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HomeMy WebLinkAboutAgenda September 5, 2017 CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL GA141"'131 MAYOR WILLIAM D.SESSOMS,JR.,At-Large 10icy VICE MAYOR LOUIS R.JONES,Bayside-District9 ��4�;;:._ %� JESSICA P.ABBOTT,Kempsville-District 2 O M.BENJAMIN DAVENPORT,At Large 15 ROBERT M.DYER,Centerville-District 1 U .1 BARBARA M.HENLEY,Princess Anne District 7 a i a .; SHANNON DS KANE,Rose Hall District 3 4 f+ JOHN D.MOSS,At Large e ' is° JOHN E.UHRIN,Beach District 6 4 .0,°s ROSEMARY WILSON,At-Large JAMES L. WOOD,Lvnnhaven-District 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER DAVID L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR JERALD D.BANAGAN FAX(757)385-5669 CITY AUDITOR- LYNDON S.REMIAS E-MAIL:Ctvcncl@vbgov.com CITY CLERK RUTH HODGES FRASER,MMC September 5, 2017 MAYOR WILLIAM D. SESSOMS, JR. PRESIDING I. CITY COUNCIL BRIEFING - Conference Room- 2:30 PM 1. NAS OCEANA STRIKE FIGHTER TRANSITION and ANNUAL REPORT—ENVIRONMENTAL ASSESSMENT Captain Rich J. Meadows, Commanding Officer—Naval Air Station Oceana II. CITY MANAGER BRIEFINGS 1. 2018 LEGISLATIVE PACKAGE Robert Matthias, Assistant to the City Manager—Intergovernmental Affairs 2. PRINCESS ANNE PLAZA, WINDSOR WOODS and THE LAKES DRAINAGE AREA John E. Fowler, P.E., City Engineer—Public Works Tonia Alger, P.E. —Public Works Fred Muncy, P.E. —Michael Baker International 3. SOUTHEASTERN PUBLIC SERVICES AUTHORITY (SPSA) Phillip A. Davenport, Director—Public Works 4. CAVALIER SHORES RESIDENTIAL PARKING PERMIT PROGRAM Ronald H. Williams, Jr., Deputy City Manager Rob Fries, CAPP, Parking Manager—Resort Management III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room- 4:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Fred Poteet Associate Rector, Old Donation Episcopal 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 15, 2017 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARING 1. NONEXCLUSIVE FRANCHISE USE a. Intellifiber Networks, LLC b. Cellco Partnership d/b/a Verizon Wireless I. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code Sections: a. 21-353 and 21-354 re Cavalier Shores Neighborhood pertaining to Residential Permit Parking b. 28-28, 28-29 and 28-30 re Sewer and Sewage Disposal pertaining to the payment due date for Sewage Disposal and 37-53 and 37-55 re Water Supply pertaining to the payment due date water usage 2. Resolution to AUTHORIZE a contract between the Virginia Beach Community Services Board and the Commonwealth of Virginia 3. Resolution to SUPPORT the Adopt-a-Drain Program to maintain management of stormwater 4. Ordinances to GRANT a Nonexclusive Franchise to install, maintain and operate Telecommunications facilities in the public streets and rights-of way to: a. Cellco Partnership d/b/a Verizon Wireless b. Intellifiber Newtworks, LLC 5. Resolution to APPOINT Joseph M. Kurt as Assistant City Attorney effective September 14, 2017. 6. Ordinance to AUTHORIZE an application of 5073 Virginia Beach Boulevard, LLC for the closure of a portion of Euclid Road to increase the display area and perimeter landscaping for vehicles DISTRICT 4—BAYSIDE 7. Ordinances to AUTHORIZE temporary encroachments into portions of City property: a. Bass Inlet-East for Joy M. Gianvittorio and Richard G. McClelland re a pier at 2812 Bluebill Drive DISTRICT— 7 PRINCESS ANNE b. Black Duck Inlet for Marshall H. Groom,Jr. re a marginal wharf at 305 Back Bay Crescent DISTRICT— 7 PRINCESS ANNE c. Lake Holly by Lake Holly East, a Condominium, on behalf of Unit and Owners' Association re a bulkhead and pier DISTRICT—6 BEACH d. Lake Holly for Lewis Schein and Sandra Harvey re a floating pier at 312 Arctic Crescent DISTRICT—6 BEACH e. Lake Rudee for Carter M. Turpin, Jr., and Casbar Holdings, LLC re maintain existing facilities and constructing wood piles and a floating deck with a boat lift at 227 Mediterranean and 600 Goldsboro Avenues DISTRICT—6 BEACH 8. Ordinance to ESTABLISH a new Capital Improvement Project; and, APPROPRIATE and TRANSFER funds: a. Traffic Safety Improvement IV $334,527 (appropriate) b. Cape Henry Lighthouse Restoration II $362,800 (appropriate) c. Fox Fire Trail Pedestrian Bridge $775,235 (appropriate) d. City Bikeways and Trails Plan Implementation $348,295 (transfer to Fox Fire Trail) 9. Ordinances to ACCEPT and APPROPRIATE: a. $ 28,584 to the Fire Department for Hazmat Team equipment b. $ 50,000 to the Fire Department for Tactical Rescue Team equipment c. $ 202,868 from the Virginia Department of Behavioral Health and Developmental Services to the Department of Human Services to expand in their permanent Supportive Housing Program d. $ 12,852 from Virginia Department of Health Training Grant to Emergency Medical Services (EMS) e. $3,485,396 CARRY FORWARD from FY 2016-17 to FY 2017-18 in various Departments for previously approved operations f. $ 49,637 of the Francis Land House Trust Fund to the Department of Aquarium and Museums and AUTHORIZE a DONATION of$49,637 to the Friends of Historic Houses of Virginia Beach. J. PLANNING 1. CLARENCE E. and DORIS V BRYAN and CINDY FELDMAN for a Variance to Section 4.4 (b) of the Subdivision Regulations re lot width at 3388 Eagle Nest Point DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 2. OCEAN BAY HOMES, INC. and PATRICIA A. MARTINO, TRUSTEE OF THE PATRICIA A. MARTINO LIVING TRUST for a Variance to Section 4.4 (b) of the Subdivision Regulations re non-conforming single family dwellings at 2422 Baltic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. 5073 VIRGINIA BEACH BLVD for Modification of Conditions re a sign for Motor Vehicle Sales at 5073 Virginia Beach Boulevard (approved on December 2, 2008) DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 4. NEW MILLENNIUM SENIOR LIVING COMMUNITIES, LLC, et al. for Modification of Conditions re expansion of Housing for Seniors and Disabled Persons at 4225 and 4141 Shore Drive (approved on July 9, 1996) DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 5. OUTDOOR RESORTS OF VIRGINIA BEACH CONDOMINIUM ASSOCIATION, INC. for a Modification of Conditions re vehicle length for a Recreational Resort Community at 3665 South Sandpiper Road (approved on August 14, 2015) DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 6. FREEDOM PROPERTIES VB, LLC for a Conditional Change of Zoning from R-15 Residential to Conditional 0-2 Office at the Northern side of Wolfsnare Road and First Colonial Road (Denied 1981,1983 and 1991) DISTRICT 5—LYNNHAVEN RECOMMENDATION: STAFF—DENIAL PLANNING COMMISSION—DENIAL 7. MERNA HOLDINGS, LLC and ALLEN D. and PATRICIA A. YOUNG for a Conditional Change of Zoning from R-7.5 Residential to Conditional 0-1 Office at 656 Alberthas Drive DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 8. FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, LLC and VIRGINIA WESLEYAN COLLEGE for a Conditional Change of Zoning from R-15 Residential to Conditional A-24 Apartment at 5900 Wesleyan Drive DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 9. SACRED DAGGERS, LLC and GIBSON ENTERPRISES, LLC for a Conditional Use Permit re a Tattoo Parlor at 3972 Holland Road DISTRICT 3—ROSE HALL RECOMMENDATION: APPROVAL K. APPOINTMENTS AGRICULTURE ADVISORY COMMITTEE BEACHES and WATERWAYS ADVISORY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE HOUSING ADVISORY BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE (MEDAC) PARKS and RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION STORMWATER APPEALS BOARD TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at(757)385-4303 ************************ ( it ( 'Mind/ ,A1id 'II car l cireat c}1i c; rrsl)(.5r % . 2017 Economic 14\ 0011nm-1i '()uter-drecc l (((i1H l oy\ n 'csi(tcr \\ ( t`1 iu .\ f( )da • 8:00 to 8:30 am Continental Breakfast • 8:30 to 9:30 am Lyle's Perspective on Cities in the 21St Century • 9:30 to 12:00 noon City Council and Manager's Staff Discussion on Initiatives • Noon to 12:30pm Lunch • 12:30 pm to 3:30 City Council and Manager's Staff Discussion on Initiatives /jag MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL BRIEFING - Conference Room- 2:30 PM 1. NAS OCEANA STRIKE FIGHTER TRANSITION and ANNUAL REPORT—ENVIRONMENTAL ASSESSMENT Captain Rich J. Meadows, Commanding Officer—Naval Air Station Oceana II. CITY MANAGER BRIEFINGS 1. 2018 LEGISLATIVE PACKAGE Robert Matthias, Assistant to the City Manager—Intergovernmental Affairs 2. PRINCESS ANNE PLAZA, WINDSOR WOODS and THE LAKES DRAINAGE AREA John E. Fowler, P.E., City Engineer—Public Works Tonia Alger, P.E. —Public Works Fred Muncy, P.E. —Michael Baker International 3. SOUTHEASTERN PUBLIC SERVICES AUTHORITY (SPSA) Phillip A. Davenport, Director—Public Works 4. CAVALIER SHORES RESIDENTIAL PARKING PERMIT PROGRAM Ronald H. Williams, Jr., Deputy City Manager Rob Fries, CAPP, Parking Manager—Resort Management III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room- 4:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Fred Poteet Associate Rector, Old Donation Episcopal 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 15, 2017 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARING 1. NONEXCLUSIVE FRANCHISE USE a. Intellifiber Networks, LLC b. Cellco Partnership d/b/a Verizon Wireless M5 jv >J F J NOTICE OF PUBLIC HEARING On September 5,2017,at 6:00 p.m., in the Council Chambers of the City Hall Building, 2401 Courthouse Dr., Virginia Beach, Virginia, the Virginia Beach City Council will hold a public hearing concerning the request of Intellifiber Networks, LLC, having its principal office at 4001 Rodney Parham Road,Little Rock,Arkansas,to be granted a nonexclusive franchise to use and occupy the City's streets and public rights-of-way for the purposes of constructing, installing, and maintaining network facilities for telecommunications services within the City. At the conclusion of the public hearing, the City Council will vote to approve or deny the proposed nonexclusive franchise. Further information,including a copy of the proposed franchise and route map, may be obtained by calling the Information Technology Department at 385-8922. If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 757385-4303; Hearing impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). All interested parties are invite. o attend. Ruth Hodge. '':er,MMC City Clerk Beacon: Sunday,August 27,2017 NOTICE OF PUBLIC HEARING On September 5,2017,at 6:00 p.m.,in the Council Chambers of the City Hall Building,2401 Courthouse Dr.,Virginia Beach,Virginia,the Virginia Beach City Council will hold a public hearing concerning the request of Cellco Partnership d/b/a Verizon Wireless, having its principal office at One Verizon Way,Mail Stop 4AW100,Basking Ridge, NJ 07920,to be granted a nonexclusive franchise to use and occupy the City's streets and public rights-of-way for the purposes of constructing,installing,and maintaining wireless communications facilities and infrastructure. At the conclusion of the public hearing, the City Council will vote to approve or deny the proposed nonexclusive franchise. Further information,including a copy of the proposed may be obtained by calling the Department of Information Technology at 385-8922. If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 757-385-4303; Hearing impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). All interested parties are invited to attend. I � Ruth Ho. - : er,MMC City Clerk Beacon: Sunday,August 27,2017 I. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code Sections: a. 21-353 and 21-354 re Cavalier Shores Neighborhood pertaining to Residential Permit Parking b. 28-28,28-29 and 28-30 re Sewer and Sewage Disposal pertaining to the payment due date for Sewage Disposal and 37-53 and 37-55 re Water Supply pertaining to the payment due date water usage 2. Resolution to AUTHORIZE a contract between the Virginia Beach Community Services Board and the Commonwealth of Virginia 3. Resolution to SUPPORT the Adopt-a-Drain Program to maintain management of stormwater 4. Ordinances to GRANT a Nonexclusive Franchise to install,maintain and operate Telecommunications facilities in the public streets and rights-of way to: a. Cellco Partnership d/b/a Verizon Wireless b. Intellifiber Newtworks,LLC 5. Resolution to APPOINT Joseph M.Kurt as Assistant City Attorney effective September 14,2017. 6. Ordinance to AUTHORIZE an application of 5073 Virginia Beach Boulevard,LLC for the closure of a portion of Euclid Road to increase the display area and perimeter landscaping for vehicles DISTRICT 4—BAYSIDE 7. Ordinances to AUTHORIZE temporary encroachments into portions of City property: a. Bass Inlet-East for Joy M.Gianvittorio and Richard G.McClelland re a pier at 2812 Bluebill Drive DISTRICT—7 PRINCESS ANNE b. Black Duck Inlet for Marshall H.Groom,Jr.re a marginal wharf at 305 Back Bay Crescent DISTRICT—7 PRINCESS ANNE c. Lake Holly by Lake Holly East,a Condominium,on behalf of Unit and Owners' Association re a bulkhead and pier DISTRICT—6 BEACH d. Lake Holly for Lewis Schein and Sandra Harvey re a floating pier at 312 Arctic Crescent DISTRICT—6 BEACH e. Lake Rudee for Carter M.Turpin,Jr.,and Casbar Holdings,LLC re maintain existing facilities and constructing wood piles and a floating deck with a boat lift at 227 Mediterranean and 600 Goldsboro Avenues DISTRICT—6 BEACH 8. Ordinance to ESTABLISH a new Capital Improvement Project;and,APPROPRIATE and TRANSFER funds: a. Traffic Safety Improvement IV $334,527(appropriate) b. Cape Henry Lighthouse Restoration II $362,800(appropriate) c. Fox Fire Trail Pedestrian Bridge $775,235 (appropriate) d. City Bikeways and Trails Plan Implementation $348,295 (transfer to Fox Fire Trail) 9. Ordinances to ACCEPT and APPROPRIATE: a. $ 28,584 to the Fire Department for Hazmat Team equipment b. $ 50,000 to the Fire Department for Tactical Rescue Team equipment c. $ 202,868 from the Virginia Department of Behavioral Health and Developmental Services to the Department of Human Services to expand in their permanent Supportive Housing Program d. $ 12,852 from Virginia Department of Health Training Grant to Emergency Medical Services (EMS) e. $3,485,396 CARRY FORWARD from FY 2016-17 to FY 2017-18 in various Departments for previously approved operations f. $ 49,637 of the Francis Land House Trust Fund to the Department of Aquarium and Museums and AUTHORIZE a DONATION of$49,637 to the Friends of Historic Houses of Virginia Beach c (0.,;:Nu ems; f-'•. S1 4' CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Amend Sections 21-353 and -354 of the City Code Pertaining to Residential Permit Parking in the Cavalier Shores Neighborhood MEETING DATE: September 5, 2017 • Background: In 2005, City Council enacted the Residential Parking Permit program in order to reduce nighttime traffic congestion within residential neighborhoods; reduce hazardous traffic conditions during nighttime hours by persons attempting to avoid use of nearby city meter-regulated parking; protect residents form unreasonable noise and disturbance during nighttime hours; protect residents from unreasonable burdens in gaining access to their residences; and preserve and protect the peace, good order, convenience and character of residential neighborhoods located in close proximity to commercial areas of the City. Residents of such neighborhoods may submit a petition requesting that the City include their neighborhood in the program. • Considerations: Residents of the Cavalier Shores Neighborhood have submitted a petition to the City seeking inclusion of their neighborhood in the program, but they have requested two changes to the program with respect to their neighborhood: (1) that enforcement begin at 5 p.m. instead of 8 p.m.; and (2) that employee parking permits not be authorized for their neighborhood. This ordinance would authorize those two modifications to the program for that neighborhood. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance. Requested by Vice Mayor Jones and Councilmember Wood REQUESTED BY VICE MAYOR JONES AND COUNCILMEMBER WOOD 1 AN ORDINANCE TO AMEND SECTIONS 21-353 AND -354 2 OF THE CITY CODE PERTAINING TO RESIDENTIAL 3 PERMIT PARKING IN THE CAVALIER SHORES 4 NEIGHBORHOOD 5 6 SECTIONS AMENDED: § 21-353 and -354 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Sections 21-353 and -354 of the Code of the City of Virginia Beach, Virginia, 12 are hereby amended and reordained to read as follows: 13 14 Sec. 21-353. - Parking restrictions. 15 16 (a) In any area designated as a residential permit parking area, it shall be unlawful for 17 any person to park or otherwise leave unattended any all-terrain vehicle, bicycle, 18 electric personal assistive mobility device, electric power-assisted bicycle, electric- 19 powered wheeled device, gas-powered wheeled device, low-speed vehicle, moped 20 or similar wheeled device on the street. 21 (b) In any area designated as a residential permit parking area, it shall be unlawful for 22 any person to park any motor vehicle on the street between the hours of 8:00 p.m. 23 and 6:00 a.m. unless there is affixed to the driver's side exterior surface of the 24 windshield of such motor vehicle a valid residential parking permit; provided, 25 however, that the provisions of this Section shall not apply to emergency or 26 governmental vehicles, to delivery or service vehicles while engaged in such 27 delivery or service, or to vehicles displaying a valid guest pass plainly visible from 28 the exterior of the vehicle. 29 (c) Notwithstanding the enforcement hours set forth in subsection (b) to the contrary, 30 the hours of enforcement for the Cavalier Shores Neighborhood shall be between 31 the hours of 5:00 p.m. and 6:00 a.m. For purposes of this article, "Cavalier Shores 32 Neighborhood" refers to all on-street parking on the south side of 45th Street; the 33 alley between 45th Street and 44th Street; both sides of 44th, 43rd 1/2, 43rd, and 34 42nd 1/2 Streets; the north side of 42nd Street; the alley that runs parallel to the west 35 side of Atlantic Avenue from Cavalier Drive to 45th Street; and the north side of 36 Cavalier Drive between Holly Road and Ocean Front Avenue. 37 38 Sec. 21-354. - Permits generally. 39 40 (a) Following the designation of a residential permit parking area by the City Manager 41 or his designee, the City Treasurer or city's parking management office shall issue 42 annual residential parking permits for the area so designated. One (1) permit shall 43 be issued, upon application and payment of the prescribed fee, if applicable, for 44 each motor vehicle owned by a person residing on a street within the residential 45 permit parking area, or on a street within a residential area that is contiguous to the 46 residential permit parking area as specified in subsection (b). 47 (b) An applicant for a permit shall present his motor vehicle registration and operator's 48 license with the application. No permit shall be issued in the event either the 49 registration or operator's license shows an address not within a designated 50 residential permit parking area, unless the applicant demonstrates to the 51 satisfaction of the City Treasurer or city's parking management office that he is, in 52 fact, a resident of such area, or that he is a resident of a residential area which is 53 contiguous to a designated residential permit parking area and in which neither off- 54 street nor nonmeter-regulated on-street parking is available. Any applicant who is a 55 resident of such a contiguous residential area shall, upon receipt of a permit issued 56 hereunder, be permitted to park in the designated residential permit parking area. 57 Registered residential parking permit holders may obtain annual or temporary guest 58 passes by applying to either the city treasurer's office or the city's parking systems 59 management office. Temporary guest passes shall be issued and validated for up to 60 seventy-two (72) hours. 61 (c) Monthly business parking permits shall be issued by the city treasurer's office or the 62 city's parking systems management office to businesses licensed to operate in city 63 meter-regulated parking areas. A current valid business license must be presented 64 by the business owner or his designee to the city treasurer's office or to the city's 65 parking systems management office at the time a request is made for annual 66 business parking permits. The number of permits issued to a single business shall 67 be limited to the maximum number of employees required to work after 8:00 p.m. or, 68 in the case of a lodging facility, the number of rooms within such lodging facility that 69 do not have on-site parking, whichever is greater. Employees of businesses eligible 70 for parking permit passes under this Division may purchase employee parking 71 permit passes directly from the city treasurer's office or city's parking management 72 office after verification of employment with an eligible business. No permit, however, 73 shall be issued pursuant to this subsection for employee parking in the Cavalier 74 Shores Neighborhood. 75 (d) Permits issued pursuant to subsection (a) shall not be transferable, and may be 76 revoked in the event the City Treasurer determines that the owner of the vehicle for 77 which a permit has been issued no longer resides in the residential permit parking 78 area. Upon written notification of such revocation, the holder of the permit shall 79 surrender such permit to the City Treasurer. The willful failure to surrender such 80 permit shall be punishable by a fine in the amount of twenty-five dollars ($25.00). 81 (e) Permits issued pursuant to subsection (c) shall be transferable, and may be 82 revoked in the event the City Treasurer's office determines that the number of 83 permits exceeds the allowable number according to the criteria set forth in 84 subsection (c). 85 (f) A replacement permit shall be issued upon proof of loss, theft or damage of the 86 original permit, and payment of the replacement fee prescribed in Section 21-359. APPROVED AS TO LEGAL SUFFICIENCY: ( Deputy City Attorney RU9 olerick R. Ingram City Attorney's Office CA14067 R-1 August 25, 2017 si CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: 1) An Ordinance to Amend Sections 28-28, 28-29 and 28-30 of the City Code, Sewer and Sewage Disposal, pertaining to the Due Date for the Payment of Bills for Sewage Disposal 2) An Ordinance to Amend Sections 37-53 and 37-54 of the City Code, Water Supply, pertaining to the Due Date for the Payment of Bills for Water MEETING DATE: September 5, 2017 • Background: The Department of Public Utilities recently began reading meters and billing the City Services Bill on a monthly basis. As such, the current 30-day "due and payable" date included in the City Code, which was based on the prior bi-monthly billing cycle, no longer provides practicable terms for a payment due date. Under monthly billing, the meter reading and billing occurs every 28 to 32 days. Because customers have a full 30 days to pay, customers will frequently have subsequent bills showing a balance forward because the prior statement balance is not yet due or the payment has been drafted and has not yet posted to the account. This can even be the case with customers using the automatic recurring payment option setup through Public Utilities because the payment is drafted from the customer's bank account on the bill's due date. • Considerations: To address this situation, Public Utilities is proposing to change the "due and payable" date to 21 days from the bill date. This date would be in line with industry standards for other monthly utility bills and also aligns with the due date period used by Hampton Roads Sanitation District (HRSD) for wastewater treatment services. For customers paying in full on time and using the automatic recurring payment option, this change would allow the payment to be received and posted prior to generating the next bill. Shortening the due date will have no impact to the schedule by which a customer is assessed the $1.50 late fee or when they are delinquent and eligible for service disconnection. Modifications were also done to bring the Code sections up to date to provide for monthly billing, to include waste collection in the monthly bill, and to make the disconnection date the same for both water and sewer charges. • Public Information: Public Information will be handled through the normal Council Agenda Process, as well as through normal customer communication channels such as bill stuffers, bill messages, website updates, and social media. • Alternative: Maintaining the status quo will continue to cause confusion from customers due to the overlapping bill periods and generate questions regarding the balance forward. • Recommendations: Adopt the ordinances provided to establish a due date of twenty-one (21) days from the date of the bill. • Attachments: Ordinances (2) Recommended Action: Approval 1S\ Submitting Departmen�pgency: Public Utilities' City Manager: 1 AN ORDINANCE TO AMEND SECTIONS 28- 2 28, 28-29 AND 28-30 OF THE CITY CODE, 3 SEWER AND SEWAGE DISPOSAL, 4 PERTAINING TO THE DUE DATE FOR THE 5 PAYMENT OF BILLS FOR SEWAGE 6 DISPOSAL 7 8 Sections Amended: §§ 28-28, 28-29 and 28-30 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Sections 28-28, 28-29 and 28-30 of the City Code are hereby amended and 14 reordained to read as follows: 15 16 Sec. 28-28. - Billing. 17 18 (a) The director of public utilities is hereby authorized to bill each customer, for 19 charges due the city under this article, no less frequently than on a bimonthly basis. If 20 the customer also receives water service from the city, charges provided for by this 21 article may be included in the bill, along with waste collection and stormwater 22 management charges levied pursuant to Chapter 32.5; provided that all charges shall 23 be separately stated. The combined bill shall be issued for one (1) total amount. The 24 director of public utilities is hereby authorized and directed to create policies and 25 procedures for the efficient billing and collection of the combined bill, including a policy 26 for allocating payments to the separate charges stated on the combined bill. 27 28 . . . . 29 30 Sec. 28-29. - When due and payable; notice of and interest on delinquency. 31 32 All bills for charges prescribed by this article shall be due and payable thi#y-( 8) 33 twenty-one (21) days from the date of the bill, and shall be deemed delinquent if not 34 paid in full within such time. A notice of such delinquency shall be mailed to the owner 35 or occupant of the premises, directing such owner or occupant to show cause why the 36 premises should not cease discharging sewage or waste, directly or indirectly, into the 37 public sewer system. 38 39 Sec. 28-30. - Discontinuing service and assessing penalty for failure to pay. 40 41 (a) If, within two (2) months of the date of a bill therefor ninety (90) days past the bill 42 due date, all charges provided for in this article are not paid, the water supply to the 43 premises, if furnished by the city, shall be disconnected pursuant to section 15.2-2119 44 of the Code of Virginia, and such charges shall become a lien against the property, 45 ranking on a parity with liens for unpaid taxes, and shall be collected as provided by 46 section 15.2-2119 of the Code of Virginia. If water service is so disconnected, 47 arrearages and a delinquent service fee shall be paid in accordance with section 37-54 48 of this Code. 49 50 . . . . Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Public Utilities , City Attorn y's Office CA14121 R-2 August 29, 2017 2 1 AN ORDINANCE TO AMEND SECTIONS 37- 2 53 AND 37-54 OF THE CITY CODE, WATER 3 SUPPLY, PERTAINING TO THE DUE DATE 4 FOR THE PAYMENT OF BILLS FOR WATER 5 6 Sections Amended: §§ 37-53 and 37-54 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Sections 37-53 and 37-54 of the City Code are hereby amended and 12 reordained to read as follows: 13 14 Sec. 37-53. - Frequency of billing; sewer, waste collection and stormwater 15 charges may be included. 16 17 (a) The director of public utilities shall bill all customers no le&c frequently than 18 b-lmenth-ly, in accordance with their location in the city, for water service rendered. 19 20 (b) The director of public utilities is authorized to send one (1) bill for water usage 21 and meter maintenance charges, along with charges for sewer system maintenance, to 22 those customers who are provided with both services, along with waste collection and 23 stormwater management charges levied pursuant to Chapter 32.5; provided, however, 24 that all charges shall be separately stated. The combined bill shall be issued for one (1) 25 total amount. The director of public utilities is hereby authorized and directed to create 26 policies and procedures for the efficient billing and collection of the combined bill, 27 including a policy for allocating payments to the separate charges stated on the 28 combined bill. 29 30 Sec. 37-54. -When due and payable; delinquency. 31 32 (a) All bills for charges prescribed by this article shall be due and payable within 33 thirty (30) twenty-one (21) days from the date of the bill, and shall be deemed 34 delinquent if not paid in full within such time. A late fee of one dollar and fifty cents 35 ($1.50) will be charged to accounts for a bill that is not paid within thirty (30) days from 36 the date of the bill on or before the due date. The department of public utilities shall 37 notify the customer, in writing, of such delinquency, and shall direct the customer to 38 show cause, within fifteen (15) days, why his water service should not be discontinued. 39 40 (b) Failure to receive a bill for charges prescribed by this article shall not prevent the 41 discontinuance of service in accord with the provisions of this section. 42 43 (c) If, within forty five (45) ninety (90) days of the date of a bill past the bill due date, 44 all charges and interest provided for in this article are not paid, a twenty dollar ($20.00) 45 delinquent service fee shall be applied to the account and the water supply to the 46 premises shall be disconnected. 47 48 (d) When water service is discontinued pursuant to this section, water shall not again 49 be turned on until all arrearages and charges have been paid, including the late fee and 50 the delinquent service fee of twenty dollars ($20.00), and other penalties and fees, if the 51 premises are occupied by the same customer who incurred the bill; provided, that any 52 customer delinquent or in arrears shall settle all past indebtedness, wherever incurred, 53 before again being served city water. 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: Public Utilities • City Attain 's Office CA14122 R-2 August 28, 2017 2 ae. ' " CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Approving a Contract between the Virginia Beach Community Services Board and the Commonwealth MEETING DATE: September 5, 2017 • Background: Annually, the Commonwealth of Virginia, through its Department of Behavioral Health and Developmental Services, provides funding for mental health, developmental, and substance abuse services through a performance contract with local Community Services Boards (CSB) and Behavioral Health Authorities. This contract requires localities to match a minimum of 10% of the total amount of state and local funds. The contract specifies the services to be provided by the CSB and the costs of those services. It includes all revenues used to support the services. It lists state and federal statutory and regulatory requirements applicable to the CSB, and it contains outcome and performance measures for the CSB. • Considerations: The contract provides a substantial amount of funding needed to maintain important CSB services. This funding has previously been appropriated in the FY 2017-18 Operating Budget of the Department of Human Services. The funding sources supporting the $58,704,326 contract consist of $26,443,048 in fee revenue, $17,804,220 in City General Fund support (local match), $11,702,717 in current year state revenue, $2,063,576 in federal revenue, and $690,765 in revenue from other sources. This plan was approved by the CSB at a meeting on August 17, 2017. State law provides the contract will be deemed approved or renewed if the governing body does not approve the proposed contract by September 30 of each year. • Public Information: This item will be advertised as part of the normal Council agenda process. As required by law, the performance contract was made available for public comment for a period of 30 days. • Recommendations: Adopt the attached Resolution • Attachments: Resolution; and Performance Contract Summary (Exhibit A) Recommended Action: Approval c)\ Submitting Department/Agency: Human Service City Manager: \ ,____,:k_\_.\1/4_, - 1 A RESOLUTION APPROVING A CONTRACT BETWEEN 2 THE VIRGINIA BEACH COMMUNITY SERVICES BOARD 3 AND THE COMMONWEALTH 4 5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That the City Council hereby approves Fiscal Year 2017-18 Performance Contract 9 between the City of Virginia Beach Community Services Board and the Virginia 10 Department of Behavioral Health and Developmental Services (a summary of which is 11 attached in Exhibit A), which provides state-controlled performance contract funding to 12 the Community Services Board. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Dana Harmeyer Budget & Management Services City Attorney's Office CA14128 R-1 August 23, 2017 FY 2018 Community Services Performance Contract FY 2018 Exhibit A: Resources and Services Virginia Beach Community Services Board Consolidated Budget(Pages AF-3 through AF-8) Funding Sources Mental Health Developmental Substance TOTAL Services Services Abuse Services State Funds —_ 8,649,528 838,064 2,223,622 11,711,214 Local Matching Funds 9,763,696 8,001,645 38,879 17,804,220 Total Fees 6,310,528 19,761,091 371,429 26,443,048 Transfer Fees In/(Out) 0 0 0 0 Federal Funds 305,732 0 1,757,844 2,063,576 Other Funds 313,700 323,000 54,065 690,765 State Retained Earnings 0 0 0 0 Federal Retained Earnings 0 0 0 Other Retained Earnings 0 0 0 0 Subtotal Ongoing Funds 25,343,184 28,923,800 4,445,839 58,712,823 State Funds One-Time 0 1 0 0 Federal Funds One-Time 0 `.• ' 0 0 Subtotal One-Time Funds 0 0 0 0 TOTAL ALL FUNDS 25,343,184 28,923,800 4,445,839 58,712,823 Cost for MH/DV/SA Services 24,484,361 28,527,283 2,797,809 55,809,453 �____ Cost for Emergency Services(AP-4) 2,149,078 Cost for Ancillary Services (AP-4) 754,292 Total 58,712,823 Local Match Computation _ CSB Administrative Expenses Total State Funds 11,711,214 Total Admin. Expenses 6,693,470 Total Local Matching Funds 17,804,220 Total Expenses 58,712,823 Total State and Local Funds 29,515,434 Administrative Percent 11.40% Total Local Match% 60.32% (Local1Total State+ Local) Report Date 8/17/2017 AF-1 FY2018 Community Services Performance Contract Exhibit A: Resources and Services Virginia Beach Community Services Board Financial Comments !Commend IMH Other Federal-CSB=$46,570 USDA Comment2 MH Other Funds$313,700=$202,868 Additional FY 2018 MH Permanent Supportive Comment3 Housing+$104,468 Anticipated PATH mid-year award+$6,364 Beach House Comment4 Snack Bar receipts Comments DV Other Funds=$323,000 Department of Aging and Rehabilitative Services(DARS) Comment6 SA Federal OPT-R=$15,625 Prevention(Award$25,000-$9,375 received FY 2017) COntment7 SA Other Federal-CSB=$25,000 Health Department HIV Comments SA Other Funds=$54,065 SAIP Comment9 SERVICES NOTE: —i- Commentl0 Seven clients have DAP plans that include psycotropic medications so we Commend] anticipate serving seven individuals with MH Pharmacy funds Commentl2 Commentl3 Commentl4 ------ ----.------- Commentl5 Commentl6 Commentl 7 Commentl8 Commentl9 Comment20 Comment2l Comment22 Comment23 Comment24 - `-- --^--T------- Comment25 1 Report Date 8/17/2017 AF-2 FY 2018 Community Services Performance Contract Financial Summary Exhibit A:Resources and Services Mental Health(MH)Services Virginia Beach Community Services Board Funding Sources Funds FEES MH Medicaid Fees 4,297,754 MH Fees:Other 2,012,774 Total MH Fees 6,310,528 MH Transfer Fees In/(Out) MH Net Fees 6,310,528 FEDERAL FUNDS MH FBG SED Child&Adolescent(93.958) 221,924 MN FBG Young Adult SMI(93.958) 0 MN FBG SMI(93.958) 14,757 - MN FBG SMI PAC-(93.958) 0 MH FBG SMI SWVBH Board (93.958) 0 Total MH FBG SMI Funds 14,757 MN FBG Geriatrics(93.958) 0 MH FBG Peer Services (93.958) 0 Total MH FBG Adult Funds 14,757 MH Federal PATH(93.150) 22,481 MH Federal CABHI(93.243) MH Federal Pm-Trial Diversion Initiative(16.745) 0 MH Other Federal-DBHDS 0 MH Other Federal-CSB 46,570 Total MH Federal Funds 305,732 STATE FUNDS Regional Funds MH Acute Care(Fiscal Agent) 0 MH Acute Care Transfer In/(Out) 0 MH Net Acute Care-Restricted 0 MH Regional DAP(Fiscal Agent) 0 MH Regional DAP Transfer In/(Out) 0 MH Net Regional DAP-Restricted 0 MH Regional Residential DAP-Restricted 0 MH Crisis Stabilization(Fiscal Agent) 0 MH Crisis Stabilization-Transfer In/(Out) 794,934 Total Net MN Crisis Stabilization-Restricted 794,934 Report Date 8/17/2017 AF-3 FY 2018 Community Services Performance Contract Financial Summary Exhibit A: Resources and Services Mental Health(MH)Services Virginia Beach Community Services Board Funding Sources Funds MH Recovery(Fiscal Agent) 0 MH Other Merged Regional Funds(Fiscal Agent) 1,468,833 MN Total Regional Transfer In/(Out) 0 Total MH Net Unrestricted Regional State Funds 1,468,833 Total MH Net Regional State Funds 2,263,767 Children State Funds MH Child&Adolescent Services Initiative 338,661 MH Children's Outpatient 75,000 Total MH Restricted Children's Funds 413,661 MH State Children's Services 25,000 MH Juvenile Detention 111,724 MH Demo Proj-System of Care(Child) 0 Total MH Unrestricted Children's Funds 136,724 MH Crisis Response&Child Psychiatry(Fiscal Agent) 0 MH Crisis Response&Child Psychiatry Transfer In/(Out) 119,369 Total MH Net Restricted Crisis Response&Child Psychiatry 119,369 Total State MH Children's Funds(Restricted for Children) 669,754 Other State Funds MH Law Reform 397,790 MH Pharmacy-Medication Supports 29,949 MH Jail Diversion Services 241,670 MH Docket Pilot JMHCP Match 0 MH Adult Outpatient Competency Restoration Srvs 0 MH CIT-Assessment Sites 150,857 MH Expand Telepsychiatry Capacity 0 MH Young Adult SMI 0 MN PACT 850,000 MH PACT-Forensic Enhancement 200,000 MH PSH-CASH! 0 MH Permenant Supportive Housing(Non-CABHI) 714,300 MH STEP-VA 0 MH Expanded Community Capacity(Fiscal Agent) 0 MH Expanded Community Capacity Transfer In/(Out) 302,709 Total MH Net Expanded Community Capacity 302,709 MH First Aid and Suicide Prevention(Fiscal Agent) 0 MH First Aid and Suicide Prevention Transfer In/(Out) 0 Total MH Net First Aid and Suicide Prevention 0 Total MH Restricted Other State Funds 2,887,275 Report Date 8/17/2017 AF-4 FY 2018 Community Services Performance Contract Financial Summary Exhibit A: Resources and Services Mental Health(MH)Services Virginia Beach Community Services Board Funding Sources Funds MH State Funds 2,828,732 MH State Regional Deaf Services 0 MH State NGRI 0 MH Geriatrics Services 0 Total MH Unrestricted Other State Funds 2,828,732 Total MH Other State Funds 5,716,007 TOTAL MH STATE FUNDS 8,649,528 OTHER FUNDS MH Other Funds 313,700 MH Federal Retained Earnings 0 MH State Retained Earnings 0 MH State Retained Earnings-Regional Prog 0 MH Other Retained Earnings 0 Total MH Other Funds 313,700 LOCAL MATCHING FUNDS MH Local Government Appropriations 9,763,696 MH Philanthropic Cash Contributions 0 MH In-Kind Contributions 0 MH Local Interest Revenue 0 Total MH Local Matching Funds 9,763,696 Total MH Funds 25,343,184 MH ONE TIME FUNDS MH FBG SMI(93.958) 0 MH FBG SED Child&Adolescent(93.958) 0 MH FBG Peer Services (93.958) 0 MH State Funds 0 Total One Time MH Funds 0 Total MH All Funds 25,343,184 Report Date 8/17/2017 AF-5 FY 2018 Community Services Performance Contract Financial Summary Exhibit A:Resources and Services Developmental Services(DV) Virginia Beach Community Services Board Funding Sources Funds FEES DV Other Medicaid Fees 7,439,745 DV Medicaid ICF/ID 11,652,099 DV Fees:Other 669,247 Total DV Fees 19,761,091 DV Transfer Fees In/(Out) 0 DV NET FEES 19,761,091 FEDERAL FUNDS DV Other Federal-DBHDS 0 DV Other Federal-CSB 0 Total DV Federal Funds 0 STATE FUNDS DV State Funds 813,942 DV OBRA 24,122 Total DV Unrestricted State Funds 838,064 DV Rental Subsidies 0 DV Crisis Stabilization(Fiscal Agent) 0 DV Crisis Stabilization Transfer In(Out) 0 DV Net Crisis Stabilization 0 DV Crisis Stabilization-Children(Fiscal Agent) 0 DV Crisis Stabilization-Children Transfer In(Out) 0 DV Net Crisis Stabilization-Children 0 Total DV Restricted State Funds 0 Total DV State Funds 838,064 OTHER FUNDS DV Workshop Sales 0 DV Other Funds 323,000 DV State Retained Earnings 0 DV State Retained Earnings-Regional Prog 0 DV Other Retained Earnings 0 Total DV Other Funds 323,000 LOCAL MATCHING FUNDS DV Local Government Appropriations 8,001,645 DV Philanthropic Cash Contributions 0 DV In-Kind Contributions 0 DV Local Interest Revenue 0 Total DV Local Matching Funds 8,001,645 Total DV Funds 28,923,800 Report Date 8/17/2017 AF-6 FY 2018 Community Services Performance Contract Financial Summary Exhibit A: Resources and Services Substance Abuse(SA)Services Virginia Beach Community Services Board Funding Sources Funds FEES SA Medicaid Fees 338,500 SA Fees:Other 32,929 Total SA Fees 371,429 SA Transfer Fees In/(Out) 0 SA NET FEES 371,429 FEDERAL FUNDS SA FBG Alcohol/Drug Trmt(93.959) 985,968 SA FBG SARPOS(93.959) 65,231 SA FBG Jail Services (93.959) 165,147 SA FBG Co-Occurring(93.959) 34,574 SA FBG New Directions(93.959) 0 SA FBG Recovery(93.959) 0 SA FBG MAT-Medically Assisted Treatment(93.959) 0 Total SA FBG A/D Trmt Funds 1,250,920 SA FBG Women(includes LINK at 6 CSBs)(93.959) 187,279 SA FBG Prevention-Women(LINK)(93.959) 0 Total SA FBG Women 187,279 SA FBG Prevention(93.959) 279,020 SA FBG Prey-Family Wellness(93.959) 0 Total SA FBG Prevention 279,020 SA Federal CABHI(93.243) 0 SA Federal Strategic Prevention(93.243) 0 SA Federal OPT-R(93.788) 15,625 SA Other Federal-DBHDS 0 SA Other Federal-CSB 25,000 TOTAL SA FEDERAL FUNDS 1,757,844 STATE FUNDS Regional Funds SA Facility Reinvestment(Fiscal Agent) 0 SA Facility Reinvestment Transfer In/(Out) 476,036 SA Net Facility Reinvestment 476,036 Other State Funds SA Women(includes LINK at 4 CSBs)(Restricted) 1,800 SA Recovery Employment 0 SA MAT-Medically Assisted Treatment 0 SA Peer Support Recovery 0 Total SA Restricted Other State Funds 1,800 Report Date 8/17/2017 AF-7 FY 2018 Community Services Performance Contract Financial Summary Exhibit A: Resources and Services Substance Abuse(SA)Services Virginia Beach Community Services Board Funding Sources Funds SA State Funds 1,408,686 SA Region V Residential 131,215 SA Jail Services/Juv Detention 27,216 SA SARPOS 76,097 SA Recovery 0 SA HIV/AIDS 102,572 Total SA Unrestricted Other State Funds 1,745,786 Total SA Other State Funds 1,747,586 TOTAL SA STATE FUNDS 2,223,622 OTHER FUNDS SA Other Funds 54,065 SA Federal Retained Earnings 0 SA State Retained Earnings 0 SA State Retained Earnings-Regional Prog 0 SA Other Retained Earnings 0 Total SA Other Funds 54,065 LOCAL MATCHING FUNDS SA Local Government Appropriations 38,879 SA Philanthropic Cash Contributions 0 SA In-Kind Contributions 0 SA Local Interest Revenue 0 Total SA Local Matching Funds 38,879 Total SA Funds 4,445,839 SA ONE-TIME FUNDS SA FBG Alcohol/Drug Trmt(93.959) 0 SA FBG Women(includes UNK-6 CSBs)(93.959) 0 SA FBG Prevention(93.959) 0 SA State Funds 0 Total SA One-Time Funds o Total All SA Funds 4,445,839 -8 Report Date 8/17/2017 FY 2018 Community Services Performance Contract Local Government Tax Appropriations Virginia Beach Community Services Board City/County Tax Appropriation Virginia Beach City 17,804,220 Total Local Government Tax Funds: 17,804,220 Report Date 8/17/2017 AF-9 FY 2018 Community Services Performance Contract FY 2018 Exhibit A: Resources and Services Supplemental Information Reconciliation of Projected Revenues and Utilization Data Core Services Costs by Program Area Virginia Beach Community Services Board MH DV SA Emergency Ancillary Services Services Services Services Services Total Total All Funds(Page AF-1) 25,343,184 28,923,800 4,445,839 58,712,823 Cost for MH,DV,SA,Emergency, 24,484,361 28,527,283 2,797,809 2,149,078 754,292 58,712,823 and Ancillary Services(Page AF-1) Difference 858,823 396,517 1,648,030 -2,149,078 -754,292 0 Difference results from Other: Explanation of Other in Table Above: Report Date 8/17/2017 AF-10 FY 2018 Community Services Performance Contract FY 2018 Exhibit A: Resources and Services CSB 100 Mental Health Services Virginia Beach Community Services Board Report for Form 11 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 310 Outpatient Services 24.27 FTEs 2820 $7,122,031 350 Assertive Community Treatment 12.33 FTEs 78 $1,729,951 320 Case Management Services 52.38 FTEs 1592 $5,253,752 410 Day Treatment or Partial Hospitalization 60 Slots 210 $728,178 420 Ambulatory Crisis Stabilization Services 10 Slots 94 $326,471 425 Mental Health Rehabilitation 175 Slots 410 $2,441,108 460 Individual Supported Employment 3.95 FTEs 42 $342,607 510 Residential Crisis Stabilization Services 13 Beds 452 $3,064,773 551 Supervised Residential Services 35 Beds 35 $1,144,276 581 Supportive Residential Services 20.76 FTEs 240 $2,331,214 Totals 5,973 $24,484,361 Form 11A:Pharmacy Medication Supports Number of Consumers 803 Total Pharmacy Medication Supports Consumers 7 Report Date 8/17/2017 AP-1 FY 2018 Community Services Performance Contract FY 2018 Exhibit A: Resources and Services CSB 200 Developmental Services Virginia Beach Community Services Board Report for Form 21 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 310 Outpatient Services TT 4 FTEs 18 $442,912 320 Case Management Services 30 FTEs 901 $3,301,881 425 Developmental Habilitation 211 Slots 185 $4,207,995 465 Group Supported Employment 30 Slots 39 $796,381 460 Individual Supported Employment 7.05 FTEsT 199 $575,845 501 Highly Intensive Residential Services(Community-Based ICF/ID Services) 47 Beds 47 $12,715,940 521 Intensive Residential Services 25 Beds 25 $3,203,819 551 Supervised Residential Services 2 Beds 2 $207,412 581 Supportive Residential Services 42.5 FTEs 72 $3,075,098 Totals 1,488 $28,527,283 Report Date 8/17/2017 AP-2 FY 2018 Community Services Performance Contract FY 2018 Exhibit A: Resources and Services CSB 300 Substance Abuse Services Virginia Beach Community Services Board Report for Form 31 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs [310 Outpatient Services 5.09 FTEs 231 $810,247 320 Case Management Services 2.2 FTEs 63 $259,909 410 Day Treatment or Partial Hospitalization 5 Slots 43 $205,956 501 Highly Intensive Residential Services(Medically Managed Withdrawal Services) 4 Beds 98 $326,039 521 Intensive Residential Senrices 4 Beds 12 $178,300 581 Supportive Residential Services 2.38 FTEs 13 $176,994 610 Prevention Services ,— 9.63 FTEs l I $840,364 Totals 460 $2,797,809 Report Date 8/17/2017 AP-3 FY 2018 Community Services Performance Contract FY 2018 Exhibit A: Resources and Services CSB 400 Emergency and Ancillary Services Virginia Beach Community Services Board Report for Form 01 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 100 Emergency Services 15.28 FTEs 2683 $2,149,078 318 Motivational Treatment Services 1.4 FTEs 672 $226,391 390 Consumer Monitoring Services 3.75 FTEs 348 $398,306 720 Assessment and Evaluation Services 1 FTEs 681 $129,595 Totals 4,384 $2,903,370 Report Date 8/17/2017 AP-4 FY 2018 Community Services Performance Contract Table 1: Board of Directors Membership Characteristics Name of CSB: Virginia Beach Community Services Board Total Appointments: 16 Vacancies: 1 Filled Appointments: 15 Number of Individuals Who Previously Receives Services: 0 Number of Individuals Currently Receiving Services: 1 Number of Family Members: P 2 Report Date 8/17/2017 AP-5 O z E .. r• .... en en en •—. 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N N > . alw W > U > x x kr)g N e�O •t„ U > > U a1 q¢ ¢ = W U W W N > s+ I. as Q x x W ¢ c� 4 UQ �i �d M u Q Qi•1 rt ., (4 d Q — = c7 AWO Z W 4 ¢ U Eli w s°', -' ¢ aWaw a > xx ¢ � Q4 ¢ Aa � g � 5 > P4ZccW ¢ •t• A E , X44 , > 0c� ( � > > ¢ 7) 'L7 cu o U 4 W aO�G > A n4 c.W �1 A A 4 •- o ¢ �ZA " W > Waa ¢ W > . ,:,,, .0„ ,„. x a Q z �" A j x A 0 a . A ,:, E O b4 , Q , z�z p : x z Cl O U bD m W oa A g A H O 0 124 w m 000 A C0 w O F 0, ' 0 44 A 3 x d �C 1-1 .:1 �O C' en - ', o O - '.p O e-+ 8 ' N en O .0 M N O O , � N N 01 O1 M M N — N en en '.O '.D '.D in h .-+ N en N \D kn rr' 00 P61 W t. O 6e N E eet Z 00 z Q X z c4 a a, a H OU t > 9 Q C6 '-4 A tit C tu , 2 5 , ,..1 i:4 04 U W O 1 W a W ›. .eax ¢¢ ¢ Od QH d >� a >. , QQaU OW4Caa, C7x ,- C7 OE O FY 2018 Community Services Performance Contract Table 2: Board Management Salary Costs Name of CSB: Virginia Beach Community Services Board FY 2018 Table 2a: FY 2018 Salary Range Budgeted Tot. Tenure Management Position Title Beginning Ending Salary Cost (yrs) Executive Director $110,323.00 $169,374.00 $163,093.00 4.00 Table 2: lute rated Behavioral and Prima Health Care I uestions 1. Is the CSB participating in a partnership with a federally qualified health center,free clinic, or local health department to integrate the provision of behavioral health and primary health care? No 2. If yes,who is the partner? El a federally qualified health center Name: ❑ a free clinic Name: ❑ a local health department, or Name: El another organization Name: 3.Where is primary health(medical)care provided? ❑ on-site in a CSB program, ❑ on-site at the primary health care provider,or ❑ another site--specify: 4.Where is behavioral health care provided? El on-site in a CSB program, Li on-site at the primary health care provider,or ❑ another site—specify: Report Date 8/17/2017 AP-7 FY 2018 Community Services Performance Contract Virginia Beach Community Services Board Table 2: Board Management Salary Costs Explanations for Table 2a Table 2b: Community Service Board Employees 1. 2. 3. 4. 5. 6. 7. No.of FIE CSB Employees MH DEV SA EMER&ANC ADMIN TOTAL Consumer Service FTEs 177.72 337.14 23.70 20.43558.99 Peer Staff Service FTEs 4.00 0.00 0.00 1 00 - 5.00 Support Staff FTEs 48.85 43.34 4.04 11.21 87.44 194.88 TOTAL FTE CSB Employees 230.57 380.48 27.74 32.64 87.44 758.87 Report Date 8/17/2017 AP-8 PATRICIA ALSPAUGH GLACEY ANOL 1661 BAY POINT DRIVE 2397 FENWICK WAY VIRGINIA BEACH,VA 23454 VIRGINIA BEACH,VA 23453 KAY ASHBY PHILLIP BLACK 313 PICKEREL LANE 3216 GALLAHAD DRIVE VIRGINIA BEACH,VA 23456 VIRGINIA BEACH,VA 23456 LINDA BRIGHT CARROLLYN COX 605 THOMAS NELSIN DRIVE 600 QUEENSGROVE CRESCENT VIRGINIA BEACH,VA 23452 VIRGINIA BEACH,VA 23452 LUETILLA CUFFEE JOYCE HARVEY 6405 AUBURN DRIVE APT 337 5513 OLD PROVIDENCE ROAD VIRGINIA BEACH,VA 23464 VIRGINIA BEACH,VA 23464 GERALDINE HUNT MYRA JENNINGS 5461 ALBRIGHT DRIVE 1209 MERRIFIELD LANDING VIRGINIA BEACH,VA 23464 VIRGNIA BEACH,VA 23464 DIANE JONES YVONNE LEWIS 721 WOODSTOCK ROAD 3904 SOUTH PLAZA TRAIL VIRGINIA BEACH,VA 23464 VIRGINIA BEACH,VA 23452 ALLAN MARSDEN TONEY REEVES 2960 HERON RIDGE DRIVE 637 ABBEY DRIVE VIRGINIA BEACH,VA 23456 VIRGINIA BEACH,VA 23455 DIANA RUCHELMAN 533 HEATHER DRIVE VIRGINIA BEACH,VA 23462 .,..77:8„,, f�i �1.) .ff{j;:f v (mo w„. `.' 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Supporting the Adopt-A-Drain Program MEETING DATE: September 5, 2017 • Background: Recurrent residential flooding has had devastating effects on our City's residents, resulting in millions of dollars of damage to hundreds of homes, vehicles, personal property and cherished belongings. This damage highlights the need for a well-functioning stormwater management system. Stormwater drains are an essential part of any stormwater management system, and the City has thousands of drains that may become clogged with debris such as trash and leaves. Keeping stormwater drains free of debris helps prevent localized flooding in neighborhoods and also has the secondary benefit of protecting our waterways, fish and wildlife by preventing pollutants from entering streams, lakes and creeks. Building on the model of the successful Adopt-A-Highway program, many localities across the country have implemented an Adopt-A-Drain program whereby citizens can "adopt" a stormwater drain and pledge to help prevent localized flooding by keeping their adopted drain free of debris. • Considerations: The citizens of Virginia Beach care deeply about their neighbors and their neighborhoods and are willing to assist the City in keeping stormwater drains free of debris. City coordination of an Adopt-A-Drain program could greatly benefit all of the City's residents by enabling citizen volunteers to play an essential role in assisting the City in maintaining a well-functioning stormwater management system. The attached ordinance directs the City Manager to implement an Adopt-A-Drain program. • Public Information: Public information will be provided through the normal Council agenda process. • Attachment: Ordinance. Requested by Councilmember Abbott REQUESTED BY COUNCILMEMBER ABBOTT A RESOLUTION SUPPORTING THE ADOPT-A-DRAIN PROGRAM 1 WHEREAS, recurrent residential flooding has had devastating effects on our 2 City's residents, resulting in millions of dollars of damage to hundreds of homes, 3 vehicles, personal property and cherished belongings; 4 5 WHEREAS, this damage highlights the need for a well-functioning stormwater 6 management system; 7 8 WHEREAS, stormwater drains are an essential part of any stormwater 9 management system, and the City has thousands of drains that may become clogged 10 with debris such as trash and leaves; 11 12 WHEREAS, keeping stormwater drains free of debris helps prevent localized 13 flooding in neighborhoods and also has the secondary benefit of protecting our 14 waterways, fish and wildlife by preventing pollutants from entering streams, lakes and 15 creeks; 16 17 WHEREAS, the citizens of Virginia Beach care deeply about their neighbors and 18 their neighborhoods and are willing to assist the City in keeping stormwater drains free 19 of debris; 20 21 WHEREAS, building on the model of the successful Adopt-A-Highway program, 22 many localities across the country have implemented an Adopt-A-Drain program 23 whereby citizens can "adopt" a stormwater drain and pledge to help prevent localized 24 flooding by keeping their adopted drain free of debris; and 25 26 WHEREAS, City coordination of an Adopt-A-Drain program could greatly benefit 27 all of the City's residents by enabling citizen volunteers to play an essential role in 28 assisting the City in maintaining a well-functioning stormwater management system. 29 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 31 OF VIRGINIA BEACH: 32 33 That the City Council directs the City Manager to implement an Adopt-A-Drain 34 program. 35 36 BE IT FURTHER RESOLOVED: 37 38 That the City Council anticipates that any start-up costs for such a program can 39 be funded from current appropriations but authorizes the City Manager to bring back for 40 City Council consideration any necessary budget ordinance—such as a transfer of 41 funds—in order to successfully launch the program in the current fiscal year. Adopted by the Council of the City of Virginia Beach this day of , 2017. APPROVED AS TO LEGAL SUFFICIENCY: Deputy City Attorney Rederick R. Ingram City Attorney's Office CA 14106 R-2 August 25, 2017 I .r°O��`�`` ch. 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 Cellco Partnership d/b/a Verizon Wireless MEETING DATE: September 5, 2017 • Background: Cellco Partnership d/b/a Verizon Wireless ("Cellco"), a wireless communications 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 wireless communications facilities and infrastructure and to improve wireless communications 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 (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. Cellco has requested a non-exclusive franchise agreement that would allow it to attach to existing poles. 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 Cellco 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. • 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 27. The bids were opened at the August 15, 2017 City Council meeting, and since this bid was received just prior to the meeting, staff requested time to evaluate the bid. 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 Departure Information Technology zy2 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 5 AND RIGHTS-OF-WAY OF THE CITY OF VIRGINIA 6 BEACH TO CELLCO PARTNERSHIP d/b/a VERIZON 7 WIRELESS 8 9 WHEREAS, Cellco Partnership d/b/a Verizon Wireless, a Delaware general 10 partnership ("Cellco"), is a wireless communications provider with its principal office 11 located at One Verizon Way, Basking Ridge, NJ 07920; 12 13 WHEREAS, Cellco desires to use and occupy the City's streets and public rights- 14 of-way for the purpose of installing, maintaining and operating wireless communications 15 infrastructure to enhance and expand the current network facilities for wireless 16 communications within the City; and 17 18 WHEREAS, the City is agreeable to allowing Cellco 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 Cellco for an initial term of ten (10) years, with three (3) renewal options 28 of five (5) years each, pursuant to the requirements of Va. Code §56-484.30 and in 29 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. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Aerv1AI A INFORMATION ' 'OLOGY CITY ATTORNEY'S OFFICE CA14008 August 17, 2017 R-1 EXHIBIT A NONEXCLUSIVE FRANCHISE AGREEMENT SUMMARY OF TERMS Parties: City of Virginia Beach ("City") and Cellco Partnership d/b/a Verizon Wireless ("Cellco") Term: Initial term of ten (10) years, with three (3) options to renew for a term of five (5) years each. Fee: No fee allowed for co-locations on existing structures, pursuant to Va. Code §56-484.29.B. All pole attachments are subject to the applicable permitting fee. Location: Cellco will submit an individual application to the Planning Department, Permits & Inspections, for each pole or site attachment. Relocation: Cellco is solely responsible for paying cost of removal or relocation of its facilities if necessitated by a public project. Cellco must remove facilities upon termination or City may allow facilities to remain in place and take ownership. Installation: Cellco 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 , ,, AB 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 -1 1 Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes BoardException for (EDIP) - of Zoning — Boards I Encroachment Request I Rezoning Appeal1 Certificate of Floodplain Variance i Appropriateness - - - Street Closure j (Historic Review Board) Franchise Agreement , Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board �- l The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannin.,Commission and Cit, Council meetin that pertains to the a, plication(s Q APPLICANT NOTIFIED OF HEARING I DATE: I Q NO CHANGES AS OF 1 DATE: i fl REVISIONS SUBMITTED DATE: ' \liB Virginia Beach CCheck 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. (A) List the Applicant's name: See- A Ckc L1'5G-tosu re— S m 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 footnotes.' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 onlvf property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 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:__L_ If an LLC, list the member's names: Page 2 of 7 DISCLOSURE STATEMENT Cellco Partnership d/b/a Verizon Wireless One Verizon Way Basking Ridge,NJ 07920 Cellco Partnership d/b/a Verizon Wireless ("Cellco") is a general partnership formed under the laws of the State of Delaware. Cellco has three partners in total and is indirectly, wholly owned by Verizon Communications Inc. ("Verizon"). Verizon, a publicly traded company, has its principal place of business at 1095 Avenue of the Americas, New York, New York. The following is a listing of partners: Bell Atlantic Mobile Systems LLC, One Verizon Way, Basking Ridge, NJ 07920-1097 - a Delaware limited liability company with its principal place of business in New Jersey - whose sole member is MCI Communications Services, Inc., a Delaware corporation with its principal place of business in New Jersey GTE Wireless LLC, One Verizon Way, Basking Ridge, NJ 07920-1097 - a Delaware limited liability company with its principal place of business in New Jersey - whose sole member is GTE LLC, a Delaware limited liability company with is principal place of business in New Jersey Verizon Americas Inc., One Verizon Way, Basking Ridge, NJ 07920-1097 - a Delaware corporation with its principal place of business in New Jersey 338768_1 Celico Partnership is a general partnership and is governed by its partnership agreement, therefore, instead of directors, Cellco Partnership has a Board of Representatives. Representatives: Matthew D. Ellis David J. Small Steven Tugentman Officers: John G. Stratton. President and Chief Executive Officer David J. Small, Executive Vice President Wireless Operations and Chief Operations Officer Matthew D. Ellis, Senior Vice President and Chief Financial Officer Scott Krohn, Senior Vice President and Treasurer \B 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" 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 7 irr•> APPLICANT Virginia Beach YES] NO [ SERVICE 1 PROVIDER (use additional sheets if 1 needed) ( Accounting and/or preparer of your tax return 2 Architect /Landscape Architect/ Land Planner Contract Purchaser(if other than Lif' the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed I r v� purchaser of the subject property II " (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers / Surveyors/Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) LiLegal Services Real Estate Brokers / F--- 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 Licontingent 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 NB 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. �n ^ / , Ll /Ul • „) ( . ' �l Prinu pa( ✓► i►�ee►' Poe( f7,t $! } f /7 APPLICANT'S SIGNATURE PRINT NAME Tear/Lt it 1VA DATE j i Co't,r i ) Page 5 of 7 w\B OWNER Virginia Beach YES I [ NO I SERVICE I PROVIDER (use additional sheets If needed) —' Accounting and/or preparer of -- your tax return — rn Architect/ Landscape Architect/ �I Architect Planner Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed "— purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors • Engineers / Surveyors/ Agents Financing (include current n n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nLegal 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 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 NB 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. 