. The City has agreed to convey 2.25 acres of a larger 4.82- acre site to the Hospice House for the purpose of developing the proposed facility. The property owner to the north of the City's property requested to purchase a portion of the subject site adjacent to their property. An agreement has been reached to sell an area of up to 4,100 square feet with 30 feet of frontage on Upton Drive to this adjacent property owner. The proposed site plan depicts the building located in the center of the 2.25-acre site. The proposed building is one-story with a two-story center section. Twelve bedrooms for hospice care will be provided, as well as office and support space for the staff and bedrooms for families of the hospice patients to use as needed. The site is located within the 65-70 dB DNL AICUZ (Sub-Area 2). A hospice house (sanitarium) is considered a medical facility for AICUZ purposes, and as such, the use is deemed compatible within this AICUZ. The applicant, however, wanting NAS Oceana to be aware of the use, met with the City-Navy Joint Process Review (JRP) Group. There were no comments relevant to this application as a result of that meeting. • Considerations: The facility will provide a service that is greatly needed in Virginia Beach. The site layout, building style, and low-intensity use are, in Staffs view, compatible to the residential nature of the surrounding area. The Comprehensive Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non- residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future (p. 1-61). In Staffs view, this use is consistent with that principle. Hospice House of South Hampton Roads Page 2 of 2 There were 3 speakers in opposition. A representative of the South Shores Estates neighborhood stated that while they would prefer that the property be a park, if it must be developed, the neighborhood supports the use of the site as a hospice facility over any other use. Two adjacent property owners noted concerns related to: maintaining the woods along the shoreline, the future use of the residual piece of property, the ability of a nonprofit to run the facility over the long term, impacts to traffic and stormwater. Further details pertaining to the request, as well as Staffs evaluation of the application, are provided in the attached Staff report. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 10-0. 1. The site shall be substantially developed as shown on the submitted plan titled "Conceptual Site Layout & Landscape Plan of South Hampton Roads Hospice House," prepared by MSA, P.C., dated 12/07/16, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The design of the building shall be substantially as shown on the submitted building elevations titled "Proposed Elevations, South Hampton Roads Hospice House," prepared by Cox, Kliewer & Company, P.C., dated December 5, 2016, as well as the rendering titled the same but dated February 10, 2017, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. Collection of trash from the dumpster shall not occur between the hours of 7:00 p.m. and 7:00 a.m. 4. Any exterior lighting on the building or installed on the site shall be mounted and shielded to prevent any spillover of illumination onto adjacent residential properties to the north and west. 5. The southern access on Upton Drive shall be right-in/right-out only. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. r Submitting De• m • . •ency: Planning Departure me/kl& City Manager.., Applicant Hospice House of South Hampton Roads Agenda Item Property Owner City of Virginia Beach Public Hearing July 12, 2017 , ,,,„., City Council Election District Princess Anne 6 Virginia Beach Request 70.75 dB DN, s,,do.a o'Y Conditional Use Permit (Hospice House/ p 'Sanitarium') 41"”"�,0,op ` o Ch, }� AWN/Ra, u Staff Recommendation ya 1000 s Gideon.Rwd RungR.1 Approval D Z. Q Staff Planner 5.70 dBDNL Stephen White �' a^7"'p a `, `o,r `4 Location 1' k~, 0iVp a East side of Upton Drive, across from Warner I �, ` Hall Drive S`Q'6,,, "1$,, n. a„,�0 P.' �""'"ian .� GPIN 2414461943 I �`' , �; ' / Q. Site Size *it i � <<`�<,�.'��Area of Site:4.82 acres ,� . • iy•. 4.10 �; ,1,Q x to Area of Use Permit: 2.25 acres (•' +. � ` �� AICUZ r p n �!'l �°`e - ., ,7.0, 1,0 65-70 dB DNL; Sub-Area 2 0 Ai,_ `� x, !c �'� ,, ^,, Watershed f a� j�, �' ��� � Southern Rivers 1W'' 1,, • t �; #'#. y. Existing Land Use and Zoning District Ilk .. / '4.t S s. �, Vacant / R-7.5 Residential •n.` „: • ti: 4 - Surrounding Land Uses and Zoning Districts ,' , " :- North �,`•�. ' _ `� .1 r Single-Family Residential/ R-7.5 Residential South South of Area of Use Permit:Vacant/ R-7.5 Residential South of Area of Site: Restaurant/ B-2 Business East 'Lake' (former borrow pit) Single-Family Residential/R-10 Residential West Single-Family Residential/R-7.5 Residential Hospice House of South Hampton Roads Agenda Item 6 Page 1 Background and Summary of Proposal • The Hospice House of South Hampton Roads (SHR) is a 501(c)3 non-profit corporation dedicated to the establishment of a private hospice house as a resource in Virginia Beach. • The Hospice House of SHR has approached the City of Virginia Beach for the use of 2.25 acres of the subject site for a 12-bed hospice facility. • A hospice house is considered a 'sanitarium' by the City Zoning Ordinance, and a Conditional Use Permit is required for a sanitarium in the R-7.5 District. • The City has agreed to convey 2.25 acres of a larger 4.82-acre site to the Hospice House of SHR for the purpose of developing the proposed facility.The City Council will take action on the conveyance of the property during the same public hearing when this use permit request is heard. • The property owner to the north of the City's property requested to purchase a portion of the subject site adjacent to their property. An agreement has been reached to sell an area up to 4,100 square feet with 30 feet of frontage on Upton Drive to this adjacent property owner. • The proposed site plan shows the building located in the center of the site.The proposed building is one-story with a two-story center section.Twelve bedrooms for hospice care will be provided, as well as office and support space for the staff and bedrooms for families of the hospice patients to use as needed. • The proposed building is designed such that it has a long horizontal form.That, combined with the exterior building materials and architectural design elements, results in a building that is residential in appearance. • Parking spaces are distributed along the front of the building as well as south and north of the building, where roundabouts are located to provide area for vehicle turnaround.Twelve parking spaces are required for this use, and the site plan depicts 28 spaces, including two handicap-accessible spaces. • The proposed concept plan shows a trash dumpster for the facility located at the southern side of the building, accessible from the roundabout at the side of the building. • Access to the site will be at two points:one located at the southern side of the site and another at the northern side, at the intersection of Warner Hall Drive and Upton Drive. Hospice House of South Hampton Roads Agenda Item 6 Page 2 • Landscaping meeting ordinance requirements is shown and will be further reviewed during site plan review. While not required as the zoning of the subject site and of the adjacent site to the north are both residential,the applicant is providing a landscape buffer along the northern property line. • The site is located within the 65-70 dB DNL AICUZ(Sub-Area 2). A hospice house (sanitarium) is considered a medical facility for AICUZ purposes, and as such,the use is deemed compatible with this AICUZ. The applicant, however, wanting NAS Oceana to be aware of the use, met with the City-Navy Joint Process Review(JRP) Group.There were no comments relevant to this application as a result of that meeting. R //' — Zoning History ' ' # Request FE-1 S 4r70 / �o, 1 CUP(Convenience Store with Gas Pumps)Approved / R z.s 07/09/2003) DNL •�, � Rio• 2 REZ(AG-1/AG-2 to R-10 Residential)Approved j0 04/08/1997 F. f �g .<'c 3 CUP(Motor Vehicle Repair)Approved 03/23/2004) Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a framework for neighborhoods and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. (p. 1-61) Natural and Cultural Resources Impacts The site consists of a variety of groundcover with trees and shrubs along the shoreline of the lake. Hospice House of South Hampton Roads Agenda Item 6 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 1 4" Existing Land Use 2—0 ADT ) Upton Drive 10,067 ADT' 14,800 ADT 1(LOS a C, Existing Zoning 3—70 ADT 22,800 ADT (LOS E ) Proposed Land Use a-91 ADT 1 Average Daily Trips(station located 2as defined by vacant parcel a as defined by a 12,000 square foot a LOS=Level of Service between Culver Lane and Dam Neck s as defined by 7 single- nursing home Road). family dwellings Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Upton Drive is a Major Collector with an ultimate right-of-way width of 100 feet.As part of this project, area of the site necessary to provide a right-of-way width of 100 feet will be dedicated to the City. There are no roadway Capital Improvement Program projects in the immediate area. Public Utility Impacts Water This project must connect to the City water system. There is no water line located within the Upton Drive right-of-way. The closest connection is a six-inch line located adjacent to the south side of Warner Hall Drive.The developer will be required to extend water to the site. Sewer This project must connect to the City sewer system. There is no sewer line located within the Upton Drive right-of-way. The closest connection is an eight-inch line located at the intersection of Warner Hall Drive and Red Mill Boulevard. The developer will be required to extend sewer to the site. Evaluation and Recommendation According to the applicant, many people prefer to be in the familiar surroundings of their own home during their final days of life. The federal government and some insurers will pay for limited in-home hospice care, as it is less costly than types of care provided in other places. For a variety of reasons, however, not everyone can or wants to pass away at home. Examples of this, among others, are as follows: • A person has financial means, but no loved ones close by who can coordinate the paid care at home, and who does not want to be in an institutional setting; • A person has the financial means for 24-hour care in their home, but the stress and fear of dying at home is too much for the patient and/or the family;or • A person does not have the financial means to cover any expenses, home or medical, nor has any other family to assist. Hospice House of South Hampton Roads Agenda Item 6 Page 4 The facility will provide a service that is greatly needed in Virginia Beach. The site layout, building style, and low-intensity use are compatible to the residential nature of the surrounding area. The Comprehensive Plan's primary guiding principle for the Suburban Area is to create"Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future (p. 1-61). In Staff's view,this use is consistent with that principle and Staff recommends approval as conditioned below. Recommended Conditions 1. The site shall be substantially developed as shown on the submitted plan titled "Conceptual Site Layout & Landscape Plan of South Hampton Roads Hospice House," prepared by MSA, P.C., dated 12/07/16, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The design of the building shall be substantially as shown on the submitted building elevations titled "Proposed Elevations,South Hampton Roads Hospice House," prepared by Cox, Kliewer&Company, P.C., dated December 5, 2016,as well as the rendering titled the same but dated February 10, 2017, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. Collection of trash from the dumpster shall not occur between the hours of 7:00 a.m. and 7:00 p.m. 4. Any exterior lighting on the building or installed on the site shall be mounted and shielded to prevent any spillover of illumination onto adjacent residential properties to the north and west. 