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HomeMy WebLinkAboutNOVEMBER 7, 2017 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL `Hu e MAYOR WILLIAM D.SESSOMS.JR At-Large CHL VICE MAYOR LOUIS R. JONES,Bavilde-Ditrict4 �4 p JESSICA P A88017Kempsville-District 24. BENJAMIN DAVENPORT •A L rg - 2 M ROBERT M.DYER C t 1/ D / (� I`� BARBARA M HENLEY,N ArnieMD DD 7 F� SHANNON DS KANE Rose Hall &genet 3 JOHN D.MOSS,Al Large JOHNS UHRIN.Beach Murk-to. ROSEMARY WILSON,At-Large JAMES L. WOOD.LYnnhaven-Muriel 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER DAVID L.HANSEN VIRGINIABEACH. VIRGINIA 23456-9005 CITY ATTORNEY MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR JERALDD.BANAGAN FAX(757)385-5669 CITY AUDITOR LYNDONS R£MIAS E-MAIL:Clyrnc/(dyvbgoe.eom CITY CLERK RUTH HODGESFRISER.MMC November 7, 2017 MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY MANAGER'S BRIEFINGS -Conference Room- 3:30 PM A. ENTERTAINMENT UPDATE B. OPPORTUNITY, INC. Shawn Avery, President and CEO C. SHORT TERM RENTALS ALTERNATIVE Mark D. Stiles, City Attorney II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION -Conference Room- 5:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend, Darren Keithley,Pastor Shadowlawn 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 October 17, 2017 G. FORMAL SESSION AGENDA I. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. PROCLAMATION— NATIVE AMERICAN HERITAGE MONTH Chief Lockamy, Nansemond Indian Tribe 2. RESOLUTIONS — a. PULMONARY HYPERTENSION AWARENESS MONTH Nicholas and Nicole Sharp b. VIRGINIA LIVESTOCK HALL OF FAME Donald H. Horsley I. PUBLIC HEARING I. DECLARATION and CONVEYANCE of EXCESS PROPERTY Indian River and Kempsville Roads J. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code § 21-353 and 21-354 re Cavalier Shores Neighborhood pertaining to Residential Permit Parking(Requesting Deferral to November 20, 2018) 2. Resolution to REFER to the Planning Commission proposed Amendments to the City Zoning Ordinance re: a. Definition, Requirements and Use of Home Sharing and Short Term Rentals b. Proposed Amendments to Sections I11 and 218 re definition of Major Retail Venue 3. Ordinance to ESTABLISH the Tax Rate of forty cents ($0.40)per$100 of assessed value on computer equipment and peripherals used in a Data Center effective January 1, 2018 4. Ordinance to DECLARE EXCESS City Property at Indian River and Kempsville Roads and AUTHORIZE the City Manager to exchange same to The Betty H. Buzzy Revocable Living Trust 5. Resolution to DIRECT the City Manager to terminate the Arena Development Agreement should USM not close on its construction loan by 11:59 P.M. on November 7, 2017 6. Resolution to REQUEST that State and Federal Governments proceed with widening and deepening of the Hampton Roads Harbor Channels 7. Ordinance to EXTEND the date to satisfy Conditions re closure of Lake Avenue, Oak Street and portions of Locust Crescent and Ellis Avenue (Approved November 27, 2012) DISTRICT 4—Bayside 8. Ordinance to APPROPRIATE to the School Reversion Fund: a. $19,258,877 to the FY2017-18 Operating Budget b. $ 900,000 to the FY2017-18 Capital Improvement Program 9. Ordinance to ACCEPT and APPROPRIATE: a. $4-Million from Federal Emergency Management Administration (FEMA)re Virginia Task Force 2 Urban Search and Rescue Team mobilization to support Hurricane Maria operations b. $302,000 from U.S. Department of Justice to the Police FY 2017-18 Operating Budget re body worn cameras c. $ 10,000 from the U.S. Department of Justice to the Police FY 2017-18 Operating Budget re purchase of Naloxone K. PLANNING 1. WILLIAM and CHRISTEN HICKEY for a Change of Zoning from B-2 Community Business to R-20 Residential at 500 Davis Street DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 2. TMSSR, LLC and VILLAGE DRIVE COMMONS, LLC for a Conditional Use Permit re a tattoo parlor at 620 Village Drive, Suite D DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. KABP DEVELOPMENT, LLC for a Conditional Use Permit re a hair care center at 2033 Fisher Arch DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 4. KODU, LLC and FAIRFAX SIXPLEX, LLC for a Conditional Use Permit re motor vehicle sales at 1165 Lynnhaven Parkway DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 5. RHETT REBOLD and DERRICK BORTE for a Conditional Use Permit re a craft brewery and an open-air market at 505 18`" Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 6. GRACE BIBLE CHURCH OF VIRGINIA BEACH, INC. and MARY H. SMITH, TRUSTEE OF THE MARY H. SMITH REVOCABLE TRUST for a Conditional Use Permit re a religious use at 2285 London Bridge Road (Deferred October 3,2017) DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 7. SXCW PROPERTIES II, LLC and FULTON BANK,N.A. for a Conditional Use Permit re a car wash and auto service station at 3264 Holland Road(October 17, 2017) DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL L. APPOINTMENTS AGRICULTURE ADVISORY COMMITTEE BEACHES and WATERWAYS ADVISORY COMMISSION BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD (CBS) HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HISTORIC PRESERVATION COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE (MEDAC) PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION (RAC) SENIOR SERVICES OF SOUTHEASTERN VIRGINIA STORM WATER APPEALS BOARD TRANSPORTATION DISTRICT OF HAMPTON ROADS 2040 VISION TO ACTION COMMUNITY COALITION (VTACC) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers *********************************** If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at(757)385-0303 ************************ 11/7/17/jag MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY MANAGER'S BRIEFINGS -Conference Room- 3:30 PM A. ENTERTAINMENT UPDATE B. OPPORTUNITY, INC. Shawn Avery, President and CEO C. SHORT TERM RENTALS ALTERNATIVE Mark D. Stiles, City Attorney H. CITY COUNCIL LIAISON REPORTS HI. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION -Conference Room - 5:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER— Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend, Darren Keithley, Pastor Shadowlawn 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 I. INFORMAL and FORMAL SESSIONS October 17, 2017 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. PROCLAMATION — NATIVE AMERICAN HERITAGE MONTH Chief Lockamy,Nansemond Indian Tribe 2. RESOLUTIONS — a. PULMONARY HYPERTENSION AWARENESS MONTH Nicholas and Nicole Sharp b. VIRGINIA LIVESTOCK HALL OF FAME Donald H. Horsley to Proclamation $$MEnAS: Native Americans have made use ofthe natant('resources IT Virginia and Virginia beaachfor over .15,000 years;and W.ithlti : Native Americans praspered&%yuta as hunters and gatherers for thousands of years Going in handy and encampments and Native Americans deudopedtribal relationships ant Mt fed in hamlets andvifagec and X15: Vie Chesapeake Indian tribe midedIna village in Virginia bath at the time of or just prior to the at seventeenth century settlement of the region fry Enghan4 and 7/ AS .Members oftheNansemndlndan tribe move/asuman!wane in areas that imitated Virginia (Stack and WARMS: An/ndwn resonation in the Tungo area ofV irgiia beach wasoccupied by Nonmronilndaru in the(ate seventeenth century and %ME fi the Commonwealth ofMngmapffciafy recognized the Nansemondlndan tribe in 1985;and *MEWS: limbers of the NansemondIndan tribe play an essentialaT in the Virginia beach community today;and 101941t1011. Chief bee Gotbpmy is a resident of the City ofVirginia beat&and cS'S: November was fnst decanedas Native American Heritage Month in the'UnitedSates ofAmerica in 1990 and SLS`. November is atm commemorated as Native American Neige Month in the Commomva@hof *gain OW,,2112flgDA¢,I,William Sessoms,Jr.,Mayor of the City ofVirginia Match,Vginia,do hereby proclaim. November 2017 Native American Heritage !lontfi In Lfrai is&ads,and a6 upon the citizens,government agencies,pubhu and private institutions,businesses and sthoo&in Virginia beach to recognize the contributions ofNative Americans to the history and development oft e city,state and nation ands commemorate this month with appmpnate activities. In Weans Monof, I haw hereunto set my hand and caused the Official Seat of the City of Virginia ((Bach ¶iginia,to beaffi eithv Seventh day ofNovember,Two Ihousaniand Seventeen • TMIGam rp.Se sours,3r. %ayor I. PUBLIC HEARING I. DECLARATION and CONVEYANCE of EXCESS PROPERTY Indian River and Kempsville Roads v J PUBLIC HEARING DECLARATION AND CONVEYANCE OF EXCESS CITY PROPERTY the vlrMnia Beach City Council will hold a PUBIC HEARING Tuesday,November 7, 2017, at 6:00 pm., in the Council Chamber, City Hall • Bldg. 1. Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public input to determine whether the following City property should be declared 'Excess Of the CM's needs' and sold or otherwise conveyed: Approximately 8,188 sq. I. (0.188 acre) of land located near the tersectlon of Indian River and Kempsvllle Roads, known as SPIN.. 1465-38-9270. Any questions concerning tos matter tr should Pe directedOcto the Publicenter, Real EstateulMunicipal genie, 240Vico CourthouseBc , Drive.456 Bldg. #2, 4i161�e Beach.VA 23456.p571986 4161 or ggcYUronCepmvS4T. It you are physically disabled or visually Impaired and need assistance at this meeting please ran the COY CLERKS OFFICE at 7873864303; Nearing Impaired, call 711 Vic nia Relay • Telephone Device for the Deafd. All interested parties are invited t0 attend Ruth Hodges r MC City Clerk Beacon: Sunday.October 29.2017 J. ORDINANCES/RESOLUTIONS I. Ordinance to AMEND City Code § 21-353 and 21-354 re Cavalier Shores Neighborhood pertaining to Residential Permit Parking(Requesting Deferral to November 20,2018) 2. Resolution to REFER to the Planning Commission proposed Amendments to the City Zoning Ordinance re: a. Definition, Requirements and Use of Home Sharing and Short Term Rentals b. Proposed Amendments to Sections 111 and 218 re definition of Major Retail Venue 3. Ordinance to ESTABLISH the Tax Rate of forty cents ($0.40)per$100 of assessed value on computer equipment and peripherals used in a Data Center effective January 1, 2018 4. Ordinance to DECLARE EXCESS City Property at Indian River and Kempsville Roads and AUTHORIZE the City Manager to exchange same to The Betty H. Buzzy Revocable Living Trust 5. Resolution to DIRECT the City Manager to terminate the Arena Development Agreement should USM not close on its construction loan by 11:59 P.M. on November 7, 2017 6. Resolution to REQUEST that State and Federal Governments proceed with widening and deepening of the Hampton Roads Harbor Channels 7. Ordinance to EXTEND the date to satisfy Conditions re closure of Lake Avenue, Oak Street and portions of Locust Crescent and Ellis Avenue(Approved November 27, 2012) DISTRICT 4—Bayside 8. Ordinance to APPROPRIATE to the School Reversion Fund: a. $19,258,877 to the FY2017-18 Operating Budget b. $ 900,000 to the FY2017-18 Capital Improvement Program 9. Ordinance to ACCEPT and APPROPRIATE: a. $4-Million from Federal Emergency Management Administration(FEMA) re Virginia Task Force 2 Urban Search and Rescue Team mobilization to support Hurricane Maria operations b. $302,000 from U.S. Department of Justice to the Police FY 2017-18 Operating Budget re body worn cameras c. $ 10,000 from the U.S. Department of Justice to the Police FY 2017-18 Operating Budget re purchase of Naloxone October 24, 2017 To:The Honorable William D Sessoms Jr. and Members of city Council Dear Mayor Sessoms and Councilmembers, The Historic Cavalier Shores Civic League would like to defer our request for changes to the Residential Permit Parking Program. Members of our Board have met with the Planning Staff concerning this subject. Planning has indicated to us that they realize parking on our streets will be impacted by the Cavalier Hotel and residence development. Since currently there is not enough data, Planning has recommended that we continue to gather the data until late Summer/early Fall. After the Cavalier on the Hill opens and through the summer months, we will have an indication as to how severely our neighborhood will be impacted. Therefore, we request that this matter be deferred until November 21, 2018. This will allow the Planning Staff, as well as our community,to develop a cohesive understanding of the parking needs of our neighborhood. Respectfull Bernice P..e Preside r The H storic Cavalier Shores Civic League (311 CITY OF VIRGINIA BEACH AGENDA ITEM 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: November 7, 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. On September 5, 2017, the City Council deferred this ordinance for 60 days. The applicant civic league has requested a deferral to November 21, 2018. Because the 21st is a Wednesday, the recommendation below is that the matter be deferred to November 20, 2018. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendation: As requested by the applicant civic league, defer the item to November 20, 2018. • Attachments: Ordinance and deferral request letter. 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 4511 Street; the 33 alley between 45'h Street and 44th Street; both sides of 44th, 43rd 'A, 43rd, and 34 42nd 'A Streets; the north side of 42nd Street; the alley that runs parallel to the west 35 side of Atlantic Avenue from Cavalier Drive to 45'h 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 treasurers 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 erick R. Ingram City Attorney's Office CA14067 R-1 August 25, 2017 C, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Referring to Planning Commission Proposed Amendments to the City Zoning Ordinance Pertaining to the Definition, Requirements and Use of Home Sharing and Short Term Rentals MEETING DATE: November 7, 2017 • Background: For more than a year the City has evaluated various aspects of short term rentals of residential dwellings. Although short term rentals have been commonplace in various areas of the City for many years; with narrow exceptions, these rentals are not permitted by the City Zoning Ordinance. In recent years, emerging online rental platforms have opened up the rental marketplace resulting in an increase in residential short term rentals throughout the City. Simultaneously, some residential properties, usually with ocean or bay views, are now being developed and rented for the purpose of hosting large events, which prompt neighborhood concerns regarding traffic, parking, noise, trash disposal, fireworks, etc. The evolving environment has drawn attention to the need for consideration of amendments to the City Zoning Ordinance to authorize and appropriately regulate this activity to ensure compatibility within residential neighborhoods. In an effort to obtain public input, in 2016 the City Council tasked the Beaches and Waterways Commission with evaluating and making recommendations regarding event houses and peer-to-peer rentals. Also in 2016, the Council established the On-line Home Sharing Ad Hoc Committee. Both entities held numerous public meetings and public hearings, and made reports and recommendations to the City Council. The Beaches and Waterways recommendations were provided to City Council in August 2016 and the On-line Home Sharing Ad Hoc Committee presented its report to City Council on November 15, 2016. In 2017 the General Assembly enacted legislation allowing localities to create a short term rental registry. This legislation specifically reserved to localities the right to adopt appropriate zoning regulations for short term rentals. The City passed an ordinance requiring short term properties to register with the Commissioner of the Revenue on August 16, 2016, and amended it to comply with the 2017 General Assembly legislation on July 1, 2017. In the interim, City staff has taken the input from the Beaches and Waterways Commission and the On-Line Home Sharing Ad Hoc Committee along with other public input received and developed three (3) alternative amendments to address the zoning aspects of short term rentals. This resolution refers the three alternatives to the planning commission for its consideration and recommendation. These alternatives incorporate some of the recommendations of the Beaches and Waterways Commission and the Online Home Sharing Ad Hoc Sharing Committee, but also include other provisions not recommended by those bodies. • Considerations: Two of the three alternatives distinguish between "home sharing," a form of short term rental where the rental unit is the principal residence of the owner and the owner is present during the rental period, and other short term rentals where the owner is not present. Home sharing is a permitted use in all zoning districts where residential dwellings are permitted, subject to certain regulations, including registration, payment of the applicable transient occupancy tax, parking requirements, etc. Other short term rentals would require a conditional use permit unless that requirement was waived. Under Alternative 1, properties located within a Short Term Rental Overlay District would not require a CUP. Alternative 2 would not require a CUP for any property that had registered with the Commissioner of the Revenue and paid transient occupancy tax prior to January 1, 2017. Alternative 3 classifies all short term rentals as home occupations and allows them as a permitted use. In addition to requirements regarding registration, parking, trash, noise, and traffic, all three alternatives require the owner to provide the City with the name of a contact person authorized to enforce the lease terms and available to respond to the rental dwelling at all times during the rental period. All three alternatives also limit the number of rental contracts to one per seven (7) day period; require $1 million in insurance coverage; and impose a special events permit requirement on certain large gatherings. The Resolution requests the Planning Commission to act on the proposed amendments by no later than forty (40) days after the adoption of the Resolution. This effectively requires the Commission to act at its December 2017 meeting. • Public Information: The Resolution itself does not require any form of advertising; the actual CZO amendments, however, will be the subject of twice- advertised public hearings before both the Planning Commission and the City Council. • Recommendations: Adoption of Resolution • Attachments: Ordinances (3) setting forth proposed CZO amendments Recommended Action: Adoption of resolution Submitting D- • . , gency: Requested by Planning and Community Developm_ ,�\�'r► City Manager: a� VIP 1 A RESOLUTION REFERRING TO THE PLANNING 2 COMMISSION THE ALTERNATIVE PROPOSED 3 AMENDMENTS TO THE CITY ZONING ORDINANCE 4 PERTAINING TO THE DEFINITION, REQUIREMENTS AND 5 USE OF HOME SHARING AND SHORT TERM RENTALS 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 There are hereby referred to the Planning Commission, for its consideration and 14 recommendation,three alternative amendments to the City Zoning Ordinance, pertaining to 15 the definition, requirements and use of home sharing and short term rentals. A true copy 16 of such proposed amendments is hereto attached. 17 18 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 19 BEACH, VIRGINIA: 20 21 That the Planning Commission be, and hereby is, directed to transmit to the City 22 Council its recommendation concerning the aforesaid amendments no later than forty(40) 23 days after the date of adoption of this Resolution. Adopted by the City Council of the City of Virginia Beach, Virginia, on the day of , 2017. APPROVED AS TO LEGAL SUFFICIENCY: /V N City Attorney's Office CA14237 R-3 October 31, 2017 1 ALTERNATIVE 1 2 3 4 AN ORDINANCE TO AMEND SECTIONS 102, 111, 401, 5 501, 601, 901, 1110, 1125, 1521 AND 2203 OF THE CITY 6 ZONING ORDINANCE AND SECTION 5.2 OF THE 7 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 8 AND ADD SECTIONS 209.6 AND 241.2 OF THE CITY 9 ZONING ORDINANCE PERTAINING TO THE DEFINITION, 10 REQUIREMENTS AND USE OF HOME SHARING AND 11 SHORT TERM RENTALS 12 13 Sections Amended: City Zoning Ordinance Sections 102, 14 111, 401, 501, 601, 901, 1110, 1125, 1521, and 2203 and 15 Oceanfront Resort District Form-Based Code Section 5.2 16 17 Sections Added: City Zoning Ordinance Sections 209.6 and 18 241.2 19 20 WHEREAS, the public necessity, convenience, general welfare and good zoning 21 practice so require; 22 23 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 24 BEACH, VIRGINIA: 25 26 That Sections 102, 111, 401, 501, 601, 901, 1110, 1125, 1521, and 2203 of the 27 City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based 28 Code are hereby amended and reordained, and Sections 209.6 and 241.2 of the City 29 Zoning Ordinance are hereby added and ordained, to read as follows: 30 31 ARTICLE 1. GENERAL PROVISIONS 32 33 34 35 Sec. 102. Establishment of districts and official zoning maps. 36 37 (a) In order to carry out the purposes and provisions of this ordinance, the 38 following districts are hereby established: 39 40 41 42 (al) There are hereby established the - • . - e - -e . e e - g- 43 following overlay districts: 44 45 (1) Shore Drive Corridor Overlay District ("SD") 46 47 al North End Overlay District ("NE"). 48 49 (3) Old Beach Overlay District ("OB") 50 51 a4) Historic Kempsville Area Overlay District ("HK"). 52 53 a_5J Workforce Housing Overlay District ("WF"); and 54 55 (6) Short Term Rental Overlay District ("STR"). 56 57 Such districts shall be designated on the official zoning map by the an 58 appropriate notation "(SD)" following the designation of the underlying zoning district. As 59 an illustration, property in the Shore Drive Corridor Overlay District and in the B-4 Mixed 60 Use District shall be designated on the official zoning map as having the classification 61 "B-4(SD)." 62 63 (a2) T•. . : . _ _ 68 69 (a3) T• - - ' • - :. _ e _ - :, -: ! : :_ _ ! - . •. . 70 - - - e - - e - - - • - . . - . . - • - - - 74 75 (a4) T•: • : : : :- - : -- :: 76 Cuch district shall be designated on the official zoning map by tho notation "(HK)" 80 2(HK)." - - - - - - 81 82 (a5) T• : : : • - -: -- --' - 87 89 : • . .: - e . : : - . 90 ofthe-preperty 91 2 92 93 94 Sec. 111. Definitions. 95 96 97 98 Home sharing. A dwelling in which a room or rooms are offered for rental for 99 compensation for a period of thirty (30) consecutive days or less by an owner who 100 utilizes the dwelling as his principal residence and occupies the dwelling during any 101 such rental period. 102 103 104 105 Hotel and motel. A building or group of attached or detached buildings containing 106 dwelling or lodging units in which fifty (50) percent or more of the units are lodging units, 107 and for which compensation is exchanged for short-term occupancy of the dwelling or 108 lodging units. A hotel shall include a lobby, clerk's desk or counter and facilities for 109 registration and keeping of records relating to hotel guests. This torm also includoc 110 motels 111 112 113 114 Principal residence. Principal residence shall be the location where a person 115 lives fifty (50) percent or more of the time. A person shall not have more than one (1) 116 principal residence. 117 118 119 120 Short term rental. A dwelling that does not meet the definition of home sharing in 121 which a room or rooms, or the entire dwelling are rented for thirty (30) consecutive days 122 or less for compensation. 123 124 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 125 ALL DISTRICTS 126 127 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 128 PARKING, OFF-STREET LOADING, AND CERTAIN USES 129 130 . . . . 131 132 Sec. 209.6. Home sharing. 133 134 1. All parking must be provided on the property in which the home sharing is 135 located 136 3 137 2. No noise shall be created in excess of what is normally expected in a 138 residential neighborhood' 139 140 3. No additional traffic shall be created in excess of what is normally expected 141 in a residential neighborhood' 142 143 4. The owner must provide contact information sufficient to allow the city to 144 communicate with the owner occupying the dwelling at all times during the 145 rental period 146 147 5. To the extent permitted by state law, each dwelling offered as a home share 148 must maintain registration with the Commissioner of Revenue's office and 149 pay all applicable taxes. Adiudicated violations of three (3) applicable local 150 state or federal laws or regulations may result in the revocation of said 151 registration' 152 153 6. There shall be posted in a conspicuous place within the dwelling the 154 complete text of City Code Sections 23-69 through 23-71 (noise), 31-26, 31- 155 27 and 31-28 (solid waste collection), 12-5 (fires on the beach) and 12-43.2 156 (fireworks). 157 158 T All refuse shall be placed in automated refuse receptacles, where provided 159 and comply with the requirements of City Code Sections 31-26, 31-27 and 160 31-28' 161 162 8. There shall be no more than one (1) rental contract during any consecutive 163 seven (7) day period 164 165 a The owner shall provide proof of liability insurance applicable to the rental 166 activity of at least one million dollars ($1,000,000.00) underwritten by 167 insurers acceptable to the city' 168 169 10.AI1 emergency exits in the structure shall be clearly marked; and 170 171 11.The City may inspect the property at any reasonable time, after notice, to 172 verify compliance with the provisions listed above. 173 174 C. CONDITIONAL USES AND STRUCTURES 175 176 177 178 Sec. 241.2 Short term rental. 4 179 180 1. All parking must be provided on the property in which the short term rental is 181 located• 182 183 2. No noise shall be created in excess of what is normally expected in a 184 residential neighborhood' 185 186 a No additional traffic shall be created in excess of what is normally expected 187 in a residential neighborhood• 188 189 4. No events with more than fifty (50) people present, shall be held absent a 190 special events permit. Events with more than fifty (50) people are limited to 191 no more than three (3) events in a calendar year. No more than one 192 hundred (100) people shall be present at any event held on the property' 193 194 5. The owner or the owner's agent must be identified and able to be present 195 on the site within thirty (30) minutes of being contacted at all times during 196 the rental period 197 198 6. No signage shall be on site, except that each short term rental is allowed 199 one (1), one-foot by one-foot sign, posted on the building, that identifies the 200 short term rental' 201 202 T To the extent permitted by state law, each short term rental must maintain 203 registration with the Commissioner of Revenue's office and pay all 204 applicable taxes. Adiudicated violations of three (3) applicable local, state 205 or federal laws or regulations may result in the revocation of said 206 registration' 207 208 8. There shall be posted in a conspicuous place within the dwelling the 209 complete text of City Code Sections 23-69 through 23-71 (noise), 31-26, 31- 210 27 and 31-28 (solid waste collection), 12-5 (fires on the beach) and 12-43.2 211 (fireworks)' 212 213 9. All refuse shall be placed in automated refuse receptacles, where provided 214 and comply with the requirements of City Code Sections 31-26, 31-27 and 215 31-28; 216 217 10.There shall be no more than one (1) rental contract during any consecutive 218 seven (7) day period; 219 5 220 11.The owner shall provide proof of liability insurance applicable to the rental 221 activity of at least one million dollars ($1,000,000.00) underwritten by 222 insurers acceptable to the city' 223 224 12.The maximum number of persons on the property after 10:00 p.m. and 225 before 7:00 a.m. shall be two (2) individuals per bedroom plus four (4) 226 additional persons. 227 228 13.All emergency exits in the structure shall be clearly marked; and 229 230 14.The City may inspect the property at any reasonable time, after notice, to 231 verify compliance with the provisions listed above. 232 233 ARTICLE 4. - AGRICULTURAL DISTRICTS 234 235 (a) Principal and conditional uses. The following chart lists those uses permitted 236 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 237 respective agricultural districts shall be permitted as either principal uses indicated by a 238 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 239 shall be prohibited in the respective districts. No uses or structures other than as 240 specified shall be permitted. 241 Use AG-1 AG-2 Home sharing meeting the requirements of section 209.6 P P Short term rental C C Short term rental within the STR Overlay District P P 242 243 (b) Accessory uses and structures. Uses and structures which are customarily 244 accessory and clearly incidental and subordinate to principal uses and structures, 245 including but not limited to, an accessory activity operated for profit in a residential 246 dwelling unit where (i) there is no change in the outside appearance of the building or 247 premises or any visible or audible evidence detectable from outside the building lot, 248 either permanently or intermittently, of the conduct of such business except for one (1) 249 nonilluminated sign not more than one (1) square foot in area mounted flat against the 250 residence; (ii) no traffic is generated, including traffic by commercial delivery vehicles, 251 by such activity in greater volumes than would normally be expected in the 6 252 neighborhood, and any need for parking generated by the conduct of such activity is 253 met off the street and other than in a required front yard; (iii) the activity is conducted on 254 the premises which is the bona fide residence of the principal practitioner, and no 255 person other than members of the immediate family occupying such dwelling units is 256 employed in the activity; (iv) such activity is conducted only in the principal structure on 257 the lot; (v) there are no sales to the general public of products or merchandise from the 258 home, except for agricultural products, or agricultural-related products, incidental to an 259 agricultural operation on which the dwelling unit is located; and (vi) the activity is 260 specifically designed or conducted to permit no more than one (1) patron, customer, or 261 pupil to be present on the premises at any one time. Notwithstanding the provisions of 262 clauses (ii) and (vi) hereof, ministers, marriage commissioners and other persons 263 authorized by law to perform the rites of marriage may permit a maximum of eight (8) 264 persons on the premises at any one time in connection with the performance of such 265 rites, provided that all other requirements of subdivision (b)(2) are met. The following 266 are specifically prohibited as accessory activities: Convalescent or nursing homes, 267 tourist homes, massage or tattoo parlors, body piercing establishments, radio or 268 television repair shops, auto repair shops, or similar establishments. Rental of rooms in 269 a dwelling or the entire dwelling for more than thirty (30) consecutive days is an 270 accessory use to the dwelling. 271 272 273 274 ARTICLE 5. RESIDENTIAL DISTRICTS. 275 276 277 278 Sec. 501. Use regulations. 279 280 (a) Principal and conditional uses. The following chart lists those uses permitted 281 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 282 respective residential districts shall be permitted as either principal uses indicated by a 283 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 284 shall be prohibited in the respective districts. No uses or structures other than as 285 specified shall be permitted. 286 Uses Residential Districts R- R- R- R- R- R- R- R R- R- 40 30 20 15 10 7.5 5D 5R 5S 2.5 7 Home sharing meeting II he requirements of sectiont209.6 P i P P P P P P P P P • Short term rental C C c C l C c C C ' C ' C Short term rental within the STR 1 Overlay District P P I P P P P P ' P P P 287 288 (b) Accessory uses and structures. Uses and structures which are customarily 289 accessory and clearly incidental and subordinate to principal uses and structures and 290 where such accessory structures do not exceed the height of the principal structure and, 291 in all residential zoning districts, except for R-30 and R-40, do not exceed five hundred 292 (500) square feet of floor area or twenty (20) percent of the floor area of the principal 293 structure, whichever is greater. In the R-30 and R-40 residential zoning districts, 294 accessory uses and structures shall not exceed thirty (30) percent of the floor area of 295 the principal structure. Such accessory uses and structures include but are not limited 296 to: 297 298 299 (7) Rental of rooms in a dwelling or the entire dwelling for more than thirty 300 001 consecutive days is an accessory use to the dwelling. 301 302 ARTICLE 6. - APARTMENT DISTRICTS 303 304 305 306 Sec. 601. - Use regulations. 307 308 (a) Principal and conditional uses. The following chart lists those uses permitted 309 within the A-12 through A-36 Apartment Districts. Those uses and structures in the 310 respective apartment districts shall be permitted as either principal uses indicated by a 311 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 312 shall be prohibited in the respective districts. No uses or structures other than as 313 specified shall be permitted. 314 8 - -- Use _ - 1A-12 A 18 !A-24 A-361 Home sharing meeting the requirements of section 209.6 P 1PISI P• P 'i Short term rental C T1 C IC ' Cl Short term rental within the STR Overlay District P P 1 P P 1 _. r.__ II 315 316 (b) Accessory uses and structures. Uses and structures which are customarily 317 accessory and clearly incidental and subordinate to principal uses and structures, 318 including but not limited to: 319 320 321 322 (3� Rental of rooms in a dwelling or the entire dwelling for more than thirty 323 (30) consecutive days is an accessory use to the dwelling. 324 325 326 327 ARTICLE 9. - BUSINESS DISTRICTS 328 329 330 331 Sec. 901. - Use regulations. 332 333 (a) Principal and conditional uses. The following chart lists those uses permitted 334 within the B-1 through B-4K Business Districts. Those uses and structures in the 335 respective business districts shall be permitted as either principal uses indicated by a 336 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 337 shall be prohibited in the respective districts. No uses or structures other than as 338 specified shall be permitted. 339 Use B- B- B- B- B- B- B- 1 1A 2 3 4 4C 4K Home sharing meeting the requirements of section X X XXPP P 209.6 — — — 9 Short term rental IXI X X X C C C • Short term rental within the STR Overlay District X X ' X IX P P P 340 341 (b) Accessory uses and structures. Uses and structures which are customarily 342 accessory and clearly incidental and subordinate to the principal uses and structures, 343 including, but not limited to: 344 345 346 347 (2) Rental of rooms in a dwelling or the entire dwelling for more than thirty 348 (30) consecutive days is an accessory use to the dwelling. 349 350 ARTICLE 11. - PLANNED DEVELOPMENT DISTRICTS 351 352 Sec. 1110. - Land use regulation. 353 354 355 356 (c) Within a PD-H1 District, all of the principal uses and structures permitted within an 357 A-12 Apartment District other than hospitals and sanitariums, together with the 358 following enumerated uses and structures, shall be permitted: 359 360 (1) Fraternity and sorority houses, student dormitories and student centers; 361 362 (2) Housing for seniors and disabled persons, with a conditional use permit; 363 364 (3) Marinas; 365 366 (4) Private clubs or social centers provided that clubs where conduct of commercial 367 affairs is a principal activity shall not be permitted; and 368 369 (5) Residential care for seniors, provided that no more than two (2) employees 370 including a bona fide resident of the dwelling shall be permitted; 371 372 (Q Home sharing meeting the requirements of section 209.6; and 373 374 () Short term rental within the STR Overlay District. 375 376 (d) Within a PD-H1 District, the following uses shall be allowed as conditional uses: 377 378 (1) Communication towers; to 379 380 (2) Family day-care homes; 381 382 (3) Group homes; 383 384 (4) Kennels, residential; 385 386 (5) Religious uses; 387 388 (6) Wind energy conversion systems, free standing and roof-mounted; and 389 390 (7) Home-based wildlife rehabilitation facilities, provided that the principal 391 structure is a single-family dwelling and the lot is greater than two thousand 392 five hundred (2,500) square feet; and 393 394 (8� Short term rental. 395 396 B. - PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT 397 398 . . . 399 400 Sec. 1125. - Allowed uses. 401 402 Within the PD-H2 District, only the following uses and structures shall be permitted: 403 404 (a) Principal uses and structures. 405 406 (1) Dwelling units of the types specified in the land use plan; 407 408 (2) Public buildings, structures, and other public uses; 409 410 (3) Recreational facilities of the type described in the plan; 411 412 (4) Child care education centers, in connection with public or private 413 elementary schools or churches, provided that such uses shall not be 414 eligible for residential density credit; 415 416 (5) Day-care centers, provided that such uses shall not be eligible for 417 residential density credit; 418 419 (6) Public utilities installations and substations; provided offices or storage or 420 maintenance facilities shall not be permitted; and provided, further, that 421 utilities substations, other than individual transformers, shall be surrounded 422 by a wall, solid except for entrances and exits, or by a fence with a 423 screening hedge five (5) to six (6) feet in height; and provided also, 424 transformer vaults for underground utilities and like uses shall require only 425 a landscaped screening hedge, solid except for access opening.