1 PROPERTY OWNER'S SIGNATURE i PRINT NAME DATE Page 7 of 7 *„e4. 7Sj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting a Nonexclusive Franchise to Install, Maintain and Operate Telecommunications Facilities in the Public Streets and Rights-of-Way of the City to Intellifiber Networks, LLC MEETING DATE: September 5, 2017 • Background: Intellifiber Networks, LLC ("Intellifiber"), a certificated provider of telecommunications services, has requested a franchise to use the City's streets and rights-of-way to install, maintain and operate the facilities it acquired from Cavalier Telephone, L.L.C. ("Cavalier"). The City entered into a Temporary Nonexclusive Revocable License Agreement with Cavalier dated April 27, 1999 (the "License"), allowing Cavalier to construct, maintain, and operate telecommunications facilities in, over, under, and across the public ways within the City, for the sole purpose of providing telecommunications services (the "Cavalier Infrastructure"). In 2010, Cavalier was purchased by PAETEC Holding Corporation ("PAETEC"), and in 2011 Windstream Communications, Inc. acquired PAETEC. PAETEC's highspeed network is branded under Intellifiber Communications, Inc., of which Intellifiber is a wholly-owned subsidiary. Throughout each of these complex transactions, Intellifiber accepted all right, title, and interest in and to the Cavalier Infrastructure. The City and Intellifiber desire to replace the former License with a valid franchise in accordance with Va. Code §15.2-2100 et seq. for use and occupancy of the City streets and public rights-of-way in order for Intellifiber to continue to maintain network facilities for telecommunications services within and through the City. • Considerations: The ordinance grants Intellifiber a nonexclusive 5-year franchise on the terms and conditions set forth in the proposed franchise. The material terms are set forth in the attached Summary of Terms. A route map of Intellifiber's current infrastructure located within the City's rights-of-way has been provided to the City and is on file with the Department of Information Technology. • Public Information: 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 Section 15.2-1813. • Recommendations: Approval • Attachments: Disclosure Statement, Ordinance, Summary of Terms Recommended Action: Adoption of ordinance Submitting Departme • Information Technology Department D P /(_, City Manager: \\,,, 1 AN ORDINANCE GRANTING A NONEXCLUSIVE 2 FRANCHISE TO INSTALL, MAINTAIN AND 3 OPERATE TELECOMMUNICATIONS FACILITIES IN 4 THE PUBLIC STREETS AND RIGHTS-OF-WAY OF 5 THE CITY TO INTELLIFIBER NETWORKS, LLC 6 7 WHEREAS, Intellifiber Networks, LLC ("Intellifiber"), having its principal office at 8 4001 Rodney Parham Road, Little Rock, AR 72212, is a telecommunications carrier, as 9 defined in Title 47, Section 153 of the United States Code; 10 11 WHEREAS, Intellifiber desires to use and occupy the City's streets and public 12 rights-of-way for the purposes of installing, maintaining, and operating network facilities 13 for telecommunications services within the City; 14 15 WHEREAS, the Virginia State Corporation Commission has granted to Intellifiber 16 certificates of convenience and necessity authorizing it to provide local exchange and 17 interexchange telecommunications services; and 18 19 WHEREAS, the City is agreeable to allowing Intellifiber to use the City's public 20 streets and rights-of-way for the aforesaid purposes, subject to the terms and conditions 21 set forth in the summary of terms attached hereto as Exhibit A and made a part hereof 22 (the "Summary of Terms"). 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That the City Council hereby authorizes the City Manager to execute a franchise 28 agreement with Intellifiber for five (5) years in accordance with the Summary of Terms, 29 and such other terms, conditions or modifications, as may be acceptable to the City 30 Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2017. APP' ,bVED AS TO CONTENT: APPROVED AS TO LEGAL le //,e/ SUFFICIENCY: zdatu-Thiyi IJ_Ielyt , 41 ORMA ION CHNOLO CITY ATTORNEY'S OF CE CA 14011 August 18, 2017 R-1 EXHIBIT A INTELLIFIBER NETWORKS, LLC TELECOMMUNICATIONS FRANCHISE AGREEMENT SUMMARY OF TERMS Parties: City of Virginia Beach ("City") and Intellifiber Networks, LLC ("Intellifiber") Term: Five years Fee: None (State law restricts telecommunications franchise fees to Public Rights-of-Way Use Fee) Location: Intellifiber may maintain its facilities underground per route map on file with the Information Technology Department. Any new facility installation must be approved by City and properly permitted. Relocation: Intellifiber is solely responsible for paying cost of removal or relocation of its facilities if public project necessitates their removal or relocation; Intellifiber must remove facilities upon termination or City may allow to remain in place and take ownership. Installation: Intellifiber 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 the City. Insurance: Commercial General Liability (min. $2 Million); Automobile Liability (min. $1 Million); Pollution Liability Insurance ($1 Million). Alternatively, may have $5 Million umbrella coverage Surety: $25,000 letter of credit and $50,000 surety bond Virginia Beach APPLICANT'S NAME Intellifiber Networks, LLC. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE OM Y/ All disclosures must be upoatcd two i%; weeks Him to any Page 1 of 7 arch City Cccnci'i nicetir,�that porta' _ to tnc application;s;. ▪ APPLICANT NOTIFIED OF HEARING LTA.l E ▪ NO CHANGES AS OF DATE ▪ REVISIONS SUBMITTED DA F. NATi3 Virginia Beach 1-1 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 111 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Intellifiber Networks, LLC. If an LLC, list all member's names: Anthony W. Thomas - President & CEO; Kristi M. Moody - SVP, Gen. Counsel John P. Fletcher - EVP - Chief HR & Legal Officer; Robert Gunderman - CFO If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) List of Officers attached. (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Parent/Subsidiary Listing attached. 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: If an LLC, list the member's names: Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entityrelationship" means "a relationship, other than parent-subsidiary p, 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 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) n n Accounting and/or preparer of your tax return I n Architect/ Landscape Architect / I Land Planner ❑ Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ n purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers / Surveyors/ Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property s SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information 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. Autrg L. Me-e-Cer Autry L. Meeker 8/17/2017 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ 111 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) ❑ z 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) ❑ ri 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 ❑ ❑X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 i 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. Autry fc L. Me*1 r Autry L. Meeker 8/17/2017 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Windstream Holdings, Inc. Officers List: December 31,2016 President& Chief Executive Officer—Anthony Thomas Chief Financial Officer—Robert Gunderman Executive Vice President, General Counsel, & Chief Human Resources Officer—John Fletcher Vice President& Controller—John Eichler President/Carrier—Michael Shippey Senior Vice President/Government Affairs—Eric Einhorn Senior Vice President/Treasurer—Christie Grumbos Senior Vice President& Corporate Secretary—Kristi Moody Vice President/Tax—Willis Kemp Executive Vice President/Chief Information Officer—Lewis Langston Executive Vice President/Chief Marketing Officer—Joseph Harding Executive Vice President/Chief Technology Officer—Jeff Small Executive Vice President/Enterprise Sales—Jeff Howe Intellifiber Networks, LLC. is a wholly-owned subsidiary of Windstream Holdings, Inc. Intellifiber Networks,LLC. has the same officers as Windstream Holdings,Inc. Fi W ! d W W W W tet. tet: tet: W -i; W t� T, -r' t' W .5,:,. �Y, moi' -Y' W G W T T W -, C,4' :i; W W V �. 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Kurt to the Position of Assistant City Attorney MEETING DATE: September 5, 2017 • Background: Section 2-166 of the City Code provides that "[t]he city council may, from time to time, upon recommendation of the city attorney, appoint such deputy and assistant city attorneys as it may deem necessary to serve at the pleasure of the city attorney." • Considerations: This Resolution appoints Joseph M. Kurt as an Assistant City Attorney, effective September 14, 2017. He will serve as one of the City's litigation attorneys. • Recommendations: It is recommended that City Council adopt the attached resolution. • Attachments: Resolution Recommended Action: Adopt Resolution Submitting Department/Agency: City Attorney ii.,14 '1 f _. City Manager 1 A RESOLUTION APPOINTING JOSEPH M. KURT TO THE 2 POSITION OF ASSISTANT CITY ATTORNEY 3 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That pursuant to § 2-166 of the City Code, Joseph M. Kurt is hereby appointed to 8 the position of Assistant City Attorney, effective September 14, 2017. 9 10 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 11 , 2017. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: Mark D. Stiles, City Attorney CA14119 R-1 August 14, 2017 e l �Qv �• S,G. *tilt CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of 5073 Virginia Beach Blvd., L.L.C. for the Closure of a Portion of Euclid Road Adjacent to 5073 Virginia Beach Boulevard MEETING DATE: September 5, 2017 • Background: 5073 Virginia Beach Blvd., L.L.C., a Virginia limited liability company (the "Applicant"), requested the closure of approximately 5,878 sq. ft. of the right-of-way known as Euclid Road (the "Right-of-Way"). The Right-of-Way is adjacent to Virginia Beach Boulevard and borders property currently owned by the Applicant at 5073 Virginia Beach Boulevard (GPIN: 1467-85-8567). The Applicant owns and operates a motor vehicle sales establishment and intends to incorporate the Right-of-Way into its existing property in order to increase the vehicle display area and perimeter landscaping. In conjunction with this street closure application, the Applicant is also pursuing a separate action for Modification to the existing Conditional Use Permit to incorporate the Right-of-Way and property to the south into the motor vehicle sales operation. • Considerations: There are existing public utility facilities within the area proposed for closure. Therefore, the Department of Public Utilities is requesting conditions be met to address the location of these facilities and to preserve its access to these facilities. The Viewers determined that the closure of the Right-of-Way, with conditions set forth below, will not result in a public inconvenience. There was no opposition to the request. • Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 5073 Virginia Beach Blvd., L.L.C. Page 2 of 2 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the Right-of-Way into the adjoining parcel. The subdivision plat shall be submitted and approved for recordation prior to the final street closure approval. 3. A public sanitary sewer gravity main is located within the Right-of-Way. These utilities must either be relocated to the new property line or an easement (satisfactory to the City's Department of Public Utilities) must be dedicated to the City of Virginia Beach. A variance to Section 2.3.6 of the Public Utilities Design Standards Manual will be required prior to the dedication of a public utility easement. 4. Public water meters are located within the Right-of-Way. These meters must either be relocated to the new property line or an easement (satisfactory to the City's Department of Public Utilities) must be dedicated to the City of Virginia Beach. A variance to Section 2.3.6 of the Public Utilities Design Standards Manual will be required prior to the dedication of a public utility easement. A planting island with landscaping material (satisfactory to the City's Landscape Architect) must be located over the water meters if they are not relocated. 5. The Applicant shall verify that no private utilities exist within the Right-of- Way. If private utilities do exist, easements satisfactory to the utility company must be provided. 6. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council approval, said approval shall be considered null and void. ■ Attachments: Ordinance Staff Report and Disclosure Statement Minutes of Planning Commission Meeting Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Departmen ncy: Planning Department Ott, . City Manager: 1 ORDINANCE APPROVING APPLICATION 2 OF 5073 VIRGINIA BEACH BLVD., L.L.C. 3 FOR THE CLOSURE OF A PORTION OF 4 EUCLID ROAD ADJACENT TO 5073 5 VIRGINIA BEACH BOULEVARD 6 7 WHEREAS, 5073 Virginia Beach Blvd., L.L.C., a Virginia limited liability company 8 (the "Applicant") applied to the Council of the City of Virginia Beach, Virginia, to have 9 the hereinafter described right-of-way discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said right-of-way be 12 discontinued, closed, and vacated, subject to certain conditions having been met on or 13 before one (1) year from City Council's adoption of this Ordinance. 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 16 Beach, Virginia: 17 18 SECTION I 19 20 That the hereinafter described right-of-way be discontinued, closed and vacated, 21 subject to certain conditions being met on or before one (1) year from City Council's 22 adoption of this ordinance: 23 24 ALL THAT certain piece or parcel of land situate, lying and 25 being in the City of Virginia Beach, Virginia, designated and 26 described as "PROPOSED STREET CLOSURE EUCLID 27 ROAD (FORMERLY BROAD CREEK ROAD) 60' R/W (M.B. 4, 28 PG. 62) (5,878.3 SF OR 0.135 AC)", shown as the hatched 29 area on that certain street closure exhibit entitled: "STREET 30 CLOSURE EXHIBIT OF 5,878.3 SQUARE FEET OF EUCLID 31 ROAD VIRGINIA BEACH, VIRGINIA FOR 5073 VIRGINIA 32 BEACH BLVD. LLC.", Scale: 1" = 30', dated February 27, 33 2017, prepared by WPL, a copy of which is attached hereto as 34 Exhibit A. 35 36 SECTION II 37 38 The following conditions must be met on or before one (1) year from City 39 Council's adoption of this ordinance: 40 41 1. The City Attorney's Office will make the final determination regarding 42 ownership of the underlying fee. The purchase price to be paid to the City shall be 43 determined according to the "Policy Regarding Purchase of City's Interest in Streets 44 Pursuant to Street Closures," approved by City Council. 45 46 No GPIN (Public Right-of-Way) 47 (Adjacent GPIN: 1467-85-8567) 48 2. The Applicant shall resubdivide the property and vacate internal lot lines to 49 incorporate the Right-of-Way into the adjoining parcel. The subdivision plat shall be 50 submitted and approved for recordation prior to the final street closure approval. 51 52 3. A public sanitary sewer gravity main is located within the Right-of-Way. 53 These utilities must either be relocated to the new property line or an easement 54 (satisfactory to the City's Department of Public Utilities) must be dedicated to the City of 55 Virginia Beach. A variance to Section 2.3.6 of the Public Utilities Design Standards 56 Manual will be required prior to the dedication of a public utility easement. 57 58 4. Public water meters are located within the Right-of-Way. These meters 59 must either be relocated to the new property line or an easement (satisfactory to the 60 City's Department of Public Utilities) must be dedicated to the City of Virginia Beach. A 61 variance to Section 2.3.6 of the Public Utilities Design Standards Manual will be 62 required prior to the dedication of a public utility easement. A planting island with 63 landscaping material (satisfactory to the City's Landscape Architect) must be located 64 over the water meters if they are not relocated. 65 66 5. The Applicant shall verify that no private utilities exist within the Right-of- 67 Way. If private utilities do exist, easements satisfactory to the utility company must be 68 provided. 69 70 6. Closure of the Right-of-Way shall be contingent upon compliance with the 71 above stated conditions within 365 days of approval by City Council. If the conditions 72 noted above are not accomplished and the final plat is not approved within one year of 73 the City Council approval, said approval shall be considered null and void. 74 75 SECTION III 76 77 1. If the preceding conditions are not fulfilled on or before September 4, 78 2018, this Ordinance will be deemed null and void without further action by the City 79 Council. 80 81 2. If all conditions are met on or before September 4, 2018, the date of final 82 closure is the date the street closure ordinance is recorded by the City Attorney. 83 84 3. In the event the City of Virginia Beach has any interest in the underlying 85 fee, the City Manager or his designee is authorized to execute whatever documents are 86 requested, if any, to convey such interest, provided said documents are approved by 87 the City Attorney's Office. 88 89 SECTION IV 90 91 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 92 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 93 VIRGINIA BEACH as "Grantor" and "5073 VIRGINIA BEACH BLVD., L.L.C." as 94 "Grantee". 95 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 96 of , 2017. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO CITY COUNCIL APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: `' 1111W 14 ning Dep:rtment '-"� City Attorney CA13992 vbeov.comDFS I ApplicationsCityLasvProd cycom32 Wpdocs D015 P028 00392222.doc R-1 August 24, 2017 EXHIBIT A CURVE R4ATUS ARC LENCTh1 I cHbRO LENGTH ( CHORD BEARING Cl 20.00' 22.41' 121.26' I N J2'27'51' W Dar ANGLE vw r La . 64°12'40` 12.55' - sI 411254444 414 P' : Ntri , - - - S64:J4.11"E S 00215. 2'E , ?,xQ9' rS 84:34.11-E I126.51' U,iTo INPiE IX 14' 151' )! y� `y�,if '•.� IX BCCI =WET=SOW Aa 14 EIXYn Y BROAD CREEK ROW) 60'fVW /\,, 0 - ( S7as sr of arm Ac) ,� EX 12'RCP- . -/ • 1 '. POWER POLE i i \ \ I t s j ; •( 48.CRNR r .� X12,�t'r.# SPCB 1 sec FENCE /\g, r 0 // • core y :'/:/ VALE' CURER j5 \ / \' / C PAF A*4-tA ! • t \ (ii P01i02050OGGO Q) I _ \ I� // ,/� 1 .Cl r:US l 1 EX 12' RCP y/ ` \ `I. ,j '•i S 4972'44'E '\ MAPLE• f 1679' �r;aw,. i EL SHRUBS I • h t�a IX GRAVEL IX�6' / C r" \ i1 pi✓TR • 1 ' \\1 \ , 274 -STY FR \ IX ASPHALT?AVETJEN? \ 1,19.3. 0EY 16'. T t I Sm RIO 1 STREET CLOSURE =MIT 5,878.3 SQUARE FEET EUCLID ROAD VIRGINIA BEACH. VIRGINIA ray : For � T*swig=6i. 0811 ,.ti t 830.14111 SCALE: 1° = 30'60" V IIA BEACH BLVD. u-C. FEBRUARY 27, 2017 `CAD/1 IIR9/£S CM OP YIR BA[. VA.j7.8.943 P.27/4311PI174E-081 _IJ3t:218-0190 Applicant& Property Owner 5073 Virginia Beach Blvd., a VANIB Agenda Items Limited Liability Corporation D 1 Public Hearing July 12, 2017(Previously deferred June 14,2017) City Council Election District Bayside D2 Virginia Beach Request Drweeu,t .het lneet Modification of Conditions(Motor Vehicle Sales) cgd4 Street Closure(Unimproved strip of Euclid Road) 3 c �``° ew.e.k,te, 4. E 4' Staff '.,,,Mr R0,-+J Staff Recommendation ptlj°�d 1 Approval I E 1 Staff Planner ,1 z i i learn*Street E Jimmy McNamara ci I I Broad Sweet Location 5073 Virginia Beach Boulevard and 5,878 square feet of adjacent right-of-way - -- 444> GPIN g I I gb I 1467858567 1 g Site Size 1.27 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay k Existing Land Use and Zoning District �, ::;,, t T R `.r '"` Motor vehicle sales&a portion of Euclid Road ,« .0 , , r `Mr, ^a right-of-way/B-2 Community Business ' �.a .,, ps,,,,,-f` '' Aa �Y iiLSurrounding Land Uses and Zoning Districts • ' i f �,`. =Ng* `•,� North °' ' Virginia Beach Boulevard4. • B��� Indoor shooting range/B-2 Community . ' " ' ;!4 r 1 ` �► % . ... Business ' ^ r South i ~� - ,,, L. X ' -1,t,irt Print shop/B-2 Community Business - East Pennsylvania Avenue • T•. - -: • Motor vehicle sales/B-2 Community Business e`er West Jersey Avenue Mixed retail/B-2 Community Business 5073 Virginia Beach Blvd., a VA Limited Liability Corporation Agenda Item D1& D2 Page 1 Background and Summary of Proposal • A Conditional Use Permit for Motor Vehicle Sales was approved for the site in December 2008. The approved site plan depicted specific vehicle display areas. At the time, Staff viewed the application as an opportunity to upgrade the aesthetics of the site. The approved plans depicted an attractive building,the addition of plant material on the site,and a logical layout. • Since that time,Staff discovered that much of the landscaping depicted on the site plan has been removed and that the applicant has outgrown this site as vehicles are displayed in areas not depicted on the site plan, resulting in an unorderly site. • To rectify the situation,the applicant now requests a modification of the previous Conditional Use Permit to develop a better site design that will address many of the previous issues. Additionally,the applicant requests a closure of 5,878 square feet of Euclid Road that will be incorporated into the site to provide additional room for his successful business. • The submitted layout depicts street frontage landscaping along the entirety of Virginia Beach Boulevard and Pennsylvania Avenue. The applicant also intends on repairing and replanting existing interior islands that have been covered with a hard surface, installing new interior islands within the new proposed display area that meets the minimum requirements, and providing foundation landscaping for the existing building. • The new layout depicts the existing 4,747 square feet of display area that was approved with the previous Conditional Use Permit as well as an additional 15,939 square feet of additional display area for a total of 20,686 square feet of display area for motor vehicle sales. • No changes to the existing building are proposed with this request. 4 i R-7.5 Zoning History B-2 # Request B-2 _ 1 CUP(Motor Vehicle Sales)Approved 12/02/2008 i� �`"�.1�� r I 2 STC Approved 05/23/2006 �,� .� 3 CUP(Motor Vehicle Sales)Approved 03/14/2000 �'%///� CUP(Automobile Service Station)Approved 09/28/1999 ���'f / 4 CUP(Motor Vehicle Repair Garage)Approved < 02/23/2010 /%%%fes moi/ S CUP(Recreational Vehicle Sales&Service)Approved /. 5 . iI B 2 \ ,`\,B-2 _ 06/09/1992 1i 6 %1+ \\, 5 CUP(Motor Vehicle Repair Garage)Approved _ 11/12/2013 7 B.2 6 CUP(Motor Vehicle Sales)Approved 06/09/1992 7 CUP(Motor Vehicle Repair)Approved 03/17/2015 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 5073 Virginia Beach Blvd., a VA Limited Liability Corporation Agenda Item D1& D2 Page 2 Comprehensive Plan Recommendations The Pembroke Strategic Growth Area 4 Implementation Plan,adopted in November 2009, identifies this parcel as being within the Central Village District of the Pembroke SGA. In the Central Village District,the Plan calls for an eclectic,mid to low-rise commercial and urban residential area.This development will be in the form of live-work, loft and row-house residential buildings and smaller scale mixed use commercial buildings. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. As the site is already mostly impervious,there do not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name ! Present Volume I Present Capacity Generated Traffic 34'940 ADT 1(LOS•"C") Existing Land Use 2—83 ADT Virginia Beach Boulevard 32,466 ADT 1 64,260 ADT 1(LOS 4"E") Proposed Land Use 3- 133 ADT 1 Average Daily Trips las defined by 2,625 square 3as defined by 16,274 square feet of a LOS=Level of Service feet of general retail general retail Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Boulevard in the vicinity of this application is considered an eight-lane divided major urban arterial. The MTP proposes a divided facility within an existing 150 foot right-of-way section. A CIP project is slated for this area. Witchduck Road—Phase II(CIP No.2-025) involves the improvement of Witchduck Road from 1-264 to Virginia Beach Boulevard,creating a six-lane divided facility within a 131 foot right-of-way with aesthetic improvements. It is currently under construction.This project is not expected to impact the site at 5073 Virginia Beach Boulevard. Public Utility Impacts Water This site currently connects to City water. There are two public water service lines and one water meter located within the area of the proposed street closure. This infrastructure will need to be relocated to the new property line, or an appropriately sized public utility easement dedicated for it. The placement of a public utility within an easement requires a variance to Section 2.3.6 of the Public Utilities Design Standards Manual,and there will be restrictions on development within the easement. Sewer This site currently connects to City sanitary sewer. There is a public sanitary sewer gravity main located within the area of the proposed street closure. This infrastructure will need to be relocated to the new property line,or an appropriately sized public utility easement dedicated for it. The placement of a public utility within an easement requires a variance to Section 2.3.6 of the Public Utilities Design Standards Manual,and there will be restrictions on development within the easement. 5073 Virginia Beach Blvd.,a VA Limited Liability Corporation Agenda Item D1&D2 Page 3 Evaluation and Recommendation While the proposed use is not consistent with the vision of the Pembroke Strategic Growth Area 4, it is compatible with the surrounding uses and current character of this area, which includes other auto related business,warehouse uses, and recreational vehicle sales. As was previously stated,the applicant's success has created a situation where vehicles are not displayed on the site in an orderly manner. In discussions with Staff,the applicant's representative has stated that due to the less than ideal hot weather of the summer months, it is the applicant's intent to address the landscaping deficiencies of the site during the cooler autumn months and after the development of a cohesive site layout. Staff is agreeable to this approach. The updated site layout depicts the planting required by the Virginia Beach Landscaping Guide, which will assist in upgrading the aesthetics of this auto-centric use from the rights-of-way. Staff has recommended a condition that vehicles shall not be displayed in the newly designated areas until the landscaping deficiencies are addressed on the existing site. Also,Staff has recommended a condition that the vehicle display areas be physically depicted on the site with a paint on the asphalt.The proposed nearly 20,000 square feet of display area is arranged in a logical layout that will allow proper ingress/egress and internal flow on the site. A Viewer's meeting was held pertaining to the portion of Euclid Road proposed to be closed. The Viewers agreed that the deficiency in plant material should be addressed through new conditions. It was noted that several public utility apparatuses are located within the portion of the Euclid right-of-way proposed to be closed, and as such,they must be moved, or an easement satisfactory to the Department of Public Utilities will need to be established,which may limit development within these areas. The applicant has stated that it is there intent to remove one of the two public water meters within the right-of-way and to place a landscape island and public utility easement over the remaining water meter. The Department of Public Utilities has indicated that this would satisfy their concerns. Additionally,there is a public sanitary sewer gravity main located with the area to be closed. As this main does not provide service to any customers,the Department of Public Utilities has suggested that it be abandoned and a manhole be located at the property line. The applicant is amenable to this request. Based on the considerations above,Staff recommends approval of this request subject to the conditions below. Recommended Conditions Street Closure 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the"Policy regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area of Euclid Road into the adjoining parcels that the right-of-way would have provided direct access to. The plat must be submitted and approved for recordation prior to the final street closure approval. 3. The public sanitary sewer gravity main located in the closed area of Euclid Road shall either be relocated to the new property line, or an appropriately sized public utility easement satisfactory to the Department of Public Utilities shall be dedicated for it. Prior to the dedication of a public utility easement, a variance to Section 2.3.6 of the Public Utilities Design Standards Manual will be required. 4. The public water meters located in the closed area of Euclid Road shall either be relocated to the new property line, or an appropriately sized public utility easement satisfactory to the Department of Public Utilities shall be dedicated for it. Prior to the dedication of a public utility easement,a variance to Section 2.3.6 of the Public Utilities Design Standards Manual will be required. If the water meters are not relocated,a planting island with landscaping material satisfactory to the Landscape Architect shall be located over the meter(s). 5073 Virginia Beach Blvd.,a VA Limited Liability Corporation Agenda Item D1&D2 Page 4 5. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist,easements satisfactory to the utility company must be provided. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way,this approval shall be considered null and void. Modification of Conditions All conditions attached to the Conditional Use Permit granted by City Council on December 2, 2008 shall be deleted and replaced with the following: 1. The site shall be redeveloped substantially as shown on the submitted site layout exhibit entitled, "CONDITIONAL USE PERMIT EXHIBIT OF 5073 VIRGINIA BEACH BLVD,VIRGINIA BEACH,VIRGINIA,"dated June 23, 2017 and prepared by WPL Landscape Architects, Land Surveyors,Civil Engineers. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. A Landscape Plan reflective of the plant material on the submitted exhibit entitled, "LANDSCAPE EXHIBIT OF 5073 VIRGINIA BEACH BLVD,VIRGINIA BEACH,VIRGINIA," dated June 23, 2017 and prepared by WPL Landscape Architects, Land Surveyors,Civil Engineers and of all requirements of the Virginia Beach Landscaping Guide shall be submitted and approved by the Development Services Center Landscape Architect prior to final site plan approval. 3. All landscaping shall be maintained in an orderly fashion. If any plant material becomes diseased or dies, It shall be replaced as depicted in the approved Landscape Plan referenced in Condition 2 above. 4. The building on the property shall continue to be as substantially depicted on the elevation entitled, "Proposed Building, 5073 Virginia Beach Boulevard," dated 08/28/08, prepared by Daugherty&Associates Architecture. Said elevation has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 5. Prior to occupancy of either Vehicle Display Area#1 or Vehicle Display Area#2,as depicted on the site layout referenced in Condition 1, by any motor vehicles for display, landscaping as depicted on the submitted Landscape Exhibit shall be installed. 6. Prior to occupancy of Vehicle Display Area#1,as depicted on the site layout referenced in Condition 1,by any motor vehicles for display,the closure of the subject portion of Euclid Road referenced in the Street Closure request must be finalized. 7. The vehicle display areas depicted on the site layout referenced in Condition 1 above shall be physically designated with a painted strip along the outside perimeter of the area. 8. All vehicles for sale shall be located within the area designated for display on a paved surface. No vehicles shall be displayed on raised platforms, earthen berms, landscape islands,or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 9. There shall be no storage of tires, merchandise,or debris of any kind outside of the building. 10. There shall be no outside audio speakers for any purpose. 5073 Virginia Beach Blvd.,a VA Limited Liability Corporation Agenda Item D1 &D2 Page 5 11. No outside storage of vehicles in a state of obvious disrepair shall be permitted. 12. The existing spinning freestanding sign shall be removed and replaced with a monument style freestanding sign with a brick base and shall be no taller than eight 8)ten(10 feet in height measured from the ground to the top of the sign. 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. 5073 Virginia Beach Blvd.,a VA Limited Liability Corporation Agenda Item D1 & D2 Page 6 Proposed Site Layout 1 0 , .....,• ,p,o/ 8. ,91,.•. '-'0.t, Ivitiftf .. a-. 't 12(4 04 4114., k.4t1t44,421 7 -.lb 1 i• _. • [ P e 4244) . . / ), 4.'_:\ • 5 6.1•51•11.I' 2IY OM(AIWA a, 5 0275.55''( ,s,s.• Mr WO MX AM1150311 MID) , \ Ii, i ? '' '.'.-"*....., '-=:.....„;s......,...„.....,.... ;lore (AVIA5,..o1-PiN,5 s / -1• cs.- mceosol 57:177 MORAY' , UPI OF Yam OW. id . -1./.-y-., 1 -..?...m, Was,ROACMAIN-RtY!NOV Cif FA Ad14 keg'NO 4, M 6,Zi CNA 16E 7 E.,-ANS 7' I V MAE unin usairk .._ . z (5.6-M3 57 CR 6'QS 44 N ININ6154I13161) (64 291t613Y4047461JAA1 --•• -..'` , -' • ;•••••. NI 201601226X10464620) .. •---.011 20.O:430:4029310 MIDI _ , N'i PARCE7. 3-4:-...16 3\s.,, '': ., ' '-!:. , . . .. ,o•sTartrimucd . - -A% Pm- )40-ercee, '•\• ''''. LA (N. NI(7a70550005.11250,1 - • tC' Ns.N...„.• ./,, 470 6..-z. .6r • e• 4: ••. 1.460sCAPC • .•"•••- ( 11 Ir54P22 1 i */ .• / ' .. "'' ...". ASAY666•7 • j___ , .7.0 so N I •,— AVRA7 ARCA 1.46615C464- I COO?rrir • I • i Z6V SO, p A 015.5.4Y ARIA (AADSDIPir ...S,,1 tr47666•6:1 • _ I ' .. - -- • III 57I7527 FRONI'AZY" •- .7.174, 1.M.ICKC4N•C I . , '•-..7; -'/' rOP so r7 , I ...- . / arow Aqc,' . moots pooN,Ap;trec,i• LANOSC40 „ triorio.v, i,,v,„osr,„or. ”- APOL4of - - - ,,tsmic r outlaw,- ...',..•, rj.poi so•,-7, .„• tz , ,„, ' -”- • . • ... I . 465-06.47 ARC44 ,.i 60660667c ',, 1.4.P5rAPt//' // ..51.NNOVP.0% 1 . 4 1 .• Z ' • P. . . , N 09'5528-f 190.00' I 14' '" = fa'VR07 rpoterAct imoscomwr J,P3 tr•O r7 OWNAY .Xbl eS .1g . 1 •• hII I'•-: , re 14 Iii CI . NA On P,Otarst ii 1 •• „',. ,.., 4.; (rt 1 DI MAIM 900/ CAR 14i 7-SS-NOS I Z.; r,• • t / • S a ab•••• fl PL -v, ...POPISSAMS-, ,,,....1t wo PAATE WIN EASEVilft f -' I Ilt KAM Dr UN I IA It th. I (II 'II 1101)0X1611050) ,PO4 00• s[0351r W 2.5.2 DV' Itil • kif 6.11.3 1141%/4114 ROCA 81-VA LL III. AIAIES I WRNS,A ELCCA La-M lert-f 5 ib 6.66 kt-t,6; 26 Llit A A PC E 2-A 3) GA* I*I T- 110/-WI-II3“ CANI 1.)-131 I CUR,/l TA5::£ CUR,F RAIZ ' 44C te7.41w i cAloRi; LiNGTP CWP IADIFNNG orir.4 ANL( rAvaper • CI 1 20.00 2241' • 21.26' A .3227 51 14' 6•4`72.40- F2 55' INDICATES PROPOSED DISPLAY AREAS , INDICATES PREVIOUSLY APPROVED DISPLAY ARE/1S 5073 Virginia Beach Blvd.,a VA Limited Liability Corporation Agenda Item DI. &D2 Page 7 Building Elevations .4tt 3 t -s 41% 4 4 I y - F 4. �.�i ire li 1 ki 1,,, ;t. .. ______ 1'�Il t l� ; 3 _ .....7 . ,. {l n.1 ....... , : i ............•. ....__ _ . .... , ... .. ..,.._ } _ _ ll ,. 1,1 I _ ..._ .,,i, .,_ 1/11 i ' _____ ___ ;I1:t kiI: ir 1 1 •' j i I ,dill — ,Il I, _—-- _ ti 1 it ti.. • 4 i 1 5073 Virginia Beach Blvd.,a VA Limited Liability Corporation Agenda Item D1 & D2 Page 8 Building Elevations a - -3 a. •err ...z,_ I 410%,SLEVAi 10t.1 hi-,!d �y MI I MI -- �E\/!1K o.�l <<.M 0 ■ i Itl o ei Mein' 1 I_ I` ItiI '-7 4 aTGrJ z -- T_ Thr::� 5073 Virginia Beach Blvd.,a VA Limited Liability Corporation Agenda Item D1 & D2 Page 9 Proposed Landscape Exhibit CURVE TABLE CURVE R11)445 . ARC LENGTN j CHORD LENGTH. CHORD 8EARLWD . DELTA ANGLE TANGENT Cl 20.00' 22.41' 21.26' IV 32'27'51*W 64'12'40' 12.55' DISPLAY AREA /1 4,643 SO. f7 DISPLAY AREA /2 11,296 SO. FT ••'INDICATES . PROPOSED 12X LANDSCAPE AREA REQUIRED = 557 SO. 17 12X LANDSCAPE AREA REQUIRED = 1,356 SQ. FT "`"' DISPLAY AREAS LANDSCAPE AREA PROVIDED = 760 SO. FT. LANDSCAPE AREA PROVIDED = 1,365 SO. f7. tO NJLYL:IIFS LARGE CAAIOPY TREE(8 O 40'DC) Os�M.ATES WEDIUM CANOPY TREE(22) arr4p''ate' (Tz•r a sti7,.es :H • ac44% kN rfay .:• '''''.:::!',',,::.::. - "101.-ot•Zit—ektib ... F• �—'I, .1'• ?`of --a,`4'}7i,: saPS1$Tr 70'MUTT=KM ' I ,.7......,.,•z•,...7,1;•„. �; `]'.. � tJ00' S 6!•JI•N.£ OMI IAO 147O01S001 It1N01 ! 1 'IO I 1 '- •I ., x7641. vn n SWIM 6f7ot "'1'. I �,-,14t `••• •` � ., ,`-?' 't"::H' 6A7a',ta/S,rfO�sa7��c1 CLOSURE r San CREEP Aaol CPK,�t-6tr =I, ' Ii Li..a__ m'6M9A WY s: ..•".,..!••I`..1•.;.: 64 ,04o MS 74 M N07att7)MITSNC .. N.7at007150007/tlt6 nM " - Ix 7OIx7ri000B116AS ;p ,(K twowf000va7eto .•i'',. ;••.' ^ , ..,... ...:17f;::::+;;', PARCEL .9 A-L{ t • P�� s, A` o s)Ncc,Ttov6la ,'_:: i:•.,,, - dmr701010000/407-07-056r, u0).•,' : !)b to K\'',1 I'I ' .:"..,uwsu we .i;ts ,7.!i/} IV v ii; ;I•, '.i• ••ate til $ra'JtST'S• ..:,• ��_ .. '1,N1 J'GW. ;i,,.: i3'-"•SAS/' 7.7:. :;.:M1,..1g ,,w____ •X�.SMIf.RSIM J'ar ",I•I,•` {q•{ r r1K1171 :'� 'l Iii r.M1° ,i^1' rI../C«. l SARAM,flKM A'S/kAY AfU ..l , 1 7 + (f )ALR121 WNR749C C. _ .;6g:1 Iri, '�'i 17}/�1. mtEp1 ,Jt)J 1MrAKA mttYL f1r7AtACl . .\ s6%tBs�r a6. exit (400..:.,1....!.(20.‘,4,* 1'. (A)1'Ow 9". ,i ja a o • 1 Ing[[ y a'o.c T fi D r N•., 0 57AtI7 fACM?AC£ f 6 a4 • ion= ..;;;:,%:•2,::;;;;•;-•:!'-7.!,7,,-•.',',.:;.:i3O••".Nr:a6O#,1 oicsoteas �s t;' t' I,4.1:-%g' fY :'% n Iii....;;;;•.,...4;/;.,'l , ^'', 11 PJ! fY � ;jt §� ,,-,. .779 Sa R. ' , !O'S7%L7 11SN'lAGi O6/W'ARCA ��;' '4 W . 14 tl 41. YrE YIAzt®1 .I;. , i1 ef f g' pK io17037-16-6151 liC 4§41 MK,x7es-«s, , * M , III. I tr Mt6OC M0056/[Q655� _.__..... �yrt ♦6 MD MOAR U11117 trt006 Cd Olt MT CR IX LIA`. • I b (K NII7WOD000W0931 _ __ ' 1 I1/f 5 N"- i MOO' y/f JW6 L WA'A R 6x•,77 PM 1VRAt LOT-30 N0.AIC LOT-AS m �'-M 0-a PO, -724 OWL 4 M:.n-t7) WK.N67�7000 MK:tw7-8S-ts.. - -1— t TI PREVIOUSLY APPROVED DISPLAY AREA 4,747 S0. fT INDICATES ' PREVIOUSLY APPROVED 12% LANDSCAPE AREA REQUIRED = 570 SO. FT. DISPLAY AREAS LANDSCAPE AREA PROVIDED = 610 SO. a 5073 Virginia Beach Blvd.,a VA Limited Liability Corporation Agenda Item D1 & D2 Page 10 Proposed Street Closure Exhibit CLAM- MOILS AIDC LEFIGIH CHOW LENGTH CHORD B AILWIG Cl 2aao' 22.41' 21.28' N .I227.51' W DTA ANGLE TANGENT 647240' 12.55' s 1. `4,_ S Q4'.#'/l'E ti Rx7S' S 002852'E , 12 -;;: _ � S 64J4'1l'E E%USW M LE Ek 14' - •X1-.-',.h.. 126.51' /. .. ...I\-TLE • , . "0•'.70 51117 CLOSURE 14 .', ° (uQ7&J Sr a au 4 Ao. �� 1 I F7( 12 RLP POWER POLE / \ / .� 11 11. /E%46'OMAN V _ • / • .i� • SOCK I. •u LINK FENCE .0r D UDU"/ 11 v (I:d r 0.4 PARCEL 3-A-IR ' \\/ / y o soiiosommo3Nomv \ /.% ,, \ 1 {LI01016 DI 12'RCP `' v • • Ex 2' S 4922 44'E x%' . , l IX SHRUBS / R . t lfi 4_0( .B. , TR'F \ I /214 - •\ a1 1-STY FR Vk \IX A4' ` 10113. FNLT PAVEMENT \ TREE I s WO ` PoY• 1 1 . i 1 I 1 1 I I. 1 5073 Virginia Beach Blvd.,a VA Limited Liability Corporation Agenda Item D1 &D2 Page 11 Site Photos I N .i'&1-CCI.4L f I ' \ i -.0k 4841110....t , ' te. 5073 Virginia Beach Blvd., a VA Limited Liability Corporation Agenda Item D1& D2 Page 12 Disclosure Statement t1, APPLICANT'S NAME 5073 Virginia Beach Blvd., 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 1 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 ICtIq,,lit9. *sth ,.s:l3t. _ .a , tr; tt; rt+ .,e-i. 4""4-at‘ tt> -=I at; t,r`t1 ttr t >, A - (�o; itt "f - a �_ ..t 's Fa k' ht't .{ t',. SECTION 1 / APPLICANT DISCLOSURE � I FOR CITY USE ONLY/All d!scloswes must be updated two tZi weeks pno,tc any Page 1 of 7 Plannm Commission and Cit Co.mcd nhEehn that ettams to the ahs, D APPLICANT NOTIFIED OF HEARING DATE qq Er NO CHANCES AS OF D t - 4;% Carolyn Smith REVISIONS SUBMITTED DATE !! 5073 Virginia Beach Blvd.,a VA Limited Liability Corporation Agenda Item D1& D2 Page 13 Disclosure Statement N/173 Virginia Beach ElCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. R Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:5073 Virginia Beach Bvld LLC If an LLC, list all member's names: George Loizou, Managing 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 ' 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 Afferent from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. H 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 5073 Virginia Beach Blvd.,a VA Limited Liability Corporation Agenda Item D1&D2 Page 14 Disclosure Statement Ni)BV:rgir:ia 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 "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 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 5073 Virginia Beach Blvd.,a VA Limited Liability Corporation Agenda Item D1&D2 Page 15 Disclosure Statement NtB APPLICANT Virginia Beach YESIr NO SERVICE PROVIDER (use additional sheets if � I — needed) XAccounting and/or preparer of your tax return • X Architect/Landscape Architect/ Daugherty&Associates Architecture Land Planner Contract Purchaser(if other than X the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed l��l El purchaser of the subject property I (identify purchaser(s)and purchaser's service providers) XConstruction Contractors X Engineers /Surveyors/Agents WPL Financing (include current ,TowneBank X mortgage holders and lenders L selected or being considered to provide financing for acquisition or construction of the property) • X Legal Services Sykes,Bourdon,Ahern&Levy,P.C. Real Estate Brokers / !^I ��� Agents/Realtors for current and anticipated future sales of the subject property - SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 5073 Virginia Beach Blvd.,a VA Limited Liability Corporation Agenda Item D1 &D2 Page 16 Disclosure Statement \gm Virgirip R�r.cli 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 seeks prim to the Planning Commission, Council, VEDA meeting, or meeting' of any pubffc body or committee in connection with this Application. George Loizou,Mg Member APPU; �S SIGNATURE PRINT NAME DATE SA3 Virginia Beach Blvd. L.L.C. Page 5 of 7 5073 Virginia Beach Blvd.,a VA Limited Liability Corporation Agenda Item D1& D2 Page 17 Item#D1&D2 5073 Virginia Beach Boulevard Discontinuance,closure and abandonment of an unimproved strip of Euclid Road formerly Broad Creek Road Modification of Conditions 5073 Virginia Beach Boulevard District 4 Bayside July 12,2017 CONSENT An application of 5073 Virginia Beach Boulevard for a discontinuance,closure and abandonment of an unimproved strip of Euclid Road formerly an Broad Creek Road and a Modification of Conditions on property located at 5073 Virginia Beach Boulevard, District 4, Bayside. GPIN: 1467-85-8567-0000. CONDITIONS Street Closure 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the"Policy regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area of Euclid Road into the adjoining parcels that the right-of-way would have provided direct access to. The plat must be submitted and approved for recordation prior to the final street closure approval. 3. The public sanitary sewer gravity main located in the closed area of Euclid Road shall either be relocated to the new property line,or an appropriately sized public utility easement satisfactory to the Department of Public Utilities shall be dedicated for it. Prior to the dedication of a public utility easement,a variance to Section 2.3.6 of the Public Utilities Design Standards Manual will be required. 4. The public water meters located in the closed area of Euclid Road shall either be relocated to the new property line,or an appropriately sized public utility easement satisfactory to the Department of Public Utilities shall be dedicated for it. Prior to the dedication of a public utility easement,a variance to Section 2.3.6 of the Public Utilities Design Standards Manual will be required. If the water meters are not relocated,a planting island with landscaping material satisfactory to the Landscape Architect shall be located over the meter(s). 5. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist,easements satisfactory to the utility company must be provided. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and Item#D1&D2 5073 Virginia Beach Boulevard Page 2 the final plat is not approved within one year of the City Council vote to close the right-of-way,this approval shall be considered null and void. Modification of Conditions All conditions attached to the Conditional Use Permit granted by City Council on December 2,2008 shall be deleted and replaced with the following: 1. The site shall be redeveloped substantially as shown on the submitted site layout exhibit entitled, "CONDITIONAL USE PERMIT EXHIBIT OF 5073 VIRGINIA BEACH BLVD,VIRGINIA BEACH,VIRGINIA," dated June 23, 2017 and prepared by WPL Landscape Architects, Land Surveyors, Civil Engineers. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. A Landscape Plan reflective of the plant material on the submitted exhibit entitled, "LANDSCAPE EXHIBIT OF 5073 VIRGINIA BEACH BLVD,VIRGINIA BEACH,VIRGINIA,"dated June 23,2017 and prepared by WPL Landscape Architects, Land Surveyors, Civil Engineers and of all requirements of the Virginia Beach Landscaping Guide shall be submitted and approved by the Development Services Center Landscape Architect prior to final site plan approval. 3. All landscaping shall be maintained in an orderly fashion. If any plant material becomes diseased or dies, it shall be replaced as depicted in the approved Landscape Plan referenced in Condition 2 above. 4. The building on the property shall continue to be as substantially depicted on the elevation entitled, "Proposed Building, 5073 Virginia Beach Boulevard," dated 08/28/08, prepared by Daugherty& Associates Architecture. Said elevation has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 5. Prior to occupancy of either Vehicle Display Area#1 or Vehicle Display Area#2,as depicted on the site layout referenced in Condition 1, by any motor vehicles for display, landscaping as depicted on the submitted Landscape Exhibit shall be installed. 6. Prior to occupancy of Vehicle Display Area#1,as depicted on the site layout referenced in Condition 1, by any motor vehicles for display,the closure of the subject portion of Euclid Road referenced in the Street Closure request must be finalized. 7. The vehicle display areas depicted on the site layout referenced in Condition 1 above shall be physically designated with a painted strip along the outside perimeter of the area. 8. All vehicles for sale shall be located within the area designated for display on a paved surface. No vehicles shall be displayed on raised platforms,earthen berms,landscape islands,or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 9. There shall be no storage of tires, merchandise,or debris of any kind outside of the building. Item#D1 &D2 5073 Virginia Beach Boulevard Page 3 10. There shall be no outside audio speakers for any purpose. 11. No outside storage of vehicles in a state of obvious disrepair shall be permitted. 12. The existing spinning freestanding sign shall be removed and replaced with a monument style freestanding sign with a brick base and shall be no taller than ten (10)feet in height measured from the ground to the top of the sign. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item D1& D2. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE IN MAN 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 D1& D2 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. _.] / I/ / si S / in , V , i . N, hit. / 1 i, /.. / / i la N. / . ' . , . . '. i -,. _-.. CO ' / j,/ a , / / ,,, , . ,' , ' li it / , -- 0 02" J ; . , / . ,. 1/147 ---1 enueit ___ V ewe A : • Ai suue.j — // ki? , , , I, ) • , Mr alWg i / ‘44V i / 4 / 1 // // 4+/ a / N / 00• _...._ 1/ / / / 1 i ' / /I I / ,,------- - ' -....... // (II/ anuenv Aesier / i 4 -ir , [ „.„,,,,, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize a Temporary Encroachment into a Portion of the City property known as Bass Inlet — East, located at the rear of 2812 Bluebill Drive MEETING DATE: September 5, 2017 • Background: Joy M. Gianvittorio and Richard G. McClelland have requested permission to remove an existing pier, and to construct and maintain a proposed pier (10' x 23') (the "Encroachment") at the rear of their property located at 2812 Bluebill Drive. The Encroachment would extend 6.8 feet into the City's property known as Bass Inlet - East. • Considerations: City staff has reviewed the requested encroachment and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Bass Inlet — East. • Public Information: Advertisement of City Council Agenda. • Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Pictures, Location Map, Disclosure Statement, Ordinance and Agreement. Recommended Action: Approval of the ordinance. Submitting Dep - ent/Agency: Public Works/Real Estate • - ? ; City Manager: l 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO 5 A PORTION OF THE CITY PROPERTY 6 KNOWN AS BASS INLET - EAST 7 8 WHEREAS, Joy M. Gianvittorio and Richard G. McClelland desire to remove 9 an existing pier and to construct and maintain a proposed pier (10' x 23') upon the City's 10 property know as Bass Inlet- East, located at the rear of 2812 Bluebill Drive. 11 12 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 13 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 14 the City's property subject to such terms and conditions as Council may prescribe. 15 16 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 20 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Joy M. Gianvittorio and Richard 21 G. McClelland, their heirs, assigns and successors in title are authorized to remove an 22 existing pier and to construct and maintain a proposed pier (10' x 23') upon the City's 23 property known as Bass Inlet -East as shown on the map entitled: "Exhibit "A"- 24 Encroachment for Richard McClelland &Joy M. Gianvittorio 2812 Bluebill Drive," prepared 25 by Professional Construction Consultants, LLC, dated May 15, 2017 and revised July 14, 26 2017, a copy of which is attached hereto as Exhibit "A", and on file in the Department of 27 Public Works and to which reference is made for a more particular description; 28 29 BE IT FURTHER ORDAINED, that the Temporary Encroachment is 30 expressly subject to those terms, conditions and criteria contained in the Agreement 31 between the City of Virginia Beach and Joy M. Gianvittorio and Richard G. McClelland (the 32 "Agreement"), an unexecuted copy of which has been presented to the Council in its 33 agenda, and will be recorded among the records of the Clerk's Office of the Circuit Court of 34 the City of Virginia Beach; 35 36 BE IT FURTHER ORDAINED, that the City Manager or his authorized 37 designee is hereby authorized to execute the Agreement; and 38 39 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 40 such time as Joy M. Gianvittorio and Richard G. McClelland and the City Manager or his 41 authorized designee execute the Agreement. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 44 day of , 2017. 1 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS, REAL ESTAT .1. A ,fi.' R H /17v EYER .ki 1-"l SENIOR/CITY ATTORNEY CA14002 R-1 PREPARED: 7/20/17 \\vbgov.com\dfsl\applications\citylawprod\cycom 32\wpdocs\d014\p026\00385284.doc 2 -), r W BASS INLET -EAST ,......11, h PROPOSED 10'x23' PIER -\ N/F COY OF VIRGINIA BEACH M B 78 PG. 50 GRIN: 2433 33 0267 EX. PIER TO BE REMOVED 6.8' (ENCROACHES 5.6' INTO CVB PROPERTY) 2 , MLW AND MHW REACH S 10'43'00" E 100.00' I�a O EX. BULKHEAD 35.3 i� � EX TIMBER BULKHEAD L I TURF TURF I PROPOSED PIER WILL 1—MHW-1 ENCROACH MAX. 6.8' GRAVEL INTO CVB PROPERTY 7„------- . RAMP ' III POOL II •ID \:\).' '-' : • -'' ;77' 0 oIt I L. Y TURF w I , 1 1 IL ,. 1 h II I 12x0 STY DECKIi 11 p I I, O) LOT 4 n 2 STORY FRAME o 0 N/F BRIAN SUTRYKI Z 112812 TURF d LOT 6 2808 BLUEBILL DRIVE 1f In N/F BRYAN WHITE GPIN: 2433 26 6292 2816 BLUEBILL DRIVE GRIN: 2433 26 7064 I L --- n • m j CONE. GRAVEL r DRIVE�1 DRIVE U) LOT M.B. 78PG. 50 -. r H GPIN: 2433 26 7133 I. ! P� `�� � / /t PIN (F) e N 10'43'00" W 100.00' lir/ �wj O • BLUEBILL DRIVE 0 RICHARD T. BARTLETT > ; 50' R/W Lic. No. 18335 1 This site plan is based on plat recorded in _C JULY 14, 2017 � (CVB) M.B. 78, Pg. 50 and was prepared OX' ((i without the benefit of a title search. <" 'N 0 30' 60' REV 7/14/2017 s/0111 A L �� EXHIBIT "A" — ENCROACHMENT 1" = 30' FOR ZONING: R-15 RICHARD G. McCLELLAND & JOY M. GIANVITTORIO 2812 BLUEBILL DRIVE ENGINEERING SERVICES PROVIDED BY: ` PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC. PHONE (757) 773-8084 EMNL: RICKOPCC-LLC.COM MAY 15, 201 7 SHEET 1 OF 1 TS C fo i V F� c.� r' 13 fa' il . , , .oi' ! ko' . :1''',1''',";.1;1 l'..''4'''1*,..:",.'''''' ' . . --..' '':-:'''.' i. - C▪Z r,� r ' 13 C fa il '� O rE O \\-- t , s F •.d ,111 i ;} y 1,Z-::- •c TLI • (13 T- a,I .? O W,- r, ....• i4.,,, :., ._.„. V0,y :,.4.,...:. II -lc • • _ \ . 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W •� o� M in T N Z w E 42 cu x 1.- ,- II cu 0 •• u :`,„' u 3 Vi / \NO0d «Q a (� CO J O a i N c.) r-I C 00 W N Virginia Beach APPLICANT'S NAME Rich McClelland ai4 bL-1, � ,� v r'/ 'r`�= DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must he updated two {2)vaeeks prioi to any Page 1 of 7 Planning Commission and City Councilmacciiiq that pertains to the appii:alioriis). APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DA.T c REVISIONS SUBMITTED 144 &Z' Virginia Beach X 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:Rich McClelland 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 footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ri Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:' i(hi 14. If an LLC, list the member's names: Page 2 of 7 \flA 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 § 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 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) I I X Accounting and/or preparer of your tax return f/\I VAArchitect / Landscape Architect / I Land Planner n n Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed VAI purchaser of the subject property /\I (identify purchaser(s) and purchaser's service providers) XConstruction Contractors � C Engineers / Surveyors/ Agents Rick Bartlett, P.E., PCC-LLC Financing (include current X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) XLegal Services Real Estate Brokers / X Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have (XI 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 ri f '_ I EP— ''. : , ,. ., , , • , „MIL? . Virginia Beach . 1 CERTIFICATION: 1 certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. — Rich McClelland , /_ /t -1- — r 23 s APPC CANT'S SIGNATURE PRINT NAME DATE f Page 5 of 7 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this rti day of 41.14.4_47201 ' , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and Joy M. Gianvittorio and Richard G. McClelland, 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 Five (5),"; as shown on that certain plat entitled: "Revised Plat Sandbridge Shores, Section 1-A, North Area Princess Anne Borough, Virginia Beach, Virginia" , prepared by Palmer L. Smith C.L.S, and dated December 1, 1965, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 78, at page 50, and being further designated, known, and described as 2812 Bluebill Drive, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to remove existing pier and construct and maintain a proposed pier (10' x 23'), the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Bass Inlet - East the "Encroachment Area"; and GPIN: 2433-33-0267(CITY PROPERTY - BASS INLET - EAST) GPIN: 2433-26-7133(2812 BLUEBILL DRIVE) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT `A' — ENCROACHMENT FOR RICHARD MCCLELLAND & JOY M. GIANVITTORIO 2812 BLUEBILL DRIVE" prepared by Professional Construction Consultants, LLC, dated May 15, 2017 and revised July 14, 2017, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. 3 It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Joy M. Gianvittorio and Richard G. McClelland, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 4 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 201_, by CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 5 By Joy M. n iv ttorio, Owner Richard G. McClelland, Owner STATE OF - 3 CITY/COUNTY OF J 1, to-wit: The foregoing instrument was acknowledged before me this31 day of IIG(,la , 201 -7, by Joy M. Gianvittorio. &IL. __ • . ., 'L (SEAL) Notary Pu.lic Notary Registration Number: -A5 a 11.073 My Commission Expires76 (i xnh ( 31 Ov1-O STATE OF CITY/COUNTY OF a . ��. o-wit: The foregoing instrument was acknowledged before me this��� day of (.61(KM-I , 201a, by and Richard G. McClel d. i.A.)d,ILL (SEAL Notary Public Notary Registration Number:-75a / L 7-3 My Commission Expires cO 0 6 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SIGNATURE - 1 I • • "MEYER, ASSOCIATE CITY ATTORNEY cL2C)-- tct-/:-Q DEPARTMENT 7 w BASS INLET —EAST , „:„A. ,'.- . PROPOSED 10'x23' PIER -- N/F crry OF VIRGINIA BEACH M.B 78 PG. 50 GPIN: 2433 33 0267 EX. PIER TO BE REMOVED 6.8' (ENCROACHES 5. INTO CVB PROPERTY) 2. MLW AND MHW REACH S 10'43'00" E 100.00' ME-O EX. BULKHEAD 35.3 I=ice EX. TIMBER BULKHEAD L ' TURF TURF 4 PROPOSED PIER WILL - A ENCROACH MAX. 6.8' INTO CVB PROPERTY GRAVEL I RAMP 111 POOL 'I' • b I 0 in MIIIIIIIIIII� O JO TURF I I i Li 2'1, Tri DECK 0 i. 1 en I LOT 4 Z 2 STORY FRAME � 0 0 N/F BRIAN SIJTRYKl #2812 TURF o LOT 6 2808 BLUEBILL DRIVE A I) N/F BRYMI WHfTE GPIN: 2433 26 6292 2816 BLUEBILL DRIVE GPM: 2433 26 7064 L_— ii-- o I L _-_J n 'In CONC. GRAVEL y DRIVE. DRIVE v) ILOM.B. 78T PG. 50H GPIN: 2433 26 7133 ` P1- I OF • &t,../Kzg,._ L/ PIN (F)N 10'43'00" W 100.00' BLUEBILL DRIVE o RICHARD T. BARTLETT 7,- 50' 50' R/W Lic. No. 18335 This site plan is based on plot recorded in JULY 14, 2017 Q i3 (CVB) M.B. 78, Pg. 50 and was prepared 0 �� without the benefit of a title search. e cD\ REV 7/14/2017 c/O N A IL 1" = 30' EXHIBIT "A" — ENCROACHMENT FOR ZONING: R-15 RICHARD G. McCLELLAND Sc JOY M. GIANVITTORIO 2812 BLUEBILL DRIVE ENGINEERING SERVICES PROVIDED BY: PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC. PHONE (757) 773-8084 EMNL: RICKOPCC-LLC.COM MAY 15, 2017 SHEET 1 OF 1 4 Tit s, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize a Temporary Encroachment into a Portion of the City Property Known as Black Duck Inlet, Located at the Rear of 305 Back Bay Crescent MEETING DATE: September 5, 2017 • Background: Marshall H. Groom, Jr. has requested permission to construct and maintain a marginal wharf (8' x 16') upon the City property known as Black Duck Inlet located at the rear of 305 Back Bay Crescent, in Sandbridge. A marginal wharf is a wood structure that is usually longer along the face of the bulkhead than it is wide. There are similar encroachments in Black Duck Inlet. • Considerations: City staff has reviewed the requested encroachment and has recommended approval of same, subject to certain conditions outlined in the Agreement. • Public Information: Advertisement of City Council Agenda. • Alternatives: Deny the encroachment, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Pictures, Location Map, Disclosure Statement Form, Agreement, Ordinance and Exhibit "A". Recommended Action: Approval of the ordinance. Submitting Dep. ment/Agency: Public Works/Real Estate .) o lAr CityManager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO 5 A PORTION OF THE CITY PROPERTY 6 KNOWN AS BLACK DUCK INLET, 7 LOCATED AT THE REAR OF 305 8 BACK BAY CRESCENT 9 10 WHEREAS, Marshall H. Groom, Jr. desires to construct and maintain a 11 marginal wharf(8' x 16') upon the City's property known as Black Duck Inlet, located at the 12 rear of 305 Back Bay Crescent. 13 14 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 15 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 16 the City's property subject to such terms and conditions as Council may prescribe. 17 18 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Marshall H. Groom, Jr., his 23 heirs, assigns and successors in title are authorized to construct and maintain a marginal 24 wharf (8' x 16') in the City's property as shown on the plat entitled: "EXHIBIT "A" 25 ENCROACHMENT REQUEST FOR: MARSHALL H. GROOM, JR. LOT 41 , BACK BAY 26 MEADOWS REVISED 07-25-2017" prepared by Sigma Environmental Services, Inc., 27 dated May 19, 2017 and noted as "Sheet 2 of 3", a copy of which is on file in the 28 Department of Public Works and to which reference is made for a more particular 29 description; and 30 31 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly 32 subject to those terms, conditions and criteria contained in the Agreement between the City 33 of Virginia Beach and Marshall H. Groom, Jr. (the "Agreement"), an unexecuted copy of 34 which has been presented to the Council in its Agenda and it will be recorded among the 35 records of Clerk's Office of the Circuit Court of the City of Virginia Beach; and 36 37 BE IT FURTHER ORDAINED, that the City Manager or his authorized 38 designee is hereby authorized to execute the Agreement; and 39 40 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 41 such time as Marshall H. Groom, Jr. and the City Manager or his authorized designee 42 execute the Agreement. 1 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 44 day of , 20_ CA- 13999 R-1 PREPARED: 8/2/17 \\vbgov.com\dfsl\applications\citylawprod\cycom32\wpdocs\d029\p024\00382146.doc APPROVED AS TO CONTENTS APPROVED AS TO LEGAL • . ENpY AND FORM 011 a 7i:LI ' ORKS, REAL ESTATE A'MEYER S 'IOR CITY ATTORNEY 2 • PLAN VIEW SCALE: 1" = 30' r BLACK DUCK INLET CITY OF VIRGINIA BEACH WATERWAY WIDTH APPROX. 140' ,4 FLOOD /6.01/ /EBB 4.7' ' 1'AT BULKHEAD CORNER 2. 1 ---*\\�\\\ S67°41"W 75.14' T 1 1 2 EXISTING BULKHEAD 5.0' PROPOSED 8'X 16' / MARGINAL WHARF / o // / .§ IIIII� U 2 Sty.SFR 305 o 1 s67°41'W 2to 25.54' LU m LOT 40 N MAYNARD E.LICHTY ------------- A `) INS.#200311200193238 GPIN:2433-32-5429 1111E11111 LOT 42 LANDWARD LIMITS OF >- STEVEN T.HAMMER Q 15'RIPARIAN BUFFER INS.#20110805000793420 w GPIN:2433-32-3304 '" > L 0 u LOT41 W w INS.#20150720000685890 L11 U GPIN:2433-32-3399 U <A MB 67,P.45 z z— O O U p- c) D X 1— N z U U N 67°41'E 135.00 APPROX.210'TO 41 SAND BEND ROAD BACK BAY CRESCENT (50' R/W) E SIGMA ENVIRONMENTAL SERVICES,INC. 1513 SANDBRIDGE ROAD VIRGINIA BEACH,VIRGINIA 23456 (757)615-9974 EXHIBIT"A" PROJECT: MARGINAL WHARF ENCROACHMENT REQUEST FOR: MARSHALL H.GROOM,JR. WATERWAY: BLACK DUCK INLET DATUM: 0.00'MLW=-0.4' 1929 NVGD LOT 41, BACK BAY MEADOWS REVISED:7-25-2017 DATE: MAY 19,2017 SHEET 2 OF 3 Ag . . �, yy 1it :furl t itCU VI kO` •` '' O t' tYk f 1.,,, _ I."i,',,,4.