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. Hospice House of South Hampton Roads Agenda Item 6 Page 5 Proposed Site Layout 2i._ , . . t III U � ,1 (4 II IF / 1 € >' J � eGz it i1111! C II VC 2 o ! t "1 — 11El r Y� ntt, 0 Ji i I Xc) 0 I E I 141'.04' r s I Ni Q a5 1, aU E V_ 0 Z 01tom- J 0 , '� sI— 113 1 a f Iiiiw o Oo 11wik Hospice House of South Hampton Roads Agenda Item 6 Page 6 Proposed Elevations 910Z'5 2139V13730 V■■DaIA N7V3a VINIOSA - - i.VM7121Vd OVAYINCNV 3AI21ONO1dO 1.1.n ' I dSf OH ]3IdSOH SCVO?I NOld NH HIf1OS v",,,N,�, SNO I VM R 03SOd08a 31 i3� IR • a '{ . F". 111 -- (t. s ti 5 ■ is3 :: Ili I am Iii, — • u I. Li — i .1 im ■: / lt fil■ • \ \i 3 ., 4 II ■ Illk .i 0: �:::.' ...... mi x G' a Hospice House of South Hampton Roads Agenda Item 6 Page 7 Proposed Elevations lifl. ' I3 r...:.k.-„ — , a 4$1,„ im Li iL 1 Y 411 i ____. 1 1I W N O • W U � O i _ x,-; Q O ce A Z ll" ! I O W= °F Y o Hospice House of South Hampton Roads Agenda Item 6 Page 8 Site Photos ifP • f 9 . f •t. s 1 Hospice House of South Hampton Roads Agenda Item 6 Page 9 Disclosure Statement APPLICANT'S NAME-u4 do s lf1 , Ins. 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 Eaze•tion for (EDIP) Board of Zoning Encroachment Request Rezoning A. •eats I Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board y 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 . La Page 1 of 7 triiic4,,. a ,10 I 05/22/2017 • 06/23/2017 • $'1 '17 44441C Stephen White Hospice House of South Hampton Roads Agenda Item 6 Page 10 Disclosure Statement Virginia Beach 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 Hospice House of South Hamptpntmd4llka 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) See attached (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant. (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only ifprooerty owner is different from Aoolirant. 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:City of Virginia Beach If an LLC, list the member's names — _ — Page 2 of 7 Hospice House of South Hampton Roads Agenda Item 6 Page 11 Disclosure Statement Hospice House of South Hampton Roads Board of Directors Barbara Unkle, Chairman Terry Jenkins, PhD.,Vice Chairman and Treasurer Cami Hahn, Secretary Alexandria Berger, Ph.D. Chris Brandt Bob Miller Alex Berger, M.D. Fran Castellow Jolynn Chaffin Cindy Curtis Patrick Gill Chick Robison Hospice House of South Hampton Roads Agenda Item 6 Page 12 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below. (Attach list if necessary) The City Council of the City of Virginia Beach. William D. Sessoms, Jr., Mayor;Louis Jones,Vice-Mayor, Jessica Abbott; Ben Davenport; Robert Dyer: Barbara Henley;Shannon Kane;John Moss;John Uhrin: Rosemary Wilson,Jim Wood /City Manager:Dave Hansen (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) I .Parent-subsidiary relationship' means relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation See Stare and Local Government Conflict of Interests Act Va Code§2 23101 2 "Affiliated business entity relationship' relationship, other than parent-subsidiary relationship, that exists when 01 one business entity has acontrolling ownership interest In the other business entity, In) a controlling owner in entity Is also controlling ownerin the other entity,or bin there is shared management orcontrole between the business entities factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own manage the two entities,there are commonr commingled funds orsets,the business entities share the use of the same offices or employees or otherwise share activi[es, or personnel onregular basis: or there is othe noise a close working relationship betweenthe rentities." 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 subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Hospice House of South Hampton Roads Agenda Item 6 Page 13 Disclosure Statement Y.� APPLICANT Virginia Beach YES NO L SERVICE 1 [PROVIDER fuse additional sheets if needed) L ® Accounting and/or preparer of your tax return ® ❑ Architect/Landscape Architect/ DuffKliewer,Coe.Kliewer&Company Land Planner Contract Purchaser(if other than ® the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed O ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ ® Construction Contractors _ ,-' n Engineers/Surveyors/Agents Bob Miller,MSA Financing (include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) AD Legal Services Hugh Patterson,Willcox Savage Real Estate Brokers/ I�I ® Agents/Realtors for current and 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 0 of 7 Hospice House of South Hampton Roads Agenda Item 6 Page 14 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application.� Ply/li q l� l 1 U .TF.AIKf4m _ Li,,kg/7 APPLICANTS IGNMMURf PRINT NAME DATE Page S of 7 Hospice House of South Hampton Roads Agenda Item 6 Page 15 Disclosure Statement OWNER Virginia Beach lE [1761 LSERVICE I PROVIDER use additional sheets if __J _ needed) ® Accounting and/or preparer of your tax return .• ♦,] Architect/Landscape Architect/ L� Land Planner ❑ ® Contract Purchaser(jf 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 ���lll purchaser's service providers) ❑ Construction Contractors ❑ Engineers/Surveyors/Agents Financing(include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I ▪ ® Legal Services h 1bUSt. Real Estate Brokers/ WWW ▪ isAgents/Realtors for current and anticipated future sales of the h 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 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 6 of 7 Hospice House of South Hampton Roads Agenda Item 6 Page 16 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Orsclnsure 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 connert inn with this !ppbcation. ., 1Q j_� Ku,..c*1 L. ClyoAlu, .SL cc pm DS rrr7 MOJA Rfl rat PRINT NAME DATE AoLDI nl 7 Hospice House of South Hampton Roads Agenda Item 6 Page 17 Item#6 Hospice House of South Hampton Roads, Inc. Conditional Use Permit Hospice House(Sanitarium) East Side of Upton Drive, North of Nimmo Parkway District 7 Princess Anne July 12, 2017 REGULAR Bob Thornton: Please call the next application. Jan Rucinski: The next application is Item 6,an application for Hospice House of South Hampton Roads, Inc. for a Conditional Use Permit(Hospice House—Sanitarium) on property located on the east side of Upton Drive, North of Nimmo Parkway, District 7, Princess Anne. Cindy Curtis: Good afternoon ladies and gentlemen.Thank you very much for this time to present to you that we see as a very important opportunity for our community to meet a need. Ed Weeden: Can you identify yourself for the record? Cindy Curtis: Yes, I apologize. My name is Cindy Curtis. Barry Frankenfield: I could have told you that one. Cindy Curtis: I forgot to identify myself. I'm not used to identifying myself. This is something that is heartfelt to me and to all of the members of our 501(c)(3),our non-profit foundation. Our attempt is to ask the City to provide us with 2.25 acres,give or take,on Upton Drive for the development of a 12- room hospice facility. In the informal session,you saw some of the photos associated with the wonderful design that has been done. We think it is in keeping with the surrounding neighborhood. Needless to say this is a very quiet use. This is for folks who are dealing with end of life care needs. There are many individuals who are not capable of dealing with end of care life needs in their homes. Unfortunately, in our region there are only 12 beds provided by the Sentara assisted-living facility.There is a stipulated need done by a community analysis for a minimum of 36 beds,so we would like to attempt to reduce that backlog of beds that are needed in our region. We spent quite a bit of time working with the City. This has been a discussion that has been ongoing since 2014. We have met with the surrounding neighborhood two times.We've met with Mrs. Henley's regular commission meeting that she holds monthly to present the proposal.We've made adjustments to the proposal based upon the feedback that was received from the community.South Shore Estates.We've moved the location of the facility northwards to make sure it engages with the mostly treed buffer that is provided along the lakeside. We have every intention of adding to that buffer.The City, because of their implicit support for the hope of this moving forward,agreed to sell approximately 14,000 square feet of property to the abutting neighbor to provide an additional buffer from what they already purchased from the City. The City has already placed trees.We will add to the buffering of the trees. They have already been placed along that north border. We are excited because we believe this is a project that the community will get behind. We estimate, it will take$5,000,000 to build the facility and we hope to raise about$5,000,000 from the endowment because we would eventually, once the endowment is set,would like not to have Item#6 Hospice House of South Hampton Roads, Inc. Page 2 to turn anyone away from the need of this service. It is near and dear to my heart because I had a mother-in-law who I had put into a facility for her end-of-stage life-care and it could have been better. It could have been gentler and we designed a facility that will allow the full family input.The best of care! We would not be operating it. We will hire a professional group to come in, medical doctors, nurses, and a professional group to run it.And as I said, it is a quiet use and design to fit in as best as possible with the surrounding neighborhood. I'll be happy to answer any question, or if you have any specific development questions, I've got the capable Bob Miller here to back me up in case there is something there that is a concern that I may not be able to answer. Bob Thornton: Thank you.Are there any questions for Cindy?Thank you. Jan Rucinski: Mr. Miller,did you want to speak on the application? Bob Miller:Since I'm capable. Ronald Ripley: We were trying to consent it. Bob Miller: I know. I am just letting you that what Cindy said, I'm on the Hospice House Board also. I'm Bob Miller. I'm a professional engineer in Virginia Beach.This is a facility that certainly has a large need like she explained. I think we've done what the staff has asked us to do,and we were ready, obviously be approved in the consent. So,we will see what the concerns are and address those things. Thank you. Jan Ruciniski: Our first speaker says that he is in partial opposition,and he represents South Shore Estates,and that is Bob Kugler. Bob Kugler: You got it close enough. Jan Rucinski: State your name for the record. Bob Kugler: Yes, my name is Bob Kugler. I live at 2084 Bierce Drive,Virginia Beach in South Shore Estates. And I work for the South Shore Estates Civic League,and we have had a couple of good meetings with the hospice facility and their people. I provided you with some background documents that you may or may not have read, if you had a chance to read, but I sent to you by email I believe. That showed that we have spent, as a neighborhood,much time working with the City over many years trying to turn this particular property into a wooded area,or at least one with more trees and shrubs. And as you know,or from the background know, the City originally acquired this through eminent domain.They took the property in order to produce, in order to extend Upton,which they did as a two lane road. They are also inconsistent with that.They built or they provided some of the land for two Houses for Humanity homes.And they have been built, Habitat for Humanity. The eminent domain was not though justified on the purpose of creating commercial space. Nowhere in any of the documentation indicates that, and the rest of the neighborhood of course, is residential. This is the lake, although it does not own any of water itself. That is all owned by the property owners from across the lake. So,from a point of view,you can see the site and where the lake is. People who live across from it and the rest live down. From a neighborhood standpoint,we of course, first and foremost wish to make this stay as a park,or if it could not be a park, rather as a wooded area consistent with the City's desire to have more trees and wooded areas. If that is not possible, if it must be turned over to anything else, Item#6 Hospice House of South Hampton Roads, Inc. Page 3 then, through a survey we determined that yes,we would support the hospice,though many people who live and most affected by this,certainly we're not in favor of that. But as an overall neighborhood, we said we would prefer a hospice over