-; 11 426 427 [1.1 Home sharing meeting the requirements of section 209.6; and 428 429 18) Short term rental within the STR Overlay District. 430 431 (b) Accessory uses. Uses which are customarily accessory and clearly incidental and 432 subordinate to the principal uses shall be allowed as accessory uses. Rental of rooms in 433 a dwelling or the entire dwelling for more than thirty (30) consecutive days is an 434 accessory use to the dwelling. 435 436 (c) Conditional uses. 437 438 (1) Religious uses, provided that such use shall not be eligible for residential 439 density credit; 440 441 (2) Family day-care homes; foster homes and group homes, provided that such 442 uses shall not be eligible for residential density credit; 443 444 (3) Home occupations; 445 446 (4) Housing for seniors and disabled persons,. and 447 448 15j Short term rental. 449 450 451 452 C. RT-3 RESORT TOURIST DISTRICT 453 454 455 456 Sec. 1521. Use regulations. 457 458 (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District 459 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a 460 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 461 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, 462 buildings within the RT-3 District may include any principal or conditional uses in 463 combination with any other principal or conditional use. No uses or structures other than 464 those specified shall be permitted. All uses, whether principal or conditional, should to 465 the greatest extent possible adhere to the provisions of the Special Area Design 466 Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive 467 Plan. Use RT-3 12 Home sharing meeting the requirements of section 209.6 P Shortterm rental C 'I Short term rental within the STR Overlay District P 468 469 (b) Accessory uses and structures : Uses and structures which are customarily 470 accessory and clearly incidental and subordinate to the principal uses and structures; 471 provided, however, that drive-through facilities shall not be permitted as an accessory 472 use: 473 474 475 476 (2) Rental of rooms in a dwelling or the entire dwelling for more than 30 477 consecutive days is an accessory use to the dwelling. 478 479 ARTICLE 22. - CENTRAL BUSINESS CORE DISTRICT 480 481 482 483 B. - DEVELOPMENT REGULATIONS 484 485 486 487 Sec. 2203. - Use regulations. 488 489 (a) The following chart lists those uses permitted within the Central Business Core 490 District. Uses and structures shall be allowed either as principal uses, indicated by a 491 "P", or as conditional uses, indicated by a "C." Uses and structures indicated by an "X" 492 shall be prohibited, unless allowed by special exception for Alternative Compliance 493 pursuant to Section 2205. No uses or structures other than as specified herein or as 494 allowed pursuant to subsection (b) shall be permitted. 495 Use District CBC Home sharing meeting the requirements of section 209.6 P 13 Short term rental ' C Short term rental within the STR Zoning District P I 496 497 (b) If a proposed use is not expressly permitted pursuant to subsection (a), but is 498 similar to a listed use, the Zoning Administrator may categorize the proposed use as a 499 use permitted by this section, either as a principal or conditional use. In determining 500 whether a proposed use is similar to a listed use, the Zoning Administrator shall 501 consider (1) the actual or projected characteristics of the proposed use in comparison 502 to those of the most similar listed use; and (2) the categorization of the proposed use 503 in the Standard Land Use Coding Manual (First Edition January 1965). Rental of 504 rooms in a dwelling or the entire dwelling for more than thirty (30) consecutive days is 505 an accessory use to the dwelling. 506 507 APPENDIX 1. - OCEANFRONT RESORT DISTRICT FORM-BASED CODE 508 509 . . . . 510 511 Sec. 5.2. Permitted Use Table. 512 MIXED-USE COMMERCIAL APARTMENT ROW DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE HOUSE BUILDING Ground Upper Ground All Ground Upper Use Standard USE 9oor Floors Floor Floors Floor Floors All Floors All Floors /Notes LODGING Home sharing = L - = L L L = See Sec.209.6 meeting the requirements of section 209.6 Short term rental = C = — C C C = See Sec.241.2 Short term rental = L = L. — L L L See Sec.241.2 within the STR Overlay District 513 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017. 14 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I. Li anning epartment City Attorney's Office CA14135 R-10 November 2, 2017 15 1 ALTERNATIVE 2 2 3 AN ORDINANCE TO AMEND SECTIONS 111, 401, 501, 4 601, 901, 1110, 1125, 1521 AND 2203 OF THE CITY 5 ZONING ORDINANCE AND SECTION 5.2 OF THE 6 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 7 AND ADD SECTIONS 209.6 AND 241.2 OF THE CITY 8 ZONING ORDINANCE PERTAINING TO THE DEFINITION, 9 REQUIREMENTS AND USE OF HOME SHARING AND 10 SHORT TERM RENTALS 11 12 Sections Amended: City Zoning Ordinance Sections 111, 13 401, 501, 601, 901, 1110, 1125, 1521, and 2203 and 14 Oceanfront Resort District Form-Based Code Section 5.2 15 16 Sections Added: City Zoning Ordinance Sections 209.6 and 17 241.2 • 18 19 WHEREAS, the public necessity, convenience, general welfare and good zoning 20 practice so require; 21 22 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 23 BEACH, VIRGINIA: 24 25 That Sections 111, 401, 501, 601, 901, 1110, 1125, 1521, and 2203 of the City 26 Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code 27 are hereby amended and reordained, and Sections 209.6 and 241.2 of the City Zoning 28 Ordinance are hereby added and ordained, to read as follows: 29 30 Sec. 111. Definitions. 31 32 33 34 Home sharing. A dwelling in which a room or rooms are offered for rental for 35 compensation for a period of thirty (30) consecutive days or less by an owner who 36 utilizes the dwelling as his principal residence and occupies the dwelling during any 37 such rental. 38 39 40 41 Hotel and motel. A building or group of attached or detached buildings containing 42 dwelling or lodging units in which fifty (50) percent or more of the units are lodging units, 43 and for which compensation is exchanged for short-term occupancy of the dwelling or 44 lodging units. A hotel shall include a lobby, clerk's desk or counter and facilities for 45 registration and keeping of records relating to hotel guests. This torn' cc inclu__ 46 metals, 47 48 49 50 Principal residence. Principal residence shall be the location where a person 51 lives fifty(50) percent or more of the time. 52 53 54 55 Short term rental. A dwelling that does not meet the definition of home sharing in 56 which a room or rooms, or the entire dwelling are rented for thirty (30) consecutive days 57 or less for compensation. 58 59 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 60 ALL DISTRICTS 61 62 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 63 PARKING, OFF-STREET LOADING, AND CERTAIN USES 64 65 66 67 Sec. 209.6. Home sharing. 68 69 1. All parking must be provided on the property in which the home sharing is 70 located: 71 72 2. No noise shall be created in excess of what is normally expected in a 73 residential neighborhood• 74 75 3. No additional traffic shall be created in excess of what is normally expected 76 in a residential neighborhood• 77 78 4. The owner must provide contact information sufficient to allow the city to 79 communicate with the owner occupying the dwelling at all times during the 80 rental period 81 82 5. To the extent permitted by state law, each dwelling offered as a home share 83 must maintain registration with the Commissioner of Revenue's office and 84 pay all applicable taxes. Adiudicated violations of three (3) applicable 85 federal, state or local laws or regulations may result in the revocation of said 86 registration: 87 88 6. There shall be posted in a conspicuous place within the dwelling the 89 complete text of City Code Sections 23-69 through 23-71 (noise), 31-26, 31- 2 90 27 and 31-28 (solid waste collection), 12-5 (fires on the beach) and 12-43.2 91 (fireworks). 92 93 7. All refuse shall be placed in automated refuse receptacles, where provided 94 and comply with the requirements of City Code Sections 31-26, 31-27 and 95 31-28' 96 97 8. There shall be no more than one (1) rental contract during any consecutive 98 seven (7) day period' 99 100 a The owner shall provide proof of liability insurance applicable to the rental 101 activity of at least one million dollars ($1,000,000.00) underwritten by 102 insurers acceptable to the city. 103 104 10. All emergency exits in the structure shall be clearly marked; and 105 106 11.The City may inspect the property at any reasonable time, after notice, to 107 verify compliance with the provisions listed above. 108 109 C. CONDITIONAL USES AND STRUCTURES 110 111 112 113 Sec. 241.2 Short term rental. 114 115 1. All parking must be provided on the property in which the short term rental is 116 located: 117 118 2. No noise shall be created in excess of what is normally expected in a 119 residential neighborhood• 120 121 3. No additional traffic shall be created in excess of what is normally expected 122 in a residential neighborhood' 123 124 4. No events with more than fifty (50) people present, shall be held absent a 125 special events permit. Events with more than fifty (50) people are limited to 126 no more than three (3) events in a calendar year. No more than one 127 hundred (100) people shall be present at any event held on the property. 128 129 5. The owner or the owner's agent must be identified and able to be present 130 on site within thirty (30) minutes of being contacted at all times during the 131 rental period' 3 132 133 6. No signage shall be on site, except that each short term rental is allowed 134 one (1), one-foot by one-foot sign, posted on the building, that identifies the 135 short term rental. 136 137 7. To the extent permitted by state law, each short term rental must maintain 138 registration with the Commissioner of Revenue's office and pay all 139 applicable taxes. Adiudicated violations of three (3) applicable local, state 140 or federal laws or regulations may result in the revocation of said 141 registration- 142 143 8. There shall be posted in a conspicuous place within the dwelling the 144 complete text of City Code Sections 23-69 through 23-71 (noise), 31-26, 31- 145 27 and 31-28 (solid waste collection), 12-5 (fires on the beach) and 12-43.2 146 (fireworks). 147 148 9. All refuse shall be placed in automated refuse receptacles, where provided 149 and comply with the requirements of City Code Sections 31-26, 31-27 and 150 3128. 151 152 10.There shall be no more than one (1) rental contract during any consecutive 153 seven (7) day period. 154 155 11.The owner shall provide proof of liability insurance applicable to the rental 156 activity of at least one million dollars ($1,000,000.00) underwritten by 157 insurers acceptable to the city- 158 159 12.The maximum number of persons on the property after 11:00 p.m. and 160 before 7:00 a.m. shall be two (2) individuals per bedroom plus four (4) 161 additional persons. 162 163 13.Any short term rental that has paid transient occupancy taxes to the 164 Commissioner of the Revenue prior to January 1, 2017 shall be considered 165 qrandfathered and shall not be required to obtain a Conditional Use Permit 166 where otherwise required, but must meet the conditions of section 241.2. 167 Any expansion of the footprint of the dwelling housing the short term rental 168 shall repeal the qrandfathered status of the short term rental and require a 169 conditional use permit for such use 170 171 14.AII emergency exits in the structure shall be clearly marked; and 172 173 15.The City may inspect the property at any reasonable time, after notice, to 174 verify compliance with the provisions listed above. 4 175 176 ARTICLE 4. - AGRICULTURAL DISTRICTS 177 178 (a) Principal and conditional uses. The following chart lists those uses permitted 179 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 180 respective agricultural districts shall be permitted as either principal uses indicated by a 181 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 182 shall be prohibited in the respective districts. No uses or structures other than as 183 specified shall be permitted. 184 __- Use AG-1 AG-2 Home sharing meeting the requirements of section 209.6 P P Short term rental C C 185 186 (b) Accessory uses and structures. Uses and structures which are customarily 187 accessory and clearly incidental and subordinate to principal uses and structures, 188 including but not limited to, an accessory activity operated for profit in a residential 189 dwelling unit where (i) there is no change in the outside appearance of the building or 190 premises or any visible or audible evidence detectable from outside the building lot, 191 either permanently or intermittently, of the conduct of such business except for one (1) 192 nonilluminated sign not more than one (1) square foot in area mounted flat against the 193 residence; (H) no traffic is generated, including traffic by commercial delivery vehicles, 194 by such activity in greater volumes than would normally be expected in the 195 neighborhood, and any need for parking generated by the conduct of such activity is 196 met off the street and other than in a required front yard; (Hi) the activity is conducted on 197 the premises which is the bona fide residence of the principal practitioner, and no 198 person other than members of the immediate family occupying such dwelling units is 199 employed in the activity; (iv) such activity is conducted only in the principal structure on 200 the lot; (v) there are no sales to the general public of products or merchandise from the 201 home, except for agricultural products, or agricultural-related products, incidental to an 202 agricultural operation on which the dwelling unit is located; and (vi) the activity is 203 specifically designed or conducted to permit no more than one (1) patron, customer, or 204 pupil to be present on the premises at any one time. Notwithstanding the provisions of 205 clauses (ii) and (vi) hereof, ministers, marriage commissioners and other persons 206 authorized by law to perform the rites of marriage may permit a maximum of eight (8) 207 persons on the premises at any one time in connection with the performance of such 208 rites, provided that all other requirements of subdivision (b)(2) are met. The following 5 209 are specifically prohibited as accessory activities: Convalescent or nursing homes, 210 tourist homes, massage or tattoo parlors, body piercing establishments, radio or 211 television repair shops, auto repair shops, or similar establishments. Rental of rooms in 212 a dwelling or the entire dwelling for more than thirty (30) consecutive days is an 213 accessory use to the dwelling. 214 215 216 217 ARTICLE 5. RESIDENTIAL DISTRICTS. 218 219 220 221 Sec. 501. Use regulations. 222 223 (a) Principal and conditional uses. The following chart lists those uses permitted 224 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 225 respective residential districts shall be permitted as either principal uses indicated by a 226 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 227 shall be prohibited in the respective districts. No uses or structures other than as 228 specified shall be permitted. 229 Uses Residential Districts R R- R- R- R- R- R- R- 1 R R- 40 30 20 15 10 7.5 5D ; 5R 5S 1 2 5 Home sharing meeting the P P P P PP P P P P requirements of section 209.6 — — — Short term rental CCCCCC C CC C 230 231 (b) Accessory uses and structures. Uses and structures which are customarily 232 accessory and clearly incidental and subordinate to principal uses and structures and 233 where such accessory structures do not exceed the height of the principal structure and, 234 in all residential zoning districts, except for R-30 and R-40, do not exceed five hundred 6 235 (500) square feet of floor area or twenty (20) percent of the floor area of the principal 236 structure, whichever is greater. In the R-30 and R-40 residential zoning districts, 237 accessory uses and structures shall not exceed thirty (30) percent of the floor area of 238 the principal structure. Such accessory uses and structures include but are not limited 239 to: 240 241 242 (7) Rental of rooms in a dwelling or the entire dwelling for more than thirty 243 (30) consecutive days is an accessory use to the dwelling. 244 245 ARTICLE 6. - APARTMENT DISTRICTS 246 247 248 249 Sec. 601. - Use regulations. 250 251 (a) Principal and conditional uses. The following chart lists those uses permitted 252 within the A-12 through A-36 Apartment Districts. Those uses and structures in the 253 respective apartment districts shall be permitted as either principal uses indicated by a 254 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 255 shall be prohibited in the respective districts. No uses or structures other than as 256 specified shall be permitted. 257 Use A-12 A-18 A-24 A-36 Home sharing meeting the requirements of section 209.6 C C C C Short term rental C C C C . 258 259 (b) Accessory uses and structures. Uses and structures which are customarily 260 accessory and clearly incidental and subordinate to principal uses and structures, 261 including but not limited to: 262 263 . . . . 264 265 (.3 Rental of rooms in a dwelling or the entire dwelling for more than thirty 266 (30) consecutive days is an accessory use to the dwelling. 267 268 7 269 270 ARTICLE 9. - BUSINESS DISTRICTS 271 272 273 274 Sec. 901. - Use regulations. 275 276 (a) Principal and conditional uses. The following chart lists those uses permitted 277 within the B-1 through B-4K Business Districts. Those uses and structures in the 278 respective business districts shall be permitted as either principal uses indicated by a 279 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 280 shall be prohibited in the respective districts. No uses or structures other than as 281 specified shall be permitted. 282 Use B- B- B- B- B- B- B- 1 11A 2 3 4 4C 4K Home sharing meeting the requirements of section X X X X P P P 209.6 — — Short term rental X X I X i X C C ! C ! 283 284 (b) Accessory uses and structures. Uses and structures which are customarily 285 accessory and clearly incidental and subordinate to the principal uses and structures, 286 including, but not limited to: 287 288 289 290 (2g Rental of rooms in a dwelling or the entire dwelling for more than thirty 291 (30) consecutive days is an accessory use to the dwelling. 292 293 ARTICLE 11. - PLANNED DEVELOPMENT DISTRICTS 294 295 Sec. 1110. - Land use regulation. 296 297 298 299 (c) Within a PD-H1 District, all of the principal uses and structures permitted within an 300 A-12 Apartment District other than hospitals and sanitariums, together with the 301 following enumerated uses and structures, shall be permitted: 8 302 303 (1) Fraternity and sorority houses, student dormitories and student centers; 304 305 (2) Housing for seniors and disabled persons, with a conditional use permit; 306 307 (3) Marinas; 308 309 (4) Private clubs or social centers provided that clubs where conduct of commercial 310 affairs is a principal activity shall not be permitted; and 311 312 (5) Residential care for seniors, provided that no more than two (2) employees 313 including a bona fide resident of the dwelling shall be permitted,. and 314 315 () Home sharing meeting the requirements of section 209.6. 316 317 (d) Within a PD-H1 District, the following uses shall be allowed as conditional uses: 318 319 (1) Communication towers; 320 321 (2) Family day-care homes; 322 323 (3) Group homes; 324 325 (4) Kennels, residential; 326 327 (5) Religious uses; 328 329 (6) Wind energy conversion systems, free standing and roof-mounted; aad 330 331 (7) Home-based wildlife rehabilitation facilities, provided that the principal 332 structure is a single-family dwelling and the lot is greater than two thousand 333 five hundred (2,500) square feet- and 334 335 () Short term rental. 336 337 B. - PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT 338 339 340 341 Sec. 1125. - Allowed uses. 342 343 Within the PD-H2 District, only the following uses and structures shall be permitted: 344 345 (a) Principal uses and structures. 346 347 (1) Dwelling units of the types specified in the land use plan; 348 9 349 (2) Public buildings, structures, and other public uses; 350 351 (3) Recreational facilities of the type described in the plan; 352 353 (4) Child care education centers, in connection with public or private 354 elementary schools or churches, provided that such uses shall not be 355 eligible for residential density credit; 356 357 (5) Day-care centers, provided that such uses shall not be eligible for 358 residential density credit; 359 360 (6) Public utilities installations and substations; provided offices or storage or 361 maintenance facilities shall not be permitted; and provided, further, that 362 utilities substations, other than individual transformers, shall be surrounded 363 by a wall, solid except for entrances and exists, or by a fence with a 364 screening hedge five (5) to six (6) feet in height; and provided also, 365 transformer vaults for underground utilities and like uses shall require only 366 a landscaped screening hedge, solid except for access opening; and 367 368 Home sharing meeting the requirements of section 209.6. 369 370 (b) Accessory uses. Uses which are customarily accessory and clearly incidental and 371 subordinate to the principal uses shall be allowed as accessory uses. Rental of rooms in 372 a dwelling or the entire dwelling for more than 30 consecutive days is an accessory use 373 to the dwelling. 374 375 (c) Conditional uses. 376 377 (1) Religious uses, provided that such use shall not be eligible for residential 378 density credit; 379 380 (2) Family day-care homes; foster homes and group homes, provided that such 381 uses shall not be eligible for residential density credit; 382 383 (3) Home occupations 384 385 (4) Housing for seniors and disabled persons,; and 386 387 (5) Short term rental. 388 389 390 391 C. RT-3 RESORT TOURIST DISTRICT 392 393 . . . . 394 395 Sec. 1521. Use regulations. to 396 397 (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District 398 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a 399 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 400 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, 401 buildings within the RT-3 District may include any principal or conditional uses in 402 combination with any other principal or conditional use. No uses or structures other than 403 those specified shall be permitted. All uses, whether principal or conditional, should to 404 the greatest extent possible adhere to the provisions of the Special Area Design 405 Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive 406 Plan. 407 Use RT-3 Home sharing meeting the requirements of section 209.6 P Short term rental C 408409 (b) Accessory uses and structures : Uses and structures which are customarily 410 accessory and clearly incidental and subordinate to the principal uses and structures; 411 provided, however, that drive-through facilities shall not be permitted as an accessory 412 use: 413 414 415 (2) Rental of rooms in a dwelling or the entire dwelling for more than thirty 416 (30) consecutive days is an accessory use to the dwelling. 417 418 ARTICLE 22. - CENTRAL BUSINESS CORE DISTRICT 419 420 . . . . 421 422 B. - DEVELOPMENT REGULATIONS 423 424 425 426 Sec. 2203. - Use regulations. 427 428 (a) The following chart lists those uses permitted within the Central Business Core 429 District. Uses and structures shall be allowed either as principal uses, indicated by a 11 430 "P", or as conditional uses, indicated by a "C." Uses and structures indicated by an "X" 431 shall be prohibited, unless allowed by special exception for Alternative Compliance 432 pursuant to Section 2205. No uses or structures other than as specified herein or as 433 allowed pursuant to subsection (b) shall be permitted. 434 Use I District CBC Home sharing meeting the requirements of section 209.6 P Short term rental C ' 435 -. 436 (b) If a proposed use is not expressly permitted pursuant to subsection (a), but is 437 similar to a listed use, the Zoning Administrator may categorize the proposed use as a 438 use permitted by this section, either as a principal or conditional use. In determining 439 whether a proposed use is similar to a listed use, the Zoning Administrator shall 440 consider (1) the actual or projected characteristics of the proposed use in comparison 441 to those of the most similar listed use; and (2) the categorization of the proposed use 442 in the Standard Land Use Coding Manual (First Edition January 1965). Rental of 443 rooms in a dwelling or the entire dwelling for more than thirty (30) consecutive days is 444 an accessory use to the dwelling. 445 446 APPENDIX 1. - OCEANFRONT RESORT DISTRICT FORM-BASED CODE 447 448 Sec. 5.2. Permitted Use Table. 449 MIXED-USE COMMERCIAL APARTMENT ROW DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE HOUSE BUILDING Ggund Upper Ground All Floors Ground Upper All Floors All Floors Use Standard USE Floor Floors Floor Floor Floors /Notes LODGING Home sharing _ L - = L L L See Sec.209.5 meeting the requirements of section 209 6 meeting the requirements of section 209 6 Short term rental = C C C C See Sec.241.2 12 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: Planning epartment City Attorney's Office CA14135 R-10 November 2, 2017 13 1 ALTERNATIVE 3 2 3 AN ORDINANCE TO AMEND SECTIONS 111, 401, 501, 4 601, 901, 1110, 1125, 1521 AND 2203 OF THE CITY 5 ZONING ORDINANCE AND SECTION 5.2 OF THE 6 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 7 AND ADD SECTION 209.6 OF THE CITY ZONING 8 ORDINANCE PERTAINING TO THE DEFINITION, 9 REQUIREMENTS AND USE OF HOME OCCUPATION- 10 SHORT TERM RENTAL 11 12 Sections Amended: City Zoning Ordinance Sections 111, 13 401, 501, 601, 901, 1110, 1125 and 1521 and Oceanfront 14 Resort District Form-Based Code Section 5.2 15 16 Sections Added: City Zoning Ordinance Section 209.6 17 18 WHEREAS, the public necessity, convenience, general welfare and good zoning 19 practice so require; 20 21 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 22 BEACH, VIRGINIA: 23 24 That Sections 111, 401, 501, 601, 901, 1110, 1125 and 1521 of the City Zoning 25 Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based Code are 26 hereby amended and reordained, and Section 209.6 of the City Zoning Ordinance is 27 hereby added and ordained, to read as follows: 28 29 ARTICLE 1. GENERAL PROVISIONS 30 31 32 33 Sec. 111. Definitions. 34 35 . . . . 36 37 Home occupation. The conduct of a business in a residential dwelling unit 38 where all of the following characteristics are present: 39 40 (a) The use of the dwelling unit for the business is clearly incidental and 41 subordinate to its use for residential purposes by its occupants. 42 43 (b) There is no change in the outside appearance of the building or premises or 44 any visible or audible evidence detectable from outside the building lot, 45 either permanently or intermittently, of the conduct of such business except 46 for an identification sign regulated by this ordinance. 47 48 (c) The home occupation is conducted on the premises which is the bona fide 49 residence of the principal practitioner, and no more than one (1) person 50 other than a member of the immediate family occupying such dwelling unit 51 is employed in the business. 52 53 (d) There are no sales to the general public of products or merchandise from 54 the home. 55 56 (e) The use does not qualify as an accessory use as defined by this ordinance. 57 58 59 60 Short term rental. A dwelling in which a room or rooms or the entire dwelling are 61 rented for thirty (30) consecutive days or less for monetary compensation, and which is 62 a home occupation in any dwelling unit. 63 64 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 65 ALL DISTRICTS 66 67 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 68 PARKING, OFF-STREET LOADING, AND CERTAIN USES 69 70 71 72 Sec. 209.6. Home occupation-short term rental. 73 74 1. All parking must be provided on the property in which the home occupation- 75 short term rental is located 76 77 2. No noise shall be created in excess of what is normally expected in a 78 residential neighborhood• 79 80 3. No additional traffic shall be created in excess of what is normally expected 81 in a residential neighborhood• 82 83 4. No events with more than fifty (50) people present, shall be held absent a 84 special events permit. Events with more than fifty (50) people are limited to 85 no more than three (3) events in a calendar year. No more than one 86 hundred (100) people shall be present at any event held on the property 87 88 5. The owner or the owner's agent must be identified and able to be present 89 on the site within thirty (30) minutes of being contacted 90 2 91 6. No signage shall be on site, except that each short term rental-home 92 occupation is allowed one (1), one-foot by one-foot sign, posted on the 93 building, that identifies the short term rental-home occupation- 94 95 7. To the extent permitted by state law, each dwelling offered as a short term 96 rental-home occupation must maintain registration with the Commissioner 97 of Revenue's office and pay all applicable taxes. Adjudicated violations of 98 three (3) applicable local, state or federal laws or regulations may result in 99 the revocation of said registration- 100 101 8. There shall be posted in a conspicuous place within the dwelling the 102 complete text of City Code Sections 23-69 through 23-71 (noise), 31-26, 31- 103 27 and 31-28 (solid waste collection), 12-5 (fires on the beach) and 12-43.2 104 ffireworks)- 105 106 9. All refuse shall be placed in automated refuse receptacles, where provided 107 and comply with the requirements of City Code Sections 31-26, 31-27 and 108 31-28- 109 110 10. There shall be no more than one (1) rental contract during any seven (7) 111 day period 112 113 11. The owner shall provide proof of liability insurance applicable to the rental 114 activity of at least one million dollars ($1,000,000.00) underwritten by 115 insurers acceptable to the city. 116 117 12. The maximum number of persons on the property after 11:00 p.m. and 118 before 7:00 a.m. shall be two (2) individuals per bedroom plus four (4) 119 additional persons 120 121 13. All emergency exits in the structure shall be clearly marked; and 122 123 14. The City may inspect the property at any reasonable time, after notice, to 124 verify compliance with the provisions listed above. 125 126 127 128 ARTICLE 4. - AGRICULTURAL DISTRICTS 129 130 (a) Principal and conditional uses. The following chart lists those uses permitted 131 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 132 respective agricultural districts shall be permitted as either principal uses indicated by a 133 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 3 134 shall be prohibited in the respective districts. No uses or structures other than as 135 specified shall be permitted. 136 Use AG- AG- I 1 2 Home occupations, including those conducted outside the principal C C structures Home occupation-short term rental meeting the requirements of section P P 209.6 — — 137 138 (b) Accessory uses and structures. Uses and structures which are customarily 139 accessory and clearly incidental and subordinate to principal uses and structures, 140 including but not limited to, an accessory activity operated for profit in a residential 141 dwelling unit where (i) there is no change in the outside appearance of the building or 142 premises or any visible or audible evidence detectable from outside the building lot, 143 either permanently or intermittently, of the conduct of such business except for one (1) 144 nonilluminated sign not more than one (1) square foot in area mounted flat against the 145 residence; (ii) no traffic is generated, including traffic by commercial delivery vehicles, 146 by such activity in greater volumes than would normally be expected in the 147 neighborhood, and any need for parking generated by the conduct of such activity is 148 met off the street and other than in a required front yard; (iii) the activity is conducted on 149 the premises which is the bona fide residence of the principal practitioner, and no 150 person other than members of the immediate family occupying such dwelling units is 151 employed in the activity; (iv) such activity is conducted only in the principal structure on 152 the lot; (v) there are no sales to the general public of products or merchandise from the 153 home, except for agricultural products, or agricultural-related products, incidental to an 154 agricultural operation on which the dwelling unit is located; and (vi) the activity is 155 specifically designed or conducted to permit no more than one (1) patron, customer, or 156 pupil to be present on the premises at any one time. Notwithstanding the provisions of 157 clauses (ii) and (vi) hereof, ministers, marriage commissioners and other persons 158 authorized by law to perform the rites of marriage may permit a maximum of eight (8) 159 persons on the premises at any one time in connection with the performance of such 160 rites, provided that all other requirements of subdivision (b)(2) are met. The following 161 are specifically prohibited as accessory activities: Convalescent or nursing homes, 162 tourist homes, massage or tattoo parlors, body piercing establishments, radio or 163 television repair shops, auto repair shops, or similar establishments. Rental of rooms in 164 a dwelling or the entire dwelling for more than thirty (30) consecutive days in an 165 accessory use. 166 4 167 (b.1) Home occupation-short term rental. A use that meets the requirements of 168 Section 209.6. 169 170 171 172 ARTICLE 5. RESIDENTIAL DISTRICTS. 173 174 175 176 Sec. 501. Use regulations. 177 178 (a) Principal and conditional uses. The following chart lists those uses permitted 179 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 180 respective residential districts shall be permitted as either principal uses indicated by a 181 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 182 shall be prohibited in the respective districts. No uses or structures other than as 183 specified shall be permitted. 184 Uses Residential Districts R- R- R- R- R- R- R- R- R- R- 40 30 20 15 10 7.5 5D 5R 5S 2.5 Home occupation CC C C C C CCCC Home occupation-short term rental meeting the requirements of section PPPPPP PPPP 209.6 185 186 (b) Accessory uses and structures. Uses and structures which are customarily 187 accessory and clearly incidental and subordinate to principal uses and structures and 188 where such accessory structures do not exceed the height of the principal structure and, 189 in all residential zoning districts, except for R-30 and R-40, do not exceed five hundred 190 (500) square feet of floor area or twenty (20) percent of the floor area of the principal 191 structure, whichever is greater. In the R-30 and R-40 residential zoning districts, 192 accessory uses and structures shall not exceed thirty (30) percent of the floor area of 193 the principal structure. Such accessory uses and structures include but are not limited 194 to: 5 195 196 197 f7) Rental of rooms in a dwelling or the entire dwelling for more than thirty 198 f30) consecutive days is an accessory use. 199 200 fb.1) Home occupation-short term rental. A use that meets the requirements of 201 Section 209.6. 202 203 ARTICLE 6. - APARTMENT DISTRICTS 204 205 206 207 Sec. 601. - Use regulations. 208 209 (a) Principal and conditional uses. The following chart lists those uses permitted 210 within the A-12 through A-36 Apartment Districts. Those uses and structures in the 211 respective apartment districts shall be permitted as either principal uses indicated by a 212 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 213 shall be prohibited in the respective districts. No uses or structures other than as 214 specified shall be permitted. 215 Use A- A- A- A- 12 18 24 36 Home occupation C C C C Home occupation-short term rental meeting the requirements of P P P P section 209.6 — — 216 217 (b) Accessory uses and structures. Uses and structures which are customarily 218 accessory and clearly incidental and subordinate to principal uses and structures, 219 including but not limited to: 220 221 222 223 (3) Rental of rooms in a dwelling or the entire dwelling for more than thirty 224 DO) consecutive days is an accessory use. 225 226 (b.1) Home occupation-short term rental. A use that meets the requirements of 227 Section 209.6. 228 6 229 230 231 ARTICLE 9. - BUSINESS DISTRICTS 232 233 234 235 Sec. 901. - Use regulations. 236 237 (a) Principal and conditional uses. The following chart lists those uses permitted 238 within the B-1 through B-4K Business Districts. Those uses and structures in the 239 respective business districts shall be permitted as either principal uses indicated by a 240 "P" or as conditional uses indicated by a "C" Uses and structures indicated by an "X" 241 shall be prohibited in the respective districts. No uses or structures other than as 242 specified shall be permitted. 