• . , $.,y r t' i.,.../.1i,,,- . , _, 4,' ,,t, 1 :: Y'Af',.: 14.'.4'-'4t-.1.,--- . C • _ : 1 : ; , . ' }� 7 Y. .+�A- fid`- _ O cu 14 1 C O (1) O J 73 ___,,;,:;1___77ii:fu' • C illi ,1,;:.,:::T:' fCC f E . am— -- f__,' .--_-- ..!=-,:-_:.,. 111 C CI �•i s ..-•••.:i•' • s Cr) N M CD i 111. mei. 4 i!#_ W M a. �9li; � •,G C M v,„ ,_,,,., I ,_ 0 _� N Z a • -C of ;-+ z ;t O = O CC LJ ., 'fes _ V ' O A ,a O fB E m tY U U f: fa O 0o i U Ln C 0 w Q. E fiw w w _\- of c > 1- N (- Lu20W LT m 0 01000 (N 0 -, QO � CCZW �T I rl N § C U r� CD --- o co Q) d\ co ` '` Q1QWN,' UU = XZ Li Ce F- / - o mayR� , NSENA6 . 0CeZa0mU go ; / c o ' � 0M iw Z a) U a c-- f5 i \ E o rrL^^ V • \ 0 _ 2 dv. - Ca 01 �J60 ` fa N \.. t G M a-+ M f: M U % \ O N C Q � ` . Q a �, CU m C N C • y j3H '4"+ \ ,y H -g a) c ^, p1 ` `y i I........................."......./---------- R h Q C (s- C U N L ,C 3 W V y m ~ ) f CO 0 yid g CU co m m J z° t �C U U Co fa O CO 1- C.) V Ll1 Co W M w\TB Virginia Beach APPLICANT'S NAME S tl-,zs A N C:.R , z, ��iz. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two (2)weeks prior to any I Page 1 of 7 Planning Commission and C,ty Council meeting that pertains to the aoplication(s). 0 APPLICANT NOTIFIED OF HEARING DATE. El NO CHANGES AS OF DATE: El REVISIONS SUBMITTED DATE 1 QN01..1C Wo/p, S 1 JUN 01 1017 *'94 ESTAZ- Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 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: X1'1 f RSth 4. z-- H. �R�x-c, �R• If an LLC, list the member's names: Page 2 of 7 Ur;of 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 § 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 7 NIB APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) r✓ Accounting and/or preparer of tt your tax return Architect / Landscape Architect/ Land Planner C 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) I I Construction Contractors Fkti+2-r-R,sTrL Engineers / Surveyors/Agents S, -xs& Ei tut//to NM.4ePVT L Financing (include current TOtsN ti, mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 't Legal Services Real Estate Brokers / Agents/Realtors for current and f 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 4 of 7 Lin:n: /13 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. � �1/tc`C� `n // ch,77 /c( G•��, L v- 3-1./c-0,, APPLIC 'S SIGNATURE PRINT NAME DE Page 5 of 7 CYrp n; OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return l l Architect / Landscape Architect/ Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed Com- purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors FR14-rutiiT/1-sTr Engineers /Surveyors/Agents S 16 1A4-t1 Mce&r,f-c.- Financing (include current 0.9 E it-Al ti mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / n ( ,- Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 • tit .Th0, Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. PROPERTY O ER'S SIGNATU E PRINT NAME DATE Page 7 of 7 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of v J, , 201 7 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and Marshall H. Groom, Jr., HIS 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 41, Section 3, Back Bay Meadows Subdivision"; as shown on that certain plat entitled: "Section 3, Back Bay Meadows, Property of North Bay Development Corporation, Princess Anne Borough, Virginia Beach, Virginia", dated July 16, 1964 prepared by W. B. Gallop, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 67, at page 45, and being further designated, known, and described as 305 Back Bay Crescent, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a marginal wharf (8' x 16'), the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Black Duck Inlet the "Encroachment Area"; and GPIN: 2433-32-2156; (CITY PROPERTY KNOWN AS BLACK DUCK INLET) GPIN: 2433-32-3399; (305 BACK BAY CRESCENT, VIRGINIA BEACH, VA 23456) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT "A" ENCROACHMENT REQUEST FOR: MARSHALL H. GROOM, JR. LOT 41 , BACK BAY MEADOWS REVISED 7- 25-2017" prepared by Sigma Environmental Services, Inc., dated May 19, 2017, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 3 It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Marshall H. Groom, Jr., the said Grantee, has caused this Agreement to be executed by his signature. 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. 4 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 201_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 5 By v'` Mar.. all H. Groom, Jr., Owner STATE OF CITY/COUNTY OF \t�.�Q,i; z , to-wit: � The foregoing instrument was acknowledged before me this o2r/a day of N , 201n, by Marshall H. Groom, Jr. (SEAL) � to Public Notary Registration Number: 13`7431 b JACQUELINES.SPROUSE NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES APRIL 30,2018 My Commission Expires: `mac c- 3 Z6' COMMISSION 07374870 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL NC AND FORM 01* . SIGNATU - . H -INI'EYER SENIOR CITY ATTORNEY /2; DEPARTMENT 6 • PLAN VIEW SCALE: 1" = 30' ti BLACK DUCK INLET CITY OF VIRGINIA BEACH WATERWAY WIDTH APPROX. 140' FLOOD '6 01'AT BULKHEAD CORNER 2.2' 4 7 EBB \\\\* S67`41'W 7514 5.0' 4----,, 1 2 EXISTING BULKHEAD / PROPOSED 8'X 16' / MARGINAL WHARF / 0 0 m W / E --- [Th / 2 Sty.SFR 305 g 1 S67°41 W 2 - 8 25 54 w m LOT 40 ' MAYNARD E. LICHTY ------------- w INS.#200311200193238 -I GPIN:2433-32-5429 111.1111 LANDWARD LIMITS OF LOT 42 } STEVEN T. HAMMER N Q 15'RIPARIAN BUFFEREg INS.#20110805000793420 tii GPIN:2433-32-3304 E col LOT 41 w wIINS.#20150720000685890 w 0 GPIN:2433-32-3399 0 Q MB 67,P.45 O O U H U D IX I- N Z II U N 67°41 E 135.00 APPROX.210'TO SAND BEND ROAD BACK BAY CRESCENT (50' R/W) Fr SIGMA ENVIRONMENTAL SERVICES,INC. 1513 SANDBRIDGE ROAD VIRGINIA BEACH,VIRGINIA 23456 (757)615-9974 EXHIBIT"A" PROJECT: MARGINAL WHARF ENCROACHMENT REQUEST FOR: MARSHALL H.GROOM,JR. WATERWAY: BLACK DUCK INLET DATUM: 0.00'MLW=-0.4' 1929 NVGD LOT 41,BACK BAY MEADOWS REVISED:7-25-2017 DATE: MAY 19,2017 SHEET 2 OF 3 �u .. Sj i;t^' .: CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of the City Property Known as Lake Holly by Lake Holly East, a Condominium. MEETING DATE: September 5, 2017 • Background: Lake Holly East, through its Unit and Owners' Association (the Applicant), has requested permission to remove an existing 6.5' x 17.5' pier, maintain an existing bulkhead encroaching a maximum of 3.2' into City of Virginia Beach property, construct and maintain a proposed 253' timber or vinyl bulkhead and construct and maintain an 8' x 18' pier, all upon the City property known as Lake Holly located adjacent to 401, 403 & 405 Erle Crescent. The Encroachment will extend a maximum of 9.5' into the City's property known as Lake Holly. Similar encroachments exist in Lake Holly. • Considerations: City Staff has reviewed the requested encroachments and recommends approval, subject to the terms and conditions outlined in the Agreement. • Public Information: Advertisement of City Council Agenda • Alternatives: Deny the encroachments, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Pictures, Location Map, Plat, Disclosure Statement Form, Agreement and Ordinance. Recommended Action: Approval of the ordinance. Submitting Departmt gency: Public Works/Real Estate A. x City Manager: C :. 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF THE CITY 6 PROPERTY KNOWN AS LAKE HOLLY 7 BY LAKE HOLLY EAST, A 8 CONDOMINIUM. 9 10 WHEREAS, Lake Holly East, through its Unit Owners' Association (the 11 "Applicant") desires to remove an existing 6.5' x 17.5' pier, maintain an existing bulkhead 12 encroaching a maximum of 3.2' into City of Virginia Beach property, construct and maintain 13 a proposed 253' timber or vinyl bulkhead and construct and maintain a proposed 8' x 18' 14 pier, all upon the City's property known as Lake Holly, located adjacent to 401, 403 & 405 15 Erle Crescent collectively (the "Temporary Encroachments"); and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Lake Holly East, a 26 Condominium, its assigns and successors in title are authorized to remove an existing 6.5' 27 x 17.5' pier, maintain an existing bulkhead encroaching a maximum of 3.2' into City 28 property, construct and maintain a proposed 253' timber or vinyl bulkhead and construct 29 and maintain a proposed 8' x 18' pier, all upon the City's property known as Lake Holly as 30 shown on the plat entitled: "EXHIBIT"A"- ENCROACHMENT FOR LAKE HOLLY EAST, A 31 CONDOMINIUM," prepared by Professional Construction Consultants, LLC., dated June 32 12, 2017, a copy of which is attached hereto as Exhibit"A" and on file in the Department of 33 Public Works and to which reference is made for a more particular description; and 34 35 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 36 expressly subject to those terms, conditions and criteria contained in the Agreement 37 between the City of Virginia Beach and Lake Holly East, a Condominium (the 38 "Agreement"), an unexecuted copy of which has been presented to the Council in its 39 agenda, and will be recorded among the records of the Clerk's Office of the Circuit Court of 40 the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 1 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as Lake Holly East, a Condominium and the City Manager or his authorized 46 designee execute the Agreement. 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 48 , 2017 CA 438370 1398(c. R-1 PREPARED: 8/23/17 \\vbgov.com\dfs 1\applications\citylawprod\cycom 32\wpdocs\d001\p020\00330254.doc APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM Z.\ 1 1111 PU:LIC ORKS, REAL ESTATE NA R' h44REf1�l YER SENIOR CITY ATTORNEY 2 This site plan is based on plot recorded in s LAKE HOLLY (CVB) M.B. 139, Pg. 42 and was prepared PROPOSED BULKHEAD WILLwithout the benefit of a title search. a �1- ENCROACH MAX. 3.8 N/F CITY OF VIRGINIA BEACH INTO CVB PROPERTY ,1111P-Al• 700 PACIFIC AVENUE PROPOSED PIER WILL GPIN: 2427 23 1671 N ENCROACH MAX. 9.5' M.B. 139 PG. 42 INTO CVB PROPERTY o PROPOSED 253' TIMBER OR VINYL BULKHEAD O PROPOSED 8'x18' PIER TURFREMOVE EX. J 8e, h 6.5'x17.5' PIER (-///>. c5. (ENCRoncNEs s.a �� INTO CVB PROPERTY) %2ND STY. DECK/ — r Lc,, O = z h ro #405 w — o � ci,s�k ' < CN o ,QcL z F ,Nz w T z0 o_ z�o o in TWO STORY BRICK ASPHALT f 1 PARKING AREA 0 F7 °J \l ---3.8' #403 TWO STORY BRICK EX. BULKHEAD ENCROACHES MAX. 3.2' 3 #401 INTO CVB PROPERTY o N TH OF I I in�4 �i/ I I LOTS 1,2,3,4,5 in ozi - I I M.B. 139 PG. 42 — o w5AMPs GPIN: 2427 13 6818 ` Z 0 RICHARD T. BARTLETTi 821E 150.00' 1 C' Lic. cNo. 18335 Z JUNE 12, 2017 • Q-: MARY�,N D AVE U E o ��" 50' R/W 0 30' 60' .d imid EXHIBIT "A" — ENCROACHMENT 1" = 30' FOR ZONING: A-36 LAKE HOLLY EAST, A CONDOMINIUM ENGINEERING SERVICES PROVIDED BY: PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC. 7 PHONE: (757) 773-8084 EMAIL RICKOPCC-LLC.COM JUNE 12, 2017 SHEET 1 OF .,44. ,i,,t..4„,:,,, r;....4.„•_,,,e...:..7,....;-„„4427,..„ _',.-Z,../.„ it y4�i T -�� i• qlh� am c ,, " e� �... _ , . :•,v ,v.--.1.-.,....g,„0,,,.:4; 1,7, J! no 4, g E ,': ! rr _}, i. 4 ; -/-- ' ti/ ''r �a _ •- 0 \ ,. ,, _-- ir \ . ' ' ''l'1,-.-;-',-.' A ods = � Q� O CU (13 CC sae'. � i q'�, s'.. A y A 1 ma aft,''N',..1 ,,,,,,,.0,...‘ i k - • :,,,,Q..z.,,,,fitNN'itits,t\44,-,,,itsitr. *\,, , , _ CU yr idi ,, '1,-,,,,- , Alik,, s E >16 4 t Ilt--- \ ' ,,A\ ,\‘:1,t,:k\ k\ . 1 \ \ \ \ 0 •111.11 ri' �' ;,, ,;'� `A ; y, u .. 0 �, �� #� rr ,. 7 V � • • : 7 '',/,1 le 11,`41e0 lil . ' 4 ' ' ' to# C � ,�I 4,,i� :d ii. ,Y L'� / co ., ii gri 0 E , . •_ „.: ,,,i,. .,!•,,..1,;' ,,,,.,..,,,,. , .f,i ,, , aaa-aa I , �i i.,.., , .,.,•, ,..., ,-..,.,,,;,,it ,,,,,,.,... , ,, ,„,,„ , , „id1 ;. i Y ,:. ', Q. C las: ;5:' ?1,;,,,,1V-:" 14{ O, L,I s i. '1 z v CIN) C kCy U CO CC a 113 '�ef. z�r '' 1 ^, CD nimmi � !' r ; +r" TT E co Y!, , �! rr HI . - „„ _„, .4.0p,-.0,.. jot ilk + " No. — W l, + _141b- .CD = U _ 0 • F = co O i ill difm+ ! W J J Cn U L W c ek • • co Z la p W p U ~ N w Q O Z o0 ZQ � ZUcot O W co z~ _ E • V OO UNOQ • QLuLLa.1JNe U U W x ki O Q >- Zo 6S2 Owa ^ co F z o \ •/ Q u R� 1C V AJ I I 0. .,,, u., , I 7 Z / 4 U -- -_ 0 ___ .t_- .--. coc I/ !� 1 \ ... T '- CO ) til v /� CO FN • W w Z vm _\ 0,\______ li si vir - g E . . ,F.1/41_ - 03 : is l 8 1 °' _• V0 N O qq (13T i ",„,. J .13Ja Q1--------\11----‘ 0, O 7 z F a a O NywL W) - > V i41:N rnuecK RD s � C d � 6 cdCca, - O C d . Virginia l;e;ucli APPLICANT'S NAME Teresa Rice, Pres Lake Holly East Condo's 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 !)I; ( I1 t)S Page 1 of 7 0 ,PPI IC ;NI \C1111I! !) tif 0,1 :`1, H.\ 3125/i7- ▪ R1li<>10.,, `,!It<'.tli '11- 1 r awe � 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:Teresa Rice 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 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 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:Teresa Rice, Pres Lake Holly If an LLC, list the member's names: Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 4 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 lahrginia Beach YES NO SERVICE PROVIDER(use additional sheets If • needed) Accounting and/or preparer of CPA 4U 1219 Nudcols Rd your tax return Glen Allen,VA ❑ 0 Architect/Landscape Architect / Land Planner D Contract Purchaser (if other than ej 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) 'irj Construction Contractors ® Engineers /Surveyors/Agents Rick Bartlett,P.E.,PCC-LLC Financing (Include current D ® 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 • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have a r an interest in the subject land or any proposed development `A! 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 amo d .•�,,,.....-- teach • CERTIFICATION: 1 certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Ap lication. W _ Teresa Rice 7-N-/f APPUCANT'SS SIGNATURE PRINT NAME DATE Page 5 of 7 OWNER VirginiaBeath.. YES NO SERVICE PROVIDER luse.additional sheets If needed) ® Accounting and/or preparer of CPA 411 11219 Nuckols Rd your tax return Glen Allen,VA 0 Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than Elthe Aopjicant)- identify purchaser and purchaser's service providers Any other pending or proposed n ' purchaser of the subject property l 1w (identify purchaser(s)and purchaser's service providers) ® Construction Contractors ❑ Engineers/Surveyors/Agents Rick Bartlett,P.E.,PCC-LLC Financing (include current rmortgage holders and lenders r., selected or being considered to provide financing for acquisition or construction of the property) Li ® 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 NI an interest in the subject land or any proposed development contingent on the subject public action? If yes, what Is the name of the official or employee and what Is the nature of the interest? Page 6 of 7 ,• Fr, : . 1 . ,-..+o. •- Beach CERTWICAnQN: ! I certify that all of the information contained In this Disdosure Statement Form Is complete,true, and accurate. I understand that, upon receipt of notification that the application has been I scheduled for public hearing, I am responsible for updating the information 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 !cation. Teresa Rice PROPERTt OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) OTHIS AGREEMENT, made thiso4 day of , 201 7, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and LAKE HOLLY EAST, A CONDOMINIUM, ITS, 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 "Lots No. 1, 2, 3, 4 & 5 in Block No. A "; as shown on that certain plat entitled: "PHYSICAL SURVEY AND SITE PLAN OF LAKE HOLLY EAST, A CONDOMINIUM 401, 403 & 405 ERLE CRESCENT VIRGINIA BEACH BOROUGH — VIRGINIA BEACH, VIRGINIA" dated June 12, 1979 and prepared by Rouse-Sirine Associated LTD, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 139, at page 42, and being further designated, known, and described as Erle Crescent, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to remove an existing 6.5' x 17.5' pier, maintain a 47' bulkhead encroaching a maximum of 3.2' into City of Virginia Beach property, construct and maintain a proposed 253' timber or vinyl bulkhead and GPIN: 2427-23-1671- City Property known as Lake Holly GPIN: 2427-13-6818 - ERLE CRESCENT, VIRGINIA BEACH, VA 23451 construct and maintain a proposed 8' x 18' pier, collectively the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Holly the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT "A" - ENCROACHMENT FOR LAKE HOLLY EAST A CONDOMINIUM," dated June 12, 2017, prepared by Professional Construction Consultants, LLC, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The 3 Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City rday charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, LAKE HOLLY EAST, A CONDOMINIUM, the said Grantee, has caused this Agreement to be executed by Teresa Rice, President of said condominiums, with due authority to bind said Grantee. Further, that the City of 4 Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, On its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 201_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 Lake Holly East, a Condominium By (SEAL) Teresa Rice, President of Unit Owners' Association STATE OF CITY/COUNTY OF :j'zif / , to-wit: The foregoing nstrument was acknowledged before me this 6 day of el2017, by Teresa Rice, Preside Lake Holly East, a Condominium. i--/ _ ` _.- . ar__ (SEAL) Notary Public c_ CHARLOTTE PANTHER � �;,� NOTARY PUBLIC (,' `..r .1 REGISTRATION # 113736 • ,.1 COMMONWEALTH Of VIRGINIA Notary Registration Number: /13 736 ,,4.,: !. MY COMMISSION EXPIRES 9 r ' SEPTEMBER 30, 2017 My Commission Expires: - Jo - /7. APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM . ---\- __,a)...L c\ssLr.i.. ISA" SIGNATURE D`• r,''. ' R YER SENIOR CITY ATTORNEY V„&, :r.,\\. ,;,,x_D .,,vcthog DEPARTMENT 7 This site plan is based on plot recorded in S LAKE HOLLY (CVB) M.B. 139, Pg. 42 and was prepared PROPOSED BULKHEAD WILL • without the benefit of a title search. a ....41j• ENCROACH MAX. 3.8' N F CITY OF VIRGINIA BEACH i At INTO CVB PROPERTY ,� 700 PACIFIC AVENUE PROPOSED PIER WILL GRIN: 2427 23 1671 N ENCROACH MAX. 9.5' M.B. 139 PG. 42 INTO CVB PROPERTY b PROPOSED 253' 'TIMBER OR VINYL BULKHEAD 111) PROPOSED 8'x18' PIER TURF J REMOVE EX. 86 h 6.5'x17.5' PIER ///�/,.//; , .j/; ,., Cb. (ENCROACHES 6.4' /�/2"o STYE/DECK _ INTO CVB PROPERTY) •'.% r co O = z z ro N #405 N ,w vii mQ, • <'--N1 cr;I— C)U d F-l.., \ O Z a J J Nz W T zea in TWO STORY BRICK ASPHALT . •II PARKING AREA N r.O .�_ ..� --3.8' V1 . #403 TWO STORY BRICKEX. BULKHEAD ENCROACHES MAX. 3.2' 3 #401 INTO CVB PROPERTY � F ��T H OF /,' cors 1,2,3,4,6 7 M.B. 139 PG. 42 — o / GPIN: 2427 13 6818 \ Z 4, Kg‘ "-Z--- CD RICHARS T. BARTLET 182515 •"" E 150.00' Tr Lic. No. 18335 MARYLAND AVE N UE JUNE 12, 2017 o� ,, 5C R/W F, , ONAL , C3 0 30' 60' illi iiii `I EXHIBIT "A" — ENCROACHMENT 1" = 30' FOR ZONING: A-36 LAKE HOLLY EAST, A CONDOMINIUM ENGINEERING SERVICES PROVIDED BY: PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC. PHONE (757) 773-8084 EMAIL, RICKOPCC—LLC.CON JUNE 12, 2017 SHEET 1 OF CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City Property Known as Lake Holly Located at the Rear of 312 Arctic Crescent MEETING DATE: September 5, 2017 • Background: Lewis Schein and Sandra Harvey have requested permission to construct and maintain a 5' x 20' floating pier with an attached 5' x 3.33' side floating pier (the "Encroachments") into the City's property known as Lake Holly at the rear of 312 Arctic Crescent. The Encroachments are shown on the exhibit to the proposed encroachment agreement (the "Agreement") attached to this item. • Considerations: City staff has reviewed the requested Encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Lake Holly, which is where the applicants have request to encroach. • Public Information: Advertisement of City Council Agenda. • Alternatives: Deny the Encroachments, or add conditions to the Agreement as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Pictures, Location Map, Disclosure Statement, Agreement, Ordinance and Plat. Recommended Action: Approval Submitting Department/Agenc • Pub '- A orks/Real Estate l • rj b City Manager: Dave Hansen 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS LAKE HOLLY 7 LOCATED AT THE REAR OF 312 8 ARCTIC CRESCENT 9 10 WHEREAS, Lewis Schein and Sandra Harvey have requested permission 11 to construct and maintain a 5' x 20' floating pier with an attached 5' x 3.33' side floating pier 12 (the "Temporary Encroachments") at the rear of their property located at 312 Arctic 13 Crescent. 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 17 the City's property subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 23 and 15.2-2107, Code of Virginia, 1950, as amended, Lewis Schein and Sandra Harvey, 24 their heirs, assigns and successors in title are authorized to construct and maintain a 5' x 25 20' floating pier with an attached 5' x 3.33' side floating pier into a portion of the City's 26 property known as Lake Holly as shown on the map entitled: "PHYSICAL SURVEY LOT 4, 27 BLOCK B, MAP NO. 5 OF PROPERTY OF VIRGINIA BEACH DEVELOPMENT CO. (M.B. 28 5 P. 21) VIRGINIA BEACH, VIRIGNIA JUNE 20, 2017 FOR LEWIS SCHEIN & SANDRA 29 HARVEY" dated June 20, 2017 and prepared by DKT Associates, a copy of which is 30 attached hereto as Exhibit "A", and on file in the Department of Public Works and to which 31 reference is made for a more particular description; 32 33 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 34 expressly subject to those terms, conditions and criteria contained in the Agreement 35 between the City of Virginia Beach and Lewis Schein and Sandra Harvey (the 36 "Agreement"), an unexecuted copy of which has been presented to the Council in its 37 agenda, and after execution, will be recorded among the records of the Clerk's Office of 38 the Circuit Court of the City of Virginia Beach; 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized 41 designee is hereby authorized to execute the Agreement; and 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 43 such time as Lewis Schein and Sandra Harvey and the City Manager or his authorized 44 designee execute the Agreement. 1 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 47 day of_ , 2017. CA-14006 R-1 PREPARED: 07/27/17 \\vbgov.com\dfs 1\applications\citylawprod\cycom32\wpdocs\d026\p023\00387808.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS, REAL E FATE DANA R. HARiVIEYER'� `2.1 -r1 SENIOR CITY ATTORNEY 2 EXFHI ; A 1. THE LAND BOUNDARY SURVEY SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY PERFORMED ON JUNE 16, 2017 AND IN COMBINATION WITH THE PLAT(S)AND/OR DEED(S)REFERENCED HEREIN. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT. THE EASEMENTS APPEARING ON THIS SURVEY, IF ANY,WERE DEPICTED AND/OR NOTED IN THE REFERENCED PLAT(S)AND/OR DEED(S)UNLESS OTHERWISE NOTED. 2. THIS PROPERTY APPEARS TO FALL IN FLOOD ZONE(S)X AND AE (ELEV 8)AS SHOWN ON THE NFIP MAP FOR THE CITY OF VIRGINIA BEACH, MAP/PANEL 515531 0128 G, EFFECTIVE 01/16/15. L1 5.00' L2 6.00' L3 5.00' EZ Floating and side Floating Pier L4 20.00' L -t k C /4 n 1 } L7 L5 3.33' — - - 15.6' • 96.>=8o r L6 5.00' '�- 55 02"14/ 9.T, rn L7 8.33' (TIE L= , - L5 14.8'--_ ,111 ----- co, /- OS _ - q:.!../y-0D° {' 000 SAT.a --15.5' --- DISH RIP RAP �%-x-15.5' L1 - —x 4 A�L 41.5' o X 8,651 SF DECK A,O/ �/ I co \0.1986 AC 1,O p x 4'WIREN, 7.3' 74S PIN (F) e- \ FENCE\ x x x x♦ y o ' x co. x-_ x 'cP W x GENERATE" ^ STORY N o --- 31.6.---- --A- ' FRAME --18.7'- o x / v HOUSE et? L7 HVAC o co ' 6' .� #312 in O 43 x VINYL y Z �j. o x FENCE �7' 14.3' �Ls 'Si cx z o a x4'WIRE , y, �O C4 3'WIRE--- x FENCE \ I v FENCE x ;. 301.7' o x 4'WIRE co FENCE x 127.00'TO PC @ x --2.1' x � 15TH STREET X - X ix X - X _. . (M.B.1�5� L - 1.1' L=76.00' R=400.00' PIN (F) TELE. PED. ARCTIC CRESCENT (50') ��tiTH OF PHYSICAL SURVEY li /� LOT 4, BLOCK B, MAP NO. 5 OF D TSURVEYORS T A S s o c i a t e s PROPERTY OF VIRGINIA BEACH �� DEVELOPMENT CO. (M.B.S P.21) LAND "` DENNIS TAG BSCVIRGINIA BEACH, VIRGINIA JUNE 20, 2017 • Lc. Igo. 002i89 4' J For: LEWIS SCHEIN &SANDRA HARVEY 1100 Granby Street q 6/20/17 0 JOB: 14893 Scale: 1"=20' Suite 100 4, ' FB: 207 Size: LETTER Norfolk,VA 23510 .0 ` S L R DRAWN: JSO Revised: DKTAssociates.com Tel (757)588-5888 CHECK: DT Sheet: 1 OF 1 i _- — — _ y ler • i - ,s- _. �„r.„ . c r • • .010_,c Encroachment Request— Schein & Harvey Rear of 312 Arctic Crescent WN P9 • N '44,•" ____j-' lPl \ NE �� \ 'i16TMSj �1 t 1 11114111 1:41- .---- . ,'" \ % 0_,\.\\\ T'S NORF CIA AV - . i m _____<__,-----\\ \-- --------<":f4\T\ '.--,---- ' ca -,Ai„;4„; \,,a • ----- _----T-_7--- * , , _c___. RI :-ate \i i TM st m , 15ZH5I ✓ �4 - 17.1t, t ' 7.1 ',t-''''.,:'::. 1 t \ t- V4----IL.) ( 006--ciii, 1 \____ 1-: 4111N5'11/ '/N\ - - ',---" \, \ ' -f_.:il, .1/2ry ', . 1 -'\j7 1 1— �r -,, I .tom 1 � \ 4. �- _0.--i-5 LOCATION MAP \m -\ yT \ ENCROACHMENT REQUEST ,I, ' - : \ \ \lak ti 'r.. FOR `��! , P / % '� LEWIS SCHEIN & SANDRA HARVEY Legend ' 1 : ../ 312 ARCTIC CRESCENT ` �\� GPIN 2427-15-2967 Q 2427-152967 `� 1 7,---------__I\ ,-�--, Feet City Property -1. 1 %/ 0 100 200 400 . Imo`~ Prepared by P W/Eng/Eng.Support Services Bureau 06729/2017 X,CADDIPrgectSWRC F/esJ.GENDA MAPStArctic Crescent Encroachment Request — Schein & Harvey 312 Arctic Crescent I'. `yl i'ItK;t:ia}3,nr'I. APPLICANT'S MANE lF,�t41n >r ���..,riQA elrvei DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property { Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development I 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 Yhe disclosures contained H this forn1 are necessary ;o infos.rt p ibl c officia s whc may vote on the application as to whether they have a conflict of interest under Virginia SECTION 1 / APPLICANT DISCLOSURE i ISE.;N ',:I r :<rres i oe ca . ,,-,.;c .mayI Page 1 of 5 �_. ❑ A-PL 0 NCI CHAh( ',AS ;:n SIZ311} i Virginia Beach 9( 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:Ltu9l,„Si._ � 1 n�- cti+� �s.con `—`'`""44 11"r 'e111 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 ' 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 dferenjfrom 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) (E) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) `Parent-subsidiary relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and local Government Conflict of Interests Act,Va. Ccde§2.2-3101 2 'Affiliated business entity relationship' means 'a relationship, other than parent-subsidiary relationship, that exists when(i) ore 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 :hat shoulo 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 Virginia Beach YES NO +, t SERVICE 1 PROVIDER(use additional sheets if t l needed) ❑ `t" Accounting and/or preparer of your tax return ❑ q I Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ EN the Applicant)-identify purchaser i and purchaser's service providers Any other pending or proposed 1 • f�j purchaser of the subject property +� (identify purchaser(s)and purchaser's service providers) Ej Construction Contractors ❑ EA Engineers/Surveyors/Agents od�l�41,.a4upec let rsc. 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 properly SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 1 Does an official or employee of the City of Virginia Beach have ® /Lryr 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 vr!zipz \'irgFnia Beach CERTIFICATION: certify that all of the information contained in this Disclosure Statement Form is E, complete,true, and accurate. 11 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 conn-ction with this Application. r , , • hEW/S A. Se►tt:in1 .�,.....I 6/ro ire APPLICANT'S SIGNATURE PRiNT NAME DATE 1 PROPERTY OWNER'S SIGNATURE PRINT NAME i DATE Page 5 of 5 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) VrN THIS AGREEMENT, made this 15 day of ic)), C , 2017, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and Lewis SCHEIN and Sandra HARVEY, 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 4, Block B" as shown on that certain plat entitled: "Map No. 5 of Property of Virginia Beach Development Co. Virginia Beach Princess Anne County " and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 5, at page 21, and being further designated, known, and described as 312 Arctic Crescent, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a 5' x 20' floating pier with an attached 5' x 3.33' side floating pier, collectively the "Temporary Encroachment;" and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Holly, the "Encroachment Area"; and GPIN: 2427-15-4122 - CITY PROPERTY KNOWN AS LAKE HOLLY GPIN: 2427-15-2967- 312 Arctic Crescent WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "PHYSICAL SURVEY LOT 4, BLOCK B, MAP NO. 5 OF PROPERTY OF VIRGINIA BEACH DEVELOPMENT CO (M.B.5 P.21), VIRGINIA BEACH, VIRGINIA JUNE 20, 2017 FOR LEWIS SCHEIN & SANDRA HARVEY", dated June 20, 2017 and prepared by DKT Associates, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must 2 be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee 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, combined single limits if such insurance policy or policies. 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 3 liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Lewis Schein and Sandra Harvey, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 4 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: 5 By Le is Schein, Owner By andra Ha y, caner STATE OF n C CITY/COUNTY OF J4 Pd.( , to-wit: The foregoing instrument was acknowledged before me thisr,�' 4' day of ± , 2017, by Lewis Schein. �r/ J' . ea_d (S E A L) No/4 y Public NotaryRegistration Number: ..301LPS a -&-_AM- 4 g q JOANNE K BERRY A Notary Public My Commission Expires: ' ai3) oc is I Commonwealth of Virginia 304820 0105401sMy Commission Ex 'res Dec.31,2018 STATE OF 1r CITY/COUNTY OF V/- Pcn , to-wit: The foregoing instrument was acknowledged before me this1lay of ALI/11c.* , 2017, by Sandra Harvey. C i/' -/(.Q Ao..AAC..4-4SEAL) NO :ry Public C Notary Registration Number: -t4c4aO Q ���« A An ` - - 4 MyCommission Expires: I o1/�63 I l) JOANNE K BERRY p Notary Public f Commonwealth of Virginia 304820 4 My Commission Expires Dec. 31,2018 6 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM N ),,,, ,f2 SIGNATURED. . A MEYER, SENIOR CITY ATTORNEY DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 7 EXHIBIT A 1. THE LAND BOUNDARY SURVEY SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY PERFORMED ON JUNE 16, 2017 AND IN COMBINATION WITH THE PLAT(S)AND/OR DEED(S)REFERENCED HEREIN. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT. THE EASEMENTS APPEARING ON THIS SURVEY,IF ANY,WERE DEPICTED AND/OR NOTED IN THE REFERENCED PLAT(S)AND/OR DEED(S)UNLESS OTHERWISE NOTED. 2. THIS PROPERTY APPEARS TO FALL IN FLOOD ZONE(S)X AND AE(ELEV 8)AS SHOWN ON THE NFIP MAP FOR THE CITY OF VIRGINIA BEACH, MAP/PANEL 515531 0128 G, EFFECTIVE 01/16/15. L1 5.00' L2 6.00' L3 5.00' EZ Floating and side Floating Pier L4 20 00' Lake Holly L7 L5 3.33' • L5 X96.1=85502"W (TIELI TLSi4.8' L6 5.00' NE) L7 8.33' + °p° /-Ep - 3.0' \ r 000 pp0' _.i SAT.6. r15..5' _- " DISH RIP RAP 1 N15.5' L1 — — j i 4 ,� 41.5' 5 c Nca 0.1986 AC DECK ti 8,651 SF %OC�� I ; p " 4'WIR\. \ p�' 7.3' 7sr , / PIN (F) • I FENCE - - x _ x •cP- co. " ' / 2 W I GENERATt-, , ^ STORY C 1 31.6' k FRAME —18.7' 0 co) I 6' f Ili ' HOUSE#312 ^ ®HVAC H 2O VINYL �, Z 17 -P� C " FENCE A'5, p1 � 14.3' �' , c .c', : I a * x 4'WIRE x }' �p o) 3'WIRE— " FENCE 4 FENCE I ti x 30.7' 4'WIRE ro " 2.1' FENCEI 127.00'TOpC@ -X / x 15TH STREET �' x _ x x x _ x - x - (M.8.10 p 75) 4 i f TELE. 1.1' L=76 .00' R=400.00' PIN (F) ` � PED. ARCTIC CRESCENT (50') SAI VH Op PHYSICAL SURVEY LJ LOT 4, BLOCK B, MAP NO. 5 OF D K T A s s o c i a t e s -40/ t PROPERTY OF VIRGINIA BEACH � DEVELOPMENT CO. (M.B.S P.21) LAND SURVEYORS ,1 `�'DENNIS A L A0VIRGINIA BEACH, VIRGINIA JUNE 20, 2017 Lc. No. 002189 # For: LEWIS SCHEIN & SANDRA HARVEY 1100 Granby Street y 6/20/17 0 ' JOB: 14893 Scale: 1" =20' Suite 100 4/ FB;• 207 Size: LETTER Norfolk,VA 23510 d ., S ,T R N DRAWN: JSO Revised: DKTAssociates.com Tel (757)588-5888 CHECK: DT Sheet: 1 OF 1 C ,,, -A . „,H5.'m CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as Lake Rudee, located at the rear of 600 Goldsboro Avenue and 227 Mediterranean Avenue MEETING DATE: September 5, 2017 • Background: Carter M. Turpin, Jr. and Casbar Holdings, L.L.C. have requested permission to maintain an existing wood ramp, wood pier, rip rap, metal bulkhead and to construct and maintain wood piles and segments of an 8' X 30' floating wood dock, and a 12' X 12' boat lift into a portion of City property known as Lake Rudee, located at the rear of 600 Goldsboro Avenue and 227 Mediterranean Avenue • Considerations: City Staff has reviewed the requested encroachments and recommends approval subject to the terms conditions outlined in the Agreement. Similar encroachments exist in Lake Rudee. • Public Information: Advertisement of City Council Agenda • Alternatives: Deny the encroachment, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Location Map, Disclosure Statement, Agreement, Ordinance and Plat Recommended Action: Approval of the ordinance. Submitting Departme t/Agency: Public Works/Real Estate rA 6 City Manage 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS LAKE 7 RUDEE, LOCATED AT THE REAR OF 8 600 GOLDSBORO AVENUE AND 227 9 MEDITERRANEAN AVENUE 10 11 WHEREAS, Carter M. Turpin, Jr. and Casbar Holdings, L.L.C. (the 12 "Applicants") desire to maintain an existing wood ramp, wood pier, rip rap, metal bulkhead 13 and pile and to construct and maintain wood piles, an 8' x 30' floating wood dock, and a 14 12' x 12' boat lift into a portion of City property known as Lake Rudee, located at the rear of 15 600 Goldsboro Avenue and 227 Mediterranean Avenue, in the City of Virginia Beach, 16 Virginia; and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 19 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 20 the City's property subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs, 27 assigns and successors in title are authorized to maintain an existing wood ramp, wood 28 pier, rip rap, metal bulkhead and pile and to construct and maintain wood piles, an 8' x 30' 29 floating wood dock, and a 12' x 12' boat lift into a portion of City property as shown on the 30 map entitled: "EXHIBIT A ENCROACHMENT PLAT SHOWING FLOATING WOOD DOCK, 31 BOAT LIFT, PILES AND RIP RAP LOCATED IN LAKE RUDEE, PROPERTY OF CITY OF 32 VIRGINIA BEACH FOR CASBAR HOLDINGS II, L.L.C. & CARTER M. TURPIN, JR. 33 VIRGINIA BEACH, VIRGINIA," Scale: 1" = 40', dated February 20, 2017 and revised 34 through August 22, 2017, and prepared by Gallup Surveyors& Engineers, LTD., a copy of 35 which is attached hereto as Exhibit A, and on file in the Department of Public Works and to 36 which reference is made for a more particular description; 37 38 BE IT FURTHER ORDAINED, that the temporary encroachments are 39 expressly subject to those terms, conditions and criteria contained in the Agreement 40 between the City of Virginia Beach and the Applicants (the "Agreement"), an unexecuted 41 copy of which has been presented to the Council in its agenda, and will be recorded among 42 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 43 44 BE IT FURTHER ORDAINED, that the City Manager or his authorized 45 designee is hereby authorized to execute the Agreement; and 1 46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 47 such time as the Applicants and the City Manager or his authorized designee execute the 48 Agreement. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 51 day of , 2017. CA13990 R-1 PREPARED: 8/25/17 \\vbgov.com\dfs 1\applications\citylawprod\cycom 32\wpdocs\d010\p028\00391314.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL S IENCY AND FORM; cbuars, _ PUBLIC WORKS, REAL ESTATE SNA f . VIA MEYER SEAR CITY ATTORNEY 2 NOTES: 1. THIS PLAN WAS COMPILED FROM 2. THIS PLAN WAS PERFORMED WITHOUT THE VARIOUS DEEDS & PLATS OF RECORD. BENEFIT OF A TITLE REPORT AND MAY NOT SHOW ANY AND/OR ALL EASEMENTS OR RESTRICTIONS THAT MAY AFFECT SAID N/F PROPERTY AS SHOWN. CARTER M. TURPIN, JR. RIGHT OF UPSTREAM I.N. 20101117001222560 N/F OWNER ACCESS TO LOT 13, BLOCK 28 CASBAR HOLDINGS II, L.L.C. NAVIGABLE WATER M.B. 7 P. 14 I.N. 20150121000052890 GPIN: 2427-01-8687 PARCEL B D.B. 2714 P. 2154 M.B. 266 P. 8 GPIN: 2427-11-1801 w J 12'x12' ,a, �• ,. _ �44 .A : BOAT LIFT J ,. EX. •�� ��•. W _J WOOD DECK EX. 3. •�%tt:••. 8'X30' W Y OF OTHERS •►• �� J U LX N WOOD ". P FLOATING 0-0 0 WOOD FENCE .�r..I— "tl . Q) N W .0 i.? R//3 DOCK w ;� PT •:tL�y���.ff' PROPERTY a' i 1 GARTRUS TRY W.USTEE s EPs � _LINE� �, d ' I.N. in Q EX. ,,.r.; a° ��► ►° i 200303070035885 ' —1 .� STEPS F�, *4 �. , LOT 8, BLOCK 29 °�. i� '906):�•�•' }��c�, M.B. 7 P. 14 -H �F+ iry,4,q�rq( •rig• ' ,D• hN•5 co<`L w -co O 0( eta �• GPIN: co FCO EXIST. .,. EXIST. EX. WOOD PIER ' ••� WOOD 2427-01-8759 O EXISTING STEPS IVO, RAMP O EX. 1 STORY 1 b CONCRETE FRAME • i' l EX. DRIVEWAY RESIDENCEi� PILE CNI #600 V.*.:, (TYPICAL) 'itCO AV Z •dC + PIN(F) 25.00' _ 133'±(PLAT) •'.' PIN(F) N 07'00'00" W 197.5'±(TOTAL)Ex. 4' WOOD FENCE N/F JOHN B. PARKER, III LAKE RUDEE I.N. 20150601000495440 GPIN: 2427-01-8282 LOTS 11 & 12, BLOCK 28 I.N. 20100915000966510 GOLDSBORO M.B. 7 P. 14 AVENUE GPIN: 2427-01-8610 (50' R/W) M.B. 7 P. 14 EXHIBIT A ENCROACHMENT PLAT SHOWING FLOATING WOOD DOCK, BOAT LIFT, PILES AND RIP RAP LOCATED IN LAKE RUDEE, PROPERTY OF CITY OF VIRGINIA BEACH FOR CASBAR HOLDINGS II, L.L.C. & CARTER M. TURPIN, JR. SCALE: 1" = 40' VIRGINIA BEACH, VIRGINIA FEBRUARY 20, 2017 MAY 9, 2017 — REVISED GALLUP AUGUST 17, 2017 — REVISED SURVEYORS & ENGINEERS, LTD. AUGUST 22, 2017 — REVISED 323 FIRST COLONIAL ROAD 16-116 jpa.dwg VIRGINIA BEACH, VIRGINIA 23454 (757)428-8132 G:\16-116 jpa.dwg,8/22/2017 3:50:09 PM,1:40,DB 600 Goldsboro Avenue & 227 Mediterranean Avenue z,: N +. m SPIE-,p'J- wd9B yV\NS10N SS/ il PP �r S1TE� - z .'it• 1/2 C 7L t Pfd N \ . z r--.1 '-'- Z227 \ �. ; Mediterranean T. 2 m Avenue °`_EENs ° O P E GO`t)SgO ()PSE 7q .. 7� m ,t Lir KENNE° PSE 600 ; Goldsboro LOCATION MAP Avenue ENCROACHMENT REQUEST FOR \` CARTER M. TURPIN, JR. Legend GPIN 2427-01-8687& R1427687 CASBAR HOLDINGS II, LLC 2427-11-1801 GPIN 2427-11-1801 City Property Feet 0 100 200 400 Prepared by PW/Eng/Eng Support Services Bureau 0627/2017 X\CADD0 rciectr APC FIIerSeGENDA MAPS\Goldsboro Ave\1427-01-8687 2427-11-1801 s N' �F W Rear of 600 Goldsboro Avenue GPIN: 2427-01-8687 Virginia Beach Co — APPLICANT'S NAME Car [ft unpin ‘`a Ca. Otd21s� i_LC. - co, DISCLOSURE STATEMENT FORM Mraoci 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 ire this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must he updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). • APPLICANT NOTIFIED OF HEARING DATE: O NO CHANGES AS OF ATE: { . (� °E`'°CN.S.:FMTTED DATE: Nik30,,„; Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm,_ business, or other unincorporated organization. CACI f - "/"V / r/'.ui /` Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: CA5 6A A /-I "t PIN 677 L 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) NIS 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. I Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 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 CCouror - APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of 3 ,40,Li -r✓ -T�`v / 3 (- 7 7 8' 7 your tax return ( j 3 1 2 ,Z+ Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than �r 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) 1%f Construction Contractors ag,,'Al) a (4.,/ M- Engineers /Surveyors/Agents A/-&4//) J uiti/for pi f ic,yf rwO ill Financing (include current 76 i../it/I 1 k,✓/C Eiv mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) dLegal Services w h i r A-vvt f m.✓G L !C 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 oes 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 IM,,,,,.; 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 Ap lication. ?at.„...iL_ 41 ,...)--.,-(.4.41 fo_____ (A-1--Trilt- 74 • P-1A-tviAfj .3', -/-/ APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 ( V-i- DI- K 40 1_b I lvcs at: LIZ_ k). Ca.Son w r NB CD APJPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of " I your tax return L/FF /JG/i C e4- vt' Architect / Landscape Architect / Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed v' purchaser of the subject property (identify purchaser(s) and purchaser's service providers) V) Construction Contractors $eaAD &4 y L s ifiz-'k-9//-'LP - Engineers / Surveyors/ Agents C,q z t.vP Cr"4-- f SIR 14--'-'7t Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ✓�, n Legal Services _,Fu,,,-.- ,Iii, /97/ 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 v' an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this a\4 day of (4 __6 , 2017, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CARTER M. TURPIN, JR. and CASBAR HOLDINGS II, L.L.C., 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 13, BLOCK 28", as shown on that certain plat entitled: " MAP OF SHADOW LAWN HEIGHTS VIRGINIA BEACH PRINCESS ANNE CO", Scale 1" = 100, dated April 1924, and prepared by JNO. M. Balwin.C.E. C.R.M & MCINTIRE.DEL, and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at page 14, and being further designated, known, and described as 600 Goldsboro Avenue, Virginia Beach, Virginia 23451 and " PARCEL B", as shown on that certain plat entitled: "RESUBDIVISON OF PROPERTY OF THE Virginia Beach Marlin Club, Inc. and W. Cason Barco being Lots 1, 2 and 1/2 of Lot 3 Block 18 Lots 9 & 10 Block 30 Shadow Lawn Heights and that portion of Winston- Salem Ave. Vacated North of Block 30 adjacent properties MB. 7 P. 14 VIRGINIA BEACH BOROUGH VIRGINIA BEACH, VIRGINIA" Scale 1" = 60', Made for W. Cason Barco, dated 12 November 1997, and prepared by Bonifant Land Surveys and said plat GPIN: 2427-01-8282-0000; (CITY PROPERTY KNOWN AS — LAKE RUDEE) 2427-01-8687-0000; (600 Goldsboro Avenue) 2427-11-1801-0000; (227 Mediterranean Avenue) is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 266, at page 8, and being further designated, known, and described as 227 Mediterranean Avenue; and WHEREAS, it is proposed by the Grantee to maintain an existing wood ramp, wood pier, rip rap, metal bulkhead and pile and to construct and maintain wood piles, an 8' X 30' floating wood dock, and a 12' X 12' boat lift, collectively the "Temporary Encroachments", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of City property known as Lake Rudee, located at the rear of 600 Goldsboro Avenue and 227 Mediterranean Avenue, 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: 2 Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A' ENCROACHMENT PLAT SHOWING FLOATING WOOD DOCK, BOAT LIFT, PILES AND RIP RAP LOCATED IN LAKE RUDEE PROPERTY OF CITY OF VIRGINIA BEACH FOR CASBAR HOLDINGS II, L.L.C. & CARTER M. TURPIN, VIRGINIA BEACH, VIRGINIA" SCALE: 1" = 40', dated FEBRUARY 20, 2017, revised AUGUST 22, 2017, and prepared by Gallup Surveyors & Engineers, LTD. 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. 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 attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location, or existence of the Temporary 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 3 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 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 4 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 ($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, Carter M. Turpin, Jr. and Casbar Holdings II, L.L.C., 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 B 0.5vJt—y Carter M. Turpin, Jr., Owner STATE OF Ut c CITY/COUNTY Or rue_��c ,,,;�. �; e. � ` , to-wit: �,,'P 11, ' . N \ �� 'NN6/OOTARY•••./i2%i The foregoing instrument was acknowledged before me this 02 L. d� - PUBLIC REG#362854 , 2017, by Carter M. Turpin, Jr.. MY COMMISSION . o .. EXPIRES .:18rAti:4A._ 613012021 Not ry IicFALTN,,..•'� Notary Registration Number: IDBS My Commission Expires: Lo - —acDQ\ CASBAR HOLDINGS II, L.L.C., a Virginia limited liability company By: _WaltersoryBarco Name4/Y` Title: /1/4/0-An STATE OF V cc\kr14,, CITY/COUNTY OF V,f(231 n;r. The foregoing instrument was acknowledged before me this 0.00 day of , 2017, by ((c-, of Casbar Holdings II, L.L.C. Notary P Iic ;••%y P".Ne0,�,,,,, i„N•.�yOTARY�• ..!2'i, PUBLICNotary Registration Number: S14 C REGg362B4 r - :MY CG - Q � r My Commission Expires: (.Q - 3c� p2v \ - ,, ' ,a 7 �'�,1;IAIdd.� APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM .g?`1\,‘ " ./_ SIGNATURE • ) s), 11 I ' R. ARMEYER, ASSOCIATE CITY ATTORNEY \LAJ —) Qc'k 10k51Z) DEPARTMENT 8 NOTES: 1. THIS PLAN WAS COMPILED FROM 2. THIS PLAN WAS PERFORMED WITHOUT THE VARIOUS DEEDS & PLATS OF RECORD. BENEFIT OF A TITLE REPORT AND MAY NOT SHOW ANY AND/OR ALL EASEMENTS OR RESTRICTIONS THAT MAY AFFECT SAID N/F PROPERTY AS SHOWN. CARTER M. TURPIN, JR. RIGHT OF UPSTREAM I.N. 20101117001222560 N/F OWNER ACCESS TO LOT 13, BLOCK 28 CASBAR HOLDINGS II, L.L.C. NAVIGABLE WATER M.B. 7 P. 14 I.N. 20150121000052890 GPIN: 2427-01-8687 PARCEL B D.B. 2714 P. 2154 M.B. 266 P. 8 GPIN: 2427-11-1801 w 12'x12' w El- •EX. ....p,".4001.4.4.1„.4„,,, z • rs. • BOAT LIFT -� • ..••••?.rr�1. X WOOD DECK (� EX. 3, �::.,1•,• 8'x30' W OF OTHERS WOOD '4:174-,-... --U w N . • FLOATING o FENCE `..Viiititi. p c0 ON X J `.J�i•'F,I'/Sr WOOD X_ O� j w N/F I- t„,....4 R/p DOCK w o d ~ 414?4,ti• Rqp Cn 1� GARY W. ALLEN, g o •`4 ,-4.,. PROPERTY o „I C° ":40A.• TRUSTEE `. EXLINE -,/ '..i..j �. STEPS � so., I.N. I-- In •.:: i. 200303070035885 w III STEPSe LOT 8, BLOCK 29 ,9-,- M.B. 76;r:/3,:,4;4474.,,���°'' ,� •5 ey ' moi;. '�M.B. 7 P. 14 w �F+ tiFgFµO,j�. soh. GPIN: co , .O4-0`<‘- GPIN: %/ EX. EXIST. ,;~'•�/ WOOD 2427-01-8759 D ExlsTINc 0 EX. 1 STORY STEPS -fry 1(. RAMP O CONCRETE FRAME ' O DRIVEWAY RESIDENCE •••�' PILE CV #600 s., (TYPICAL) CO 1 . Z PIN(F) 25.0 ' ��'• o PIN(F) N 07'00'00” W 197.5'±(TOTAL)Ex. 4• WOOD FENCE N/F JOHN B. PARKER, III LAKE RUDEE I.N. 20150601000495440 GPIN: 2427-01-8282 LOTS 11 & 12, BLOCK 28 I.N. 20100915000966510 GOLDSBORO M.B. 7 P. 14 AVENUE GPIN: 2427-01-8610 (50' R/W) M.B. 7 P. 14 EXHIBIT A ENCROACHMENT PLAT SHOWING FLOATING WOOD DOCK, BOAT LIFT, PILES AND RIP RAP LOCATED IN LAKE RUDEE, PROPERTY OF CITY OF VIRGINIA BEACH FOR CASBAR HOLDINGS II, L.L.C. & CARTER M. TURPIN, JR. SCALE: 1" = 40' VIRGINIA BEACH, VIRGINIA FEBRUARY 20, 2017 MAY 9, 2017 - REVISED -, GALLUP AUGUST 17, 2017 - REVISED SURVEYORS & ENGINEERS, LTD. AUGUST 22, 2017 - REVISED 323 FIRST COLONIAL ROAD 16-116 jpa.dwg VIRGINIA BEACH, VIRGINIA 23454 r:-.. (757)428-8132 G:\16-116 jpa.dwg,8/22/2017 3:50:09 PM,1:40,D8 Ci:1 y J CITY OF VIRGINIA BEACH AGENDA ITEM 4 ITEM: An Ordinance to Establish Capital Improvement Project 4-045, "Foxfire Trail Pedestrian Bridge," to Accept and Appropriate Funding from the Virginia Department of Transportation to Capital Projects 2-111, 9-276, and 4-045, and to Transfer Funds from Capital Project 4-064 to Capital Project 4-045 MEETING DATE: September 5, 2017 • Background: The Transportation Alternatives Set-Aside Program was authorized in the federal transportation bill "Fixing America's Surface Transportation Act," also known as the FAST Act. The program is intended to help local sponsors fund community based projects that expand travel choices and enhance the transportation experience by improving the cultural, historical, and environmental aspects of transportation infrastructure. This program focuses on providing pedestrian and bicycle facilities, historic preservation, and community improvements. The Transportation Alternatives Set-Aside Program is part of the Federal-aid Highway program. It is not a grant program, and funds are only available on a reimbursement basis with a 20% minimum local match. The City received $1,472,562 in FY18 federal allocations for the following three (3) projects: Total Project Federal Local Cost Allocations Match Salem Road Sidewalk $484,821 $334,527 $150,294 Cape Henry Lighthouse Restoration II $1,056,980 $362,800 $90,700 Foxfire Trail Pedestrian Bridge $1,123,530 $775,235 $348,295 Total $2,665,331 $1,472,562 $589,289 The Cape Henry Lighthouse Restoration II project previously received $482,493 in federal TAP funding and $120,987 in match funding from Preservation Virginia. • Considerations: The Salem Road Sidewalk project is included in the Traffic Safety Improvements(TSI) IV CIP (CIP 2-111)within the Roadways Section of the Capital Improvement Program. There is sufficient local funding in CIP 2-111 to satisfy the required local match for that project. The Cape Henry Lighthouse Restoration II project is a standalone project (CIP 9-276) within the Economic and Tourism Development Section of the Capital Improvement Program. There is sufficient local funding in CIP 9-276 to satisfy the required local match. The Foxfire Trail Pedestrian Bridge project will be established as a new project (CIP 4- 045) within the Parks & Recreation Section of the Capital Improvement Program. There is sufficient local funding in the City Bikeways and Trails Plan Implementation II CIP (CIP 4-064) to satisfy the required local match. The applicable local funds ($348,295) will be • Public Information: Public information will be provided through the normal City Council agenda process. • Attachments: Location Maps (3), Ordinance Recommended Action: Approval Submitting Departmet{Agency: Public Works City Manager: 1 AN ORDINANCE TO ESTABLISH CAPITAL IMPROVEMENT 2 PROJECT 4-045, "FOXFIRE TRAIL PEDESTRIAN BRIDGE," 3 TO ACCEPT AND APPROPRIATE FUNDING FROM THE 4 VIRGINIA DEPARTMENT OF TRANSPORTATION TO 5 CAPITAL PROJECTS 2-111, 9-276, AND 4-045, AND TO 6 TRANSFER FUNDS FROM CAPITAL PROJECT 4-064 TO 7 CAPITAL PROJECT 4-045 8 9 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA, THAT: 11 12 1. Capital Improvement Project (CIP) # 4-045, "Foxfire Trail Pedestrian 13 Bridge," is hereby established as a capital project in the FY 2017-18 Capital Improvement 14 Program. 15 16 2. $334,527 in federal revenue is hereby accepted and appropriated to CIP 17 #2-111, "Traffic Safety Improvements IV," in the FY 2017-18 Capital Improvement 18 Program for a concrete sidewalk along the east side of Salem Road from Salem Lakes 19 Blvd. to Rock Lake Loop. 20 21 3. $362,800 in federal revenue is hereby accepted and appropriated to CIP 22 #9-276, "Cape Henry Lighthouse Restoration II" in the FY 2017-18 Capital Improvement 23 Program. 24 25 4. $775,235 in federal revenue is hereby accepted and appropriated to CIP 26 #4-045 in the FY 2017-18 Capital Improvement Program. 27 28 5. $348,295 is hereby transferred from CIP #4-064, "City Bikeways and Trails 29 Plan Implementation II," to CIP #4-045. 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 the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Kevin Chatellier . ' rme ery Budget and Management Services City Attorney's Office CA14125 R-2 August 30, 2017 I /-0 N II1 i I:51 ti�Pih tiW E Ii9 k- ilipit"40 ti .4-00p tiFRO t'` 111 F \ ;ATNGLEN c/R i 1 1 11114111111/ ft ' 1 'SALEM ROAD SIDEWALK M TER / / .c i _ M0R / _ NG—Cr-G/4 _ T_CN III ____/ „. _, . , _ i , _, _ . - 0 _ _ - rn cn o W VV;TIS-- HERSTONE.DR r� 7 1 SALEM LA , KESBLvDI I , 4 l� �- W I I im....... I / LOCATION MAP I _ SALEM ROAD SIDEWALK Feet 0 Prepared by P.W./Eng./Eng.Support Services Bureau 8 '/2g17 100 200 400 X:\CADD\Proiects\ARC Files\AGENDA MAPS\sALEM rOAD sIDEWALK ���o�/� O`` D. NECK RD ; 4:\./ �\f /— c" ;,, ,SIT ( L!` / y S, 9ti �X ,i/�j y A gtiti� °� \ Q� o NIMMO PW 7 F r' <� y CG°NRIVE ��� j � y��. \\ R� _ — _- \ . ,� NNE v \ , . A \ ~' \ GESS P PRS \ - crg m / \ \ \ g IN - •N , , , co_ •/ /\,' , , / .N / ,,,,/ i D 0 \\ \ i \ i A, y / \ / FOXFIRE TRAIL \ A \ Z4e \ PEDESTRIAN BRIDGE \ \\ N. /// \\\/,,_io\' ,:':.:(i.:,./'_.::. ,:' 2„, i\ / //////4 1 O\-1_____j__,\ CS 1 4.4/A,''':/: ./ d/1;( //10i\ \ poi. '71/6 \,,,,. _ ,\ vv. J c •_-. / , / 40,0$02 - L_-,' 0- ---= - ....„ ss - ogi ,-,...1 ___-.. - , „ , ,,_ ......„,,, > 0-, - .0-c- ssvitol 4, c, , \ , .(<, go* 1 <_ - / ...,--\,\ , , .. ....--- , , \ .. . ,, - \ _1 • ‘ , _z 4 %—x, '. -(s' \ />' \ ,-1---rI—' — fhb \ / �'% ( � iiI' �� l \ _ ti ` co y,< \ \ LOCATION MAP v' \ FOXFIRE TRAIL PEDESTRIAN BRIDGE OVER \ WEST NECK CREEK AND \ TEMPORARY APPROACH TRAIL \ \ Feet epare .y •.W./Eng./Eng.Suprort Services B au 8/9/2017 0 425 850 1,700 X:\CADD\Proiects\ARC Files\AGENDA MAPS\Foxfire Trail N „iikSITE SNORE pR W E S C) 74 rilk -0 Y Y w 'V SK3N 9-....0° ! � CAPE HENRY LIGHTHOUSE ty m r : . ..._Q .r - C [� Q 0 FgcyR0 / - N OS"-�: C _� 0 q R� ��_ �o c�AF COAST ARTILLERYRD QO. n P m m z 73, Xi 0 -.4),,i liot-i-t‘toileali_ _'',, 1° 11111 r wit 111 LOCATION MAP CAPE HENRY LIGHTHOUSE RESTORATION miiim Feet 0 Prepared by P.W./Eng./Eng.Support Services Bureau 8/9/2017 500 1,000 2,000 X:\CADD\Proiects\ARC Files\AGENDA MAPS\Cane Henry Lighthouse r ,t � C: �• : 7; CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Accept and Appropriate Funds for the Fire Department Hazmat Team MEETING DATE: September 5, 2017 • Background: The City was notified that the Virginia Department of Emergency Management would be providing a grant of $28,584 in federal pass-through funding for Hazardous Materials Team equipment. The Virginia Beach Fire Department's Hazardous Materials Team is a member of the Southside Regional Haz-Mat Team along with the cities of Portsmouth, Norfolk, and Chesapeake. The funding will allow the Hazardous Materials Team to maintain its operational readiness for the response to, and identification of, unknown substances. • Considerations: This grant is awarded by the Virginia Department of Emergency Management with funding originating from the U.S. Department of Homeland Security's National Preparedness Directorate. The funds provided will be used to purchase equipment to improve the Hazardous Materials Team's ability to identify unknown substances. No local match is required for this program. The end of the program period is March 31, 2018. • Public Information: Public information will be handled through the normal Council agenda process. • Recommendations: Adopt the attached ordinance • Attachments: Ordinance Recommended Action: Approval Submitting DepartmeytttAgency: Fire Department City Manager:\\ \Y 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FOR THE FIRE DEPARTMENT HAZMAT 3 TEAM 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $28,584 is hereby accepted and appropriated, with federal revenue 9 increased accordingly, to the FY 2017-18 Operating Budget of the Fire Department for 10 the purchase of equipment for the Hazmat Team. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2017. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Dana1 arra eyer Budget and Management Services City Attorney's Office CA14116 R-1 August 8, 2017 1- '' 41. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds for the Fire Department Technical Rescue Team MEETING DATE: September 5, 2017 • Background: The City was notified that the Virginia Department of Emergency Management would be providing federal pass-through funding for localities for heavy tactical rescue team equipment, training and exercise. The Virginia Beach Fire Department is the lead agency for the Tidewater Regional Technical Rescue Team, which is one of the seven regional state and urban search and rescue teams. This $50,000 grant will allow the Virginia Beach Fire Department Heavy Tactical Rescue Team to purchase technical search equipment, which will increase its response capability. • Considerations: This grant is awarded by the Virginia Department of Emergency Management with funding originating from the U. S. Department of Homeland Security's National Preparedness Directorate. The funds provided will be apportioned in the Fire Department's Operating Budget. No local match is required for this program, and the program ends on March 31, 2018. • Public Information: Public information will be handled through the normal Council agenda process. • Recommendations: Adopt the attached ordinance • Attachments: Ordinance Recommended Action: Approval Submitting DepartmJAQency: Fire Departme ' City Manager L\ 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FOR THE FIRE DEPARTMENT TECHNICAL 3 RESCUE TEAM 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $50,000 is hereby accepted and appropriated, with federal revenue 9 increased accordingly, to the FY 2017-18 Operating Budget of the Fire Department for 10 the purchase of equipment for the Tactical Rescue Team. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2017. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ' David Bradley Dana Harmeyer Budget & Management Services City Attorney's Office CA14117 R-1 August 17, 2017 ''':7 .t iP '1 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate State Funds to the Department of Human Services for an Expansion of the Permanent Supportive Housing Program MEETING DATE: September 5, 2017 • Background: In FY 2017, the Department of Human Services received an award from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) in the amount of $740,195 to establish a Permanent Supportive Housing (PSH) program. Ongoing annual funding of $714,300 was established in the initial award, and two clinical positions, totaling 1.5 FTE, were created to provide support services to up to 52 individuals. This funding also covered 33% of the cost of an existing FTE in the Department of Housing and Neighborhood Preservation. In FY 2018, DBHDS is providing $202,868 in additional funding to provide services for an additional 20 individuals. In total, the state funding for this program will provide housing assistance to 72 individuals who have been diagnosed with a serious mental illness, are chronically homeless, and have very low incomes. To date, 16 individuals have been housed through this program, with 20 individuals currently in process. The program has a goal of housing an additional 36 individuals by the end of FY 2018, thus reaching the revised maximum 72 individuals as set by the program's limits. • Considerations: No additional General Fund support is required for this program. The $202,868 includes funding to convert the part-time Clinician II position, included in the original funding, to full-time. As required by DBHDS in the Performance Contract with the Community Services Board, restricted state funding for the PSH Program that is not spent by June 30, 2018 must be reserved in the General Fund Balance or carried forward for re-appropriation for use in this program in future years. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Adopt the attached ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Depart7r \ ----c---) ent/Agency: Human Services . ' City Manager 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS TO THE DEPARTMENT OF HUMAN SERVICES 3 FOR AN EXPANSION OF THE PERMANENT SUPPORTIVE 4 HOUSING PROGRAM 5 6 WHEREAS, the state is providing an additional award amount of $202,868 to 7 provide housing assistance to an additional 22 individuals who have been diagnosed with 8 a serious mental illness, are chronically homeless, and have very low incomes; 9 10 WHEREAS, a partial position equaling 0.50 FTE was established in the FY17-18 11 Operating Budget based on available funding; and 12 13 WHEREAS, as part of the increasing funding for this program,. the State has 14 provided sufficient resources to convert this part-time position to a full-time FTE. 15 16 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 1) That $202,868 from the Virginia Department of Behavioral Health and 20 Developmental Services is hereby accepted and appropriated, with state 21 revenue increased accordingly, to the FY17-18 Operating Budget of the 22 Department of Human Services in order to provide services for an additional 23 twenty(20) individuals who have been diagnosed with a serious mental illness, 24 are chronically homeless, and have very low incomes; and 25 26 2) That a part-time position equaling 0.50 FTE in the FY17-18 Operating Budget 27 of the Department of Human Services is hereby converted to a full-time 28 Clinician II position (1.0 FTE), and $24,886 is hereby transferred from part-time 29 salaries to full-time-salaries. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley EWA. Harmeyer Budget & Management Services City Attorney's Office CA14130 R-2 August 25, 2017 ,C' F CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: An Ordinance to Accept and Appropriate State Training Grant Funds to the Department of Emergency Medical Services MEETING DATE: September 5, 2017 • Background: The General Assembly established the Four-for-Life Program (the "Program") for the purpose of providing financial assistance to volunteer rescue squads and municipal EMS agencies. As set forth in state law, the Program collects an additional four dollars and twenty-five cents from each state vehicle registration purchased annually. A portion of these funds is used to support the Financial Assistance for Emergency Medical Services Grant Program, known as the Rescue Squad Assistance Fund. The Virginia Department of Health, Office of Emergency Medical Services has awarded the City's Department of Emergency Medical Services a $12,852 EMS System Initiative Award for training. The grant funding allocation is based on a fee schedule according to what level, and what type of EMS training classes the recipient teaches during a given grant period. This grant is 100% funded by the state and requires no local match. • Considerations: The grant funds derived from the Program are restricted by state law and may be used to purchase additional or enhanced EMS equipment or may be used to fund training needs. The funds may not be used to off-set or supplant current services. The funds from this grant will be used for an Advanced EMT program for members of the volunteer rescue squads. • Public Information: Information will be disseminated through the regular Council agenda notification process. • Attachments: Ordinance Recommended Action: Approval Submitting DepartmeptJAgency: Department of Emergency Medical Servicesd� City Manager: v,„..._:\ \ ...._ 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 TRAINING GRANT FUNDS TO DEPARTMENT OF 3 EMERGENCY MEDICAL SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $12,852 is hereby accepted from the Virginia Department of Health, Office of 9 Emergency Medical Services, Four-for-Life Training Program, and appropriated, with 10 estimated state revenues increased accordingly, to the FY 2017-18 Operating Budget of 11 the Department of Emergency Medical Services for training classes. 