other things. What took us by surprise was the second meeting with the Hospice folks. They were actually told no,we're not going to give you the center of the property. We're only going to give you part of the property, and that raised the hackles of everybody in the neighborhood. For we know that once you rezone that site,there is nothing to stop you from rezoning the site that is further to the south and turning it into a business facility or anything else you so desire. That would be totally against the community,the original zoning, and as far as we're concerned, it doesn't even help the hospice facility. That facility does not site that far down. In fact, it would help the neighborhood if the whole property was given to them or the rest of the property was used as wooded or open space. So, what we are really asking is as an absolute minimum, do not subdivide that property in a way you have shown. We're not a party to that. We were only informed of it and we never agreed to it. That,frankly, is the position from the survey of the community folks. I am not the only one here to talk from the community. I don't want to preclude others who actually live adjacent or across from. Are there any questions? Bob Thornton: Karen. Karen Kwasny: You are aware that this is a Conditional Use Permit?So, they are not rezoning the property. Correct? Bob Kugler: They are asking to rezone the property.You can't build something on residential. Somebody is asking. Karen Kwasny: It is a Conditional Use Permit.Correct? Does someone want to clarify that so we can all understand what's happening? Bob Thornton: It is a Conditional use Permit, but it is not a rezoning. Karen Kwasny: Dr. White? Stephen White: The site is zoned R-7.5. It is Residential. But you can have this use on a Residential site with a Conditional Use Permit.That is what they are here for. Bob Kugler: Let me just be sure that I understand.Will that also allow the City once this is done, to rezone or use a Conditional Use Permit to build a medical office building on the remaining part of the site? Stephen White: A medical office building or anything commercial of that nature is not allowed in that R- 7.5 District; so,they would have to come in and rezone the property. It is a process just like this,and you get the opportunity to weigh in on that. Bob Kugler: Okay. I'm sorry for my ignorance on that. But you do understand our hesitancy that once this is done,there will be more likely an inducement to use the rest of the property for something besides a hospice,and as we've been at last alluded to by the City, medical office building, which we feel Item #6 Hospice House of South Hampton Roads, Inc. Page 4 should be addressed at the same time this is so we aren't kind of caught later on. Does that make sense? Bob Thornton: Are there any other questions? Bob Thornton: Let me answer part of that for you and Staff can help me.The City owns this property and it is zoned Residential. If they made a decision to put it on the market and sell it,they would have to go through a RFP process and advertise, and developers would come along and tell them what they wanted to do, or the City would advertise it for a specific use, and that's got to go before City Council before they advertise it. So there are layers of protection for your neighborhood if the City decided they wanted to sell it and be done with it. You get a chance to weigh in on the questions to sell it, and then the question of use. And then the question of who they respond to in the RFP.So, it is just not going to happen one night that you're going to wake up and see a building being built out there. I've done work with the City on several parcels,and it is a very lengthy cumbersome process that is for the purpose of protecting the public. Hopefully,the staff can nod their head, and say that is how it works. I don't think you should worry about someday something out there is offensive because the people on City Council doesn't like offending the neighborhood with things that you all don't like. Bob Kugler: I appreciate that. It is the Staff that told us the other part of the property would probably be used for a medical office building; so, I have also weighed that somewhat with our perception we've been given. Bob Thornton: I understand. Bob Kugler: But I appreciate the feedback. Bob Thornton:The answer could be, but it is going to be a process. A real process.Are there any questions of our speaker? Karen Kwasny: That was very clear. Thank you. Bob Kugler: Thank you. Jan Rucinski: Our next speaker in opposition is Cheryl Caffyn. State your name when you get to the podium Cheryl Caffyn: It is a tough name. Cheryl Caffyn. I live at 2201 Bierce Drive in South Shore Estates. As the pictures show,the property adjacent. I am the property. So,this would be my backyard. I have several questions and concerns. This past May was our 20`"year in our home.When we purchased our home, we were told there would be no ingress/egress into the land behind us. I think there was no extension, and the City wouldn't allow it. We have on this lake,we have spectacular views. There is kayaking, sailing. We have wildlife,osprey, herring and hawks. Daily visitors,which I have a pair of nesting bald eagles on the lake as well. Recently I had someone to come in and do some trimming on my trees, but also looked at this land that is behind there that the City is allowing us to purchase. It is going to protect the trees on there; so, I'm not sure if the City has done any true looking at the property to see if there is actually any other protected trees. He told me if I was to cut it, I would be dealing with a penalty.So, again,the homeowners on the lake, it is private lake. I had several concerns and it was Item#6 Hospice House of South Hampton Roads, Inc. Page 5 great to hear the earlier session where it was mentioned about the part of the preliminary stormwater analysis had been done on this property. I am assuming that? Stephen White: Yes. Carolyn Smith: Yes. Cheryl Caffyn: Where will the storm drains be going? On this property here covered,and there previously slide presentation it covered water and it covers sewer. It never covers storm drains. So,we would like to know where the storm drains are going. Stephen White: The detailed design work has not yet been done. Preliminary stormwater study and assumptions made in that study have been reviewed by Development Services Center and they have accepted that. I cannot tell you the details. Barry Frankenfield: We know that. I don't know if we know it right now. In other words,that would have been determined in the study; so, I apologize that we don't know that answer to that but they have determined where the outfall is going to go. So,we will get someone who could answer that question. Cheryl Caffyn: Yes. The last time the storm drains were worked on, it was a bit closer to the Red Robin up there. When the City came in to do stormwater on that particular drain,they took out a 100 foot across of trees, 50 foot on both sides.They worked across the lake immediately called had this halt stopped and wanted to know what's going on, and they said it was standard practice for them to wipe out 100 or so trees because they needed that level of access. If this is not noted on here, so they be working on another 100 foot of trees that are already filled and established across there to add an additional storm drain. That is why I am concerned where this is not being shown. So,one of the areas that when the City did that it was notified that they were going to be removing these trees. We want to be notified if they are going to be removing trees, and if so, how it is going to impact us?We have an easement. If you look further down,there is a pool, an easement of storm drain.A 30-foot easement. I want to know if the City is going to be connecting into that one, or if they are going to be adding a new one, because, if so,you will be putting my family at risk,the pool at risk for construction that is going to be going through. Bob Thornton: Ma'am,we have a time on speakers, and your red light has already gone off. If you have a summary, could you please summarize? Cheryl Caffyn: I can do it real quick. A couple of times that trash being picked up between not the hours of 7:00 am and 7:00 pm. I don't want trash ups at 2:00 in the morning. I want to make sure we get that. The traffic patterns,we want to know how that is going to be going.You got 28 spots here but you have over a full time staff, nurses, doctors, and attendants.You don't have adequate spacing. Where is the overflow going to go? Also,wanted to know was the biggest concern I have about this facility is a non- profit. I work in healthcare. I understand that it is very noble cause. You're talking about a non-profit that you're based on funding.They are going to being able to take in people that whether you can pay or not.What happens if this goes under in three years? What happens? Can this be turned into a rehab facility?Will I have that in my backyard?What is my guarantee that it will remain a hospice? You're Item#6 Hospice House of South Hampton Roads, Inc. Page 6 limiting it, because it is inpatient; so, you're limiting the use of this property.And that is my greatest concern. I mean it is a noble cause, but I just don't want it in my backyard. Bob Thornton: Thank you. Are there any questions of the speaker? Thank you. Are there any other speakers against? Jan Rucinski: Yes,we have one more and that is Mirella Stalnaker. Mirella Stalnaker: I have a few things I would just like to hand out. Can I do that? Bob Thornton: Sure. Mirella Stalnaker: Okay. Just really quick. Ed Weeden: State your name for the record. Mirella Stalnaker: I'm sorry. Ed Weeden: State your name for the record. Mirella Stainer: my name is Mirella Stalnaker. I live at 1040 Sandoval Drive. I am part of South Shore Estates. What you are about to receive is a copy of our deed. I wanted to make sure that you are very clear what we're talking about, and when you receive this,what you will see is at the bottom is where my home is. Behind us is the waterway. You can't see it up there. You will see in your hand. The waterway is part of our deeded property.And where our water stops is where the proposal is for this Hospice. So when we say it is in our neighborhood, it is in our neighborhood. And while this is just my home, all of the homes adjacent to me have the same issue where the water goes against the property. The pictures I am sending you are pictures directly from my backyard. I'm showing you those even though in the back it looks like the water is.We're talking about less than a mile. So,where I am looking at the hospice and seeing into the time,they are also seeing into our homes.So, I want to make sure that is very clear. My direct neighbors and I are strongly opposed to this hospice, and I have six reasons, and I know I have three minutes. So, I'm going to speak quickly. The six reasons on why I am strongly opposed to this hospice in our neighborhood. Number one is safety. This hospice will bring visitors, volunteers,employees into our neighborhood.These strangers will be able to look in our homes.They will see our children, our daily activities, and our patterns. While we are unaware of who they are,or where they came from,that is why you don't put commercial properties in residences. You expect a certain amount of privacy. Can you hear me? That is why you don't put commercial properties in our neighborhood. This land we're discussing is zoned residential, and directly backs to our property in our neighborhood. Please keep it safe for private homes,and keep it for private home development by keeping it residential. Number two. There are six. 1 am on number two. Backing up to the lake, which is really the Back Bay watershed.That is the watershed we are talking about. Most people who spend any time on the beach or on the water understand that you can't leave a can or a fast food wrapper out there.Their landscaping is beautiful. The reason why you can't have those things out because there is always a breeze near the water, and that leaves debris that goes into our waterway. Now,what they are buying, one of the pros to our neighborhood, is that we use this lake. We swim.We kayak. We paddle- board. No one wants to swim in trash and filth. We just don't. And,that is our fear that is