243 Use B- B- B- B B- ' B- B- 1 1A 2 3 4 4C 4K Home occupations X X X X , C C C Home occupation-short term rental meeting the requirements of section 209.6 244 245 (b) Accessory uses and structures. Uses and structures which are customarily 246 accessory and clearly incidental and subordinate to the principal uses and structures, 247 including, but not limited to: 248 249 250 251 a) Rental of rooms in a dwelling or the entire dwelling for more than thirty 252 (30) consecutive days is an accessory use. 253 254 (b.1) Home occupation-short term rental. A use that meets the requirements of 255 Section 209.6. 256 257 B. - PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT 258 259 260 261 Sec. 1125. - Allowed uses. 262 7 263 Within the PD-H2 District, only the following uses and structures shall be permitted: 264 265 (a) Principal uses and structures. 266 267 (1) Dwelling units of the types specified in the land use plan; 268 269 (2) Public buildings, structures, and other public uses; 270 271 (3) Recreational facilities of the type described in the plan; 272 273 (4) Child care education centers, in connection with public or private 274 elementary schools or churches, provided that such uses shall not be 275 eligible for residential density credit; 276 277 (5) Day-care centers, provided that such uses shall not be eligible for 278 residential density credit; 279 280 (6) Public utilities installations and substations; provided offices or storage or 281 maintenance facilities shall not be permitted; and provided, further, that 282 utilities substations, other than individual transformers, shall be surrounded 283 by a wall, solid except for entrances and exists, or by a fence with a 284 screening hedge five (5) to six (6) feet in height; and provided also, 285 transformer vaults for underground utilities and like uses shall require only 286 a landscaped screening hedge, solid except for access opening,. and 287 288 (7) Home occupation-short term rental meeting the requirements of section 289 209.6. 290 291 (b) Accessory uses. Uses which are customarily accessory and clearly incidental and 292 subordinate to the principal uses shall be allowed as accessory uses. Rental of rooms in 293 a dwelling or the entire dwelling for more than thirty (30) consecutive days is an 294 accessory use. 295 296 297 298 C. RT-3 RESORT TOURIST DISTRICT 299 300 301 302 Sec. 1521. Use regulations. 303 304 (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District 305 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a 306 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 307 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, 308 buildings within the RT-3 District may include any principal or conditional uses in 8 309 combination with any other principal or conditional use. No uses or structures other than 310 those specified shall be permitted. All uses, whether principal or conditional, should to 311 the greatest extent possible adhere to the provisions of the Special Area Design 312 Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive 313 Plan. Use RT-3 Home occupations C Home occupations-short term rental meeting the requirements of section 209.6 P 314 315 (b) Accessory uses and structures : Uses and structures which are customarily 316 accessory and clearly incidental and subordinate to the principal uses and structures; 317 provided, however, that drive-through facilities shall not be permitted as an accessory 318 use: 319 320 321 322 (2) Rental of rooms in a dwelling or the entire dwelling for more than thirty 323 (30) consecutive days is an accessory use. 324 325 (b.1) Home occupation-shod term rental. A use that meets the requirements of 326 Section 209.6. 327 328 ARTICLE 22. - CENTRAL BUSINESS CORE DISTRICT 329 330 331 332 B. - DEVELOPMENT REGULATIONS 333 334 335 336 Sec. 2203. - Use regulations. 337 338 (a) The following chart lists those uses permitted within the Central Business Core 339 District. Uses and structures shall be allowed either as principal uses, indicated by a 340 "P", or as conditional uses, indicated by a "C." Uses and structures indicated by an "X" 341 shall be prohibited, unless allowed by special exception for Alternative Compliance 342 pursuant to Section 2205. No uses or structures other than as specified herein or as 343 allowed pursuant to subsection (b) shall be permitted. 9 344 District Use CBC Home occupations C Home occupations-short term rental meeting the requirements of section P 209.6 345 346 (b) If a proposed use is not expressly permitted pursuant to subsection (a), but is 347 similar to a listed use, the Zoning Administrator may categorize the proposed use as a 348 use permitted by this section, either as a principal or conditional use. In determining 349 whether a proposed use is similar to a listed use, the Zoning Administrator shall 350 consider (1) the actual or projected characteristics of the proposed use in comparison 351 to those of the most similar listed use; and (2) the categorization of the proposed use 352 in the Standard Land Use Coding Manual (First Edition January 1965). 353 354 (b.1) Rental of rooms in a dwelling or the entire dwelling for more than thirty (30) 355 consecutive days is an accessory use. 356 357 (b.2) Home occupation-short term rental. A use that shall meet the requirements of 358 Section 209.6. 359 360 APPENDIX 1. - OCEANFRONT RESORT DISTRICT FORM-BASED CODE 361 362 363 364 Sec. 5.2. Permitted Use Table. 365 MIXED-USE COMMERCIAL APARTMENT ROW HOUSE DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE BUILDING Ground Upper Ground Floor All Floors Ground Upper Use Standard USE Floor Floors Floor Floors All Floors All Floors /Notes LODGING Home Occupation -- L — L L L L -- See Sec.234 Home Occupation- = L = = See Sec.209.6 short term rental meetina the requirements of section 209.6 10 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: l Planning IIepartment City Attorney's Office CA14135 R-9 November 2, 2017 11 l�� M�lfr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Referring to Planning Commission City Zoning Ordinance Amendments Pertaining to Major Retail Venues MEETING DATE: November 7, 2017 • Background: This amendment will create and define a "major retail venue" which will permit a qualifying property to obtain signage different from that allowed by- right, upon approval by City Council. To qualify as a major retail venue, the property must be four (4) million square feet or more and contain some form of indoor recreation activity in addition to retail. These provisions are similar to those in Section 218 of the City Zoning Ordinance relating to major entertainment venue signs with the exception that major retail venues cannot request electronic display signage (LED). • Considerations: The Resolution refers to the Planning Commission an amendment adding the definition and requirements for major retail venues. The Resolution also directs the Planning Commission to act on the proposed amendments by no later than forty (40) days after the adoption of the Resolution. This effectively requires the Commission to act at its December 2017 meeting. The amendments are being brought forward at the request of Councilmember Shannon Kane. • Public Information: The Resolution itself does not require any form of advertising; the actual CZO amendments, however, will be the subject of twice- advertised public hearings before both the Planning Commission and the City Council. • Attachments: Ordinance setting forth proposed CZO amendments Requested by Councilmember Kane REQUESTED BY COUNCILMEMBER KANE 1 A RESOLUTION REFERRING TO THE PLANNING 2 COMMISSION PROPOSED AMENDMENTS TO SECTIONS 3 111 AND 218 OF THE CITY ZONING ORDINANCE 4 PERTAINING TO THE DEFINITION OF MAJOR RETAIL 5 VENUE 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require; 9 10 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 There are hereby referred to the Planning Commission, for its consideration and 14 recommendation, proposed amendments to Sections 111 and 218 of the City Zoning 15 Ordinance, pertaining to the definition of major retail venue. A true copy of such proposed 16 amendments is hereto attached. 17 18 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 19 BEACH, VIRGINIA: 20 21 That the Planning Commission be, and hereby is, directed to transmit to the City 22 Council its recommendation concerning the aforesaid amendments no later than forty(40) 23 days after the date of adoption of this Resolution. Adopted by the City Council of the City of Virginia Beach, Virginia, on the day of , 2017. APPROVED AS TO LEGAL SUFFICIENCY: Ci y Attorney's Office CA14236 R-1 October 24, 2017 1 REQUESTED BY COUNCILMEMBER KANE 2 3 4 AN ORDINANCE TO AMEND SECTIONS 111 5 AND 218 OF THE CITY ZONING 6 ORDINANCE PERTAINING TO THE 7 DEFINITION OF MAJOR RETAIL VENUE 8 9 Sections Amended: §§ 111 and 218 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 17 That Sections 111 and 218 of the City Zoning Ordinance is hereby amended and 18 reordained to read as follows: 19 20 Sec. 111. — Definitions. 21 22 23 24 Major retail venue. An establishment located other than in an Agricultural 25 Residential or Apartment District on any zoning lot of four million (4,000,000) square 26 feet or more the principal use of which is to provide entertainment (indoor recreation) 27 and retail shopping. Such zoning lot shall be distinguishable by architecture, design and 28 accessibility of the development features of the property. 29 30 31 32 Sec. 218. — Major entertainment venue signs. 33 34 Signage for major entertainment venues and major retail venues, other than 35 signage otherwise allowed, shall be allowed only with the approval of the City Council 36 and shall be subject to the following requirements: 37 38 (a) An application for such signage shall be submitted to the Planning Director by 39 the property owner, contract purchaser with the written consent of the property 40 owner, or the duly authorized agent for the property owner. Applications shall 41 include a fee in the amount of Eight Hundred Dollars ($800.00), and the 42 required plan as described in subsection (b), along with any other information 43 required by the Planning Director. Applications shall be heard by the Planning 44 Commission and the City Council in accordance with the procedures prescribed 45 in subsections (d) and (e) of Section 221 of the City Zoning Ordinance. 46 47 (b) The sign plan shall show, in the form and manner specified by the Planning 48 Director, the type, location, setback, size, dimensions and height of all signs, 49 and any other characteristics of or information pertaining to such signage 50 deemed necessary by the Planning Director in order to adequately evaluate the 51 proposed sign plan according to the criteria set forth subsection (d). Individual 52 banners intended to display special or recurring events or activities shall not be 53 required to be approved separately, but it shall be sufficient that the sign plan 54 show the number, size and location of banners generally. 55 56 (c) Where a sign plan for a major entertainment venue includes electronic display 57 signage, the following additional information shall be provided: 58 59 (1) The pixel pitch of the proposed electronic display signs; 60 61 (2) Whether such signs will display static or animated text or images, and the 62 dwell time for each display; 63 64 (3) The maximum and minimum illumination level in candelas per square 65 meter, and the times during which such illumination levels will be used; and 66 67 (4) In no case shall any electronic display sign contain, or be connected to, 68 audio speakers, and all electrical service lines providing power to such 69 signs shall be underground. 70 71 (5) Major retail venues shall not be permitted to have electronic display 72 signage. 73 74 (d) The City Council shall consider the following criteria in acting upon an 75 application: 76 77 (1) The extent to which the proposed signage is consistent with applicable sign 78 regulations and Sign Design Guidelines, if any, of the district; 79 80 (2) The extent to which the proposed signage is consistent with the 81 recommendations of the Comprehensive Plan; 82 83 (3) The extent to which the scale, color, materials, shape, illumination and 84 landscaping of the proposed signage, considered as a whole, is compatible 85 with surrounding properties; 86 87 (4) The impact of the proposed signage on traffic safety, taking into 88 consideration the degree to which view obstructions are created or 89 improved, avoidance of confusion with or obstruction of traffic control signs 90 and devices, and other safety-related factors; and 91 92 (5) The degree to which the proposed signage is integrated into a unified 93 development concept, considering the building design, other signs, 94 landscaping, traffic circulation, and other development features of the 95 property. 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: anning D=•artment y® City Att rney's Office CA14178/R-3/October 23, 2017 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Set the Tax Rate for Computer Equipment and Peripherals Used in a Data Center MEETING DATE: November 7, 2017 • Background: The General Assembly has authorized a classification of business personal property that applies solely to computer equipment and peripherals used in a data center. In pertinent part, this classification is limited by the statutory definition of "data center," which requires a minimum of "one megawatt of capacity of electrical power and cooling, including substations, uninterruptible power supply systems, all electrical equipment, and associated handlers." There are no data centers in the City that meet the definition's minimum electrical capacity, so there is no revenue impact in the current fiscal year if this item is adopted. • Considerations: The Fiscal Year 2018 Personal Property Tax Levy did not include a separate tax rate for computer equipment and peripherals used in a data center. As such, the rate applicable to the general classification of personal property, $4.00 per $100 of assessed property, would apply. The proposed tax rate in the attached ordinance is $0.40 per $100 of assessed property. As discussed at the Council Informal Session on October 17, 2017, it is the opinion of the City's Department of Economic Development that this rate will assist in positioning the City to compete for data center businesses. Also discussed at the October 17th briefing is a request by the Commissioner of the Revenue to review the City's depreciation schedule for computer equipment used in a business and to evaluate revenue impacts of a change to that schedule. Following the review of computer equipment, the Commissioner would like to study the depreciation schedule of all business personal property. Those discussions will continue as the City begins preparations for revenue projections in the upcoming fiscal year. • Public Information: This matter was discussed during the City Council's televised informal session on October 17, 2017. Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance /, ' Recommended Action: Approval f/t��{jt.,•-- �( ^ Submitting D pa -n I • gency: Department of Economic Development City Manage • ► �.+ 1 AN ORDINANCE TO SET THE TAX RATE FOR 2 COMPUTER EQUIPMENT AND PERIPHERALS USED 3 INA DATA CENTER 4 5 WHEREAS, the FY18 Budget included an ordinance to levy personal property 6 taxes; 7 8 WHEREAS, the FY18 Personal Property Levy did not separately classify 9 computer equipment and peripherals used in a data center; 10 11 WHEREAS, the statutory authorization to separately classify computer 12 equipment and peripherals used in a data center requires the following definition of a 13 "data center": 14 15 "data center" means a facility whose primary services are the storage, 16 management, and processing of digital data and is used to house (i) 17 computer and network systems, including associated components such as 18 servers, network equipment and appliances, telecommunications, and 19 data storage systems; (ii) systems for monitoring and managing 20 infrastructure performance; (iii) equipment used for the transformation, 21 transmission, distribution, or management of at least one megawatt of 22 capacity of electrical power and cooling, including substations, 23 uninterruptible power supply systems, all electrical plant equipment, and 24 associated air handlers; (iv) Internet-related equipment and services; (v) 25 data communications connections; (vi) environmental controls; (vii) fire 26 protection systems; and (viii) security systems and services; 27 28 WHEREAS, the Council desires to separately classify computer equipment and 29 peripherals used in a data center and set a rate for such classification; 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 32 OF VIRGINIA BEACH, VIRGINIA, THAT: 33 34 1. The tax rate applicable for computer equipment and peripherals used in a data 35 center, such classification authorized by § 58.1-3506(A)(43), shall be forty cents 36 ($0.40) per$100 of assessed value. 37 38 2. The effective date of this ordinance is January 1, 2018. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: 1 Warren Harris Philip Kellam% Economic Development Commissioner of the Revenue APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: rn David Bradley Dana -'fy-� Budget and Management Se ces City Attorneys Office CA14104 R-1 October 25, 2017 ift CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance 1) Declaring 8,188 Sq. Ft. (0.188 acre) of City-owned Land Located at the Intersection of Indian River and Kempsville Roads to be in Excess of the City's Needs and 2) Authorizing the City Manager to Exchange Same to The Betty H. Buzzy Revocable Living Trust MEETING DATE: November 7, 2017 • Background: The Betty H. Buzzy Revocable Living Trust (the "Landowner") owns property located at 5248 Indian River Road (GPIN: 1465-38-9142) known as Acredale Saddlery (the "Landowner Parcel"). The City of Virginia Beach (the "City') needs a portion of the Landowner Parcel for the Indian River Road / Kempsville Road Intersection Improvements Project, CIP 2-418 (the "Project"). Said needed property consists of approximately 665 sq. ft. for right-of-way, a 1,239 sq. ft. temporary construction easement, a 1,598 sq. ft. Dominion Virginia Power easement, and a 944 sq. ft. Cox Communication easement (hereinafter collectively, the "Project Property"). The appraised value of the Project Property is $50,964. A portion of the Project Property is located along the front of the Landowner Parcel and is currently being used for customer parking. The Landowner asserts that the loss of parking spaces in front of the store along Indian River Road will cause monetary damages to the business, in addition to the value of the "Project Property." In 2014, the City acquired property for the Project from Norma Jean Dean, et al., and subsequently subdivided that property into two parcels. One of the parcels (GPIN: 1465- 38-9270) is adjacent to the Landowner Parcel and consists of approximately 8,188 sq. ft. (the "City Parcel"). After completion of the Project, the City Parcel will not be a buildable site due to lack of access and various utility and drainage easements. The Landowner and City staff have negotiated a property exchange to settle all matters in connection with the acquisition of the Project Property. The Landowner would convey the Project Property to the City in exchange for the City conveying the City Parcel to the Landowner. The Landowner would also pay the City additional consideration in the amount of$25,000. The City Parcel will be conveyed subject to various existing utility and drainage easements, including a 30' HRSD easement. The Landowner intends to use the City Parcel for parking spaces at the rear of the Landowner Parcel to replace the spaces lost along Indian River Road as a result of the Project. • Considerations: The Landowner has agreed to the terms and conditions of an exchange agreement, a summary of which is attached to the Ordinance as Exhibit A (the "Summary of Terms"). If City Council approves this transaction, as a condition of closing, the Landowner will record a resubdivision plat to incorporate the City Parcel into the Landowner Parcel, which will include and be subject to all existing City and Project easements. Funds received as additional consideration from the Landowner, in the amount of $25,000, would be appropriated back to the Project (CIP 2-418.000). • Public Information: A public hearing for the proposed conveyance of excess City-owned property was advertised on October 29, 2017 in The Virginian-Pilot. Advertisement of City Council Agenda. • Recommendations: Approval • Attachments: Ordinance, Summary of Terms (Exhibit A), Disclosure Statement and Location Map Recommended Action: Approval Submitting De• : . ency: Public Works/Real Estate de pe City Manager: AN ORDINANCE 1) DECLARING 8,188 SQ. FT. (0.188 2 ACRE) OF CITY-OWNED LAND LOCATED AT THE 3 INTERSECTION OF INDIAN RIVER AND KEMPSVILLE 4 ROADS TO BE IN EXCESS OF THE CITY'S NEEDS AND 5 2)AUTHORIZING THE CITY MANAGER TO EXCHANGE 6 SAME TO THE BETTY H. BUZZY REVOCABLE LIVING 7 TRUST 8 9 WHEREAS, The Betty H. Buzzy Revocable Living Trust (the "Landowner") owns 10 property located near the intersection of Indian River and Kempsville Roads, known as I I 5248 Indian River Road (GPIN: 1465-38-9142) (the "Landowner Parcel"); 12 13 WHEREAS, a portion of the Landowner Parcel consisting of right-of-way and 14 easements is needed for the Indian River Road / Kempsville Road Intersection 15 Improvements Project, CIP 2-418 (the "Project"); 16 17 WHEREAS, the Landowner asserts that the loss of parking spaces along the front 18 of the Landowner Parcel due to the construction of the Project will cause monetary 19 damages to its business known as Acredale Saddlery; 20 21 WHEREAS, the City of Virginia Beach (the "City") owns property located adjacent 22 to the Landowner Parcel, consisting of approximately 8,188 sq. ft. (0.188 acre) (the "City 23 Parcel"). 24 25 WHEREAS, City staff and the Landowner have negotiated a settlement, wherein 26 the Landowner would convey all right-of-way and easements needed for the Project to 27 the City in exchange for the City conveying the City Parcel to the Landowner. 28 29 WHEREAS, the Landowner has further agreed to pay to the City an additional 30 consideration of$25,000, and intends to use the City Parcel for parking spaces to replace 31 those lost due to the Project; 32 33 WHEREAS, the Landowner has agreed to the terms and conditions of an 34 exchange agreement, a summary of which is attached hereto as Exhibit A (the "Summary 35 of Terms"), and incorporated herein; and 36 37 WHEREAS, City Council is of the opinion that the City Parcel is in excess of the 38 needs of the City. 39 40 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 41 VIRGINIA BEACH, VIRGINIA: 42 43 1. That approximately 8,188 sq. ft. of City-owned property located at the 44 intersection of Indian River and Kempsville Roads, is hereby declared to be in excess of 45 the needs of the City. 46 2. That the City Manager or his designee is hereby authorized to execute any 47 and all documents necessary to complete the transaction contemplated herein, so long 48 as they are substantially consistent with the Summary of Terms, and such other terms, 49 conditions or modifications as may be acceptable to the City Manager and in a form 50 deemed satisfactory by the City Attorney. 51 52 3. That the $25,000 to be received by the City in connection with this 53 transaction shall be appropriated to the Indian River Road / Kempsville Road Intersection 54 Improvements Project, CIP 2-418.000. 55 56 4. This ordinance shall be effective from the date of its adoption and shall 57 expire if the exchange is not completed by November 7, 2020, unless extended by City 58 Council prior to expiration. 59 60 Adopted by the Council of the City of Virginia Beach, Virginia, on the 61 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 CONTENT: di-- 1 Public W. s/ Real Estate Budget& Management Services APPROVED AS TO LEGAL SUFFICIENCY: gatU/,GaY) kitA4 City Attorney CA13604 Wwgovcomws1\Applicationstty,aw,Gycwn32\WPWCSV0015\PoPN9392099clop( November 1, 2017 R-1 EXHIBIT A SUMMARY OF TERMS Exchange Agreement Between the City of Virginia Beach ("City") and The Betty H. Buzzy Revocable Living Trust ("Landowner") PROJECT: Indian River Road / Kempsville Road Intersection Improvements Project / CIP: 2-418.000 CITY PARCEL: Indian River Road / GPIN: 1465-38-9270 Total Area: 8,188 Sq. Ft. / 0.188 Ac. LANDOWNER PARCEL: 5248 Indian River Road / GPIN: 1465-38-9142 (Acredale Saddlery) PROPOSED EXCHANGE: City would convey to the Landowner: o City Parcel (subject to all existing easement and access restrictions) Landowner would convey to City for the Project: o 665 Sq. Ft. Right-of-way o 1,239 Sq. Ft. Temporary Construction Easement o 1,598 Sq. Ft. Utility Easements Landowner will pay the City additional consideration in the amount of $25,000, which funds will be appropriated back to the Project. CONDITIONS OF SALE: • City Parcel conveyed to Landowner will be transferred subject to various utility and drainage easements. • Landowner will record a resubdivision plat to incorporate the City Parcel into the existing Landowner Parcel. • Landowner will use the City Parcel for additional parking at the rear of Acredale Saddlery. V_':3 Virginia Bea(h APPLICANT'S NAME DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness - Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The 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 ❑ , - � c LI xspabs1 ' n eiC B Virginia Beach FA/Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. riCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. �yf-- � (A) List the Applicant's name: zi. t�',i3(1 1 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 footnotes1 and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 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 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 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 S EPERATELY Page 3 of 7 APPLICANT Virginia Beach • YES I NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of F-7- • ( your tax return JOW5 C✓ti G1-0,r�y ri Architect / Landscape Architect / / "'"/ Land Planner Contract Purchaser(if other than riFA 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) • 1-77 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) n 11 Legal Services ,�,/ Real Estate Brokers / • I „y Agents/Realtors for current and �'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 ❑ r 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 AI 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 Arcation., 1 7 fiA✓ 57 �I �5�� /;SK /c/a// .APPLICANT'S SI NATURE PRINT NAME ATE Page 5 of 7 -VB OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if -/ needed) �T 0 Accounting and/or preparer of VVV III your tax return jD 5 c2 f p n7✓ Architect / Landscape Architect/ T� b 6 Land Planner ❑ Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed r ✓ purchaser of the subject property I I t/I (identify purchaser(s) and purchaser's service providers) • LaConstruction Contractors f 1-7/ ✓I Engineers / Surveyors/Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I I Legal Services Real Estate Brokers / p 7 Agents/Realtors for current and anticipated future sales of the subject property • e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 VB 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 '�� � a . it �Ahcs7 / 13 �o/ /r7 PROPER OW ER'S SIC E PRINT NAME DATE Page 7 of 7 l -,fo,,, l di o a 7 m a- s n 0 VI `, w a ‘..G rn 'Al'7. r s -0 t— r..) 2 } m Z n 10- 4\‘‘‘ A O, tn W co Co N V N 0MO r O z cI cn n A W ry — N co cm c O 1. W 7 FJ CO A N Vel) _. N V / 441111, _ w D N I i y 70 7 73 rri 73 CA o N s D r to N CD (...) t v O. Q. C0 "O n' — su; J " al Q. N • rn Q. SU N 11 n 13 - O (1) O C) 0. — r) T J 1av U MM3 5N C4I O ro j 11) 73n Z"' ,JI N• ../ ON CJI It ui N 5 `, O tr V N N O CO N N fo `�.µ 1 f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Directing the City Manager to Terminate the Arena Development Agreement Upon Certain Conditions MEETING DATE: November 7, 2017 Background: On behalf of the City of Virginia Beach (the "City"), the City Manager and City staff have engaged in extensive negotiations with representatives of United States Management, LLC, and its affiliates (collectively "USM"), regarding the development of an arena on City-owned property adjacent to the Virginia Beach Convention Center. On December 8, 2015, City Council adopted a resolution approving (i) the execution of the Project Documents and (ii) authorizing the transfer of approximately 5.8 acres of land (the "City Land") to the City of Virginia Beach Development Authority (the "Authority"). The parties executed a Development Agreement dated December 11, 2015, with a form of the remaining Project Documents attached thereto as exhibits (the "Development Agreement"). The Development Agreement contained certain deadlines including a loan commitment date which was extended by City Council to March 7, 2017 (the "Loan Commitment Date"). USM satisfied the requirements to be completed by the Loan Commitment Date on March 7, 2017, which triggered a new deadline in accordance with the Development Agreement. After exhaustion of all available extensions, the deadline for USM to close on the financing of its loan is on or before November 7, 2017 (the "Outside Loan Closing Date"); To close on its financing, all the construction loan documents must be executed, delivered and recorded. As a part of the closing, the City will transfer the City Land to the Authority so the long-term lease can be executed. At this time, USM has not yet closed on its financing. The City has the right to terminate the Development Agreement in the event USM fails to close on its financing by 11:59 p.m. on the Outside Loan Closing Date. • Considerations: Failure to meet the Outside Loan Closing Date does not automatically terminate the Development Agreement but merely vests in the City a right to terminate should the City deem such an action in its best interests. This resolution would provide direction to the City Manager regarding exercise of the right of termination if that right should arise. This resolution does not modify or amend the terms of the Development Agreement and therefore requires only a majority vote for approval. • Information: Advertisement of City Council Agenda. • Alternatives: Approve the Resolution as presented, approve with modifications, or do not approve the Resolution. • Attachments: Resolution Recommended Action: Approval Requested by Councilmember John Moss REQUESTED BY COUNCILMEMBER MOSS 1 RESOLUTION DIRECTING THE CITY MANAGER 2 TO TERMINATE THE ARENA DEVELOPMENT 3 ARGEEMENT UPON CERTAIN CONDITIONS 4 5 WHEREAS, on behalf of the City of Virginia Beach (the "City"), the City Manager 6 and City staff have engaged in extensive negotiations with representatives of United 7 States Management, LLC, and its affiliates (collectively "USM"), regarding the 8 development of an arena on City-owned property adjacent to the Virginia Beach 9 Convention Center (the "Arena"); 10 11 WHEREAS, on December 8, 2015, City Council adopted a resolution approving (i) 12 the execution of a development agreement with USM (the "Development Agreement") 13 relating to the Arena, and (ii) conditionally authorizing the transfer of approximately 5.8 14 acres of land to the City of Virginia Beach Development Authority (the "Authority"); 15 16 WHEREAS, the Development Agreement was fully executed as of December 8, 17 2015, and provides in part that either party may terminate that agreement and all related 18 transaction documents if USM has not closed on its construction loan for the Arena by 19 November 7, 2017 (the "Outside Loan Closing Date"); and 20 21 WHEREAS, City Council is of the opinion that it is in the public interest to terminate 22 the Development Agreement if USM has not closed on its construction loan (as defined 23 and set forth in the Development Agreement) by 11:59 p.m. on November 7, 2017. 24 25 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA: 27 28 The City Manager is directed to send a written notice of termination in a 29 manner consistent with the Development Agreement as soon as practicable on November 30 8, 2017, unless the Construction Loan Closing, as defined in the Development 31 Agreement, has occurred on or before 11:59 p.m. on November 7, 2017. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 34 , 2017. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney CA14030 vlgi m.mr DES t Appbcations c,ylzwhod ryanm)Y Wpdo<s[m15142,VOR9'6b a"ax R-4 November 1, 2017 T€ ,. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Requesting the State and Federal Governments Proceed with Widening and Deepening of the Hampton Roads Harbor Channels MEETING DATE: November 7, 2017 • Background: The Hampton Roads Harbor Channels, including the Thimble Shoals, Atlantic Ocean Channel, and the interior channels serving Norfolk Harbor and Newport News Harbor, are currently among the deepest channels on the East Coast. These channels can be dredged to 55 feet to increase the state's ability to attract the largest ships now serving or that have been envisioned. These deeper and widened channels would play a critical role in business development, job creation, and generation of tax revenue throughout the Commonwealth and would make the Port of Virginia more competitive in the international marketplace. • Considerations: The City of Virginia Beach is one of the main direct beneficiaries of the Norfolk International Terminal and other ports on the Southside through the Virginia Beach residents who work at these ports. The channels, especially east of the Chesapeake Bay Bridge Tunnel, contain hundreds of thousands of cubic yards of beach-quality sand that could be inexpensively put on Virginia Beach's beaches at both the Chesapeake Bay and the Resort Area. The widening and deepening would also allow the largest United States Navy vessels to have safe passage through the channels while the channels are being used by the largest container ships, which are more than 1,000 feet long. • Public Information: Public information will be provided through the normal Council agenda process. • Attachment: Resolution. Requested by Mayor Sessoms REQUESTED BY MAYOR SESSOMS A RESOLUTION REQUESTING THE STATE AND FEDERAL GOVERNMENTS PROCEED WITH THE WIDENING AND DEEPENING OF THE HAMPTON ROADS HARBOR CHANNELS 1 WHEREAS, the Hampton Roads Harbor Channels, including the Thimble Shoals, 2 Atlantic Ocean Channel, and the interior channels serving Norfolk Harbor and Newport 3 News Harbor, are currently among the deepest channels on the East Coast; and 4 5 WHEREAS, these channels can be dredged to 55 feet to increase the 6 Commonwealth of Virginia's ability to attract the largest ships now serving or that have 7 been envisioned; and 8 9 WHEREAS, these deeper and widened channels would play a critical role in 10 business development, job creation, and generation of tax revenue throughout the 11 Commonwealth; and 12 13 WHEREAS, this would make the Port of Virginia more competitive in the 14 international marketplace; and 15 16 WHEREAS, the City of Virginia Beach is one of the main direct beneficiaries of the 17 Norfolk International Terminal and other ports on the Southside through the Virginia 18 Beach residents who work at these ports; and 19 20 WHEREAS, the channels, especially east of the Chesapeake Bay Bridge Tunnel, 21 contain hundreds of thousands of cubic yards of beach-quality sand that could be 22 inexpensively put on Virginia Beach's beaches at both the Chesapeake Bay and the 23 Resort Area; and 24 25 WHEREAS, the widening and deepening would also allow the largest United 26 States Navy vessels to have safe passage through the channels while the channels are 27 being used by the largest container ships, which are more than 1,000 feet long. 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 That the City Council requests that the United States Congress work through the 33 United States Army Corps of Engineers and the Commonwealth of Virginia to plan for, 34 and provide funding for, the widening and deepening of the Hampton Roads Harbor 35 Channels, including all the segments of the Newport News Channel, the Norfolk Harbor 36 Channel, the Thimble Shoals Channel, and the Atlantic Ocean Channel. Resolved by the Council of the City of Virginia Beach this_day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: WAM1,14 f?obert R. Matthias Roderick R. Ingram City Manager's Office City Attorney's Office CA14177 R-1 October 27, 2017 2 -38- Item-VI-K.2a PLANNING ITEM#62386 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED/CONDITIONED, BY CONSENT, Application of the CITY OF VIRGINIA BEACH, DISTRICT 4-BAYSIDE a. Street Closure for Lake Avenue and Oak Street and portions of Locust Crescent and Ellis Avenue The following conditions shall be required: /. 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 is normally determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures" approved by City Council. Copies of the policy are available in the Planning Department. No purchase price shall be charged in these street closures because the City is both the Owner of the underlying fee and the Applicant. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed areas into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The Applicant shall provide the City of Norfolk with the access easements reserved in the deed from the City of Norfolk to the City of Virginia Beach 4. The Applicant shall verify that no private utilities exist within the rights- of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the rights-of- way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 5. Closure of the rights-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 (1) year of the City Council vote to close the rights-of-way, this approval shall be considered null and void. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-Seventh day of November, Two Thousand Twelve November 27, 2012 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing Lake Avenue, Oak Street, and Portions of Locust Crescent and Ellis Avenue MEETING DATE: November 7, 2017 • Background: On October 10, 2012, the Planning Commission passed a motion recommending that City Council approve a request by the City of Virginia Beach ("Applicant") to close Lake Avenue, Oak Street, and portions of Locust Crescent and Ellis Avenue. On November 27, 2012, by Ordinance ORD-3262M (the "Street Closure Ordinance"), City Council approved the Applicant's request subject to the following conditions being met by November 26, 2013: 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 is normally determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures" approved by City Council. Copies of the policy are available in the Planning Department. No purchase price shall be charged in these street closures, however, because the City is both the owner of the underlying fee and the Applicant. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed areas into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The Applicant shall provide the City of Norfolk with the access easements reserved in the deed from the City of Norfolk to the City of Virginia Beach. 4. The Applicant shall verify that no private utilities exist within the rights-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the rights-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 5. Closure of the rights-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 rights-of-way, this approval shall be considered null and void. City of Virginia Beach (Lake Lawson and Lake Smith Natural Area) Page 2 of 2 On October 2, 2013, the Applicant requested additional time to meet the conditions set forth in the Street Closure Ordinance. The Applicant currently is awaiting approval from the National Park Services to transfer a recreational easement restriction from City- owned property located on Lynnhaven Parkway to the Lake Lawson and Lake Smith Natural Area. A legal description was submitted as a part of the extensive application process. Condition 2 of the subject street closure requires recordation of a resubdivision plat incorporating the closed areas into the adjacent parcels. The resubdivision would cause the legal description submitted to the National Park Services to be inaccurate. The Applicant is still awaiting the above-described approval from the National Park Services. Therefore, on September 27, 2017, the Applicant requested an additional two (2) year extension of time to meet the conditions set forth in the Street Closure Ordinance. Staff has concluded that the request for the additional two (2) year extension is reasonable. • Recommendations: Allow an extension of 24 months for satisfaction of the conditions. • Attachments: Ordinance Location Map Recommended Action: Approval Submitting Dep. me• a •ency: Planning Departmen City Manager: � r 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN 3 THE MATTER OF CLOSING LAKE 4 AVENUE, OAK STREET, AND PORTIONS 5 OF LOCUST CRESCENT AND ELLIS 6 AVENUE 7 8 WHEREAS, on November 27, 2012, City Council acted upon the 9 application of the City of Virginia Beach (the "Applicant") for the closure of Lake Avenue, 10 Oak Street, and portions of Locust Crescent and Ellis Avenue, as shown on Exhibit A 11 attached hereto; 12 13 WHEREAS, on November 27, 2012, City Council adopted an Ordinance 14 (ORD-3262M) to close the aforesaid rights-of-way, subject to certain conditions being 15 met on or before November 26, 2013; 16 17 WHEREAS, on October 2, 2013, the Applicant requested an extension of 18 time to satisfy the conditions to the aforesaid street closure action, and on November 19 12, 2013, City Council adopted an Ordinance (ORD-3308B) approving the extension of 20 time to meet certain conditions to on or before November 26, 2014; 21 22 WHEREAS, on October 14, 2014, the Applicant requested an additional 23 three (3) years to satisfy the conditions of the aforesaid street closure action, and on 24 November 18, 2014, City Council adopted an Ordinance (ORD-3382C) approving the 25 extension of time to meet certain conditions to on or before November 26, 2017; and 26 27 WHEREAS, on September 27, 2017, the Applicant requested an 28 additional two (2) years to satisfy the conditions of the aforesaid street closure action. 29 30 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 31 Virginia Beach, Virginia: 32 33 That the date for meeting conditions of closure as stated in the Ordinance 34 adopted on November 27, 2012 (ORD-3262M), upon application of the City of Virginia 35 Beach, is extended to November 26, 2019. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on this 38 day of , 2017. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney ammng Department CA14029 0wgoeQom\D FSI Nppllcabons\CityLawProd ycom32 Wpdost0307•OIS00094442 DOC R-1 October 25, 2017 EXHIBIT A FOR LOT OWNER INFORMA FOR PARCELS IDENTIFIED AS (THROUGH®, !O NA. / QJ N/T SEE SHEET 2 OF 2. CITY OF CITY OF NORFOLK LOCUST CRESCENT (VAR. R/W) VIRGINIA BEACH LAKE SMITH' (D.B. 2397, PG. 126) PARCEL A GPIN 1469-62-7175 (FORMERLY ELM 5T.-M.B.3, PG171-40' R/W) 538.20'11•W 9.er 317.21 TIE TO P.I. "i 115.58 R 2 rbc^ ' L Li g a T Q "' BLOCK 2-LAKESIDE O © © t,/02/ r Ie j (M.B. 3, PG. 171) ® © n/ ,n 'a I m/ Z N - < O N% N In B oo n O O CITY OF VIRGINIA BEACH r�' ; �o,� rcN = •qq 9 �551'40'11'E 299.61' / 1Y m W 7 ELLISc AVENUE. 50' R 3 o g (FORMERLY PINE ST.-M.143. PG.171) / i 5w —o < - N51'39'20'W 299.69' ^I co < c r o © M,,�/ l g kg a§ l N rc BLOCK 3 - LAKESIDE a/ a * i< B g W O < 8ryV Wte WOO � !4 .'Rg v © PROPERTY UNE �Tv// 0 13 w la BY CITY DEED 618 10/ ?z opri D.B. 51, PG. 10 i i s 51'3�2'91'E 390.70' N 1. 1 OAK STREET //,.. L4 (40' R/W)�� i(M.B. 3, PG. 171))/ 1.24-/-/ N5123'1 Ws 1 16 49 1 192.17W — 12 4.177 t 115.27 -. N51'37'16" 316.34' OA. 0 11 STREET LINE AS SHOWN IN M$.3, PG. 171 into `N/V ����/I AREA OF STREET CLOSURE c'+m CJTY OF VIRGINIA BEACH k//////155.214 SF 1.2675 AC. R^ PARCEL B INST. /20060706001024770(DEED) UNE TABLE s W INST. /20060522000771350(PLAT) UNE BEARING DISTANCE GPIN 1489-52-7035 LI N3870.401 49.95' MERIDIAN REFERENCE: 1_2 N5113716.W 75.00' VIRGINIA STATE PLANE COORDINATE SYSTEM L3 N3873'54'E 39.96' SOUTH ZONE, NORTH AMERICAN DATUM L4 N36'4817'W 136.86' 1983/1993 (HARN) (U.S. SURVEY FOOT) 1.5 S2516'43'W 35.93' GRAPHIC SCALE EXHIBIT SHOWING A CLOSURE OF 100 50 l00 200 A PORTION OF LOCUST CRESCENT (FORMERLY ELM STREET - M.B. 3, PG. 171) ( a FLAT ) & A PORTION OF EWS AVENUE 1 tett . 100 ft (FORMERLY PINE STREET - M.B. 3, PG. 171) AND o}41A- oP 0�A A CLOSURE OF , LAKE AVENUE AND OAK STREET (N.B. 3, PG. 171) 81‘0411• Uc. No. 2516 VIRGINIA BEACH, VIRGINIA �O7//T / Patton Harris Rust & Associates e ,j Engineers. Surveyors. Planners. Landscape Architects. <4N0 Su9v T 4'�a Y� pHRA\ 410 NORTH CENTER DRIVE, SUITE 100 Norfolk, VA 23502 pr1 OF T 757.497.7472 F 757.497.0250 TIFF ra NOVEMBER 7, 2011 •fe' 1'-100' •aieit TIFF ,wsf s" 16700-1-14 I IDENTIFIER PARCEL & OWNER IDENTIFIER PARCEL & OWNER OA LOTS 9, 10 — BLOCK 2 JQ LAKE SMITH N/F CITY OF VIRGINIA BEACH N/F CITY OF NORFOLK 1N5T./20060706001024770 (DEED) INST./20060522000771350 (PLAT) INST./20060522000771380 (PLAT) D.B. 51, PG. 10 GPIN 1469-52-4486 GPIN 1469-62-7175 (JB LOT 11 — BLOCK 2 QK LOTS 21-32 — BLOCK 3 N/F CITY OF VIRGINIA BEACH N/F CITY OF VIRGINIA BEACH INST./20081120001335970 INST./20060706001024770 (DEED) M.B. 3, PG. 171 INST./20060522000771390 (PLAT) GPIN 1469-52-5403 GPIN 1469-52-4277 © LOTS 12-20 — BLOCK 2 © A PORTION OF LOTS 1-8, AND N/F CITY OF VIRGINIA BEACH ALL OF LOTS 9-19 — BLOCK 3 INST.#20060706001024770 (DEED) N/F CITY OF VIRGINIA BEACH INST./20060522000771420 (PLAT) INST./20060706001024770 (DEED) GPIN 1469-52-6306 INST./20060522000771390 (PLAT) GID A PORTON OF LOTS 23, 24. 25 & GPIN 1469-52-3280 26 — BLOCK 2 © LOT 20 — BLOCK 3 N/F CITY OF VIRGINIA BEACH N/F CITY OF VIRGINIA BEACH INST.#20060706001024770 (DEED) INST./20060706001024770 (DEED) INST./20060522000771400 (PLAT) INST./20060522000771390 (PLAT) GPIN 1469-52-5486 GPIN 1469-52-5130 O A PORTION OF LOT 27 — BLOCK 2 N/F CITY OF VIRGINIA BEACH INST./20060706001024770 (DEED) IN5T./20060522000771400 (PLAT) GPIN 1469-52-6433 Fp LOTS 28, 29 — BLOCK 2 N/F AUGUSTUS COSTON D.B. 96, PG. 79 M.B. 3, PG. 171 GPIN 1469-52-6482 © LOTS 30, 31 — BLOCK 2 N/F CITY OF VIRGINIA BEACH INST./20060706001024770 (DEED) INST./20060522000771410 (PLAT) GPIN 1469-52-7421 (J LOT 32 — BLOCK 2 N/F CITY OF VIRGINIA BEACH INST./20080619000727770 M.B. 3, PG. 171 GPIN 1469-52-7336 ( PARCEL A N/F CITY OF VIRGINIA BEACH INST./20060706001024770 (DEED) INST./20060522000771350 (PLAT) GPIN 1469-52-9638 EXHIBIT SHOWING A CLOSURE OF A PORTION OF LOCUST CRESCENT (FORMERLY ELM STREET — M.B. 3, PG. 171) & A PORTION OF ELLIS AVENUE (FORMERLY PINE STREET — M.B. 3, PG. 171) O� AND @4'1L cx Op L A CLOSURE OF LAKE AVENUE AND OAK STREET > (M.B. 3, PG. 171) °nu CHER lie No. 2516 VIRGINIA BEACH, VIRGINIA Patton Harris Rust & Associates ///p7 / �( Engineers. Surveyors. Planners. Landscape Architects. <44 No sURVE'a410 NORTH CENTER DRIVE, SUITE 100 7' 1\[ \ Norfolk, VA 23502 SHEET 2 OF 2 T 757.497.7472 F 757.497.0250 �""'• 1FF r°"' NOVEMBER 7, 2011 13-- N/A r•R'w TFF J^O7'hi 16700-1-14 I gr Nv, r- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate FY 2016-17 School Reversion Funds MEETING DATE: November 7, 2017 • Background: On September 19, 2017, the School Board was presented a summary of the un-audited financial statement for FY 2016-17 in which $17,063,890 lapsed and reverted to the City's General Fund; additionally, actual school formula revenues exceeded budgeted amounts by $3,094,987, generating a net balance of $20,158,877 available for reversion. In the past, City Council has appropriated such funds to the School System. Under City Council policy, the Schools can only apply these funds to one-time rather than continuing obligations. Additionally, in 2003 at the request of the School Board, the City Council approved an ordinance which established in the City's accounting structure the"Special Revenue Fund - School Reserve" or the 098 Fund. At that time, the City Council was provided a School Board Policy, 3-28, describing the purposes of the 098 Fund (the "Policy"). The Policy was updated by the School Board in 2014, and as amended, contemplates use for "(1) unexpected shortfalls in state or federal revenues; (2) emergency expenditures of a nonrecurring nature that would not have been anticipated at the time of preparation and adoption of the School Operating Budget; (3) unusual and critical need to fund the subsequent fiscal year's operating budget shortfall; or (4) other fiscal emergencies." The Policy provides a limitation of "up to two (2) percent of the previous year's School Operating Budget may be placed into this fund." A copy of the Policy is attached. As of June 30, 2016, the 098 Fund had an un-audited balance of $17,299,301, of which $8,803,897 was appropriated as part of the FY 2017-18 Operating Budget for Schools. This left a balance of $8,495,404 in the Fund. The Schools are requesting that the City Council appropriate $8,803,897 in reversion funds to the 098 Fund, increasing the balance to $17,299,301. This represents 1.99% of the School's FY 17 budget, slightly below the 2% limit set by policy. • Considerations: At its October 24th meeting, the School Board adopted a resolution requesting that reversion funds totaling $20,158,877 be re-appropriated for the following: o $9,892,883 to School Operating Fund for replacement school buses and other fleet, replacement equipment for landscaping services, technology infrastructure, copier replacements, interactive white boards, the e-rate local match, and field lights for one high school; and o $8,803,897 to the School Reserve Special Revenue Fund to cover possible revenue shortfalls in the FY 2018-19 budget; and o $562,097 to the Athletics Fund; and o $900,000 to the CIP fund for school renovation and replacement projects. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance; School Board Resolution (Adopted October 24, 2017); School Board Policy 3-28. Recommended Action: Approval Submitting Departm: - • gency: Budget and Management Services City Manager.% 1 AN ORDINANCE TO APPROPRIATE FY 2016-17 2 SCHOOL REVERSION FUNDS 3 4 WHEREAS, on October 24, 2017, the School Board adopted a resolution 5 requesting the City Council re-appropriate funds that lapsed and reverted at the end of 6 FY 2016-17 and funds that exceeded anticipated revenue estimates for FY 2016-17; 7 8 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA, THAT: 10 11 1. $19,258,877 is hereby appropriated from the fund balance of the General Fund to the 12 FY2017-18 Operating Budget in the amounts and for the purposes set forth below: 13 a. $9,892,883 to the School Operating Fund for: 14 i. Replacement school buses (regular education), $2,886,883; 15 ii. Replacement school buses (special education), $2,068,000; 16 iii. Vans to reduce costs for cabs and full-size buses, $250,000; 17 iv. Replacement white fleet vehicles, $573,000; 18 v. Replacement equipment and/or vehicles for landscape services, 19 $564,000; 20 vi. Technology infrastructure, $1,029,000; 21 vii. Technology initiative to provide access for all students, $628,600 22 viii. Copier/multifunction device replacement, $600,000; 23 ix. Interactive white board replacements, $550,000; 24 x. E-rate local match, $418,400; 25 xi. Baseball/softball field lights for one designed high school, $325,000; 26 b. $8,803,897 to be reserved in the School Reserve Special Revenue Fund to 27 cover possible shortfalls in the FY2018-19 School Operating Fund; and 28 c. $562,097 to be re-appropriated to the Athletics Fund. 29 30 2. $900,000 is hereby appropriated from the fund balance of the General Fund to the 31 FY2017-18 Capital Improvement Program in the amounts and for the purposes set 32 forth below: 33 a. $750,000 to CIP 1-099, Renovations and Replacements Grounds II; and 34 b. $150,000 to CIP 1-105, Renovations and Replacements Various II. 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: efmc UiL) t DavidYL C David Bradley lana a eyer Budget and Management Services City Attorney's Office CA14238/R-1 /October 26, 2017 School Board of the City Atnla Beach VIRGINIA BEACH CITY PUBLIC SCHOOLS Beverly M.Anderson, ,At-Large,Chair CHARTING THE COJP SE Daniel D.Edwards,District 2-Kempsville,Vice Chair Sharon R.Felton,District 6-Beach School Administration Building 46,Municipal Center Dorothy M.Holtz,At-Large 2512 George Mason Dr. Victoria C.Manning.At-Large P.0.Box 6038 Joel A.McDonald,District 3-Rose Hall Virginia Beach,VA 23456 1]5]1263-1000 Ashley K.Mcleod,At-Large Kimberly A.Melnyk,District 7-Princess Anne MISSION STATEMENT Trenace B.Riggs,District 1-Centerville The Virginia Beach City Public Schools,in partnership with the entire community,will Carolyn T.Rye,District 5-Lynnhaven empower every student to become a life-long learner who is a responsible,productive Carolyn D.Weems,District 4-Bayside and engaged citizen within the global community. Aaron C.Spence,Ed.D.,Superintendent Budget Resolution Regarding FY 2016/17 Reversion and Revenue Actual Over Budgeted Funds WHEREAS,on September 19,2017,the School Board was presented with a summary of the unaudited financial statements for FY 2016/17(year-ending June 30,2017) showing the reversion amount to the city's General fund; and WHEREAS,$360,710 reverted from the Green Run Collegiate Charter School fund, $16,141,083 reverted from the School Operating fund and $562,097 reverted from the Athletics fund;and WHEREAS,the estimated total amount available for re-appropriation is$17,063,890;and WHEREAS,the city is currently indicating a FY 2016/17 revenue actual over budget of the revenues included in the Revenue Sharing Formula,of which the schools portion is$3,094,987;and WHEREAS,the net reversion funding available for re-appropriation is$20,158,877; and WHEREAS,on October 10,2017,the School Board supported the priority needs spending plan as proposed by the Administration; and WHEREAS,the Administration recommends the following for the available funds in the amount of$20,158,877: • $8,803,897 to be re-appropriated to the School Reserve Special Revenue fund to cover possible revenue shortfalls in the FY 2018/19 School Operating fund 115 • $562,097 to be re-appropriated to the Athletics fund 119 • $900,000 to be re-appropriated to the OP fund which is inclusive of the$90Q000 cited in our resolution on September 191°and obviates that transfer request: Project 1-099, Renovations and Replacements Grounds II - $750,000 Project 1-105, Renovations and Replacements Various II-$150,000 • $9,892,883 to be re-appropriated to the School Operating fund 115 for: Replacement school buses(regular education) -$2,886,883 Replacement school buses(special education) -$2,068,000 Vans to reduce costs for cabs and full-size buses-$250,000 • Replacement white fleet vehicles-$573,000 Replacement equipment and/or vehicles for Landscaping Services-$564,000 Technology infrastructure - $1,029,000 Technology initiative to provide access for all students- $628,600 Copier/multifunction device replacement - $600,000 Interactive white board replacement-$550,000 E-rate local match -$418,400 Baseball/softball field lights for one designated high school- $325,000; and • Put Students First •Seek Gn a t/i •Be Open to Change •Do Great Work Together •Value Differences 1512 Goarn, M ' Gu.t PC hon coiY ;y uia Seer h 2340+ o03e wwwv6schw6<om School Board of the City of Virginia Beach VIRGINIA BEACH CITY PUBLIC SCHOOLS Beverly M.Anderson,At-Large,Chair r CHAP-1N- THE (OI,RSE Daniel D.Edwards,District 2-Kempsville,Vice Chair Sharon R.Felton,District 6-Beach School Administration Building 46,Municipal Center Dorothy M.Holtz,At-Large 2512 George Mason Dr. Victoria C.Manning,At-Large P.O.Box 6038 Joel A.McDonald,District 3-Rose Hall Virginia Beach,VA 23456 (]SII 263-1000 Ashley K.McLeod,At-Large Kimberly A.Melnyk,District 7-Princess Anne MISSION STATEMENT Trenace B.Riggs,District 1-Centerville The Virginia Beach City Public Schools,in partnership with the entire community,will Carolyn T.Rye,District 5-Lynnhaven empower every student to become a life-long learner who is a responsible,productive Carolyn D.Weems,District 4-Bayside and engaged citizen within the global community. Aaron C.Spence,Ed.D.,Superintendent Budget Resolution Regarding FY 2016/17 Reversion and Revenue Actual Over Budgeted Funds(continued) NOW,THEREFORE,BE IT RESOLVED: That the School Board of the City of Virginia Beach approves the recommended uses of the FV 2016/17 Reversion and Revenue Actual Over Budget funds as presented by the Administration;and be it FURTHER RESOLVED: That the School Board requests that the City Council approve the re-appropriation of FY 2016/17 Reversion and Revenue Actual Over Budget funds shown above; and be it FINALLY RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor,each member of City Council,the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 24th day of Oc ••er 2017 Lt.., titt, .,i Beverly Mil' Chair or ATTEST: - . on C. Spence, Superintendent Dianne P.Alexander Clerk of the Board Put Students First •Seek Growth •Be Open to Change •Do Great Work Together • Value Differences 24126t' ,vg Ma.-or.DGm I PC Box 603e. Virginia Beach.Vlrgire 2456003E WWVVvbchools.corn Policies and Regulations School Board of the City of Virginia Beach Policy 3-28 BUSINESS AND NONINSTRUCTIONAL OPERATIONS Reserve Fund A. Generally In order to be in a better position to respond to: 1)unexpected shortfalls in state or federal funding; 2)emergency expenditures of a nonrecurring nature that would not have been anticipated at the time of preparation and adoption of the School Operating Budget; 3) unusual and critical need to fund the subsequent fiscal year's operating budget shortfall; or 4)other fiscal emergencies, the School Board shall set aside a reserve for contingencies (hereinafter"Reserve Fund"or"Fund")up to two (2)percent of the previous year's School Operating Budget, may be placed into this Fund. The purpose of this Policy is to specify what funds shall be placed in the Reserve Fund, and to set forth the School Board's requirement for any expenditures to be made from the Reserve Fund. B. Policy 1. Any expenditure of funds in the Reserve Fund shall require a resolution adopted by a majority vote of the School Board. Such resolution shall state the purpose(s)of the expenditure, and the total amount to be expended. 2. Pursuant to applicable provisions of state law, the Reserve Fund must be appropriated by City Council annually as part of the school operating budget, and any funds that the School Board desires to be added to the Reserve Fund during the fiscal year must also be appropriated by City Council. Legal Reference: Code of Virginia§22.1-94, as amended. Appropriations by county, city or town governing body for public schools. Code of Virginia §22.1-115, as amended. System of accounting; statements of funds available: classification of expenditures. Virginia Board of Education Regulation 8 VAC 20-210-10, as amended. Classification of expenditures. Adopted by School Board: May 6, 1997 Amended by School Board: May 6, 2003 Amended by School Board: September 16, 2014 [ Of k, L ty 1 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $4,000,000 Related to the Mobilization of Virginia Task Force 2 FEMA Urban Search and Rescue Team for Hurricane Maria MEETING DATE: November 7, 2017 • Background: The Virginia Beach Fire Department is the sponsor agency for Virginia Task Force 2, Federal Emergency Management Agency (FEMA) Urban Search and Rescue Team. On September 18, 2017, the team received activation orders to deploy 88 team members to assist with Hurricane Maria rescue efforts in Puerto Rico and the U.S. Virgin Islands. • Considerations: Upon activation, FEMA provides funding to reimburse sponsoring agencies for equipment, supplies and personnel costs incurred to support this event. As the sponsor agency, the City of Virginia Beach Fire Department is responsible for the administrative and fiscal management of the Virginia Task Force 2 Team and its assets. Consistent with previous deployments, FEMA authorizes the reimbursement of all eligible expenses related to activation, mobilization, deployment, and demobilization of Virginia Task Force 2. Based on the size and type of deployment, the estimated cost is $4 million; however, the actual cost will be better known once the reimbursement request documents have been finalized. • Public Information: Public information will be coordinated through the normal agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting De- : • gency: Fire Department 0 City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $4,000,000 RELATED TO THE MOBILIZATION OF 3 THE VIRGINIA TASK FORCE 2 FEMA URBAN 4 SEARCH AND RESCUE TEAM FOR HURRICANE 5 MARIA 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $4,000,000 from the Federal Emergency Management Administration is 11 hereby accepted and appropriated, with federal revenue increased accordingly, to the FY 12 2017-18 Operating Budget of the Fire Department for costs associated with the Hurricane 13 Maria mobilization of the Virginia Task Force 2 Urban Search and 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 of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Jci f Budget and Management Servic•s ity . ney s Office CA14176 R-1 October 20, 2017 X41 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds and to Transfer Funds within the Police Department for the Purchase of Body Worn Cameras MEETING DATE: November 7, 2017 • Background: The U.S. Department of Justice (DOJ) Office of Justice Programs has awarded the Police Department funding to enhance the City's current body worn camera implementation plan as part of the DOJ's Expansion of Body Worn Cameras Program for Extra-Large Agencies. The intent of this grant is to help police agencies implement, broaden, and evaluate body worn camera programs. The DOJ Program seeks to enhance officer accountability with the public and help build community trust. The funding from this grant will pay for camera systems, docking stations, and software licenses. • Considerations: The grant provides $302,000 of federal funding and requires a $302,000 match, which will be funded through the Police Department's Operating Budget. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting De e th4g ncy: Police Department City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS AND TO TRANSFER FUNDS WITHIN THE POLICE 3 DEPARTMENT FOR THE PURCHASE OF BODY WORN 4 CAMERAS 5 6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1. That $302,000 from the U.S. Department of Justice (DOJ) Office of Justice 10 Programs is hereby accepted and appropriated, with federal revenue increased 11 accordingly, to the FY 2017-2018 Operating Budget of the Department of Police for the 12 purchase of body worn cameras. 13 14 2. That $302,000 is hereby transferred within the FY 2017-2018 Operating 15 Budget of the Department of Police to provide the local grant match for the purchase of 16 body worn cameras. 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 \DLieyer Budget and Management Services City Attorney's Office CA14235 R-1 October 24, 2017 ,1v-{[. E.; +F+ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds to the Police Department for Naloxone MEETING DATE: November 7, 2017 • Background: The United States Department of Justice, via a Byrne-Justice Assistance Grant, has made available to state and local law enforcement agencies funds to purchase Naloxone to combat the rise in opioid overdoses. Naloxone is a drug that when administered restores respiration to those who overdose on opioids within two to five minutes, and it may prevent brain injury and death. The Virginia Department of Criminal Justice Services has awarded $10,000 in federal pass-through funds to the Virginia Beach Police Department. As the first-responders to most overdose calls, the Police Department has recognized the need for sworn patrol personnel to be trained and equipped with Naloxone. The Police Department first deployed Naloxone doses in February 2016. Since that time, officers have deployed Naloxone over 60 times, with a 97 percent survival rate. The Police Department does not have funds budgeted specifically for Naloxone, but considers this purchase to be a high priority. It is estimated that this funding will purchase approximately 200 doses of Naloxone. • Considerations: There is no local match requirement for this grant. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting De-. ncy: Police Department City Manager: ► 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO THE POLICE DEPARTMENT FOR NALOXONE 3 4 WHEREAS, the United States Department of Justice (USDOJ), via the Byrne- 5 Justice Assistance Grant (JAG), has made funds available to help reverse incidences of 6 opioid overdoses; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA, THAT: 10 11 Grant funds in the amount of$10,000 from the USDOJ, via the Virginia Department 12 of Criminal Justice Services, is hereby accepted and appropriated, with federal revenue 13 increased accordingly, to the FY 2017-2018 Operating Budget of the Department of 14 Police for the purchase of Naloxone. 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: V David Bradley Ban. a meyer Budget and Management Services City Attorney's Office CA14184 R-1 October 26, 2017 K. PLANNING 1. WILLIAM and CHRISTEN HICKEY for a Change of Zoning from B-2 Community Business to R-20 Residential at 500 Davis Street DISTRICT 2 —KEMPS V ILLE RECOMMENDATION: APPROVAL 2. TMSSR, LLC and VILLAGE DRIVE COMMONS, LLC for a Conditional Use Permit re a tattoo parlor at 620 Village Drive, Suite D DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. KABP DEVELOPMENT, LLC for a Conditional Use Permit re a hair care center at 2033 Fisher Arch DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 4. KODU, LLC and FAIRFAX SIXPLEX, LLC for a Conditional Use Permit re motor vehicle sales at 1165 Lynnhaven Parkway DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 5. RHETT REBOLD and DERRICK BORTE for a Conditional Use Permit re a craft brewery and an open-air market at 505 18th Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 6. GRACE BIBLE CHURCH OF VIRGINIA BEACH, INC. and MARY H. SMITH, TRUSTEE OF THE MARY H. SMITH REVOCABLE TRUST for a Conditional Use Permit re a religious use at 2285 London Bridge Road (Deferred October 3, 2017) DISTRICT 7— PRINCESS ANNE RECOMMENDATION: APPROVAL 7. SXCW PROPERTIES II, LLC and FULTON BANK,N.A. for a Conditional Use Permit re a car wash and auto service station at 3264 Holland Road (October 17, 2017) DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL • •i 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, November 7,2017 at WO pm.,at which time the following applications will he heard: DISTRICT 6-BEACH TMSSR.LLC/Village Drive Commons,LLC Conditional Ilse Perini{ (Tattoo Parlor) 620 Village Drive,Suite D (GPIN 240767384909011 CeS1RICT7-PRINCESS MINE 1(FPB Development,LLC PnndNonal Ilm Permit (Hair Care Center) 2033 Fisher Arch(GPIN 2414118775) DISTRICT 3-ROSEHALL KODD, LLC/Fairfax SSplex, LLC Conditional IPP Permit (Motor Vehicle Sales)1185 Lynnhaven Parkway (GPIN 1466909402) DISTRICT 2-NEMPSVTLL£ William & Christen Hickey hutage-p( Z&ling(B-2 Community Business to 320 Residential)50O Davis Street (GPIN 1467496170) DISTRICT 6-BE/LN Nhett ReNM/DemCM Spite fy1911(l20y( I len Permits (Craft Brewery & Open-Air Market)505 1&h Street (GRIN 2427071188) DISTRICT 7-PRINCESS ANNE Grace Bible Church of Virginia Beach, Inc./Mary H.Smith.trustee of the Mary H. Smith Revocable Trust Conditional 05ep¢rmll(Religious Use)2285 London Bridge Road(GPIN 2405702504) DISTRICT 3-ROSE HALL S%CW Properties II,LLC/Fulton Bank.NA. Conditional Use Permit (Car Wash & Automobile Service Station)3264 Holland Road(GPIN 1495093490) All Inlerpyed parties are mote to attend. Ruth H Ser.MMC City Clerk Copies of the prolwsed ordinances, resolutions and amendments are on file nd may be examined in the Department of Planning or online at Igp2(?eerie y01Rteon For information call 385-0621. It you are physically dsbEed or visually Impaired and need assistance at this meeting. please call the OW CLERK'S OFHCE et MAPCO 3;Hearing impaired call 711 (Virginia Relay -Telephone Device for the Dean. BEACON:OCTOBER 22&29,2017-1 TIME EACH ----›-. .,./ „vitt c.,,,, c I 0 6' a us) 7 ....--747 2D ittri rave / it/ � Rai IR , L>/ /,/ / '- '' '"4-'.• -- .- amanti ig'i l'Iji-- / ' / 4 0-t ? ._er_ * i ilaftill 1 . C,Ii /13 Aiii _--. IV 1 U T / //k ta) 4/-,/ W , IN %/D Arikr*:' - Ill I .. ` N Cf7( \ ` 1 a. 74wititi 1/ At lapvi.... tryQ `Ye ; , i . `� s �O W m ' >kadOrir ..e . , , 71- , Wit 41'-i „ o D Miim CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WILLIAM & CHRISTEN HICKEY [Applicant & Property Owner] Change of Zoning (B-2 Community Business District to R-20 Residential District) 500 Davis Street (GPIN 1467496170). COUNCIL DISTRICT— KEMPSVILLE MEETING DATE: November 7, 2017 ■ Background: City records indicate that the single-family dwelling on the property was constructed in 1950. In 1968, most of the properties along Davis Street were rezoned from RD-1 Residential to B-2 Community Business. At that time, the residential use on the site became legally nonconforming. Overtime, Davis Street has transitioned from residential uses to a mix of industrial and commercial uses. The subject site is one of the few remaining residential uses on this street. The applicant purchased the property in October 2015, without knowing that the existing single-family dwelling was a nonconforming use. Recently, the applicant attempted to refinance their home and was told that the property would require a change in zoning to a residential district in order to qualify for a government approved mortgage. Based on this, the applicant is requesting a rezoning of the property from B-2 Community Business District to R-20 Residential District. • Considerations: Several properties along Davis Street, while zoned commercial, do appear residential in character. The structure on the property has been occupied as a home for a majority of the last 67 years. In Staffs opinion, the rezoning will not negatively impact the commercial uses along Davis Street and will serve as a transition to the townhomes to the north. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. One letter of opposition was received regarding the request. The religious use across the street to the west noted concerns regarding the conversion of Davis Street to residential, creating a potential compatibility issue between the religious use and future residents. • 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. William & Christen Hickey Page 2 of 2 ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. r ' ) Submitting De �m�nt(Age-ncy:Planning Department � �Gt.� L. City Manager:�r��CJ Applicant & Property Owner William & Christen Hickey Agenda Item Public Hearing October 11, 2017 City Council Election District Kempsville 4 Virginia Beach Request Rezoning (B-2 Community Business to R 20 „4• °,.,, 3 Residential) •�� `*• s S °' /•,, 1' am s Staff Recommendation ., csl” p°"'°��,� .° 3 Approval 0,m Court �� •^t r Staff Planner ... Court ert Marchelle Coleman 4.Coy o,, x J U^apt on `k''r F c Location 500 Davis Street GPIN ,F 1 E 1467496170 i.,�y, r .. Site Size •��� . o 31,125 square feet 4., AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling/ B-2 Community Business %.',1, - rr, •/'` r << Surrounding Land Uses and Zoning Districts '` `, itiu, t : 11 a. ,. , .�_ • :-. North L ` i.; t. fir ',. ,f.t. �' Davis Ways: z�' y , 4y Townhomes/A-12 Apartment ` South r.,,li Davis Street w ``y' . +� r. �'f ' ' ' i .Sin Single-family dwelling/ B-2 Community 1 -� =- � '' ' 14 • -ti Business -• rf East s\ Apartments/A-18 Apartment " y .�' •r , West Davis Street '�, ' 411, Religious Use/B-2 Community Business William & Christen Hickey Agenda Item 4 Page 1 Background and Summary of Proposal • City records indicate that the single-family dwelling on the property was constructed in 1950. • In 1968, most of the properties along Davis Street were rezoned from RD-1 Residential to B-2 Community Business. At that time, the residential use on the site became legally nonconforming. Overtime, Davis Street has transitioned from residential uses to a mix of industrial and commercial uses. The subject site is one of the few remaining residential uses on this street. • The applicant purchased the property in October 2015. Recently, the applicant attempted to refinance their home. During that process, it was brought to their attention that the property would need to be zoned residential in order to qualify for a government approved mortgage. Based on this,the applicant is requesting a rezoning of the property from B-2 Community Business to R-20 Residential. A 18 A-12j -A-12 i1;7!:/:2;;!H:± **hum co„,, • Zoni2 CUP(Automobile Bulk Storage Yard)Withdrawn A-12 ° 08/27/1996 B-z °- ``~ ` CUP(Motor Vehicle Sales)Approved 04/26/1994 33 NON(Expansion of a Nonconforming Use)Approved R-5D 12/09/2003 B 4 CUP(Bulk Storage Yard)Approved 03/27/2001 2 A-18 1 5 CUP(Automobile Repair Garage)Approved 08/04/2015 5 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance;and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. (pp. 1-59 to 1-68) William &Christen Hickey Agenda Item 4 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 resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Davis Street 4,508 ADT 1 9,900 ADT 1(LOS 4"D") Z Existing Land Use —10 ADT Proposed Land Use 3 ADT Virginia Beach Blvd 32,466 ADT 1 56,240 ADT 1(LOS 4"D") 10 1 Average Daily Trips 2as defined by one single- 3as defined by one single-family 4 LOS=Level of Service family dwelling dwelling Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Davis Street is a two lane local street with a 50-foot right-of-way. There are no current roadway CIP projects proposed for this area. Virginia Beach Boulevard, in this vicinity, is an eight-lane major urban arterial with a 140-foot right-of-way. The MTP calls for an eight-lane major arterial with an ultimate right-of-way width of 155 feet. Currently, there are no roadway CIP projects proposed for this area. Public Utility Impacts Water & Sewer The site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation This request for a rezoning from B-2 Community Business District to R-20 Residential District is acceptable,given that this site has functioned as a single-family residence since 1950. Overtime, portions of Davis Street have transitioned from residential uses to industrial and commercial uses; however,this site has remained residential. Staff believes that rezoning the property to R-20 Residential District,for the purpose of refinancing the home, is reasonable given it will not negatively impact the aesthetic quality or layout of the area and it will continue the historical use of this property as a residential dwelling. In addition to the single-family dwelling,the site also contains two garages and a shed. As the site is currently zoned B-2, the side yard setback is currently zero. However,the R-20 side yard setback requirement is 15 feet. As all of these structures will be within the 15-foot setback if the property is successfully rezoned, a Board of Zoning Appeals (BZA) variance will be required in order for them to remain at the existing locations. The applicant is aware that the property will need to be cleared of all debris and dumpsters in order to comply with the requirements set forth in the Zoning Ordinance for the R-20 Residential District. In Staff's opinion,this request is reasonable and provides a transition and protection to the townhomes to the north of the property from the commercial and industrial uses to the south. Based on these considerations, Staff recommends approval of the request. William & Christen Hickey Agenda Item 4 Page 3 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. William &Christen Hickey Agenda Item 4 Page 4 Site Photos � t • ! ill) A T ` ! Ai • I !