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: I { David Bradley / Dan. eyer Budget and Management Services City Attorney's Office CA14127 R-1 August 23, 2017 r;. ,z BfjCii I1 - al • CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Carry Forward and Appropriate $3,485,396 for Purposes Previously Approved in FY 2016-17 into the FY 2017-18 Operating Budget MEETING DATE: September 5, 2017 • Background: The Annual Appropriation Ordinance provides for the carry forward of appropriation authority to the next fiscal year for authorized obligations and encumbrances. However, funds that were approved for a specific purchase or contract, but remain unobligated or unencumbered at the end of the fiscal year lapse by operation of law. The originating departments may request such funding be carried forward to the next fiscal year. Situations that might necessitate funds being carried forward include the following: • Funding was approved in FY 2015-16 to purchase a piece of equipment or renovate a small building but, due to extenuating circumstances, the department did not finalize the purchase or complete the project prior to the end of the fiscal year; • Funds were approved by City Council by a budget amendment or City Manager by authorized transfer late in the fiscal year and the expenditure could not be completed prior to the end of the fiscal year; and • Funds provided for a specific grant program were unused during the fiscal year and are being carried forward to combine with grant funds in the new fiscal year. Funds that are approved to be carried forward are then re-appropriated from the fund balance of their respective funds into the current fiscal year. Budget and Management Services reviews all departmental carry forward requests to determine that the request meets the eligibility requirements (discussed below) and also to ensure that there is sufficient fund balance to meet City Council's fund balance policy. • Considerations: Criteria applied by Budget and Management Services to determine whether funds are eligible to be carried over from one fiscal year to the next are as follows: • The funds requested to be carried over must remain in the same fund, budget unit, and account code in the new fiscal year as they were in the old fiscal year; • Situations outside of the control of the department prevented the expenditure of funds for the uses for which they were originally budgeted; • Funds that are intended for a specific timeframe, such as personal services, are not eligible for consideration; • The purpose for which funds are requested to be carried forward are not also budgeted in the department in the new fiscal year; • Funds can only be carried forward to the new fiscal year for the same purpose that they were specifically budgeted in the previous fiscal year; • Funding is available in the legal appropriation unit (as identified in the Operating Budget Ordinance) or department to be carried over to the next fiscal year; and • The item(s) for which funding is requested to be carried over must be critical to the mission of a program or service offered by the City. The total amount of this request is $3,485,396. Of that amount, $1,010,607 is for the General Fund; $348,720 is for the DEA Federal & State Seized Assets Special Revenue Fund; $2,000,000 is for the Water and Sewer Fund; $17,084 is for the Storm Water Utility Enterprise Fund; $1,868 is for the Parks & Recreation Gift Fund; $98,072 is for the Fire Department Gift Fund; and $9,045 is for the Emergency Management Gift Fund. • Public Information: Public information will be coordinated through the normal City Council agenda process. • Attachments: Ordinance, Exhibit A: FY 2016-17 Items Requested for Carry Forward into FY 2017-18 Recommended Action: Approval of Ordinance Submitting Departme t/Agency: Budget and Management Services 0-1\ City Manager: ' \ 1 AN ORDINANCE TO CARRY FORWARD AND 2 APPROPRIATE $3,485,396 FOR PURPOSES 3 PREVIOUSLY APPROVED IN FY 2016-17 INTO FY 2017-18 4 OPERATING BUDGET 5 6 Whereas, funding totaling $3,485,396 was unexpended at the close of Fiscal Year 7 2016-17 and require re-appropriation to achieve the purposes for which such funds were 8 included in the FY 2016-17 Operating Budget. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 That $3,485,396 is hereby appropriated in the FY 2017-18 Operating Budget for 14 the purposes and amounts as set forth in the attachment entitled "Exhibit A: FY 2016-17 15 Items Requested for Carry Forward into FY 2017-18," with revenue from the respective 16 fund balances of each fund. Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Bari" Hyrmeyer Budget and Management Services City Aftbrney's Office CA14129 R-2 August 28, 2017 CITY OF VIRGINIA BEACH,VIRGINIA 8/24/2017 FY 2017-18 OPERATING BUDGET CARRY FORWARD REQUESTS Exhibit A: FY 2016-17 Items Requested for Carry Forward into FY 2017-18 Department Amount Purpose/Comments GENERAL FUND Human Resources $ 88,196 Conversion of paper personnel records to electronic files. Commonwealth's Attorney $ 33,168 Equipment,supplies,data storage and contracts related to implementation of the Body Worn Camera Program&four computer workstations. Police $ 154,920 Equipment,supplies,data storage and contracts related to implementation of the Body Worn Camera Program&four computer workstations. Library/Adminstration&Support Services $ 150,000 Print Management&Point of Sale(POS)System. Planning $ 185,650 Building Renovations. Information Technology $ 97,152 Citywide Computer Replacement Program. Emergency Medical Services $ 13,500 Tuition for Advanced EMT Training. Aquarium&History Museums $ 92,229 Animal life support items, &Ticketing system upgrade. Convention&Visitors Bureau $ 191,000 Shuttle for satellite parking&Line array sound system for Convention Center. Housing&Neighborhood Preservation/Code $ 4,792 Accela for Citizen access and Database purging of records. Enforcement $ 1,010,607 TOTAL GENERAL FUND DEA SEIZED PROPERTY SPECIAL REVENUE FUND Police/DEA Uniform Patrol Grants $ 4,969 CIT training for Police personnel. Police/DEA Uniform Patrol $ 306,822 Hardware and equipment related to the implementation of the Body Worn Camera Program. Police/DEA Special Investigative Unit $ 36,929 Purchase of two vehicles and other operating cost. $ 348,720 TOTAL DEA SEIZED PROPERTY SPECIAL REVENUE FUND WATER AND SEWER FUND Public Utilities/Engineering,Operations,& $ 2,000,000 Non-public safety radio replacement project. Business $ 2,000,000 TOTAL WATER AND SEWER FUND STORM WATER UTILITY ENTERPRISE FUND Public Works/SWU-Project Management $ 17,084 Building Renovations. $ 17,084 TOTAL STORM WATER UTILITY ENTERPRISE FUND 1 of 2 CITY OF VIRGINIA BEACH,VIRGINIA 8/24/2017 FY 2017-18 OPERATING BUDGET CARRY FORWARD REQUESTS Exhibit A: FY 2016-17 Items Requested for Carry Forward into FY 2017-18 Department Amount Purpose/Comments PARKS&RECREATION GIFT FUND Parks&Recreation/Sponsorships& $ 1,868 Donation made for specific purpose-"Party at the Pier"event. Partnerships $ 1,868 TOTAL PARKS&RECREATION GIFT FUND FIRE DEPARTMENT GIFT FUND Fire Department $ 98,072 Donations for specific items made to the Fire Department. $ 98,072 TOTAL FIRE DEPARTMENT GIFT FUND EMERGENCY MANAGEMENT GIFT FUND Office of Emergency Management $ 9,045 Donations for specific items made to the Office of Emergency Management. $ 9,045 TOTAL EMERGENCY MANAGEMENT GIFT FUND $ 3,485,396.00 TOTAL CARRY OVERS 2 of 2 fr a: 'i J CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Appropriate the Balance of the Francis Land House Trust Fund (Fund 931) and to Authorize a Donation of Such Funds to the Friends of Historic Houses of Virginia Beach MEETING DATE: September 5, 2017 • Background: In the mid-1980s, the City Council empowered the Francis Land House Board of Governors to establish a committee to be known as the Friends of the Francis Land House (the "Friends"). As designed, the Friends would fundraise through the sale of membership dues and solicitation of donations, and the funds raised by the Friends would be deposited in a separate account held by the City. This account became the Francis Land House Trust Fund or the 931 Fund. The fundraising arrangement with the Friends Committee acknowledges the membership entitled members to no-charge admissions to the historic homes. In the absence of a membership with the Friends, the admission charge for entry into one of the historic homes would be collected by the City and be subject to appropriation by the Council. With the addition of the Lynnhaven House and the Adam Thoroughgood House in the 2000s, the text in the City Code was broadened to include the three historic homes. At that time, the 931 Fund had $49,637, and this amount continues to reside in the 931 Fund. • Considerations: The attached ordinance would appropriate the available balances in the 931 Fund and authorize donation of such amounts to the Friends of Historic Houses of Virginia Beach. The Friends of Historic Houses of Virginia Beach is a Virginia non-stock corporation that traces its origin to the Friends of the Francis Land House. The Friends of Historic Houses of Virginia Beach has requested the funds residing in the 931 Fund. The Friends may utilize the funds for any purpose in support of their mission as defined by their by-laws. Additionally, the Friends may use these monies for any of the three historic houses. • Public Information: Information will be provided to the public through the normal City Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting De ment/Agency: Department of Aquarium and Museums CityManager. d _- pm. t (3-12 I , 7 1 AN ORDINANCE TO APPROPRIATE THE BALANCE OF THE 2 FRANCIS LAND HOUSE TRUST FUND(931 FUND)AND TO 3 AUTHORIZE A DONATION OF SUCH FUNDS TO THE 4 FRIENDS OF HISTORIC HOUSES OF VIRGINIA BEACH 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1) That$49,637 is hereby appropriated from the available balance in the Francis 10 Land House Trust Fund (Fund 931), with estimated revenues increased accordingly,to the 11 FY 2017-18 Operating Budget of the Department of Aquarium and Museums; and 12 13 2) That a donation of $49,637 is hereby authorized to the Friends of Historic 14 Houses of Virginia Beach, a Virginia non-stock corporation, in furtherance of the charitable 15 purposes of this organization. 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: 01 David Bradley Danr eyer Budget and Management Services City Attorney's Office CA14126 R-1 August 23, 2017 J. PLANNING 1. CLARENCE E. and DORIS V BRYAN and CINDY FELDMAN for a Variance to Section 4.4 (b) of the Subdivision Regulations re lot width at 3388 Eagle Nest Point DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 2. OCEAN BAY HOMES, INC. and PATRICIA A. MARTINO, TRUSTEE OF THE PATRICIA A. MARTINO LIVING TRUST for a Variance to Section 4.4 (b) of the Subdivision Regulations re non- conforming single family dwellings at 2422 Baltic Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. 5073 VIRGINIA BEACH BLVD for Modification of Conditions re a sign for Motor Vehicle Sales at 5073 Virginia Beach Boulevard(approved on December 2,2008) DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 4. NEW MILLENNIUM SENIOR LIVING COMMUNITIES, LLC, et al. for Modification of Conditions re expansion of Housing for Seniors and Disabled Persons at 4225 and 4141 Shore Drive (approved on July 9, 1996) DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 5. OUTDOOR RESORTS OF VIRGINIA BEACH CONDOMINIUM ASSOCIATION, INC. for a Modification of Conditions re vehicle length for a Recreational Resort Community at 3665 South Sandpiper Road(approved on August 14,2015) DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 6. FREEDOM PROPERTIES VB, LLC for a Conditional Change of Zoning from R-15 Residential to Conditional 0-2 Office at the Northern side of Wolfsnare Road and First Colonial Road (Denied 1981,1983 and 1991) DISTRICT 5—LYNNHAVEN RECOMMENDATION: STAFF—DENIAL PLANNING COMMISSION—DENIAL 7. MERNA HOLDINGS, LLC and ALLEN D. and PATRICIA A. YOUNG for a Conditional Change of Zoning from R-7.5 Residential to Conditional 0-1 Office at 656 Alberthas Drive DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 8. FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, LLC and VIRGINIA WESLEYAN COLLEGE for a Conditional Change of Zoning from R-15 Residential to Conditional A- 24 Apartment at 5900 Wesleyan Drive DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 9. SACRED DAGGERS, LLC and GIBSON ENTERPRISES, LLC for a Conditional Use Permit re a Tattoo Parlor at 3972 Holland Road DISTRICT 3—ROSE HALL RECOMMENDATION: APPROVAL 14 �NIAWaE4�:� NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building,Municipal Center,Virginia Beach,Virginia,on Tuesday, September 5,2017 at 6:00 p.m.,at which time the following applications will be heard: DISTRICT 5-LYNNHAVEN Freedom Properties VB, LLC Conditional Rezoning(R-15 Residential to Conditional 0-2 Office) Northern Side of Wolfsnare Road near the intersection of Wolfsnare Road& First Colonial Road(GPIN 2408604261) DISTRICT 4-BAYSIDE 5073 Virginia Beach Blvd Street Closure Unimproved Strip of Euclid Road formerly Broad Creek Road(Adjacent GPIN 1467858567) DISTRICT 4-BAYSIDE 5073 Virginia Beach Blvd Modification of Conditions 5073 Virginia Beach Boulevard(GPIN 1467858567) DISTRICT 5-LYNNHAVEN Clarence E.&Doris V Bryan/Cindy Feldman Clarence E.& Doris V Bryan Subdivision Variance(Section 4.4(b)of the Subdivision Regulations) 3388 Eagle Nest Point (GPIN 1489803700) DISTRICT 4-BAYSIDE Franklin Johnston Group Management & Development, LLC/Virginia Wesleyan College Conditional Rezoning(R-15 Residential to Conditional A-24 Apartment)5900 Wesleyan Drive(GPIN 1458958699) DISTRICT 5-LYNNHAVEN Merna Holdings,LLC/Allen D.Young and Patricia A.Young Conditional Rezoning(R-7.5 Residential to Conditional 0-1 Office)656 Alberthas Drive(GPIN 1487896284) DISTRICT 7-PRINCESS ANNE Outdoor Resorts of Virginia Beach Condominium Association,Inc.Modification of Conditions of a Use Permit approved on August 4, 2015 (Recreational Resort Community).3665 S.Sandpiper Road (GPINs 24326431580001 through 24326431583250; 24326431581000 through 24326431581004) DISTRICT 4-BAYSIDE New Millennium Senior Living Communities, LLC/Baylake Limited Partnership, W. Heywood Fralin 2012 Revocable Trust, W. Heywood Fralin Irrevocable Children's Trust, & Karen Holly Waldron Trust Modification of Conditions (Housing for Seniors and Disabled Persons)4225&4141 Shore Drive(GPINs 1479879740,1479974820) DISTRICT 6-BEACH Ocean Bay Homes,Inc./Patricia A.Martino,Trustee of the Patricia A. Martino Living Trust Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) 2422 Baltic Avenue(GRIN 2417996690) DISTRICT 3-ROSE HALL Sacred Daggers,LLC/Gibson Enterprises,LLC Conditional Use Permit (Tattoo Parlor) 3972 Holland Road (GPIN 1486157638) All interested parties are invited to attend. Ruth Hod aser,MMC City Clerk Copies of the proposed ordinances,resolutions and amendments are on file and may be examined in the Department of Planning or online at Y'; / .vv'. ,I g;,c _I•. For information call 385-4621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-0303;Hearing impaired call 711(Virginia Relay -Telephone Device for the Deaf). BEACON:AUGUST 20,2017&AUGUST 27,2017-1 TIME EACH. . i. ---1. O. _.., . -• , . „ . . :s / I 1-,..• di,gis.„ 71. . .. I 1 1 1 ..- i. i 1 '44 I i ; ff: Cle i ,., • . ; 11-''' 1 - . -..----------,..' ./(' ,/,- ........_ z , ...„--- ....._ . --- V / 10- ti.„, , 0 ....,... IL: , 1, , --/ P ...n., ,----- ,. 7 i 1 i'l ) / • . / / . . . Q .. i 1.7 c'l A rit 10 1 if: • L7 s L---11 .::::.•-•.„ , CD-1 'Ilik ....-- ge-- ,:- \\16,. -,-- \ Litchfl•laki ',--; '111 cC---g----i r----,j 7". ..----- •.,_ „..„... .14,,„ .. . vire,-;,%, • P---------? ....,.:,„\s, i., , '.4.2.'A "La-.....-.., • ' .:' ; k \ ,.'''' . .. , .. . •, \. 1 . I A . , . . :, • . . . . ._ . . . ,. . , . (.7 , . • • . .„..._-- CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: CLARENCE E. & DORIS V. BRYAN/CINDY FELDMAN [Applicant & Property Owner] Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) 3388 Eagle Nest Point(GPIN 1489803700). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: September 5, 2017 • Background: The applicant is requesting a Subdivision Variance in order to subdivide an almost 85,000 square-foot parcel that was created by plat in 1948. It is the applicant's desire to create two lots, both of which will exceed the minimum lot area requirement of 40,000 square feet in the R-40 Residential District. Proposed Lot 5B is designed with 66 feet of lot width rather than the minimum standard of 125 feet. Based on this deficiency, a Subdivision Variance to lot width is requested. • Considerations: Many properties in the vicinity are flag lots or are oddly shaped due to the fingers of land that protrude into the Lynnhaven River. As such, the parcel is heavily impacted by the Chesapeake Bay Preservation Area (CBPA). Much of the site is within the Resource Protection Area (RPA), the more stringently regulated area of the CBPA. Due to the geometric challenges of this parcel, encroachment into the RPA was reviewed and approved by the CBPA Board in April of this year. 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. When the site is subdivided, it shall be in substantial conformance with the submitted subdivision exhibit entitled, "PRELIMINARY SUBDIVISION EXHIBIT FOR LOT-5 & PART OF LOT-6 PLAT OF EAGLE NEST POINT (M.B. 16, PG. 43) VIRGINIA BEACH, VIRGINIA," prepared by WPL, dated March 1, 2017, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. Clarence E. & Doris V. Bryan/Cindy Feldman Page 2 of 2 2. When Lot 5A is developed, the dwelling constructed shall substantially adhere in appearance, size and materials to the submitted elevation, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. is Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Departmen cVI,(/y iipe City Manager: 10 NIApplicant & Property Owner Clarence E. & Doris Vaughan Agenda Item Bryan/Cindy Feldman 1 Public Hearing July 12, 20174 City Council Election District Lynnhaven Virginia Beach Request Subdivision Variance (4.4 (b) of the ,5-. Subdivision Regulations) ''''''''",,j, r Staff Recommendation a° •N °j P Approval O :r Staff Planner t0 Jimmy McNamara = L'"'".... it BYO^W/. Location E" Ro,d /► -N, ¢° 3 3388 Eagle Nest Point ...RakCwc` j d ( Y• O",r .,,,,,,, il/) • G P I N a, wWHo h, , 1489803700 $' h."" tl s.---dc �c •� ..„„,, Site Size 84,900 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District IR Single-family dwelling/ R-40 Residential ", ►,, ., • -Cr ,, Surrounding Land Uses and Zoning Districts `+E4' : '�� North ^� / �„ ,li Lynnhaven River/ R-40 Residential1 "`�- South i� ' c Single-family dwelling/ R-40 Residential , • .: ti �, <• East ;4, - Eagle Nest Point Single-family dwelling/ R-40 Residential - , West '*. i � w Lynnhaven River r1/4.....„.„ ► if - • - i-, - Clarence E. & Doris Vaughan Bryan Agenda Item 4 Page 1 Background and Summary of Proposal • The subject site was created by plat in 1948 and currently meets all the dimensional requirements for a parcel in the R-40 Residential District. The property is currently developed with a single-family dwelling with a detached garage. • The parcel is located on a small finger of land at the northern end of Little Neck. As such, the parcel is heavily impacted by the Chesapeake Bay Preservation Area. • The applicant is proposing to subdivide the parcel into two single-family lots. Both lots will exceed the minimum lot area requirement of 24,000 square feet above water, marsh and wetlands for parcels in the R-40 Residential District (Lot 5A will have 34,632 square feet of upland area and Lot SB 34,054 square feet of uplands). Lot 5B, however, will be deficient in the 125-foot lot width requirement, as it has a proposed width of 65.97 feet. Based on this deficiency, a Subdivision Variance to lot width is requested. L ‘*511).NLot 5A EPG Lot 5B Required Lot 5A Lot 5B Lot Width(feet) 125 125 65.97* Lot Area(square feet) 40,000** 34,632 34,054 *Subdivision Variance required **Minimum upland required is 24,000 square feet • As the lots are located in the Chesapeake Bay Resource Protection Area (RPA), the proposed encroachment into the RPA was reviewed and approved by the Chesapeake Bay Preservation Area Board on April 14, 2017. • Similar to the existing dwelling on the site, the submitted elevation for the additional proposed single-family dwelling depicts a 1 Y2-story structure constructed with a primary exterior building material of brick. Clarence E. & Doris Vaughan Bryan Agenda Item 4 Page 2 :o rr �'( \ 2 Zoning History # Request 1 SVR Approved 04/11/2000 2 SVR Approved 03/17/2015 Z $ , Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed, as it is located along Dix Inlet of the Lynnhaven River.The site is also located within the Resource Protection Area, the most stringently regulated portion of the Chesapeake Bay Preservation Area. As such, a Variance was granted on April 14, 2017 for the proposed encroachment into the RPA. The site also contains marsh, wetlands and water. No development is proposed in these portions of the site. There do not appear to be any significant cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Eagle 6,200 ADT 1(LOS°"C") Existing Land Use 2—10 ADT Nest Point No Data Available 11,100 ADT (LOS°"E") Proposed Land Use 3-20 ADT 'Average Daily Trips z as defined by one single- 3as defined by two single-family °LOS=Level of Service family dwelling dwellings Clarence E. & Doris Vaughan Bryan Agenda Item 4 Page 3 Public Utility Impacts Water Each lot must connect to City water with a single and exclusive water tap and meter. The existing 5/8-inch water meter (City ID#95009993) may be used or upgraded to accommodate the proposed development. There is an existing four- inch City water main along Eagle Nest Point. 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 Eagle Nest Point. 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. Similar to many of the surrounding lots in the surrounding area, the subject site is heavily impacted by topographic and environmental challenges related to the Chesapeake Bay Preservation Area. The proposed subdivision of the site into two lots will create parcels that while physically contain the required 40,000 square feet for the R-40 Residential District, some of the property is not "high and dry" land. The Zoning Ordinance does permit lots within the R-40 District to meet the lot area requirement with 24,000 square feet of upland, meaning at least 24,000 square feet of property must be above water, marsh and wetlands. Both of these lots pass this test; therefore, a Subdivision Variance to lot area is not required. Lot 5B is depicted with approximately 66 feet of lot width, rather than the 125 feet required. Based on this, a Subdivision Variance to lot width is requested. Due to the geometric challenges that this property and many other parcels in the vicinity have, a pattern of oddly shaped flag lots on fingers of land that protrude into the Lynnhaven River has evolved over time. Based on the considerations above, Staff finds the applicant's claim of hardship compelling and recommends approval of the request subject to the conditions below. Clarence E. & Doris Vaughan Bryan Agenda Item 4 Page 4 Recommended Conditions 1. When the site is subdivided, it shall be in substantial conformance with the submitted subdivision exhibit entitled, "PRELIMINARY SUBDIVISION EXHIBIT FOR LOT-5 & PART OF LOT-6 PLAT OF EAGLE NEST POINT(M.B. 16, PG. 43)VIRGINIA BEACH,VIRGINIA," prepared by WPL, dated March 1, 2017, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. When Lot 5A is developed, the dwelling constructed shall substantially adhere in appearance, size and materials to the submitted elevation, which has 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. Clarence E. & Doris Vaughan Bryan Agenda Item 4 Page 5 Proposed Site Layout EASTERN BRANCH „" L VNNHA VEN R/VER D/X /NL E t .. .r m..17.e•e .nFirYu-Mie cwt . 1 a 1l{1 l mMh . o \-• 11M AARP Mt d. _LO-E36§-\_ Lot\5B \ --- / �; -clot SAS, • ---- C MDMILIrif IA-4 vv.,worn is5 e/ \ ;` dwe/ \ ¢tKWSM or-awes. Pp%�7N O!MC 11'. Y PAW/Or•PUR,C •••• �� ,5P/l N7 MFOY foul 1 h Molts) 1� n.n.� \ f•�. 0.793 f+ MnsRvn ly� 7-51Mr/AUr 0.787 'v. tM 1" IKUI\G • t j-\ I '-i1 it fi / __ nx' ,or----/ \ MAIM'ro Iww,00.0 - \ EAGLE NEST PO/NT l (,..,•,,„,,„rye ,el,.PC,, Clarence E. & Doris Vaughan Bryan Agenda Item 4 Page 6 Proposed Elevations Iro 11 111 iI 114 LJly N t II 1�11A1A11 1111 I!!4!I! _ - { - I IIII1 T. Clarence E. & Doris Vaughan Bryan Agenda Item 4 Page 7 Site Photos _ . ... , ,• - ,. .--/ • - , • . ,,-, '' iii...leu_.11 ,,e..- .„ .:, , , 1,3,14,‘J. .lb.,-1111411 • ‘..1-'• e #40 • 411k 1 t"I ;4 -All'0- AllF,I, ••••••... 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YR •.s''' Nk's. 1 b ' ,,,r,4.1i. . .1 r , . 6 - 1101r -, ' * ' LI , -zi, .-. 0. . -.:,..--- ...... 64 _ - - • - ,- Clarence E. & Doris Vaughan Bryan Agenda Item 4 Page 8 Site Photos 410-� i . ' .. 4101*:: t.":1. . '.e';',.;4 ..:;11r. ..' ,.4.11 , - ',, ..4,-..,,i-: ,i,..., ---='":-. lt.. I� S '14,• "ter �' v. . ,1! r' �rR' r ;u:,...-. 1,.-if, .?Qf �sp , n f -1 eR... '. f ry r i� _♦ Ze r ,f4` r' *'i , v ^ ice. : 4 z.. . � *II .. ,.•I ,r, ', 'f •1 1!'' t -'1 �5it• :sr - 1 . ; _ _L-.:-_---- , I -- -- - --- .s .worill — ,,,. * ;' 1411111f . 44 - MOW -4114.' .a.-4-_,. . ,= . _„....„ - - t.iii. 'k sY ‘-,.......,46.--< av s a r'r'�R x •-' t .' ' t • -r s',4• r! s call '"4 , - ..115-.:- . '..0, '`ted' 7. " ♦ .- • yta 5r t ! • ‘2.:-,- �' «� • ..fie _ Clarence E. & Doris Vaughan Bryan Agenda Item 4 Page 8 Disclosure Statement A' ial Virginia Beach APPLICANT'S NAME Clarence E &Dons V Bryan i Cindy Feidmar DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City I Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Rezoning Exception for (EDIP) Board of Zoning Encroachment Request Appeals _ Certificate of Floodplain Variance Appropriateness I -_ Street Closure (Historic Review Board) ; Franchise Agreement Chesapeake Bay — �__ — - Preservation Area i Lease of City Property Subdivision Variance Board Conditional Use Permit j License Agreement I Wetlands Board The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. . SECTION 1 / APPLICANT DISCLOSURE FOR CITY 1!St ON,Y;NII(1s:iosures rruat be.if 1.ac,l...en :?:wrek, pr IL -o ft Face 1 c' 7 Plannial f,Irr"1 sSir_.ri:if l L tr Co_bt I .nr«Iirir;aha,pert—1 to'"e.u:•,Lta',n-i:, I Ell IAP#'LICnr.I NO II-11D OF HiARIN(, i4`1- 0 C tANCLS AS Or 1 , 1/Z)/// Jimmy McNamara Rr''MONS SURM111E1) Le- ,_ _ Clarence E. & Doris Vaughan Bryan Agenda Item 4 Page 9 Disclosure Statement rq.• Virginia Beach - EJ Check here if the APPLICANT /5_ NOT a corporation, partnership; 'flrrrr, business, or other unincorporated organization. ICheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Cindy Feldman 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) N/A (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity z relationship with the Applicant: (Attach list if necessary) WIA 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. IZ 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:Clarence E& Doris V Baan If an LLC, list the member's names: Page 2 of 7 Clarence E. & Doris Vaughan Bryan Agenda Item 4 Page 10 Disclosure Statement Virginia Beach 1f a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) N/A (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) N/A 'Parent-subsidiary relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 'Affiliated business entity relationship' means "a relationship, other than parent subsidiary relationship, that exists when (i) one business entity has a conrolling ownership interest in the other business entity, (i+) a controlling owner in ene entity is also a controlling owner In the omer entity, or (Ili) there is shared management or control between the business entities. Factors that should be considered in determ:Hing the existence of an affiliated business entity relationship Include that the same pe'son or substantially the same person own or manage the two entitles, there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share act+vities, resources or personnel on a regular basis: or there Is otherwise a close working relationship between the entitles.' See State and Local Government Conflict of Interests Act, Va.Code tt 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the ssl.ajct of the application or any_bsiness 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 Clarence E. & Doris Vaughan Bryan Agenda Item 4 Page 11 Disclosure Statement APPLICANT Beau. , YES NO SFR VICE PROVIDER ruyc additional Sheets if _ L. - _ nrededl _ X Accountinq and/or preparer of your tax return • Architect /Landscape Architect / o'v'Pi Land Panner • I Contract Purchaser (if other than Crrdy Fe cme,i the Applicant) identify purchaser and purchaser's se vice providers Any other pending or proposed purchaser of the subject property (-J (identify purchaser(s)and purchaser's service providers) Construction Contractors I � • ^J Li Engineers /Surveyors/Agents tr;Pf Financing (include current X �—I mortgage holders and lenders selected or being considered to provide financing for acquisition Citi Bank or construction of the property) f h/f I f( i Legal Services i9H y Gar•r•iwor l GPC Tc. Real Estate Broker_ / ii L Agents/Realturs fir:: current arta anticipated future sales of the subject propert, SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO floes an official or employee of the City of Virginia Beach have h` an interest in the subject land or any proposed development I J LJ contingent on the subject public action? If yes, what is the name of t;,e off.cial or employee and w'.at is the riat;.re of tr,e interest? Cindy Feldman, Employee u'The City of Virg ma Beach +Public Scnoo s; FFGe 4 u1 7 X Clarence E. & Doris Vaughan Bryan Agenda Item 4 Page 12 Disclosure Statement 1110Virginia 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 Ap ication. _— Cindy Feldman � 11oS�UI} APPtI Nrs SIGNATURE PRINT NAME l D,RTE Page 5 of 7 Clarence E. & Doris Vaughan Bryan Agenda Item 4 Page 13 Disclosure Statement OWNER `. NER virp:niaie&1 i YES NO SERVILE PROVIDER (use addrnoral sheet% i it x 1 Accounting and/or preparer of your tax return L-L Architect / Landscape Architect land Planner Contract Purchaser(if other than CHd). FeIdmaq XI 1 1 the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed U purchaser of the subject property IXC (identify purchaser(s)and purchaser's service providers) Construction Contractors IX] ( J Engineers/Surveyors/Agents 44r1', Financing(include current L+ I� mortgage holders and lenders L 1 selected or being considered to provide financing for acquisition I or construction of the property) ni l�`! Legal Services 81.,y Gari•r0o7 r GPC inc Rea! Estate Broke-, fX j Agents/Realtors far current and L/_ anticipated future sales o' the sub ec-t property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 1X an interest in the subject land or any proposed development contingent on the subject public action? If yes. tti•f a is the name of the officio: or employee and what is the nature of the interest N/A Page b of 7 Clarence E. & Doris Vaughan Bryan Agenda Item 4 Page 14 Disclosure Statement Virginia Beach ICERTIFICATION I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information I 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. Clarence E& Doris V Bryan icliafriAll PROPERTY OWNER'S-SIGNAiIJRE PR?NT NAME DATE Page 7 of 7 Clarence E. & Doris Vaughan Bryan Agenda Item 4 Page 15 Item#4 Clarence E. & Doris V. Bryan/Cindy Feldman Subdivision Variance 3388 Eagle Nest Point District 4 Lynnhaven July 12, 2017 CONSENT An application of Clarence E. & Doris V. Bryan and Cindy Feldman for a Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) on property located at 3388 Eagle Nest Point, District 4, Lynnhaven. GPIN: 1489-80-3700-0000. CONDITIONS 1. When the site is subdivided, it shall be in substantial conformance with the submitted subdivision exhibit entitled, "PRELIMINARY SUBDIVISION EXHIBIT FOR LOT-5 & PART OF LOT-6 PLAT OF EAGLE NEST POINT(M.B. 16, PG. 43)VIRGINIA BEACH,VIRGINIA," prepared by WPL, dated March 1, 2017, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. When Lot 5A is developed,the dwelling constructed shall substantially adhere in appearance, size and materials to the submitted elevation,which has 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 4. 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 4 for consent. Billy Garrington appeared before the Commission on behalf of the applicant. \ , • . , . \ Cl "-----------=*---- --'--'-;"---1-------%1, \ IN ., \ ._, . . ,. \ \ , \ .'. .,\\-,.$4 3 40 ..1 .-- 7-A— P., . \ . \ , 7 ri., :\ . • ..,,e‘..i-- --r"). .. • 1 ,-r-- ---A itp \ 'til \• < rL4 --)------ 0 -----'-7-- \ = • \ -i r----- " \ 0 a<I N' - _, \\.. _- \"N i et) -.‘------j 1;5 \ 1 •\ ,-,. rr...r" L--- .‘.,::,..,:s„‘ . _ \ . i . - In \ l'L------ ‘,. . .. c.,..___X----1--. k° ------C-1 .., • • -k, I cf.-1J-- 1.t \ 4iiiii02.61k.% 1 ire tiii -- < ':\ s ' - -. ..•.. , --L.& \ ri"-----j-- . .% • 'IL S , \\;\ •• V !I %rap I ..... -,.\ • ' 1 • ,• '11011 -': \.\‘'.•.:'• - ' . .\...\: N 1-------\ .... -: ,.., \ • \ y-A 0 I L- 5.- \ ''\.\•`.\)\ :\ ., % \ -----"") iki _ie. \_____,-- :. 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A lik ____,) \ -\ ili . ------ !, all IL---- \ ii ----II 1 I _._--• LT; IN ,-•- SI, 1,_,....-,.._r- _1 r•-"' I, c -- I ii ii \ I, _.,-- I* r.---• Tr) \ 1,, i, ,c----k-N, __A \ - __- N . . 1 I_---- , , \ I, ,___s . , , „, te,--------, i, \ ' _ _i___------1, 'I ni i \ \ 2 Ziy r-- lit, 21 '1 li 11 110 CI 1..- -- li __-, II _- II I i :IC 0 % _3 i li \ _----- 0 r-Ili it .--- II it, 1,1 __--------li r5...! co \ .-1k,.---,-) 1 1 \III 7c C \ \ 1 ,,,,,,.. I -4-,:i _-------- i-----1--------:__\ -fa° ------ - , ', __- , \ . B ' \ rs . agcy •• �a LT 111 :>1 rM iI CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: OCEAN BAY HOMES, INC. [Applicant] PATRICIA A. MARTINO, TRUSTEE OF THE PATRICIA A. MARTINO LIVING TRUST [Owner] Subdivision Variance (4.4 (b) of the Subdivision Regulations) 2422 Baltic Avenue (GPIN 2417996690). COUNCIL DISTRICT— BEACH MEETING DATE: September 5, 2017 ■ Background: The subject site is made up of two legally non-conforming lots at the southwest corner of Baltic Avenue and 25th Street. Based on the provision of both the A-12 Apartment District and the Old Beach Overlay District, up to four dwelling units could be constructed on the property as a matter of right. The applicant proposes to resubdivide the two lots into three lots and construct three single-family dwellings, one on each lot. The Zoning Ordinance requires that lots in the Old Beach Overlay District have a minimum lot area of 5,000 square feet, and a minimum lot width of 40 feet, while 50 feet of lot width is required for corner lots. As the lots are deficient in lot area by 2,200 square feet, and the corner lot will be deficient in lot width by 10 feet, Subdivision Variances are requested for both lot area and lot width. Due to the small dimensions of the proposed lots, the applicant intends to pursue rear setback variances from the Board of Zoning Appeal in order to construct the dwellings as depicted on the conceptual site layout. • Considerations: While each parcel is significantly deficient in lot area, if these parcels were developed with two dwellings on each lot, the net land area likely designated to each of the dwellings would be very similar to the size of the lots proposed. The submitted architectural elevations in Staff's view address the goals of the Old Beach Design Guidelines with façade treatments of a coastal cottage style, and incorporate quality landscape areas. 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. Ocean Bay Homes, 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 11-0, to recommend approval of this request. 1. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "Preliminary Exhibit for Resubdivision of Lots 11 & 12 Block 125, Virginia Beach, Development Co., Map No. 6", prepared by WPL, dated March 30, 2017, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the elevations entitled, "Elevations, 25th Street" prepared by Ocean Bay Homes, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. The Landscape Plan shall be in substantial conformance with the submitted site layout exhibit entitled, "Preliminary Planting Exhibit for Resubdivision of Lots 11 & 12 Block 125, Virginia Beach, Development Co., Map No. 6", prepared by WPL, dated March 30, 2017, which has been exhibited to the Virginia Beach City Council and is on file in 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 De dr/Agency: Planning Departmen f�. rioymi City Manager. ...,..,) , Applicant Ocean Bay Homes, Inc. Agenda Item Property Owner Patricia A. Martino, Trustee of the Patricia A. Martino Living Trust D1 City„ Public Hearing August 9, 2017(Previously Deferred on July 12, 2017) Virginia Beach City Council Election District Beach Request - Subdivision Variance (4.4 (b) of the mt^s"`" ' y� Subdivision Regulations) a' Staff RecommendationOS Approval 70 16 dB DN. 6 y yob"' u Y 4�d�t+ 3 ` e` 115. o de OW Staff Planner : Jonathan Sanders fu4 o i�aaw''"''' ' Location 4,., = 11,44"4"s"'" INd,ailS""r 2422 Baltic Avenue ' nNd,,f e, GPIN 2417996690 Site Size 8,400 square feet AICUZ 65-70 dB DNL; Sub-Area 1 Watershed Chesapeake Bay Existing Land Use and Zoning District 'At; A, Il ..1 Single-family dwelling /A-12 Apartment (Old x ^..rr �1 Beach Overlay) to s .•4 . „'t -t' * I J Surrounding Land Uses and Zoning Districts 's11‘ ^Q. • Ili.�'TJ • �'(, North tV' :� c 25th Street ` """.►^ • ./ :` . Single-family dwellings /A-12 Apartment (Old rt. y 1 , •` A' ' Beach Overlay) .�-. fle)1 '� # _•• . t '. i r. South -' 1 t T • :e Single-family dwelling /A-12 Apartment (Old I> �n N - , - r2,,. fr Beach Overlay) \.fi► v r .w� .k, _ N'r ;rte ,,. East i _. `f Baltic Avenue ,• r• `Or -.A t. • zip,L Religious use/A-12 Apartment (Old Beach Overlay) West Alley Apartments /A-12 Apartment (Old Beach Overlay) Ocean Bay Homes, Inc. Agenda Item D1 Page 1 Background and Summary of Proposal • The Planning Commission deferred this request at the July 12, 2017 public hearing. The purpose of the deferral was to allow the applicant time to consider revisions to the plan. • The subject site is made up of two legally non-conforming lots at the southwest corner of Baltic Avenue and 25th Street. The lot at the corner is 40 by 120 feet,and the adjacent lot is 30 by 120 feet. When combined, the parcels total 70 feet of frontage along Baltic Avenue and 120 feet of frontage along 25th Street. • There is an existing single-family home and two other brick buildings that serve as dwelling units on the lots. In the A-12 Apartment District, duplex dwellings are a permitted use. Provisions in the Old Beach Overlay District permit an option to construct two single-family homes (a principal and an ancillary dwelling) on property zoned A-12. Based on this, these two lots could yield up to four dwelling units. • The applicant desires to resubdivide the two lots into three lots in order to construct three single-family dwellings, one on each lot. The homes are proposed to have a brick and concrete parged foundation, siding will be cement fiber board (Hardie Plank), accent columns and rails will be vinyl clad and the roof will have architectural asphalt shingles. • The Zoning Ordinance requires that lots in the Old Beach Overlay District have a 40-foot lot width, plus an additional 10 feet for corner lots, and the minimum lot area is 5,000 square feet. As the lots are deficient in lot area by 2,200 square feet, and the corner lot will also be deficient in lot width by 10 feet, Subdivision Variances are requested for both lot area and lot width. Requiredy Dwellings) (Single-Family Proposed Lot 1 A Proposed Lot 2A Proposed Lot 3A Lot Width(feet) 40, 50 for corner lot 40* (corner lot) 40 40 Lot Area(square feet) 5,000 2,800* 2,800* 2,800* *Subdivision Variances requested • Due to the small dimensions of the proposed lots, the applicant intends to pursue rear setback variances from the Board of Zoning Appeal in order to construct the dwellings as depicted on the conceptual site layout. Ocean Bay Homes, Inc. Agenda Item D1 Page 2 f�5D , ,1 \ \r___A-11/2 I A-36 A..12 I __----- 5�h9tseet 12\\ Zoning History de DAL 2 ) ,, .,,' . 1 # Request - - A•12 o t 3 \ 1 NON Approved 08/23/2011 70.75 dBeM�' 12 STC Approved 01/22/2008 A 2 2 SVR Approved 05/28/2013 a We'll' '; 3 CRZ(0-2 to Conditional R-SD)Approved 08/09/2011 c ',.,. 0) ,- --24mN A 2- -3 1 A4, _ ,- . r.:_,-- ,.. A-24 A-36 �A t2��i • 1\Stteet 2 4 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. 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 Baltic Avenue No Data Available Z Existing Land Use 30 ADT Proposed Land Use 3-30 ADT 25th Street No Data Available lAverage Daily Trips 2 a s defined by three single- 3as defined by three single-family °LOS=Level of Service familydwelling dwellings Ocean Bay Homes, Inc. Agenda Item D1 Page 3 As is typical, right-of-way improvements, including pavement widening, curb and gutter, and streetlights will be required along 25th Street. When considering lot layout and reduced setbacks, Section 4.1(j) of the City's Subdivision Regulations requires that property lines at the intersection of minor streets with each other to be rounded with a minimum radius of ten feet. Based on this, the applicant is aware that a dedication at the corner of 25th Street and Baltic Avenue will be required in order to meet this requirement. Public Utility Impacts Water There is an existing eight-inch City water main on Baltic Avenue. There is an existing six-inch City water main on 25th Street. The existing 5/8-inch water meter (City ID#95102159) can be used or upgraded to accommodate the proposed development. Sewer There is an existing eight-inch City gravity sanitary sewer main on Baltic Avenue. There is an existing eight-inch City gravity sanitary sewer main on 25th Street. A Subdivision Construction Plan, or Utility Right-of-way Drainage Plan is needed for the installation of individual water and sanitary sewer service lines to each proposed lot. 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. Subdivision Variances are requested to Section 4.4(b) of the Subdivision Regulations for lot area for all three proposed lots, and lot width for Lot 1A. Specifically, all proposed lots will not have the required minimum lot area of 5,000 square feet, as each parcel is proposed with 2,800 square feet. Additionally, proposed Lot 1A will be 10 feet deficient in the required minimum lot width of 50 feet. In the Old Beach District, two single-family homes are allowed on property zoned Apartment District with at least 5,000 square feet, provided that the proposal meets the goals of the Old Beach Design Guidelines. While each parcel is significantly deficient in lot area, if these parcels were developed with two dwellings on each lot, the net land area likely designated to each of dwellings would be very similar to the small size of the lots proposed. Ocean Bay Homes, Inc. Agenda Item D1 Page 4 Staff met with the applicant to discuss options to accomplish their goals while meeting the design guidelines. Staff requested that the number of Board of Zoning Appeals variances necessary to implement the concept be reduced significantly. The applicant was able to redesign the structures and tweak the layout to accomplish this. Based on this, the proposal is now more in line with the Old Beach Design Guidelines and the Old Beach Overlay Ordinance. The proposed home designs meet the goals of the Old Beach Design Guidelines, as they provide porches that are pulled up to the street to encourage interaction, a variation in facade designs with the use of projections, upper floor and roof massing step backs, facade treatments of a coastal cottage style, and quality landscape areas with shrubs and trees. Staff believes that granting of the Subdivision Variances will not result in substantial detriment to adjacent properties and will not adversely affect the character of the neighborhood. Therefore, Staff recommends approval of the request subject to the conditions below. Recommended Conditions 1. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "Preliminary Exhibit for Resubdivision of Lots 11& 12 Block 125, Virginia Beach, Development Co., Map No.6", prepared by WPL, dated March 30, 2017, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the elevations entitled, "Elevations, 25th Street" prepared by Ocean Bay Homes, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. The Landscape Plan shall be in substantial conformance with the submitted site layout exhibit entitled, "Preliminary Planting Exhibit for Resubdivision of Lots 11 & 12 Block 125,Virginia Beach, Development Co.,Map No.6", prepared by WPL, dated March 30, 2017, which has been exhibited to the Virginia Beach City Council and is on file in 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. Ocean Bay Homes, Inc. Agenda Item D1 Page 5 Existing Site Layout THIS IS TO CERTIFY THAT I ON APRIL 1. 2002 SURVEYED THE PROPERTY SHOWN ON THIS PLAT. THE BUILDINGS STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE NO ENCROACHMENTS OF OTHER BUILDINGS, EXCEPT AS SHOWN. / � �N1,T!( C DENNiS J.G-• ra u �—_` 1500 `140 Sua4c°4. ALLEY 70.00' PIPE(F) 0.s O UKS O.s Pp,(h az' S�7--r, UNE . I •�• _ � I 24.75' iv 16.7' .i n 1 STORY 1,. ' • BRICK n S m - I n BUILDING n 1 STORY' d BRICK 24.75' 4.•.Immo r4 '..... ../...:„\ 10 g _ , - .' 127,04'1I'!i irWS'IC;;I};I, I•_ R b6 1P .•) 23.1.. 'i I.M IG ' e I— • 65• U.... 16.8' Iti 8 I , MD $ ce I 111/2 STORY,/o I N BRICK AND '!.°: It FRAME HOUSE 0 .6 . /2422 211 EV •130.9• 07 12' s0ro'o'�, 1}, 1 0.3' \ ON-UNE PI"(�1ON UNE ;too.' O•i- (F) BAL11C AVENUE PHYSICAL SURVEY OF LOTS 11&12,BLOCK 125, VIRGINIA BEACH DEVELOPMENT CO. VIRGINIA BEACH, VIRGINIA M.B. 5, P. 103 NOTE: THIS PROPERTY APPEARS TO FALL IN FOR FLOOD ZONE X AS SHOWN ON THE PATRICIA MARTINO NATIONAL FLOOD INSURANCE PROGRAM MAP FOR THE CITY OF VIRGINIA BEACH DATE: APRIL 1, 2002 ��� DENNIEJ.OERWJTZ,P.C. COMMUNITY NO. 515531-0024 E DATED 12/5/i5 1 SCALE: - 20' Sao oNRMLOAVE.WRE112 BASE ELEVATKIN LOWEST FLOOR ELEVATION F.8.: 249 CAD TECH: D.A.G. Nrnrawyloewpcw mN FAX 23414 Ocean Bay Homes, Inc. Agenda Item Dl Page 6 Proposed Site Layout N/F WILIJAM T. REW 3 1 LOT-9 & LOT-10 Cia (M.B. 5, PG. 103) I GPIN: 2417-99-7514 4 Q Cd 120.00' (OVERALL) 40.00' 40.00' 40.00' 0 3 '' )LOT—IIA I LOT-11B 1 j LOT-1IC \ Lti y,,i o . 16.0' 16.0' 130' PA710 JO /' PATIO I PA770 1E-'' �� + 27.00' Win d `,l I 24.00 c 22.00' J-- N I-10.0'-N 8.0' I A tri o 2%2 S1Y 8.0" 3.0' 5.0' It C+ 2.0' FRAME o 2.0' ® I nd +;ti 8. DWELLING 'n U 10.0' O '— - 2%2 S7Y m ON V' O 110'-- FRAM£ N ON. LI DWELLING N k �A N. 300'h 5.0' h 30' ® "o J` tn O m .7.5..s...1 O ® c- O 3.00'n �� 0 12oo'N I 300'w I `0 0 0 12.00' a l b+ 10.00 _ 20.00' Ni— 80' h 120'16 1'' !, -P! 20.0' • _PORCH PORCHi CONCRETE r 130' T �, 130' ' 130' lI DRIVEWAY p` 8..i -18.0' 8.0' I 8.0. 18.0'-y 1 1,1 11111 12O no' i g k, a IT f� \ ra• CONCRE7E oi > ; RUNNER �i►.V...V C -.V.... ,lJN}.Z JNN STAMP CONCRETE /' 25th STREET STAMP CONCRETE PAVER B4NDPAVER BIND (110' R/W) (M.B. 5, PG. 103) Ocean Bay Homes, Inc. Agenda Item Dl Page 7 Proposed Landscape Plan ,--EEE. / / 1,ri2Cf (7WiC.,i, / (- . . ,, i ,+W'I- L / / / ;ANC SrAP-I AXE., / / LAINC.SCAPE.....T., / / (E.:, 50 ,T; ./ 1e.-J 50 r7) Allik. Allikk/ i/./ . fitiffeIre trilre •Infinte 1$41' prelrelin VIM .,...__ z . , ,-...., . 71AF . Ili . IC4,. ....... . I I 0 LOT-11A 1LOT-11B E I LOT-110 1.. o , IP ,., ,./..; .,,TY CO2 STY T 0.1- ,„c. LI I 7/' , RAVE 2 !,.2 7-r T.W'i 1 TV; I ,' 1 IT/6 0 0 0 o o ... FOITCH I , oo, F G PC i i - 8.0000 1 • 0111001111 / 8iii •e111114 - / 1 , \ .. / . • / / \ 3 ‘‘,._J1,'UoU5iL, 411 I' 11 ror,r or 40o,c,RIP-' , I ',Co...0 f-CAPE AREA I II ..._ . 1 I . • I , I I i AV 7iC-Ark-apre 0o4 S.;,. tl.) 2507 STREET I-SmALLAsED.VA, WAVA:T MTh'Wt.-irrPr_7A4,' 070. .c:/4„.) 0,,P !;, PC. IT? ''''''—.•-- ' . Ocean Bay Homes, Inc. Agenda Item DI. Page 8 Proposed Elevations ..1.s, .... \ , NIMIL.111 / 8 \. El 8 . ,.., / .. „..., -zNN____ ___ ii 11 El3 El] FE . LI ••• Eilr_ •..• ..rms -.014 BEE 8E13i,li ..p, H -.„. mir CD i, •7,1-...T. I . - N 7 7 1 _i 11:111 i i III . U B. I'!11 ii 1 . I _ _ En a . , 11-A -,.. 0 E El ....is I I _. i..,, III• EE I... L.: .. ,-LUJ -- - - - - MAIER In, . • CD kilot 1 1 fiv---. IE3 13331 '----- INV ,...,,,, 11[Tr, a -_...3._ _=-_-_—_.--',.' -. LI_H_t___, vs'"a, cci____- V,r7t 017M Mr '40.111/16\ I Eli EE i r 1I i El ] E •• am _ _ _ :41 ith II t D ;III 'r.n. ®,:n 11-B Ocean Bay Homes, Inc. Agenda Item DI. Page 9 Proposed Elevations I El E I Ull NIL II• MI rn- n rr E El ID isil ,-..--.. . .1411.. i 4.--- I I ---•_-. B Htl ffi 11 r',.. 1 ffii 4're A4 0 11-C Ocean Bay Homes, Inc. Agenda Item D1 Page 10 Site Photos t • • t :i a `2 +i r az: -, , ,,,! PIL ,-.., 1 : iix.-... • 75 kh .' g1 1 9. x.fi :_,. / it 8.4 a , , )11, ,.. • jai . . , • . je.7/ . ......0./. __,..,.: .. . ' (,Li .' M L --„t . . . _ , ,,,r, _,, Ocean Bay Homes, Inc. Agenda Item D1 Page 11 Disclosure Statement It/B \lrginia Beath APPLICANT'S NAME Ocean Bay Homes, 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 l f Disposition of City I Modification of Lby City I Property I Conditions or Proffers Alternative 1 I Economic Development I Compliance,Special Investment Program Nonconforming Use Chan Exce.tion for I (EDIP) g es Board of Zoning — Appeals Encroachment Request I Rezoning Certificate of Floodplain Variance Appropriateness I -- Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property V Subdivision Variance Board Conditional Use Permit License Agreement I Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 r a� \C or k. tiC T \;) ah_ as • Vr2411 Jonathan Sanders Ocean Bay Homes, Inc. Agenda Item D1 Page 12 Disclosure Statement Virginia Beach Check here if the APPLICANT lS NOT a corporation, partnership, firm, business, or other unincorporated organization. ,1 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Ocean Bay Homes If an LLC, list all member's names: Brian C. Large, President; Bradley J.Waltzer, Vice President 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 footnotest and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 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:Patrica A. Martino, Trustee If an LLC, list the member's (for the Patricia A Martino Living Trust) names: Page 2 of 7 Ocean Bay Homes, Inc. Agenda Item D1 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 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 rhe 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 7 Ocean Bay Homes, Inc. Agenda Item D1 Page 14 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ " Accounting and/or preparer of L your tax return Architect/ Landscape Architect/ Land Planner ❑ ® Contract Purchaser(if other than the Anolicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ " purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors �-� Engineers/Surveyors/Agents WPL,Dennis J.Gerwitz Financing (include current TowneBank ® ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 0 Legal Services Sykes, Bourdon,Ahern&Levy,P.0 Real Estate Brokers / BHHS Towne Realty:Suzanne House Ei Agents/Realtors for current and Roscher anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Ocean Bay Homes, Inc. Agenda Item D1 Page 15 Disclosure Statement �N M 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 Applica� Brian C. Large, President 4/1/17 - "'' URE PRINT NAME DATE Ocean Bay Homes,Inc. Page 5of7 Ocean Bay Homes, Inc. Agenda Item D1 Page 16 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ ® Accounting and/or preparer of your tax return ❑ " Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than 1=1 the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ " purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors ❑ ,=� Engineers/Surveyors/Agents Financing(include current Mortgage Electronic Registration mortgage holders and lenders Systems,Inc. ��/ ❑ 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 El ' an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Ocean Bay Homes, Inc. Agenda Item D1 Page 17 Disclosure Statement tiP Virginia Beach CERTIFICATION; — I certify that all of the information contained in this Disclosure Statement Form is compete, 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 ' r to the Planning Commission, Council, VBDA i meeting, or meeting of public body or committee in connection with this Applic-tion. Patricia A. Martino,Trustee PROPERTY•WNER'S S;CNATURE PRINT NAME D TE II • Page 7 o;7 Ocean Bay Homes, Inc. Agenda Item D1 Page 18 Item#D1 Ocean Bay Homes, Inc. Subdivision Variance 2422 Baltic Avenue District 6 Beach August 9, 2017 CONSENT An application of Ocean Bay Homes, Inc. for a Subdivision Variance (Section 4.4(b) of the Subdivision Regulations)on property located at 2422 Baltic Avenue, District 6, Beach. GPIN: 2417-99-6690-0000. CONDITIONS 1. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "Preliminary Exhibit for Resubdivision of Lots 11 & 12 Block 125,Virginia Beach, Development Co., Map No. 6", prepared by WPL, dated March 30, 2017,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the elevations entitled, "Elevations, 25th Street" prepared by Ocean Bay Homes,which have been Item#D1 Ocean Bay Homes, Inc. Page 2 exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. The Landscape Plan shall be in substantial conformance with the submitted site layout exhibit entitled, "Preliminary Planting Exhibit for Resubdivision of Lots 11 & 12 Block 125,Virginia Beach, Development Co., Map No. 6", prepared by WPL, dated March 30, 2017, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. A motion was made by Commissioner Oliver and seconded by Commissioner Horsley to approve item Dl. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE Item#D1 Ocean Bay Homes, Inc. Page 3 WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item D1 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. -40- Item V-K.2. PLANNING ITEM#58327 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED an Ordinance upon application of 5073 VIRGINIA BEACH BOULEVARD,L.L.C.for a Conditional Use Permit re vehicle sales/rental at 5073 Virginia Beach Boulevard. ORDINANCE UPON APPLICATION OF 5073 VIRGINIA BEACH BOULEVARD, L.L.C. CONDITIONAL USE PERMIT, MOTOR VEHICLE SALES, RENTAL AND SERVICE RO11835306 BE IT HEREBY ORDAINED BY THE COUNCL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of 5073 VIRGINIA BEACH BOULEVARD, L.L.C. Conditional Use Permit, motor vehicle sales, rental and service, 5073 Virginia Beach Boulevard. GPIN: 14678586060000;146785852400000 KEMPSVILLE DISTRICT The following conditions shall be required: 1. Right-of-way improvements along Jersey Avenue shall be constructed as deemed necessary by Public Works and the Planning Department and shall include, but are not limited to,pavement widening,curb and gutter,drainage and street lighting. 2. Where streetscape landscaping does not exist along Virginia Beach Boulevard, it shall be installed along the northern edge of the proposed parking lot, as described in the Landscaping Guide,December 2002. The existing and proposed streetscape landscaping shall be depicted on the final site plan. 3. When the property is developed, it shall be in substantial conformance with the Plan entitled, "Conceptual Site Plan of Lots 7&8,Block 26,Parcel—A, Euclid Place,"prepared by WPL,dated 08/29/08, which has been exhibited to the City Council and is on file in the Planning Department. 4. The building on the property shall be constructed in substantial conformance with the elevation entitled, "Proposed Building, 5073 Virginia Beach Boulevard,"dated 08/28/08,prepared by Daugherty&Associates Architecture", which has been exhibited to the City Council and is on file in the Planning Department. 5. There shall be no storage of tires, merchandise or debris of any kind outside of the building. 6. There shall be no outside audio speakers for any purpose. 7. All vehicle repairs shall take place inside the building. 8. 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. December 2, 2008 - 41 - Item V-K.2. PLANNING ITEM#58327 (Continued) 9. Vehicles 'for sale"shall be located within the area designated for display within the paved parking lot. No vehicles shall be displayed on raised platforms, earthen berms or any other structure designed to display a vehicle higher than the elevation of the main parking lot. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Second of December Two Thousand Eight Voting: 11-0(By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 2, 2008 a i lig . � ill 9 (14 , ," , : N th b 1 . pennaylvania Avenue / LW i,iiiINiN\AI 4 14_____' .. , . \ , - 1 enuaAv know I A I ; 4-r i � 4Ya, I 434410 // : ' // . r roi,-,ls,,,,, ,.„ , , ,,,,--4:-.- \,12.ii, ,iir CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 5073 VIRGINIA BEACH BLVD, A VA LIMITED LIABILITY CORPORATION [Applicant & Property Owner] Modification of Conditions (Motor Vehicle Sales) 5073 Virginia Beach Boulevard (GPIN 1467858567). COUNCIL DISTRICT— BAYSIDE MEETING DATE: September 5, 2017 • Background: A Conditional Use Permit for Motor Vehicle Sales was approved on a portion of this site in 2008. The applicant's business has been very successful, and as such, a modification to expand the operation is proposed. The concept plan depicts the existing 4,747 square feet of display area as well as 15,939 square feet of additional display for motor vehicle sales. Additional plant material will be incorporated into the site design. No changes to the existing building nor are any new structures proposed with this request. As part of the expansion, and in conjunction with this modification to the existing Conditional Use Permit, the applicant is also pursuing a Street Closure to incorporate approximately 6,000 square feet of Euclid Road into the property. The details of the Street Closure application are under a separate Agenda Request Form. • Considerations: The proposed landscape improvements will assist in effectively screening this auto-centric use from the adjacent rights-of-way. Planning Commission recommended a change to the condition addressing the freestanding sign to allow a sign 10-foot in height. 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. The site shall be redeveloped substantially as shown on the submitted site layout exhibit entitled, "CONDITIONAL USE PERMIT EXHIBIT OF 5073 VIRGINIA BEACH BLVD, VIRGINIA BEACH, VIRGINIA," dated June 23, 2017 and prepared by WPL Landscape Architects, Land Surveyors, Civil Engineers. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 5073 Virginia Beach Blvd Page 2 of 3 2. A Landscape Plan reflective of the plant material on the submitted exhibit entitled, "LANDSCAPE EXHIBIT OF 5073 VIRGINIA BEACH BLVD, VIRGINIA BEACH, VIRGINIA," dated June 23, 2017 and prepared by WPL Landscape Architects, Land Surveyors, Civil Engineers and of all requirements of the Virginia Beach Landscaping Guide shall be submitted and approved by the Development Services Center Landscape Architect prior to final site plan approval. 3. All landscaping shall be maintained in an orderly fashion. If any plant material becomes diseased or dies, it shall be replaced as depicted in the approved Landscape Plan referenced in Condition 2 above. 4. The building on the property shall continue to be as substantially depicted on the elevation entitled, "Proposed Building, 5073 Virginia Beach Boulevard," dated 08/28/08, prepared by Daugherty & Associates Architecture. Said elevation has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 5. Prior to occupancy of either Vehicle Display Area #1 or Vehicle Display Area#2, as depicted on the site layout referenced in Condition 1, by any motor vehicles for display, landscaping as depicted on the submitted Landscape Exhibit shall be installed. 6. Prior to occupancy of Vehicle Display Area #1, as depicted on the site layout referenced in Condition 1, by any motor vehicles for display, the closure of the subject portion of Euclid Road referenced in the Street Closure request must be finalized. 7. The vehicle display areas depicted on the site layout referenced in Condition 1 above shall be physically designated with a painted strip along the outside perimeter of the area. 8. All vehicles for sale shall be located within the area designated for display on a paved surface. No vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 9. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 10.There shall be no outside audio speakers for any purpose. 11.No outside storage of vehicles in a state of obvious disrepair shall be permitted. 5073 Virginia Beach Blvd Page 3 of 3 12.The existing spinning freestanding sign shall be removed and replaced with a monument style freestanding sign with a brick base and shall be no taller than eight (8)ten (10) feet in height measured from the ground to the top of the sign. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De �rrttAgency: Planning Department��, iiii4 b,,...:-; _( City Manager: a Applicant & Property Owner 5073 Virginia Beach Blvd., a VA Agenda Items Limited Liability Corporation D�1 1 Public Hearing July 12, 2017(Previously deferred June 14,2017) ,l„,.i City Council Election District Bayside D2 Virginia Beach Request Dandy Court /Whet Street Modification of Conditions(Motor Vehicle Sales) Co,d Street Closure (Unimproved strip of Euclid Road) F y 4S''eK Frs4 ne street N f iv.,ytya Floral Street E N Staff Recommendation 2 ` Pov aad,10'd Approval t a E ss ? t E Jeanne Street Staff Planner e�nr,,,,a Jimmy McNamara /)`"w% r f eyd o5 a' 9 p O 0 Q Goad Street Location I 5073 Virginia Beach Boulevard and 5,878 3 �i F square feet of adjacent right-of-way < ,i. GPIN �a 1467858567 1 x o Site Size 1.27 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay - r Existing Land Use and Zoning District e ” f f,, .,t ii<ii '':, Motor vehicle sales& a portion of Euclid Road c 'V 00,- , ' 1 c right-of-way/ B-2 Community Business 1 ' F`f '�f.i ` • � . ./4 k . Surrounding Land Uses and Zoning Districts „ ��f °� • °' North . a Virginia Beach Boulevard _ g, _ _ t,t, = , '-,--/" ii p Indoor shooting range/ B-2 Community f' �' 0 r It,v .... Business D'' South a:'*: - - .. .. Print shop/B-2 Community Business . P East '. '� ,.: /,..,..,,,,,,!..