one of the Item #6 Hospice House of South Hampton Roads, Inc. Page 7 things that will happen when you bring strangers into the neighborhood.They just don't know better. They don't live there.They don't care. Number three.What about future development? What happens that in five to eight years,the hospice doesn't have the financial means to stay open? For me, it working at hospice and working at a halfway home or a drug rehab. Would you want that in your neighborhood? I don't want that in mine. You wouldn't want that for your family either.There are places in Virginia Beach for this. I don't think it is in a residential area. Number four is liability. We discussed that waterway is ours. Right now, it is owned by the City. It is zoned no trespassing. If we put a building there, it is going to bring people in. If someone was to drown in that lake, as homeowners,we're responsible.So you need to think were liable. So,we will sue you,if they drown in your water. Maybe they wouldn't, but we would be the ones who will have to hire the attorney,miss work. It is just a hardship that you wouldn't expect from a vulnerability you should expect in your home. Number 5 of 6. I am almost done. Increased activity not conducive to residential living. I don't believe they would have the emergency vehicle sirens coming into this facility, but they would have lights.And again, this is directly across from the facility.All of our master bedrooms are on the side of the water. So,these lights would be coming in at two or three in the morning. It doesn't add to our quality of life. And the last thing, number six.All the arguments that I presented to you result in a decrease of our property value. I forgot about this. I brought a realtor over,and said what is this going to do to our property value? He said it is going to decrease. It makes it vulnerable.Talking to our neighbors,they said if this hospice had been there, and I'm including myself, I wouldn't have bought the property. My real estate taxes get lower home values. In my research, I haven't seen any hospice that paid any real estate taxes.That's real estate tax doesn't that to our schools. I'm not sure, but if the City chooses to disregard the pleas of the residents that are directly impacted by the building of this hospice,then I would like to make a requirement that the hospice include an atheistically pleasing fence blocking any access to the water. They should maintain the trees that are already there, and plant additional trees for a buffer protecting our privacy. I think that is all that I want to say about that.Thank you. Are there any questions? Bob Thornton: Are there any questions?Are there any questions of the six statements? Dee Oliver: I've got one. Bob Thornton: Okay. Dee. Dee Oliver: I can't address the landscaping on the lake because I'm not just not sure, or the liability if someone falls into the lake or drowns. I think you have more opportunity for that to happen with the land undeveloped than you do as a hospice house. I can address, being a funeral director and pretty much an expert on the end of life, that this is a very quiet use of the land.The likelihood of you having a lot of foot traffic or a lot of people in and out of that building is minimal at best. I have a couple of funeral homes.We don't have a lot of traffic. It is a very quiet.A hospice house is very,very quiet. They are great,and I hope you never have to experience it in your life, but they are a very,very nice facility to have in our communities. I don't think that it will impact you as your envisioning.The ambulances won't come in with red lights on.They just won't.You're not going to have that kind of use for this facility. It is quiet. And most of the people that end up in a hospice facility,just for this particular one, I know, it is because they don't have somewhere to go. So,you're not going to have 20 family members descending in on one person in a bed.The likelihood is probably is that they don't have anybody, unfortunately,for them.So,to have a facility like this,that they can go to, be well taken care of, and I know this particular facility will probably be one of the top ones, probably in the State of Virginia.We're that fortunate to Item#6 Hospice House of South Hampton Roads, Inc. Page 8 have. I think that. I understand your concerns, but I think you might, and I'm counting on you being presently surprised that this isn't going to impact you as much as you think. Mirella Stalnaker: Ms.Oliver, I appreciate you saying that, and I do believe, and I am sensitive to the issue to the hospice in what's being done there. I absolutely believe that Virginia Beach needs another one. And they have been so kind and easy to work with. Here is another reality,and I want you just think about. I have this home, and we enjoy being on that water,and now after this hospice is built,and if we don't have these buffers at a minimum, I am out there enjoying paddle-board and knowing right across that lake is somebody losing their best friend,their mother, their spouse.What kind of quality of life is that for our neighbors, knowing that how insensitive of us to enjoy the lake in front of them. So it is just the thought we had.You may not agree,and I understand that. But this is our home.And, I would just want to ask you. Would you want it in your backyard, because this isn't like across the street down a way,this is our backyard. Dee Oliver: I appreciate that as a land use, as a facility, or a business coming on a piece of land, as far as it impacting anything, it is relatively quiet. Mirella Stalnaker: I would ask that it would maintain residential, and that if it was free up for sale, I personally would like, and this is how it came up actually, I called to see if I could buy it,and they said something was going on. It was months and months ago. I would like to have a home there for my parents so I could keep an eye on them, and I believe others would as well.This is a residential property; so, I wish them well. I just don't wish it on a residential, anyone, not just ours, any residential. That is all that I have to say. Thank you. Bob Thornton: Are there any questions of Ms. Stalnaker? Karen. Karen Kwasny: I'm not sure if it is a question for you so much, as but it is a question, because the conceptual that 1 am looking at provides a substantial buffer behind the building on the lake; so,there is a substantial buffer there.You're asking for a more robust buffer than what is already in existence? And gives where the building will be situated? Mirella Stalnaker:That is a great question? What first presentation we saw there was no buffer.The second one said there might be,and they were going to try,and Lynnhaven River Now is thinking they could put something better there.With all due respect on the buffers and landscaping,the City did put, I think, 8 or 10 trees, about two months ago,two of which are already dead. So,when someone says trust me,we're going to have a buffer, if there is any chance of taking those trees down, I am opposed. If there is not a dump there, I'm opposed for the safety of us. You say it is acceptable now, it may be more so when you're going to have a hospice there and there will be volunteers.That is great. But they are going to get lunch breaks, and that is on our waterway; so, let's go back to the watershed. Let's be clear on that. Karen Kwasny: So I think you had some questions that will probably be able to get answered when they return to the podium so we can ask those questions with them. Mirella Stalnaker:Thank you. Item#6 Hospice House of South Hampton Roads, Inc. Page 9 Karen Kwasny: 1 am sure we can perhaps work with what you would like. Mirella Stalnaker: Thank you. Bob Thornton: Thank you. Would you care to rebuttal? We don't have any more speakers. Cindy Curtis: Thank you very much.The concerns that have been expressed were not new to us,and we heard them, and we tried to deal with them with the greatest extent possible with the exception of not being thereon the site.And, I will let you know that we looked for quite a bit of time with the Planning Department for other parcels throughout the city.This, by far,was the best use for this type of facility. The others were more driven by economic development, higher and better uses you can imagine versus a non-profit use,which is a more quiet use. In terms of the wildlife,and recreation uses, as I think you heard earlier,there are two parks within a quarter mile of this situation.Yes it is, right now, a green field and I respect the fact that the change from a green field to a more active use is, as you said,change. She is absolutely right. Both of the speakers were right.The trees are abutting this property are owned by the people across the lake.So, we will not be removing those trees. What we have asked is Lynnhaven River Now, and some other groups,to work with us to deepen the amount of buffer with the trees,which will hopefully thrive in the environment.The initial trees that were put up by the City that are dead, I am sure they will be replacing them.They probably didn't irrigate them appropriately, which is the irrigator bags. It has been very dry. I am sure landscape management will be embarrassed that occurred,and we'll make sure to get that fixed.Trash will be a minimum.These residents are basically bed-bound. We thought this was a wonderful site, because we are designing the bedrooms that overlook the lake to allow them to have the peaceful vista through the landscaped area, and then the trees. It won't necessarily be looking at the lake,as you can see, because we are have the built-in buffer, but it is a green quiet environment.And we think a peaceful caring environment is the way any of us would want to spend our last days. In terms of if,this was to fail,we certainly are not planning on that. As a matter of fact, we are allowing ourselves,and our term sheet, an amount of time to work with the community to make sure, as I said earlier, not only to have the funds to build this building, but to provide an endowment to ensure coverage of not only annual operating shortfalls that may occur, but also to hopefully be able to accept individuals who don't have the funds necessary for this care-for us to be able to take care of our community. Safety and strangers?These will be individuals,volunteers, will be individuals from our nursing staff throughout the community.All the staff throughout the community,and our faith-based community. We will have professional nurses and doctors on staff. Like you said,family members,visits will be intermittent during quiet times. We will not have lights or sirens as you well-said.There will not be lights or sirens. In terms of trash pickup, I can ensure you that we can write in our contract that it occurs during regular business hours not at 3:00 a.m. because that would be disruptive to the neighbors as well as to our community that is using the Hospice Facility. Bob Thornton: May I ask you to wind up really quick? Cindy Curtis: Yes. I will be happy to. Bob Thornton: Thank you. Cindy Curtis: Can't always guarantee it to be a hospice facility. I am on the board, and I would like to say that you never say never, but I can tell you that the City would be extraordinarily sensitive to any other Item#6 Hospice House of South Hampton Roads, Inc. Page 10 adaptive reuse,and it would definitely be one that I think the community would be comfortable with, and I certainly respect your concern there, but believe the City is very aware of that. If there are any concerns or questions regarding infrastructure design, Bob would be happy to answer those. We really believe we worked hard to try to hear the concerns, and are very sensitive to making this space be something that the community would be glad it is in Virginia Beach. Bob Thornton: Are there any questions of Cindy? Karen? Karen Kwasny: So you are amenable to changing the trash pickup hours? That is my first one. Cindy Curtis: We don't have trash pickup for us right now. It will be a private service line. I am certain we can ask for a certain time to do that.We certainly would not, because of our residents wanting them there at 3:00 in the morning,and we are very sensitive to the fact that yes, there is a neighborhood abutting.There is also a private sector business is right next door; so, we are very sensitive. Bob Thornton:Thank you. Did