�w I Lam ' 7! tis, • _ 411411- . .41 ; 4 ice , '�j 2 � `4 44 '..;"'•1'.�'3 - 1 111 a'r, .; Ps. Aiiiiilikoh, Jit A vel. ' mu '. .. to .:11,-,,,..: =. i I s ? ® William & Christen Hickey Agenda Item 4 Page 5 Disclosure Statement Virginia Beach APPLICANT'S NAME William&Christen Hickey 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. • a SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 novu�ANN-.,i uuno� mnirm,. _ ,.A." lo[y,3/)2. Marchelle Coleman Ei William&Christen Hickey Agenda Item 4 Page 6 Disclosure Statement Virgil nig Beech ® Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Wiliam and Christen Hickey If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) list the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotesI and 2 e e SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if vropelty owner is different from Anvifrant. M 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 THFN complete the following. (A) List the Property Owner's name:Wiliam &Christen Hickey_ If an LLC, list the member's names. Page 2 of 7 William &Christen Hickey Agenda Item 4 Page 7 Disclosure Statement Virginia Burch If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (8) List the businesses that haw 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 Sate and Local Government Conflict of Interests Act.Va. Code§2.2-3101. Affiliated business entity relationship' means 'a relationship. other than parent-subsidiary relationship that exists when til one business entity has a controlling ownership interest in the other business entity.(ii)a controlling owner in one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities:there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va.Code§ 2.2.3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES. please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT. EACH MUST COMPLETE THE SECTION SE PERATELY Page 3 of William&Christen Hickey Agenda Item 4 Page 8 Disclosure Statement APPLICANT VIENtlia Beach YES NO SERVICE PROVIDER(use additional sheetsir needed) I�I ® Accounting and/or preparer of I I your tax return Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(Jf other than ® the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ▪ ® Construction Contractors nN Engineers/Surveyors/Agents Financing(Include current Ruth Tracy Current Lienholder.Private ® ❑ mortgage holders and lenders party financing. selected or being considered to provide financing for acquisition Peoples Home Equity.Inc.is the or construction of the property) company we are using for refnanOng ❑ ® Legal Services • Real Estate Brokers / n m Agents/Realtors for current and W anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 William&Christen Hickey Agenda Item 4 Page 9 Disclosure Statement 1B VhQnia Berl CERTIFICAZ7.9_14: 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• •Ilcat= . / T � L.),•/%a » �� �3 7�T/ ANL sSIGNATURE PINT NAME DATE Page 5 of 7 William&Christen Hickey Agenda Item 4 Page 10 Item ft4 William&Christen Hickey Change of Zoning 500 Davis Street District 2 Kempsville October 11, 2017 CONSENT An application of William &Christen Hickey for a Change of Zoning(B-2 Community Business to R-20 Residential)on property located at 500 Davis Street, District 2, Kempsville. GPIN: 1467-49-6170-0000. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item 4. AYE 10 NAYO ABSO ABSENT1 HODGSON ABSENT HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 4 for consent. The applicant William Hickey appeared before the Commission. _ \ , \ \ \ \ i I%) ,--------\ - \ S - . \ :3 , ____---------_ -cla MI _1 eWN------ ----- 44 • __--- ____--------71___ -- \ . \\\ . \ \ ' ,--___________„----------- , \ .,. , b, ., ., T '' __ - - -5--------------- ''\ \ 03 0 •. c-- --\ \ ...4.. - \ \----------------- (1) \' , ------- leo %.° : - ----- \ - - C - ' -----' [ ,rascri"e4:. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TMSSR, LLC [Applicant] VILLAGE DRIVE COMMONS, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) 620 Village Drive (GPIN 2407673849). COUNCIL DISTRICT— BEACH MEETING DATE: November 7, 2017 • Background: The applicant currently operates a training facility for cosmetology services in a 1,560-square foot unit near Laskin Road. A Conditional Use Permit for a Tattoo Parlor is requested in order to offer permanent cosmetic makeup services, known as microblading, to her clients. • Considerations: Prior to offering microblading services on the site, the applicant is required to obtain a business license and the Health Department must verify that the business meets 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. No changes are proposed to the exterior of the building, signage, nor to the site layout. The typical hours of operation are 10:00 a.m. to 9:00 p.m., Monday through Friday, and 10:00 a.m. to 3:00 p.m., Saturday. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1. 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. TMSSR, LLC Page 2 of 2 3. Any on-site signage for the 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 any new signs. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. ✓��( /q� Submitting Departmen Agency: Planning Department 1 '' ' rotidt /_ JJ City Manager: ` `�I Applicant TMSSR, LLC Agenda Item Property Owner Village Drive Commons, LLC Public Hearing October 11, 2017 Cityrf City Council Election District Beach Virginia Beach mare Road g d Requesta Conditional Use Permit(Tattoo Parlor) _ » w> w S ; Mab1C� a^e C�ac`%'� �d Staff Recommendation Carnaby Drive <o ^ Pey') Approval a Steve Lane a Westminster lane ' A Karen Lane ,,, Staff Planner o �O� vaoon Robert Davis La Location >75 dB DNL 620 Village Drive, Suite D welsh co GPIN i. 24076738490001 APZ2 .. �jtLaseRoad > r o Site Size a ` 1.96 acres - a u APZ1 AICUZ 1,,,, 164 Greater than 75 dB DNL; APZ 1 T. w Watershed 7 Chesapeake Bay Existing Land Use and Zoning District `• • ` ,. ii:" ,1 Mixed retail /B-2 Community Business r„�' - •z 1- . - Surrounding Land Uses and Zoning Districts ''i°�� ”' ,.''`t, '� . • - '• North "' r ► � r " Mixed retail / B-2 Community Businesserr - J"= '`� South . �t Self-storage facility/ B-2 Community Business _ ; 1 •• . .i• 3 • East „.Mixed retail /B-2 Community Business r ti West .......,.....-•••• C Village Drive - ::: .,�• • Mixed retail /B-2 Community Business P IIIK 14.aro► 7-1►.- '' _ s v s .1 TMSSR, LLC Agenda Item 1 Page 1 Background and Summary of Proposal • The applicant currently operates a training facility for cosmetology services in a 1,560-square foot unit within a business center near Laskin Road. A Conditional Use Permit for a Tattoo Parlor is requested in order to offer permanent cosmetic makeup services, known as microblading, to her clients. • The proposed hours of operation are 10:00 a.m. to 9:00 p.m., Monday through Friday, and 10:00 a.m. to 3:00 p.m., Saturday. • No changes are proposed to the existing signage or to the exterior of the building. ‘,06 1 Zoning History - - est 1 CUP 1 CUP(Craft Brewery)Approved 05/05/2015 e 2 CUP(Motor Vehicle Rental&Bulk Storage Yard) Approved 03/22/2005 B-2 3 CUP(Mini-Storage)Approved 12/18/2002 APZ1 -Ade A-18 ,0 A-18 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—FloodplainVariance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations This subject site is located in the Hilltop Strategic Growth Area (SGA) as identified by the 2016 Comprehensive Plan and the Hilltop SGA Master Plan. The Plan's vision is to transform this area into a convenient, regional retail destination within close proximity to the beach. For the subject site, the Plan calls for a mixture of retail, office,and other non- residential uses. Natural and Cultural Resources Impacts This site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural resources or cultural features associated with the site, as it is fully developed with a shopping center and parking lot. TMSSR, LLC Agenda Item 1 Page 2 Public Utility Impacts Water &Sewer This site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation In Staff's opinion the proposed Conditional Use Permit fora Tattoo Parlor is consistent with the Comprehensive Plan's land use policies for the Hilltop Area and is consistent with the commercial nature of the surrounding properties. According to Traffic Engineering Staff,the addition of the purposed use at this location will have no impact on traffic movements along Village Drive and Laskin Road, nor is it expected to generate traffic above a typical specialty retail operation. Prior to operating on the site, the applicant is required to obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code. This section of the code establishes standards for disclosure, hygiene, licenses, waivers, proof of age, recordkeeping, inspections, cleanliness, vaccinations, and permitting. A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. For the reasons stated above, Staff recommends approval of this application, subject to the conditions below. Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the 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 any new signs. 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/DevelopmentServices 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. TMSSR, LLC Agenda Item 1 Page 3 Proposed Location -4101w --- .... Y.- _ - -K, • • • • Proposed -.. ft.- . r .. ,. . \ a • Locatio • n 1 ft as • y4. , 0 . . • c • 11‘ 1WIII 1. '',, 1°‘, ., % ,dr, 1 - ..it; -, ( ' Ic..:V, k 41Va"" --, . .., t • , TMSSR, LLC Agenda Item 1 Page 4 Site Photos r .r Proposed Location •• Yl , w_ _ T TMSSR, LLC Agenda Item 1 Page 5 Disclosure Statement Virginia Beach APPLICANT'S NAME TMSSR, 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 X Conditional Use Permit License Agreement Wetlands Board e S The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. a SECTION 1 / APPLICANT DISCLOSURE n.x ni. na rnrv, • Page l of 7 ❑ .riucAN 1,1 i. 444 NVRIN`. N.. HAN /O//%/¢0/7 °`h2 Robert A. Davi 1716.l yup.. LN i. ion / 7-07 LLC Agenda Item 1 Page 6 Disclosure Statement lB Yuynia Beech ▪ Check here if the APPLICANT IS NOT a corporation, partnership, firm. business. or other unincorporated organization. ® Check here If the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name.TMSSR,LLC If an LLC, list all member's names: Sarah Rillion If a CORPORATION, list the the names of all officers, directors. members, trustees, etc. below: (Attach list If necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list If necessary) See next page for information pertaining to footnotesI and 2 • e 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 IC a corporation, partnership, firm, business. or other unincorporated organization,AND TNFN,complete the following. (A) List the Property Owner's name,Village Drive Commons, LLC If an LLC, list the member's names:Frank R. Spadea Family Trust Page 2 of 7 TMSSR, LLC Agenda Item 1 Page 7 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees. etc. below: (Attach list if necessary) Kathy Spadea, Jerry L. Bowman (B) List the businesses that haw a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 'Parennsubsidiry 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 Sate and Local Government Conflict of Interests Act,Va. Code§2 2-3101. 2 'A011iated business entity reitbnshlp" 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 ownerentity is also a controlling owner in the other entity.or (iii) there is shared management or controle beteeen 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 or the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close (sorting relationship between the entities.' See State and Local Government Conakt of Interests Act. Va.Code 9 2 2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of TMSSR, LLC Agenda Item 1 Page 8 Disclosure Statement APPLICANT Virginia Beath YES NO SERVICE PROVIDER wee additional sheets if needed) IQn I Accounting and/or preparer of Glenn Roffman v your tax return ❑ VI Architect/Landscape Architect/ Land Planner Contract Purchaser(jf other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ▪ ® purchaser of the subject property (identify purchaseds)and purchaser's service providers) H ® Construction Contractors Engineers/Surveyors/Agents Financing (Include current SunTrust Bank nmortgage holders and lenders I I 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 , 4 a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 TMSSR, LLC Agenda Item 1 Page 9 Disclosure Statement • • VB Vuglola Bads 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. JI�4il LIRE PRINT Nnlrne- API.II IDN (of a�1r, n1GNT'S SIL Page 5 of 7 TMSSR, LLC Agenda item 1 Page 10 Disclosure Statement OWNER Withda Beach YES NO SERVICE PROVIDER(um admrlorw sheets If needed) I�1 Z Accounting and/or preparer of f I your tax return • ® Architect/Landscape Architect/ Land Planner ❑ ® the Purchaser Of other than Lie Aoolkant)- identify purchaser and purchasers service providers Any other pending or proposed f ® purchaser of the subject property I (identify purchaser(s)and purchaser's service providers) Construction Contractors ® Engineers/Surveyors/Agents Financing(include current Futon Bank ® ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n ® Legal Services Real Estate Brokers / n ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YESNO Does an official or employee of the City of Virginia Beach have 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 TMSSR, LLC Agenda Item 1 Page 11 Disclosure Statement lB Vh-ml a CERTIFICATION: I certify that all of the information contained In this Disclosure Statement Form Is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council,VBDA meeting, or meeting of any public body or committee In connection with this ' Application _ _ _ _.. ite iT•• Li'. I 1,./J•TED-E.D' iEnmY OWNER'S SIGNATURE �E DATE Page 7 of TMSSR, LLC Agenda Item 1 Page 12 Item#1 TMSSR, L.L.C. Conditional Use Permit 620 Village Drive, Suite D District 6 Beach October 11, 2017 CONSENT An application of TMSSR, L.L.C.for a Conditional Use Permit(Tattoo Parlor)on property located at 620 Village Drive,Suite D, District 6, Beach. GPIN: 2407-67-3849-0001. 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 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 any new signs. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item 1. AYE 10 NAYO ABSO ABSENT 1 HODGSON ABSENT HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINIER AYE By a vote of 10-0,the Commission approved item 1 for consent. Sarah Rillon appeared before the Commission on behalf of the applicant. `,.. /1„,..."- -NN ...„ _._ ._,. .,. 0 0 ,.,_ ,..,.... 1 .„ ,... " .7. . .,....... ,.. 1,......„. . .......... . ... >.--:.. -,....... ......,... .,. 0 ,.. ,..... e 46-• I I%) -,,. . 'N. . . . ... , ..... . . ... . -... .. N..,. ...,)-..... r / / \ ••• .‘../. i 1 ,,, -a, z - - / / . / .4 ....., /0 , 0 / 49 / i /, // IN) i .,./ i %., / * / / / / / w / -... -, ... --.... -__ ...., IV A'' ' ---„,. -----.__, -----...,.......* ---,...„,.. ,....,. , ... ---... -----1 kin?)------')--\ .,.. ........._ . -yge 6 • t., .. 0 .,..... -,.... --... I . ......-, . ...... ---„,, cc ,..,..... . , _,, ........, .... /.1 _,...... / i / _,. ...... .. ,, ,,. .. po .........., ........... -............ _ ittt; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KABP DEVELOPMENT, LLC [Applicant & Property Owner] Conditional Use Permit (Hair Care Center) 2033 Fisher Arch (GPIN 2414118775). COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: November 7, 2017 • Background: On behalf of a tenant, the applicant is requesting to operate a beauty salon in a 1,524 square-foot unit within an existing office building. As the site is zoned 0-2 Office District, a Conditional Use Permit for a Hair Care Center is required. • Considerations: No changes are proposed to the exterior of the building, with the exception of a new sign above the entrance. The elevation of the sign depicts a raceway mounted channel sign, which is consistent with other signs on the building with regard to style and size. There is ample parking on the property and the proposed hours of operation are typical of an office use. Further details pertaining to the application, 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. All applicable building permits and occupancy permits shall be obtained as required for a personal service use by the Building Official's Office. 2. Any onsite signage for the hair care center establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. The building signage shall not be a "box sign." There shall be no window signage permitted. A separate sign permit shall be obtained from the Department of Planning and Community Development for the installation of the signage. KABP Development, LLC Page 2 of 2 • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departm- • gency: Planning Departmen 1 `l""r City Manager:, Pin Applicant & Property Owner KABP Development, LLC1)/3 Agenda Item Public Hearing October 11, 2017 City Council Election District Princess Anne 2 Virginia Beach Request s, �6 Conditional Use Permit (Hair Care Center) g4,4 orr ,,,4,\ .4 Staff Recommendation e Approval ` ��F Staff Planner I 65-70 dB DNL Robert Davis e°�D 1`M°on``a^e I a°tF Location °yam 2033 Fisher Arch g GPIN p°e 2414118775 Site Size 2.952 acres AICUZ 65-70 dB DNL; Sub-Area 2 Watershed Southern Rivers is 67‘.frlt _ M Existing Land Use and Zoning District 049� j . * ' a i. ii Medical Offices/0-2 Office ' - ` 11,', Surrounding Land Uses and Zoning Districts ''sr," .} 1 • • • . North ...,,z,,..1, North ���� Fisher Arch Q�' �, Medical office and retail/ B-2 Community d'/ `� ,/a�,i Business d.+r South ,,-Q � Single-family dwelling, Cultivated land/AG-2 a. .. +' Agricultural 44c East Undeveloped/0-2 Office West 1,� Princess Anne Road Agricultural land /AG-2 Agricultural KABP Development, LLC Agenda Item 2 Page 1 Background and Summary of Proposal • On behalf of a tenant, the applicant is requesting to open a beauty salon in a 1,524-square foot unit within an existing medical office center. Within the 0-2 Office District, beauty salons require a Conditional Use Permit for a Hair Care Center. • The hours of operation are proposed as 10:00 a.m. to 8:00 p.m. Monday through Saturday; and 10:00 a.m.to 5:00 p.m., Sunday. • No changes are proposed to the exterior of the building with the exception of a new sign above the entrance. The elevation of the sign depicts a raceway mounted channel sign, which is consistent with other signs on the building with regard to style and size. • The Zoning Ordinance requires six parking spaces for the salon and 38 parking spaces for the medical office. As there are a total of 47 parking spaces onsite, the minimum requirement is satisfied. AG-2 B-2,2 Zoning History � # Request o 1 MOD Approved 12/10/2013 �4 • ', 4,, B-2 CUP(Bulk Storage Yard)Approved 02/28/2012 - • 3 CRZ(AG-2 to Conditional 0-2 Office)Approved 0-2* e� 04/14/2009 �� �- _ 4 CRZ(AG-2 to Conditional 0-2 and Conditional B-2 Community Business)Approved 02/24/2009 AG-2 5 CRZ(AG-2 to Conditional R-10& P-1 w/PD-H2) 0-2 Approved 03/28/2006 P-15 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being within the Transition Area.The Transition Area serves as a unique land use area buffering the low density Rural Area to the south from the more densely developed Suburban Area to the north. Within the Transition Area, the Plan calls for development patterns that promote open space, low per acre density and preservation of natural features. Non-residential uses should be "neighborhood-serving."These are uses that are scaled to support the needs of nearby residential neighborhoods, users of the Transition Area's open space and recreational areas, and agricultural users. KABP Development, LLC Agenda Item 2 Page 2 Natural and Cultural Resources Impacts The site is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. As the site is developed with an existing medical office center and parking lot, no additional impacts are anticipated with this request. There do not appear to be any significant natural or cultural resources on the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Fisher Arch No Data Available No Data Available Existing Land Use Z—55 ADT Proposed Land Use 3- 154 ADT Average Daily Trips 2as defined by a 1,525- as defined by 1,524-square foot hair 4 LOS=Level of Service square foot medical office care center Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Fisher Arch is a two-lane local street with a 60-foot right-of-way. There are no current roadway CIP projects proposed for this area. CIP project (2-033), Princess Anne Road Phase VII-A, is planned for this section of Princess Anne Road. The limits of this project include the roadway segment on Princess Anne Road from Seaboard Road to Sandbridge Road. The improvements will include, but are not limited to, shoulder widening, drainage improvements, and utility relocations. Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation In Staff's view, the request is consistent with the Comprehensive Plan's recommendations for the Transition Area as it will provide a neighborhood-based service that is compatible with the surrounding area. The 47 parking spaces depicted on the site are more than adequate to serve both the proposed and allowed uses. Staff has recommended a condition to address signage, consistent with recent Conditional Use Permit applications for personal services. For the reasons stated above, Staff recommends approval of this application, subject to the conditions below. Recommended Conditions 1. All applicable building permits and occupancy permits shall be obtained as required for a personal service use by the Building Official's Office. 2. Any onsite signage for the hair care center establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. The building signage shall not be a "box sign." There shall be no window signage permitted. A separate sign permit shall be obtained from the Department of Planning and Community Development for the installation of the signage. KABP Development, LLC Agenda Item 2 PAPP 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. KABP Development, LLC Agenda Item 2 Page 4 Proposed Location ,`fits • • •7 / ..'''-'7?*. '. ,•"lc , ,, _ ....4, le f •,% I .� ,,i 2 . / 1 ! 4($ -, . 9.4111% iSh « l R; er , ` � ' r -_ rem e. ... ` i Propose - 7 Location .':' -,,- I � J. if /7.'77 : .r' ilL°I.:11'' - - " / ' ,. , . : , -:-.44 iier4. ‘, KABP Development, LLC Agenda Item 2 Page 5 Proposed Signage i VOGUE LASHES & NAIL SP,\ r * 14' Ell —1 iio I 1, oloners ill .. t 3._.i. , KABP Development, LLC Agenda Item 2 Page 6 Site Photos Proposed Location 411011111111111111--- 11 II ,._. Fr ..:... ' - ' . 1.1-n— irr7 II . . , 1 num 17 . . - _ ._:, : ." : i. i.---: i Viii rillirli411. . 1 !Milli: ., . iiiin I - l' NE ow 1 1iIii 'IluI ' Li ■ il - ::us ■arra — II III jiKABP Development, LLC Agenda Item 2 Page 7 Disclosure Statement Vi.Y� Virginia Beach APPLICANT'S NAME KABP Development, 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 X Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE " µ, ricr nw - Page l of 7 0 r I N 1,!M1I IHE AKIN' n noes ., 3/247 Robert RobA. Davis III, r KABP Development, LLC Agenda Item 2 Page 8 Disclosure Statement Virginia Beach nCheck 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: KABP Development, LLC If an LLC, list all member's names: R. Troy Parker, James Burnell, Thomas Atherton, Michael Kahan 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 entity2 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 proverty owner is different from Applicant. LI Check here If the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. El Check here if the PROPFRTY OWNFR IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 KABP Development, LLC Agenda Item 2 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 I or affiliated business entity relationship with the Property Owner: (Attach list if necessary) 'Parent-subsidiary relationship" means 'a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation' See State and Local Government Conflict of Interests Act Va. Code§223101. 2 'Affiliated business entity relationship' means 'a relationship, other than parent-subsidiary relationship, that exists when(I) one business entity has a controlling ownership Interest in the other business entity, (II) a controlling owner in one entity Is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entitles. factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, reor personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 a _._-.._ SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the 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 KABP Development, LLC Agenda Item 2 Page 10 Disclosure Statement APPLICANT 1ia Beach YES NO SERVICE PROVIDER(useadditional sheets needed) n ® Accounting and/or pre parer of I 1 your tax return • L Architect/ Landscape Architect/ Land Planner ❑ _ Contract Purchaser(if other than the • • • 'rant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ Il purchaser of the subject property (identify purchaser(s)and purchasers service providers) n ® Construction Contractors • ® Engineers/Surveyors/Agents • Financing(include current Town Bank ® ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n ® Legal Services Real Estate Brokers/ Parker Burnell Real Estate Group ® ❑ Agents/Realtors for current and anticipated future sales of the subject property e e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 KABP Development, LLC Agenda Item 2 Page 11 Disclosure Statement Virginia Beach rCERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. II 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. _ - ____ _ � Thomas Atherton l 7/28117 APPLICANT'S SIGNATURE PRINT NAME DATE El 1 Page 5 of 7 KABP Development, LLC Agenda Item 2 Page 12 Item#2 KABP Development, L.L.C. Conditional Use Permit 2033 Fisher Arch District 7 Princess Anne October 11, 2017 CONSENT An application of KABP Development, L.L.C.for a Conditional Use Permit(Hair Care Center)on property located at 2033 Fisher Arch, District 7, Princess Anne. GPIN: 2414-11-8775-0000. CONDITIONS 1. All applicable building permits and occupancy permits shall be obtained as required for a personal service use by the Building Official's Office. 2. Any onsite signage for the hair care center establishment shall meet the requirements of the City Zoning Ordinance,and there shall be no neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows,or on the doors.The building signage shall not be a "box sign."There shall be no window signage permitted. A separate sign permit shall be obtained from the Department of Planning and Community Development for the installation of the signage. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item 2. Ronald Ripley: I am a member of the Towne Bank Advisory Board in Chesapeake and this is an application that discloses Towne Bank as their lender. I will be voting on this matter since I have no interest in the application and Towne Bank is not the applicant and since the Planning Commission is advisory and has no control over the final decision, I will be voting on this application. Mike Inman: I am a member of the Towne Bank Advisory Board. I have no interest in the application and since Towne Bank is not the applicant and since the Planning Commission is advisory and has no control over the final decision, I will be voting on this application. AYE 10 NAY 0 ABS 0 ABSENT HODGSON ABSENT HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE Item#2 KABP Development, L.L.C. Page 2 WEINER AYE By a vote of 10-0,the Commission approved item 2 for consent. Kristin Huber appeared before the Commission on behalf of the applicant. Q . . . \ N)) ..› ......,.. -.... til ...., 9:40% C) t.P..,„ . ... ... ... -„, ..... ,... -...., ,--.... .. , . . _ „... . \ ,..7 .,_-.--.•'- ., .„... ..,.._ lib, .. •-,.„, . . ..- ,-... -.._ .... .,_ ..... .,... tio. CL. / ... ....., i / i / / , , ..)/, / ./ ...„ --.....„ ,„,... --„, --- eA p --.., , .p., „ .....„.. V, -.../ -„.. --._ -..„ --.„. -„..„ -_, --„,. N ......,..:,..„, / na •-„, /Ni'"N, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KODU, LLC [Applicant] FAIRFAX SIXPLEX, LLC [Property Owner] Conditional Use Permit (Motor Vehicle Sales) 1165 Lynnhaven Parkway (GPIN 1486909402). COUNCIL DISTRICT — ROSE HALL MEETING DATE: November 7, 2017 • Background: The 25,350 square-foot site is currently developed with a dry cleaning business. The applicant proposes to convert the site to an auto sales operation, and as such, requests a Conditional Use Permit for Motor Vehicle Sales. No auto repair is proposed in conjunction with this request. The asphalt on the south side of the building is proposed to be expanded to create additional display area for the vehicles for sale. • Considerations: The existing non-conforming freestanding sign will be replaced with an eight-foot tall, monument style sign with a brick base. Other than painting the roof, no changes are proposed to the exterior of the building. The required plantings will be installed, providing some aesthetic upgrades to the site. While auto sales along this portion of Lynnhaven Parkway is very limited, it should be noted that a Conditional Use Permit for Motor Vehicle Sales was approved in 2012 for the adjacent site to the north; however, the Conditional Use Permit was never acted upon. Further details pertaining to the application, as well as Staffs evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, with one abstention, to recommend approval of this request. 1. When the property is redeveloped, it shall be in substantial conformance with the exhibit entitled, "Conceptual Site Layout — Prepared by Staff," which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. No vehicles for sale shall be parked outside of the designated display area, as depicted on the plan identified in Condition 1 above, including within the 22-foot common easement along Lynnhaven Parkway or within the right-of-way. KODU, LLC Page 2 of 3 3. All vehicles for sale shall be located 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. 4. A Landscape Plan shall be submitted to the Development Services Center of the Planning and Community Development Department for review with and ultimately approval prior to the issuance of a Certificate of Occupancy. 5. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 6. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 7. There shall be no auto repair or service on the site. 8. There shall be no outside audio speakers for any purpose. 9. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 10.There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. The building signage shall not be a "box sign," but rather either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 11.The existing 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)feet in height measured from the ground to the top of the sign. KODU, LLC Page 3 of 3 • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. II Submitting Departure• • gency: Planning Department --1-2aAA City Manager: qi Applicant KODU, LLC Agenda Item Property Owner Fairfax Sixplex, LLC Public Hearing October 11, 2017 3 i City Council Election District Rose Hall Virginia Beach Request is Conditional Use Permit (Motor Vehicle Sales) '''0,4,,,,, e Staff Recommendation 6„, 6 °w -'rrr Approval G� ° �°,,, �6( >75 dB DNL o J6 '° y , SQ, 0 Staff Planner t"6,4 'APZ7 ��°°� °"<bb Jonathan Sanders 70-75dBDNL 46,S, ``O4, 6570 dB DNL Location o , w4.4a.� ``\ 1165 Lynn haven Parkway �" ° GPIN 1 •" , °°° 1486909402 `'� , z Site Size AFF ':. \ 25,350 square feet AICUZ 70-75 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District r- '" - `� ,t ' ', Dry cleaning business/ B-2 Community Business e. • Surrounding Land Uses and Zoning Districts `" 1. �i North ' 'x ' 404 'N. ' Vacant lot/ B-2 Community Business • '% South cy k • `.' *ref Shopping center/ B-2 Community Business ° ; .� East Z4 \ J•` r ; Lynnhaven Parkway • ' �, ,'! y - s \ Retail/B-2 Community Business / �: West c' J y Self-storage facility/ B-2 Community Business ;' / '' - / 1• ./ '4.•.* / ,;•./4,.-..., , .. , . J 'ih. rig., .';� 6 KODU, LLC Agenda Item 3 Page 1 Background and Summary of Proposal • The 25,350 square-foot site is currently developed with a dry cleaning business. The applicant desires to purchase the property for a used car sales business;therefore, a Conditional Use Permit for Motor Vehicle Sales is requested. No auto repair is proposed at the site. A Conditional Use Permit for Motor Vehicle Sales was approved in 2012 for the adjacent site to the north, but the Use Permit was never acted upon. • No changes are proposed to the exterior of the building other than the painting of the mansard roofline from purple to green. • A 22-foot common access easement exists along the front of the property, along the Lynnhaven Parkway right- of-way. Due to the limitations of this easement,the applicant will not be able to display cars in this area. • The asphalt surface on the south side of the building is proposed to be expanded to create additional display area for the vehicles for sale. This expansion will not require site plan review for stormwater management, as the land disturbance is less than 2,500 square feet. As required by the Zoning Ordinance, display area landscaping will be required to be installed. • The existing non-conforming freestanding sign will be replaced with an eight-foot tall, monument style sign with a brick base. 2 B-2 Z i' Zoning History e� # Request so t f \ 1 CUP(Motor Vehicle Sales)Approved 09/11/2012 a0'` � 2 CUP(Automobile Repair Garage)Approved 04/13/1993 ado i 3 3 CUP(Automobile Repair Garage)Approved 05/11/1987 B-2 N 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. KODU, LLC Agenda Item 3 Page 2 Natural and Cultural Resources Impacts This site is within the Chesapeake Bay watershed. As the property is almost entirely impervious,there do not appear to be any natural or cultural resources associated with the site. Traffic Impacts Street Name _Present Volume Present Capacity Generated Traffic Lynnhaven Parkway 35,806 ADT 1 26,300 ADT i(LOS aa"C") Existing Zoning 2 550 ADT 48,200 ADT (LOS "E") Proposed Land Use -81 ADT Average Daily Trips 2 as defined by 0.6 acres of 3 as defined by a Motor Vehicle Sales 4 LOS=Level of Service B-2 zoned property use 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 Motor Vehicle Sales 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. This request provides an opportunity to bring the property more into compliance with current landscaping and signage standards.These upgrades are described in the summary above. In general, the installation of the required plantings, the removal of non-conforming signage, and the recommended conditions below,will, in Staff's view, not only improve the aesthetics of the site, but will also bring the property in line with many of today's current requirements. Based on these factors, Staff recommends approval subject to the conditions below. Recommended Conditions 1. When the property is redeveloped, it shall be in substantial conformance with the exhibit entitled, "Conceptual Site Layout—Prepared by Staff," which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 2. No vehicles for sale shall be parked outside of the designated display area, as depicted on the plan identified in Condition 1 above, including within the 22-foot common easement along Lynnhaven Parkway or within the right-of-way. 3. All vehicles for sale shall be located 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. KODU, LLC Agenda Item 3 Page 3 4. A Landscape Plan shall be submitted to the Development Services Center of the Planning and Community Development Department for review with and ultimately approval prior to the issuance of a Certificate of Occupancy. 5. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 6. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 7. There shall be no auto repair or service on the site. 8. There shall be no outside audio speakers for any purpose. 9. There shall be no signs which contain or consist of pennants, ribbons, streamers,spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted or attached to the windows, utility poles,trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs,or electronic display signs on the site. 10. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. The building signage shall not be a "box sign," but rather either externally lit or constructed of raceway-mounted channel letters with L.E.D. illumination. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 11. The existing 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)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. KODU, LLC Agenda Item 3 Page 4 Existing Site Layout WE HEREBY DECLARE THAT ON JUNE 26, 2017 WE SURVEYED THE PROPERTY SHOWN HEREON, THAT 111E TITLE JNES AND THE WALLS OF THE BUIlDING(S)ARE AS SHOWN, EALTH of THAT THE BULDINC(S) STARD STRICTLY WITHIN THE TITLE ONES AVD THERE ARE NO 7+40f1 `I ENCROACHMENTS OF OTHER BUILDINGS ON THE PROPERTY EXCEPT AS SHOWN, AND THAT O �0 THE PRINCIPAL STRUCTURES SHOWN APPEAR TO FALL WRHSN ZONE X,AS SHOWN ON THE , i) F. +,�, FEDERAL EMERGENCY MANAGEMENT AGENCY, FL000 INSURANCE RATE MAP FOR THE CITY p F'AUJRr[f(, ,IR."' STATED BELOW.COMMUNITY MAP 1515531 0112 G AND LAST DATED JANUARY 16, U A 2015 ,, Llo. No. 1698 AMERICAN ENGINEERING - BY: _4,� � / l4NO SURVS4' NOW OR fORMERLY ABC MINI WAREHOUSE CO GRE RUN S. 4' GPM: 1486-90-6901 ,*,\E• (INSIR. Na 17520060121 2.PG.70008(17480 \ t ) F-G�9�� 1 20'UTILITY EASEMENT--- c14 E N31'31'46'E 81,82' . i c '/ - fl ASPHALT LOT 9 LOT$ a� I IN 33� , o•I LIII.,- • g ro 1)d, I' x'6,1" II •_—, N > F.', ,n g SSW Ei c 24 A .M Iii■s91.9^— >, . 5? • n, .., • 'Z001S- 5.2' moot o K' ` o . 1- 116 ASTr14LT N A 4 s • / 01 . 132' crY v/- vi II M - REMNNOER Of I 22'COACCESS EASELEM' ______ !21r �1( 149.PG 37) C. MAT tMUON � S35'22'39'yy 81.33, S31'20'05'w 93.20' o>. S, 0 LYNNHAVEN PARKWAY (VARIABLE WIDTH R/W) VDOT PROJECT 0000-134-132 RW-201 C-501 (M.B.117,PG. 124){INSTR.No.20060421003602480) PHYSICAL SURVFY OF LOTS 889, SUBDIVISION OF C ROGER GIBSON AND JACK D GIBSON PROPERTY AMERICAN 1165 LYNNHAVEN PARKWAY VIRGINIA BEACH,VIRGINIA Engineering {{ FOR Arrencan EngineeNg Assocates-Southeast.PA Inc.F TAYLOR CONSTRUCTION LLC 448VYang Orive,Suite 1Y C. Viry.nia Beads,VA 23452 757168-6800 Dote Pro'ect Scole Drown 91 Source Drowin4 Path\Nome, Lo tout 06/30,/17 V17076 1'-40' JPP M.B. 124, PG. 54_V..\2017\17076-Zook Lnriarst\,C1CArven\1]076.097,001 KODU, LLC Agenda Item 3 Page 5 Conceptual Site Layout— Prepared by Staff __ i Display area i ASPHALT n r' 111 LOT 9 LOT 8 1 �4� �cq o; rya Display a a to N „,,4Cao A Qs ^ f ... . , 1. f-- 7 c(.r v arT�' / Ito a 02 0) , 0 ?�ti 16.101.8:8.4 .1 p >-(A"" cM” Ocet O O a A c"- N _i 2i + _ 9 ~ SSMH Q Q � . O� 40 / f0 , 'is: ssco a-fig N a o `� __0.1._ 51.r cn _ W o 4' A„,,, Ii v a- a o Q r9 rn " CD 41 0 d co •Q (`p 432 O } ro i a of To remain vegetated Q P' Al - REMAINDER OF Q To vehicles permitted / 22' COMMON //fi;fr N - I ACCESS EASEMENT N.B. 149, PG. 32) 5-foot wide landscape roposed new • area with evergreen shrubs J,*,, Monument sign _ planted 5 feet on center I.33`�`1 S31'20'05"W 193.20' Lynnhaven Parkway KODU, LLC Agenda Item 3 Page 6 Site Photos ZOOTs .els,. •• III t • i I i ,-__:___ ... I, ...Ile • • l '' i'' ;��� I y4 ZCX:ris Voted Best Dry Cleaner A. , .4 „o' ...._ , . . ._ . . . . . . . . . . ., , , ___ -T1IRU SAYINGS AT OTSVA•C014 �. F , /: I y \N / / -- - • or. .....„... . ,._,... _ r.. 411 KODU, LLC Agenda Item 3 Page 7 Disclosure Statement NB Virginia Beach APPLICANT'S NAME KODU, 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 anion 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 • s The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE Page 1 of 10/24/17 IS Jonathan Sanders KODU, LLC Agenda Item 3 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:KODU, LLC If an LLC, list all member's names: Wiliam Dudley, John Henson, John Kobe!ski, Mark Taylor 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 relationship with the Applicant: (Attach list if necessary) The Grounds Guts of Virginia Beach, LLC, Atlantic Systems Consulting, LLC, Southside Auto Sales, LLC,Andromeda Systems, Inc. See next page for Information pertaining to footnotesI and 2 • a SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Annllrant. • Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the pROPFRTY OWNFR isa corporation, partnership, firm, business, or other unincorporated organization,AND THEN complete the following. (A) List the Property Owner's name:Fairfax Sixplex, LLC If an LLC, list The member's names:Douglas Shepherd,Carl Hartman Page 2 of 7 KODU, LLC Agenda Item 3 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 haw 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 toting power of another corporation: See State and Local Government Conflict of Interests Act.Va. Code§2.2-3101. 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, 0i)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or ontrol between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantial&the same person own or manage the two entities:there are common or commingled hinds or assets, the business entities share the use of the sane offices or employees or otherwise share activities, resourtes or personnel on regular basis: or there is otherwise a close working relationship between the entities.' See Stateand Local Government Conflict of Interests Act. Va.Code§ 2.2.3101. • a SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 KODU, LLC Agenda Item 3 Page 10 Disclosure Statement APPLICANT vro'Virginia Beach VES NO SERVICE PROVIDER fuse additional sheets if needed) I�1 lel Accounting and/or preparer of I Vel your tax return ❑ lel Architect/Landscape Architect/ l�V Land Planner ❑ - Contract Purchaser(if other than ��� the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ ® Construction Contractors ��, ❑ Engineers/Surveyors/Agents American Engineering Financing (include current Towne Bank B Unron Bank mortgage holders and lenders ❑ selected or being considered to provide financing for acquisition or construction of the property) in ® Legal Services Real Estate Brokers/ SL Nusbaum ® ❑ Agents/Realtors for current and anticipated future sales of the subject property 4 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an Interest in the subject land or any proposed development contingent on the subject public action? If yes. what is the name of the official or employee and what is the nature of the interest? Page 4 of KODU, LLC Agenda Item 3 Page 11 Disclosure Statement B Vbdobn's& CERTUCA1V W I certifythat all of the information contained in this Disclosure Statement Form Is complete,nue,and accurate. understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting,or meeting of any public body or committee in connection with this Applicatio yam/ /�//W/ ,,/(ylf .dFKwr�'s5mu gUMxaas dslF Page 5 of 7 KODU, LLC Agenda Item 3 Page 12 Disclosure Statement OWNER vlcginaBeach YES NO SERVICE PROVIDER Om addidenu sheets If needed) ❑ ® Accounting and/or preparer of your tax return n ® Architect/Landscape Architect/ Land Planner ❑ ® Contract Purchaser Of other than the Aoolicant)-identify purchaser and purchasers service providers Any other pending or proposed I�I ® purchaser of the subject property I I (identify purchaser(s)and purchaser's service providers) ▪ ® Construction Contractors ElZ Engineers/Surveyors/Agents Financing(include current TowneBank ® ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ▪ ® Legal Services Real Estate Brokers / ® Agents/Realtors for current and anticipated future sales of the subject property a a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NODoes 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 KODU, LLC Agenda Item 3 Page 13 Disclosure Statement wpm•bort cERTIMUTN: 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 an, responsible for updating the information provided herein two weeks prior to the Planning Commission. Coved!, VEDA meeting, Or meeting of any public body or committee In connection with this Application.- fl, A spi-) Dela Sflage-gb s-za-rT morta OaxEe55KNaNR PRINT NAME DATE Page 7 of KODU, LLC Agenda Item 3 Page 14 Item#3 KODU, L.L.C. Conditional Use Permit 1165 Lynnhaven Parkway District 3 Rose Hall October 11,2017 CONSENT An application of KODU, L.L.C. for a Conditional Use Permit (Motor Vehicle Sales)on property located at 1165 Lynnhaven Parkway, District 3, Rose Hall. GPIN: 1486-90-9402-0000. CONDITIONS 1. When the property is redeveloped, it shall be in substantial conformance with the exhibit entitled, "Conceptual Site Layout—Prepared by Staff,"which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 2. No vehicles for sale shall be parked outside of the designated display area,as depicted on the plan identified in Condition 1 above, including within the 22-foot common easement along Lynnhaven Parkway or within the right-of-way. 3. All vehicles for sale shall be located 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. 4. A Landscape Plan shall be submitted to the Development Services Center of the Planning and Community Development Department for review with and ultimately approval prior to the issuance of a Certificate of Occupancy. 5. There shall be no storage of tires, merchandise,or debris of any kind outside of the building. 6. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 7. There shall be no auto repair or service on the site. 8. There shall be no outside audio speakers for any purpose. 9. There shall be no signs which contain or consist of pennants, ribbons, streamers,spinners,strings of light bulbs, or other similar moving devices on the site or on the vehicles.There shall be no signs which are painted, pasted or attached to the windows, utility poles,trees,or fences,or in an unauthorized manner to walls or other signs.There shall be no portable or nonstructural signs,or electronic display signs on the site. 10. There shall be no neon or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows,or on the doors. No window signage shall be permitted. The building signage shall not be a "box sign," but rather either externally lit or Item#3 KODU, L.L.C. Page 2 constructed of raceway-mounted channel letters with L.E.D. illumination. A separate sign permit shall be obtained from the Planning Department for the installation of any signage. 11. The existing 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)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 3. Dave Redmond: I will be abstaining from agenda item 3. I am listing this property for sale around the corner at 3336 Holland Road. Ronald Ripley: I am a member of the Towne Bank Advisory Board in Chesapeake and this is an application that discloses Towne Bank as their lender. I will be voting on this matter since I have no interest in the application and Towne Bank is not the applicant and since the Planning Commission is advisory and has no control over the final decision, I will be voting on this application. Mike Inman: I am a member of the Towne Bank Advisory Board. I have no interest in the application and since Towne Bank is not the applicant and since the Planning Commission is advisory and has no control over the final decision, I will be voting on this application. AYE 9 NAY 0 ABS 1 ABSENT 1 HODGSON ABSENT HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND ABS RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 9-0-1,with the abstention so noted,the Commission approved item 3 for consent. William Dudley appeared before the Commission on behalf of the applicant. \ kt- . \ , re---------' \,-A 1-\\ - -- -----W , . _.. .. , . _ \ '• --Ce ., 0 , , . re \ III ,----- t ,_--____••- ____\ Wo II---11____I \ , --,-_--- -- -,- ,..:•- ------- ---- \ ,---- ----\, . -.. otte . .. ,,,/ .,,• •------ ------- ____________ , - _----------------1.>c,;I: - , 7 ` ---.. --- _- - ---- .- - 7 1-1-------' '' _,_-_--- ____ __--- - _- --- jaalt .T. -- --------- - Z. . . . I . . . /CeA --- --WION LC)• -,-- ---* , tr) • \ ' W _- • ._.-.-. -.,,.-_. Z'\/ ' (\ • \\ \ ..:\ MO... 0 0' 44 111011111111 (14 . (1)„ a .. . \ , ,. • ..F., 11110111 . r, \ ,__.-- . . , ._. , \ •.--- . _ \ .. .---- ........0000 ,•.-- ,-_ . , '. 8 • . '., \ \\\ .__ • ._ --- % --- ' 0--7.- ',„ ‘• ',.._-•- ---- IX ... .. ... . ..,„ .____•-- . •.' , \ .._. _. _.__-•,-- ,........, \ . • \ I --.- ---- - . 0 ,... _-,- ' .-. --'---'-'-- -.- Xli r) Z tte all r%'- 1000011_,,__---.- -..- ------ ___.--•...--- i N* .----.---. ••••• . , \ \ , ,, \____3. ________p.----03 leu% -,---- ----- . , . . , . . 0 . r: , •-,--- . .,__________------- ,...__ , ,--- z „ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RHETT REBOLD [Applicant] DERRICK BORTE [Property Owner] Conditional Use Permit (Craft Brewery & Open-Air Market) 505 18'^ Street (GPIN 2427071188). COUNCIL DISTRICT— BEACH MEETING DATE: November 7, 2017 • Background: The applicant is proposing to occupy the existing building with a 10-barrel craft brewery. In addition, one food truck is proposed to operate on the site from time- to-time during the craft brewery's typical hours of operation. For these proposed uses, Conditional Use Permits for a Craft Brewery and an Open-Air Market are requested. The existing building is 2,600 square feet with 1,600 square feet being proposed as seating and a small stage open to the general public. The remainder of the space will be used for restrooms, circulation, and service. A 200 square-foot outdoor seating area is proposed in front of the building. An additional 400 square-foot outdoor seating area is also proposed on top of the one-story addition. The exterior of the existing building and the northern addition will be repainted as shown on the submitted architectural exhibits. Noise barrier walls and vegetation will be installed between the proposed outdoor seating areas and the northern and western property lines. Large movable planters will border the front outdoor seating area. Bicycle racks will be provided for up to 20 bicycles along the front property line. Four vehicular parking spaces will be accessible from a public alley. Proposed hours of operation are from 11:00 a.m. to 10:30 p.m. Monday through Thursday, 10:00 a.m. to 12:00 a.m. Friday and Saturday, and 12:00 noon to 10:00 p.m. on Sundays. • Considerations: The subject site is located between a 76-unit apartment project, that is currently under construction, a detached house, and a six-unit row-house and detached house project that has recently started site demolition. To ensure that the adjacent residential uses to the north and west are not negatively affected by the proposed use, noise reducing walls and landscaping will be provided along the outdoor seating and congregating areas and where the food truck will be parked. After Planning Commission, the applicant worked closely with the adjacent property owner to the north to ensure the design of the wall sufficiently screens her property. As prohibited by the Zoning Ordinance, the applicant understands that no live music will be played outdoors. Music may be played indoors between the hours of 10:00 a.m. and 10:00 p.m. Rhett Rebold Page 2 of 4 The limited hours of music and operation, as recommended by Staff and as required by the City Zoning Ordinance, result in a use that is more compatible with the adjacent residential uses than a number of by-right uses, such as a restaurant that may serve alcohol, beer, and food beyond midnight. The four existing on-site parking spaces will be made available to customers; parking to the north of the building may be available to employees only. The applicant has submitted a parking study to the Zoning Administrator that identifies a sufficient number of off-site parking spaces within two blocks of the site, in order to meet the parking requirements of Section 203 of the City of Virginia Beach Zoning Ordinance. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 9-1. 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the improvements to the site shall be substantially as shown on the submitted Proposed Conceptual Renderings, Proposed Conceptual Floorplan, and Proposed Conceptual Site Layout. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 2. To limit turn-around traffic in the alley, a sign shall be posted between the southeast corner of the building and 18th Street, communicating that there is no parking available to patrons north of the building. 3. Walls and landscaping shall be provided between any outdoor seating and congregating area that dampen, reflect, or absorb noise from negatively impacting adjacent residential properties. Said walls shall be comprised of quality material(s) of similar quality and appearance to wood, metal, or concrete and evergreen plants. Rhett Rebold Page 3 of 4 4. The occupancy load for the Craft Brewery shall be established by the City of Virginia Beach Building Official's Office, and a Certificate of Occupancy shall be obtained prior to operation of the Craft Brewery. Any condition associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions of this Conditional Use Permit. 5. There shall be no sale or consumption of alcoholic beverages on the premises between 12:00 midnight and 10:00 a.m. The hours of operation shall be 10:00 a.m. to 10:30 p.m. Monday through Thursday, 10:00 a.m. to 12:00 a.m. Friday and Saturday, and 12:00 noon to 10:00 p.m. on Sundays. Outside of these hours of operation, the craft brewery and food truck may not operate, unless otherwise approved for a Special Event permit. 6. Live music may be performed only inside the establishment and all doors and windows shall remain closed during such performances, except during the actual ingress and egress of patrons and employees. No music shall be performed earlier than 10:00 a.m. or later than 10:00 p.m. 7. All signage shall comply with the Oceanfront Resort District Form-Based Code. 8. The applicant shall comply with all applicable parking requirements of Section 203 of the City Zoning Ordinance. 9. Unless otherwise approved for a Special Event permit, or other City approval, one food truck shall be permitted to operate in conjunction with the Craft Brewery. 10. A permanent power source shall be provided on-site for the food truck/cart. The operation of the food truck shall not disturb the tranquility of residential uses areas or other areas in close proximity or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic, or overflow parking. 11. All mechanical equipment shall be screened from view from the public right- of-way. The location and screening of receptacles for trash and recycling shall follow the applicable City standards. Any trash receptacles shall be located to the north of the building and screened from view from 18'h Street and adjacent residential properties. The applicant shall schedule deliveries and refuse collection to avoid disturbing the adjacent residential uses. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Rhett Rebold Page 4 of 4 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. I L Submitting De• .rt - i • gency: Planning Departme LI City Manager: AL, Applicant Rhett Rebold Agenda Item Property Owner Derrick Borte Public Hearing October 11, 2017 City of City Council Election District Beach Virginia Beach Requests Conditional Use Permits (Craft Brewery& Open Air Market) :,.„x,,.' to,,0,we.,we. <„ 13 OA Staff Recommendation s Approval "`�x,.<, , Staff Planner ' vwtl' t 6570 de DN L t Kristine Gay & ;,7,dew s 1 S �,hxR 110,Wee Location ,,,«< = 3 505 18`h Street SIh M'„i91,xo'* T99 R GPIN ‘ 2427071188 s "'�smN ....") CO' ",h„R V ,,,Hyl S„«, Site Size s s,"'”"" 2,,,s"*'" `p«< 6,674 square feet 6 Mkv xK« AICUZ 65-70 dB DNL;Sub-Area 1 Watershed Atlantic Ocean Existing Land Use ' ,. -Z�.'' ' - Vis„',.. .c t Indoor recreation, cross-fit gym �` "9• , it Zoning District and Street Frontage Type r Ilk, k OR Oceanfront Resort/ ,., F' Beach Street Frontage Type r ` y f .3.- .11, t y Surrounding Land Uses and Zoning Districts G.Y •�, • - North iy e - ,` Single-family dwellings/ ks R_ i �, '" ' OR Oceanfront Resort �` er: tstr. South � * r — , 18`h Street y -, �:A;=i' a rc - t • Single-family& multi-family dwellings/ illiki ' rt .OR Oceanfront Resorttt r ' " , East a. 1 r++ S'fxt s 2 Single-family dwellings/OR Oceanfront Resort IFS West Multi-family dwellings/OR Oceanfront Resort Rhett Rebold Agenda Item 11 Page 1 Background and Summary of Proposal • The applicant is proposing to occupy the existing building with a 10-barrel craft brewery. In addition, one food truck is proposed to operate on the site from time-to-time during the craft brewery's typical hours of operation. For these proposed uses, Conditional Use Permits for a Craft Brewery and an Open-Air Market are requested. • As shown on the exhibits,the existing building is 2,600 square feet with 1,600 square feet being proposed as seating and a small stage open to the general public. The remainder of the space will be used for restrooms, circulation, and service. A one-story, 600 square-foot addition is proposed to extend from the north facade of the building. This addition will contain a walk-in cooler, malt storage room, and a low pressure boiler room. A 200 square-foot outdoor seating area is proposed in front of the building. An additional 400 square-foot outdoor seating area is also proposed on top of the one-story addition. • The exterior of the existing building and the northern addition will be repainted as shown on the submitted architectural exhibits. The proposed addition will be made of block and use a roofline that is consistent with the existing building. Noise barrier walls and vegetation will be installed between the proposed outdoor seating areas and the northern and western property lines. Large movable planters will border the front outdoor seating area. Bicycle racks will be provided for up to 20 bicycles along the front property line. Four vehicular parking spaces will be accessible from a public alley. • Proposed hours of operation are from 11:00 a.m.to 10:30 p.m. Monday through Thursday, 10:00 a.m. to 12:00 a.m. Friday and Saturday, and 12:00 noon to 10:00 p.m. on Sundays. • 5 OB.____,----OR 1 —OR 116\_ ,i •r..i tOR 1 DR _ OR- QR 1\_ OqOR .. • % , \ No Zoning History to Report OR es7.. OR 7o-s de ct c --0,-- ill er+•` 1 Rl } 1 `1 \ \ o \ R OR 4: ::: \ .. � 1 OR 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 Rhett Rebold Agenda Item 11 Page 2 Comprehensive Plan Recommendations The Resort Area Strategic Action Plan (RASAP), adopted in December, 2008, is the guiding planning policy for land use and development in the Oceanfront Resort District. The RASAP calls for a mixture of compatible resort and year-round uses as well as improved transit and pedestrian connections between destinations, and a transition in use and design from the Resort Area to the neighborhoods Traffic Impacts Street Name Present Volume I Present Capacity Generated Traffic 18th Street No Traffic Counts or Data Available Existing Land Use 1 85 ADT Proposed Land Use 2- 190 ADT 'Average Daily Trips generated by an athletic gym 2 number of pedestrians,bicyclists,and drivers generated by a 1,634 square foot craft brewery tasting room with 1,683 square feet of manufacturing Master Transportation Plan (MTP) and Capital Improvement Program (CIP) 18th Street in the vicinity of this application is considered a two-lane undivided local street. The existing infrastructure currently resides in a 60-foot right-of-way. This right-of-way is not included in the MTP. There is a roadway CIP project slated for this area. 18th Street Infrastructure Improvements (CIP 9-020.018) provides essential connectivity and improved aesthetics for the ViBe District through phased street infrastructure improvements ranging from new sidewalks, LED lighting, bicycle facilities, on-street parking,street trees, crosswalks, accessibility upgrades and associated storm water, utility, and traffic improvements. The 60%design plans were submitted to the City in September 2017 for review. The project will then progress to final design with start of construction scheduled for October 2018. Public Utility Impacts Water The site is currently served by public water. The existing water line should be verified and improved, if necessary,to provide adequate domestic water and fire protection. Sewer The site is currently served by public sewer.The existing sewer service line should be verified and improved, if necessary,to provide adequate sanitary sewer service. Encroachments in the right-of-way may impact a 30-inch HRSD asbestos cement force main which is located immediately north of the site. Rhett Rebold Agenda Item 11 Page 3 Evaluation and Recommendation The subject site is located between a 76-unit apartment project that is currently under construction and a six-unit row- house and detached house project that has recently started site demolition.The property fronts on 18th Street to the south, a 10-foot-wide paper alley to the east, and a 20-foot-wide paper alley to the north. City improvements will remove direct vehicular access to 18th Street from the subject site and replace it with on-street public parking, sidewalk, street trees, and pedestrian lighting. To the east,the existing 10-foot-wide paper alley will be widened to 20 feet in width, and improved as a public 18-foot wide alley, as part of the residential construction project.The four existing on- site parking spaces will be accessed by this alley. To the north,the existing 20-foot-wide alley is currently being used as a construction entrance to the west of the subject site. This alley will be reseeded with turf and privacy fences will be installed for the northern properties. No improvements to accommodate vehicular access to the subject site will be provided in this alley.The applicant has worked closely with city Staff to ensure the proposed use may function before and after all anticipated improvements. To ensure the adjacent residential uses to the north and west are not negatively affected by the proposed use, noise reducing walls with landscaping will be provided along all outdoor seating and congregating areas. This will include the two outdoor seating areas, and any congregating area for the food truck. The applicant has also agreed to permit outdoor music between the hours of 10:00 a.m. and 10:00 p.m. The four existing on-site parking spaces will be made available to customers, parking to the north of the building may be available to employees only. The applicant has submitted a parking study to the Zoning Administrator that identifies a sufficient number of off-site parking spaces within two blocks of the site, in order to meet the parking requirements of Section 203 of the City of Virginia Beach Zoning Ordinance. This proposal will provide a unique year-round use and sustainably reuse an existing building. The limited hours of music and operation as recommended by Staff and as required by the City Zoning Ordinance result in a use that is more compatible with the adjacent residential uses than a number of by-right uses, such as a restaurant that may serve alcohol, beer, and food beyond midnight. Staff finds that the proposed use meets the goals of the Resort Area Strategic Action Plan and recommends approval of the Conditional Use Permits for a Craft Brewery and an Open-Air Market,subject to the conditions below. Recommended Conditions 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review,the improvements to the site shall be substantially as shown on the submitted Proposed Conceptual Renderings, Proposed Conceptual Floorplan,and Proposed Conceptual Site Layout. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 2. To limit turn-around traffic in the alley, a sign shall be posted between the southeast corner of the building and 18th Street, communicating that there is no parking available to patrons north of the building. 3. Walls and landscaping shall be provided between any outdoor seating and congregating area that dampen, reflect, or absorb noise from negatively impacting adjacent residential properties. Said walls shall be comprised of quality material(s) of similar quality and appearance to wood, metal, or concrete and evergreen plants. Rhett Rebold Agenda Item 11 Page 4 4. The occupancy load for the Craft Brewery shall be established by the City of Virginia Beach Building Official's Office, and a Certificate of Occupancy shall be obtained prior to operation of the Craft Brewery. Any condition associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions of this Conditional Use Permit. 5. There shall be no sale or consumption of alcoholic beverages on the premises between 12:00 midnight and 10:00 a.m. The hours of operation shall be 10:00 a.m. to 10:30 p.m. Monday through Thursday, 10:00 a.m. to 12:00 a.m. Friday and Saturday, and 12:00 noon to 10:00 p.m. on Sundays. Outside of these hours of operation, the craft brewery and food truck may not operate, unless otherwise approved for a Special Event permit. 6. Live music may be performed only inside the establishment and all doors and windows shall remain closed during such performances, except during the actual ingress and egress of patrons and employees. No music shall be performed earlier than 10:00 a.m. or later than 10:00 p.m. 7. All signage shall comply with the Oceanfront Resort District Form-Based Code. 8. The applicant shall comply with all applicable parking requirements of Section 203 of the City Zoning Ordinance. 9. Unless otherwise approved for a Special Event permit, or other City approval, one food truck shall be permitted to operate in conjunction with the Craft Brewery. 10. A permanent power source shall be provided on-site for the food truck/cart. The operation of the food truck shall not disturb the tranquility of residential uses areas or other areas in close proximity or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise,traffic, or overflow parking. 11. All mechanical equipment shall be screened from view from the public right-of-way.The location and screening of receptacles for trash and recycling shall follow the applicable City standards. Any trash receptacles shall be located to the north of the building and screened from view from 18th Street and adjacent residential properties. The applicant shall schedule deliveries and refuse collection to avoid disturbing the adjacent residential uses. NOTE: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. Rhett Rebold Agenda Item 11 Page 5 Proposed Site Exhibit aoualy)9IQ `-jj .".i ..I __ 1111 M. 1 1 1 p 1 L 1 1 I1 I4 11111'IIII1 I • — ..—--—--— wawdoRnaa wa'tav W pa ojdwq aq of Afro anm 10-0z ---; r 1 • 1 I � - � 1 WI WS v 1 : =tri- : + 1 , , . ' ,...' N F /1'N'. , 1 I : U= ___) = ' a I + 1 I n / 1 o E $ 1 t I o L • Iv 1 I :•,__ It I ' $ , a C♦ b Rhett Rebold Agenda Item 11 Page 6 Proposed Conceptual Floorplan I! • 4�o .,_._. . ., 1 • ; i 1 I I il i • 2 P A• III M } P1_11 Iti a*sitl 5 5 . � • iM j • 1 Y7I 4 rI : 1 " s - � S - 1 i ... . i da• 'bi x .T`` 1 '! � f . 3, :l ,,F. . I ''ti. e,v, ,' • , i t i • r . 12 II p �$I C .0i i[ Uu 101i Rhett Rebold Agenda Item 11 Page 7 Proposed Conceptual Renderings 11111 I 1111 J I INF I i 1 I II .. ...... .., ..._ ... „I rr, II ` ithf litow .N,,, ,, ,, k,,, ,, ,ililk....1�. t . hi�,�:'�: I i i /;,I/ 'N ' !.‘ )R .�., 1 I DII N I ! 1141 '1 ,it;I ii $fF Rhett Rebold Agenda Item 11 Page 8 Proposed Conceptual Renderings 1111 illi IiI2 ( Hi_ _ 9 IT.. �{•j.illl (r -- IIiir...;;;II" pit,,: 1 Nil., I iii _7___,....,..,...,,,._... ._.; r ._ 4L4 :LII li !Q1 I iw i,:.� 111% Ilk f { J III 1 I 1i • • • , „ , i _r ifial ,i, I 11 I 1 {, ,, f/I r 11! .. , ... Rhett Rebold Agenda Item 11 Page 9 Disclosure Statement APPLICANT'S NAME Rhett Rebold for Vibrant Brewing 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: i Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use I Compliance,Special Investment Program Changes Exception for (EDIP) _ Board or 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 torn) 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 Ana an usr ouu w aim - i. ,•c o.0 r :-� � -, Page I of 7 APrucAN I Nom me or urARINr TT NO CIIANCFS AS Or '.R : 8 `xivnIuNti soemirrro rA'r 10/26/2017 - Kristine Gay Rhett Rebold Agenda Item 11 Page 10 Disclosure Statement 'ii S Beach n Check here If the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. P,q Check here If the APPUCANT /S a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name_Vibrant Brewing LLC: If an LLC, list all member's names: Rhett Rebold if a CORPORATION, list the the names of all officers,directors, members, trustees, etc. below: (Attach list If necessary) (B) list the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 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/S a corporation, partnership,firm, business,or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name:The 505ers LLC. If an LLC,list the member's names: Denick an Page 2 of 7 Rhett Rebold Agenda Item 11 Page 11 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 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 5 2.2-3101. 