* * ' Pennsylvania Avenue a w r _ « 'y- 'E, II I.e...._ . .T f , a.. Motor vehicle sales/ B-2 Community Business West Jersey Avenue Mixed retail/ B-2 Community Business 5073 Virginia Beach Blvd., a VA Limited Liability Corporation Agenda Item D1 & D2 Page 1 Background and Summary of Proposal • A Conditional Use Permit for Motor Vehicle Sales was approved for the site in December 2008. The approved site plan depicted specific vehicle display areas. At the time, Staff viewed the application as an opportunity to upgrade the aesthetics of the site. The approved plans depicted an attractive building, the addition of plant material on the site, and a logical layout. • Since that time, Staff discovered that much of the landscaping depicted on the site plan has been removed and that the applicant has outgrown this site as vehicles are displayed in areas not depicted on the site plan, resulting in an unorderly site. • To rectify the situation, the applicant now requests a modification of the previous Conditional Use Permit to develop a better site design that will address many of the previous issues. Additionally, the applicant requests a closure of 5,878 square feet of Euclid Road that will be incorporated into the site to provide additional room for his successful business. • The submitted layout depicts street frontage landscaping along the entirety of Virginia Beach Boulevard and Pennsylvania Avenue. The applicant also intends on repairing and replanting existing interior islands that have been covered with a hard surface, installing new interior islands within the new proposed display area that meets the minimum requirements, and providing foundation landscaping for the existing building. • The new layout depicts the existing 4,747 square feet of display area that was approved with the previous Conditional Use Permit as well as an additional 15,939 square feet of additional display area for a total of 20,686 square feet of display area for motor vehicle sales. • No changes to the existing building are proposed with this request. 4 R-7.5 Zoning History y B-2 # Request B-2 ItJ 1 CUP(Motor Vehicle Sales)Approved 12/02/2008 2 STC Approved 05/23/2006 3 CUP(Motor Vehicle Sales)Approved 03/14/2000 CUP(Automobile Service Station)Approved 09/28/1999 4 CUP(Motor Vehicle Repair Garage)Approved �� g_2 02/23/2010 CUP(Recreational Vehicle Sales&Service)Approved / 06/09/1992 6 B-2 a 5 CUP(Motor Vehicle Repair Garage)Approved 11/12/2013 7 B-2 6 CUP(Motor Vehicle Sales)Approved 06/09/1992 7 CUP(Motor Vehicle Repair)Approved 03/17/2015 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 5073 Virginia Beach Blvd., a VA Limited Liability Corporation Agenda Item D1 & D2 Page 2 Comprehensive Plan Recommendations The Pembroke Strategic Growth Area 4 Implementation Plan, adopted in November 2009, identifies this parcel as being within the Central Village District of the Pembroke SGA. In the Central Village District, the Plan calls for an eclectic, mid to low-rise commercial and urban residential area. This development will be in the form of live-work, loft and row-house residential buildings and smaller scale mixed use commercial buildings. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. As the site is already mostly impervious, 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 Virginia Beach Boulevard 32,466 ADT 1 34,940 ADT (LOS 4"C") Existing Land Use 2—83 ADT 64,260 ADT (LOS 4"E") Proposed Land Use 3- 133 ADT 'Average Daily Trips 2 as defined by 2,625 square 3as defined by 16,274 square feet of 4 LOS=Level of Service feet of general retail general retail Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Boulevard in the vicinity of this application is considered an eight-lane divided major urban arterial. The MTP proposes a divided facility within an existing 150 foot right-of-way section. A CIP project is slated for this area. Witchduck Road—Phase II (CIP No. 2-025) involves the improvement of Witchduck Road from 1-264 to Virginia Beach Boulevard, creating a six-lane divided facility within a 131 foot right-of-way with aesthetic improvements. It is currently under construction. This project is not expected to impact the site at 5073 Virginia Beach Boulevard. Public Utility Impacts Water This site currently connects to City water. There are two public water service lines and one water meter located within the area of the proposed street closure. This infrastructure will need to be relocated to the new property line, or an appropriately sized public utility easement dedicated for it. The placement of a public utility within an easement requires a variance to Section 2.3.6 of the Public Utilities Design Standards Manual, and there will be restrictions on development within the easement. Sewer This site currently connects to City sanitary sewer. There is a public sanitary sewer gravity main located within the area of the proposed street closure. This infrastructure will need to be relocated to the new property line, or an appropriately sized public utility easement dedicated for it. The placement of a public utility within an easement requires a variance to Section 2.3.6 of the Public Utilities Design Standards Manual, and there will be restrictions on development within the easement. 5073 Virginia Beach Blvd., a VA Limited Liability Corporation Agenda Item D1 & D2 Page 3 Evaluation and Recommendation While the proposed use is not consistent with the vision of the Pembroke Strategic Growth Area 4, it is compatible with the surrounding uses and current character of this area, which includes other auto related business, warehouse uses, and recreational vehicle sales. As was previously stated, the applicant's success has created a situation where vehicles are not displayed on the site in an orderly manner. In discussions with Staff, the applicant's representative has stated that due to the less than ideal hot weather of the summer months, it is the applicant's intent to address the landscaping deficiencies of the site during the cooler autumn months and after the development of a cohesive site layout. Staff is agreeable to this approach. The updated site layout depicts the planting required by the Virginia Beach Landscaping Guide, which will assist in upgrading the aesthetics of this auto-centric use from the rights-of-way. Staff has recommended a condition that vehicles shall not be displayed in the newly designated areas until the landscaping deficiencies are addressed on the existing site. Also, Staff has recommended a condition that the vehicle display areas be physically depicted on the site with a paint on the asphalt.The proposed nearly 20,000 square feet of display area is arranged in a logical layout that will allow proper ingress/egress and internal flow on the site. A Viewer's meeting was held pertaining to the portion of Euclid Road proposed to be closed. The Viewers agreed that the deficiency in plant material should be addressed through new conditions. It was noted that several public utility apparatuses are located within the portion of the Euclid right-of-way proposed to be closed, and as such, they must be moved, or an easement satisfactory to the Department of Public Utilities will need to be established, which may limit development within these areas. The applicant has stated that it is there intent to remove one of the two public water meters within the right-of-way and to place a landscape island and public utility easement over the remaining water meter. The Department of Public Utilities has indicated that this would satisfy their concerns. Additionally,there is a public sanitary sewer gravity main located with the area to be closed. As this main does not provide service to any customers, the Department of Public Utilities has suggested that it be abandoned and a manhole be located at the property line. The applicant is amenable to this request. Based on the considerations above, Staff recommends approval of this request subject to the conditions below. Recommended Conditions Street Closure 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area of Euclid Road into the adjoining parcels that the right-of-way would have provided direct access to. The plat must be submitted and approved for recordation prior to the final street closure approval. 3. The public sanitary sewer gravity main located in the closed area of Euclid Road shall either be relocated to the new property line, or an appropriately sized public utility easement satisfactory to the Department of Public Utilities shall be dedicated for it. Prior to the dedication of a public utility easement, a variance to Section 2.3.6 of the Public Utilities Design Standards Manual will be required. 4. The public water meters located in the closed area of Euclid Road shall either be relocated to the new property line, or an appropriately sized public utility easement satisfactory to the Department of Public Utilities shall be dedicated for it. Prior to the dedication of a public utility easement, a variance to Section 2.3.6 of the Public Utilities Design Standards Manual will be required. If the water meters are not relocated, a planting island with landscaping material satisfactory to the Landscape Architect shall be located over the meter(s). 5073 Virginia Beach Blvd., a VA Limited Liability Corporation Agenda Item D1 & D2 Page 4 5. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way, this approval shall be considered null and void. Modification of Conditions All conditions attached to the Conditional Use Permit granted by City Council on December 2, 2008 shall be deleted and replaced with the following: 1. The site shall be redeveloped substantially as shown on the submitted site layout exhibit entitled, "CONDITIONAL USE PERMIT EXHIBIT OF 5073 VIRGINIA BEACH BLVD, VIRGINIA BEACH, VIRGINIA," dated June 23, 2017 and prepared by WPL Landscape Architects, Land Surveyors, Civil Engineers. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. A Landscape Plan reflective of the plant material on the submitted exhibit entitled, "LANDSCAPE EXHIBIT OF 5073 VIRGINIA BEACH BLVD, VIRGINIA BEACH, VIRGINIA," dated June 23, 2017 and prepared by WPL Landscape Architects, Land Surveyors, Civil Engineers and of all requirements of the Virginia Beach Landscaping Guide shall be submitted and approved by the Development Services Center Landscape Architect prior to final site plan approval. 3. All landscaping shall be maintained in an orderly fashion. If any plant material becomes diseased or dies, it shall be replaced as depicted in the approved Landscape Plan referenced in Condition 2 above. 4. The building on the property shall continue to be as substantially depicted on the elevation entitled, "Proposed Building, 5073 Virginia Beach Boulevard," dated 08/28/08, prepared by Daugherty&Associates Architecture. Said elevation has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 5. Prior to occupancy of either Vehicle Display Area #1 or Vehicle Display Area #2, as depicted on the site layout referenced in Condition 1, by any motor vehicles for display, landscaping as depicted on the submitted Landscape Exhibit shall be installed. 6. Prior to occupancy of Vehicle Display Area #1, as depicted on the site layout referenced in Condition 1, by any motor vehicles for display, the closure of the subject portion of Euclid Road referenced in the Street Closure request must be finalized. 7. The vehicle display areas depicted on the site layout referenced in Condition 1 above shall be physically designated with a painted strip along the outside perimeter of the area. 8. All vehicles for sale shall be located within the area designated for display on a paved surface. No vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 9. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 10. There shall be no outside audio speakers for any purpose. 5073 Virginia Beach Blvd., a VA Limited Liability Corporation Agenda Item D1 & D2 Page 5 11. No outside storage of vehicles in a state of obvious disrepair shall be permitted. 12. The existing spinning freestanding sign shall be removed and replaced with a monument style freestanding sign with a brick base and shall be no taller than eight (84 ten (10)feet in height measured from the ground to the top of the sign. 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. 5073 Virginia Beach Blvd., a VA Limited Liability Corporation Agenda Item D1 & D2 Page 6 Proposed Site Layout di 02"J7H ;i 1 i r �� '4/302 I ' O 1 �/l r 1 1H 1U NOY 615000 ; 1 I (' / I, 5°98'32E S Seel 1.E (WS ho 260Ne?70011+7740) , 11 f I1.. 17651"to sME-Er rtaer4ca yy�/E6 h I , - cm a XPIA OLA.1• ht PROPOSED Sn6FF7 e4PARCEL I-A rEA& M / /// r;(W 70000d15001117 C) i --4 (14 TIMS2S:0:7N;,%A': \ 01 3015077100)444420; (W 70':47.'00 07RkW MIN ---.. - ' PABre fe-.SLLl.7 0 (--. !o.SMUT FPCW1AG: SPA 140/-33-Lticr j 'u14=444M, %`o (N.1017070.470,00.0:5D; 476 ,......,2F' -` / aa=u1 4.1,4 )> _� ►764]06 - I OMM AY \\S� AIrw�I rI Y4 't 1.+ S 49'77'4-0-- 4041 AO r k, I4 745 79 I I =a, r7009rn r. q1' Z •H .PAmov7 700 SG Tr- ' '' ilf Yd _� W— A5i4AY A+Y,4 4WU.73 �.. .. 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GNOR11 iCNG777 C7kORC (YAW::: 1 %£.TA A4GL£ TA•1G£.',T C 2000' 2241' 21.26 N J2'2751 W l 64'12'40" _ 12.55' INDICATES PROPOSED D/SPLA►' AREAS INDICATES PREVIOUSLY APPROVED DISPLAY AREAS ii 5073 Virginia Beach Blvd., a VA Limited Liability Corporation Agenda Item D1 & D2 Page 7 .1 Building Elevations I AliN, I 1 •.1 • t $ 111 1 l I . \ 1 i '- Tr i , _ ,i, „ _tigilitt ......-. _...1_ , E' 1 , i ,' . stt i. t 6 A I V JL1 I 1 1 , .1,. ._....... .4____ ____ k. 1 , ...„........ 16.1--: 11: 1NH 11 f 5073 Virginia Beach Blvd., a VA Limited Liability Corporation Agenda Item D1 & D2 Page 8 Building Elevations um -'__ -2 :_ !. 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FT 5073 Virginia Beach Blvd., a VA Limited Liability Corporation Agenda Item D1& D2 Page 10 Proposed Street Closure Exhibit CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEAR/NG Cl 20.00' 22.41' 21.26' N 32'27'51" W DELTA ANGLE TANGENT 64'1240" 12.55' J , ..., ,, .4,.704, ,•4,,,-.N• ,per g • • S 6434'11'E IP �� S 00'2852'E - 23.08' •Ex 12 \ S 64:54'11.E EX UCHic MAPLE E% 14 126.51' •" 4110..„400•LE �� x sDCI PROPOSED S/RetEJ CLOS A4E 4id 4 x 14 £ACLIO R�D(f7A4lERLY 64 LY 0 ' CR£EX ) VW (5,8Pa 02 763 D.135 AC) y o ` . EX 12'RCP / ,�, r/ "ER POLE T Vatir 10 � �`� 1 DX 4r�CHAIN �. , .`. DCB LINN FENCEO,c. D'D •,� 12"��.}. ��' II EX CONI i '' ••VALLEY GUTTER n X\ y \ •' A i CIiiOUS ` • DC 12•RCP �� V: 70 # Ex 25' S 49'2244 E �♦ 4 MAPLE4\ i --- 1`- - - -- — - 165.79' 4 , ASP, PA W,la Ex SHRUBS h ci Ex GRAVEL Df itt, g 4 . \\*A" 11. '4 {274 ,, , ,\ 1-STY FR \ N EX ASPHALT PAVEMENT N I I_.__.__. �'_' 'I 1 1 5073 Virginia Beach Blvd.,a VA Limited Liability Corporation Agenda Item D1 & D2 Page 11 Site Photos r ` EtECTauT /� ,rt{J i 1VE.Com 1 I k ruts ,, , 0' .. '4®' i ... - 11 t F \ \' k ' . ' 4 it 4— r, r .r t i \r 5073 Virginia Beach Blvd., a VA Limited Liability Corporation Agenda Item D1 & D2 Page 12 Disclosure Statement ,fi3 Virginia Beach APPLICANT'S NAME 5073 Virginia Beach Blvd., 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 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 Gn C />'i d 5 losses ,,st Le on,!dteJ to-, ;:eeo- c any Page 1 of 7 ro Cc, i55( anti •,I,a: s IL l�f ❑�t'. c .�_ A= _:ANT nCT r EC OF AR SC 12r. 0'Cr =S CI, iL 2.3f11 ) Jimmy McNamara REV 5 ONS_J3! j_ ;,A E u' 5073 Virginia Beach Blvd., a VA Limited Liability Corporation Agenda Item D1 & D2 Page 13 Disclosure Statement 1/T3 Virginia Beach n 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:5073 Virginia Beach Bvld LLC If an LLC, list all member's names: George Loizou, Managing 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 ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1 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: If an LLC, list the member's names: Page 2 of 7 5073 Virginia Beach Blvd., a VA Limited Liability Corporation Agenda Item D1 & D2 Page 14 Disclosure Statement NiT3 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 §2.2-3101. 2 "Affiliated business entity relationship" means "a relationship,p, 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 7 5073 Virginia Beach Blvd., a VA Limited Liability Corporation Agenda Item D1 & D2 Page 15 Disclosure Statement VB APPLICANT Virginia Beach YES NO 1 I needed) SERVICE PROVIDER(use additional sheets if X Accounting and/or preparer of your tax return X 7Architect/Landscape Architect/ Daugherty&Associates Architecture Land Planner � Contract Purchaser(if other than nI^I I the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed N purchaser of the subject property (identify purchaser(s)and purchaser's service providers) XConstruction Contractors XEngineers/Surveyors/Agents WPL Financing (include current TowneBank U n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) — XLegal Services Sykes,Bourdon,Ahern&Levy,P.C. Real Estate Brokers/ nn Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n n an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 5073 Virginia Beach Blvd., a VA Limited Liability Corporation Agenda Item D1 & D2 Page 16 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two - . • .• to he Planning Commission, Council, VBDA meeting, or mee '• • of any • : body or committee in connection with this Applicati. . George Loizou, Mg Member APPLE' S SIGNATURE PRINT NAME DATE 5e, Virginia Beach Blvd.,L.L.C. Page 5 of 7 5073 Virginia Beach Blvd., a VA Limited Liability Corporation Agenda Item D1 & D2 Page 17 Item#D1 & D2 5073 Virginia Beach Boulevard Discontinuance,closure and abandonment of an unimproved strip of Euclid Road formerly Broad Creek Road Modification of Conditions 5073 Virginia Beach Boulevard District 4 Bayside July 12, 2017 CONSENT An application of 5073 Virginia Beach Boulevard for a discontinuance, closure and abandonment of an unimproved strip of Euclid Road formerly an Broad Creek Road and a Modification of Conditions on property located at 5073 Virginia Beach Boulevard, District 4, Bayside. GPIN: 1467-85-8567-0000. CONDITIONS Street Closure 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area of Euclid Road into the adjoining parcels that the right-of-way would have provided direct access to. The plat must be submitted and approved for recordation prior to the final street closure approval. 3. The public sanitary sewer gravity main located in the closed area of Euclid Road shall either be relocated to the new property line, or an appropriately sized public utility easement satisfactory to the Department of Public Utilities shall be dedicated for it. Prior to the dedication of a public utility easement, a variance to Section 2.3.6 of the Public Utilities Design Standards Manual will be required. 4. The public water meters located in the closed area of Euclid Road shall either be relocated to the new property line, or an appropriately sized public utility easement satisfactory to the Department of Public Utilities shall be dedicated for it. Prior to the dedication of a public utility easement,a variance to Section 2.3.6 of the Public Utilities Design Standards Manual will be required. If the water meters are not relocated, a planting island with landscaping material satisfactory to the Landscape Architect shall be located over the meter(s). 5. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and Item#D1 & D2 5073 Virginia Beach Boulevard Page 2 the final plat is not approved within one year of the City Council vote to close the right-of-way,this approval shall be considered null and void. Modification of Conditions All conditions attached to the Conditional Use Permit granted by City Council on December 2, 2008 shall be deleted and replaced with the following: 1. The site shall be redeveloped substantially as shown on the submitted site layout exhibit entitled, "CONDITIONAL USE PERMIT EXHIBIT OF 5073 VIRGINIA BEACH BLVD, VIRGINIA BEACH,VIRGINIA," dated June 23, 2017 and prepared by WPL Landscape Architects, Land Surveyors, Civil Engineers. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. A Landscape Plan reflective of the plant material on the submitted exhibit entitled, "LANDSCAPE EXHIBIT OF 5073 VIRGINIA BEACH BLVD,VIRGINIA BEACH,VIRGINIA," dated June 23, 2017 and prepared by WPL Landscape Architects, Land Surveyors, Civil Engineers and of all requirements of the Virginia Beach Landscaping Guide shall be submitted and approved by the Development Services Center Landscape Architect prior to final site plan approval. 3. All landscaping shall be maintained in an orderly fashion. If any plant material becomes diseased or dies, it shall be replaced as depicted in the approved Landscape Plan referenced in Condition 2 above. 4. The building on the property shall continue to be as substantially depicted on the elevation entitled, "Proposed Building, 5073 Virginia Beach Boulevard," dated 08/28/08, prepared by Daugherty& Associates Architecture. Said elevation has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 5. Prior to occupancy of either Vehicle Display Area #1 or Vehicle Display Area#2, as depicted on the site layout referenced in Condition 1, by any motor vehicles for display, landscaping as depicted on the submitted Landscape Exhibit shall be installed. 6. Prior to occupancy of Vehicle Display Area #1, as depicted on the site layout referenced in Condition 1, by any motor vehicles for display, the closure of the subject portion of Euclid Road referenced in the Street Closure request must be finalized. 7. The vehicle display areas depicted on the site layout referenced in Condition 1 above shall be physically designated with a painted strip along the outside perimeter of the area. 8. All vehicles for sale shall be located within the area designated for display on a paved surface. No vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 9. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. Item#D1 & D2 5073 Virginia Beach Boulevard Page 3 10. There shall be no outside audio speakers for any purpose. 11. No outside storage of vehicles in a state of obvious disrepair shall be permitted. 12. The existing spinning freestanding sign shall be removed and replaced with a monument style freestanding sign with a brick base and shall be no taller than ten (10)feet in height measured from the ground to the top of the sign. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item D1 & D2. 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 D1 & D2 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. - 29 - Item V-L4. PUBLIC HEARING ITEM 0 41040 PLANNING The following spoke in SUPPORT of the application: Attorney Edward It Bourdon, Pembroke One, Fifth Floor, Phone: 499-8971 Robert Miller, 5033 Rouse Drive, Phone: 490-9264, Project Engineer John Painter, 2212 Indian Hill Road Phone:464-1007, President -Baylake Pines Civic League, spoke in support of the application, but expressed concerns relative water. Letter discussing alternatives allowing acceptable use of well water by the applicant is hereby made a part of the record Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon Application of RETIREMENT UNLIMITED, INC,for a Conditional Use Permit for a home for the aged ORDINANCE UPON APPLICATION OF RETIREMENT UNLIMITED, • INC. FOR A CONDITIONAL USE PERMIT FOR A HOME FOR THE AGED R07962046 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Retirement Unlimited Inc. for a Conditional Use Permit for a home for the aged on the south side of Shore Drive beginning at a point 638.47 feet west of Baylake Road Said parcel contains 5.09 acres.BAYSIDE BOROUGH. The following conditions shall be required: 1. This Conditional Use Permit approval shall allow for the establishment of an assisted living facility consisting of 72 individual units and associated common areas and accessory support facilities, including a dining area,parlors, a library, a hair salon, a recreation center, and administrative offices. In addition, the applicant shall provide residents with transportation to off-site activities and services. 2 Development of the facility shall substantially conform with the submitted site plan entitled "Bayville Assisted Living Facility Preliminary Plan", with revisions as noted 3. Exterior design shall conform with the proposed elevations entitled "Baylake Assisted Living, Virginia Beach, Virginia, A Fralin and Waldron Development", dated 4/11/96. 4. The final site plan shall depict a 4.5 foot wide reservation for future right-of-way acquisition along the Shore Drive frontage of the site. Site layout shall be adjusted as necessary to provide for a minimum ten foot street frontage landscape strip, measured from the southern boundary of the 4.5 foot right-of- way reservation. 5. The right turn lane on Shore Drive shall be revised on final site plan to conform to minimum City standards. 6. Prior to final site plan approval, the applicant shall work with the Department of Public Works to achieve an intersection configuration for the site access to Baylake Road that is acceptable to the City Engineer. r ,s, 0 7od4 - 30 - Item V-L.4. PUBLIC;TEARING ITEM 1 41040(Continued) PLANNING 7. The final site plan and subdivision plat shall provide an interparcel access easement allowing for the use of the Baylake Road access drive by future residential development of the residual parcel to the east of the subject site. & The final site plan shall reserve adequate area to accommodate an additional fourteen parking spaces, in the event that additional parking should be needed 9. Upon recision of the Water Emergency Ordinance, the site shall connect to the City water supply system. This Ordinance shall be effective in accordance with Section 107(1)of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of July. Nineteen Hundred and Nueety—Six. Voting: 9-0 Council Members Voting Aye: John A Baum, Linwood O.Branch, III,Harold Heischober, Barbara M. Henley,Louis R Jones,Reba&McClanan, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and William W. Harrison, Jr. Tray 0 100.5 \ ....\. N 7 . , . . ':c •., r . , 11 - . \ . (I gr. %; ' \ • in \ • a I : lill I ; \ ' 1 OC \ Ce IlL:. ilt '.-T.o,74 \A \ --.1 CV A // ',... f ... 414. -..111s;•* ; ,-. ...:`,.... ".•--. — -------_ \ ) % -"'-,-.:: ___. __ \.' \ l. ---_______ ,....."- I= ,- ------------ -----"--,-.11 --'--_, IP ' N - 1100 -.--.."'•-- 1 i 1 1 II kil 7. ..._ v , ,....„.... icior _... ---,_, 0 ...-1 . I ::\ -• ' .•) , 1 IC\', It r...•••,,,V4I. %el '''' ''' 4;C1Q)t 0 0 qr- I 12, 1 . - .,, c.:---- . ..A \ a ‘ 400, _..... _ . __ _\ , , . .1....p..::: , .,------\ . — ,,ez.•\ ., I, .. \ I'l , , • <,.....: . ,,•- „,../ ix II „ . % . ..-c9 ,-....;,.. ..;.:i F ....., _. \ ., ..,_ . _ :71 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NEW MILLENNIUM SENIOR LIVING COMMUNITIES, LLC [Applicant] BAYLAKE LIMITED PARTNERSHIP, W. HEYWOOD FRALIN 2012 REVOCABLE TRUST, W. HEYWOOD FRALIN IRREVOCABLE CHILDREN'S TRUST& KAREN HOLLY WALDRON TRUST [Property Owners] Modification of Conditions (Housing for Seniors & Disabled Persons) 4141 & 4225 Shore Drive (GPIN 1479974820, 1479879740). COUNCIL DISTRICT — BAYSIDE MEETING DATE: September 5, 2017 • Background: In 1996, City Council approved a Conditional Use Permit for Housing for Seniors and Disabled Persons for a 72-unit assisted living facility along Shore Drive. The applicant requests to modify and expand the facility based on a three-phase development plan that will add a total of 204 units to the facility. The submitted elevations depict a three-story, colonial-style building with a maximum height of 56 feet. The maximum height in the R-7.5 District is 35 feet; therefore, a deviation for the proposed height is requested. Consistent with the existing colonial-style building on the western portion of the site, the exterior building materials are depicted with cement fiber board siding, a mix of brick, metal standing-seam and asphalt shingle roof. Additional architectural elements include dormers, balconies, and classical columns. • Considerations: The facility will be operated and managed to offer a campus-style continuum of care for the residents. The site layout depicts a connected and cohesive layout that provides outdoor amenity spaces for the residents, a logical traffic flow and ample screening of parking areas from the adjacent rights-of-way. The applicant has agreed to remove an existing non-conforming billboard located on the site. Although the site is deficient in the minimum number of required parking spaces (262), the proposed 213 parking spaces, in Staff's opinion, are sufficient to accommodate the needs of both the anticipated 25 staff persons as well as and the residents. Section 235 of the Zoning Ordinance permits this a reduction in the parking requirement, if City Council finds that special conditions warrant such a reduction. New Millennium Senior Living Communities, LLC Page 2 of 3 This request has been presented to the City's Senior Housing Review Committee and no objections were raised. Additionally, this request has been presented to the Bayfront Advisory Commission, who endorsed both the use of the site for housing for seniors and the architectural design of the buildings. 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, and the church across Shore Drive to the north submitted a letter of support. • 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 11-0, to recommend approval of this request. 1. The site shall be developed substantially as shown on the submitted site layout exhibit entitled, "INDEPENDENT LIVING FACILITY NEW MILLENNIUM SENIOR LIVING CENTERS (NMSLC) SHORE DRIVE AND FIRST COURT ROAD," dated June 12, 2017 and prepared by AES Consulting Engineers. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. The architectural style, size and quality of materials used for the proposed Phase 1, Phase 2 and Phase 3 expansions to the facility shall be in substantial conformity with the submitted building elevations entitled "ASSISTED LIVING & INDEPENDENT LIVING FACILITY NEW MILLENNIUM SENIOR LIVING CENTERS (NMSLC) SHORE DRIVE AND FIRST COURT ROAD, VIRGINIA BEACH, VIRGINIA," dated June 29, 2017 and prepared by Moseley Architects. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development. 3. A Landscape Plan reflective of the plant material on the submitted site layout referenced in Condition 1 shall be submitted and approved by the Development Services Center Landscape Architect prior to final site plan approval. 4. There shall be no more than 180 independent living units and no more than 96 assisted living units on the site. 5. 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. 6. As required by the Zoning Ordinance, there shall be only one freestanding sign per parcel. New Millennium Senior Living Communities, LLC Page 3 of 3 7. The existing nonconforming billboard along Shore Drive shall be removed. 8. Prior to any occupancy within the proposed expansions, a Certificate of Occupancy shall be obtained. 9. The applicant shall obtain and maintain all applicable licenses required by the Virginia Department of Social Services for operation of the proposed facility. 10. he Vocational School shall operate from the existing two-story building depicted on the submitted site layout entitled, "ALTA/ACSM LAND TITLE SURVEY OF LOTS 70-73 & THE EASTERN PORTION OF LOT 69 PART OF THE PORTER SHELDON FARM (MB 5, PG 46) FOR 100 CONSTITUTION DRIVE ASSOCIATES, L.L.C.," dated January 14, 2015 and prepared by MSA, P.C. 11.Any additional signage onsite shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. A separate sign permit from the Planning Department shall be required for the installation of any signage. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Departmen / r - ( City Manager. NBApplicant New Millennium Senior Living Communities, LLC Agenda Item Property Owners Baylake Limited Partnership,W. Heywood Fralin 2012 Revocable Trust, W. Heywood Fralin Irrevocable Children's Trust, & Karen Holly Waldron Trust 4 Public Hearing August 9, 2017 Virginia Beach City Council Election District Bayside e Request D a Modification of Conditions (Housing for "�q ao.de Seniors& Disabled Persons) „„,..-. Staff Recommendation Approval 110 Staff Planner Jimmy McNamara ,r s Location \, 4141 &4225 Shore Drive B6 GPINs `0'"'"‘ 1479974820, 1479879740 oc.ono,o Site Size 11.45 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Senior housing,vacant land/ R-7.5 Residential , 49. .f \ ,tF , :t'..,/ *4 Surrounding Land Uses and Zoning Districts, • 7' •t r - -s"', North • •Pr ' ,. ,�,.. Shore Drive rI ti'.... ^ '. . c �', 't'-'... . Churches, single-family dwellings/ R-10 � ''; y Residential1 ru?', South -- - ' Q 'r - Baylake Park/ P-1 Preservation �* ' — , _�Y , "'" East '' .. First Court Road :: - r Restaurant/ B-2 Community Business, R-7.5 Residential ` n,West °e .,;-� c w; Baylake Park/ P-1 Preservation 't, it , ,*". 4 New Millennium Senior Living Communities, LLC Agenda Item 4 IPage 1 Background and Summary of Proposal • The nearly 11.5-acre site consists of two parcels. A Conditional Use Permit for Housing for Seniors and Disabled Persons on the western five acres was granted by the City Council in July 1996. Since that time, the site has been developed with a 72-unit, two-story assisted living facility. • The eastern 6.5-acre parcel is currently vacant. As a Conditional Use Permit for Outdoor Recreation was granted by the City Council in December 2013, the site is frequently used for youth sports leagues associated with a nearby church. • The applicant is now requesting a Modification of the original Conditional Use Permit to include the vacant eastern parcel in order to develop that site with additional housing for seniors. • The proposal includes a three-phase development plan that will add a total of 204 units to the site. The first phase is proposed to include 130 independent living units. Phase two will consist of an additional 50 independent living units, and the final phase will add 24 assisted living units. • It is anticipated that the average age of persons proposed to live in the independent living units is 80 years and an average age of 84 years is expected for the assisted living units. Consistent with the existing Baylake Retirement and Assisted Living facility, 24-hour security and staff will be present on the site. • The submitted elevations of the new units depict a three-story building with a maximum height of 56 feet for the central building and 48 feet for the outer wing buildings. Consistent with the existing colonial-style building, the exterior building materials are depicted with cement fiber board siding, a mix of brick, metal standing-seam and asphalt shingle roof. Additional architectural elements include dormers, balconies, and classical columns. • As the proposed building heights are above the maximum of 35 feet permitted by the Zoning Ordinance in the R- 7.5 Residential District, a deviation to the height requirement is requested. Additionally, Phase III is proposed within the side yard setback and requires a deviation. • The site will be operated and managed together to offer a campus-style continuum of care for existing and future residents.The applicant intends on connecting the existing building to the proposed building. This will permanently be accomplished with the construction of Phase three, however; the applicant proposes an enclosed walkway to temporarily connect the two buildings until Phase 3 is constructed. The walkway will be constructed with materials to match the building. • The site access is proposed off of both First Court Road and Shore Drive, with a total of three points of ingress/egress. • Planting material is proposed along the perimeter of the site and between the right-of-way and parking lots located along Shore Drive. • The site layout depicts the addition of 155 parking spaces to the existing 58 parking spaces bringing the total number of spaces to 213. The Zoning Ordinance requires a total of 264 parking spaces for the number of independent and assisted living facilities proposed. However, Section 235 of the Zoning Ordinance permits for this condition to be modified if City Council finds that special conditions warrant such a modification. Several parking spaces located in the rear of the site and along First Court Road are proposed to be covered. Two areas have been designated as future parking areas if necessary. It is anticipated that no more than 25 staff members will be working on the site at any given time. New Millennium Senior Living Communities, LLC Agenda Item 4 Page 2 • Multiple courtyards and outdoor amenity spaces are proposed throughout the site that connect with the existing facilities. • A large wet pond for stormwater management is proposed to the rear of the site. • An existing non-conforming billboard is located on the site along Shore Drive. The applicant has agreed to remove this sign as part of their request. 8a° 10 �s Rte ' •a R40 R-10 Zoning History ,s - r R- -- 4 �4 m # Request ' R-10 o\, j F'- 1 CUP (Outdoor Recreation)Approved 12/10/2013 5 _ -6-10- ^pm r 2'? CUP(Housing for Seniors)Approved 07/09/1996 2 MOD Approved 04/05/2016 ::_t__ .5 CUP jg/2O13 Outdoor Recreation)Approved 04/05/2016 � : I l CRZ R"�o �� STC Approved 05/26/1998 F-I R-40 4 CUP(Columbarium)Approved 07/09/2013 5 CUP(Child Care Center)Approved 04/24/2012 CUP(Religious Use)Approved 05/25/1993 R.- Q 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 This site is located in the Chesapeake Bay watershed. There do not appear to be any significant natural or cultural features associated with the site. 4 New Millennium Senior Living Communities, LLC Agenda Item 4 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 17,300 ADT 1(LOS°"C") Shore Drive 35,360 ADT 1 31,700 ADT 1(LOS'"E") Existing Land Use 2—228 ADT Proposed Land Use 3-490 ADT First Court Road No Data Available 1 Average Daily Trips z as defined by 6.5 acres of 3 as defined by 204 units for housing 4 LOS=Level of Service R-7.5 zoned property for seniors Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Shore Drive in the vicinity of this application is considered a four-lane divided major urban arterial. The MTP proposes a six-lane divided facility within a 165 foot right-of-way. Currently,this segment of roadway is functioning over-capacity at a Level of Service F. A roadway CIP project is slated for this area. Shore Drive Corridor Improvements- Phase II (CIP 2-116)will provide safety improvements, including pedestrian walkways and bikeways, along the Shore Drive corridor from South Oliver Drive/Waterspoint Place to Treasure Island Drive. It will also include improvements along Shore Drive at the Northampton Boulevard interchange and to the intersection at Pleasure House Road and at Greenwell Road. This project is currently on the City's Requested But Not Funded Project Listing. Public Utility Impacts Water This site must connect to City water. There is an existing 16-inch City water transmission main along Shore Drive. Separate water meters will be required for commercial (non-dwelling unit) and residential (dwelling unit) components of the development. The water system must be improved, if necessary,to ensure that the proposed development will have adequate fire protection. Sewer This site must connect to City sanitary sewer. There is an existing eight-inch City sanitary sewer gravity main along Shore Drive and a six-inch sanitary sewer force main along Shore Drive. Additionally,there is an existing 20-inch HRSD sanitary sewer force main along Shore Drive. Analysis of pump station#304 will be necessary to ensure there is capacity for the proposed peak sanitary sewer flow from the development. If adequate capacity is not available, then provision for upgrading the pump station will need to be made prior to approval of the site plan. Evaluation and Recommendation The subject request to modify the existing Conditional Use Permit to allow for the development of the site with an additional 204 independent and assisted living units is, in Staff's view, consistent with the Comprehensive Plan's recommendations for the Shore Drive Corridor. The Plan calls for the avoidance of over-commercialization of Shore Drive and the preservation and protection of the character of established neighborhoods in the vicinity. The site layout depicts a connected and cohesive layout that maximizes the use of the site with outdoor amenity spaces for the residents, a logical traffic flow and ample screening of parking areas from the adjacent rights-of-way. Although the site is deficient of the required 262 required parking spaces,the proposed 213 parking spaces, in Staff's opinion, is sufficient to accommodate the needs of both the anticipated 25 staff persons as well as and the residents,given the prevailing trend of seniors utilizing personal vehicles less and less and the availability of personal transport provided by New Millennium Senior Living Communities, LLC Agenda Item 4 Page 4 the facility. As stated earlier, Section 235 of the Zoning Ordinance permits this a reduction in the parking requirement, if City Council finds that special conditions warrant such a reduction. The submitted elevations depict an attractive colonial-style building designed with high-quality exterior building materials that, in Staff's opinion, appropriately matches the character of the existing building and surrounding area. As previously stated, the applicant is requesting deviations to the maximum height requirement of 35 feet within the R-7.5 Residential District and to the side yard setback through the provisions of Section 221 (i) of the Zoning Ordinance. This section states that the City Council may,for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties, allow reasonable deviations from the following requirements otherwise applicable to the proposed development. Given the commercial character of many of the adjacent properties, and the height of the existing building on the site,Staff does not anticipate any negative impacts to adjacent properties and supports the request for a deviation to the height requirement. Traffic Engineering Staff indicated that a left-turn lane along west bound Shore Drive at the existing median opening will be required, in accordance with Section 3.11 of the Public Works Specifications and Standards. The existing concrete median nose on the west side of the median opening on Shore Drive may need to be relocated to the west, and the east bound left turn lane may need to be restriped, to accommodate the left turn movements out of the site onto west bound Shore Drive. Further details will be worked out during the final site plan review. This request has been presented to the City's Senior Housing Review Committee and no objections were raised. Additionally,this request has been presented to the Bayfront Advisory Commission, which has stated they endorsed both the use of the site for housing for seniors and the architectural design of the building. Based on the considerations above, Staff recommends approval of this application subject to the conditions below. Recommended Conditions All conditions attached to the Conditional Use Permit granted by City Council on July 9, 1996 shall be deleted and replaced with the following: 1. The site shall be developed substantially as shown on the submitted site layout exhibit entitled, "INDEPENDENT LIVING FACILITY NEW MILLENNIUM SENIOR LIVING CENTERS(NMSLC) SHORE DRIVE AND FIRST COURT ROAD," dated June 12, 2017 and prepared by AES Consulting Engineers. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. The architectural style, size and quality of materials used for the proposed Phase 1, Phase 2 and Phase 3 expansions to the facility shall be in substantial conformity with the submitted building elevations entitled "ASSISTED LIVING & INDEPENDENT LIVING FACILITY NEW MILLENNIUM SENIOR LIVING CENTERS (NMSLC)SHORE DRIVE AND FIRST COURT ROAD,VIRGINIA BEACH,VIRGINIA," dated June 29, 2017 and prepared by Moseley Architects. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development. 3. A Landscape Plan reflective of the plant material on the submitted site layout referenced in Condition 1 shall be submitted and approved by the Development Services Center Landscape Architect prior to final site plan approval. 4. There shall be no more than 180 independent living units and no more than 96 assisted living units on the site. 5. 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. New Millennium Senior Living Communities, LLC Agenda Item 4 Page 5 6. As required by the Zoning Ordinance, there shall be only one freestanding sign per parcel. 7. The existing nonconforming billboard along Shore Drive shall be removed. 8. Prior to any occupancy within the proposed expansions, a Certificate of Occupancy shall be obtained. 9. 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. New Millennium Senior Living Communities, LLC Agenda Item 4 Page 6 Proposed Site Layout fr _ z_ ` �� sk jrA �i% % -u laalirelk j..°‘ 1 o c N.11 x I", CU 1.1.1f0 t in cu a a 1 *IAdiplit; tAlf:Allii,' \ \ .. L •n T li - -, : a' it �I lit � s . 4. . LL fi ` • `Y s .X �� +, _ r "� p` fill::. ` 1, 4 f liki Alik,\ I1 14 1 New Millennium Senior Living Communities, LLC Agenda Item 4 Page 7 Proposed Elevations METAL ROOF ASPHALT SHINGLES ROOF CEMENTRgUS PANEL SIDING OR LAP SIDING NKR its 4t a�P)-• . ....101f-4'' '- _:.fir; M.... � �1. ,W.X. Pr's _ '77.-- s� _ ` " r' ��APPANI _ � �7L—I, •' i-■ - I1 1 I - 1- L — . . �1 - 1 1 II 1 6.11 •- 1—l� *�4 : 1= 1 v ;i I '_I I �:I Imo' i-L I 1,�'19..11' Al!11I It_,,! •x'. ` • ��r, ! l L Ig. i i I 1 1 1�1-,- . I ' 1 '1 i mnen1� oiIlru■ 1 f VI X1�l IThilli il.* _i a g: it MOSELEYAIZCHI fFC IS CONCEPT FRONT ELEVATION JUNE 29 2017 METAL ROOF ASPHALT STINGIER ROOF CEMENTRgLK PANEL SIDING OR LAP SIDING MUCK i I - llirAPPAINIIIIIIIII • .:_ r1 -, . ' •c P. ;.r:. I l�: r - I EI —- �IUE 11 I r• ~ 4T Imo' I^1 ��4. .A-111::-, [7-4137, _j 4 *� _1 1 1 �6 f at:.4- '41 "fir` it X a I Mini Ir'ir■1 7. Kit 1r'4 ii 1 ,ii MOSELEYARCHITECTS CONCEPT BACK ELEVATION • JUNE 292017 New Millennium Senior Living Communities, LLC Agenda Item 4 Page 8 Proposed Elevations ASPHALT SHINGLES ROOF 4 IA , ..: 1 . ,,' I , , iK-z-_," ---N. "' �T X t� :� = II c _' Il li A If 11 13 = ;;a► Ix a ' 1,1i4 nl ^ = 7. 181hel®Ilillilgilmll®III I'I = In zu = le MUD RQOINON T TT GUSTING ASSITED WINGG BUILDING MOSELEYARCHITECTS CONCEPT ADDITION &EXISTING ELEVATION JUNE 29 2017 :; fi t-L ..?. 12 ,;, �ij \L Iii y I� ",..W."= "fie " iiih•! _1_ 1 :if I L _ f _ �•� `T♦ .1 Rgal'_ _ tA•P nL _II _I13 1i;..- �rs _!! _ i�t� II}II U i, w.wia.: N'i _ _._n_.: ®O !7(B1 ^„ -- Bar— 4' '! ! I I1-11N I;' Ir I I x e :" i u a c Ea i i��:i�i"b-- 11- ma a c2, I I 1 MOSELEYAkL.NIIC<;IS CONCEPTMAY23 MLLEVAI IN EXISTING BUILDING ...._-....,.I.. .....,iS MAY 77 J017 New Millennium Senior Living Communities, LLC Agenda Item 4 Page 9 Proposed Elevations /611011$10106 IOW , ` , A - : . I " 0 4* CARPORT ELEVATION INDEPENDENT LIVING • a2:S SNORE ORM AMMO LRNGS6 Md - � ~, - -i ,.r n'w e -:a�.r i,.-_ -..1„,-4.,„'s.' ..v77:77-,,, _.r - .;,1 a y- " s , a _ BRICK MONUMENT SIGN Vd Weft RYr LENGTH is VW WIDTH e. CARPORT PLAN New Millennium Senior Living Communities, LLC Agenda Item 4 Page 10 Site Photos 4 �; • s '441t I i n MX.,_, a - .f : t : i -- „ - , asOZ New Millennium Senior Living Communities, LLC Agenda Item 4 Page 11 Disclosure Statement i ..3 \irghn:a Beach APPLICANT'S NAME New Millennium Senior Living, 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 M iod fication of by City Property Conditions or Proffers Alternative Economic Development Compliance, Special Investment Program Nonconforming Use Exce•tion 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 F For; C i uSr-0.i> ri, 11 • n i ,. i„ Page 1 of 7 0 APPL!C.:P T \'c,'ii ftD 0 LEA:INC 1;' l IS 0 c_t+A,4GL5 AS or i?{ 2 7— Jimmy McNamara MI <LVDI01SSU "!,-IED , I New Millennium Senior Living Communities, LLC Agenda Item 4 Page 12 Disclosure Statement 73, Virginia Beach nCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. XI Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: New Millennium Senior Living If an LLC, list all member's names: XBSD, LLC; William Heywood; Lee Fralin Revocable Trust, V/D/T 4-28-06; William H. Fralin, Jr., Bruce H Hedrick; and David R. Doobman 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 1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 0 Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. l l 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 If an LLC, list the member's names: Page 2 of 7 New Millennium Senior Living Communities, LLC Agenda Item 4 Page 13 Disclosure Statement n 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 § 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 7 New Millennium Senior Living Communities, LLC Agenda Item 4 Page 14 Disclosure Statement Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 0 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only►f 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:Baylake Limited Partnership If an LLC, list the member's names: Page 2 of 7 New Millennium Senior Living Communities, LLC Agenda Item 4 Page 15 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) Retirement Unlimited, Inc. 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 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 New Millennium Senior Living Communities, LLC Agenda Item 4 Page 16 Disclosure Statement .v APPLICANTvirginaBeach I PROVIDER (use e additional sheets if YES NO SERVICE 17 Accounting and/or preparer of 1 To Be Determined your tax return X n Architect / Landscape Architect / Moseley Architects Land Planner Contract Purchaser(if other than ❑ X the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed AIG X npurchaser of the subject property I I (identify purchaser(s)and purchaser's service providers) nn Construction Contractors To Be Determined X Engineers/Surveyors/Agents AES Consulting Engineers Financing (include current To Be Determined M n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) NILegal Services Troutman Sanders LLP — Real Estate Brokers / En Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have nI�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 7 New Millennium Senior Living Communities, LLC Agenda Item 4 Page 17 Disclosure Statement .1\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 A•.lication, Xs ; V ATURE PRINT NAME I DATE Page 5 of 7 New Millennium Senior Living Communities, LLC Agenda Item 4 Page 18 Disclosure Statement OWNER Virginia Beach (W Heywood Fralin 2012 Revocable Trust dated December 28,2012) YES NO I SERVICE PROVIDER(use additional sheets if needed) XAccounting and/or preparer of Spencer Hager&Mosdell, P C your tax return Foti Flynn Lowen&Co VAI I I Architect /Landscape Architect/ Moseley Architects Land Planner Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed AIG El ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) CI IConstruction Contractors To Be Determined • riEngineers/Surveyors/Agents AES Consulting Engineers Financing (include current To Be Determined mortgage holders and lenders • n selected or being considered to provide financing for acquisition or construction of the property) Xn Legal Services Troutman Sanders LLP Real Estate Brokers / n n Agents/Realtors for current and anticipated future sales of the subrect .ro.ert SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ In�d an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 New Millennium Senior Living Communities, LLC Agenda Item 4 Page 19 Disclosure Statement 'NB Virginia Beach !CERTIFICATION: II certify that all of the information contained in this Disclosure Statement Form is I complete,true,and accurate. I understand that, upon receipt of notification that the application has been 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. _ � —�-- 5/23/17 Trustee R. Neal Keesee, Jr., Trustee PROPERTY OWNER'S SIGNATURE I PRINT NAME DATE Page 7 of 7 New Millennium Senior Living Communities, LLC Agenda Item 4 Page 20 Disclosure Statement OWNER Virginia Beach (W.Heywood Fralin Irrevocable Lniiaren s i rust dated December 28,2012) YES NO 1 SERVICE PROVIDER(use additional sheets if _ needed) Accounting and/or preparer of Spencer Hager& Mosdell, P C your tax return Foti Flynn Lowen&Co. I I Architect/ Landscape Architect / Moseley Architects I I Land Planner Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed AIG purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors To Be Determined I>\ Engineers/Surveyors/Agents _ AES Consulting Engineers Financing (include current To Be Determined E mortgage holders and lenders ISI selected or being considered to provide financing for acquisition or construction of the property) Xri Legal Services Troutman Sanders LLP Real Estate Brokers / (� 15<1 Agents/Realtors for current and t anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 New Millennium Senior Living Communities, LLC Agenda Item 4 Page 21 Disclosure Statement IAT3 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. PROPERTY OWNER'S SIGNATURE PRINT NAME 3 DATE J Page 7 of 7 New Millennium Senior Living Communities, LLC Agenda Item 4 Page 22 Disclosure Statement OWNER Virginia Beach (Karen Holly Waldron Trust dated October 25,2000) YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of Foti Flynn your tax return X ( Architect/Landscape Architect / Moseley Architects Land Planner Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed AIG DI 17 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Cn Construction Contractors To Be Determined 111 C Engineers /Surveyors/Agents AES Consulting Engineers Financing (include current To Be Determined Li mortgage holders and lenders I/VI selected or being considered to provide financing for acquisition or construction of the property) Eln Legal Services Troutman Sanders LLP Real Estate Brokers / 0 Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have C an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 New Millennium Senior Living Communities, LLC Agenda Item 4 Page 23 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. i PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 New Millennium Senior Living Communities, LLC Agenda Item 4 Page 24 Disclosure Statement Baylake Limited Partnership/ VB Retirement Unlimited, Inc. OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of Foti, Flynn Lowen and Company your tax return Architect/ Landscape Architect/ Moseley Architects Land Planner Elthe Purchaser(if other than the Aaolicant)- 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) ElConstruction Contractors ❑ Engineers/Surveyors/Agents AES Consulting Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ElLegal Services Troutman Sanders LLP Real Estate Brokers / ❑ M Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 New Millennium Senior Living Communities, LLC Agenda Item 4 Page 25 Disclosure Statement IA3 Virginia Beach ter-CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. !I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this. ,Application. 4'F t,N� PRINT \AME r?n-E Prr'.i:ler't , F.s'litrrt'nt thtlint111 ,1, Int Fa4c 5 of 7 New Millennium Senior Living Communities, LLC Agenda Item 4 Page 26 Disclosure Statement Modification of Conditions Of New Millennium Senior Living Communities. LLC Property Owner Information The Property is owned by three trusts as set forth below: 1. W. Heywood Fralin 2012 Revocable Trust,dated December 28,2012; 2. W.Iieywood Fralin Irrevocable Children's Trust,dated December 28.2012;and 3. Karen Holly Waldron Trust,dated October 25. 2000. 4. Baylake Limited Partnership, LLC New Millennium Senior Living Communities, LLC Agenda Item 4 Page 27 Item #4 New Millennium Senior Living Communities, L.L.C. Modification of Conditions 4225 &4141 Shore Drive District 4 Bayside August 9, 2017 CONSENT An application of New Millennium Senior Living Communities, L.L.C. for a Modification of Conditions (Housing for Seniors and Disabled Persons)on property located at 4225 &4141 Shore Drive, District 4, Bayside. GPIN: 1479-87-9740-0000; 147997-4820-0000. CONDITIONS 1. The site shall be developed substantially as shown on the submitted site layout exhibit entitled, "INDEPENDENT LIVING FACILITY NEW MILLENNIUM SENIOR LIVING CENTERS (NMSLC) SHORE DRIVE AND FIRST COURT ROAD," dated June 12, 2017 and prepared by AES Consulting Engineers. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. The architectural style, size and quality of materials used for the proposed Phase 1, Phase 2 and Phase 3 expansions to the facility shall be in substantial conformity with the submitted building elevations entitled "ASSISTED LIVING & INDEPENDENT LIVING FACILITY NEW MILLENNIUM SENIOR LIVING CENTERS (NMSLC) SHORE DRIVE AND FIRST COURT ROAD,VIRGINIA BEACH, VIRGINIA," dated June 29, 2017 and prepared by Moseley Architects. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development. 3. A Landscape Plan reflective of the plant material on the submitted site layout referenced in Condition 1 shall be submitted and approved by the Development Services Center Landscape Architect prior to final site plan approval. 4. There shall be no more than 252 180 independent living units and no more than 24 96 assisted living units on the site. 5. 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. 6. As required by the Zoning Ordinance,there shall be only one freestanding sign per parcel. 7. The existing nonconforming billboard along Shore Drive shall be removed. 8. Prior to any occupancy within the proposed expansions, a Certificate of Occupancy shall be obtained. Item #4 New Millennium Senior Living Communities, L.L.C. Page 2 9. 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 Horsley to approve item 4. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0, the Commission approved item 4 for consent. R.J. Nutter appeared before the Commission on behalf of the applicant. -40- Item -V-K.4 PLANNING ITEM#65094 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council, APPROVED, AS REVISED and CONDITIONED, BY CONSENT: Application of OUTDOOR RESORTS OF VIRGINIA BEACH CONDOMINIUM ASSOCIATION, INC.,for a Conditional Use Permit to comply with the City's Floodplain Ordinance re a Recreational Resort Community at 3665 S. Sandpiper Road DISTRICT 7-PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of OUTDOOR RESORTS OF VIRGINIA BEACH CONDOMINIUM ASSOCIATION, INC., for a Conditional Use Permit to comply with the City's Floodplain Ordinance re a Recreational Resort Community at 3665 S. Sandpiper Road (GPINs 24326431580001 through 24326431583250; 24326431581000 through 24326431581004)DISTRICT 7 -PRINCESS ANNE The following conditions shall be required: 1. The Site shall be developed substantially in conformance with the submitted Site Plan. A maximum of 250 resort residential units are permitted. 2. Residential units may consist of recreational vehicles and park model trailers with a maximum length of 40' and a maximum width of 14'. Maximum height is 18'above the City's design flood elevation. No condominium site may have more than 1200 square feet of impervious cover. 3. Permits are required for any permanent improvements including, but not limited to, parking pads, canopies and foundations. All permanent structures must meet the City's Floodplain Ordinance. 4. A three- (3)foot wide mulched landscape bed must be installed and maintained for each Site along all Back Bay water frontage. Low level plant material must be approved by the Planning Department prior to installation. 5. No additional boat lifts or docks are approved with this application. All conditions attached to previous approvals for boat lifts and docks are still applicable. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourth day of August, Two Thousand Fifteen. August 4, 2015 -41- Item -V-K4 PLANNING ITEM#65094 (Continued) Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Amelia N. Ross-Hammond August 4, 2015 y� r ^^hy 7 Sj is CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: OUTDOOR RESORTS OF VIRGINIA BEACH CONDOMINIUM ASSOCIATION, INC. [Applicant& Property Owner] Modification of Conditions(Recreational Resort Community approved by City Council on August 4, 2015) 3665 Sandpiper Road (GPIN 2432643158). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: September 5, 2017 • Background: In 2015, the City Council approved a Conditional Use Permit for the Recreational Resort Community. Condition 2 of the Use Permit limited the length of the recreational vehicles and the park model trailers within the resort to 40 feet. The requested modification to revise this condition to allow these vehicles to be up to 45 feet in length will bring the conditions of the Use Permit in line with the by-laws of the condominium association. • Considerations: Staff views this modification as a 'housekeeping' type of request that will resolve a conflict between the condition and the condominium association's by-laws. 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 with one abstention, to recommend approval of this request. 1. The site shall be developed substantially in conformance with the submitted site plan. A maximum of 250 resort residential units are permitted. 2. Residential units may consist of recreational vehicles and travel [park model] trailers with a maximum length of 45 feet and a maximum width of 14 feet. Maximum height is 18 feet above the City's design flood elevation. No condominium site may have more than 1,200 square feet of impervious cover. 3. Permits are required for any permanent improvements including, but not limited to, parking pads, canopies, and foundations. All permanent structures must meet the City's Floodplain Ordinance. Outdoor Resorts of Virginia Beach Condominium Association Page 2 of 2 4. A three-foot wide mulched landscape bed must be installed and maintained for each site along all Back Bay water frontage. Low level plant material must be approved by the Planning Department prior to installation. 5. No additional boat lifts or docks are approved with this application. All conditions attached to previous approvals for boat lifts and docks are still applicable. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting DepartnientlAgency: Planning Departmenty," VIvAii • ;` 4' City Manager: S \B Applicant and Property Owner Outdoor Resorts of Virginia Beach Agenda Item Condominium Association Public Hearing August 9, 2017 1 0 City Council Election District Princess Anne Virginia Beach Request ode Modification of Conditions of a Conditional "d` Use Permit) approved on August 14, 2015 (Recreational Resort Community) 1 s \ g Staff Recommendation Approval a t . x Staff Planner Stephen White M M1,VQ Location 3665 Sandpiper Road GPIN 24326431580000 Site Size 63.32 acres AICUZ •, ,.- `� t .1. Less than 65 dB DNL �'t .'!` *j1:;•,, Ai �°;�.j' '' .. G:~ ., ,r� .rte, 1 Watershed t.: ? , tv0A Southern Rivers `44 '`, :+„*;. 10t- •Existing Land Use and Zoning District ! ��\ SITE = filkk f it ,2t .a Recreational Resort Community /AG-2 lit t ,. Agricultural and R-15 Residential .