you have a question? Jan Rucinski: That was one of the questions. But I actually had one for staff because it does say in the write up that the trash pickup will occur, I think it is before 7:00 a.m. in the morning and after. Bob Thornton: 7:00 to 7:00. Number#3. Jan Rucinski: I can see where the residents would have a concern with that. Is there a way to get that in the write up changed? Bob Thornton: Condition#3 is 7:00 to 7:00. Stephen White: It says trash from the dumpster shall not occur between the hours of 7:00 am and 7:00 p.m. Bob Thornton: Shall not occur? Stephen White: We can easily fix that by removing"not." Cindy Curtis: I rest on the opportunity of not removing "not." Jan Rucinski: That is why when I read it,okay, maybe there is something different. Cindy Curtis: I can understand why you brought that forward. Do we have any problem with the Planning Department with that? Great. Consider it moved. How about that? Bob Thornton: Are there any other questions of Cindy?Okay. Bob, a question for you please? Karen Kwasny: Bob, do you have any manner of answering Cheryl's question. I think Cheryl's question about? I know we said we don't know where the stormwater are going to go. She had a couple of Item#6 Hospice House of South Hampton Roads, Inc. Page 11 questions about stormwater management, about construction, and an easment adjacent to her property. Bob Miller: Adjacent to her property? Excuse me? Karen Kwasny: I thought that is what she had said. Cheryl Caffyn: There is only two storm drains. Bob Miller: Here?We are not touching any of that. Cheryl Caffyn: There is one there,and there is one other by the water. Bob Miller: There is one that goes through the property,and we're not dealing with that one either. Cheryl Caffyn: So,you will be adding one? Bob Miller: What we will do is honor those trees that are there, and like you said, reinforce that landscaping. These are volunteer trees in for the most part, and the rest of the trees that are on the property, a few of them that have been planted by the City.That buffer will be there consistently.We're doing stormwater management on the property in the form of quality and quantity, and if we were to choose the one piece, it would be quality, and we would change to buy phosphorous credits, but we will actually do all of that on the property. So there will be a small outfall pipe that will go in that will go to the lake, but there will not be an additional cutting down of a 100 trees.There will not be anything like that. We can't do that. And there are easements allowing the City access to the lake, if that answers your question? Bob Thornton: Thank you. Anybody else have questions for Bob? Thank you. With that,we will close the public hearing and open it for discussion amongst the Commissioners. Who would like to speak first? Go ahead Karen. Karen Kwasny: This kind of piggybacks on what Dee had said in response to some discussion, and that is, and as I said earlier,when we look at the hospice house off of Rosemont, I recall saying to my husband, wow, I would love this in my backyard, because it was so quiet and peaceful,and lovely. And since this isn't nearly as large as that,there isn't an availability of a lakeside walk around like that particular location has.They have done a fine job in creating kind of a natural landscape around the building, and I wouldn't want us to make a decision in the negative here in relation to a fear of the future, when we're not talking about a rezoning yet.And Bob articulated that so well,and I'm sure I'm going to do damage to it, but if that becomes the case later on for the portion of the property that is not being developed for the hospice,that would go through the process,and then, I think your concerns would have a lot of merit,and I would bring them forward at that point. I think that they have every intention of making this a use that is going to be a model to the neighborhood, and it really would be a quiet peaceful buffered property with stormwater managed on a property with relation to quality and quantity without it being constructive or reviewed, without your reasons being interrupted,for a lack of better articulation. Item#6 Hospice House of South Hampton Roads, Inc. Page 12 Mike Inman: Mr. Chairman? Bob Thornton: Mike. Mike Inman: First off, I want to make sure that everybody is clear. I think Staff can correct me if I am wrong,that the City is the owner of this property.This is a request of the applicant,which is a 501(c)(3) charity organization,which is to operate a hospice facility in a R-7.5 Residential District. If someone else wanted to do something else, because of a failure of this organization,which is highly unlikely, I think, they would have to apply for a use permit,and the uses within R-7.5 are pretty narrow; so, and if you're interested you can look in the City's Zoning Ordinance and find out what those listed uses are by law. This use is probably the least intensive potential intrusion into a neighborhood that I can think of in this particular location,and the organization that is going to operate it is a very responsible organization with excellent members on the Board who will, I am sure,they will be as accommodating as they can to their neighbors should there be any need to do so. I'm very supportive of this use on this particular piece of property. Bob Thornton: Thank you Mike. Does anybody else want to comment before ask for a motion? Karen Kwasny: I would like to make a motion that we approve agenda item 6, Hospice House of South Hampton Roads. Bob Thornton: A motion made by Commissioner Kwasny. Do I have a second? Don Horsley: Second. Bob Thornton:A second by Commissioner Horsley. Bob Thornton: We got to change Condition#3 by removing the word "not". Carolyn Smith: We would recognize that as a typo.That was not our intention. Bob Thornton: Okay. Thank you. Stephen White: That includes the new condition#5. Right?The right-in and the right-out? Bob Thornton: Yes. You gave that to us between meetings, "the southern access will be right-in right- out only." Stephen White: Yes sir. Bob Thornton: Are you okay with that? Okay. Thank you. AVE 10 NAY ABSO ABSENT 1 HODGSON AVE HORSLEY AYE Item#6 Hospice House of South Hampton Roads, Inc. Page 13 INMAN AYE KWASNY AYE OLIVER AYE REDMOND ABSENT RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 10-0,the Commission has approved the application of Hospice House of South Hampton Roads, Inc.with the new condition 45. Bob Thornton: Thank you. Conditions: 1. The site shall be substantially developed as shown on the submitted plan titled "Conceptual Site Layout& Landscape Plan of South Hampton Roads Hospice House," prepared by MSA, P.C.,dated 12/07/16,which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The design of the building shall be substantially as shown on the submitted building elevations titled "Proposed Elevations, South Hampton Roads Hospice House," prepared by Cox, Kliewer&Company, P.C.,dated December 5, 2016, as well as the rendering titled the same but dated February 10, 2017, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. Collection of trash from the dumpster shall not occur between the hours of 7:00 p.m. and 7:00 a.m. 4. Any exterior lighting on the building or installed on the site shall be mounted and shielded to prevent any spillover of illumination onto adjacent residential properties to the north and west. 5. The southern access on Upton Drive shall be right-in/right-out only. s ,,\ ti tip] <0. S j \ �\ \ c2, \ \ ..,, \ \ \ \ \ > ____3 \ \ c 1 __'_!, \ \ \ &I %.- k___--\., ____ \ \ 7----\ \ \ - 1 - -- \ \ v = u \ \ Too 0,0 \\,,,\\ 0111\ ' _., \y _n 119 \ '. r_C---- 11, \,_r_A t IOW \ \ Y &,A K.) i 1 t) :\\ \ JN \ \ CCI — 1\'' n ,_‘ 31 au 1 \ 1 > LI (f-_,--J (11-7 :-\,__‘...„1 \ 14C1:1L--jr°r5--11jr--C-11 Illi ____--0-0N___-;:tc11,- 7> xi \,_,______---\ \ O C--311tic\--1\j% \ \\., inf 1 .0.:IinE;?„,,,, CI CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MERMAID WINERY AT THE BEACH, LLC [Applicant] WOON FOON YUEN & WONG BIK YOK [Property Owners] Conditional Use Permits (Craft Winery & Assembly Use) 4401 Shore Drive (GPIN 1479778573). COUNCIL DISTRICT— BAYSIDE MEETING DATE: August 15, 2017 ■ Background: The site is currently developed with a 6,600 square-foot building that was constructed in 1971. The building was previously used as a restaurant; however, the site has been vacant for the past five years due to a fire on the site. In February 2017, a Conditional Use Permit for a Craft Brewery was approved for this site but was never acted upon. The applicant proposes to renovate the property for a Craft Winery and full service restaurant. Approximately 4,000 square feet of the existing building will be dedicated to a tasting and dining room. A 1,500 square-foot covered outdoor patio is also proposed along the east side of the building. The remainder of the building will be used for the manufacturing of wine, a kitchen, and storage. As per Section 230 of the Zoning Ordinance, live music will only be allowed inside the establishment when all the doors and windows are closed. No live music will be permitted on the outdoor patio area. In coordination with the proposed Craft Winery use, the applicant desires to host wedding receptions and other similar events on the site. All such private events will occur either within the building or on the covered patio. Thus, the applicant also requests a Conditional Use Permit for an Assembly Use. • Considerations: The combination of the existing mature vegetation at the rear of the site, and the addition of a solid wall behind the proposed outdoor patio, in Staffs opinion, provides sufficient screening and protection for the existing adjacent neighborhood. The submitted site layout depicts improvements to the site through upgrades to perimeter landscaping, additional planters, and an upgrade to the front facade of the building that includes the addition of awnings and a repainting of the building. Also, the addition of an outdoor patio area on the side of the building will create an interesting atmosphere. Mermaid Winery at the Beach, LLC Page 2 of 3 The applicant has met with the Bayfront Advisory Commission and no concerns were raised. 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. With the exception of any modifications required by any of these conditions, the site shall be developed and maintained in conformance with the submitted site layout plan. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. With the exception of any modifications required by any of these conditions, the site shall be developed and maintained in conformance with the submitted site renderings. Said renderings have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 3. A Landscape Plan shall be submitted that reflects the plant material listed in the Shore Drive Design Guidelines and placement depicted on the submitted landscape exhibit. Said plan shall be submitted for review and approval by the Development Services Center Landscape Architect. 4. Consistent with the Shore Drive Design Guidelines, the building facade shall be a neutral or earth tone color. No primary color shall be permitted. 5. The occupancy load for the Craft Winery shall be established by the City of Virginia Beach Building Official's Office. 6. A Certificate of Occupancy shall be obtained prior to operation of the Craft Winery. 7. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions with this Conditional Use Permit. 8. There shall be no sale or consumption of alcoholic beverages on the premises between midnight and 10:00 a.m. 9. Live music may be performed only inside the establishment and all doors and windows shall remain closed during such performances, except during the actual ingress and egress of patrons and employees. Mermaid Winery at the Beach, LLC Page 3 of 3 10. All signage onsite shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. A separate sign permit from the Planning Department shall be required for the installation of any signage. 11. All minimum parking requirements and aisle widths as specified in Section 203 of the Zoning Ordinance shall be met at all times for any operating uses located on the subject site. 12. HRSD approval shall be obtained prior to any discharge of sewage. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep - 'cy: Planning Department tiAkzi City Manager: 7k ll VBApplicant Mermaid Winery at the Beach, LLC Agenda Item Property Owner Wong Foon Yuen & Wong Bik Yok Public Hearing July 12, 2017 City Council Election District Bayside 12 Virginia Beach e+ n Requests `' Conditional Use Permit(Craft Winery & - "ted ,,.��w'� • Assembly Use) i Staff Recommendation i Approval • 0.0 Staff Planner Jimmy McNamara nm"a''' ._{ Location ...... t, 4401 Shore Drive GPIN 1479778573 "'6'4°K' Site Size ,,,,,,°goad 35,937 square feet AICUZ Less than 65 dB DNL Existing Land Use and Zoning District Vacant restaurant building /B-2 Community — Business (Shore Drive Overlay) . '• '" - j it i Surrounding Land Uses and Zoning Districts •••• ate . . North * �, „Av • - ` 'R Shore Drive , ��” •. Antique store /B-2 Community Business (Shore T. Drive Overlay) ' • q • S , . il Single-family dwellings /R-10 Residential (Shore �1. ' at '� �.,• 3 � ; _ . h� i. , Drive Overlay) lt I'. '0 1 East • ` + . : _ Car wash/B-2 Community Business (Shore ;, ^t r y 16 Drive Overlay) ' ¢j; ' , �.,. West • . . r Taal aF' *s +� . .J1 Dental office, retail /B-2 Community Business (Shore Drive Overlay) Mermaid Winery at the Beach, LLC Agenda Item 12 Page 1 Background and Summary of Proposal • The site is currently developed with a 6,600 square-foot building that was constructed in 1971. The building was previously used as a restaurant; however, the site has been vacant for the past five years due to a fire on the site. • In February 2017, a Conditional Use Permit for a Craft Brewery was approved for this site but was never acted upon. • The applicant proposes to renovate the property for a Craft Winery and full service restaurant. Approximately 4,000 square feet of the existing building will be dedicated to a tasting and dining room. A 1,500 square-foot covered outdoor patio is also proposed along the east side of the building. The remainder of the building will be used for the manufacturing of wine, a kitchen, and storage. • Consistent with the Shore Drive Design Guidelines, the applicant is proposing upgrades to the building's facade that include repainting the building gray with dark red accents; and, the addition of awnings, building planters and benches. • Typical hours of operation are proposed as 11:00 a.m. to 11:00 p.m., Monday through Thursday, 11:00 a.m. to 12:00 a.m. Friday and Saturday, and 7:00 p.m. to 11:00 p.m. on Sunday. It is anticipated that up to twelve employees will work on site. • As per Section 230 of the Zoning Ordinance, live music will only be allowed inside the establishment when all the doors and windows are closed. No live music will be permitted in the outdoor patio area. • Additionally, no outdoor seating is proposed in the rear of the site adjacent to the existing residential neighborhood. To assist in the abatement of any noise from the outdoor seating area located to the side of the building, the applicant is proposing an eight-foot brick wall to be located adjacent to the outdoor patio area. The existing mature vegetation located between the site and the neighborhood is proposed to remain. • According to the requirements of Section 203 of the Zoning Ordinance, the proposed building plan and site layout necessitate 43 parking spaces on the site. It is the applicant's intent to restripe the existing parking lot to accommodate this requirement. • In coordination with the proposed Craft Winery use, the applicant desires to host wedding receptions and other similar events on the site. All such private events will occur either within the building or on the covered patio. Thus, the applicant also requests a Conditional Use Permit for an Assembly Use. Mermaid Winery at the Beach, LLC Agenda Item 12 Page 2 !kG-2---N r R-10 __- R- .5 ._._ PD-H2(R-5D)' B.2 2 R-7.5 �� 1 Zoning History /� r/ / I # Request �� 1 CUP(Craft Brewery)Approved 02/21/2017 1 ® 1 2 CUP(Car Wash)Approved 11/12/2002 it 3 MOD Approved 10/10/1996 1� � �� CRZ(B-2&R-7.5 to Conditional 0-1)Approved D00'00.` P-1 10/25/1994 F 1 ei pve� Ba'N .. t� -- -.1 Ft --10 Application Types CUP-Conditional Use Permit MOD-Modification of Conditions or Proffers FVR-Floodplain Variance REZ-Rezoning NON-Nonconforming Use ALT-Alternative Compliance CRZ-Conditional Rezoning STC-Street Closure SVR-Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being in Suburban Focus Area 1—Shore Drive Corridor. The Shore Drive Corridor is an integral part of the Bayfront Community, extending from Independence Boulevard to First Landing State Park. While primarily a residential community, the corridor shares the responsibility of being one of Virginia Beach's primary east-west connectors, creating unique and sometimes problematic challenges. The area is considered a resort neighborhood and not a resort destination. The Shore Drive Corridor is primarily a residential neighborhood area with commercial uses to support the residents. Planning policies that apply to this request include improving the land use compatibilities, avoiding over- commercialization, preserving and protecting the character of established neighborhoods and achieving the lowest reasonable density for future residential uses. (pp. 1-70& 1-71) Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay watershed. There do not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Shore Drive 35,360 ADT 1 17,300 ADT 1(LOS 4"C") Existing Land Use 2—454 ADT' 31,700 ADT 1 (LOS 4 "E") Proposed Land Use3-40 ADT 1 1 Average Daily Trips 2as defined by 0.83 acres of 3as defined by 3,000 square feet of a 4 LOS=Level of Service 13-2 zoned property drinking establishment and 3,000 squarefeet of manufacturingspace Mermaid Winery at the Beach, LLC Agenda Item 12 Page 3 Public Utility Impacts Water The site currently connects to City water service. Sewer The site is served by a private pump station discharging directly to the 20-inch HRSD force main along Shore Drive. HRSD approval is necessary to accept sewage proposed to discharge directly to HRSD facilities. Water and sanitary sewer service must be verified and improved if necessary, so that the proposed development will have adequate water pressure, fire protection, and sanitary sewer service. Evaluation and Recommendation This request for a Conditional Use Permit for a Craft Winery to occupy this large, vacant building is, in Staff's view, an acceptable request. The site is located in the Shore Drive Corridor and the proposed use is consistent with the historically commercial use of the site. The combination of the existing mature vegetation at the rear of the site, and the addition of a solid wall behind the proposed outdoor patio, in Staff's opinion, provides sufficient screening and protection for the existing adjacent neighborhood. The submitted site layout depicts improvements to the site through upgrades to perimeter landscaping, additional planters, and an upgrade to the front facade of the building that includes the addition of awnings and a repainting of the building. Also, the addition of an outdoor patio area on the side of the building will create an interesting atmosphere. The applicant has met with the Bayfront Advisory Commission and no concerns were raised. Based on the considerations above, Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. With the exception of any modifications required by any of these conditions, the site shall be developed and maintained in conformance with the submitted site layout plan. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. With the exception of any modifications required by any of these conditions, the site shall be developed and maintained in conformance with the submitted site renderings. Said renderings have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 3. A Landscape Plan shall be submitted that reflects the plant material listed in the Shore Drive Design Guidelines and placement depicted on the submitted landscape exhibit. Said plan shall be submitted for review and approval by the Development Services Center Landscape Architect. 4. Consistent with the Shore Drive Design Guidelines, the building facade shall be a neutral or earth tone color. No primary color shall be permitted. 5. The occupancy load for the Craft Winery shall be established by the City of Virginia Beach Building Official's Office. 6. A Certificate of Occupancy shall be obtained prior to operation of the Craft Winery. Mermaid Winery at the Beach, LLC Agenda Item 12 Page 4 7. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions with this Conditional Use Permit. 8. There shall be no sale or consumption of alcoholic beverages on the premises between midnight and 10:00 a.m. 9. Live music may be performed only inside the establishment and all doors and windows shall remain closed during such performances, except during the actual ingress and egress of patrons and employees. 10. All signage onsite shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. A separate sign permit from the Planning Department shall be required for the installation of any signage. 11. All minimum parking requirements and aisle widths as specified in Section 203 of the Zoning Ordinance shall be met at all times for any operating uses located on the subject site. 12. HRSD approval shall be obtained prior to any discharge of sewage. 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. Mermaid Winery at the Beach, LLC Agenda Item 12 Page 5 Proposed Site Layout Q 1 ,T/ !-,r Vi c.t- V-.4' • •9V,VV•ULF L • -Alit----' f I I \ j aitH v?NIA r,/ I i ':biA 0. II tn ft- 1 1tto f .a � t; W �_ v i „. Q �� — _- Q = Ojo Z:Lei1 ---1717— �� — RI `L b • O J ..je•7,i"._...1n N CU O 'L 0 0Q k to1 45 Q1 L C tib J d •. N ti ti IF— D A4 VI ,f1 h ti , L li V ' i VI L. _ z I _4r.4 `. R !`= --- d. to 131.11,9z 061 I i on OS'..AO N G (1 V 741,1 C'6 9 M ,C0,0 '.6,0 Pv ++ 0 Mermaid Winery at the Beach, LLC Agenda Item 12 Page 6 Proposed Elevations ismialimmumainimimmilisi • 41 illit ( 1 1 1111 II XXX X Ii%\ IVI' • • �. , )a •1 _ - . ______ .• •••4' (' iNk‘ vii ii -. %1 $ 1 II 0 i ',. ,,..4 zi,,... ,,,t. , _ .. , „....., ..,.._ , , Mermaid Winery at the Beach, LLC Agenda Item 12 Page 7 Proposed Elevations . . _ ,',, $ 4• - '0Iv k... .,./1 I _ = IP ——----—— .—..—....--...---':-4.N. tt. — .. — -7--- - , ----. ..A 1, •rc'_,/‘„.4..".. 'Al 1 • r •a ' .1, 1 ' . 't , !'f' 10 i:. ,,.4 ,„.. ..• ,. ....„ -,,,,r . - :... 4.• • i‘ ... .. ... ..-t.s.,,L'It - • . r. - . • . . 1 13- r • ,••.-_,-• - _4‘,.--,, _ —, -5,. ,i1 . —....-- ii.••4.) =..-.-- -... ...F..= .7----0.11:-.....=::, _. ' ikliqm.-1.16711. I - r , kr: ... - " •' ', A' Pi '' sg • ,/ '' ./ -. o • o .- • • -- • r • ,r 4. -r, •44:411 i's 0 - tot r , -• ir 11,,,„, •so,',-, , -•-•,.` ,-•• o' —‘: \ 11 ' ,. '••-.•''':.,. I:-.'"'/ ,, '. -,,o' 1-, . . -r... - .•44,-, — i , , -- , •- , , -- , -:. . , - _ . . _ .. ... ._ _ , , ...•• , ... . ., ,z...., ::.-. : t• - ..,-- „ :.. .., -.-... . .- „ i. - • t•) . . , . - "'-• V i ' , - I. •-- •- . , -, ---— I', .. i .;• - -- . _ 411411111 11 I I iii .,-41ht 1 I I .11 -,....i..' ..- .-- n•-+• 11 MI - 11*i t , - MERMAID Mermaid Winery at the Beach, LLC Agenda Item 12 Page 8 Proposed Floor Plan U,C . , a" n N �Q -...-._... ._- 1 . O vN i r 1 i iii H 3 __ to Q k t O i = 4 f S:l F • - ie S d _ r V N Y a t 2 E.- §g . . 1 n. P' X 1 5 i 2 a i i . . • S Mermaid Winery at the Beach, LLC Agenda Item 12 Page 9 Site Photos • *II �F tat'Oft ri1 goo* sY • eJx it--**‘1"1141#4$-- wry T >rr " - Mermaid Winery at the Beach, LLC Agenda Item 12 Page 10 Disclosure Statement Virginia Beach APPLICANT'S NAME Mermaid Winery at the Beach,LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board • Conditional Use Permit License Agreement Wetlands Board a S The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • e SECTION 1 / APPLICANT DISCLOSURE Page I oI• 7 KR/12 pri Jimmy McNamara Mermaid Winery at the Beach, LLC Agenda Item 12 Page 11 Disclosure Statement Virginia Beach El Check here if the APPLICANT IS NOT a corporation. partnership, firm. business, or other unincorporated organization. ® Check here if the APPLICANT 15 a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Mermaid Wnery at the Beach, L If an LLC. list all member's names: Jennifer Eichert George Lichen If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for Information pertaining to footnotes and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if pronely owner is different frown Applicant. • Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business. or other unincorporated organization. ® Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business. or other unincorporated organization, AND THEN. complete the following. IA) List the Property Owner's name:Foon 8 Bik Wong If an LLC, list the member's names: Page 2 of Mermaid Winery at the Beach, LLC Agenda Item 12 Page 12 Disclosure Statement Virsinia Beech If a Corporation, list the names ofall officers, directors, members, trustees, etc. below. (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) -Parent-subsldwry relationship means Y relationship that exists when one corporation directly or ind•recth o shares possessing more than 50 percent of the voting power of another corporation' Su State and Local Government Conflict of Interests Act.Va. Code 5 2.2-3101. 