�1+�'lie �,tt.. AO . v • ' �► + ,l .. P. ..Surrounding Land Uses and Zoning Districts `' i�' ' • North , � ``•,r, ,,* .t ; t -� Single-family dwellings /AG-2 Agricultural and ' 'e,,, ,,.o° '! Background and Summary of Proposal • On August 4, 2015, the City Council approved a Conditional Use Permit (Recreational Resort Community) for Outdoor Resorts of Virginia Beach Condominium Association. The Conditional Use Permit has five conditions. Condition 2 states the following: o Residential units may consist of recreational vehicles and park model trailers with a maximum length of 40 [feet]and a maximum width of 14 [feet]. Maximum height is 18 [feet] above the City's design flood elevation. No condominium site may have more than 1,200 square feet of impervious cover. • The maximum length of 40 feet was based on information provided to Staff in 2015 regarding the maximum length of recreational vehicles and trailers allowed at Outdoor Resorts. The By-Laws for Outdoor Resorts, however, provide for a maximum length of 45 feet. There are, and have been for many years, trailers on the property with a maximum length of 45 feet. • The applicant discussed this issue with Staff,and Staff advised the applicant that Condition 2 of the 2015 Use Permit would need to be modified such that the stated maximum length is 45 feet rather than 40 feet. R, I WP°R'' S. 2 ZoningHistoryil Request / 1 CUP(Community Boat Dock)Approved 11/28/2000 4.; ._ � ;I CUP(Recreational Vehicle Resort—boat docks) �%,' � Approved 07/09/1996 �/ I -1. CUP(Motel,Restaurant,Camping,Marina,and Boating /'v� �� �� Facilities)Approved 05/07/1966 46 ,..„ `,r° 2 CUP(Motor Vehicle Rentals)Approved 07/09/2009 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 SIC-Street Closure SVR-Subdivision Variance IComprehensive Plan Recommendations The site is located within Suburban Focus Area (SFA) 6—Sandbridge. The following recommendations apply to this area: • Limited commercial uses may be added provided the type and extent of such uses are scaled to serve only the Sandbridge neighborhood and that the site and building designs are of high quality and consistent with physical characteristics of the neighborhood. • Where opportunities present themselves, consider placing overhead utilities underground. Outdoor Resorts of Virginia Beach Agenda Item 10 Page 2 • Additional public parking and day use facilities should be provided to serve day visitors. • Land uses in the Sandbridge community should be compatible with the environmental objectives of the Back Bay National Wildlife Refuge. • The City and US Navy should continue their long-standing arrangement of providing, when necessary, an emergency public evacuation route from Sandpiper Road north through NAS Oceana Dam Neck Annex to Dam Neck Road. Evaluation and Recommendation The requested modification to Condition 2 revises the maximum allowable length of recreational vehicles and trailers from 40 feet to 45 feet, which is consistent with the condominium association's By-Laws.The applicant is aware that if, in the future, Outdoor Resorts amends its by-laws to allow a shorter length of either a recreational vehicle or a travel [park model] trailer, Condition 2 would not need to be modified since the length would be less than 45 feet. If,however, the amendment to the by-laws allowed for a length greater than 45 feet, Condition 2 would need to be modified. Staff views this modification as a 'housekeeping' type of request that will resolve a conflict between the approved condition of the use permit and the condominium association's by-laws.There is no substantive effect on the compliance of the use with the regulations of Section 241, which provide the specific standards fora Recreational Resort Community. Approval is recommended with the conditions below.To avoid confusion,the full conditions from the 2015 use permit are repeated here, with the only change being the length of the recreational vehicles and travel [park model] trailers. Recommended Conditions The following conditions supersede the conditions of the Conditional Use Permit approved by the City Council for this property on August 4, 2015: 1. The site shall be developed substantially in conformance with the submitted site plan. A maximum of 250 resort residential units are permitted. 2. Residential units may consist of recreational vehicles and travel [park model] trailers with a maximum length of 45 feet and a maximum width of 14 feet. Maximum height is 18 feet above the City's design flood elevation. No condominium site may have more than 1,200 square feet of impervious cover. 3. Permits are required for any permanent improvements including, but not limited to, parking pads, canopies, and foundations. All permanent structures must meet the City's Floodplain Ordinance. 4. A three-foot wide mulched landscape bed must be installed and maintained for each site along all Back Bay water frontage. Low level plant material must be approved by the Planning Department prior to installation. 5. No additional boat lifts or docks are approved with this application. All conditions attached to previous approvals for boat lifts and docks are still applicable. 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 Outdoor Resorts of Virginia Beach Agenda Item 10 Page 3 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. Outdoor Resorts of Virginia Beach Agenda Item 10 Page 4 Site Layout (referenced by 2015 Use Permit) 4 m ^ � N . - - '.. y 7 V g ` `.:1; tie^ ii ---7li'I.. R = II• .' . rF 9, . sof' g Q R sN NoR jI � x t, r .- .,..i" m " , 0 •--, 2 I1K. fC -- 1 ;0°+' 1 • 1 rts7J f ; ,,r04 ,,, .._,...., . ,, ,,,Til,-4, i N _ `4":. { . AN'• ) '_ ' '.s ' m 1 i_ i J . y " ,,� . •,e,N • .-- ..1 : 't' z ``fig i Lig f `0 '.,. 7 I .1.iiii_111 —it` tza S r ) . 3 5 �. ...., i i 1 , .- ill,• %.- ` /`. f_rtEl Fl —ii t ,,, i, ,., ,. ,,-, r H N P'-,•- b NI• w.� '174,1111 •^,} , T- +s 4 �p? , N 11,111_1711.1..:'11� ,� •'l- lF • r-p • N , O 1+ • 1` w �� .d •_ 1 ' i .1. .. ' -- - - ,s �,; '',4•%,'! ! " 'fir--1',''i —_')/`— • Outdoor Resorts of Virginia Beach Agenda Item 10 Page 5 Site Photos -- tit dk r 101 MN06/2.9/21015 .r r *L-./41.4 ,_' �: 1. , , r ` EP j ir a n '• k ; L r- . ttjt 1 t �.,. _ P —;_,_ 08129/2015 !x,'-_/2015 - r >rf�lf14.: Outdoor Resorts of Virginia Beach Agenda Item 10 Page 6 Disclosure Statement 1/13 Outdoor Resorts of Virginia Beach APPLICANT'S NAME Condominium Association DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All dor Insures rn:.the apdateri t.so,2,,seeks prior to any Page 1 of 7 Oa,'n'I9 co mmISson and City Coarul meeUro th.at pertaIds to:'ie dnolfCdUDi'�sl Xj APPI ICANI NOTIf1ED Of HEARING _ nnT 07/03/2017 NO CHANGES AS OE DATE 07/24/2n17 • 4.3/1/- ❑ REVISIONS SUBMITTED DA'f Stephen White Outdoor Resorts of Virginia Beach Agenda Item 10 Page 7 Disclosure Statement Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. 17 I Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Outdoor Resorts of Virginia Beach Condominium If an LLC, list all member's names: Issocfacioii, Inc. If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) SEE ATTACHED LIST OF OFFICERS AND DIRECTORS (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1 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. E] 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:_ If an LLC,list the member's names: Page 2 of 7 Outdoor Resorts of Virginia Beach Agenda Item 10 Page 8 Disclosure Statement OUTDOOR RESORTS OF VIRGINIA BEACH CONDOMINIUM ASSOCIATION,INC. List of Officers and Directors Kenneth J.Kroll - President Linda Lawson - Vice President Kenny Palmer - Vice President Bruce Moehler - Treasurer Kevin Blunt - Secretary Outdoor Resorts of Virginia Beach Agenda Item 10 Page 9 Disclosure Statement N/13 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 SO percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code g 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 g 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 Outdoor Resorts of Virginia Beach Agenda Item 10 Page 10 Disclosure Statement APPLICANT& PROPERTY OWNER Virginia Beach [. II YES NO I SERVICE I PROVIDER(use additional sheets If _ L_ needed) FSI n Accounting and/or preparer of I DesRoches & Company, CPAs, P.C. rvLJI your tax return 111 Architect/Landscape Architect/ Land Planner Contract Purchaser(jf other than D n the Aoolicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ [1 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ n Construction Contractors ❑ a Engineers/Surveyors/Agents Financing(include current ❑ a mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nLegal Services Inman & Strickler, PLC Real Estate Brokers/ n n Agents/Realtors for current and anticipated future sales of the sub'ect •ro.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 I 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 Outdoor Resorts of Virginia Beach Agenda Item 10 Page 11 Disclosure Statement Mr3 Virginia Beach CERTIFICATIOf 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 ant responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VIDA meeting, or meeting of any public body or committee in connection with this Application. ARUCANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Outdoor Resorts of Virginia Beach Agenda Item 10 Page 12 Item#10 Outdoor Resorts of Virginia Beach Condominium Association Modification of Conditions 3665 S. Sandpiper Road District 7 Princess Anne August 9, 2017 CONSENT An application of Outdoor Resorts of Virginia Beach Condominium Association for a Modification of Conditions(Recreational Resort Community) on property located at 3665 S. Sandpiper Road, District 7, Princess Anne. GPINs: 2432-64-3158-0001 through 2432-64-3158-3250; 2432-64-3158-0000 through 2432-64-3158-1004. CONDITIONS 1. The site shall be developed substantially in conformance with the submitted site plan. A maximum of 250 resort residential units are permitted. 2. Residential units may consist of recreational vehicles and travel [park model] trailers with a maximum length of 45 feet and a maximum width of 14 feet. Maximum height is 18 feet above the City's design flood elevation. No condominium site may have more than 1,200 square feet of impervious cover. Item#10 Outdoor Resorts of Virginia Beach Condominium Association Page 2 3. Permits are required for any permanent improvements including, but not limited to, parking pads, canopies, and foundations. All permanent structures must meet the City's Floodplain Ordinance. 4. A three-foot wide mulched landscape bed must be installed and maintained for each site along all Back Bay water frontage. Low level plant material must be approved by the Planning Department prior to installation. 5. No additional boat lifts or docks are approved with this application.All conditions attached to previous approvals for boat lifts and docks are still applicable. A motion was made by Commissioner Oliver and seconded by Commissioner Horsley to approve item 10. AYE 10 NAY 0 ABS 1 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN ABS KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE Item #10 Outdoor Resorts of Virginia Beach Condominium Association Page 3 RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0-1, with the abstention so noted,the Commission approved item 10 for consent. Ken Kroll appeared before the Commission on behalf of the applicant. - 30 - Item VII-I.1.d. PUBLIC HEARING PLANNING ITEM # 34016 Attorney Edward Bourdon, Pembroke One - Fifth Floor, Phone: 499-8971, represented the applicant and initially requested DEFERRAL. John Herzke, Traffic Engineer, distributed two drawings illustrating access to the site. The proposed driveway, if installed on Wolfsnare Road, was superimposed on one drawing to indicate visibility. On the second drawing, a sight distance from Glenfield Court was also depicted. By clearing the vegetation, the sight distance would be increased. Said drawings are hereby made a part of the record. The following registered in OPPOSITION: Captain L. K. Fenlon, Jr., 2224 Scallop Road, Phone: 428-2508, represented the Great Neck Association of Civic Leagues Richard C. Schuler, 808 Mae Place, Phone: 428-9148 Seth Pillsbury, 2037 Wolfsnare Road, Phone: 486-9635 Ellen Medlin, 2109 Wolfsnare Road, Phone: 340-1914, represented the Wolfsnare Acres Civic League Cathy Haley, 2029 Wolfsnare Road, Phone: 463-0525, represented the Wolfsnare Acres Civic League. Dr. Philip J. Laroche, 921 Glenfield Court, Phone: 425-1334, represented the Wolfsnare Acres Civic League and Virginia Beach Methodist Church. Dr. Laroche presented a petition containing 156 signatures of Members and Friends of Virginia Beach United Methodist Church and a petition containing 44 signatures of the residents of Glenfield Court in OPPOSITION. Said petitions are hereby made a part of the record. Nelson Brown, 929 Eastern Shore Road, Phone: 422-4565, represented the Wolfsnare Acres Civic League. Mr. Brown distributed an Executive Summary of the Court Case on January 10, 1989, whereby the Action of the Board of Zoning Appeals was reversed. Said Summary is hereby made a part of the record. A MOTION was made by Councilman Brazier, seconded by Councilman Sessoms to DEFER the application of FIRST COLONIAL MEDICAL AND PROFESSIONAL BUILDING for a Conditional Zoning Classification from R-15 Residential District to 0-2 Office District on the North side of Wolfsnare Road, 433.76 feet West of First Colonial Road, containing 14,374.80 square feet (LYNNHAVEN BOROUGH). Voting: 4-7 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Vice Mayor Robert E. Fentress and William D. Sessoms, Jr. Council Members Voting Nay: Robert W. Clyburn, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: None \ . \ , ‘1:11' ' ' _..._........‘..V . 0 \\\\''' , ___-_--, \----- ,---__.7- , _...-- ---- • % . \ , . .. . \ , .-----' \-141)• \ .. \.,,,. \—\\ \— \\\ N \ ------------:\ss----\ . Ce 0 . \ , , . . '11111t6iii V.\\ e/ V x,i\ig) ' . •,zf\ 0 -oitopli. \ VP 61 1.6 til . ,----- ___ 0 \.__---------A_ ,) L.- I 1---- 0 . ..,(.." ,...... I ) i .,- —1 — 7 > sr-----------7 . ------ -----' .. _-- _ — L_ ---- ___ .......... ___ ___ ... . . ..,-- ..- Wen__tiod_c_c_prt -- - _ __ li _ ____ ILO ____ , _____ I( I _______ . , ___ I g'.:•:::: i ; . 0 t... ,........„. t , o .--------___--------_.---- / 1 / Alexis Court i , . Ce .CI gJ iii CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FREEDOM PROPERTIES VB, LLC [Applicant& Property Owner] Conditional Change of Zoning (R-15 Residential District to Conditional 0-2 Office District) Northern Side of Wolfsnare Road near the intersection of Wolfsnare Road & First Colonial Road (GPIN 2408604261). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: September 5, 2017 • Background: The applicant is requesting a Conditional Rezoning from R-15 Residential District to Conditional 0-2 Office District in order to install a 24-foot wide paved driveway as a means of vehicular access from Wolfsnare Road to the adjacent 0-2 Office District parcels to the north. A plat was recorded in 1979 that created the odd- shaped lot, 15,200 square-foot lot, with a note stating that the property is not a building site. • Considerations: Staff is concerned that providing a commercial access between residentially zoned parcels could have negative impacts on the adjacent neighbors. Staff did receive a letter of support for the rezoning request from the property owner to the east; however, there was one speaker in opposition at the Planning Commission meeting who noted concerns related to screening and buffering of the driveway to her dwelling to the west. Since the Planning Commission meeting, the applicant collaborated with Staff to develop a landscape plan that will provide screening for the neighbors to the west without conflicting with the underground pipes within an existing public drainage easement along the western property line. In addition, the applicant has also added a proffer that in the event City crews need access to the infrastructure within the easement, the property owner will remove and then replace the plants within the easement at his expense. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. • Recommendations: City Staff recommends denial of this request. The Planning Commission passed a motion to recommend denial of this request by a vote of 7-4. Freedom Properties VB, LLC Page 2 of 2 • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffers Recommended Action: Staff recommends Denial. Planning Commission recommends Denial. Submitting Departtnent/Agency: Planning Department -6444 City Manager: Applicant & Property Owner Freedom Properties VB, LLC Agenda Item Public Hearing July 12, 2017 City Council Election District Lynnhaven 2 city uj Virginia Beach 70.75 dB DNL Request Y t*".9. Conditional Rezoning (R-15 Residential to i so ` Conditional 0-2 Office) .e p �� �, Staff Recommendation 3 °s_ • tY Denial n V a n w ? flute+ �^e CQVF Staff Planner Mab`° ��,��`" Robert Davis ao,� WMtExecuttyesc 0.epub"c Hllbop e Location ray"n o Northern Side of Wolfsnare Road near the a S intersection of Wolfsnare Road & First Colonial Road GPIN 2408604261 Site Size 15,246 square feet AICUZ Greater than 75 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District "7 -' V, ‘•'‘ Undeveloped/ R-15 Residential � j t j 'ti .. ` Aik � » f` 7' j -4,0:r Surrounding Land Uses and Zoning Districts • North rr, r _ '' ;,:. VII Undeveloped, medical office/0-2 Office l i South R r Wolfsare RoadIft? 4, Single-family dwellings/R-7.5 Residential, R-10 L., l Residential Ayr- East Single-family dwellings/ R-15 Residential e 1 fit :, West r :. , ' Single-family dwellings/ R-10 Residential t';... LL :Itt. 'wHiVIIIIM Freedom Properties VB, LLC Agenda Item 2 Page 1 Background and Summary of Proposal • The 15,000 square foot site is currently zoned R-15 Residential District and is an oddly shaped, undeveloped parcel. A driveway,which does not meet Public Works Standards, provides access from Wolfsnare Road to the adjacent parcels to the north. • The applicant is requesting a Conditional Rezoning from R-15 Residential District to Conditional 0-2 Office District in order to install a 24-foot wide paved drive aisle as a means of vehicular access to the adjacent 0-2 Office District parcels. No buildings are proposed to be constructed on the 15,000 square foot site with this request. • Subject to approval of this rezoning,the northern property line will be vacated and incorporated into the adjacent parcel,which the applicant also owns and plans on ultimately redeveloping that site with a three-story office building. Contiguous to the proposed office building, but on a separate parcel, a grocery store is planned. According to the applicant,a cross access easement exists between the office property and the grocery store property. Each of these businesses do have vehicular access along First Colonial Road. • The subject parcel under consideration is encumbered by two easements. Along the western property line is a 20-foot wide City drainage easement that contains stormwater improvements. Along the eastern property line is a 27-foot wide private egress/ingress and utility easement that is for the benefit of the adjacent parcel to the north. • Residential zoning districts and existing single-family dwellings exist to the west and east of the property. Section 803 of the Zoning Ordinance requires Category IV landscaping within a 20-foot wide buffer when an 0-2 Office District adjoins a Residential District.The proffered concept Landscape Plan depicts a planted buffer but with a variable width of seven to 20-feet wide along the eastern property line. A 20-foot buffer is depicted along the western property line, but entirely within the City drainage easement. The City has a long-standing policy of discouraging the installation of plants within a drainage easement in order to protect the integrity of the infrastructure located within the easement and as a means of ensuring a clear area for any required future maintenance of the infrastructure. • The monument sign depicted on the conceptual landscape plan will require a Board of Zoning Appeals Variance as Section 805 of the Zoning Ordinance limits a property to just one freestanding sign,which will likely be installed along First Colonial Road. • Requests to rezone this property from a Residential District to an Office District were submitted and denied in 1981, 1983, and 1991 for reasons of incompatibility with the adjacent residential uses. Freedom Properties VB, LLC Agenda Item 2 Page 2 0-2 • `1 R--10 R-15 Zoning History R-to , , ,___,----<--- # Request / 1 REZ(R-15 to 0-2) Denied 01/22/1991 j J REZ(R-4 to 0-1) Denied 05/23/1983 - I ( ,„, REZ(R-4 to 0-1) Denied 01/26/1981 R-10 11-7.6 ', I R-7.5 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. Adjacent to the east of this site is designated as the Suburban Focus Area 5- First Colonial Medical Corridor; an area which includes medical offices, rehabilitation centers, senior housing and a good mix of non-medical uses such as banks, general offices, places of worship and other neighborhood based services. The general planning principles for the Suburban Area focus primarily on creating and maintaining great neighborhoods through stability and sustainability. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. Natural and Cultural Resources Impacts The site is located 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 11 a„ Existing Land Use 2—10 ADT Wolfsnare Road 4,600 ADT 9,900 ADT (LOS D") N/A 3 1 Average Daily Trips z as defined by 15,246 3 the accessway not in and of itself a LOS=Level of Service square feet of R-15 zoning generate any trips Master Transportation Plan (MTP) and Capital Improvement Program (CIP) This site is located off of Wolfsnare Road, near the intersection of Wolfsnare Road and First Colonial Road. Wolfsnare Road is a two-lane Collector Roadway that connects to Great Neck Road and First Colonial Road at traffic signals,thus making it a cut though road between these two major arterial roads. There are no plans to improve Wolfsnare Road. Freedom Properties VB, LLC Agenda Item 2 Page 3 Evaluation and Recommendation The proposal to rezone this site to Conditional 0-2 Office District in order to provide a vehicular means of ingress/egress for the future office and grocery store use to the north, in Staff's view, is not consistent with the Comprehensive Plan's goals that recommend that neighborhoods be maintained or enhanced through land use activities that are compatible in type and intensity and through effective buffering. With the formalization and installation of this driveway along Wolfsnare Road, coupled with the imminent construction of the Aldi Grocery Store and the redevelopment of the office buildings to the north, both of which benefit from an ingress/egress easement for vehicular movement between these site,the adjacent residential parcels will likely experience an increase in vehicular cut through traffic, particularly during peak travel times.This cut through traffic could have negative impacts on the users of the office building as well, as conflicts will arise between drivers from the grocery store using the cross access easement as a means of avoiding the light at First Colonial Road to arrive at Wolfsnare Road. As Wolfsnare Road serves a primarily residential area, Staff anticipates negative impacts to the adjacent properties and a rise in the potential for complaints related to noise and increased traffic. Due to the configuration and the presence of existing drainage and utility easements, installation of the minimum required landscape buffering is impossible. In other words,due to the site's shape and size, it is impossible to construct the driveway and install the required buffers outside of easements.As the utility and ingress/egress easement along the eastern property line exists for the benefit of the applicant's property to the north,there is less concern regarding maintenance of any infrastructure within that easement, however,screening of driveway to the residential property to east remains a concern. The proposed planting area is depicted as being variable in width,from seven to 20 feet wide. In reference to the City's drainage easement along the western property line,Staff has consistently recommended that plants not be located within an easement, particularly when infrastructure is present.This is the case for the western portion of this site:there is not enough width to accommodate the required Category IV buffer outside of the public drainage easement. Based on the potential negative impacts to the adjacent residential homes with the increased traffic,the inability to install the full buffer along the eastern property line,as well as the inability to install plants outside of the easements, Staff is not supportive of the request as presented. 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," (5107(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 the Property is developed, it will be landscaped and have buffers on the east and west sides of the Property substantially as depicted and described on the exhibit labeled "CONCEPT LAYOUT PLAN 018-LANDSCAPE" (Sheet LI) dated June 7, 2017, prepared by American Engineering,copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning(the "Landscape Plan"). PROFFER 2: When the Property is developed, it will have a paved access roadway,to be maintained by the Owner of the Property, located on the Property substantially as depicted on the Landscape Plan.The sole use of the Property will be to provide ingress/egress via the paved access roadway. Freedom Properties VB, LLC Agenda Item 2 Page 4 PROFFER 3: The paved access roadway on the property will have a posted speed limit of 15 miles per hour. Proffer 4: When the Property is developed, it will have one externally lighted monument sign located on the Property substantially as depicted on the Landscape Plan.The sign will be no higher than four(4)feet and no wider than six (6)feet, providing no more than eighteen (18)square feet of sign face per side. Proffer 5: In the event the City must gain access to the storm drainage pipes located within the easement below portions of the buffer on the Property for maintenance or emergency repair, and such activity results in damage to the buffer or the plantings thereon,the Owner of the Property will, at its sole expense, be responsible for the removal of the landscape materials and their replacement to restore the buffer with similar plantings to those on the Ctiy's current list of approved plants. Proffer 6: 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 not acceptable. The proffers do not help ensure that the proposal is developed following the vision established for the Suburban Area within the Comprehensive Plan in terms of maintaining or enhancing the existing neighborhood through compatibility with surroundings, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. 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. Freedom Properties VB, LLC Agenda Item 2 Page 5 • Proposed Site Layout ,.fir - I . � !t'I i-- i rif {i� , 60-5560 111 1i� INTERNAL PROPERTY LINE TO BE VACATED; I rt...1.. .-- JOINED WITH NORTHERN O-2 PROPERTIES note w lamwy IppI pH0n8.-6 caws206-60-3769\ �mwl,I0 cc-1 r \ ) ' 1.1 . uzz v OF-_ - / Wins . \ / LL '/) \ . SITS WM,TSTATISTICS LL F I \ s'.. A / / NORry VW I SAXe i O n Al*IS \ / J/ OEVEIOPMEM DATA °'0'4:,c1-‘,7," IOpyC O1 o�(l e I Knee IMAM l5'rrofT AgA t MM., CIT•T rV woo.. w // . 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Freedom Properties VB, LLC Agenda Item 2 Page 6 Proposed Site Landscape Plan Configured with Adjacent Conceptual Site Plan I L. ,"1tf- 'iillil ` ;Sil .l jIl4 VI la , __4_} i i--1-.T--1 U7M-k r 7,t_ t iy /e.-a t 0 I I I TT.I I I {J I I 17. _'I � i ' gi Si r, f eD .I 1 W ' PRDPosz Z 2 I Y '1` '•,• r_ Mm�OAL OFF1CC __-1• • W 0_• r SF t..-' 47227 SF TOTAL 1 1 I! c O iI 1 I-•' 118'1154' f • , 1 gra 1 ..,re 3 A U- ` !_ i .� D I IMPI1nw v«r.aa.�uaaoo nc 5 I /4. I MOM.AwA 15 OM"OINK IQT/U MTA) 055 aas .0 4 c � -- D.? 0701.1F2 f mow QI 1 I G7MGORY N DUFFER GV.CULATgNS a•iinr.i i r Ap.nrt ro,0TOemT _QI T! 2G1W tort 3.LTF IPY ........01. "vrcluiorx�nM »AgaTTrro.nol.lw •,•-••••••- �,:1� 1:{�., =:=:"..... .�. 1C17VvW a g}1n 8•M.O.•'sIrs CAMPY n u.uYwl.uma -,. �' -......�..., lw1cJTRTi.1P51 15'SNC.O-'!T.lS Y0MouWM.c l.04T n' .... ....n` %"P 7:.I crena MOM,.Pe MANN MS _.O A•, NOK kW 0....v IS 1500 sy..10.N01ML 4 m: ! Rsum Nam.tSS r..0I.Of- INO owu.l YT4P.111T M1,•OT01w Z]1{ , ,1/40 I 03110+103 taal�rrw.c•cTl® M..0 aWvmcN1 1nwas ire Vo noa NVA ��+P{ ,; /.`; PLANT SCHEDULE IX 525214 1 w1' T;a MM.00.03 s 0.15 nA 1 um n anon.A.TA .. ej�u �1'P FLAW LIST 7n WKS 0s� . m(` ia\IIi• �1:4. y Aa •+11. wn..aL10K o0.•1a11wE >e m.r. C0.1.c1. Mame MA= 21Y.1w.An MOO 10011 31006.0 a W`�1 1111, I 21 COMUT 91.35 MOM. /LIP Ah`1 ,. ...�. .... It� :...0. s N0uw.1r0u.om oOV -----___- .aw•m•A.rao1 .wneno.l...Tn-,ovc. CONCEPT A LLTSNARE ROAD 101•.„1A1 LAYOUT NAR ABI F YOTN MANIC WW1 '.....1 MAYAN&COMPONENTS PLAN 018 LANDSCAPE 0 • r.r.. ...ow.w.r. 10..1•Nac • E.01•TT0001IXIYMTA IM.a/r/74110 PLAN O • ... r....�. .x.•4n... ▪ S 0"i.INMcn Coyne/4 NVR4/M/1411, .w ;�•SC I WVaT.m 1M GTT P.LG1CTA0•100 • L800102..4oMT111.1011 C11T 20.0C porn.un -� LI Freedom Properties VB, LLC Agenda Item 2 Page 7 Proposed Site Layout Configured with Adjacent Conceptual Site Plan I — I - - B — - - - - — — . ks )- % ,3 SP LI 14 SP t/ 13 SP /.`�//i/ �— '5 SF \ 18 SP I ` i// J RI / 7 SP a -- / •/ PROPOSED i ,LO SP _SI I n a //j 3-STORY MEDICAL 12 I — - G _ 17.500 SF I— l erwY�. �t;^, 125'X 140' f. a! a r./ sr — — — — d SITE STATIST r j /1I ,R ` I PROPERTY MSCI 15 SP „ —_ -, PROPERTY AREA. 20'CATEGORY IV LANDSCAPE BUFFER _ �- - J CURRENT PLOPE /477 SP __' j, _ _ y`�� // i� %! (��j�j DEVELOPMEI 'j/ %yj///%/i/% '7/•% 1 1���.��dLdiG�!//L ___ PROPOSID ZONA Y, >R It�YRri il T- m.er BUILDING CTj�I 4 % Y% (01 ZOMI 1 �J Q 51 l 20'CATEGIORY LV I \ /` h LANDSCAPE BUFFER ZONING LANDSC i?\ MAXIMUM BUILD .. ��� I.. VARIABLE WIDTH(T�INIA41A1) I BUDDING AREA 44 / CATEGORY IV LANG BUFFE ENCE �� Parcele nested 4. 7 I PARKING REWIR ✓/ %// to be Rezoned I PARKING PROVIC //� 5TORMWATER M r. '% is I I '' ft DRAWING CC 411111‘ II / .-_____42 '�• I •I • • PROPERTY - fo • ZONING IR • PROPERTY • LANDSCAP WOLFSNARE ROAD (VARIABLE WIDTH PUBLIC R/W) Freedom Properties VB, LLC Agenda Item 2 Page 8 Location of Easements on the Subject Parcel 1 Jam_ • 4 508 GLENFIELD CT 1 908 1 1 1 \ - ..-- 1 /� 1 1 1 ____ ' 1 Area_Impacted 1- I` 1 FDrainage Easement 1 1 1---- 1 1 904 GLENFIELD CT 1 1 1 1 904 1 1 1750',iOLFSNARE FL 7 1 / 1 r /i 1 i kJ V . / --_` 1 / ,¢' r 't t1! /471 1 1 / A A 1 // 11 O r 1 �j ,11 / tip r N 11 1750 / 9!0 / ` 1 I U1 / / 1 5000 GLENFELD CT / \ ' --_...,---- / 1 / / 1 I Ir r / r L 1 ,rte i rr Freedom Properties VB, LLC Agenda Item 2 Page 9 Site Photos ib bi - I • j : ,Parcra • R'Ilit . '' equested to . - N 1 be Rezoned,. 44 . .r., n ..i.' .,1 711.11111111,,* i I '. %- --'- - f4410,e* Y ' ,,-..--116:, lit 4111, - .4.P. .q .: '. y .14.,,,a',,:i_.":1-:,,,- : , -.,.• • } t l sy Freedom Properties VB, LLC Agenda Item 2 Page 10 Disclosure Statement Virginia Beach APPLICANT'S NAME Freedom Properties VB, 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 1 XI 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 -n ru t1SI Oti'I /nr o•w•.• niusl 'If "r t0. Page 1 of 7 r - ar :Lt.If f the, n; t:,Ulf iT:uiCo6J.:'_, APDL CAI 1 \o ir;EU Or IIF,^.RI�C.._ I.A'c NO c i rlcFc As OI F,l c s I Carolyn Smith f VlS,oa S B6'ITrtro U:..i '• Freedom Properties VB, LLC Agenda Item 2 Page 11 Disclosure Statement ;d I Virginia Beach U Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Inl Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Freedom Properties VB, LLC If an LLC, list all member's names: Freedom Investments, LP O.E. Burke III & Lindsey K. Burke 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 or affiliated business entity z relationship with the Applicant: (Attach list if necessary) Freedom Investments, LP See next page for information pertaining to footnotest and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 0 Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER /S 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 Freedom Properties VB, LLC Agenda Item 2 Page 12 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 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§ 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 7 Freedom Properties VB, LLC Agenda Item 2 Page 13 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE I PROVIDER(use additional sheets if needed) ❑^ Accounting and/or preparer of BDO your tax return �( 1 Architect/Landscape Architect/ Baskervill u 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) El1 IX Construction Contractors Engineers/Surveyors/Agents American Engineering Financing(include current TowneBank lX [1 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) CLegal Services Poole,Brooke,Plumlee PC Real Estate Brokers / Owner,O.E.Burke III is a licensed ❑X111 Agents/Realtors for current and Real Estate Agent in Virginia 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 X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Freedom Properties VB, LLC Agenda Item 2 Page 14 Disclosure Statement 1113 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 I meeting, or meeting of any public body or committee in connection with this Applica¢onrv _ - _0_ 0.E. Burke III 4.19.17 APPLICA '5 SIGNATURE PRINT NAME DATE Page 5 of 7 Freedom Properties VB, LLC Agenda Item 2 Page 15 0.11„E,10 rik r z CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE d Of OUR N pU` 4 5 In Reply Refer To Our File No. DF-9879 DATE: August 23, 2017 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilso DEPT: City Attorney RE: Conditional Zoning Application; Freedom Properties VB, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on September 5, 2017. I have reviewed the subject proffer agreement, dated August 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 AGREEMENT THIS AGREEMENT is made this 1St day of August, 2017, by and between FREEDOM PROPERTIES VB. 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 parcel of property located in the Lynnhaven District of the City of Virginia Beach, Virginia, containing approximately .33 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference. The parcel described herein and in Exhibit "A" is hereinafter referred to as the "Property"; and WHEREAS. the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach. Virginia. by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-15 Residential District to Conditional 0-2 Office 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 uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change. and the need for various types of uses. certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise: and GPIN: 2408-60-4261-0000 Prepared b.: Albert H.Poole.Esq. VSB#: 19709 Poole Brooke Plumlee PC 4705 Columbus Street. Suite 100 Virginia Beach.VA 23462-6749 WHEREAS. the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee. as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the 0-2 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property. which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW. THEREFORE. the Grantor, for itself, its successors, personal representatives. assigns. grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro 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 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 Grantor. its successors. personal representatives, assigns. grantees. and other successors in interest or title: 1. When the Property is developed. it will be landscaped and have buffers on the east and west sides of the Property substantially as depicted and described on the exhibit labeled "CONCEPT LAYOUT PLAN 018-LANDSCAPE" (Sheet L1) dated July 27, 2017, prepared by American Engineering, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the '`Landscape Plan"). 2 2. When the Property is developed, it will have a paved access roadway, to be maintained by the Owner of the Property, located on the Property substantially as depicted on the Landscape Plan. The sole use of the Property will be to provide ingress/egress via the paved access roadway. 3. The paved access roadway on the property will have a posted speed limit of 15 miles per hour. 4. When the Property is developed, it will have one externally lighted monument sign located on the Property substantially as depicted on the Landscape Plan. The sign will be no higher than four (4) feet and no wider than six (6) feet, providing no more than eighteen (18) square feet of sign face per side. 5. In the event the City must gain access to the storm drainage pipes located within the easement below portions of the buffer on the Property for maintenance or emergency repair, and such activity results in damage to the buffer or the plantings thereon. the Owner of the Property will. at its sole expense. be responsible for the removal of the landscape materials and their replacement to restore the buffer with similar plantings to those on the City's current list of approved plants. 6. 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 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 3 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 ordnance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia. shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied: and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement. damages, or other appropriate action, suit or proceeding. (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate: (3) If aggrieved by any decision of the Zoning Administrator. made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and 4 (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 Grantor and the Grantee. IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: FR. t+OM PROPERTIES VB. LLC By: f �-� O. E. Burke. III. Executive Manager COMMONWEALTH OF VIRGINIA: CITY OF VIRGINIA BEACH. to-wit: The foregoing instrument was acknowledged before me this 1st day of August, 2017, by O. E. Burke,. III. Executive Manager of Freedom Properties VB. LLC. He is [x ] personally known to me, as identification. 12 Notar ublic Notary Registration No.: 164`t 354 My Commission Expires: 8 . 3 I . a201 JOHN STEPHEN: PROESCHER NOTARY PUBLIC REG. #7664394 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES AUG.31,2019 5 EXHIBIT "A" ALL THAT certain lot. piece or parcel of land located in the City of Virginia Beach. Virginia, and more particularly shown on that certain Plat entitled "Plat Showing Private Ingress-Egress and Utility Easement Across Property of First Colonial Medical and Professional Buildings Described in D.B. 1964 P.801 and M.B. 137 P. 25, Lynnhaven Borough Virginia Beach, VA", recorded in Deed Book 2678 at page 1191 and bounded and described as follows: Beginning at a point in the northern side of the right of way of Wolfsnare Road. which point is located South 77 degrees 20' 40" West 433.76 feet from the northwest corner of Wolfsnare Road and First Colonial Road. and from said point of beginning running North 07 degrees 44' 51" West a distance of 80.68 feet to a point; thence running North 22 degrees 59' 31" East a distance of 25.73 feet to a point; thence running North 04' 49" East a distance of 89.69 feet to a point on the southern edge of Parcel One above; thence South 76 degrees 09' West a distance of 58.92 feet to a point; thence running South 01 degrees 33' 36" East a distance of 65.14 feet to a point; thence running South 22 degrees 59' 31" West a distance of 67.17 feet to a point; thence running South 47 degrees 56' 29" West a distance of 83.25 feet to a point; thence running South 03 degrees 57' 40" West a distance of 18.63 feet to a point in the northern side of the right of way of Wolfsnare Road; thence in an easterly direction along the northern side of Wolfsnare Road a distance of 147.73 feet to the point of beginning. IT BEING part of the same property conveyed to Freedom Properties VB. LLC. a Virginia limited liability company from First Colonial Medical and Professional Buildings. L.L.C.. a Virginia limited liability company by deed dated August 31. 2016 and recorded September 2. 2016 in the Clerk's Office of the Circuit Court of the City of Virginia Beach. Virginia as Instrument No. 20160902000786620. GPIN: 2408-60-4261-0000 6 Item#2 Freedom Properties VB, L.L.C. Conditional Rezoning R-15 Residential to Conditional 0-2 Office Northern side of Wolfsnare Road near the intersection of Wolfsnare Road & First Colonial Road District 5 Lynnhaven July 12, 2017 REGULAR Bob Thornton: We would now like to address the remaining matter son the agenda for today. I would like to ask the Secretary to call the first item. Jan Rucinski: The first item is item 2, an application of Freedom Properties VB, L.L.C. for a Conditional Rezoning R-15 Residential to Conditional 0-2 Office on property located on the northern side of Wolfsnare Road near the intersection of Wolfsnare Road and First Colonial Road, District 5, Lynnhaven. Brad Martin: Thank you. Good afternoon Commissioner Thornton,Commissioners. My name is Brad Martin. I am with American Engineering. My business address is 448 Viking Drive, and I'm here to speak on behalf of the applicant Freedom Properties. I do have some handouts. After I get over my first little bit of nervousness, I usually love coming to these kind of public hearings because I get to stand here and say we're proud of our project, and we've enjoyed the opportunity to work with City staff, and we agree with almost everything we read in the staff report except for the one or two minor things. Can we hammer them out right now? Unfortunately, that is not the case today. We are proud of our project. We think we've got a great project here that is going on a high traffic area, First Colonial Road. We have specific difficulty with almost everything in the staff report except for the identification of the property, and the description of the project that we intend to pursue. We have a small residential piece of property that touches Wolfsnare Road.You all are familiar with it. You're familiar with Wolfsnare Road. It is currently zoned Residential R-15. It is sandwich in between residential on both east and west. Let me first say that we were never expecting a full throated endorsement for approval from the Planning Staff. We know that this project has challenge. It is geometrically challenged. Like I say, it is between two residential pieces of property and to rezone it 0-2 Office, does not make sense. What does make sense is we are intending to rezone this property to match the rest of the property that the applicant 0. E. Burke, who is here today, owns with Freedom Properties. And, all we are intending to do with this piece of property is to use it as a drive aisle as a north/south connector(there is the more fully featured site plan). We are intending to use it as a drive aisle to connect from North South to both the three story medical office building that Freedom Properties is intending to build and it is also going to serve the Aldi Building,just to the north of us, which does have an egress/ingress easement across this property to let their drivers use that winds out to the south. I had prepared this five page kind of diagram handout and it seems like these five pages address every one of the questions that I heard in the informal session, and I would like to go through that very quickly, if I can. I know you want,you probably want to get your questions on the record but I will just describe the project from these diagrams very quickly. We are a triangular piece of residential property and if you look at the first page that I handed out,you have, in pink, a 30-foot front yard setback,you have a green drainage easement on the side, and you have an orange utility easement on the east side, and what that leaves is about 3,900 square feet of buildable area in white behind the front yard setback. If someone was to build a house and take a 3,000-4,000 square foot footprint to an architect, he could certainly design a house. Item#2 Freedom Properties VB, L.L.C. Page 2 But not in the triangular shape that we got here, so there is no house that can be built on this residential piece of property. It is obviously because this is a very fashionable corridor. It is a nice place to be. The fact that there is not a house there now speaks to that. We are geometrically challenged primarily at the north end of our property at the top of our triangle, because we do have a 20-foot drainage easement on our left side, and we got about a 27-foot drainage, excuse me, utility easement on our right side. When we hopefully rezone this property to office to serve the further north project, what we technically have to do for both our residential neighbors to the west and to the east is provide a 20-foot landscape buffer on either side, like we 've done here. Our narrowest point up here at the top is only 51 feet across, so if we try to get a 20-foot landscape buffer here, and a 20-foot landscaper buffer here, and a 24-foot drive aisle in the middle,the math doesn't work, 64 feet is greater than 51 feet. So, we can't get what we need. What we have negotiated and we've got with the three residential properties to our east,what we have negotiated is, we are going to get a 20-foot buffer down here and a 7-foot buffer with all of the required plantings in on the east side because these residential neighbors on our west back up to us, and have their backyards, they are served by a driveway over here off of Wolfsnare. We are going to get the full easement buffered and the full width buffer in that side of the project. So, we are going to have a 20-foot landscape buffer on our west side, we are going to have a 7-foot landscape buffer on our east side and 24-foot drive aisle in between. We talk about the connectivity to the Aldi project to our north; again there is an egress/ingress easement. They got a signalized intersection where they leave their Aldi but this is going to be a nice escape. I heard Ms. Oliver, I think, use the term 'a lovely cut'through in the informal session. And this absolutely is and will plan to be a cut through from the Aldi. There is a traffic signal right up as you leave the Aldi parking lot but notice if you will it is not direct, we may even have a more recent concept plan than this, it is not a direct shot, it is not a direct cut through straight across the property. You come in off the Aldi traffic light,you have to come in the Aldi parking lot,you come down,you make another 90 degree turn, another 90 degree turn, so what I'm saying, it is not going to be a race track through there. It is going to be an improved cut through and what it is going to, primarily going to accomplish is it is going to take traffic off this traffic signalized intersection at Wolfsnare and First Colonial. So we feel good about the prospects of that. Switch to the next page, and I think one of our main difficulties with the staff report is that they evaluation this project as a suburban area property. And, what you're looking at there is the Suburban Focus Area of the medical corridor on Firs Colonial Road, and you can see where it is drawn, and you say I should have used a different color, but you can see our little triangular property in red there. And, we are just outside of the Suburban Focus Area of the medical corridor. We consider ourselves to be in the Suburban Focus Area corridor, not only because the Suburban Focus Area corridor runs along the back of our main property, here, but then it cut across this neighbor's property at a diagonal and if you believe this planning document, what it mean is that these two and a half residential properties are actually in the medical corridor and we are not. We think the residential here in these three homes is a little b it misplaced but we think certainly that the medical corridor applies to us and if does,then we flip to the third page and you look at the staff and the Comprehensive Plan recommendations for what is going to happen in that medical corridor. If you look at our property as something within the Suburban Focus Area of the medical corridor, and not just in the Suburban Area, we got to hit those three bullet points. And I apologize. I will just read them. Priority should be given to infill or redevelopment proposals that complement the areas medical and health care activities. Check, we're definitely there. Because we support land use and transportation services, residential and support uses that serves the need of older adults are appropriate for this area. Check,we are absolutely there. Mr. Burke and his project already have two medical offices,who are ready to sign letters of interest to go into this building. And third, new development should include access management and cross access between Item#2 Freedom Properties VB, L.L.C. Page 3 parcels to minimize impact to First Colonial Road. Check, check, check, check, check, check and check. Lot of the stuff we heard in the informal, a lot of stuff we heard from staff has been, and we are going to add a lot of traffic to this residential street that's Wolfsnare Road. You and I have driven Wolfsnare Road know that certainly serves residential properties. That is not a residential street. That is a secondary collector in the street system. It is one of the only two east/west collectors,Wolfsnare Road and up further north, Old Donation, are the only two east/west connectors that connect First Colonial Road and Great Neck Road. So, I don't think that can determine residential street but what we are doing here, we are giving the Aldi customers and our customers and admittedly even some folks who are going to cut through here to get to Wolfsnare,those people are going to go west on Wolfsnare anyway. We are no creating traffic. Holy cow, I am getting ready to end up. We are not creating traffic on this end of Wolfsnare. We are giving are clients and the Aldi clients an opportunity to come here, and get onto First Colonial with a signalized intersection or avoid First Colonial altogether. If you got somebody from the Hilltop area who wants to come up Wolfsnare, and get into the Aldi, their alternative is to come here on First Colonial Road,take a left turn and take a left turn into Aldi. So, we go left on First Colonial Road, which you heard is already overburdened. We like to take that traffic up through our site and relieve that traffic. I don't think we're generating traffic on Wolfsnare. I've got a couple of other things to say, and I'm going to sum up. And I'll be happy to answer any questions. We are proud of our project here. We think that our project has been a little bit mischaracterized in the staff report. We certainly do appreciate working with staff but obviously there is a difference of opinion here. We are proud of the potential of this project. We don't think it provides problems that you read about in your staff report, and we are certainly excited to get this project going.One question asked during the informal was, is the project to the north going to move ahead without this? It absolutely is. Mr. Burke Freedom Properties owns the property. They are going to pursue the medical office building with or without this. So, I'll let you hear from him now.Thank you very much and I'll be happy to standby for your questions. Bob Thornton: Are there questions of the speaker? Ron? Ronald Ripley: Brad,the landscaping that you mentioned,there was some discussion about not planting trees at the top of the drainage. Brad Martin: Right. Ronald Ripley: Planting species that you're looking at or have you talked to staff? What are they? Brad martin: We've talked about some Leland Cyprus. We were asked not to specifically identify those but if I can. I am glad you brought that up because there was a question about planting trees right on top of the pipes. We are sensitive to Public Works Operation's desire that we don't plant in the landscape easement. On the first page, and on the 5th page here, I actually put that storm pipe, that is that brown line that I called out the public storm pipe there. And what's important is where that public storm pipe is there is the 20-foot drainage easement on our property but there is also a 15-foot drainage easement on the residential properties, so that storm pipe actually leaves our property and goes into the neighbor property there, and then comes back on to our property. So, we are going to be in a very similar situation as the Aldi just to the north. First of all, we feel like we've planted our trees. We've shown our trees as far away from that storm pipe as possible. We certainly understand that in the future there are maintenance issues.There might be a challenge with that but you heard that we're Item#2 Freedom Properties VB, L.L.C. Page 4 ready to proffer something different.You see the same situation with the Aldi on page 5,which wasn't approved two years ago, it wasn't approved ten years ago, it was approved last month and it is going to construction and demolition right now. That storm pipe is also in brown.That is a bigger storm pipe than we got and you can see what the approved landscaping plan there did.They got 29 trees clustered all over that pipe, so if this is a problem for this site, I hate to do this because I don't want to muck up somebody else's project,somebody else's approval. If it wasn't a problem for the Aldi, why is it a problem for us? That is the approved site plan from the Aldi. And you can see that they show the 15- foot building setback and landscape buffer. The back of their building is about 80 or 100 feet away. They could have shown that buffer anywhere in their property. They clustered those 29 trees everywhere all around that pipe. So, I'm curious if wasn't a problem for Aldi in June, why is it a problem for Freedom Investments in July? Ronald Ripley: I thought I heard there was a discussion, if you gained approval that you wouldn't put trees that could conflict with the pipe.That it would be another species. That was my question. Brad Martin: To be sensitive to the neighbors behind us,the residential neighbors behind us,this is the exhibit that Mr. Burke went to the neighbors with. I don't want to show up either in construction or with approved plans or go back to them and say, all we're going to do is plant little box woods. We need the screening for those backyards, I think. The idea that we don't plant landscaping in the buffer is clearly not something that is a hard and fast rule. We will be happy to talk about whatever types of buffering trees and buffering shrubs we want to do. I don't want to and Mr. Burke doesn't want to back to those neighbors and say this is what we showed you with a nice lush buffer, but all we're going to do is a little bushes because now Public Works Operations wants to plan for removal and replacement of their storm pipes in 17 years. Ronal Ripley: Okay.Thanks. Bob Thornton: Any other questions? Dave. David Weiner: Why does there have to be a cross access with all of these? I haven't heard that. Brad Martin: I am not a traffic engineer. The cross access with all these actually are two existing. Can we go to the overhead aerial picture please? The short answer to your question is that the easements are there. And, we have access over the Aldi Property and they have access over us. Thank you very much. Here is where the Aldi is going to be. Right now you got traffic sitting at this intersection. The cross access benefits our two existing office buildings greatly because they wind around behind the church and they can take a left and go north bound on First Colonial. That is what the benefit is to us, is with the church and the proposed Aldi,thee customers if they want to go north on First Colonial, they don't have to come out here come down to the intersection, muffed that intersection, make a U-turn and come back north. So, our current clients and future clients can go through the Aldi parking lot and go north on First Colonial. I think what the traffic for the Aldi is, the Aldi easement across us comes here and comes south to our entrance. And once there is an easement there, we can relocate the direction of that easement but we can't blockade it. I don't know how many Aldi customers are going to be going north but that will be a left turn at a signalized intersection to go north. If there is a stack of 20 cars here Mr. Weiner, there might be somebody who is parked on this side of the parking lot who just says, oh I am just going to scoot out here and we're going to have an entrance here on First Colonial and I Item#2 Freedom Properties VB, L.L.C. Page 5 want to go south on First Colonial and get out here. Or I want to get out of here and I want to go through here and I want to go west on Wolfsnare, so there are reasons if there is a stack of cars there're waiting to take a left turn at a signalized intersection,there is a reason for somebody going south or west to come through our property and do that, so we can't blockade that easement. David Weiner: So it doesn't belong to you then? Brad Martin:The rights of the easement are for them over us and conversely for us over them. So, neither one of us can blockade those easement rights. David Weiner: Are there any suggestions or thoughts about making that a right in and right out at Wolfsnare? Brad Martin: Without a median at Wolfsnare, which would stop people from making the left in or stop people from making a left out, I don't think there is much to talk about. If you paint or chevroning on the road and try to keep people from left turning,they are going to drive over that. I don't know if Wolfsnare would handle a median there, which is that it would take to make this a right in, right out. David Weiner: You could do like a curb cut. They will still drive over that. Brad Martin: Right. Bob Thornton: Any other questions? I've got one. On your proposed plan, there was an entrance on First Colonial to the office building, is that new or is that in the same place that the existing one is? Brad Martin: The existing one sits a little north of where the new one is going to be. Bob Thornton: So you are moving it down. Brad Martin: We are moving it down a little bit. A little bit from the signal. Bob Thornton: Okay. So you will have right in right out on First Colonial Road and so will Aldi or is Aldi limited to the right in and out? Brad martin: Aldi has the traffic light. I wouldn't say they are limited to the right because you can certainly... Bob Thornton: In addition to the... Brad Martin: Right Bob Thornton: You got this one. Those are the two that you and Aldi are going to get out onto First Colonial. Brad Martin: Correct. Item#2 Freedom Properties VB, L.L.C. Page 6 Bob Thornton: Depending on which way you're going. Brad Martin: Correct. Bob Thornton: David Redmond Dave Redmond: Mr. Martin just tell me a little bit about this. I'm curious about the medical office building. It has zoning. Brad Martin: Yes sir. Dave Redmond: You can develop that by-right.Well,the applicant can develop that by-right. Brad Martin: We will develop that by-right. We will build something close to this. Like I said, we define this layout. They are working with Baser Architects up in Richmond to really put a nice building together. We're going to have a three-story medical office building with about 45,000 square feet and about 200 parking spaces on this site. You can see that with or without this rezoning,we can simply round this curve and then we got a less attractive less, desirable project because we are restricted to one access putting more traffic on an already over-burdened road versus what you read in your staff report. Wolfsnare is only about less than half of their capacity. Dave Redmond: Okay. Thank you. Bob Thornton: Dee? Dee Oliver: Brad, but that has been an existing two-story office buildings for as long as I can remember. Correct? Brad Martin: True. Absolutely. Dee Oliver: So it is not as if the building and the offices haven't been there. This is just new buildings, probably more offices, but they've always used that right in right out. The section of illegally using the back cut through. Brad Martin: But importantly, Dee Oliver: Are you taking away the front building? There were two buildings. Brad Martin: The continuity goes away. Both existing buildings went away and there is about 22,000 square feet of office space in that so we are about doubling the capacity in terms of office space. We're going from 22,000 square feet to 45,000 square feet. Dee Oliver: I guess my statement is, it has always been, it has always been an office building there too. Actually, and it has always been a right in right out, so it is not. Brad Martin: We're not concerned at all about the minor modifications to this.That is going to remain Item#2 Freedom Properties VB, L.L.C. Page 7 an entrance.There are going to be people who leave our site or cut through from the Aldi and go right southbound on First Colonial Road. Dee Oliver: Right. But that has always been our entrance and exit to that piece of property. Brad Martin: With the additional access. Yes ma'am. Dee Oliver: Right. Bob Thornton: Are there other questions for Brad? Jan Rucinski: Our next speaker is O.E. Burke. Bob Thornton: Because we have a full agenda today, keep a close eye on the light. O.E. Burke: No problem. I'll be brief. Mr. Chairman Thornton,Vice Chairman Oliver, members of the Commission,thanks for allowing me to be here today. I think Brad Martin summarized it really well. I just want to get up and say hi and introduce myself. Ed Weeden: State your name for the record. O.E. Burke: I'm sorry. My name is O.E. Burke. And I'm the president of Freedom Investments and Freedom Properties,VB is our subsidiary that owns this particular piece of property. We are and it is important for me to point that out because we are neighbors here too. So we live here and work here, and if I can use your pointer for a moment? Our office is and has been for almost 14 years now in this building right here (pointing to PowerPoint). So I work here every day. I come in and out of this office building every day. I see First Colonial traffic. I see Wolfsnare traffic. We also own this building immediately adjacent to our south. It is important for me to be a good neighbor. So, we started meeting with these folks early in the year, it has been a couple of months even prior to this as we were putting plans together to redevelop this property. We just acquired these adjacent facilities last fall. And now our mission is to clean them up. Frankly, we are trying to make what's there nicer and more accessible and safe. So, one of my primary goals in meeting with the neighbors to our west has been to enhance the buffer that is not there right now. What we have in Office zoned land that backs up right to their properties,there is no buffer here. What we are trying to create is a nicer product here that includes a new enhanced buffer to our western boundaries. We've heard a few different ideas thrown out there about changing the types of plantings on the western boundary. Frankly, it would