2 'Affiliated business entity relationsh,p' means 'a mlationship, other than parent-subsidiary reiationship,that exists when dl one business entity has a controlling ownership interest in the other business entity, iia a controlling ownerone entity is also a controlling owner in the other entity,or ii2 there is shared management ocntrolbetween 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 ownor manage the two entities,there art 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 ona regular basis; or there is otherwise a close working relationship between the entrties' See Statand Local Government Conflict of Interests Act, Va Code S 2.2.3101 • e SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Mermaid Winery at the Beach, LLC Agenda Item 12 Page 13 Disclosure Statement VB APPLICANT wrginia Beach YES NO SERVICE PROVIDER tsar add)d.msbeenn needed) ISI ❑ Accounting and/or preparer of Cas Ingram • W your tax return Fr' riArchitect /Landscape Architect/ NBA,Michael Henry,Salty Reeve L Land Planner Contract Purchaser(if other than • ❑ ® the Applicant(- identify purchaser and purchaser's service providers My other pending or proposed ❑ " purchaser of the subject property (identify purchaser(sl and purchaser's service providers) M ® Construction Contractors Mi .Mt . epul5ng.strveJensen Engineers /Surveyors/Agents Financing(include current Navy Federal Cada Union.Lynne rA l�l mongerholders and lenders Hancock Sion I I selected or bang considered to provide financing for acquisition or construction of the propenyl LI ❑ Legal Services Vandeventer Black LLP LI Real Estate Brokers/ Gregg Christofferson.AL L. Agents/Realtors for current and anticipated future sales of the 1 I subject property I e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? IF yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Mermaid Winery at the Beach, LLC Agenda Item 12 Page 14 Disclosure Statement CERTIFICATION: I certify that all of the irfo•macmr eoritenu•d in this Disclosure Slatenie.n form is complete.:nre, and accurate. I underste^d that, ucan -eceipt of notification tha: the app'It at inn has been scheduled for pubht hear ng, 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. --_. .. • c if Jenniter Eirho•t 5tt6/17 10p1 NAAlr _ p°7 Vey. 5 d Mermaid Winery at the Beach, LLC Agenda Item 12 Page 15 Disclosure Statement OWNER iglu%Beach YES NO SERVICE PROVIDER(.:.aarol.ww.a .w.d E ® Accounting and/or preparer of your tax MMnra ❑ ® Architect/landscape Architect/ Land Planner Contract Purchaser(if other thaq 111 ��I the Aswlkant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchasers)and purchasers service providers) ❑ ® Construction Contractors n s Engineers/Surveyors/Agents Financing(include current ❑ ,�, mortgage holders and lenders selected or beig considered to provide financing for acquisition or construction of the property) ❑ legal Services Heath Thompson.PC Real Estate Brokers/ I�I ® Agents/Reahors for current and 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 ❑ gan interest in the subject land or any proposed development el 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 Mermaid Winery at the Beach, LLC Agenda Item 12 Page 16 Disclosure Statement CCRTIFICAI10M r it. n -I r r + . re.. —i h.tlo nt vmrm .rm iJ, - ! r _ r. _•rlCdL^r TPat !'m 'al . 6_en ! !,., • . I ar•+ responsible for updating the information pr.nu!crfrs nao g illn ams prig In the Planning Commission, Count'', VBDA i in rl@ean[r, r testinl am public bury m ton',mluce i + +,.nnenlnn whb thic Alplrn r l_ �r_r/i� �r'`'�- . .�4 r` '� I,: reit _ . -i �;:. talk / fr1oNC �1F/j7. Mermaid Winery at the Beach, LLC Agenda Item 12 Page 17 Item#12 Mermaid Winery at the Beach, L.L.C. Conditional Use Permit 4401 Shore Drive District 4 Bayside July 12,2017 CONSENT An application of Mermaid Winery at the Beach, L.L.C.for a Conditional Use Permit (Craft Winery& Assembly Use) on property located at 4401 Shore Drive, District 4, Bayside. GPIN: 1479-77-8573-0000. CONDITIONS 1. With the exception of any modifications required by any of these conditions,the site shall be developed and maintained in conformance with the submitted site layout plan. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. With the exception of any modifications required by any of these conditions,the site shall be developed and maintained in conformance with the submitted site renderings. Said renderings have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 3. A Landscape Plan shall be submitted that reflects the plant material listed in the Shore Drive Design Guidelines and placement depicted on the submitted landscape exhibit. Said plan shall be submitted for review and approval by the Development Services Center Landscape Architect. 4. Consistent with the Shore Drive Design Guidelines,the building facade shall be a neutral or earth tone color. No primary color shall be permitted. 5. The occupancy load for the Craft Winery shall be established by the City of Virginia Beach Building Official's Office. 6. A Certificate of Occupancy shall be obtained prior to operation of the Craft Winery. 7. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions with this Conditional Use Permit. 8. There shall be no sale or consumption of alcoholic beverages on the premises between midnight and 10:00 a.m. 9. Live music may be performed only inside the establishment and all doors and windows shall remain closed during such performances, except during the actual ingress and egress of patrons and employees. Item#12 Mermaid Winery at the Beach, L.L.C. Page 2 10. All signage onsite shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. A separate sign permit from the Planning Department shall be required for the installation of any signage. 11. All minimum parking requirements and aisle widths as specified in Section 203 of the Zoning Ordinance shall be met at all times for any operating uses located on the subject site. 12. HRSD approval shall be obtained prior to any discharge of sewage. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item 12. AYE 10 NAYO ABSO ABSENT 1 HODGSON AYE HORSLEY AYE INMAN ABSENT 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 12 for consent. Jennifer Eichert appeared before the Commission on behalf of the applicant. , / --e .__! / ,_______ NIII-1" / __ .1. /I �t /----_______, __„ r------___ r 1. / -7 / AN y/ t` `- 1r- --_ / , m / 0:4 •„,/ � �- N - is -1. --------__ I i :11 [--- - -_ I I ! --) _______.::,________. / iit----L-___„„j_s-- t 7 --------------1 211 11413------________ r-3 te, -- --.1� [�o - X4Ni2---Ii411b: j i r I ----7> Y. r { -r him)/ ? � r ° rC\) {f r / I lin r? /I/ di 0 -e Vreighi i Ai - / i C ---- L ____ f----.403 /4- ___,.:,0 „-- a.._ -* ;--- / 1,1,4; fit / cci-: ,c 70 1 / r - a -_ ) ,� fr]�7 Cil /` f- 1 r �` --, �� � ! [ c,,,-1`.,..it CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MILAGROS MONTESA [APPLICANT] BEACH HOLDINGS, LLC [PROPERTY OWNER] Conditional Use Permit (Automotive Repair Garage) 5768-C Arrowhead Drive (GPIN 1467031723) COUNCIL DISTRICT— KEMPSVILLE MEETING DATE: August 15, 2017 ■ Background: The applicant requests a Conditional Use Permit for an Automobile Repair Garage in order to operate an auto body repair shop with a paint booth. The applicant desires to use a unit in an existing industrial warehouse building on Arrowhead Drive. The auto repair business will operate from 8:00 a.m. to 4:30 p.m., Tuesday through Saturday. • Considerations: During the process of obtaining a business license, it came to light that a Conditional Use Permit is required. Many auto repair uses exist within this area of Virginia Beach. All repair work and the storage of materials will occur within the building. Further details pertaining to the request, as well as Staffs evaluation of the proposal, are provided in the attached Staff report. There is no known opposition to this request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1. All vehicle repairs shall take place inside the building. 2. No outside storage of equipment, parts, tires or materials shall be permitted. 3. There shall be no outside storage or display of tires. 4. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 5. All parking spaces required by the City Zoning Ordinance must be marked by painted striping, including handicap spaces in accordance with the Americans with Disabilities Act (ADA). Milagros Montesa Page 2 of 2 6. Any building signage shall meet the requirements of the City Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. No "box signs' shall be permitted on the building. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departmen gency: Planning Department a UV( - ! (4. it City Manager: Applicant Milagros Montesa Agenda Item Property Owner Beach Holdings, LLC Public Hearing July 12, 2017 9 , ,,,,„ City Council Election District Kernpsville Virginia Beach Request Conditional Use Permit(Automotive Repair _ Garage) r. Staff Recommendation Approval / vvlomMlD.NC "°'. i0 q.vr Staff Planner Robert Davis A • ~,�,Nrn A,r. f i ad � Location i ,..,.•`0, .°""`0, it r ,"* e 5768 Arrowhead Drive, Unit C 0,,,w,t or,,,4a y fin• i $ ^," d�J .."'^orgy i. GPIN M,,,� r '°'� 1467031723 R°"Mo << + Site Size 40,890 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay r` ' -:$ I .- / �.;: Existing Land Use and Zoning District �� `,\�• :,�_r`-�;z . � - � 4. - Existing warehouse/ 1-1::t:::t;1:histricts , ;\''' '4 ../Z- * * a. '7"P VP t,'.. ' North1. Princess Anne Road Business Use/ B-2 Community Business '# , ��, , �' South 1, i , ., 4: - .- - . . Arrowhead Drive l a :._. ~'` a 'It Industrial warehouse / 1-1 Light Industrial iuo,;�E f 4044700 East • Industrial warehouse / 1-1 Light Industrial �+ West '. • i _ .r....; Industrial warehouse /1-1 Light Industrial ?`� •`s � Milagros Montesa Agenda Item 9 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Use Permit for an Automobile Repair Garage in order to operate an auto body repair shop with a paint booth. During the process of obtaining a business license, it came to light that a Conditional Use Permit is required. • The applicant desires to use a unit in an existing industrial warehouse building on Arrowhead Drive. • The auto repair business will operate from 8:00 a.m. to 4:30 p.m.,Tuesday through Saturday. • Repairs and the storage of materials will occur only within the building. • No changes to the exterior of the building or to the site layout are proposed with this request. I-I 2 \ A 1s a ' MAe.4 Southern Boulevard Zoning History 444MR�p # Request 1 CUP(Automobile Repair Garage)Approved 10/18/2016 / 2 CRZ(1-1 to Conditional B-2)Approved 10/28/1997 2 3 REZ(I-1 to B-1A)Approved 04/05/2016 4 CUP(Tattoo Parlor)Approved 11/17/2015 5 CUP(CosmetologySchool Approved 02/24/2009 ) PP 6 CRZ(I-1 to 1-2)Approved 12/12/1995 o Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—FloodplainVariance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations This property is located in the Newtown Strategic Growth Area (SGA), as identified by the Comprehensive Plan and the Newtown SGA Master Plan. The subject site is located in the Arrowhead North Neighborhood of the Newtown Strategic Growth Area. As this area is in close proximity to a light rail station, the Plan recommends a transition from industrial uses to retail and medium density residential uses within smaller blocks and common green spaces (p. 41). Natural and Cultural Resources Impacts This site is within the Chesapeake Bay watershed. As the property is almost entirely impervious, there does not appear to be any significant natural or cultural resources associated with the site. Milagros Montesa Agenda Item 9 Page 2 Public Utility Impacts Water &Sewer This site is currently connected to both City water and sanitary sewer service. Water and sanitary sewer service must be verified and improved, if necessary, so that the proposed use will have adequate water pressure, fire protection and sanitary sewer service. Evaluation and Recommendation While the Newtown Strategic Growth Area Master Plan calls for long-term redevelopment of the site to residential and retail uses, the proposed use is compatible with the existing light industrial uses surrounding the site. Many auto repair uses exist within this area of Virginia Beach, and as such, the proposed use is acceptable until market forces begin to transition this area of Virginia Beach as envisioned in the Newtown SGA Plan. No site improvements or changes to the building are proposed with this request, and the parking provided on-site meets the requirements of Section 203 of the Zoning Ordinance. Based on the considerations above, Staff recommends approval of this request with the conditions below. Recommended Conditions 1. All vehicle repairs shall take place inside the building. 