be easier for us to say sure great, whatever helps us get approved. I don't want to do that. I want the plantings on our western boundary. I want to be a good neighbor. I want to be true to my word. And I've given my word to our neighbors that when we develop this,there will be a nicer screening there than there is today. We are going to enhance what's behind their property. It is also important to know two neighbors to the east who in theory,would be very impacted by this.There are three homes here.These two homes, they both have woods growing there.Those neighbors have been neglected since February. They actually both have written letters in support of our project. We talking about the two neighbors who actually live on the old stone road are in support of our project. The neighbors to our west on Glenfield Court, are six properties. We've had the opportunity to interact with them, as well, in fact, one is here today. We're excited about our project. We appreciate your consideration. I'm here and Item#2 Freedom Properties VB, L.L.C. Page 8 available to answer any questions. Bob Thornton: Jeff? Jeff Hodgson: Do you have what the homeowners'want that are on the south side of the street? O.E. Burke: No sir. I've not. I wanted to meet every one that touched us that literally abutted our property. We've accomplished that. Frankly, I never thought, I thought the idea of having a development around the homes would be the concerns. I didn't' think the traffic would even be a rub at all, so it did not occur to me to meet with the folks across the street. I will most certainly do that. Because being a neighbor is a high concern to us. Bob Thornton: Are there any other questions of Mr. Burke. Okay.Thank you. O.E. Burke:Thank you. Jan Rucinski: We have one speaker in opposition and that is Jennifer Archer. As you come to the podium please state your name for the record. Jennifer Archer: I'm Jennifer Archer. I live on Glenfield Court, 904 Glenfield Court. I am the neighbor to the west. It is my backyard that would be impacted by the driveway. Ed Weeden: Please get closer to the microphone. Jennifer Archer: So, I am the neighbor to the west. It is my backyard. This would be my backyard. I'm the second house right here. This is my backyard. I wrote a letter in opposition. I've talked with Mr. Burke and I appreciate what he talked about. We discussed the buffer. And in talking with him today, I feel a lot better about his ideas about buffer and not going forward without large plantings because the idea of nothing being there between us and a road is disgusting to me. But hearing the idea of we're not suburban and it is not a residence or a residential area, but the traffic does bother me and the amount of traffic that is on Wolfsnare now. I don't know when this traffic counting was done but there are a ton of people that come around that corner very fast from First Colonial to avoid traffic. There are a ton of people that go in that back lane to cut around. If you live in that area and you knew that cut through was there, people go in that back lane all the time. So, when it is connected to Aldi's and that parking lot, a lot of people will use it but as long as there is a buffer there,that's more acceptable to me. I understand that change happens and our area is developing and changing and I understand that. I can accept whatever comes our way but something needs to be there to protect my investment, which is my home, between us and the road. Bob Thornton: Any questions of Ms. Archer? Ron? Ronald Ripley: Ms. Archer,thanks for coming down. I think the buffer as you mentioned is critical also. But my question is was that cut through there when you bought the house? Jennifer Archer: It was. It had just been cut through. We moved in 2008, but it wasn't really a use, and funny, I actually looked it up, and it was not actually an improve thing so I didn't think people actually Item#2 Freedom Properties VB, L.L.C. Page 9 used it. And because it was residential, I thought it went to someone's house. I didn't realize that it would be for those office buildings. So, I looked it up before purchasing our property and because it said residential I thought it went to someone's house, and then when we moved in, seeing all the traffic, I was like, this isn't exactly what I thought it would be used for but it wasn't as bad. But as time has increased realizing that on a Thursday afternoon, a UPS truck can go by at 20 mph. On a Saturday at 7:00 people are walking back there all the time. Kids can be walking back there and cars would be going by. And it could 10:00 p.m. at night or 8:00 a.m., if I'm watering my plants on my deck. I'm very visible. I think City Planning's people were out on the bus, and I was watering my plants in my back deck, and I'm like hmmm, and still in my pajamas, and very visible. Ronald Ripley: So, was the bamboo there when you moved in? Jennifer Archer: Yes. That's the property that's to the east of that lane. That is their bamboo. So, it is very private. In a conversation that I had with Mr. Burke, I was like, we like it because it is very private it I very green. The bamboo is there. Ronald Ripley: It is really thick. Jennifer Archer: Yea, so you don't see anything. And there is no green space which will now be a three story office building, so it was very private. Even though that was zoned Office there isn't an office.The office buildings are way in the distance. There are lots of trees. We had a huge Oak in our yard that ended up getting struck by lightning, and had to be taken down. We're just really exposed because our house kind of sits up on the property and obviously we lost its screening but that bamboo was always there. But there is just a lot of stuff there. But it was very private and we're losing that privacy if that road is then there and a lot of office buildings. People will be cutting through to get to the grocery store at all times of the day. And people are avoiding the light at First Colonial to cut through and people are inherently not going to be going 10 mph. They are going to be doing 15—20 mph. Ronald Ripley: Thank you. Bob Thornton: Question Dee? Dee Oliver: You have bamboo up? I don't remember seeing bamboo on your side. Jennifer Archer: It is not on our side. It's on the other side. Dee Oliver: It's on the other side. You have vinyl fence? So,there is no screening. I just wanted to make sure I remember the correct house. Jennifer Archer: Right. So, when we had talked to Mr. Burke, he was going to put up nice big 20-foot plants, the appropriate residential buffer between us and whatever he builds, and that is when he told me today that it had been proposed to put in three-foot box woods, it scared me. Bob Thornton: Are there any other questions? Mike? Item #2 Freedom Properties VB, L.L.C. Page 10 Mike Inman: Can you back to the plat and show me actually which lot? Bob Thornton: The second one back. Mike Inman: So, it is next to the rezoning. Bob Thornton: 904 is the address. Jennifer Archer: 904. Bob Thornton: On the drawing. Jennifer Archer:This is me right here. Mike Inman: Okay,thank you. Bob Thornton: Are there any other questions. Thank you. Jennifer archer: Thank you. Have a good day. Bob Thornton: Thank you. Jan Rucinski: There are no other speakers. Bob Thornton: Okay. Would the applicant like to come up and rebut? Brad Martin: No rebuttal. It sounds like we're on the exact same page with Jennifer when it comes to the landscape buffering. That is one of the two main issues is the landscape buffering and I think I have given you the opportunity to say that we can plant this landscape buffering in the easement and avoid the pipe, which is critical. I am sensitive to Public Works Operations. I don't know what they have to do on a daily basis. I think we can get the landscape accomplished without infringing on the pipe.The other thing this, quite frankly,the traffic heading west on Wolfsnare is going to be there anyway. Whether it comes out onto First Colonial and turns right onto Wolfsnare to head west or whether it cuts through this parking lot, our parking lot,from the Aldi parking lot; however, they're coming and going out there. That traffic is going to be there anyway. So, I don't, except for the few residential homes between us and First Colonial, I don't think this is going to be a traffic increase in any way, shape manner or form because that traffic is still going to come out if they want to head west on Wolfsnare, they are going to come down to the light at First Colonial and Wolfsnare and they are going to go west.That traffic west of us on Wolfsnare is still going to be there. So, again,we are proud of this project. We really appreciate the work that you have put in, and the work that staff puts in. Look forward to your approval. Thank you. Bob Thornton: Thank you. If there are no more comments, we will close the public hearing and will open up for discussion amongst the Commissioners. Does anybody have any thoughts, ideas to share with the group? Jan? Item#2 Freedom Properties VB, L.L.C. Page 11 Jan Rucinski: Two things that are a little concern to me. One is the traffic because it's a little scary how it takes that curve right there, and people coming out the driveway come out onto the cars and traffic. I don't know if there much foot traffic that would walk through there but I have a concern with that. I also have a concern because I thought I understood that there isn't enough space to be able to put the type of buffer they're talking about on the property line without it affecting the piping that is there. Robert Davis: Well yes that's the intention that we have for the buffer to be shrubs. It was to protect the piping and still provide the natural landscaping. It should be outside the easement. Jan Rucinski: So,we cannot give the people that back up to that the insurance that they're going to get the kind of buffer that the applicant would like to put in because there is not enough space to do that. Am I understanding it correctly? Robert Davis: Yes. Bob Thornton: I would like to ask Robert this question. I think in the early meeting you indicated they would proffer putting in the landscaping that would be, I know I think we can get to category 4 but if it had to come up because of maintenance they would take it out and put it back at their expense. Was that my understanding? Robert Davis: Yes. Bob Thornton: So, if it is prohibited by our ordinance or statute or whatever and they cannot put it in there that doesn't matter, but if the City would let them landscape it and, at their expense if they had to take it out and put it back,they would do that so; it seems like there is an answer to the screening. It can go along the easement, and it is their cost to take it out and get it out of the way if the City has to maintain it. Am I understanding that correctly? Carolyn Smith: Generally speaking yes, that is correct. However, in an emergency situation,we would not wait for the applicant to mobilize a crew. We would get in there and do that. Bob Thornton: Okay. Thank you. Mike? Mike Inman: I have a question for staff also. Why can't we know that before we vote on this application? Why can't you determine why we're speculating, can we put the landscaping in? Is it going to be allowed? Is not going to be allowed? Why can't we find out what it is going to be allowed? Carolyn Smith: Well, Public Works Operations folks have told us is that shrubs would be permitted in the easement as long as they are off the pipe. And we would determine exactly that location during final site plan review. Mike Inman: I don't know that everybody's who is concern about this, is happy about shrubs versus trees versus... Carolyn Smith:Their policy is no plants period. So, as a compromise,they are willing to allow shrubs in this situation to provide the neighbors some form of buffer, and it could be shrubs that grow as tall as Item#2 Freedom Properties VB, L.L.C. Page 12 18-20 feet tall. Mike Inman: Sounds like a tree to me. Carolyn Smith: It is technically a shrub so we just don't know exactly what the species will be. Barry Frankenfield: Mr. Chairman? Bob Thornton: Barry? Barry Frankenfield: I will personally volunteer to guarantee that if you approve this, an appropriate buffer will be installed. Shrubs, whatever, pipe, I am sure we can work it out. Bob Thornton: In your opinion, things can go in there that grow tall, it won't destroy that pipe? Barry Frankenfield: Absolutely. Bob Thornton: Thank you. Does that answer your question Mike? Dave? Dave Redmond: I think we are way over thinking this application. I think there is probably a misperception this morning that this is to rezone a site to build an office building and therefore,there is going to be a whole bundh of new traffic. Really it is just about this small piece of property. I still can't understand. First off, I understand that there is nothing in the code that says you can't plant landscape buffer. It is only a policy, but it is a policy that is not generally consistent because this is what Aldi's landscape plan is. There is an awful lot of plantings that are within that easement. It seems to me that it clearly is something that can be done with care and creativity, and it would work and I have no doubt that making this plan work would benefit all of these sites that are above it and traffic on First Colonial. It simply would make a lot more sense for site design,and I do think that lady's concern, whose real concerns about buffering, can be address because it was addressed with proffers to the north. I just think it has to take that kind of care and that kind of creativity. I think that will work and will make the site work better and First Colonial Road work better. Bob Thornton: Dee, question? Dee Oliver: Yea, a couple of questions. I guess Barry's committed to the landscaping now so I guess that is no longer a question. Barry Frankenfield: I want to take that out. Dee Oliver: I think the bigger issue here is granted and I totally appreciate her being exposed because on the van trip we did, her house is extremely exposed to this dirt gravel road. It is not supposed to be there to begin with. My two concerns is the fact that the City staff has denied this in 1981, 1983, and 1991. This has continually come back. City staff denies it. It is something that I give a lot of merit to when they come forward and they have reasons for that. There is a reason being that this road is not supposed to be there. I've used in on many occasions because my pediatrician was back there. I have two businesses off of Regency, so we refer our traffic through there because of Hilltop the way it is. Item#2 Freedom Properties VB, L.L.C. Page 13 Unfortunately the businesses are at the mercy of the traffic that is on First Colonial as it is now. I don't think opening this road; rezoning it to impact the neighborhood, Wolfsnare Road, is the right thing to do. I just don't. I understand Commissioner Redmond that you don't think it's that much of an impact, but I travel that road all the time. I have two businesses that used that road, and it is huge. There is a lot of traffic on Wolfsnare.There is a lot of traffic cutting through Regency Apartments. And I think it is going to increase with that grocery store having to cut through to that. If you didn't have that easement in between Aldi's and the office park, I wouldn't have a problem with it but you do. And I think that the people at the grocery store are going to use it on a regular basis. I think that with Staff's denial, we would not see this go up; I really put a lot of weight into that. Bob Thornton: Any other comments? Mike again. Mike Inman: I heard Mr. Martin characterized Wolfsnare as a collector road. I think I'm using the correct term. It is and it isn't. It's a very wide road but it is not like Old Donation Parkway. And, there are houses that face onto Wolfsnare, unlike Old Donation Parkway. So, it is certainly a residential road but in a way it does connect between First Colonial and Great Neck, so, in that sense it is. And it is wider than a normal right-of-way. The other concern is cars coming out onto Wolfsnare can turn left or they can turn right. The focus has been on right turns trying to go west. Or there could be people also coming out wanting to go east, and they are going to go to the light. And, what impact is that going to have on that light in terms of cycling, and the backups we experience on First Colonial Road? I mean, Mr. Martin argues that people are going to come out,they're wanting to go west,you can't get in here they are going to come out and going to turn right and go down Wolfsnare. Well, maybe they will. Maybe they will make another stop. Maybe they're going to down Virginia Beach Boulevard. But, he does have somewhat of a point on that. Also people coming out at night will be having headlights on the house across the street, which they are not necessarily used to seeing on a regular basis. So there are a lot of factors in play here. Invading a neighborhood for the benefit of commercial development, it is a tough call. Bob Thornton: Jeff? Jeff Hodgson: Just to tag on what Dee said. This is what I'm wrestling with, where it was denied in 81, 83,91, and now it is recommended for denial in 2017. If it was just recommended for denial in 1981, I could say they got it wrong but the chances of them getting it wrong in all three of these past years and in 2017,and it says the reasons was incompatibility with the adjacent residential uses. What has changed right there to make it now that it shouldn't be. What's change to allow it go through now that wasn't there the last three times? Bob Thornton: Ron, and then Jan. Ronald Ripley: I think what's probably changed is we are kind of looking at this as a Suburban Focus Area where before I don't think we were. I think the patterns. It is a conflict between the residential and the commercial always, and we have people that have bought extra commercial and it is always try to mitigate that. I think the fact that it does now come way into the Suburban Focus Area. I keep looking at these properties and they intend, and they said they want to be massed together and this intends to be a part of it. I think Brad's correct,that I think that anybody is leaving Aldi's to this office building that want to go down Wolfsnare is going to go west. You're going to get that traffic whether you want it or Item#2 Freedom Properties VB, L.L.C. Page 14 not. It is just going to go that way. I mean if it is going some other place,that's not the story, but if it is heading west, it is going right down Wolfsnare and it going to go that way. Aldi's,they are going to have far superior stacking lanes than you will here. If I'm at Aldi's, I think I would want to go out that traffic light because it is going to be a better pattern and I doubt I am going to go meandering through the office building to get over to Wolfsnare. Some people do that I'm sure, if you live back in the neighborhood,that is probably what you might do. It is a tough one I know. I'm inclined to support it because I think it kind of fits right and I think it fits within the Suburban Focus Area and I think you buy one of these two properties to the east,they are probably to want to go this way too. I would guess. I don't see how you're going to use this piece of land otherwise. What are you going to do with it? It's a very odd shape piece of dirt. I tend to support this. Bob Thornton: Don? Don Horsley: I think she was first. Bob Thornton: Oh, I'm sorry.Jan Jan Rucinski: And that's part of what I was wondering so that if this particular piece of property changes from residential use to be rezoned for office,then are we setting up a possible precedent for the other properties on Wolfsnare,which is residential to them,think let's go in and submit an application to become office space. Also, and then we are putting office space in a residential zone if we change the zoning on this particular piece of property? Bob Thornton: I will comment on that. On the corner,there is an office building, across the street is a 7- Eleven, so as the applicant stated,they can by-right build a building there, and in front of there on First Colonial are three office buildings already, so as Ron said that little area has changed.There is an Aldi replacing the church and there is a 45,000 square foot office building replacing two 20,000. There are three office buildings or condos or some configuration already out on First Colonial. On the corner, there is an office building. On the opposite corner there is a 7-Eleven, so the lots that are between this proposed road and the back of the building up on First Colonial, the logical thing to do with that is to take it out or take out residential and put it into some sort of commercial or office use. That is why part of this is in the SFA and a part of it isn't. I suspect that it hadn't matured to that point yet. Jan Rucinski:Then that changes the structure of the layout of an area that is zoned residential because you have three lots before you get to the office space on the corner. Bob Thornton: I understand and that happens on busy roads, residential parcels that were on Princess Anne Road are now Wendy's. That is part of the evolution of cities that grow from residential to commercial and this is an area that is not like a lot of other areas in the City, but I don't think we set a precedence because whoever develops,they have to come back before this Board and City Council and convince two bodies that whatever they want is reasonable within the realm of the Comprehensive Plan. So, it is not like it is automatic. Don? Don Horsley: I look at it a little bit different way. I think the commercial development is if we do nothing the road is going to stay there. People are going to continue to use it and Ms. Oliver says she has been using it for years. The lady with no buffering won't have any buffering. At least if we go ahead Item#2 Freedom Properties VB, L.L.C. Page 15 and approve this, let it get improved, we get buffering there and it will be put in a better state. I think everybody would be benefiting. I think the lady will have her buffer from the street, which isn't going to go away. It is going to stay there in some way, shape or form, and the developer, I don't have any problem with the development of the office building. Bob Thornton: You first, ladies first. Dee Oliver: Let's just speculate that this corner gets redeveloped into office, which is fine. But we're not talking about putting an office building there. We're talking about actually paving a road behind residential area, which it didn't occur to me until I was taking a sick child to a pediatrician once a month, but until she started talking about a UPS truck going through,that is whole another, different animal going through a backyard. If this application, and correct me if I'm mistaken about this,gets denied they have to close that road. That road is not being used. Kevin Kemp:That is correct. The use of that road would be a violation on a residentially zoned property. Dee Oliver: Thank you, so that sort of takes the buffering out of the mix, and protects her house. It is not a building being built, it's an actual paved road that is 25 mph that is going to be used as a cut through behind with trucks and grocery stores. The grocery store hours are going to be considerably different than what the office hours are. Office hours are, doctor's hours are probably 9-5, the grocery stores are 8, I think Aldi's is 10:00 or 11:00.That's headlights going behind those people's houses, headlights in the houses across the street.That's affecting a quality of life on that residential rea. Traffic or no, it is just affecting the quality of life. That is where I am. Bob Thornton: Jeff. Jeff Hodgson: Kevin answered my question. I was curious about what Don asked. I was under the impression that if it was denied, that road would have to be closed. Okay,you answered that. Bob Thornton: Jack? I'm sorry, Dave. Dave Redmond: I'll defer to Mr.Wall. Jack Wall: I thought Mr. Martin brought up some great points about the site. It is in the medical corridor. And that is a collector street on Wolfsnare Road. But it is still residential on both sides even though one side,there are office uses and property owners. I could be in support of it. It would still be splitting existing new residential. It has had denials in the past probably for the very same reason. So, I have a hard time supporting it. Bob Thornton: David? David Weiner: I'm still stuck in the cross access with Aldi's. I don't understand why that can't be closed off. If that can be closed off, because there is good traffic coming from the church. When the church was even active, I'm sure there wasn't that much traffic. With an office building is there,there is not much traffic. Personally, if that access go away, I wouldn't have a problem with just the medical office building with that access onto Wolfsnare, that's fine. As long as that cross access is going to Aldi's, I Item #2 Freedom Properties VB, L.L.C. Page 16 can't support it. Bob Thornton: Mike? Mike Inman: I am relatively confident that we find that the cross access is a recorded easement and people are relying on that being there so it is not for the City to control that access at this point. Bob Thornton: Are there any other comments? Ron Ripley: Motion? Bob Thornton: Please. Ronald Ripley: I make a motion to approve the application. Bob Thornton: Do I have a second? Dave Redmond: Second. Bob Thornton: A second by Dave. AYE 4 NAY 7 ABS 0 ABSENT 0 HODGSON NAY HORSLEY AYE INMAN NAY KWASNY NAY OLIVER NAY REDMOND AYE RIPLEY AYE RUCINSKI NAY THORNTON AYE WALL NAY WEINER NAY Ed Weeden: By a vote of 4—7,the motion has been denied. z / ," ... _, ../.." //.......,.. / ...- ,. ..,, ae . ./ s, \ r••-. 1 / Ce-;:.-P,21-P- ... -4 ' '4- 1 ,'" .. • / C!"./ 4e1 4b. t ' 'N'''' I * / yf c"ii.,''''' / C7/N j\ 1„--- N., , .,.. , .,- / „/„." "A Lo \<9 <> o'. N / "... .. ii /- N / .., N... Nk I . r'' / / //zee./.." 4.N 7 .. /7/ .. '''.4' ';4;31.;:' a\., ...s,.---;:,--- ., \\...... -,.. ''''> '''• -.. i .- . s... '\..., , • -... 0• / (- K., \ ,....... \ \\> 1, # - •• N(fl \ 0 . , `--N.--- A) // `pC\SIA 8{g-, 7.1='i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MERNA HOLDINGS, LLC [Applicant] ALLEN D. YOUNG & PATRICIA A. YOUNG [Owners] Conditional Change of Zoning (R-7.5 Residential to Conditional 0-1 Office) 656 Alberthas Road (GPIN 1487896284). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: September 5, 2017 • Background: The 0.78 acre site is currently developed with a two-story single-family home. The applicant desires to acquire the property to convert the dwelling into an office for his law firm. In order to accomplish this, a rezoning to the 0-1 Office District is requested. The site is surrounded by a unique mix of uses including a dance studio to the north, Kings Grant Elementary School to the east, and an office building to the south. The submitted site layout depicts the addition of a parking lot with vehicular ingress/egress along N. Lynnhaven Road. The required streetscape landscaping, and screening above the minimum standards are also depicted on the concept plan. ■ Considerations: Given the low intensity of the proposed use and residential character of the structure, Staff anticipates no negative impacts to the surrounding uses with the conversion of the structure to an office use. 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 11-0, to recommend approval of this request. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffers Merna Holdings, LLC Page 2 of 2 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: I Applicant Merna Holdings, LLC Agenda Item Property Owner Allen D. Young & Patricia A. Young Public Hearing August 9, 2017 5 City0/ City Council Election District Lynnhaven Virginia Beach Request Conditional Rezoning (R-7.5 Residential to +r`�, I ,mac, Conditional 0-1 Office) �,�°°�° 9 ;� t ��°w, / 9. Staff Recommendation i, ..,es, Approval Q,a° Staff Planner Q i.,,N. Jonathan Sanders .0°`'‘''[ 4.o. ..,,, P "'�' labra / Pc'� Location �*,, / e 656 Alberthas Drive `o °4•R"'['co� GPIN ° a` 4° '/ 63-70 dBDf4L b6. �~3, 4.1' M,1``°cf s'^^0,....).,..,. 1487896284 Q °�o ', O� �' Site Size cst CM'M"ith'm yqn 0.78 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District > . - •♦ ; Single-family dwelling/R-7.5 Residential " \`* % 2 .N: 1 .c..si ,' Surrounding Land Uses and Zoning Districts ,,F6, ' f:',. , ► ` � North a�► ; ' North Lynnhaven Road - r• \ `_ . Kings Grant Elementary School/ R-10 ' N. , 4. ,s 1, e , . Residential , \'''► .. o ' . South � � .$ , .c. 4 J Single-family dwelling/ R-7.5 Residential p� -" East ,1r• ♦ ' ti o a C. Offices/0-2 Office ;y, �._-•:;7 , .,jai \ . `�'` :•� West .. d berthas Drive (private road) ie ... '• -, v o`a \,+' Dance studio/R-7.5 Residential 's. - ' ' / •1'„. "` 5 . Merna Holdings, LLC Agenda Item 5 Page 1 Background and Summary of Proposal • The 0.78 acre site is currently developed with a two-story single-family home.The applicant desires to acquire the property to convert the dwelling into an office for his law firm. • Based on the existing residential zoning,the proposed office use and the size of the lot, a rezoning to 0-1 Office District is requested. • The site is surrounded by a unique mix of uses that include a dance studio to the north, Kings Grant Elementary School to the east, and an office building to the south. • The submitted site layout depicts the addition of a parking lot in front of the structure with the required streetscape plantings along N. Lynnhaven Road. Additional plant material is also proposed along the private road,Alberthas Drive. • A Category IV landscape buffer,featuring evergreen trees planted every 10 feet,will be located along the southern boundary of the site, adjacent to the residential district. This buffer will exceed the minimum Category I landscaping(consisting of shrubs)that is required. The existing picket fence will remain. /. N R,7.5 j} ffw //14:/' Zoning History td"- # Request R-7 51. " 1 SVR Approved 08/26/1997 2 SVR Approved 10/24/1995 O-2 3 SVR Approved 04/27/1993 4 SVR Approved 09/08/2009 5 SVR Approved 09/08/2009 1 4 5 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. Merna Holdings, LLC Agenda Item 5 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 6,200 ADT 1(LOS a"C") Existing Land Use 2 10 ADT North Lynnhaven Road 3,810 ADT' 9,900 ADT (LOS "E") Proposed Land Use -35 ADT 1 Average Daily Trips Z as defined by a single- 3 as defined by a 3,000 square-foot 4 LOS=Level of Service family dwelling office 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 R-7.5 Residential District to Conditional 0-1 Office District,will, in Staff's view, be compatible with the surrounding commercial,office, institutional and residential land uses. The proffers specifically exclude the more intense uses of the 0-1 District,such as eating and drinking establishments. Other than renovations to address Building Code requirements with the change of use from residential to office,the applicant intends to maintain the integrity of the structure. No exterior changes to the building are proposed.The installation of plantings along North Lynnhaven Road and Alberthas Drive will improve the streetscape and aid in screening the proposed parking area. A Category IV landscape buffer with evergreen trees is also proposed along the southern boundary adjacent to an existing dwelling. Given the low intensity of the proposed use and residential character of the structure, Staff anticipates no negative impacts to the surrounding uses with the conversion of the structure to an office use and 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. Merna Holdings, LLC Agenda Item 5 Page 3 Proffer 1: Any exterior development, improvements, changes, or modification shall be consistent with the existing residential nature of the exterior of the building. Any alteration to the exterior of the building shall be submitted to the Planning Director for review and deemed acceptable as meeting this requirement prior to the issuance of a building permit. Proffer 2: In the 0-1 Office District, all uses permitted as either a principal use or as a conditional use,with required approval,shall be permitted except the following: a. Cemeteries; b. Communication towers; c. Eating and drinking establishments; d. Fiber-optics transmission facilities; e. Florists retail; f. Funeral homes; g. Hair care centers including barber shops and beauty salons; h. Home-based and public wildlife rehabilitation facilities; i. Television or other broadcasting stations;or j. Wind energy conversion systems. Proffer 3: When the site is converted to a use permitted in the 0-1 Office District,the improvements shall be as substantially shown on the exhibit entitled, "REZONING EXHIBIT,THE MERNA LAW GROUP OFFICE BUILDING,656 ALBERTHAS DRIVE, VIRGINIA BEACH,VA 23452", including the parking lot and plantings,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. Proffer 4: Further conditions may be required by the Grantee during Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Any references hereinabove to the R-7.5 Residential District and Subdivision Regulations of the City of Virginia Beach,Virginia, in force as of the date of approval of this agreement by City Council,which are by this reference incorporated herein. Staff Comments: The proffers listed above are acceptable. 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. Merna Holdings, LLC Agenda Item 5 Page 4 Proposed Site Layout z Q w UCZ ce Z W ur�o us (`• 00 z.. eyN :.,12 ��w U> , so _ map ZK I >. w GPIN;1487$9-6035 'i I.- ...: <" " v DB.3597,PG.290 z v oR H o 0a r. v'CI art U: .ra ¢ wrDZ• V c,.e:, N 33'15 W 100.00- Z 4 f W rc T3"---C7— 0H Z L f Z U ~ LL LLI LL R. cna I I �w J z V� I C/3(2 d U I v U O / 8 z _z i 0 cc J_ Y D o 0. I _ a CO = w L., 1 w Qe c ¢az f \\7 cu 0- a + rG U nvs(n U2Q 1 �! r' w N �.L N 6 8¢8 QNB N a _� O > m O CJ YW< tv W W �� O �• � `�� ac"10 m& . 3- H m INO• 3aa N -411L111 � O Om 1 i cc Z N W _�� _� Qcit o � I J 18. lit` a 1 z w wo a m J> a¢wa L ~/ �z I QO cZw vmQ Q W Q Yp¢ U¢� ..:'''' i o w �= Z re¢Jv4._ Sao I ¢ O W a z o >o N 0 W Er) WYw _ < H O W CO co z a o I. N Q a ICC w 2 $ o ! (cn Cr I— COa o (11 r- 1_.1........_ aD zWI Iu30' n. }rnw _.,.. }W W .00'OOt 3.91.£65 ~fY CCO z (W NYA) z ca wOVOLN3AVHNNA1 H1L10NCOW ywZ - cr --______NnWa O si°OpS'M°0 le°°l-0141-6ulu°Z¢ az w 7 z z 000069L868L86tNId0 ae m 100HOS ALIVIN301313 1NVIO SONIN U_ "' O 1-UO m Oz QUvW O W OLL K Zp0_ Z O1-Wo N Z O Z 1/1Jw 0 nac, W 0 aU Merna Holdings, LLC Agenda Item 5 Page 5 Site Photos , - • -T,'.. N ae./.. a II i 'V qteIVA- " -•6 .-' .,-c, ,AL , •• 1 1 ' I , ... 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Merna Holdings, LLC Agenda Item 5 Page 6 Site Photos t it iftn-A-,,4,., air-''‘bra , + •* .. ,�1y -4 *ae.•'414..,--,.'"-•- ;-- - .-"I -.- ' -- - ..I4'' ''.: --'.. i.'-iii:;::4-t1"-I.'17;-/. 7r ire ram gab '� ;� s# s� 't da., lakat ti.. , L. c � " { rill ill N R err ' $ �' t �i r In Hit. mil 1 ... � I tlll � � + + �i � tr ■� „���lilll ■ ■� � 111111111111111111111111111i� lli 111illiiiiinat11u1t ##Il) lllnll #U.11Ut41 ,44: 40,,P-4.,f Y f� f.F• - - • t. e ...4. ; ; l�; - ip K s - ' ;.- ` .w Prix- Merna Holdings, LLC Agenda Item 5 Page 7 Disclosure Statement �lrginia Beach APPLICANT'S NAME Merna Holdings, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Pagel of 7524/+ dg Jonathan Sanders Merna Holdings, LLC Agenda Item 5 Page 8 Disclosure Statement Virginia Beach 0 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Merna Holdings, LLC If an LLC, list all member's names: John G. Merna 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) The Merna Law Group, P.C. 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: If an LLC, list the member's names: Page 2 of 7 Merna Holdings, LLC Agenda Item 5 Page 9 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation. See State and Local Government Conflict of Interests Act.Va. Code§2.2-3101. 2 'Affiliated business entity relationship" means "a relationship. other than parent-subsidiary relationship. that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflkt of Interests Act. Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Merna Holdings, LLC Agenda Item 5 Page 10 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of your tax return Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than 4 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) 'tet Construction Contractors Engineers/Surveyors/Agents Hunt Club Consulting,Scott A.Smith Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) �/T Legal Services Christina E.Meier,P.C. Real Estate Brokers / Donna Duval,ReMax Alliance ❑ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Merna Holdings, LLC Agenda Item 5 Page 11 Disclosure Statement • Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. . / 5/31/17 APPLICANT'S SIGNATURE PRINT NAMF DATE Page 5 of 7 Merna Holdings, LLC Agenda Item 5 Page 12 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ ® Accounting and/or preparer of your tax return ❑ '-, Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than 111 the Apolicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors ❑ '=' Engineers/Surveyors/Agents Financing(include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ ��� Legal Services Real Estate Brokers / Patricia Zuraw,Howard Hanna ❑ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Merna Holdings, LLC Agenda Item 5 Page 13 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. 11 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.pplicati'on. �. — , PROPERTY OWNER'S SIGNATU 7 ) PRINT NAME - DATE Page 7 of 7 Merna Holdings, LLC Agenda Item 5 Page 14 Item #5 Merna Holdings, L.L.C. Conditional Rezoning 656 Alberthas Drive District 5 Lynnhaven August 9, 2017 CONSENT An application of Merna Holdings, L.L.C.for a Conditional Rezoning (R-7.5 Residential to Conditional 0-1 Office)on property located at 656 Alberthas Drive, District 5, Lynnhaven. GPIN: 1487-89-6284-0000. PROFFERS Proffer 1: Any exterior development, improvements, changes, or modification shall be consistent with the existing residential nature of the exterior of the building. Any alteration to the exterior of the building shall be submitted to the Planning Director for review and deemed acceptable as meeting this requirement prior to the issuance of a building permit. Proffer 2: In the 0-1 Office District, all uses permitted as either a principal use or as a conditional use,with required approval, shall be permitted except the following: Item #5 Merna Holdings, L.L.C. Page 2 a. Cemeteries; b. Communication towers; c. Eating and drinking establishments; d. Fiber-optics transmission facilities; e. Florists retail; f. Funeral homes; g. Hair care centers including barber shops and beauty salons; h. Home-based and public wildlife rehabilitation facilities; i. Television or other broadcasting stations; or j. Wind energy conversion systems. Proffer 3: When the site is converted to a use permitted in the 0-1 Office District, the improvements shall be as substantially shown on the exhibit entitled, "REZONING EXHIBIT,THE MERNA LAW GROUP OFFICE BUILDING, 656 ALBERTHAS DRIVE,VIRGINIA BEACH,VA 23452", including the parking lot and plantings, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. Proffer 4: Further conditions may be required by the Grantee during Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Any references hereinabove to the R-7.5 Residential District and Subdivision Regulations of the City of Virginia Beach,Virginia, in force as of the date of approval of this agreement by City Item #5 Merna Holdings, L.L.C. Page 3 Council, which are by this reference incorporated herein. A motion was made by Commissioner Oliver and seconded by Commissioner Horsley to approve item 5. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 5 for consent. John Merna appeared before the Commission. c,x 1P`•Bpgc 4CITY OF VIRGINIA BEACH a INTER—OFFICE CORRESPONDENCE 1 s X11 �r x�c e. 2 YYll��' 5 OF OUR moo In Reply Refer To Our File No. DF-9891 DATE: August 23, 2017 TO: Mark D. Stiles .- DEPT: City Attorney FROM: B. Kay WilsDEPT: City Attorney RE: Conditional Zoning Application; Merna Holdings, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on September 5, 2017. I have reviewed the subject proffer agreement, dated June 21, 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 MERNA HOLDINGS, LLC, a Virginia limited liability corporation. ALLEN D. YOUNG PATRICIA A. YOUNG TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS CITY CF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 21st day of June, 2017, by and between MERNA HOLDINGS, LLC, a Virginia limited liability corporation, Grantor; ALLEN D. YOUNG & PATRICA A. YOUNG, Grantors/Property Owners; and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor, MERNA HOLDINGS, LLC, has a contract tc purchase the property located at 656 Alberthas Drive, Virginia Beach, VA 23452, from Grantors/Property Owners, ALLEN D. YOUNG & PATRICIA A. YOUNG. Said property is located in the Ly- e'taven District of Virginia Beach, Virginia and consists of approximately 0 . 48 acres occupied by a single-family dwelling, which are more particularly described in Exhibit "A" Attached hereto and incorporated herein by this reference, said parcel is hereinafter referred to as the "Property"; and WHEREAS, the grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition address to the Grantee as to change the Zoning Classification of the Property from R-7 . 5 Residential District to Conditional 0-1 Office District; and WHEREAS, the Grantor has voluntarily proffered, in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the Zoning Map, in additional to regulations provided for the 0-1 Office District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning . GPIN: 1487-89-6284-0000 Prepared by: John G. Marna, Esg. VSB: 33812 The Merna Law Group, PC 3623 Virginia Beach Blvd. , Virginia Beach, VA 23452 NOW, THEREFORE, the Grantor, for itself, it successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and witho-ut 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, cr subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use cf the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon their successors, personal representatives, assigns, grantees, and other successors in interest or title which will not be required of the Grantor until execution of the purchase contract occurs and property is developed: 1) Any exterior development, improvements, changes, or modification shall be consistent with the existing residential nature of the exterior of the building. Any alteration to the exterior of the building shall be submitted to the Planning Director for review and deemed acceptable as meeting this requirement prior to the issuance cf a building permit. 2) In the 0-1 Office District, all uses permitted as either a principal use or as a conditional use, with required approval, shall be permitted except the following : a. Cemeteries; b. Communication towers; c. Eating and drinking establishments; d. Fiber-optics transmission facilities; e. Florists retail; f. Funeral homes; g. Hair care centers including barber shops and beauty salons; 2 h. Home-based and public wildlife rehabilitation facilities; I . Television or other broadcasting stations; or j . Wind energy conversion systems . 3 . When the site is converted to a use permitted in the 0-1 Office District, the improvements shall be as substantially shown on the exhibit entitled, "REZONING EXHIBIT, THE MERNA LAW GROUP OFFICE BUILDING, 656 AL-BERTHAS DRIVE, VIRGINIA BEACH, VA 23452", including the parking lot and plantings, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development . 4 . Further conditions may be required by the Grantee during Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements . Any references hereinabove to the R-7 . 5 Residential District and Subdivision Regulations of the City cf 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 chances 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 subseauent amendment is part of a comprehensive implementation of a new cr substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, cr 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 tc 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 provision 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 cf such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding: (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the recuired 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 of 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 the Planning Department, and they shall be recorded in the Clerks Office of the Circuit Court of the City of Virginia 4 Beach, Virginia and indexed in the names of the Grantor and the Grantee. WITNESS the following signature and seal : Grantor: MERNA HOLDINGS, LC, a Virginia limited lii•il ' • corps ation. By: (SEAL) "John G. Merna, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit : The foregoing instrument was acknowledged before me on this day of June, 2017, by John G. Merna, President of Merna Holdings, LLC, a Virginia limited liability corporation, Grantor. (./10.415k,Qn et I ea--42..._ Notary Public My Commission Expires : pl hvttiq 31 26� Notary Registration Number: HEATHER ANN TATE NOTARY PUBLIC REGISTRATION N 7082384 COMMON\NEALTH OF VIRGINIA Property Cane 1eA/ a ti • Allen D. Young STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: �(� 11 The foregoing instrument was acknowledged before me on this Xu� day of June, 2011, by Allen D. Yount, property owner of 656 Alberthas Drive, Vircinia Beach, VA 23452, property owner. Clla2A-44--1.-al A 07J,.. Notary Public My Commission Expires Ta)v &(( Si 26 I Z Notary Registration Number: HEATHER ANN TATE NOTARY PUBLIC L. ISTRATION N 7082384 COM\AONEVEALTH OF VIRGINIA Pro; ro erty Owne s 2 : i t5-ctY Patricia A. You:. : STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit : �Q�-� The foregoing instrument was acknowledged before me on this day of Jane, 2017, Patricia A. Young, property owner. 1/ Notary Pu lic / 4iy Commission Expires : CZ VU L CI 2a :Notary Registration Num er: , HEATHER ANN TATE NOTARY PUBLIC REGISTRATION p 7082384 COMMON\NEALTH OF VIRGINIA Legal Description of 656 Alberthas Drive,Virginia Beach,VA 23452 EXHIBIT A ALL THAT certain lot, piece or parcel of land with the buildings and improvements thereon the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel A as shown on that certain plat entitled, "Survey of property for Benjamin S. Woolston, Princess Anne County, Virginia", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 50, at page 9. PARCEL II: ALL THAT certain lot, piece or parcel of land with the buildings and improvements thereon and appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Property of Dennis Harvey located in Little Neck Princess Anne County, Virginia, as shown on that certain plat duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 565, at page 362. BEGINNING at a point in the western line of Little Neck Road where the same is intersected by the dividing line between the property conveyed and the property now or formerly belonging to Harvey Wilson and from said point of beginning, thence South 32 degrees 30' West 220.03 feet to a pin; thence South 33 degrees 15' East 100 feet to a pin; thence North 52 degrees 30' East 20.03 feet to a pin in the western line of Little Neck Road; thence along the western side of Little Neck Road North 33 degrees 15' West 100 feet to the point of beginning. Legal Address has been changed to 656 Alberthas Drive. IT BEING the same property conveyed to Thomas J. Faucette and Sandra F. Faucette, husband and wife by deed from Bishard Development Corp., a Virginia Corporation dated March 10, 2005 and recorded in the aforesaid Clerk's Office as Instrument Number 200503150038962. GPIN: 1487-89-6284-0000 CY OBS g--i ''�"' � ,�--� L--7-70' 1� � t"' � 'tip r ti� ��t�#���� �r� Cg---1- 30 A.11 - t,, Ir° ILL ---1 c21 Ciii:-.' i I --1-' ,—,gt,'_z ill im c2, wai !0 Vi--Ce_ _.,-I ___— --- --... Ca `ikM la cn L_, , Iiiiiiiiik0 I .___________ ----- VOW / LO 1-,,,,,n -1 1 Ni 0 Y1 ° ' + "1101 ---- Ce 44% - zs 4iii i ,,,Icic:Vii,.. s,. ..; 0, t_i , 1 lif I t"- -19P::3:, 1 rr*': -,'-: '‘\\'''' _1„srille5L1 ,,,,.. !...cti r,:' 4 0 . ° ''' °r-**4' 1 //. ._,----e 0 A . k 0 ,, , F`' 1rr . __ ... 1_;:.:- ailk c-,---3 ' o 5►' 11 .,'''''.- . .6 Xi/1pr <al C-? ali I :::_.--) 7 e. Lri , D t 0.. .- II --. ., iy. •? , __, \,,--, , '; .. )-.. 0 tr. ii 7 ix //4 •-44 9 t'....44 *- j-- tf�'V' ''' °//o3 .E• 4 in (-// T,. . Al ...c a 6 // - :- E 4004, 47 '4. <\\.-> IV ior ;%7„7 er, f79 ir 63 ,.o- a ems' i_ _i ,z ' . CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, LLC [Applicant] VIRGINIA WESLEYAN COLLEGE [Property Owner] Conditional Change of Zoning (R-15 Residential District to Conditional A-24 Apartment District) 5900 Wesleyan Drive (GPIN 1458958699). COUNCIL DISTRICT — BAYSIDE MEETING DATE: September 5, 2017 • Background: The 13-acre, undeveloped, residentially-zoned site is owned by Virginia Wesleyan University. The proposed request is to rezoned the property from R-15 Residential District to Conditional A-24 District in order to develop the site with up to 252 apartment units. While the proposed apartment complex will not be exclusively for Virginia Wesleyan University students, it is anticipated that many of the residents will be enrolled in the growing graduate programs at the university. The submitted plan depicts eight multi-family buildings, a recreation center, and three single-story garage buildings. Five of the multi-family buildings will be four stories, with an approximate height of 52 feet. A deviation to the maximum height requirement is requested for these four-story buildings, as the Zoning Ordinance sets a maximum height for buildings within the A-24 District at 45 feet. The remaining three multi-family buildings will be three stories, with an approximate height of 41 feet. • Considerations: The proposed site layout, the buildings' design and exterior building materials are in Staff's view all high quality. The taller buildings are sited along Wesleyan Drive, away from the existing residential neighborhood to the north and west. The property closest to the adjacent residences will include the stormwater management facilities, the recreational amenities, and the required buffer and landscape screening. This will aid in separating the proposed three-and four-story buildings from the single-family dwellings in the adjacent neighborhood. There were several speakers at the Planning Commission meeting who noted opposition and concern related to drainage, the buildings' locations and height, and the screening and buffering. Based on this, the applicant has stated an intention to move the buildings closer to Wesleyan Drive, and to install a fence along the shared property line. A revised plan that depicts these changes can be found on page 6 of the attached Staff report. Franklin Johnston Group Management & Development, LLC Page 2 of 2 Further details pertaining to the request, as well as Staff's evaluation of the request, 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 11-0. ■ 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 Depment/Agency: Planning Department ' ....00 ADepartment/Agency: , City Manager: I Applicant Franklin Johnston Group Management & Agenda Item Development, LLC Cyly Property owner July Virginia 2017 Wesleyan College „1 Public Hearing , 3 Virginia Beach City Council Election District Bayside Fete Request a i a Conditional Rezoning(R-15 Residential to ct# \ i „«a^""`� Conditional A-24 Apartment) 4I.,� Ir--A----A3-4—t.� ;� Y0„.0,0^°'d L, •4 �+` tt „paAI4e• Staff Recommendation ,,��° , Approval s Myrpap sc..,” o Staff Planner r Jimmy McNamara p"` oc" . V" +" R Location pUr c--' ...6 5900 Wesleyan Drive s"°°" o GPIN 4 ,,.. 1458958699 I sem,,, Site Size 12.85 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay 7 _ _ t -4-..••••••y_ 4 ,' O Existing Land Use and Zoning District r N.�� :4511,3 , �3 � � �,i- ` Vacant/R-15 Residential ' ��� P i? ,-.`f 42 . • Surrounding Land Uses and Zoning Districtsiy �, _ l rr North •.S4-, rimrtvo 1,,., , rd Single-family dwellings /R-15 Residential • 6. , -: , g+.,. South ` r Wesleyan Drive o -3=, Virginia Wesleyan University /R-15 Residential a East e,.;_ _ Church /R-15 Residential '''• West :� Single-family dwellings /R-15 Residential ��` . A Franklin Johnston Group Management &Development, LLC Agenda Item 3 Page 1 Background and Summary of Proposal • The subject site, owned by Virginia Wesleyan University, is currently undeveloped and zoned R-15 Residential District. The proposed request is to rezone the almost 13-acre site to Conditional A-24 Apartment District and develop the site with up to 252 apartment units. • Virginia Wesleyan University's (VWU) "Vision 2020: Pathway to Prominence" strategic planning initiative identifies action items to implement their vision of becoming "... a beacon for the liberal arts in the 21St century, where experiential learning opportunities empower students to grow as principled scholars and community leaders." Action item 5.3 of the plan states "Improve student housing to better accommodate student's expectations and residential living needs." While the proposed housing is not exclusively for VWU students, the applicant anticipates that many of the tenants will be VWU graduate students. • The submitted plan depicts eight multi-family buildings, a recreation center, and three single-story garage buildings. Five of the multi-family buildings will be four stories, with an approximate height of 52 feet. These taller buildings will be located along Wesleyan Drive. The remaining three multi-family buildings will be three stories, with an approximate height of 41 feet. Section 604 (b) of the Zoning Ordinance sets the maximum height of buildings within the A-24 Apartment District as 45 feet. A deviation to the maximum height requirement is requested for the five,four-story buildings. • The submitted elevations depict exterior building materials of brick veneer with cast stone accents and cement fiber board siding for both the multi-family buildings and the recreation center. Each of the apartment units is depicted with a covered porch. The single-story garages are proposed to have exteriors with a brick water table and cement fiber board siding. • A two-story recreation center and pool, and outdoor recreation areas are depicted to be located on the rear of the site, closer to the residential neighborhood. • The main ingress/egress point for the apartment complex will be at the existing signalized intersection of College Drive and Wesleyan Drive. A gated emergency ingress/egress point is depicted at the western side of the site. A west-bound right-turn lane is proposed along Wesleyan Drive. • The submitted site layout depicts 481 parking spaces, which exceeds the minimum parking requirement for 252 apartment units, as set forth by Section 203 of the Zoning Ordinance. In addition, the applicant has depicted space for bicycle parking at each of the buildings with the anticipation that many of the residents will be utilizing alternative modes of transportation to commute to the university located across the street. • An aluminum fence,four feet in height, with brick piers is proposed along the property line adjacent to Wesleyan Drive. As this fence is within the required front yard setback, a deviation for encroachment into the setback with the fence is requested. The brick piers of the fence are proposed to be located every 90 feet and at a height of six feet. Fences within the front yard setback are limited to a maximum height of four feet. A deviation to this height requirement is also requested. • The submitted Landscape Plan depicts the required 10-foot yard with Category IV landscape material along the rear and side property lines that are adjacent to the existing residentially zoned properties. Streetscape plantings, composed of a mix of shade and ornamental trees, is also depicted along Wesleyan Drive. Foundation plants are also proposed along the base of buildings facing Wesleyan Drive. Franklin Johnston Group Management &Development, LLC Agenda Item 3 Page 2 L *4-w - t`.''14 7t ,,9. e <., V" �� ' Tk �� '� Zoning History j/641, # Request f w �'r�w....a g I 1 STC Approved 09/02/2014 2113' STC Approved 05/27/2014 z "4,o% ` 2 CUP(Religious Use)Approved 05/25/1995 (Student Dormitories)Approved 02/27/2007 % ;.to 3 CUP pp R_, \� i . - CUP(School)Approved 04/24/1989 3rnM.Drive _ - 3 ` .iii MID 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 Va riance Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. (pp. 1-59 to 1-68) Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There do not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 14,800 ADT t(LOS°"C") Existing Land Use 2-290 ADT Wesleyan Drive 18,715 ADT t 27,400 ADT 1(LOS 4"E") Proposed Land Use 3-1,676 ADT lAverage Daily Trips 2 a s defined by 12.85 acres 3 a s defined by 252 apartments 4 LOS=Level of Service of R-15 property Franklin Johnston Group Management &Development, LLC Agenda Item 3 Page 3 Master Transportation Plan(MTP) and Capital Improvement Program (CIP) No roadway CIP projects are proposed for this area. A new traffic signal pole and mast arm must be installed at the southwest corner of the intersection of Wesleyan Drive and College Drive to accommodate the proposed leg to the intersection. Additional pedestrian crosswalks and American Disability Act compliant ramps will be required at the intersection of Wesleyan Drive and College Drive. These issues will be addressed during the final site plan review. Public Utility Impacts Water This site must connect to City water. There is an existing 24-inch City water transmission main along Wesleyan Drive, a four-inch City water main along Maywood Boulevard and a six-inch City water main along Norwich Avenue. Sewer This site must connect to City sanitary sewer. There is an existing eight-inch City sanitary sewer gravity main along Maywood Boulevard. Analysis of the sanitary sewer pump station and gravity collection system will be required to determine if proposed sanitary sewer flows can be accommodated. School Impacts School Current Enrollment Capacity Generation 1 Change 2 Bayside Elementary 472 585 28 20 Bayside Middle 1,007 1,264 11 6 Bayside High 1,799 1,827 13 6 1"Generation" represents the number of students that the development will add to the school. 2"Change" represents the difference between the number of potential or actual students generated under the existingzoningand the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). Evaluation and Recommendation The proposed development of the site with up to 252 apartment units, that will support VWU's growing graduate program, is in Staff's view in substantial conformance with the Comprehensive Plan's vision for this area. Careful consideration has been given to the site layout, as the taller buildings are sited along Wesleyan Drive, away from the existing residential neighborhood to the north and west. Much of the rear of the site will be comprised of stormwater BMPs, parking lots, recreational amenities and the required 10-foot buffer, all of which will contribute to the separation of the three and four-story buildings from the single-family dwellings in the adjacent neighborhood. As stated earlier, deviations are requested in regards to building height. As these buildings are oriented along Wesleyan Drive, Staff does not anticipate any negative impacts to the surrounding properties and supports this request. Additionally, a deviation is requested to the front yard setback and to the height of the proposed aluminum fence. It is the intent of VWU to install an identical fence along the south side of Wesleyan Drive. Staff views this as a benefit and supports these requests as well. The proposed exterior building materials are, in Staff's opinion, high quality. The proposed community amenities that include an indoor recreation center, pool and outdoor recreation space will provide residents adequate space to recreate. Based on the findings above, Staff recommends approval of this request subject to the submitted proffers below. Franklin Johnston Group Management &Development, LLC Agenda Item 3 Page 4 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: The Property, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Cox,Kliewer & Company, P.C.,entitled "Wesleyan College Apartments", and dated June 15, 2017 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Proffer 2: The quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer & Company, P.C.,entitled "Wesleyan College Apartments", and dated April 11, 2017 (the "Apartment Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. Proffer 3: The perimeter landscaping on the Property, when developed, shall be landscaped in substantial conformity with the landscape plan entitled "Streetscape Planting Wesleyan Apartments" prepared by Siska Aurand dated June 16, 2017. The exact species of the various types of landscaping may vary from the plan depending upon the availability of landscape material at the time of installation. Proffer 4: The number of multifamily residential units located on the Property, when developed, shall not exceed a total of two hundred fifty-two(252). Proffer 5: When the property is developed, the Grantor or its assigns will install a monument styled free-standing sign substantially where depicted on the Concept Plan. The monument sign cannot exceed a height of 10 feet, shall be externally lit and shall be complementary to the design and materials of the apartment buildings. Proffer 6: Subject to coordination with the City of Virginia Beach, Grantor shall install a 100' right turn lane into the Property from Wesleyan Drive. The exact location will be determined at site plan review to avoid impacting existing City traffic control equipment and structures. Staff Comments: The submitted proffers are acceptable and help ensure the development of the site as depicted in the submitted elevations and site layout. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code,including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Franklin Johnston Group Management &Development, LLC Agenda Item 3 Page 5 Proposed Site Layout pit . _.' 114 .At PP S" iteF •. J � ,y r .‘„, ,I. \ (f- :.• /Ai!! *, I14 ..,., --=-A, 4i.• ,.. it 0, ithe ..V,-;1:1 0-r: :‘,.1 . lii_.., ,,, S, - - _ ii -t . TO J W lli II , ,..,ili I J . _ib • l ". �F 1 ,� ; 1 - - IF jn, I �, ?TfTm ,e lli1 . \ if i - A---- - • \ip--*,,,,,, m s •.'. 1. --Altir 6t . ,,. li TT h , Franklin Johnston Group Management &Development, LLC Agenda Item 3 Page 6 Proposed Elevations ii I fr II .■ .1__ _ ii■ INN i Imo ■■ .A i • iiiium I_ �1m INN ■ .■ i.. i.. -E7-i-- 1;111-111711 1 1 =EN mi 8 ■ ii .l 111 Nom'- II■U4 IN I•= mamai IC- •-1 imi .. lifil lit■ ■■ MN I IIMII pm ■■ I i ,J U l t 1 AN I. ,±' I 11 f i— i ■■i 0-ft--- ' I.. I I•■ i1: me-- 1. 1 1=--� I I IC_: I a_. I -I 11 I Z O III' ---- i IIIII �� j,, IIP EN 1-I 1 1 0 3 ■I ■I ■I o r co e 1 r ill ill- IiiiTii IN r2 1. INN Imo • Infi O mou II < u U A. f Franklin Johnston Group Management & Development, LLC Agenda Item 3 Page 7 Proposed Elevations _,iiliii�iiil -- Ai! l ii i Imia i■■ 1:: I_ PP 1 1111, ■■ lmil '■■■■ hIg 1 !-- . -, - .1-71 IC.=�II1 IMI IM_: I 0 ll ::' Ilp Illarrillil 1 l ll NI- NNE Zs m I 10-= 1 lI CI li-il ME NE 1=1 MN 1 liiR tri+11 1. Z 11 E I= 1 '_T a im- w -7-. 1-,I_I o a I _.___, , E Mr LJ O I11:: :'� LL ■■..II • I 1 z ■ 9 I ' 1 m 1■ I. ■ o I■ i■ ■ w E. Franklin Johnston Group Management &Development, LLC Agenda Item 3 Page 8 Proposed Elevations Ind .. .. �-�� ■ - _ �R1AMMTFiT :Fit R�nnM Ant, al.11.11L141111111L. AWHrOTM gP Eti Inn- H i ' j - , . , I Ra6Rp1C , .; -- ErSTSTME --RW 11 -- ' TYPICAL FOUR STORY BUILDING END E_EVAT,ON TYPICAL THREE STORY BUILDING END ELEVATION -- MICA 1Baff11 111l74 CAST ST CNE ACCENTS FB61 CEMENT FLAT PAWL SII:lA1 / ,—.—FEES CEMENT UAP E�IAG A Ii I I l I I [Al/ A Ftp cert MERTICAL SONG .nn ■ 21.1 : . 7 ___i, - -T i II I = � � 1 E —0 _ CLUBHOUSE FRONT ELEVATION Franklin Johnston Group Management & Development, LLC Agenda Item 3 Page 9 Proposed Landscape Plan 4-1 GO VI ,e ' � o oto / e r., F::_ i lit ck o,. h ids *� ... _ c.,, Com/] A '; . •. In,o p =1 �� "I'llffet e.% i...'Vijkaor Pr.eria ,o 1i efiI I I 1 I A.• .L a �wo I - I. T: e, s fit 0 0 4.;::: TM: -P .1.0„. - ii o ': : `Ia: r = jt- l -r I _ _ I lir- -to': e M I momYL ' To' 1116.� - '0i ! • .,„71° TSI ' Ar liar. 1 Cin I jai' 1.1 01110 11111a C/) •If. r(,cas- ' rte. . '14. 6F ,V, r Franklin Johnston Group Management &Development, LLC Agenda Item 3 Page 10 Site Photos ' r tiftsk Y tL . • 4 - - .. r 1 Ir{' � �. y t .e j s .9T , 'i.;fn d 3, e, V. < r , r- .4 ,.yY .. `�4 3 4 irdt 43aSi' ,fi t'C .: 't sR � ;-. r!' a •} ifs+ , 74 _ • ..3,. ;.•;y,aiiisi r C.�dw• - " *- f "Y 1-,.-4.-'`33aa1+ .` -.., Yom' ' Franklin Johnston Group Management & Development, LLC Agenda Item 3 Page 11 Disclosure Statement APPLICANT'S NAME Franklin Johnston Group Management& Developr% 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 1 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 I ht cif-closures contt:inc d in this form an necessary to inform lulu( officials who may vote on the application as to WIrt.thcr they liarvt a tonihct of inti rest onder !°`ireiinia In c^� SECTION 1 / APPLICANT DISCLOSURE Pagel of7 h t�/ j ,1 Jimmy McNamara U Franklin Johnston Group Management &Development, LLC Agenda Item 3 Page 12 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: Please see attached 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 footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. H 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, AND THEN,complete the following. (A) List the Property Owner's name.Virginia Wesleyan College If an LLC, list the member's names: Page 2 of 7 Franklin Johnston Group Management &Development, LLC Agenda Item 3 Page 13 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Please see attached (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act.Va Code § 2 2-3101 2 'Affiliated business entity relationship" means 'a relationship other than parent-subsidiary relationship, that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities, there are common or commingled funds or assets, the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities- See State and 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 Franklin Johnston Group Management &Development, LLC Agenda Item 3 Page 14 Disclosure Statement APPLICANT Virginia Beach [YES [NO [ SERVICE 1 PROVIDER Luseneeded)additional sheets if I nn Accounting and/or preparer of Wall Winhein I I I I your tax return X nArchitect/Landscape Architect/ Cox Kiewer&Company PC Land Planner Contract Purchaser(if other than Land Lease VNC Property Owner an the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed LJ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) • nConstruction Contractors Manlyn Development Engineers/Surveyors/Agents Hassel and Folkes Financing (include current HUDNHDA X n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • nLegal Services Troutman Sanders LLP Real Estate Brokers / • X Agents/Realtors for current and anticipated future sales of the subject property _ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have • 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 Franklin Johnston Group Management &Development, LLC Agenda Item 3 Page 15 Disclosure Statement \13 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 Applicatl , _a SIGNATURE PAINyNNAME DATE __ __ ________ __ Page S of 7 Franklin Johnston Group Management &Development, LLC Agenda Item 3 Page 16 Disclosure Statement OWNER Virginia Beach YES NO SERVICE l PROVIDER luso additionalneeded) sheets if 1 l Accounting and/or preparer of KPMG your tax return n Architect/Landscape Architect/ The Franklin Johnston Group Land Planner Contract Purchaser(if other than CX the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ISI purchaser of the subject property (identify purchaser(s)and purchaser's service providers) nn Construction Contractors The Franklin Johnston Group nEngineers/Surveyors/Agents The Franklin Johnston Group I/`f Financing (include current n mortgage holders and lenders n ; selected or being considered to provide financing for acquisition or construction of the property) Legal Services Kaufman&Canoles Real Estate Brokers / f-1 n Agents/Realtors for current and 1 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 h/ an interest in the subject land or any proposed development l� contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Franklin Johnston Group Management &Development, LLC Agenda Item 3 Page 17 Disclosure Statement TO Virginia Beach .. -_S ._ _M .__. 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 I meeting, or meeting of any public body or committee in connection with this j!_p_plicatign. ___ j y Scott D. Miller 4/21/17 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE } Page 7 of 7 Franklin Johnston Group Management &Development, LLC Agenda Item 3 Page 18 Disclosure Statement Conditional Re-Zoning Application of Franklin Johnston Group Management& Development,LLC Applicant Disclosures (A)I.ist the Applicant's name followed by the names of all officers,directors,members,trustees, partners.etc..below: 1. Applicant's Name: Franklin Johnston Group Management&Development,LLC 2. Manager of Franklin Johnston Group Management&Development,LLC: a. Wendell C.Franklin b. W.Taylor Franklin c. Thomas M.Johnston 3. Members of Franklin Johnston Group Management&Development,LLC: a. Beach One, LLC b. Stephen W.Cooper c. M. David Jester d Johnston Family Group.LLC c. Cherie James f. Chris McKee (B) List the businesses that have a parent-subsidiary or affiliated business entity relationship with the Applicant: a. F&J Developers,I.LC b. Shorchaven Developers,LLC' c. Pickett Farms Developers, LI,C d. GreenPlain Properties,LLC e. Aquia Apts., LLC f. Aquia GP,LLC g. Aquia Developers.LI C' h. Kellingwood Apartments,LLC i. Franklin Johnston Associates. LLC j. Southern Pine One,LLC k. Quill Developers,LLC I. South Riding Apts LP m South Riding GP.I.LC n. Arbor Lakes LP o. Arbor Lakes GP,LLC p. Belleharbour Apts. LP q. BelleHarbour GP,LLC Franklin Johnston Group Management &Development, LLC Agenda Item 3 Page 19 Disclosure Statement r. Fountain Park Apts LP s. Fountain Park GP,LLC t. Summerland Heights III LP u. Summerland Heights III GP,LLC v. South Riding II LP w. South Riding II GP,LLC x. SLN 5100 LP y. SLN 5100 GP,LLC/Heritage Forrest II GP, I.1,C z. I Square Apartments LP aa. I Square Apts..LI' bb. Edward Street LLC cc. Twin Branch LP dd. Twin Branch GP,LLC ee. Dunlop Farms LLC ff. Belleville Seniors Apts LP gg. Belleville Seniors GP, LEC hh. Pickett Farms Apts LP ii. Pickett Farms GP, 1,I,C/Quill GP,1.I.0 jj. River House Apts LLC kk. River House Apts.,LLC 11. Sea Pines LP mm. Sea Pines GP,LLC nn. Shorehaven Apts LP oo. Shorehaven GP,LLC pp. Somerset Apts LP qq. Somerset GP,LLC rr. Heritage Hampton LP ss. Chippenham Apts LP tt. Chippenham GP, LLC uu. Southwind Apts I.P vv. Southwind GP,LLC ww. Spring Water,LLC xx. Summerland Heights LP yy. Summerland Heights GP, LLC zz. Tanglewood Lake Apts LLC aaa Whispering Oaks Apts LP bbb. Whispering Oaks GP,LLC ccc. Woodberry Forest Apts LLC ddd TFJG Price St.Apes,LLC eee TFJG Price Street Apts I.L P fff TFJG Price Street Apts II L P ggg. TFJG Price Street GP I.L L.C. hhh. TFJG Price STreet GP II.LLC Franklin Johnston Group Management &Development, LLC Agenda Item 3 Page 20 Disclosure Statement Board of Trustees Page 1 of 8 Virginia Wesleyan transitions from college to university May 23-August 1. Please be patient as this transition occurs. Board of Trustees The Board of Trustees is the governing body of Virginia Wesleyan University,Coastal Virginia's premier university of the liberal arts and sciences. It supports the University's mission, is responsible for securing adequate financial resources for the operation of the University,and establishes long-range goals and institutional policies. Trustees include leaders from business and industry,education,and the United Methodist Church,as well as the President of the University,who serves as an ex officio trustee.The full Board,which may consist of up to 40 elected trustees,meets three times per year and members serve staggered,three-year terms.Trustee Emeritus/Emerita status may be conferred upon members who rotate off the Board. The majority of the Board's work is accomplished through committees that relate to the five functional areas of the University:Academic Affairs,Students Life, Advancement,Finance and Administration, Enrollment,and oversight of endowment investments. 2017-2018 David L. Kaufman, Chair Scott D.Miller, Ph.D.(Ex officio),President of the University Jonathan E.Pruden, Vice Chair Cynthia G. Rodriguez'14,Secretary Anne B.Shumadine, Treasurer D.Henry Watts,Parliamentarian Gary D.Bonnewell'79, Immediate Past Chair Susan Torma Beverly'72 Retired Principal Virginia Beach, Virginia httpsi/www.vwu.edu/about-us/president-and-leadership/board-of-trustees.php 6/27/2017 Franklin Johnston Group Management &Development, LLC Agenda Item 3 Page 21 Disclosure Statement Board of Trustees Page 2 of 8 Gary D.Bonnewell'79 Certified Financial Planner Norfolk Virginia Nancy T.DeFord, Ph.D. Vice Presiden4 DeFord, Ltd. Retired,Superintendent Park City(Utah)School District Virginia Beach, Virginia O.L.(Butch)Everett Director Jones&Frank Corporation Norfolk Virginia Dale R.Foley CEO Foley Material Handling Ashland, Virginia William H.George President/CEO YMCA of South Hampton Roads Chesapeake, Virginia Susan S.Goode Community Leader and Volunteer Norfolk Virginia William W.Granger Ill Managing Partner Granger Investment Properties,LLC Norfolk, Virginia Mary C.Haddad President Louis&Mary Haddad Foundation Suffolk, Virginia https://www.vwu.edu/about-us/president-and-leadership/board-of-trustees.php 6/27/2017 Franklin Johnston Group Management &Development, LLC Agenda Item 3 Page 22 Disclosure Statement Board of Trustees Page 3 of 8 Alexander B.Joyner(Ex officio) Superintendent,Eastern Shore District United Methodist Church Parksley, Virginia David L.Kaufman Founder&Senior Managing Director En vest Virginia Beach, Virginia Howard P.Kern President&CEO Sentara Healthcare Norfolk, Virginia Ronald M.Kramer Community Leader and Volunteer Virginia Beach, Virginia Sharma D. Lewis(Ex officio) Presiding Bishop,Richmond Area United Methodist Church Glen Allen, Virginia John F.Malbon Chairman and CEO PAPCO,Inc. Virginia Beach, Virginia Vincent J.Mastracco,Jr. Partner Kaufman and Canoles, P. C. Norfolk, Virginia Mavis N.McKenley'11 (Exotic/c/o) Vice President and Trust Officer AMG National Trust Bank Virginia Beach, Virginia haps://www.vwu.edu/about-us/president-and-leadership/board-of-trustees.php 6/27/2017 Franklin Johnston Group Management &Development, LLC Agenda Item 3 Page 23 Disclosure Statement Board of Trustees Page 4 of 8 Scott D.Miller,Ph.D.(Exofficlo) President Virginia Wesleyan University Virginia Beach, Virginia Tassos J.Paphites'79 Chairman&CEO Burgereusters Inc. Virginia Beach, Virginia Deborah M.Paxson'75 Judge,juvenile and Domestic Relations Court City of Virginia Beach Virginia Beach, Virginia Jonathan E. Pruden Owner/President Taste Unlimited, LLC Norfolk Virginia Robin D.Ray President Atlantic Dominion Distributors Virginia Beach, Virginia Cynthia G.Rodriguez'14 Treasurer Bay Mechanical, Inc. Virginia Beach, Virginia Louis F.Ryan Retired,Executive Vice President and General Counsel Landmark Communications Norfolk, Virginia https://www.vwu.edu/about-us/president-and-leadership/board-of-trustees.php 6/27/2017 Franklin Johnston Group Management &Development, LLC Agenda Item 3 Page 24 Item#3 Franklin Johnson Group Management& Development, L.L.C. Conditional Rezoning R-15 Residential to Conditional A-24 Apartment 5900 Wesleyan Drive District 4 Bayside July 12, 2017 REGULAR Bob Thornton: Please call the next item. Jan Rucinski: The next item is Item3, an application of Franklin Johnson Group Management and Development, L.L.C. for a Conditional Rezoning R-15 Residential to Conditional A-24 Apartment on property located at 5900 Wesleyan Drive, District 4, Bayside. R.J. Nutter: Thank you very much. Mr. Chairman and members of the Commission, my name is R.J. Nutter, and I'm the attorney representing the applicant. I'm happy to be here today. First, I want to thank you for when we got into this room, we were on consent. I appreciate your indulgence there. But, I did want to tell you a little bit about the application. I want to also talk about some of the opposition's question because we've been able to address some of those with people who are here today in opposition. First, this is an application to rezone a piece of property that is owned by Virginia Wesleyan. During the informal session, you heard, and we talked about how officials have changed the official location for the University,that they were changed to a university status now. Part of that requirement to have a graduate program and the graduate program that started earlier this year and this application was an attempt by them to look at a housing component focused on their graduate students or any other free market place for rental. They have housing today on campus today for their students. They plan on adding additional housing for those students. In fact, their Board, in this process, asked us not to compete with them for student housing. They wanted the undergraduate students, to live on campus to the best extent possible. And they will be building additional housing for that purpose. So, having heard that and what they did was they hired a search committee and they actually interviewed 11 different developers of multi-family projects, and Franklin Johnson was lucky enough to be selected by them because of their reputation , and other factors, unknown to me and known only to them why they selected Franklin Johnson. With that, we than embarked on an effort to design this in a way that the Staff and the university wanted and that was to do everything we could to protect the adjacent residential property, L&J Gardens. L&J Gardens is a wonderful history. It is a wonderful neighborhood. And, we did everything we could designing it to keep it away from L&J Gardens. To that extent, we moved all the buildings, all the four-story buildings up along the right-of-way, along a common path. We agreed, with the university,for the common scheme of fencing. The university will be putting up along its portion of Wesleyan Drive, and also putting along Baker Road, as well. We agreed to put the parking up behind the buildings. We agreed that the buildings in the rear, and there are only two that are adjacent to the residential neighborhood, right here,these two (pointing to PowerPoint). This one is adjacent to Fenway. It is a church. This is a three-story structure as well. These two buildings, we agreed, along with this one, to keep three stories in height and to move them back as far away from the neighborhood as possible. We also agreed to put a buffer area, and I want to explain that to you. We agreed to put buffer areas between these buildings and the residential area. And these are labeled BMP features on the plan. They are, however, these well be dry landscape bio- Item#3 Franklin Johnson Group Management& Development, L.L.C. Page 2 retention areas with trees and shrubs. So,the buffer you see here is a buffer from the buffer from the apartments. So,this is really going to run from a minimum of about 50 feet in width here,to a maximum about 75-80 feet at its widest point here. We think this is important because these will not be wet. They will be dry. They will be bio-retention features in here. We've been working with a series of engineering about how to minimize impact on adjacent properties. So, we wanted to let you all know that. Second,we heard a concern from the neighbors. We actually had a meeting in May at the University and we invited the residents of L&J Gardens to attend that meeting after the first week of May. We just filed our application and we will get to them as quickly as we could. And, we had a good number of people in attendance including approximately 20 people from L&J Gardens, who attended the meeting. Some of the people, one of the persons who, was at that meeting, is here today, and the others who are here today were not able to attend that meeting for whatever reason. So, we haven't heard from anybody until today, but I did want to let you know we customary reach out to people adjacent property owners. We did in this case as well. And, so we discussed with them a couple of concerns. The first person today,there was a concern about one residence that there are some platted streets that come through here and I see another one up here. She wanted to know if we would be running the streets, if we were going to have any street connection between their neighborhoods and this, and of course, we told them there would be none.There would be no access vehicular access at all through here. One gentleman asked us if we would look at fencing along here in addition to the buffers we talked about. We said we would be happy to look at that with them. This is a gated community. This is gated here. So,we're happy to look at fencing along those lines as well. Another issue, one of the gentleman had that is here today, was also at the meeting asked us actually for us to look at his lot, because he has some of the trees on the property today, that are over his property line or have fallen into his yard causing leaves and stuff like that and asked us to trim those back or take them out if necessary. We told him we would do that. He then agreed to come to his home to make sure we got all of that taken care of. So, I would tell you that we have been very sensitive to that neighborhood. It is a long standing neighborhood, and we understand that. We have done everything we can in the design to make sure we reduce the impacts on the property, while at the same time it is a valuable piece of property owned by Virginia Wesleyan. They are trying to use to promote both the graduate program, and provide new housing in the area that is really nice and upscale. I think the rents start at the $1,300.00 range per month. And by the way,the Franklin Johnson Group has a 3 to 1 ratio of rents, in terms of your income. So, basically, you have to make about$40,000.00 a year to qualify,to be able to live there. So,we're not going to have too many students. We'll probably have some professors. And I think that nature, but we're not going to have any undergraduates to be honest with you. That is where they start. We also did some four bedroom quads like you might at the university.This is mostly one and two bedroom units. So, it is attractive to us because is not just Virginia Wesleyan, it is a great location. It is on a beautiful road. It's quiet. It is across from the university. It is across from Norfolk Academy. It is right near the interstate. It is a very attractive. We think it will be very,very popular, normal free market apartment complex. It is not going to be a student housing area, if you will, by any sense of the word. We tried to address the concerns in terms that we told them about the bio-retention areas. And it was no surprise to them. We told them the roads would not go through. So,we tried to address their concerns but we want to be good neighbors and listen further. I'll be happy to answer any questions you all might have in any regard of the application. Mr.Johnston is here from Franklin Johnson. I signed up a card for him. He is really here for any questions you have, but I don't think that would be necessary that he speak. Okay thank you. Bob Thornton: Thank you. Item#3 Franklin Johnson Group Management& Development, L.L.C. Page 3 Jan Rucinski: If he doesn't want to speak, I won't call on him. Tom Johnson: I'll be happy to answer questions. Jan Rucinski: Okay. Our first speaker in opposition is Cindy Wilkins. Cindy Wilkins: Yes. Jan Rucinski: If you please state your name for the record. Cindy Wilkins: My name is Cindy Wilkins. I live at 1033 Sanford Avenue, which is a community that is adjacent to L&J Gardens,and is also adjacent to the University. You can get into our community either by Wesleyan or by Baker Road. Now we were approached by the developers but I've been pleased today that he did address a couple of our concerns. Our civic league concerns, that here again, the Bayside area seems to be a very high density populated area. With the apartments that have gone up, the homes that have gone up just in the 3%years that I have lived here, I have seen things increase and traffic problems continue to increase. And of course, with the outlet malls and the university, we will see. I'm not opposed to the university building properties but when they say it is going to be open to the public, than I am concerned. I just heard the gentleman say that you have to qualify to live there. But are they still opening it up to the public first before they are opening it to the university folks.That is my main concern that was not addressed today. He did address our concern about the incorporated part of Norwich Avenue, which we were concerned that it may be open from the back of the apartments into the residential area of L&J and Diamond Lake Estates. Because we have noticed an increase and influx of traffic just with the Taco Ball up there at the corner of Northampton and Norwich, so we anticipate the traffic is not going to get any better. He also addressed another concern of mine with the no subsidized housing,which those apartments would not be and another one of our concerns, was there would be a fence so they would be willing to look at a fence at the back of the buffered property which faces, would be onto L&J's property residential areas. So,that is pretty much my concerns. Right now is with the continued density issues that we seem to be having in Bayside. Okay.Thank you very much. Bob Thornton: Any questions for the speaker? No question? Thank you. Jan Rucinski: Our next speaker is Matthew Gobla. Will you please state your name for the record? Matthew Gobla: My name is Matthew Gobla. I live at 660 Aubrey Drive. I use Wesleyan Drive to get to the highway to get to work. I see a dramatic increase in traffic in the last two years. We've had apartments going up. You've got Baker Woods,Semi Haven, and a new one still in development at Newtown and Baker Road. You've had the Lexi Town Homes go up. You've had the Diamond North Apartments go up, and these all within two miles or 1%of this area. So, we've had a dramatic increase in the amount of high density housing and apartments. We already have big traffic issues on Wesleyan Drive, especially with Norfolk Collegiate or Christian, I forget, the high school that borders Wesleyan University. Traffic controllers are posted during most school days to control the in and out of traffic so they will change the lights to allow students who are leaving with their parents out. Light issues with taking down the forest, being a huge nice buffer and the rezoning goes against the City of Virginia Beach's goal to increase its urban tree canopy from 38 to 45 percent by the year 2030, and especially for Item#3 Franklin Johnson Group Management& Development, L.L.C. Page 4 such a high density place. If it was developed into residential properties,you would see at least you wouldn't be losing so much even projected tree cover. Yes, if it was developed into residential, a lot of this forest would go away to but at least the lot would grow back or trees would be planted in yards and would provide for denser coverage than off street parking hardscape features here in the plan. I also have issues with decrease in property values and increase in urban heat, increase in stormwater runoff because of the local hardscape, an increase in light pollution, and additional burdens to local school systems and increase noise from construction and residents. Like I said, basically our area has been cut through, which I have experienced pretty much in two years of solid construction. I'm very much opposed to this,and I also a big wildlife advocate and I am the backyard bird watcher and you're going to lose a lot of nice birds that probably visit these adjacent property yards. Bob Thornton: Okay. Thank you. Are they any questions for the speaker? Thank you. Jan Rucinski: Our next speaker in opposition is Patricia Payne. State your name for the record. Patricia Payne: My name is Patricia Payne. I live at 1021 Fairlawn Avenue. My home will back directly up to the three story apartment buildings, which is about the size of this building, I believe. How would you like a building like that over your backyard looking through your windows from the third story? Think about it. That's a lot to ask and I am with him on the birds,we do have a lot of wonderful wildlife there, and with lots of activity I also have feeders an enjoy watching the Woodpeckers, and the Cardinals and the Blue Jays and all of the animals that reside in those woods. But our biggest concern is the buffer. They said there is a 10 foot tree line. Does anyone realize how small 10 foot is? Three trees maybe,three trees. How many can you see through three trees? I have a concern with that. We are always in our yard, and very active. A gorgeous yard by the way, and you take away the tree line and the privacy,you're really taking away a big part of what that neighborhood is about. It is a very park like setting. A lot of the yards are open to one another. They are no fenced off. That is part of the character and the beauty of the neighborhood. Wesleyan has a lot of property on the other side with trees that they are happy they can tear down if they want next to one of their other buildings. Why can't they make it a soccer field or a park? Why does it got to be these monstrosities that are three or four stories? That is a lot because most of these homes are ranch homes. That is all I have to say. I oppose it 100 percent. Bob Thornton:Thank you. Are there any questions of the speaker? None,thank you ma'am for coming down. Jan Rucinski: Our last speaker is William Waters. William Waters: Thank you ladies and gentlemen. I received a copy of the site plan. Ed Weeden: State your name fort the record? William Waters: William Waters. I live at 1021 Fairlawn Avenue. I receive a copy of the site plan. Initially I was pleasantly surprised. It seems like the developer is really going out of his way to move the apartment building away from the residents. My main concern has to do with flooding. I live on Fairlawn Avenue, which attends to flood in moderate rain. Now there is a drainage ditch that shares a common border between the woods and our properties. Now this ditch doesn't really function very Item #3 Franklin Johnson Group Management& Development, L.L.C. Page 5 well. So, my concern is how will runoff be handled with their new development, parking and what not? Will it adversely effect in an already bad situation within our neighborhood with regards to flooding. Thank you very much. Bob Thornton: Any questions of Mr. Waters? Thank you. We need to get you to fill out a card before leave. William Walters: I already did Ed Weeden: He did. Bob Thornton: Okay. Ed Weeden: It must be misfiled somewhere in there. Bob Thornton: Please come to the podium. Jackie Bowe:Thank you Mr. Chairman and members of the Commission. I am one of the residents of L &J Gardens that live directly Bob Thornton: State your name for record. Jackie Bowe: Jackie Bowe. B 0 W E. 1017 Fairlawn Avenue, Virginia Beach. I am one of the properties that is behind the Wesleyan property. I've been in L&J for most of my life. I enjoy the wooded area. It has been a very nice neighborhood to grow up in. I will say this. I am not anti-Wesleyan. Virginia Beach is fortunate to have a new university and I realize that the school does have to expand. I love my privacy in the back, but I don't want to stand in the way of progress either. I see that Franklin Group has done a pretty masterful job, I think, to try and better the situation and the property value. We've been kind of stagnant for years on what was going to be done with that piece of property. Again, my neighbor also mentioned to you about the ditch. Our topography in our neighborhood is a little more than the property across from the ditch is a little higher. So,we're concerned about possible flood issues and we talked to Franklin Group about that too. I am not sure that ditch is maintained by the City, which I suspect that it is and whether or not if the City could also have some influence as to either deepen the ditch or putting a pipe in along that water so that our properties don't flood out. That is our main concern. And again, when you live that property for as many years that I have, when you wake up and you got a skyscraper in your backyard, it is a little different. But again, I'm not against Wesleyan. I am just concern about those other issues a and over hanging trees that are right on the border line of the ditch that may also cause problems during storms and so forth. I had one tree once before that fell from the Wesleyan property and Wesleyan and took care of it for me instantly.They've been good neighbors. They are people who have been nice enough. They've invited us to meetings. They really put out the olive branch, in a sense, to try to let us know what's going on, so; we're not too surprised. So, for whatever input this may be on this project,that I what I had to tell you today. Thank you for your time. Bob Thornton: Thank you. Any questions of Mr. Bowe? Item #3 Franklin Johnson Group Management& Development, L.L.C. Page 6 Jan Rucinski: I did find his card. Bob Thornton: Thank you and we did find your card. Would you like to have a moment for rebuttal? R.J. Nutter: Yes sir. Thank you. As I said, and indicated a couple of things I would like to tell you. One, is Mr. Bowe was at the meeting and asked us to come in and take a look at his tree. We didn't have the address until today, so I am glad he came today so we could get his address. And we ensured him that the buffer we got there is going to change. There is no question about it. But we can preserve a certain percentage of what's going on in there because of the bio-retention system we are looking at. It is not going to be a wet pond system. It is going to be a dry area, bio-retention with shrubs and additions to that. So, we plan not to miss any more than that of 10 foot area of no impact on those trees. The other thing that I will tell you and you all have been in development, many of you for a long time, and you know that at often times if you start disruption of trees that can impact other trees in the area. One of the nice parts about this is that is really true here on this where you have a hard surface but here, where this is going to be soft area,where were are going to be planting in shrubs. We don't have that hard area, so a lot of these root systems on these trees that are left really survive. And have a really good chance of maintain themselves. So,there will be change. There is no question about it. I can't deny that but we've done everything we can to minimize that. So that is really a large, large buffer, much more than ten feet. Another question has been raised about the ditch, and the flooding, really quickly, the flooding.This particular design, even though all the water is directed in this direction,the outfall is out here, and run underneath Wesleyan Drive into an existing lake. So, in addition to that, we are going to be lowering the height of this property here along this area here, by about 18 inches. So, I'm sorry, this area. I beg your pardon on about 18 inches. The buildings remain higher but this area will start feeling lower. So,the all the drainage we're going to have is going to be focused in to these deep features and out into the outfall and it won't be going in cross. The ditch and we make it clear to them that if the ditch is on our property, we will be happy to pipe it. We're happy to do that. We're not draining it, probably some drainage it into today from the property. But we don't intend to drain it anything into that whatsoever. We told them we don't know actually where the ditch is in terms of whose property line it is on. Maybe we can work with them along. We won't be putting any additional water into that ditch. We will be running it into a first class stormwater system. It drains in the opposite direction away from the neighborhood. Mr. Chairman, we will continue to work with them as we always do. Dee Oliver: I know there was some conversation about a fence for privacy. Is that a good possibility? A strong possibility R.J. Nutter: I would say a strong possibility. It is fully gated along the front and that would make them feel better, we're happy to do that. We made that clear. Dee Oliver: I know on the front it is aluminum. Real pretty R.J. Nutter: Aluminum. There is more on the back. Depending on what the conditions are like in there, we could use a slated chain link or go with a solid color fence. It varies on when you get back into those wood on what will work. Another concern about fencing though is that I have fencing in my yard and there is a lot of trees, and every storm I have to replace the fence because the stuff falls and breaks Item #3 Franklin Johnson Group Management& Development, L.L.C. Page 7 through the fence. We'll work out something back there with him but we have no objection to putting a fence along that line. Bob Thornton: Are there any other questions of Mr. Nutter? If there are no questions, we will close the public hearing and open it up for the Commissioners to discuss. Who would like to lead off? Mr. Redmond? Dave Redmond: Thank you Mr. Chairman. Mr.Thornton, I had the pleasure of going out to Virginia Wesleyan and going over in some depth about the origins and the designs of this plan. And I know there are some folks who are understandably concerned about change. That is always going to happen on somebody else's property. On property you can't control. I do think that this is a very well thought out and well-designed plan to the greatest extent, they tried to put the building out of the right-of-way to conceal the parking the greatest extend in the middle. The stormwater, and given the laws and regulations of the stormwater management today, are far, far beyond that which existing in L&J Gardens, and a lot of others that housing Virginia Beach, so,those are not things that particularly concern me. This is a significant piece of Virginia Wesleyan's long term strategic plan. And, I do believe, it is actually fortunate to have such a high quality and high value asset in what is soon to be. It isn't technically already Virginia Wesleyan University, and it takes great pains to integrate the design and the fencing to liking. I certainly support it and I hope everyone here will support it. Bob Thornton: Thank you. Are there any other comments? Would anybody like to make a motion? Jack. Jack Wall: I would like to say a few things. One is that I am okay with it. It would have been nice fi they would have left of course the buffer, and it may have affected the number of buildings. It may have affected the parking. But it would have been nice during their planning stages to probably think a bit more about the neighborhood thinking about the residents that are going to back up to that.Yes, it is not their property, but it is zoned apparently residential. I think R-15? It is not zoned apartments, you know A-12, I think,A-24. So, it is going to be changed. We're actually rezoning it and from what the existing zoning is. I'm okay with it. I just wanted to point out that it is not the prime at all. A substantial buffer would have been nice. Apparently it is R-15. Bob Thornton: Karen? Karen Kwasny: I wonder if I could ask the woman where her property is located? Bob Thornton: Certainly. Karen Kwasny: Are you in that little triangle there? I find myself in agreement with Jack. I'm not in opposition to it. I generally like the idea. I think Virginia Wesleyan is a good neighbor and I don't think that their concept of what this will provide in the area I a good one. I agree with David that it is not a logical to place for retail so, and I will admit R-15 is going to change like that. I do think that Jack has a point about providing additional buffering and that would be a matter of perhaps just making a few adjustments that would allow for a greater buffer for those residents between their property and this property or their property and these buildings that would be,while the site plan look like there will be good deal of room, in reality not very much. So, I don't know if there is opportunity at the moment but I Item#3 Franklin Johnson Group Management& Development, L.L.C. Page 8 think it bears taking into consideration. Mike Inman: Mr. Chairman? Bob Thornton: Mike? Mike Inman: I would like to make a motion to approve the application. I think they did a wonderful job of planning it. It is not the most dense apartment zoning they could ask for. I'm sure there are certain numbers that work in order to make this project to go and make it the quality that we would like to see. Bob Thornton: A motion make by Mr. Inman. Do I have a second? A second by Mr. Redmond. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 11-0,the Commission has approved the application of Franklin Johnson Group Management and Development, L.L.C. Bob Thornton: Thank you. Gx1.11A. Eite ..1i.. .,,..„„,3.., rr• \`'-z CITY OF VIRGINIA BEACH � � �� INTER—OFFICE CORRESPONDENCE syr -_\ �•" t� d OF eOL :,;:o S� In Reply Refer To Our File No. DF-9885 DATE: August 23, 2017 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Franklin Johnston Group Management & Development, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on September 5, 2017. I have reviewed the subject proffer agreement, dated June 21, 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 is made as of this pz- day of JUJA-e--, , 2017, by and between VIRGINIA WESLEYAN COLLEGE, a Virginia non-stock corporation ("VWC" and to be indexed as grantor), FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, LLC. a Virginia limited liability company ("FJG" and to be indexed as grantor) (FJG and VWC together referred to as "Grantor"), 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, VWC is the current owner of that certain property located in the City of Virginia Beach, Virginia, identified as GPIN No. 1458-95-8699-0000 (the "Property"), which is more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit A; and WHEREAS, FJG is the proposed developer of the Property; and WHEREAS, Grantor has 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 R-15 to Conditional A-24; and 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. Grantor acknowledges 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 A-24 are needed to cope with the situation to which Grantor's rezoning application gives rise; and WHEREAS, Grantor has 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 A-24 zoning districts 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 are generated by the rezoning; and WHEREAS, said conditions having been proffered by Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full 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 GPIN NOS.: 1458-95-8699-0000 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, Grantor, for itself, its 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 Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Property, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Cox, Kliewer & Company, P.C., entitled "Wesleyan College Apartments", and dated June 15, 2017 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 2. The quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer & Company. P.C., entitled "Wesleyan College Apartments", and dated April 11, 2017 (the "Apartment Elevations"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 3. The perimeter landscaping on the Property', when developed, shall be landscaped in substantial conformity with the landscape plan entitled "Streetscape Planting Wesleyan Apartments" prepared by Siska Aurand dated June 16, 2017. The exact species of the various types of landscaping may vary from the plan depending upon the availability of landscape material at the time of installation. 4. The number of multifamily residential units located on the Property, when developed, shall not exceed a total of two hundred fifty-two (252). 5. When the property is developed, the Grantor or its assigns will install a monument styled free-standing sign substantially where depicted on the Concept Plan. The monument sign cannot exceed a height of 10 feet, shall be externally lit and shall be complimentary to the design and materials of the apartment buildings. 6. Subject to coordination with the City of Virginia Beach, Grantor shall install a 100' right turn lane into the Property from Wesleyan Drive. The exact location will be determined at site plan review to avoid impacting existing City traffic control equipment and structures. 2 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. Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, 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, Grantor 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 Grantor and Grantee. [Remainder of page intentionally left blank. Signature pages to follow] 3 IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. VWU: Virginia Wesleyan University, a Virginia non-stock corporation By: 67/41,6—D/1/4--- Name: Se 077- D /11 Title: 12€ s / D&-i✓i COMMONWEALTH/STATE OF 1-14Ar4411 CITY/COUNTY OF `rho• , to-wit: The foregoin instrument was acknowledged before me this 2.1 day of 20 f , , by 0. tfraield , who is personally kno n to me or has produced ?r�L. \.a., as identification, in his/her capacity as F"aticla.d" of Virginia Wesleyan University, a Virginia non-stock corporation, on behalf of the company. Notary Public My Commission Expires: /4/31 hi Elaine Aird ���' NOTARY PUBLIC Registration No. Commorwealtt;of Virginia 367P',,8 My CommssIO, Expires OCt 31;2617; ,` [NOTARIAL SEAL/STAMP] 4 DEVELOPER: Franklin Johnston Group Management&Development, LLC, a Virginia limited liability company By: cl' (NameAl, Jin Sbn Title: filo n4 f e,. COMMONWEALTH/ TATE OF t _y),Le, CITY/COUNTY OF V ut,'1 , to-wit: The foregoing instrument was acknowledged before me this (2t..s day of lrt,U')a?- , 20 t` - , by`TrAty .as VI 1 0 h r1Sbil who is personally known to me or h produced aentification, in his/her capacity as 1YYXl of Franklin Johnston Group Management & Development, LLC, a Virginialimited liability company, on behalf of the company. Lb . ... L k i -_-\ Notary Public My Commission Expires: A l IDSI al Gloria Harrison Registration No. 3 S S'� r S N Reg#9 975 COMMONWEALTH OF VIRGINIA [NOTARIAL SEAL/STAMP] mycommisionexpires Feb.28,202t 5 Exhibit A Legal Description of Property ALL THAT certain lot, piece or parcel of land, together with any buildings and improvements thereon, and all appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia, known and designated as "PARCEL A" on that certain plat entitled "RESUBDIVISION PLAT OF LOTS 19, 26, 27, 28 AND 29 L & J SITES (M.B. 18. P. 53) AND PORTION CLOSED BURMA ROAD (CITY ORDINANCE NUMBER 3367C) FOR VIRGINIA WESLEYAN COLLEGE VIRGINIA BEACH, VIRGINIA", dated August 4, 2015, prepared by MSA, P.C., which plat was duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20150828000843530. 6 ____,- / -- -----_,,______ _ --4-- p 1 2 minak,' (_____. 4 I — a , I 3 , i...11,...im ----._____./. _ nom ,_ ..10 L, , 1 Lit , sias maim "! 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I .. waft I loft -. a / 7:1' IN, I imamsfrillift III 1 4 _ i 4, L./ loi Pr- I r-----1 111111114 y \...,.., 1 , .. .1 ,/ iii.• \ 1 / a 74p CK 1 WON I / , Zr 1----„4 / - "1111 I ' 75*-;----} ‘ 41141; / 1 / Iki --- / CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: SACRED DAGGERS, LLC [Applicant] GIBSON ENTERPRISES, LLC [Owner] Conditional Use Permit (Tattoo Parlor) 3972 Holland Road (GPIN 1486157638). COUNCIL DISTRICT— ROSE HALL MEETING DATE: September 5, 2017 • Background: The applicant is requesting a Conditional Use Permit for a Tattoo Parlor in a unit within an existing shopping center at the northwest corner of Holland Road and Windsor Oaks Boulevard. According to the application, the 3,000 square-foot tattoo studio will include up to 10 workstations and will employ up to 10 people. • Considerations: Prior to operating on the site, the applicant is required to obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. 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 11-0, to recommend approval of this request. 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. Sacred Daggers, LLC Page 2of2 3. Any on-site signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of the signage. IN Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De me gency: Planning Department _rievvt City Manager: Applicant Sacred Daggers, LLC Agenda Item Property Owner Gibson Enterprises, LLC Public Hearing August 9, 2017 7 City of City Council Election District Rose Hall Virginia Beach Request Conditional Use Permit(Tattoo Parlor) t � � Staff Recommendation 11w1 " C,, Approval «„ a„,i P 3 Staff Planner ""0"" 4�0,' I 49 r Jonathan Sanders3. Na,, 0 Location �^ �oJ�`�� &f a 3972 Holland Road 5 p GPINk� a1 1486157638 �3 `� Site Size `,66, 1/ 2.71 acres `�� ir ,,rimmilk . Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Shopping center/B-2 Community Business Surrounding Land Uses and Zoning Districts .y } ~ . , Nii ` , ; North '�'r' l'"�R, r ., W ! t ,�: . = ,t -• Apartments /A-12 Apartment *. t °' ' U South ` r '`' ` "`r►— ' , `' 3 i +' ;`1+ Holland Road -` • . -,. 1-` �s m Single-family dwellings, medical office, • �,' `. i / , of}�;t „ , • pharmacy, apartments /B-2 Community i •eiete-:.k., �' r r' Business, PD-H1 Planned Development, N' r{. *_T "� Conditional A-18 Apartment '*` 4 , ,' ' `� J' ., East �, ' it • Windsor Oaks Boulevard ! ,. Convenience Store with fuel sales, restaurant / - tea,, tlos-. . B-2 Community Business ...� _,, , �� • - ti�>Il:,n(1•Ri)..1� West ` Townhouse dwellings /A-12 Apartment •' `' )r '• 4 , _ Sacred Daggers, LLC Agenda Item 7 Page 1 Background and Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Tattoo Parlor in a unit within an existing shopping center at the northwest corner of Holland Road and Windsor Oaks Boulevard. • According to the application, the 3,000 square foot tattoo studio will include up to 10 workstations and will employ up to 10 people. • The hours of operation are proposed as 11:00 a.m.—10:00 p.m.,seven days a week. • Similar to other signs in the shopping center,a box sign is proposed above the main entrance with a black background with white letters. ' I %get° �r �r — MINI,IIIIIINal14., a f ' ICS 1 ; Al2 �����" . -� twor hiag „ , -__ �� Zoning History L` - �►i�� i`,i # Request ads / _ �i:�� 1 CUP(Automobile Repair Garage)Approved 02/16/2016 '^'^�i< / -� = 2 / 2 CRZ(B-2 to Conditional A-18)Approved 05/13/2014 Holland Rod D 1B-2 A �9-2 I i B 1 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers RVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. (pp. 1-59 to 1-68) Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There are no significant natural or cultural resources associated with this predominately impervious site, as it is developed with a shopping center. Sacred Daggers, LLC Agenda Item 7 Page 2 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Holland Road 37,192 ADT 1 22,800 ADT (LOS 2 "C") No changes are anticipated. 27,400 ADT 1(LOS 2 "E") 1 Average Da i l y Tri ps 2 LOS=Level of Service Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Holland Road in the vicinity of this application is considered a four-lane divided minor urban arterial. It is currently functioning over capacity at a Level of Service "F". The MTP proposes a six-lane facility within a 165 foot right-of-way. There are currently no roadway CIP projects programmed for this segment of Holland Road. Public Utility Impacts Water &Sewer This site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation This request for a Conditional Use Permit for a Tattoo Parlor is acceptable. In Staff's opinion, this use is compatible with the surrounding commercial uses and is consistent with the Comprehensive Plan's land use policies for the Suburban Area. Prior to operating on the site,the applicant is required to obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code.This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. For the reasons stated above, Staff recommends approval of this application, subject to the conditions listed below. Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of the signage. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code,including those administered by the Department of Planning/Development Services Sacred Daggers, LLC Agenda Item 7 Page 3 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. Sacred Daggers, LLC Agenda Item 7 Page 4 Site Layout etilik `' �t - .vim T 'f T Ilp 1.4. /1w y4t� 'ci. ` ri _,r _ ;I Irl. 41111 < <,t -sc • r ffi .i b'i..„„.e. ... 4 ... , , , rites . 4.- , G LJ - ,y .. . rf r%z * �} a�J "ivy!' a 'i _< 4' � ...._ 1 is • J „Fit, -- 4f• I 4.e 443 •sligijilk- Unit _,_ m i r.1 Sacred Daggers, LLC Agenda Item 7 Page 5 Proposed Wall Sign C E GES TATTOO � Sacred Daggers, LLC Agenda Item 7 Page 6 Site Photos ASA tu00S' . . , lopior,,.,. I. .' - ilik =A ., , ITIVO -7 11111111k--- • s �. - - •:,: • -iWitAg -rte We ��^` - `,' - - '• — t.` I .. i'!1.'.6 .;:4-o.- y. �..i�.�" loss' .5 :.i6. "u. - - - � .� �.,..jswir„Ae�"".T»'Km+'✓ . ;' Sacred Daggers, LLC Agenda Item 7 Page 7 Disclosure Statement \irginia Beach APPLICANT'S NAME Sacred Daggers, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE • Page 1 of 7 ❑ , 56/2111 J,S Jonathan Sanders Sacred Daggers, LLC Agenda Item 7 Page 8 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership. firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Sacred Daggers, LLC If an LLC, list all member's names: Jackie Romano Smith, COO; Martha A Pierce, President; Michael A. Vasquez, Vice President 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 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name:Gibson Enterprises, LLC If an LLC, list the member's names:Paula Gibson, Sole member Page 2 of 7 Sacred Daggers, LLC Agenda Item 7 Page 9 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the 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 7 Sacred Daggers, LLC Agenda Item 7 Page 10 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ Accounting and/or preparer of Caldwell Minton,Certified Public your tax return Accountants Architect/ Landscape Architect/ Land Planner 111Contract Purchaser(if 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 purchaser's service providers) 111 ® 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) ElLegal Services Real Estate Brokers / Darr Commercial Real Estate ri Agents/Realtors for current and Services anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Sacred Daggers, LLC Agenda Item 7 Page 11 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA mee 'ng, or meeting of any public body or committee in connection with this A •li ,t'•• J Jackie Romano Smith (,1,/7 APP • T'S SIGNATURE PRINT NAME DATE / 1 Page 5 of 7 Sacred Daggers, LLC Agenda Item 7 Page 12 Disclosure Statement wV3 OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ ® Accounting and/or preparer of your tax return ❑ " Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ElConstruction 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) ❑ r1 Legal Services Real Estate Brokers / ❑ �' Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Sacred Daggers, LLC Agenda Item 7 Page 13 Disclosure Statement Vf3 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. (. iij P-1uxla.J,i05on 6447 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Sacred Daggers, LLC Agenda Item 7 Page 14 Item#7 Sacred Daggers, L.L.C. Conditional Use Permit 3972 Holland Road District 3 Rose Hall August 9, 2017 CONSENT An application of Sacred Daggers, L.L.C.for a Conditional use Permit (Tattoo Parlor) on property located at 3972 Holland Road, District 3, Rose Hall. GPIN: 1486-15-7638-0000. CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of the signage. A motion was made by Commissioner Oliver and seconded by Commissioner Horsley to approve item 7. AYE 11 NAY 0 ABS 0 ABSENT 0 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0,the Commission approved item 7 for consent. Michael Vasquez appeared before the Commission. K. APPOINTMENTS AGRICULTURE ADVISORY COMMITTEE BEACHES and WATERWAYS ADVISORY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE HOUSING ADVISORY BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE (MEDAC) PARKS and RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION STORMWATER APPEALS BOARD TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers *********************************** If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at(757)385-4303 ************************ /jag ( t1 ( (inri it : llcl. (°; l<CO ) Cal ('1)1C)ial et 2, 1 (`()ta()U1EC l)C\ Cilipt )e()1 t ( t(lc( (Tice Room C4'II tI \'()r !yin ;.k .,ftli(ht • 8:00 to 8:30 am Continental Breakfast • 8:30 to 9:30 am Lyle's Perspective on Cities in the 21st Century • 9:30 to 12:00 noon City Council and Manager's Staff Discussion on Initiatives • Noon to 12:30pm Lunch • 12:30 pm to 3:30 City Council and Manager's Staff Discussion on Initiatives CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/15/2017 PAGE: 1 D A AGENDA V S ITEM# SUBJECT MOTION VOTE A E H E W B N E J S U I B P DNOKMS H L W O 0 Y L N AOOR S 0 T R E EFNSM 100 T T R Y S ES SNND CITY COUNCIL'S BRIEFING I. TRANSIT PLANNING- Brian Solis, Transportation/Transit Planning Manager— Planning Ray Amoruso,Transit Chief Planning/ Development Office— HRT II. CITY MANAGER'S BRIEFING 1. SUSTAINABLE WATER INITIATIVE Melanie Coffey,Permit FOR TOMORROW(SWIFT) Administrator—Public Works 2. DEVELOPMENT SERVICES CENTER Nancy McIntyre, SITE PLAN REVIEW PROGRESS Development Services Administrator—Planning 3. REGIONAL BROADBAND STRATEGY David L.Hansen,City Manager III/IVNN CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y Y Y Y A Y Y Y Y SESSION A-E F/G MINUTES: APPROVED 9-0 Y Y Y Y Y Y A Y Y A Y August 1,2017 B S T A N E D H. MAYOR'S PRESENTATIONS: 1. ADD:Presentation of King Neptune William A.Lascara, XLIV,Stacy Cummings and His Court Neptune Celebration Chair Stacy Cummings 2. GOVERNMENT FINANCE OFFICERS Patricia Phillips, ASSOCIATION(GFOA) Director—Finance 3. UNITED WAY of HAMPTON ROADS Kurt Hofelich,United Way Board Vice- Chair/President of Sentara Norfolk General CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/15/2017 PAGE: 2 D A AGENDA V S ITEM# SUBJECT MOTION VOTE A E H E W B N E J S U I B PDNOKMS H LW O O Y LN AOOR S 0 T R EEENSM I 00 T T R Y S E S SNND BID OPENING NO OTHER BID Wireless Franchises for Use of City ROW— re Wireless Communication/Infrastructure J. PUBLIC HEARINGS 1. Non-Exclusive Franchise Use 1 SPEAKER Construct,Install and Maintain Wireless Communications/Infrastructures a. Mobilitie,LLC b. New Cingular Wireless PCS, LLC 2. Declaration/Conveyance of Excess City 1 SPEAKER Property Upton Drive/Nimmo Parkway to Hospice House of South Hampton Roads,Inc. ADDED Resolution re to MAINTAIN a Buffer of ADDED/CONSENT 10-0 Y Y Y Y Y Y A Y Y Y Y vegetation adjacent to the lake on the AGENDA property owned by the City on Upton Drive at adjacent to the proposed Hospice House of South Hampton Roads K. 1. Ordinance to AMEND the Real Estate Tax ADOPTED,BY 10-0 Y Y Y Y Y Y A Y Y Y Y Levy for FY 2018 re Bayville Creek CONSENT 2. Ordinance re Development Agreement for ADOPTED 7-2 N Y N YYY A A Y Y Y CityView Two/AUTHORIZE execution of documents 3. Resolution to AUTHORIZE/DIRECT ADOPTED,BY 10-0 Y Y Y Y Y Y A Y Y Y Y /EXECUTE Hampton Roads Water CONSENT Quality Credit Agreement for Chesapeake Bay Restoration with(HRSD) 4. Ordinance to DECLARE EXCESS City ADOPTED,BY 10-0 Y Y YYYY A YYY Y property at Upton Drive near Nimmo CONSENT Parkway and CONVEY same to the Hospice House of South Hampton Roads, Inc. 5. Ordinances to GRANT a Nonexclusive ADOPTED 10-0 Y Y Y Y Y Y A Y Y Y Y Franchise re Wireless facilities/ communication infrastructure to: a. Mobilitie,LLC b. New Cingular Wireless PCS,LLC CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/15/2017 PAGE: 3 D A AGENDA V S ITEM# SUBJECT MOTION VOTE A E H E W B N E J S U I B P DNOKMS H LW O O Y LN AOOR S 0 T R EEENSM 1 0 0 T T R Y S E S SNND 6. Ordinance to ADOPTED,BY 10-0 Y Y Y Y Y Y A Y Y Y Y AUTHORIZE encroachment into a CONSENT portion of City's waterway known as Bass Inlet—West at 2837 Bluebill Drive DISTRICT 7—PRINCESS ANNE 7. Ordinances to ADOPTED 9-I N Y Y Y Y Y A Y Y Y Y TRANSFER/APPROPRIATE: a. $250,000 from Tourism Investment Program re a modified Holiday Lights program 7. Ordinances to ADOPTED,BY 10-0 Y Y Y Y Y Y A Y Y Y Y TRANSFER/APPROPRIATE: CONSENT b. $ 50,000 for Community Services Board's Complex Care Program 8. Resolution re to MAINTAIN a Buffer of ADDED/ADOPTED, 10-0 Y Y Y Y Y Y A Y Y Y Y vegetation adjacent to the lake on the BY CONSENT property owned by the City on Upton Drive at adjacent to the proposed Hospice House of South Hampton Roads L. 1. REAL INVESTMENT ASSOC,INC., APPROVED/ 9-0 Y Y Y Y Y Y A A Y Y Y et al for a Variance to Section 4.4(b)of CONDITIONED,BY B the Subdivision Ordinance re lot width at CONSENT S 1337 Reedtown Road T DISTRICT 4—BAYSIDE A N E D 2. JAMES GRUSZECZKA/MONA AVE APPROVED/ 10-0 Y Y Y Y Y Y A Y Y Y Y &ASSOC I,LLC for an enlargement of CONDITIONED,BY a Nonconforming Use (Duplex) at 406 CONSENT 27th Street DISTRICT 6—BEACH 3. THE ENCLAVE AT PA BC,LLC DEFERRED 9-0 Y Y Y Y Y Y A A Y Y Y a. THE ENCLAVE AT PRINCESS INDEFINITELY,BY B ANNE HOMEOWNERS' CONSENT S ASSOCIATION, INC. for a T Modification of Proffers at North Landing A b. Road/West Neck Road 1 ANTHONY B. HUFFMAN,JR. for a N Conditional COZ from AG-1/AG-2 to PD- E H2(R-7.5)to establish Phase 2 at 2754/ D 2804/2808 North Landing Road DISTRICT 7—PRINCESS ANNE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/15/2017 PAGE: 4 D A AGENDA V S ITEM# SUBJECT MOTION VOTE A E H E W B N E J S U I B P DNOKMS H L W O O Y LN A 0 OR S 0 T R E E EN SM 100 T T R Y S E S SNND 4. MOGUL PROPERTIES, LLC for a APPROVED AS 10-0 Y Y Y Y Y Y A Y Y Y Y Conditional COZ from Conditional B-2 to PROFFERED,BY Conditional B-1A at 317 South CONSENT Witchduck Road DISTRICT 2—KEMPSVILLE 5. BICKFORD OF VIRGINIA BEACH, APPROVED AS 10-0 Y Y Y Y Y Y A Y Y Y Y LLC/LARRY B.SLIPOW/PRINCESS PROFFERED,BY ANNE ROAD INVESTMENTS,LLC/ CONSENT COURTHOUSE MARKETPLACE STATION,LLC a. Conditional Change of Zoning from AG- 2,0-2 and Conditional B-2 to Conditional 0-2 DISTRICT 7—PRINCESS ANNE 5. BICKFORD OF VIRGINIA BEACH, APPROVED/ 10-0 Y Y Y Y Y Y A Y Y Y Y LLC/LARRY B.SLIPOW/PRINCESS CONDITIONED,BY ANNE ROAD INVESTMENTS,LLC/ CONSENT COURTHOUSE MARKETPLACE STATION,LLC b. 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 6. HOSPICE HOUSE OF SOUTH APPROVED/ 10-0 Y Y Y Y Y Y A Y Y Y Y HAMPTON ROADS,INC.fora CUP re CONDITIONED,BY a Hospice House(Sanitarium)at Upton CONSENT Drive/Nimmo Parkway DISTRICT 7—PRINCESS ANNE 7. MERMAID WINERY AT THE APPROVED/ 10-0 Y Y Y Y Y Y A Y Y Y Y BEACH,LLC/FOON & BIK WONG CONDITIONED,BY for a CUP re a Craft Winery/Assembly CONSENT Use at 4401 Shore Drive DISTRICT 4—BAYSIDE 8. MILAGROS MONTESA/BEACH APPROVED/ 10-0 Y Y Y Y Y Y A Y Y Y Y HOLDINGS,LLC CUP re an Auto CONDITIONED,BY Repair at 5768 Arrowhead Drive,Unit C CONSENT DISTRICT 2—KEMPSVILLE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:08/15/2017 PAGE: 5 D A AGENDA V S ITEM# SUBJECT MOTION VOTE A E H E W B N E J S U I B P DNOKMS H LW O 0 Y LN AO OR S 0 T R E EENSM 100 T T R Y S E S SNND M. APPOINTMENTS: RESCHEDULED BYCONS ENS U S AGRICULTURE ADVISORY COMMITTEE BEACHES and WATERWAYS ADVISORY COMMISSION PARKS and RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS HOUSING ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION COMMUNITY ORGANIZATION Appointed: 9-0 Y Y Y Y Y Y A A Y Y Y GRANT(COG) Ellen Ellis Brad Ramsey 3 year tenn 9/1/17—8/31/20 DEVELOPMENT AUTHORITY Reappointment: 9-0 Y Y Y Y Y Y A A Y Y Y David Bernd 4 year term 9/1/17—8/31/21 HUMAN RIGHTS COMMISSION Appointed: 9-0 Y Y Y Y Y Y A A Y Y Y Dr.Virginia K. "Ginger"Jenkot Pankti Barot 3 year term 8/15/17—3/31/20 Nick DiNonno Junior at Princess Anne High School 2 year term 8/15/17-8/31/19 MILITARY ECONOMIC ADVISORY Appointed: 9-0 Y Y Y Y Y Y A A Y Y Y COMMITTEE(MEDAC) Greg M.Nosal Captain Charles Stuppard,Ph.D 5 year term 8/15/17-2/28/22 Oppinc Appointed: 9-0 Y Y Y Y Y Y A A Y Y Y Shannon Kane 2 year term 8/1/17—6/30/19 WETLANDS BOARD Reappointed: 9-0 Y Y Y Y Y Y A A Y Y Y Leonard Johnson 5 year term 10/1/17—9/30/22 N/O/P ADJOURNMENT 7:44 PM Council :A1id-1 car Retreat September 12. 2017 1=::cmrr►riiie DeN clr►pincnt ( unl'CITnee Room 'Iow ri Center Work rrig Agenda • 8:00 to 8:30 am Continental Breakfast • 8:30 to 9:30 am Lyle's Perspective on Cities in the 21st Century • 9:30 to 12:00 noon City Council and Manager's Staff Discussion on Initiatives • Noon to 12:30pm Lunch • 12:30 pm to 3:30 City Council and Manager's Staff Discussion on Initiatives