2. No outside storage of equipment, parts, tires or materials shall be permitted. 3. There shall be no outside storage or display of tires. 4. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 5. All parking spaces required by the City Zoning Ordinance must be marked by painted striping, including handicap spaces in accordance with the Americans with Disabilities Act (ADA). 6. Any building signage shall meet the requirements of the City Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. No"box signs" shall be permitted on the building. 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. Milagros Montesa Agenda Item 9 Page 3 Site Layout .._,,,s__:::-,--.. ---.._ / -7 _. — -__ __ .. 7------___ I 1-2* / i j_ / Pro osed • tormlobila / fz-:- Repair G-rage i/ ., !! 111 \ I r"----._L_ f / :; / /___, i _ // • I/ 11 '-) (--- / __ Arroya `� r . i /tr,..-----:'-- ir----141.,___, r Milagros Montesa Agenda Item 9 Page 4 Site Photos 1 _ -*iv- , i aMilli w JJ 1 n ..4.,_ — _ _ kt. --........ Milagros Montesa Agenda Item 9 Page 5 Disclosure Statement Virginia Reath APPLICANT'S NAMEMilagros Montesa 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 i Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exce•tion for (EDIP) Board of Zoning Encroachment Request Rezoning A• • als _. Certificate of Floodplain Variance Appropriateness — — � Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board X Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. a SECTION 1 / APPLICANT DISCLOSURE Pagel of 7 ® _ _ 1 7 j'"tPAC Robert Davis Milagros Montesa Agenda Item9 Page 6 Disclosure Statement Virginia Beach F Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. I__I Check here if the APPI ICANT 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 I or affiliated business entity 2 relationship with the Applicant (Attach list if necessary) See next page for information pertaining to footnotesI and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is differentjrom 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.Beach Holdings, LLC If an LLC, list the member's names. Legere W. Snyder Page 2 of 7 Milagros Montesa Agenda Item 9 Page 7 Disclosure Statement VJY� vtgapia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below. (Attach list if necessary) (R) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the 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 SO percent of the voting power of another corporation." see State and Local Government Conflict of Interests Act,Va. Code 12.2 3101. 2 "Affiliated business entity relationship' relationship. other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity,1111 a controlling owner in one entity is also a controlling ow in the other entity,or (iii) There is shared management or control between the business enttisnefactors that should be considered in determining the existenceof an affiliated business entity relationship include that the same person or substantially thsame person own or manage the two entities,there are common or commingled funds or assets,the business entkies share the use of the same offkes or employees or othcnwse share activities, resources or personnel ona regular basis, or there is otherwise a close working relationship between the entities"See Stateand local Government Confka of Interests Act. Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the sublect of the apoliradon or any business ooeratinq or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Milagros Montesa Agenda Item 9 Page 8 Disclosure Statement APPLICANT Virginia Beach HIES L NOJ 1 SERVICE i PROVIDER ruse�rw.al sheetsit 0 Z i — _ Accounting and/or preparer of ne . iyour tax return _ - _ ❑ in Architect/Landscape Architect/ Land Planner ® theCoAppt Purchaser( par flan I Li til )-identify purchaser I 11 and purchaser's service providers Any other pending or proposed 0 ® 1 purchaser of the subject property (Identify purchasers)and purchasers service providers) ' ❑ ® Construction Contractors -- ❑ Engineers/Surveyors/Agents Financing(include current -- - ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition rr or construction of the property) 0 N egalServices I 1 ,Real Estate Brokers/ LiNI Agents/Realtors for current and anticipated future sales of the — subject property e e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does–an–official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development ' contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the Interest] Page 4 of 7 Milagros Montesa Agenda Item 9 Page 9 Disclosure Statement Vu®nia Peach 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 an, 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. Cli- 0 ar— f4L.lcecs C Mcuicsf NIYLL,Ap. c F-G`�rZA _ 5/447 APPLICANT'S SIGNANRE PBIMr NAME DATE Page 5 of Milagros Montesa Agenda Item 9 Page 10 Disclosure Statement OWNER Virginia Beach VESA LNo SERVICE I PROVIDER cud additional sheersn del ❑ ® 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 n ® Engin__ Engineers/Surveyors/Agents Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ ® Legal Services Real Estate Brokers/ ❑ ® 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 or 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? Milagros Montesa Agenda Item 9 Page 11 Disclosure Statement Yu,inia Beads CERTIFICATION: - - I certify that all of the information contained in this Disclosure Statement Form is L true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein two weeks prior to the Planning Commission. Council, VBDA meeting, r meeti of any public body or committee in connection with this APlI _ Legere W.Snyder 15/2/2017 PRINT NAME _ DATE _ — RT OWNERS PT RE 5/2/2017 Page 7 of 7 Milagros Montesa Agenda Item 9 Page 12 Item#9 Milagros Montesa Conditional Use Permit 5768 Arrowhead Drive, Unit C District 2 Kempsville July 12, 2017 CONSENT An application of Milagros Montesa for a Conditional Use Permit(Automotive Repair Garage) on property located at 5768 Arrowhead Drive, Unit C., District 2, Kempsville.GPIN: 1467-03-1723-0000. CONDITIONS 1. All vehicle repairs shall take place inside the building. 2. No outside storage of equipment, parts,tires or materials shall be permitted. 3. There shall be no outside storage or display of tires. 4. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 5. All parking spaces required by the City Zoning Ordinance must be marked by painted striping, including handicap spaces in accordance with the Americans with Disabilities Act(ADA). 6. Any building signage shall meet the requirements of the City Zoning Ordinance.A separate sign permit shall be obtained from the Planning Department for the installation of any signage. No "box signs" shall be permitted on the building. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item 9. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN ABSENT 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 9 for consent. The applicant Milagros Montesa appeared before the Commission. J. APPOINTMENTS AGRICULTURE ADVISORY COMMITTEE BEACHES and WATERWAYS ADVISORY COMMISSION COMMUNITY ORGANIZATION GRANT (COG) DEVELOPMENT AUTHORITY HUMAN RIGHTS COMMISSION PARKS and RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION TRANSPORTATION DISTRICT COMMISSION OF ROADS HOUSING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT ...................... If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 • Virginia Beach City Council Speaker Time Limits ORDINANCES /RESOLUTIONS: Each registered speaker will ha%e three (3) minutes In support the document or express concerns PLANNING ITEMS: Applicants, or their Representatives, will have ten (III) minutes to define the need or explain the intent plus three (3) minutes for rebuttal Speakers will have three (3) minutes to speak once in favor m opposed. CITY COUNCIL ONE-DAY RETREAT Economic Development Conference Room Suite 700 4525 Main Street, Town Center September 12, 2017 8:30 AM to 3:30 PM 8/15/17 jag CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:081012017 PAGE: I A AGENDA V ITEM q SUBJECT MOTION VOTE A E H E W B N F J S U I B P DNOKMSH I. W O 0 V LN AOOR SO T R EEENSM I 00 T T R Y S ES S N N D CITY MANAGER BRIEFINGS I. VIRGINIA SPORTS HALL OF FAME- Ronald H.Williams, Jr.,Deputy City Manager Eddie Webb,Executive Director of Virginia Sports Hall of Fame and Museum 2 MUSEUM OF CONTEMPORARY ART Update- Debi Gray,Executive Director-MOCA 3. ViBe DISTRICT UPDATE Kate Pittman,Executive Director-ViRe Creative District 4. HOLIDAY LIGHTS Thomas M.Leahy, Deputy City Manager 5. WILDLIFE REHABILITATION Kevin Kemp,Zoning Administrator. Planning 6 PENDING PLANNING ITEMS Carolyn Smith. Administrator, Planning IVIII/IV CERTIFICATION OF CLOSED CERTIFIED 80 V Y A Y V A Y V Y A V A-F SESSION FIG MINUTES: APPROVED 8-0 V V A Y V A V V V A Y July 1E18,2017 II PUBLIC HEARING: 14 SPEAKERS 6:07 6:43 PROPOSED INCENTIVE PAYMENTS Development Authority to CityView Two, LLC. I.I. Ordinance to AMEND the City Codes, ADOPTED,BY 8-6 Y V AY Y AY V V A V 535-I36/535-138 re meal taxes CONSEN1 12. Resolution to RE-NAME the"Adult ADOPTED,13Y KO Y V A V V A V Y V A V Learning Center"to"Virginia Reach EMS' CONSENT CITY OF VIRGINIA REACH SUMMARY OF COUNCIL ACTIONS DAT E.::08/01(2017 PAGE: 2 D A AGENDA V S ITEM SUBJECT MOTION VOTE A F H E W B N F I S H B P DNOISMS HLW O 0 V EN AOOR SO T R EEENSM I 0 0 T TR YS F S SNND 1.3 Ordinances to ACCEPT/APPROPRIATE/ ADOPTED,BY 8-0 V Y A V V A Y Y Y A V TRANSFER: CONSENT a.5595,077 to the Clerk of the Circuit Court re technology needs/upgrades b.S 16,500 to the Development Authority/ AUTHORIZE 516,500 00 in donations to: 1)Global Studies Academy atTallwood High School 2)Entrepreneurship/Business Academy at Kempsville High School 3)Virginia Beach Growsmart Foundation c.$51,42827 to EMS and AUTHORIZE a Fifty Percent(50O)TRANSFER of $25,715.00 for local match d.$64,696 State funds to Human Services for Opioid Recovery Program c.$942,586 State Ponds to Human Services for Opioid Treatment 975,000 State funds to Fire Department re Technical Rescue Team J. APPOINTMENTS: RESCHEDULED BECONS ENS U S BEACHES and WATERWAYS ADVISORY COMMISSION (1OMMUNrI V ORGANIZATION GRANT (COG) DEVELOPMENT AUTHORITY HUMAN RIGHTS COMMISSION PARKS AND REC REA PION COMMISSION PROCESS IMPROVEMENT'STEERING COMMEFTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION INVESTIGATION REVIEW PANEL Reappointed: 7-0 V V A YE A V All A Y Nony Abrajano Brian Dewan 3 year term 9/1/17-8/31/20 MINORITY BUSINESS COUNCIL Confirmed 7-0 V V A Y Y A V A V A V Appointment: Carla Bailey Linda Bright Thru 5/31/18 PUBLIC LIBRARY BOARD Reappointed: 7-0 YY A V Y A Y A Y A Y Cheryl Savage Guy Tower 3 year term 9/1/17-8/3120 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE 0801/2019 PAGE 3 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E 11 E W B N F J S U 1 B P DNORMS H 1. W O 0 Y LN A 0 0 R S 0 TR EEENSM I 00 TIRES ES SNND RESORT ADVISORY COMMISSION Appointed: 7-0 Y Y A EY A Y A Y A Y Keith Ireland 3 year term 8/1/17-1291/20 TOWING ADVISORY BOARD Appointed: 7-0 Y Y A V Y A Y A Y A Y Bradley Volner Unexpired don 5/31118 +3 Years dun 5131/21 2040 VISION TO ACTION COMMUNITY Appointed: 7-0 Y Y A Y Y A Y A V A V COALITION Robert Magoon 4 year term 8/1/19-6/30/21 KKUM ADJOURNMENT 6:43 PM PUBLIC COMMENI 1 SPEAKER