'Affiliated business entity relationship" means 'a relationship, other man parent-subsidiary relationship, that exists when(I)one business entity has a connoting ownership interest M the other business entity, (li) a contmiing owner M one entity Is also a controlling owner In the other entity,or (111) 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 a'assets;the business entitles share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va.Codes 22.3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the aoolicat)on or any business ooerati% 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 Rhett Rebold Agenda Item 11 Page 12 Disclosure Statement APPLICANT Virginia Beach H I [PLO] L_ SERVICE I PROVIDER tareamens psheers it aeedM) ❑ Accounting and/or preparer of a your tax return ® ❑ Architect/landscape Arctrkect/ Robyn Thomas d RobynThomas Land Planner Architects ❑ _ Contract Purchaser(If other than -- 1.2 the Applkanp -Identify purchaser and purchaser's service providers Any other pending or proposed f�l es purchaser of the subject property I a (identify purchaser(s)and purchaser's service providers) ® ❑ Construction Contractors Randy Thomas of Spacemakers ❑ ® Engineers/Surveyors/Agents • Financing(Include current iMerk Mengs at BEAT Bank n ❑ mortgage holders and lenders ;Rendall Behrens of Live Oak Bards selected or being considered acquisition to provide financing for Rbn or construction of the property) Harry x.Purkey lr.,Esq. aril ❑ Legal Services Ocean Plan Corporate Cr. Real Estate Brokers/ INed Williams,(Harvey Lindsay) ❑ Agents/Realtors for current and i anticipated future sales of the 'r subject property . I SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development WI 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 Rhett Rebold Agenda Item 11 Page 13 Disclosure Statement Virginia Beach CERTIFICATIQN: 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. Thr /l RhettRebold 7!1812017 APPUCANrS SIGNATURE PRINT NAME _ DATE Rhett Rebold Agenda Item 11 Page 14 Disclosure Statement OWNER Virginia Beach YES 17411.71 SERVICE PROVIDER ruse aaahbua sheers If neasA • ® ❑ Accounting and/or preparer of Hugh Barlow of Dixon.Hughes. your tax return Goodman.LLC El El Architect/Landscape Architect/ Robyn Thomas Land Planner - Contract Purchaser(Esther than El 0 tit•Anolkang - 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 Porte Construction 1 N Engineers/Surveyors/Agents Financing(Include current Louis Hubbard of Town Bank(current ® ❑ mortgage holders and lenders mor qe) selected or being considered to provide financing for acquisition or construction of the property) ❑ a Legal Services -Real Estate Brokers/ U ® Agents/Realtors for current and anticipated future sales of the subject properly 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 Rhett Rebold Agenda Item 11 Page 15 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information prose', • herein two weeks prior to the Planning Commission, Council, VEDA me, Inp, or meeting any public body or committee in connection with this A• :l cati•n._ - ' r Derrick Borte 8/02/2017 PROPER• • SIGNATURE _ PRINT NAME DATE Rhett Rebold Agenda Item 11 Page 16 Item#11 Rhett Rebold Conditional Use Permit Craft Brewery& Open Air Market 505 18th Street District 6 Beach October 11, 2017 REGULAR Bob Thornton: The next order of business we will address the remaining matters on the agenda. I would like to ask the Secretary to call the first item please. Jan Rucinski: Okay. Thank you Chairman Thornton. The first item is an application of Rhett Rebold for a Conditional Use Permit(Craft Brewery and Open Air Market) on property located at 505 18th Street, District 6, Beach. Is the applicant present? Rhett Rebold: Yes I am. Jan Rucinski: If you can just state your name for the record and explain your application to us please? Rhett Rebold: Sure. I'm Rhett Rebold. I am applying for a Conditional Use Permit to purchase the building that is currently Red Flag Athletics into a small craft brewery. That's it. Because there will be up to one food truck present also,an open air market, I guess is what they call it. In order to mitigate any kind of noise from generators,which I understand are a concern, I'm going to install a RV hookup so they won't need to run both generators while the food truck is there. Other than that, I accept the conditions in the write up. Bob Thornton: Does anybody have any questions of Mr. Rebold? Ron? Ronald Ripley: During the informal meeting, we talked about the nuisance to the adjacent property owner,and there was a resident that is located to the rear of your property, she opposed the business and she couldn't stay. She had to leave. Have you spoken with everybody that is immediately around you about what you planned to and perhaps you might make the sound and create an environment that everybody can live together? Rhett Rebold: Yeah. Actually, I have talked to some of the businesses that are around the area but I haven't talked to everyone around there. I've been talking to the Planning Department and we discussed ways to mitigate any kind of noise with outdoor seating,that sort of thing. In fact, I think the planner suggested a visible barrier in the front,to the west? And also in the back to the west and also to the north, hopefully that would mitigate some of the noise that Kathy Owens is concerned about. I just met her and I was sitting next to her in the earlier meeting this morning. Ronald Ripley: So did you have a chance to talk? Rhett Rebold: Yeah. Yeah. It is a deeper subject than that but yeah. Ronald Ripley: It would help you to defer this and talk to her about it and see you can come to some sort of resolution before it goes beyond here? Item#11 Rhett Rebold Page 2 Rhett Rebold: I mean,within tolerance, I am willing to mitigate it in ways that are mutually acceptable, so; I rather not,for various reasons put this off. I am flexible in ways to mitigate that. Ronald Ripley: Okay. Thanks. Rhett Rebold: Are there any other questions? Mike? Mike Inman: I'm looking at Google maps where you're going to put a new addition on the building, which is going to be on the back. Rhett Rebold: Right. Mike Inman: Are you aware there are a number of residences along that you back up to that and you think that the sound attenuation will be sufficient? Rhett Rebold: Well,they are there. I think we're talking about two visual audio walls and maybe some landscaping being proposed in that area. Right now, I guess it is kind of a paper alley,which is overgrown and actually there is some nice shade trees back there currently. So, maybe that can be enhanced or with mutual kind of agreement with that landowner,with Kathy? I think you guys know each other. Mike Inman: Yeah. I was just concern. So what are the hours of operation for that rooftop? Rhett Rebold: It is proposed to be open as late as 10:30 and as late as midnight on Friday and Saturday, and it is consistent with the Craft Burge bar, I think it is open until midnight every night of the week. Esoteric is open until midnight Friday and Saturday night. Bob Thornton:Are there any other questions? Thank you. There is no one else to speak? Jan Rucinski: There are no other speakers. Bob Thornton: We can close the public hearing and discuss it amongst ourselves. Mike Inman: I'm wondering if we can get some indication of how notices were sent out. Who qualifies as an adjacent land owner that gets notice of this application? Kristine Gay: Kay, do you want to answer that question about advertising? Kay Wilson: Go ahead Kristine. Kristine Gay: I know that Kathy, I just spoke with her in the hallway, and she did receive the adjacent property notification letter. She hadn't been able to access the report. She couldn't find it on the website but we did just go through it outside,and we spoke about how to revise the requirement to have a visible barrier, and she felt comfortable meeting with myself,and Rhett to come to more definite design solution between now and City Council. Beyond that she didn't have any other concerns and she felt comfortable working with us. Mike Inman: It really didn't totally answer my question. I am sort of concerned about all the residences that I saw from Google earth or map that seem to be easy hearing distance, I would say, of this Item#11 Rhett Rebold Page 3 proposed new top deck. That is my concern. Not just one property owner. Kay Wilson: Notification is all those properties that touch this property. I believe we also go across the alley so even there is a small alley,we go across it. You are not going to go down,you're going to go across the alley because that is where you extended it, but you don't go down. You only hit those properties that touch the property. Bob Thornton: Okay, so the question is for us to consider this application does anybody have a major concern over the extension the expansion on the back is where there is going to be an outdoor patio and a place to have food and beer. Is that correct?That is the way the drawing depicts that. So,the second floor of that addition will be an outdoor venue.So the question to this body is does anybody have a problem with this application,subject to ask staff,and the applicant and the Kathy, the lady behind modifying recommended condition#3. If we're comfortable with the staff and the applicant and one neighbor working this out, are we at a point where we can make a motion and vote for this? If so, somebody make a motion. Dave Redmond? Dave Redmond: Mr.Chairman, I move approval of the application. Bob Thornton: Thank you Dave. Do I have a second? Don Horsley: Second. Bob Thornton: Mr. Horsley has seconded it. We're ready to vote. Thank you Kristine for catching up with us on that ... AYE 9 NAY 1 ABS 0 ABSENT 1 HODGSON ABSENT HORSLEY AYE INMAN NAY KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 9-1,the Commission has approved the application of Rhett Rebold. Bob Thornton: Pardon me. Thank you. 90 Item—VII-1.2a PLANNING ITEM 067482 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ALLOWED WITHDRAWAL, BY CONSENT: Ordinance upon application of GRACE BIBLE CHURCH OF VIRGINIA BEACH, INC. and MARY H. SMITH, TRUSTEE OF THE MARY H. SMITH REVOCABLE TRUST,DISTRICT 7—PRINCESS ANNE: a. Conditional Change of Zoninnfrom AG-2 Agricultural to Conditional 13-2 Community Business APPLICANT REQUESTED WITHDRAWAL and DEFERRED TO NOVEMBER 7, 2017,BY CONSENT: b. Conditional Use Permit re a religious use at 2285 London Bridge Road Voting: 11-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr.. John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: None ,-- - 04----1 1.--Er.----1-1- _,. --. -.. ar . i.....,,i 0 / .----/ 1 - . \ \ a \ a / 7' \ ..,.... I / a \ %..: 1.. b i 1 i_,L-T-.-_-3\_ -1. ----] \ -- 8 i FL------- . . A_ i -6; \--1--:\---„"1 */1 .)\ \\ 0\13. 1k\., 046 \--.4 . V A. . \ \ Nlim . Ck i 73 i ‘ \ 0 -I 1 b1/4 to,r 1 2 (1 ---44-i----,. . . % ,,,s---) Qt-- -----,__, • ,...„, 7 - I • ---, , i 4, -, \ . ,,,,,..- / 03 A, -.- ,/ i-,.) \ ,:.\\N, 41 4,1„ / i 4 ,_, \ , --_-) -,4Wlit L./. 'It II .-44W , . • ll - - ...% -.`,. ... ‘ . . .'••--t •----,-.3. '''''..."-'',,, . ---/..,.... 1 i'''...1 *."-...--.<1 '-'.- / / 0 ..-i k... -? ( '.-----`'i ''. 1 -*--.' -',_ -."'-`,.. / 4f: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GRACE BIBLE CHURCH OF VIRGINIA BEACH, INC. [Applicant] MARY H. SMITH, TRUSTEE OF THE MARY H. SMITH REVOCABLE TRUST [Property Owner] Conditional Use Permit (Religious Use) 2285 London Bridge Road (GPIN 2405702584). COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: November 7, 2017 • Background: The 20.9-acre farm site is currently zoned AG-2 Agricultural District. In 1975, a Conditional Use Permit for a Riding Academy was approved for the site. The applicant is requesting a Conditional Use Permit for a Religious Use. The original request also included a Conditional Rezoning from AG-2 Agricultural District to Conditional B-2 Community Business District for 6.3 acres along London Bridge Road. Upon being asked if there was a desire for the Planning Commission to consider each application separately, the applicant's representative requested that both applications be considered together. As a result, the Commission voted to recommend denial, with a vote of 7-3. On September 22, 2017, the applicant's representative sent correspondence requesting a withdrawal of the Conditional Rezoning application from the City Council's October 3, 2017 agenda. At the request of the applicant, the City Council deferred the Conditional Use Permit application for the Religious Use at the October 3rd meeting. Since the deferral, the concept plan has been revised to depict a reduction in acreage for the church from 14.6 acres to 13.8 acres. The revised plan can be found on page 12 of the attached Staff report. The concept plan continues to depict a 31,000 square foot church with 600 seats in the sanctuary, as well as a 335-space parking lot. The applicant proposes to install streetscape landscaping, adjacent to London Bridge Road, along the 150-foot wide frontage. • Considerations: As the site is within the 70-75 dB noise zone, new residential uses for discretionary requests are deemed incompatible with flight operations at NAS Oceana. The Conditional Use Permit for a Religious Use is recognized as a compatible use, as set forth in Article 18 — Special Regulations in the Air Installations Compatible Use Zone (AICUZ) of the Zoning Ordinance. Several stormwater management facilities are depicted on the concept plan. The Development Services Center has reviewed the preliminary stormwater strategy and concluded that it will likely comply with the requirements for the site. Grace Bible Church of Virginia Beach, Inc. Page 2 of 2 No specific concerns were raised by the Planning Commission, or by the 11 speakers at the August Planning Commission, regarding the Conditional Use Permit for the church. Further details pertaining to the request, as well as Staffs 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 denial of this request by a vote of 7-3. 1. When the church site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "Conditional Use Permit Exhibit — Landscape Plan," prepared by American Engineering, dated 04/28/2017, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the elevations entitled, "Grace Bible Church Red Mill Campus" prepared by Visioneering Studios, which have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 3. The freestanding sign for the church shall be a monument style sign, with a total height not to exceed eight feet, and shall be in substantial conformance with the sign depicted on the exhibit entitled, "Grace Bible Church Freestanding Sign," in terms of materials and color scheme. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. All signage on the site shall meet the requirements of the Zoning Ordinance. 4. The applicant shall obtain all necessary permits and inspections from the Planning Department Permits & Inspections Division and the Fire Department. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. I Submitting De• m= gency: Planning Departmerttl City Manage bjei Applicant Grace Bible Church of Virginia Beach, Inc. Agenda Item Property Owner Mary H. Smith, Trustee of the Mary H. Smith 1Revocable Trust D3 Cityot Public Hearing August 9, 2017 (Previously Deferred on July 12,2017) Virginia Beach City Council Election District Princess Anne Request e x Conditional Rezoning (AG-2 Agricultural to Conditional B-2 Community Business) ii >75 dBONL Conditional Use Permit (Religious Use) v4 6 ts Staff Recommendation ,%" Approval . s 4 70-75 dB DNL S 11111, 'vim Staff Planner W�'K���.. 'am�„w,0,me I g. Jonathan Sanders { �WPan. ml. hbt�� . -I--AJ',,' Location f W o "'w' •L't r, 2285 London Bridge Road -4, ,m,Y�*dn•e G,�Y� 7 `�c GPIN 65.70 dBONL 6 2405702584 Site Size 20.9 acres AICUZ 70-75 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District r - . , Horse farm/AG-2 Agricultural -t P ri;,nd.n ,� .M . , "i Surrounding Land Uses and Zoning Districts .'" ,' -1, �; L,' . North ' .�r5 ' London Bridge Road -• ti `j` , Office,farm/AG-2 Agricultural, 0-2 Office 4 I A South • , �'� +YA.n4. .' ,0-• South Z Single-family dwellings/R-10 Residential c- N. �, �„ '�' , �• ' �' East � • 4.! ir1 f . : i " Single-family dwellings/ R-10 Residential ..-4's•• . ,- ti., , • �, r ..t•j, ' West '' eirwZ A" ° - ti' • 1:ir �''4 Win Bkanch.eirclel • ``,.'. iv ... Pin gt.an Open space/P-1 Preservation •r'ib't• i . 'y 1 '1, - +'J- Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 1 Background and Summary of Proposal • The Planning Commission deferred this application during the July 12, 2017 public hearing. The purpose of the deferral was to allow the applicant time to consider revisions to the plan and to the proffers in order to respond to concerns expressed by the Planning Commission.The principal concerns were related to (1)the number of ingress/egress points along London Bridge Road (Traffic Engineering recommends two rather than the three proposed in order to accommodate the geometrics of the required turn lanes), (2)the prohibited uses on the proposed commercial properties, and (3)the ability of eating and drinking establishments with a drive through to be located on each of the commercial sites. In response to the concerns, the applicant has modified the proffers and the proposed plan as follows: 1. Limiting the hours of operation of the businesses on the commercial sites to between the hours of 6:00 a.m. to 11:00 p.m. 2. Excluding additional uses on the proposed commercial parcels to include: • Grocery stores, carry-out food stores and convenience stores in a structure greater than five thousand (5,000) square feet; • Grocery stores, carry-out food stores and convenience stores all being both freestanding and in a structure with a gross floor area of less than five thousand (5,000) square feet; • Grocery stores, carry-out food stores and convenience stores any of which are not freestanding but in a structure with a gross floor area of less than five thousand (5,000) square feet; • Automobile repair garages and small engine repair establishments; • Automobile service stations; • Bars or nightclubs; • Borrow pits; • Craft breweries; • Craft distilleries; • Recreational and amusement facilities of an outdoor nature; • Tattoo establishments; and • Mini-warehouse/Self-storage. 3. Limiting the number of eating and drinking establishments with a drive through on Parcels B, C and D to no more than two total between the three sites. 4. Prohibiting eating and drinking establishment with a drive through and prohibiting a car wash on Parcel E. • The 20.9-acre farm site is currently zoned AG-2 Agricultural District. In 1975, a Conditional Use Permit for a Riding Academy was approved for the site. • The applicant is requesting a Conditional Use Permit for a Religious Use on the southern 14.6-acre portion of the property (Parcel A), and a Conditional Rezoning to Conditional B-2 Community Business District on 6.3 acres along London Bridge Road, in order to create four commercial parcels (Parcels B, C, D & E). At this point, specific uses or site layouts have not been submitted for the proposed commercial lots. • Vehicular ingress/egress is proposed at three locations along London Bridge Road, which will provide shared access to all of the parcels. Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 2 • A proposed church is depicted as a 31,000 square foot building with approximately 600 seats in the main sanctuary space.The contemporary façade of the church is proposed to be constructed with an exterior of primarily an Exterior Insulation Finishing System (EIFS)with a masonry foundation and a flat roof. Architectural accents of metal coping and aluminum framed windows with insulated glass are proposed. • The applicant has submitted a rendering of a proposed 10-foot high monument sign for the church. Staff supports the design of the sign, but recommends a condition that it not be taller than eight feet. • The concept plan reflects 335 parking spaces on the church property, exceeding the 120-space minimum parking requirement of one parking space for every five seats in the sanctuary. • As the uses are not finalized related to the four proposed commercial sites,the proffer agreement will require that the elevations of these future buildings be designed to exceed the minimum standards of the Retail Design Guidelines. • A large, shared stormwater management facility is proposed to capture and treat the stormwater from the entire 20.9-acre site. • The site is impacted by the 70—75 dB noise zone and new residential uses are not compatible. • A submitted concept plan depicts street frontage plant material along London Bridge Road. The plan depicts a Category VI buffer, which is a solid privacy fence at least six feet in height with evergreen shrubs in a 25-foot wide area, along the eastern property line of Parcel E, rather than the required Category IV buffer, which is a mix of trees and shrubs within a 15-foot wide area. The applicant believes that the installation of a fence will enhance the screening of the future commercial use from the adjacent residential neighborhood. Category IV landscaping is proposed around the rear of the parking area of the church,which will be a mix of trees and shrubs within a 15-foot wide area. a ! • N. A {' *yc^ /13-201 ie ae •-" .{f AG_2 owe R-2o ' Zoning History R. # Request -,_ / 1 CUP(Riding Academy)Approved 02/10/1975 4�� jti 2 2 CRZ(R-20 to Conditional 0-1)Approved 12/09/2008 R-1C - 3 CUP(Recreation)Approved 07/08/2008 r cTG y,.nl.len' Q °''" Rio t. 1 F L a A Etre, 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 Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 3 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 Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. There is a forested section on the western portion of the site that will remain as a wetland area on the proposed plan. There are no known significant cultural resources related to this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic London Brid a Road 21,240 ADT' 28,200 ADT'(LOS 4"C") Existing Land Use 2—176 ADT g 30,600 ADT'(LOS 4"D") Proposed Land Use 3—3,740 ADT 'Average Daily Trips z as defined by 14.6 acres 3as defined by 6.3 acres of B-2 zoning 4 LOS=Level of Service AG-2 zoned land and an approximately 30,000 square foot church Master Transportation Plan (MTP) and Capital Improvement Program (CIP) London Bridge Road in the vicinity of this site is a four-lane divided minor arterial suburban roadway. London Bridge Road has a variable width right-of-way, and the MTP shows a divided roadway with a bikeway and an ultimate right-of- way width of 100 feet. The conceptual plan submitted with the rezoning application shows an existing median opening on London Bridge Road where one access is proposed. It should be noted that no additional median openings will be permitted on London Bridge Road. A traffic signal bond will be required at the site plan submittal stage for the church and each of the four outparcel sites,with the amounts to be determined based on traffic generation for the specific outparcel land uses. Public Utility Impacts Water There is an existing 10-inch City water main along London Bridge Road. The site must connect to City water. Sewer There is an eight-inch City gravity sanitary sewer along Mayberry Drive. The site must connect to City sanitary sewer. City sanitary sewer does not front the subject parcel, but it lies within the sanitary sewer service area for Mayberry Pump Station #643. Thus, gravity sanitary sewer can be extended to the parcel from Mayberry Drive. Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 4 Water and sanitary sewer service must be verified and improved if necessary so that the proposed development will have adequate water pressure, fire protection and sanitary sewer service. Evaluation and Recommendation The request for a Conditional Use Permit for Religious Use is, in Staff's opinion, consistent with the land use policies for the Suburban Area of the Comprehensive Plan. In addition, Staff's supports the proposed rezoning of up to 6.3 acres of the farm for commercial uses and the proposed religious use, both which will be compatible with Article 18—Special Regulations in Air Installations Compatible Use Zone (AICUZ) of the Zoning Ordinance. As the site is within the 70-75 dB noise zone, new residential uses for discretionary requests are deemed incompatible with Naval flight operations at NAS Oceana. The plan depicts a Category VI buffer, which is a solid privacy fence at least six feet in height with evergreen shrubs in a 25-foot wide area, along the eastern property line of Parcel E, rather than the required Category IV buffer, which is a mix of trees and shrubs within a 15-foot wide area. The applicant believes that the installation of a fence will enhance the screening of the future commercial use from the adjacent residential neighborhood. Staff is supportive of this deviation. In an attempt to reduce impacts to the adjacent residential properties,the proffer agreement specifically excludes the more intense uses permitted in B-2 Districts on Parcels B, C, and D,such as boat sales; bulk storage yard; commercial parking lots, commercial parking garages, and storage garages which include car wash, car rental or car detailing services therein; heliports and helistops; mobile home sales; motor vehicle sales and rentals; satellite wagering facilities;grocery stores, carry-out food stores and convenience stores in a structure greater than five thousand (5,000) square feet; grocery stores, carry-out food stores and convenience stores all being both freestanding and in a structure with a gross floor area of less than five thousand (5,000) square feet;grocery stores, carry-out food stores and convenience stores any of which are not freestanding but in a structure with a gross floor area of less than five thousand (5,000) square feet; automobile repair garages and small engine repair establishments; automobile service stations; bars or nightclubs; borrow pits; craft breweries; craft distilleries; recreational and amusement facilities of an outdoor nature; tattoo establishments; mini-warehouse/self-storage; and no more than a total of two (2) eating and drinking establishments with drive through windows shall be permitted to operate on all of Parcels B, C and D at any time. In addition to those excluded uses above for Parcels B, C and D,the following uses are excluded on Parcel E, car wash facilities and eating and drinking establishments with drive through windows. Traffic Engineering has informed the applicant that it is likely that right-turn lanes will be warranted and required along London Bridge Road for the three vehicular ingress/egress points. Based on required geometric elements of these turn lanes, it appears that the length of the frontage allows for only two full turn lanes into the site. Based on this,Staff recommends a reduction of access points from three down to two. Further consideration regarding the ultimate location and number of vehicular ingress/egress points will be performed during construction plan/final site plan review. As recommended by the Comprehensive Plan, the applicant has submitted a preliminary drainage study to the Development Services Center(DSC) outlining their proposed stormwater strategy for the subject site. As a result of their review,the DSC has agreed that the proposed conceptual stormwater strategy has the potential to successfully comply with the stormwater requirements of this site. However, this review is not a formal approval of the submitted stormwater plan. More details will be required and a formal review will take place during review of the construction plan through the DSC. Based on the considerations above,the proffers are appropriate for the Conditional Rezoning and Staff recommends approval of both the rezoning and of the Conditional Use Permit request for a Religious Use, subject to the proffers and the conditions below. Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 5 Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Properties are developed,they shall be divided and have vehicular ingress and egress substantially as shown on the exhibit entitled, "CONDITIONAL REZONING EXHIBIT", "GRACE BIBLE CHURCH LONDON BRIDGE CAMPUS 2285 LONDON BRIDGE ROAD GPIN 2405-70-2584-0000 DISTRICT#7 - PRINCESS ANNE VIRGINIA BEACH", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Conceptual Layout"). Proffer 2: The businesses/uses which are permitted upon PARCELS "B", "C" and "D" as depicted on the Conceptual Layout are those which are both allowable in the B-2 Commercial Zoning District and designated as"Compatible (Y)" in the tables contained in §1804(b) of the Grantee's Zoning Ordinance for the 70-75 db DNL "NOISE ZONE" in which the Property is currently deemed to be situated, except the following uses which shall not be permitted: (a) Boat sales; (b) Any type of Bulk Storage yard; (c) Commercial parking lots, commercial parking garages, and storage garages which include car wash, car rental or car detailing services therein; (d) Heliports and helistops; (e) Mobile home sales; (f) Motor vehicle sales and rentals; (g) Satellite wagering facilities; (h) Grocery stores,carry-out food stores and convenience stores in a structure greater than five thousand (5,000) square feet; (i) Grocery stores,carry-out food stores and convenience stores all being both freestanding and in a structure with a gross floor area of less than five thousand (5,000) square feet; (j) Grocery stores, carry-out food stores and convenience stores any of which are not freestanding but in a structure with a gross floor area of less than five thousand (5,000)square feet; (k) Automobile repair garages and small engine repair establishments; (I) Automobile service stations; (m) Bars or nightclubs; (n) Borrow pits; (o) Craft breweries; (p) Craft distilleries; (q) Recreational and amusement facilities of an outdoor nature; (r) Tattoo establishments; (s) Mini-warehouse/Self-storage; and (t) No more than a total of two (2)eating and drinking establishments with drive through windows shall be permitted to operate on all of Parcels B, C and D at any time. Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 6 Proffer 3: The businesses/uses which are permitted upon PARCEL"E" as depicted on the Conceptual Layout are those which are both allowable in the B-2 Commercial Zoning District and designated as "Compatible (Y)" in the tables contained in §1804(b) of the Grantee's Zoning Ordinance for the 70-75 db DNL"NOISE ZONE" in which the Property is currently deemed to be situated, except the following uses which shall not be permitted: (a) Boat Sales; (b) Any type of Bulk Storage yard; (c) Commercial parking lots, commercial parking garages, and storage garages which include car wash, car rental or car detailing services therein; (d) Heliports and helistops; (e) Mobile home sales; (f) Motor vehicle sales and rentals; (g) Satellite wagering facilities; (h) Grocery stores, carry-out food stores and convenience stores in a structure greater than five thousand (5,000) square feet; (i) Grocery stores, carry-out food stores and convenience stores all being both freestanding and in a structure with a gross floor area of less than five thousand (5,000)square feet; (j) Grocery stores, carry-out food stores and convenience stores any of which are not freestanding but in a structure with a gross floor area of less than five thousand (5,000) square feet; (k) Automobile repair garages and small engine repair establishments; (I) Automobile service stations; (m) Bars or nightclubs; (n) Borrow pits; (o) Car wash facilities; (p) Craft breweries; (q) Craft distilleries; (r) Recreational and amusement facilities of an outdoor nature; (s) Tattoo establishments; (t) Mini-warehouse/Self-storage; and (u) Eating and drinking establishments with drive through windows. Proffer 4: When the Properties are developed,the businesses and/or offices thereon shall only be permitted to be open between the hours of 6:00 AM and 11:00 PM each day. Proffer 5: When the Properties are developed a unified street frontage Landscape Plan for all four(4) Parcels shall be installed along London Bridge Road, substantially in conformance with that "ZONING EXHIBIT- LANDSCAPE PLAN FOR GRACE BIBLE CHURCH", dated 04/28/2017, prepared by American Engineering, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Landscape Plan"). Proffer 6: When the Properties are developed,the freestanding signage to be located on each of the four(4) parcels depicted on the Conceptual Layout shall be monument style with a maximum height of eight feet (8') and constructed with materials and colors similar to those used on the exterior of the primary structure located on that Parcel, and shall otherwise comply with the provisions contained in the Grantee's Comprehensive Zoning Ordinance (C.Z.O.). Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 7 Proffer 7: When the Properties are developed, in addition to any mandatory design standards which may be applicable to development of the four(4) parcels, as contained in the C.Z.O., Grantor shall also adhere to the following"optional" provisions of Article II,Subsection D of the C.Z.O. as slightly modified herein: (a) Building facades visible from London Bridge Road and greater than one hundred fifty feet (150') in length, measured horizontally,shall incorporate wall plane projections or recesses having a depth of at least three feet (3') [Section 245(a)(1)]; (b) Building fronts and sides of buildings oriented toward London Bridge Road shall incorporate features such as arcades, display windows,entry areas,false windows,awnings and similar features adding visual interest [Section 245(a)(2)1; (c) Facades not visible from a public street or from a private internal street or way used by the public shall be painted a coordinating color to complement the front and side facades [Section 245(a)(4)]; (d) Variations in roof lines shall be accomplished through the use of overhanging eaves, parapets, pop outs, entrance features, or height variations [Section 245(b)(1) -as modified]; (e) Exterior building materials for all portions of a building shall be of high quality and should exceed the minimum level of quality required by the Virginia Uniform Statewide Building Code. Predominant exterior building materials (except for roofs, doors, windows, eaves, and other ornamental features)will include any combination of brick, brick veneer,wood, stone, glass,or tinted and textured concrete masonry [Section 245(c)(1)- as modified]; (1) Smooth-faced concrete block,tilt-up concrete panels, or pre-fabricated steel panels should be used as exterior building materials only if such materials have been incorporated into the overall design of the building and reflect an overall appearance of high quality [Section 245(c)(2)]; (g) Entryway design elements and variations shall provide orientation to building. Buildings shall have clearly defined, highly visible customer entrances,which shall incorporate two (2) or more of the following features: (i) Canopies or porticos; (ii) Overhangs; (iii) Recesses or projections; (iv) Arcades; (v) Raised corniced parapets over entranceways; (vi) Peaked roof forms; (vii) Arches; (viii) Outdoor patios; (ix) Display windows; (x) Architectural details such as tile work or moldings integrated into the building structure and design; or (xi) Integral landscaped areas or places for sitting [Section 245(d)]; (h) Mechanical or HVAC equipment shall not be installed at ground level along any portion of a building facing a public or internal street unless such location is necessitated by the nature and design of the building it serves. Such equipment shall be screened by a solid fence or wall and native plants having good screening characteristics. Shrubs shall be at least three feet (3') high, and trees shall be at least six feet (6') high, at planting. Plants shall be spaced as directed by the City's landscaping, screening and buffering specifications and standards, be maintained at all times in good condition arid shall not be trimmed to a height lower than the mechanical equipment they screen [Section 245(e)(30)]; and (i) Outdoor lighting fixtures shall be coordinated as to style, material, and color. Neutral and earth tone colors of lighting fixtures are encouraged. Lighting throughout the Parcels shall overlap, creating an even level of illumination throughout the parking area [Section 245(f)(1) -as modified)]. Proffer 8: 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. Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 8 Staff Comments: The revised proffers listed above are acceptable as they add additional uses to be excluded, remove eating establishments with drive through window and car wash facilities on Parcel E, limit the hours of operation, and ensure that the proposed commercial uses will be developed with a high quality architectural design, landscaping and site layout. Recommended Conditions 1. When the church site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "Conditional Use Permit Exhibit—Landscape Plan," prepared by American Engineering, dated 04/28/2017, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The exterior of the proposed building shall substantially adhere in appearance, size and materials to the elevations entitled, "Grace Bible Church Red Mill Campus" prepared by Visioneering Studios, which have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 3. The freestanding sign for the church shall be a monument style sign,with a total height not to exceed eight feet, and shall be in substantial conformance with the sign depicted on the exhibit entitled, "Grace Bible Church Freestanding Sign," in terms of materials and color scheme. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. All signage on the site shall meet the requirements of the Zoning Ordinance. 4. The applicant shall obtain all necessary permits and inspections from the Planning Department Permits & Inspections Division and the Fire Department. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 9 Proposed Site Layout (Void) .. ..... II,.1.vw3.n I*1V%DOM LI frna: `'..:4,..., ill!'!i i r...�.. ....T.•.... <r I - - a°.°..sz°t son w '.011 MOS MCC10.01 Strnz _ SfidWV)330I1111 NOONOI Z 6c',.°'� 1 I 8uuaaw8u3 m ,, M p<N,to. °'•f,1 !i NV01133INV 1 S-W -_ 45i(aJE lfilai; 1 s 5 r W V Q cc §1.q Y gj1a X54111 s r .� € 1116.. 5 iv M it e`. _ I �z g Ivivii y i 1 Yq 8a P. ,.- . , i', sn i ) I ToIt 2 1- 1 fat I 1 — ' . (J 0 11 11 I I Qv 1 1 a `, 3 Z o� D1: ,,ag • Ja 11111!!!111!) W Q �! vl II a 4 �, = I� �Qo , 1 \\' t Sok W a, C> ccZc,o // 1 L—, =5ao 1 ---- J 1Y U Ilitll rc i / 1 P 4'.. m u) 1 •/ J ui 1 Li) Cr U U ( / ce Q cn a toa 1 1 d Z / J i-- 1 ( W / .\` s\��\` / \ V cc ilE Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 10 Proposed Landscape Plan (Void) 1 N)YIY ViNOS $IN,SSUMia ‘•..}ILSC -� —.4� ..................... "�.`. M 0000wr urso•z Poo `04'4 F i 3 p f lq �( ..�.�n'.�.... WOW 353+1111.000•101 SSt2 %'� i R_ I •Mn•1 �I.0�.�O+�v • S ===="= SfldWVD 3DOR18 NOONOI \-71,0,,,,N s 3 ii um m . � ' 6,W r=- _ .� hi'2io �� !hilt# "v3aawv !1/, 1 >g� ; 4.a oS Fill P ��, 1 1 1 I 1 11"5.-.. i l I if ill ;I ii1 , L I / I / 4. o / I I I . Y _/' I I (3 i I ' ill // ".: tuC o a Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 11 Proposed Site Layout (Added after Planning Commission) wren smmrs+ 3 ,?0vroe user ub oo �El .......,,;.:4„.4.... '-'I nst orsort wn q ED'E . <r �.'.�:: �-, arw nam woo�o SW o c i I2 I tm< i SI1dWVD 3'OW NOONOI -G„,,,,.:"+00%.,c. i 1 i ButJaau1Su3� 4l:s 5 - 1 d el 9[04; T.a iffiluiNV3iaawv ; z _ WE a 4414 11 - iliiii !, i• • .: ill E' r II u `� F \ '"--, 1 a !;Iii il{ c� __... it ... J W I `` i \.,„ Q ro 1 Irill"D ® 0 \ s :Jo i et It i _ ,.zo8 , � /, __O. C7 Jam + O J � / 1 04 s W # + W .F / U 1 d tvj ' , I ( / 4 0 I a I I- i W j 0 Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 12 Proposed Elevations VISIONEERING `: 9 CI GRACE I AIM on, __ / / ►, _ �; �X G RAC E Bible Church Strawbridge Cam us 9 i� Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 13 Proposed Elevations VISIONEERING" t 9 nu a ais • WEST SIDE = l,Itt�. 93 GRACE Bible Church Strawbridge Campus Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 14 Grace Bible Church Freestanding Sign • AL ilt y . r 46I r'401,1. V t w Ili! -1,...'-__1, . . .: al GRACE . .. . .. Bible Church '-- r t I b J. d: ,_ Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 15 Site Photos I �' a - -4.101011* i ? ^wy. Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 16 Disclosure Statement Virginia Beach APPLICANT'S NAME Grace Bible Church of Virginia Beach, Inc. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals • Certificate of Floodplain Variance Appropriateness • Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board ♦ • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • e SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 10/7519 ,J Jonathan Sanders —0— Grace Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 17 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm. business, or other unincorporated organization. ��� Check here if the APPLICANT IS a corporation, partnership, firm, business. or other unincorporated organization. (A) List the Applicants name:Grace Bible Church of Virginia Beach, Inc. If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Matthew Breitenberg, Treasurer, Cameron Boyd, Recorder; Stephen Carlson, Moderator; Bryan Rex, Director; Eric Sanzone, Director; Bill Miller, Director (B) List the businesses that have a parent-subsidiary I or affiliated business entity2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotesI and 2 e , SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner it different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. NI 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:Mary H. Smith Revocable Trust If an LLC, list the member's names: Page 2 of 7 Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 18 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below. (Attach list if necessary) May H. Smith, trustee (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. SeeState and Local Government Conflict of Interests Act.va. code S 3.23101. -Affiliated business entity relationship" means 'a relationship. other than perennsthe other relationship. thati a exists when in onein business entity has a controllingotn erp interest inthe t. or business entity. Ilea controlling owner in one entity isen a controlling nowner inthe other hould or Oh) there is shared managementeorcontrol between the sinessss entities.aFactors that should be considered indetermining the existence s an ovii affiliated eets entity relatbnship thir includere that the same person ors or substantially the same person omanage the two entities:motkere are common of ds meas or assets:. the business opersonnel rnies share reg ear bathe or to pekes h empneaed sr otherwise share hipNbes. enresources or Ston a regularalbasis: or there Is t oftee a cAct. working relationship Ship between the entities" See Slate and Local Government Conflkt 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, FACH MUST COMPLETE THE SECTION SE PERATE LV Page 3 or 7 Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 19 Disclosure Statement APPLICANT Virginia Beach YES NO f SERVICE L PROVIDER use�eeam aadidonal sheets it 1 Z Accounting and/or preparer of your tax return n Architect/Landscape Architect/ Visioneering Studios Z Land Planner Contract Purchaser(if other than the Apolieant)-Identify purchaser j and purchaser's service providers i Any other pending or proposed El purchaser of the subject property (identify purchasers)and purchaser's service providers) • ZConstruction Contractors IgI Engineers/Surveyors/Agents [American Engineering Inc. Financing(include current ❑ Z mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® Legal Services Sykes.Bourdon.Ahern&Levy.PC ' Real Estate Brokers/ ▪ ® Agents/Realtors for current and anticipated future sales of the subject property 4 'Malt J.Favaloro,Esquire a 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 Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 20 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement form is 'complete,true, and accurate, understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this I Application. 7 �/( �_ - I Matthew Breitenberg,Treasurer 51/ 1/ 7 APPLICANT'S SCNIDR• ' PRINT NI,ME _ ORIf Grace Bible Church rinia Beach,Inc Page 5 of Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 21 Disclosure Statement OWNER Virginia HES [NO _ SERVICE 1 PROVIDER(use addltIodsheets if eeded1 ❑ Z Accounting and/or preparer of your tax return ❑ X Architect/Landscape Architect/ L� , Land Planner Contract Purchaser Of other than ® ' the AoolicjP_I)-Identify purchaser and purchaser's service providers i Any other pending or proposed ❑ I�/ ! purchaser of the subject property I� (Identify purchaser(s)and purchaser's service providers) Construction U Z C . 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) Z ❑ Legal Services Leslie R.Watson,Esquire Real Estate Brokers/ Thalhimer(Robert M.Thornton) I� ❑ I Agents/Realtors for current and L. I anticipated future sales of the subject property e a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an Interest In the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Robed M.Thornton currently sits on the Planning Commission and is the listing broker for the Seller Page hof? Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 22 Disclosure Statement Virginia Beach CERTIFICATION: certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. nr(42, ,y._�� Mary H. Smith,Trustee y(/24f 7 PROPERTY OWNERS SIGNATURE PRINT NAME DATE Page 7 of Grace Bible Church of Virginia Beach, Inc. Agenda Item D3 Page 23 Item#03 Grace Bible Church of Virginia Beach, Inc. Conditional Use Permit (Religious Use) Conditional Rezoning(AG-2 Agricultural to Conditional B-2 Community Business) 2285 London Bridge Road District 7 Princess Anne August 9, 2017 REGULAR Jan Rucinski: Our last item on the agenda today is D3,Grace Bible Church of Virginia Beach,which is an application for a Conditional Use Permit(Religious Use)and Conditional Rezoning(AG-2 Agricultural to Conditional B-2 Community Business)on property located at 2285 London Bridge Rod, District 7, Princess Anne. I guess I don't need to tell you to state your name fort the record. Eddie Bourdon: Thank you Jan. For the record, I'm Eddie Bourdon, a Virginia Beach attorney representing Grace Bible. In addition to myself, Les Watson will have a few comments,along with Pastor Breitenberg of the church. You heard this last month and I am going to go through a lot of information. I apologize, but Herbert Mae Smith bought this farm 50 years. They raised their daughters on this farm, often rode horses and taught countless children to ride horses. Mrs.Smith continued to operate and maintain this horse farm after her husband passed away in 1990. All the while, all the property around her didn't grow crops,didn't grow horses. They grew houses. Pine Ridge Lane, Strawbridge,the shopping center. We almost got lucky. We almost had Churchill Downs on the Taylor Sister farm,just to the north west of Mrs.Smith's horse farm, which the Smiths and many, many other people in our community really, really tried hard to get. It didn't work out at the state level. But hard course farmer been very, very well situated,we would not be here if Churchhill Downs. We would have been fortunate to have them here in Virginia Beach. Instead we got a lot of industrial uses on the land where Churchhill Downs would have gone plus Prince George Estates. And,another horse farm in the area,the largest, London Taylor Chapels on Dam Neck Road is now predominately a series of industrial parks. Unlike Mrs. Smith, the Navy paid the Taylor family for their residential development rights and put restrictions on their property requiring it to be developed as industrial uses that are compatible with the operations of NAS Oceana. 2005 BRAC, it was a paradigm shift. Instead of the Navy continuing to compensate landowners for the removal of their residential rights consistent with the Comprehensive Plan for decades,the City, at that point,capitulated after a lot of hard work, discussion, and debate, went along with what deemed to be necessary to keep Oceana here,valuing Oceana,and its land use above other folks' land uses and potential land uses. They took away the opportunity Mrs.Smith would have had without compensation. No residential development can occur on this property.That had been the vision in our Comprehensive Plan for decades and that is how the property adjacent to her had developed with 3 to 3% units per acre. Mrs.Smith is the poster child for the unavoidable impacts of a community decision to value the Oceana Land Use and the jobs it creates above all else. That is not intended to be a criticism. That was a conscience decision that the City made, and I think made the right decision. Up until now,the City has done an excellent job of threading the needle. Most folks who were impacted have been able to see that impact lessen, and or been paid for the impacts through other means. Mrs.Smith to her absolute credit is not going around whining about her fate. She has not made a poster child of herself but make no mistake, had her property had not been so impacted, developers would be standing in line as they were prior to 2005, offering her far more money than she's able to get from my client Grace Bible Church, if she could develop 75-80 homes on her property at 3 to 3% units Item 4133 Grace Bible Church of Virginia Beach, Inc. Page 2 per acre like everybody around her did. The property that she is on and has owned all these years, has the misfortune of being in the above 70 noise zone. If we are in the 65 noise zone,then she would be able to get the rezoning for the 3 to 3'/: units per acre. That's where the lines fault.So, what we have is in my view and in your professional Staffs view,an excellent opportunity to thread the needle. This is not an application to put a 20.6 acre industrial park on this piece of property,which is really the only other use that meets the Navy's criteria. Unless you're talking about doing a 20.6 acre shopping center on the property,which also would also be acceptable but would have to eliminate some of the uses that the Navy objects to. So,we have church, which is a fantastic use along with a very limited amount of commercial uses upon a four lane arterial highway, London Bridge Road, not at the entrance of anybody's' neighborhood. The first thing that you talked about this morning briefing is access. We talked at length about this last month,and we are prepared to offer voluntarily a revised proffer number one, and I reviewed this with both Ms.Wilson and Ric Lowman,and I will take second to read it. I will be happy to do so but in place of Proffer 41,the church would propose "When the properties are developed they shall have vehicular ingress/egress from London Bridge Road, with turn lanes at the existing median break and at least at one other location to be determined by the grantees,City Manager,and his Staff during site plan review. Based upon the location of the second point of access, the configuration of the parcels that shown on the exhibit and title,that goes to what is in the proffer today, exhibiting title conditional rezoning Exhibit Grace Bible Church, London Bridge Campus,2285 London bridge Road,GPIN: 2405-70-2584-0000, District 7, Princess Anne,Virginia Beach,Virginia,which has been exhibited to Virginia Beach City Council and is on file in Virginia Beach Department of Planning as a conceptual layout as which may be revised." So,we're saying that four parcels may be revised depending on wherever the other access goes in. I won't belabor the point, but as I mentioned last month,we can have a full turn lane entry to the western entrance,which we think is the safer way to go.What we don't have is the ability to have 120 feet between that entrance and the start of the next turn lane versus putting the turn lane in the far east end in the curve and near the homes that are on County Manor Lane, so;that is something to be determined with Traffic Engineering,City Manager, Planning Director,and City Staff but we are agreeing to have that modification based on what is determined to be the safest, which would include modifying potentially the layout and moving the landscaping as Ric Lowman described this morning. We are not in disagreement with most of what was indicated this morning. While we are on that topic,this is on me as far as the proffers there is one mistake here. I misunderstood that the conditions that we put in here,that are the City's Retail Guidelines, require that a drive-thru be behind the building. We will between here and Council,add another proffer that any drive-thru that is placed on any of the three parcels other than the eastern most parcel would meet the requirement that it would be behind the building. Again, I can't imagine that our guidelines would allow a drive-thru that is not behind the building, but we will add that because it is not the actual verbage.We just took it all out of our Retail Guidelines, put it in the proffered agreement word for word and made it a "shall", a requirement. And the church was very glad to put that in there from day one. They want to make absolutely certain that what is out in front and they are in a position that will happen, is of the highest quality. No one could care more about that. Others would care but no one can possibly care more because it is their front yard. The appearance and quality of what's out there will be at their entrance and their front yard. The church is also going through the trouble,as I discussed last month, we want to be able to have potentially gymnastics training or teaching facility or yoga studio, things that make perfect good sense on this property that aren't allowed in any B-1 or B-1A zoning,so we asked the community, asked Commissioner Beardslee Kwasny to get with the community and give us a list of things they don't want to see on the property. And, we put things on there that weren't their list, and I have that confirmed by Randi Vogel in a conversation I had Item ftD3 Grace Bible Church of Virginia Beach, Inc. Page 3 with her last night.We've gone beyond what's on their list, but we did not exclude all potential for an eating and drinking establishment with a drive-thru. At last months' hearing,we were asked, I think by Commissioner Oliver, or it may have been Commissioner Hodgson, if the church would agree to reduce the potential, which we did. We agreed there would be no more than two and they would not be on the eastern most parcel,if there were any,would be on the two little, or the western parcel as shown. And that is eating and drinking establishments with a drive-thru where you can have a Tastee Freeze,or a Krispy Kreme any number of uses that I think most people would like. We hear a lot about we don't want McDonald's,Taco Bell, or Burger King,or Wendy's, any of the fast food places. Well the reality of this is this is in a shopping center. They are already out thereon General Booth Boulevard, Nimmo Parkway and this is not going to happen here. And we're not looking for that to happen here but we don't have another category of fast food with a drive-thru. We have all eating and drinking establishments being a deli, being an ice cream shop, being a coffee shop. That is what we have to deal with, and that is why we have in the proffers what we have, not that that church isn't looking to put any of the fast food giants out here, and trust me, none of the fast food giants would go out here. Dee Oliver: Mr. Bourdon. Eddie Bourdon: That's it. Dee Oliver: We have a lot of speakers today. I'm sorry. Eddie Bourdon: I tried to keep this short as possible. I will be happy to answer any questions. I'll let my other folks come up and talk to you.Thank you. Dee Oliver: Thank you. Jan Rucinski: Our first speaker in support is Matt Breitenberg. Eddie Bourdon: Can we get Les Watson to come up first? Jan Rucinski:They asked me to call them in this order. We can absolutely change that. Les Watson: Madam Chair and members of the Commission, I'm Les Watson. I'm a local attorney,and I represent the property owner Ms. Mary Smith,who has, as Mr. Bourdon pointed out, owned this property for I think for 47%years. And, as you know from Mr. Bourdon's eloquent presentation of the history of this property is subject to substantial zoning prohibitions that affected uses to which can be put here. And we've looked at this situation as carefully and we've worked with Mr. Bourdon and with the Staff and try to be as cooperative as we could. I think the resolution that Mr. Bourdon has presented is sort of like this. Of all the things that could ultimately happen at this site,we think that the application,the project described in this application is precisely that sort of thing which will have at the same time the least impact, and also allow a fair use of Ms.Smith's property. And, I compliment Mr. Bourdon on his eloquent presentation and his resuscitation of the history and I'll be happy to answer any questions you go for me. Dee Oliver: Are there any questions? Okay. Thank you. Item ttD3 Grace Bible Church of Virginia Beach, Inc. Page 4 Les Watson:Thank you. Jan Rucinski: Our next speaker is Matt Breitenberg. As he is coming to the podium for those who are wondering what has happened to our illustrious Chair, he has recused himself because he has relationship with this,and it would inappropriate for him to sit in on this hearing. Thank you. Matt Breitenberg: Good afternoon. My name is Matt Breitenberg. I am one of the pastors at Grace Bible Church. I would like to share a little bit about our church and about this project. We're an independent church founded in 1991. This would be our third campus. We have a campus in Virginia Beach and we have a campus in Norfolk,which we started about two years ago. We care deeply about families. We have over 600 kids in our weekend kids programs every week. That is about the size of a typical elementary school in Virginia Beach. Plus we care deeply about serving our local community. We partner with organizations to care for needy people,Judeo Christian Outreach Center, Union Mission, and ministry nursing homes and others. We have a community garden that produces thousands of pounds of fresh organic produce,which we donate to organizations who feed the poor in our community. We also partner with Public Schools and encourage students and teachers and their families. We're also in partnership with Birdneck Elementary,which is just a few miles from our potential new campus. We are requesting this rezoning simply because we need to sell the front parcels in order to make our financing work for this project. We have multiple conversations with neighbors including hosting a town hall meeting. We have tried to be as responsive as we could be. Our initial submission had restrictions on B-2 uses and since then we have come back with further restrictions. We agreed to nearly all the restrictions that the neighbors have asked for as you have heard but frankly, we can't make any further restrictions in order to make this project work for the church. Whoever buys these parcels will literally be in our front yard. So,for that reason it would be our intention to make sure that it is a quality organization that would be there. It would not interfere with the neighborhood or with the church.We care very much about what's in our front yard, and we will make every effort to find good partners to buy these parcels. Thank you. I'll be happy to answer any questions. Dee Oliver:Thank you. Jan Rucinski: Our next speaker in support is Edward Gluckle. Sir, as you come to the podium can state your name for the record? Edward Gluckle: Okay. My name is Edward Gluckle. I am not only opposed to the church but I have a couple of concerns. Last time we had a storm, I think the water was about two feet deep in the backyard there, which is a lot of flood water for the area. And, if they raise the ground for the church with backfill,what's going to happen to all that water? The other problem that I have is the parking area after the church is closed. I had a business one time and after business hours, people gathered in the parking area, and I'm worried about crime and noise and everything else. So,those are my concerns. Dee Oliver: Are there any questions? Edward Gluckle: Have these concerns, have they been addressed by the church?Just curious. Dee Oliver: We'll get back with those. Item#D3 Grace Bible Church of Virginia Beach, Inc. Page 5 Edward Gluckle: Okay,thank you. Dee Oliver: Thank you very much. Jan Rucinski: Our first speaker in opposition is George Ingram. Unidentified voice: Can we change Tom to go first? Jan Rucinskl: Sure. Who would that be? Jan Rucinski: Tom Hollowa? Tom Holden: Holden. Jan Rucinski: Yep,there you are. Tom Holden: Hi, how are you? Jan Rucinski: We're good thank you. Tom Holden: My name is Tom Holden, and it is getting late so I won't try to belabor this too much. I'm a resident of Hunt Club Forest, and I come to you in opposition to the application for rezoning of this property at 2285 London Bridge Road. You are going to hear from a lot of residents who live near this project today and they are all united and in opposition to it. We believe that changing the zoning from AG-2 Agriculture to Conditional B-2 will lead to development that is incompatible with the long-term interests of the neighborhood. We believe that because of the proffers included in the application.The application could lead to the development of four L-parcels fronting London Bridge Road with the church at the back. These proffers indicate a desire for businesses, and some are specifically drive- thrus. The populated area that is apparently occupied by pasture, so; creating and maintaining this stable and sustainable neighborhood is difficult. We understand that. We're fortunate that most of the City neighborhood, and actually is pretty stable even though the City housing is the agent. And we also believe that some of the proffers that have been offered in this proposed project have addressed some of the concerns. But some of their core concerns are not addressed, and it is what is drives us today. I don't want to lecture anyone at this podium or the Staff because I'm not an authority on planning at all. I'm not. But in reading the City's Comprehensive Plan,one of the guiding principles for suburban areas is to create great neighborhoods. And this is made reference to this in this planning document. To support those neighborhoods with complementary non-residential uses in such a way that working together with the stability and sustainability of the suburban area is ensured for now an in the future. So an infill development on small vacant parcels within an existing development or on parcels being redeveloped, it should be compatible to the existing development around it. So,designing a project that in scale in proportion to the surrounding community is often a lot more difficult,and simply using a design that fits the site and meets the zoning regulations. Mr. Bourdon made a lot of statements that I in fact,couldn't follow because I am not a zoning expert like he is. There were changes being discussed that I don't know what the heck are.There was a lot of additional language used that seems kind of confusing to me. But the goal here, as I understand it, is respect land use and design and give the impression to those who pass by a project. That has always been part of the original development. Item#D3 Grace Bible Church of Virginia Beach, Inc. Page 6 Now, adding a fast food restaurant or a quick service restaurant, with drive-thrus,in a community that is defined by farms and residential areas does not meet the criteria. I see my light blinking here. To create and maintain great neighborhoods,with an emphasis on residential components must be balanced by emphasis on the commercial component. We get that. Each land use is dependent on the other and accordingly the quality and vitality of one affects the other. They are all related. So, please consider our request. Please deny this application.These communities are willing to work with the owners on the legitimate needs to make their property productive. But please, not this one. Thank you. Dee Oliver: Thank you. Jan Rucinski: Now let's try George Ingram. George Ingram: Okay, since I don't have the benefit of visual presentation. Jan Rucinski: Sir, if you can just state your name for the record? George Ingram: I'm sorry. George Ingram, I'm the president of Pine Ridge Civic League. I would like to hand out some pictures if that is okay, since I don't have a video presentation. So, I can reference those pictures as I go through. As, I said the name is George Ingram, President of Pine Ridge Civic League and I want to voice our concern and our opposition. As you can see by this property, if you can look at this drawing, most of you are probably somewhat familiar with this, it shows this property truly encompassed within a residential area. The rear of it,and I'll wrap around this side to the west side is the Pine Ridge subdivision,and on the east side is White Pine. And across the street,you have residents. Now, all of us that live in that area are confronted with traffic situation on that road every single day. So, were quite versed in what the problems are being faced by everybody traveling that road. Currently it is AG-2, and again, like I said it is residential all around there. We would like to see it kind of stay in that same zone. We are concerned and questioning about them allowing mixing residential areas with business development.Currently there are a mix of amenities that are designed to enhance our community such as sidewalks, bike paths, parks,farms, and those types of things there. So,that does not seem to blend well with commercial development,and the traffic that would be associated with that. Traffic safety. That is the primary concern here. I want to speak to traffic safety. We would like to express our deep concern over traffic safety and how this proposed development would make the impact the ability to drive through the area. Now, all of us now are confronted with the problem of being out of our neighborhood, coming out into a four-lane highway.You have two lanes in each direction obviously, and if we're coming out of the neighborhood and we want to go, let's say to the west out of Pine Ridge,we have to wait for a line of traffic to come through so we can cross over and then once that clears,we have to hope that the traffic coming the other way is not coming through there that is going to block our ability to exit. So it is kind of uncommon on any given one for traffic to be backed up.There are always people trying to get out of their neighborhoods. And, so if this development is permitted down there at the current Fox Ridge Farm, it is going to add to that traffic flow. Currently there is about 1,000 vehicles traveling this road,that is based on Traffic Engineering,and the proposals, as we will probably get close to 4,000 additional vehicles, and that would raise the number of vehicles traveling down that road to about 25,000 vehicles per day.The maximum capacity for that, based on Traffic Engineering is 28,000, so,were approaching that maximum,so that is getting into an area that is not even concerning any other development that may occur if we permit this type of development to occur. It opens up the door if we put B-2 development here, and it is going to open up Item#D3 Grace Bible Church of Virginia Beach, Inc. Page 7 the door for it to go down the street. Over the years,there have been numerous accidents along that area. There has been any number of accidents. The people hit the trees, and there have been many light poles taken out. So,you know that Traffic Engineering says it is a relatively safe roadway, but there are still a large number of accidents occurring on that roadway. I'll give you some statistics here. From 2014 to 2017,there were at General Booth intersection 74 accidents.At the Tower Bridge that is going into Castleton, 19 accidents, at Mirror Lake going into Lake Placid, 15, Dam Neck 110 and disbursed at every other intersection where a number of accidents occur. The next leading one was at Pine Ridge subdivision,where there were about 19 accident occurred there,so there is a total of 263 accidents occurred in this one mile radius. To me,that seems like a lot. Unfortunately, two of those accidents resulted in fatalities. One of which is directly in front of that planned development. There is a cross in the median. It sits directly in front of that proposed site. So, it kind of makes the question how hazardous is that location? We have an unusual traffic flow there. Because of so many people coming down the road from 1-264,and when they want to get to General Booth Boulevard, so much development in the southern portion of the City, people are merging over to the right lane and that starts beaming before you get to Pine Ridge. So,at any given day,you will see cars backed up along the right lane, and there won't be any one in the left lane. If you look at pictures 2&3, it kind of shows you of how this traffic is backed up. If you look at picture 3, all the traffic is in one lane. That occurs way back there because everyone is moving over.So,obviously they are going to be coming over into one lane in front of that proposed development. The other issue is,and let me go back to my drawing here, I think most of you have been out there. It is a significant curve in that roadway. As you progress around from the west end, you come up around here,that is Pine Ridge right here,there is a little bit of bend her, and that is kind of a blind spot, and as you come around,you're working your away around. And, so you put turn lanes in there that is going to affect how people are going to be able to see down the roadway. If you go to picture four that is in front of that proposed property,you're looking down that curved road.That shows you the curve in the road heading east. The next picture is showing the same area from the opposite end of the property looking westward. You can see that curve. The other picture, number 6,shows you in front of the property on the opposite side of that roadway and you can see the curve in that road. So,whenever anyone is traveling a highway and they are coming around a curve,there is some issues about obstructive view. The church currently is planning on building a facility.They call it a campus, 600 people. If you look how they operate at their other facility, they currently have four sessions on Sunday,two Saturday and some on Friday. I'm not sure how many plus having mention earlier, lots of different activities. So,they are going to have a large number of people coming into this facility every day. If they are going to have 600 people and parking for 350 vehicles, and four sessions on one day on Sunday,we're talking 350 vehicles coming in and 350 vehicles going out. You add it four times that is 2,800 vehicles. To make matters worse, if we permit a drive-thru restaurant in front of that facility,which they want to do, or have the option to do,that is going to add to the problem as well. By definition,drive-thru restaurants are designed to create one thing. Traffic. That is how they operate.They want to create a lot of traffic, so the church itself is going to create a lot of traffic,and the new development in front of us is going to create a lot of traffic. I do want to talk about issue of being able to see where you're going. I'll talk quickly about entering and exiting the facilities. If you look at picture 8 that again, is looking down the road in a westerly direction and that traffic will be coming towards General Booth Boulevard. If you can visualize that sidewalk being a turn lane, and you have cars parked where that sidewalk is,you would not be able to see down that roadway because of the curvature. I think this morning the Traffic Engineering said they want to have a turn lane with about 400 and somewhat feet, so;that is a lot of vehicles stacked down there who don't have any visibility to be able to pull out of that facility because your view would be totally blocked. So, people are Item 4E2 Grace Bible Church of Virginia Beach, Inc. Page 8 going to be trying to get out of that facility and not be able to see where they are going. That didn't help on a straight road. Now,there are no plans for a traffic signal. And even if a traffic signal is there, if I go back to what was mentioned earlier, most accidents occur at traffic signals. And that is a common occurrence. Now,when people do exit,they got one option to get out, and if they want to go west. They got to come out where the median strip is,and then they can turn left. There is no traffic light and if they got to turn left,they have to cross those lanes of traffic or they may try to go to another exit and go down and make a U-turn when they get around there. As you see here,as they come around here, there is the median opening right here,so if they exit here and they want to come here,there is an opening in the median but there is no turn lane there. They would have to go down to the next one at Hunt Club and make a U-turn. So,a lot of vehicles would obviously be forced to make U-turns. You have so many vehicles coming out at one time. A business normally operates 12 hours, 350 vehicles coming over a 12 hour period. That is 25 vehicles per hour. They are going to have 300-350 vehicles exiting that facility at one time, plus the traffic of the businesses. So,for those reasons we are really concerned about our safety and the safety of every traveler on that roadway. So, for that reason,we request that you deny this proposal as it is current presented and not permit rezoning for B-2. Thank you. Dee Oliver: Thank you. Jan Rucinski: Our next speaker is Mark Shyrer Mark Shyrer: Good afternoon. My name is Mark Shyrer. I have been a resident of Virginia Beach since 1987 and I watched our area grow. Our area of the City developed expeditiously. Today I represent subdivision of Mayberry as one of its board members and we ask that you deny the request for rezoning of Fox Ridge Farms from Agriculture to B-2 for the following reasons. As your chairperson pointed out, we have to deal with AICUZ. Okay. With the proximately or area to NAS Oceana, it is a very big concern to us. It is very big concern to us. With the success of our City,we have encroached on Naval Air Station Oceana to the point where that in 2005,the BRAC Commission put the only east coast Master Jet Base fate in the hands of the City of Virginia Beach to prevent further encroachment. I moved to the City because I was stationed at NAS Oceana. Our City thrives in a part due to NAS Oceana with the jobs it provides and the sailors and their families that live there because of where they are stationed. Our schools benefit because of government funds that go into our local schools because of all the children and for military families. The next reason is due in part to light pollution. The amount of light that will be generated from the proposed parking lot will not fit into our farms/subdivision area. The proposed landscape along London Bridge will be inadequate to screen that amount of light. I believe what is proposed is just shrubs along the road front. Okay. Next,as you look at the map,you can see all the subdivisions,they are surrounded on three sides. Across the street is horse pastures. Okay. Your commissioner brought up that Mary Smith bought that farm so her daughter and other children can ride horses. I board two horses across the street from that Fox ridge Farms at Princess Anne Farms. I'm doing what Mary Smith did when she bought it 47 years ago. I want my children to be able to ride. The church and the proposed rezoning of the front parcels are going to put that in jeopardy. A lot of children get a lot of growth training that become better people. They care for horses, being disciplined, having to ride and that may be lost if this goes through. As you can see from the map that the church and this out parcel rezoning isn't going to fit H our neighborhood. It is like putting as square peg into a round hole. So,for those reasons, we ask you to deny the proposal as written. Yes, this is the parcel right here. Right across the street is Princess Anne Farms where I keep my daughter's horses. I live in Item#D3 Grace Bible Church of Virginia Beach, Inc. Page 9 his subdivision right here. And as you can see, as the previous speaker,this is the kind of a severe S- curve, and coming out of my neighborhood already you can't see because of all the trees right here,and he has similar issues on his side. Dee Oliver: Thank you. Jan Rucinski: Our next speaker is Craig McManus. Craig McManus: Good afternoon. My name is Craig McManus, and I would like to thank you all members of the Planning Commission. As I was working on my speech, I looked up the word "planning", as a synonym for a forethought. A forethought is defined as careful consideration of what would be necessary or what may happen in the future. I'm here to ask that the rezoning of Grace Bible Church for the approximately six acres of frontage property be denied allowing the B-2 zoning of this property has the potential to create a domino effect along this portion of London bridge Road. There are ten parcels with frontage on the London Bridge Road area in a three quarter mile stretch between Strawbridge Road and Prince George Estates. These neighboring properties total over 20 acres that could be developed into B-2 zone real estate if they want. And I believe that the property owners would have to heavily consider the depreciation of value from the current average land assessment of$47,000 per acre to a$250,000 to$300,000 per acre that the Fox Ridge Farm is currently being marketed today.What effect would this growth of commercial property have on the surrounding neighborhoods? The Staff report,quotes the Comprehensive Plan,which uses phrases like "maintaining great neighborhoods", "protecting open spaces",where it likes stability, culture, historical and it speaks of a transportation systems that provides connectivity and mobility. The neighborhoods surrounding the Fox Ridge Farms are well established with a great sense of community and pride in their surrounding area. They are supportive of the nearby commercial districts along the General Booth and Red Mill Corridors that have more than enough resources providing their shopping,dining and entertainment needs. They embrace the cultural history of the agricultural and surrounding them with open fields and pastures. London Bridge Road was designed as a connector between General Booth Boulevard and Dam Neck Road allowing traffic to move freely from one major destination to another. What I may see happen in the future, is more commercial creep taking over a primary residential area that is seems to be doing across our City. Allowing the development of B-2 level businesses along this corridor,goes against the Comprehensive Plan as it will reduce the stability of the area eliminate more of the open space and the surrounding neighborhood and put additional traffic on the road structure in this community. It is for these reasons,that I ask you to deny the application for the rezoning out parcels from AG-2 to B-2. I thank you again for your time and your fore thought. Dee Oliver: Thank you. Jan Rucinski: Our next speaker Walter George. As you come to the podium if you could state your name for the record please? Walter George: My name is Walter George. I live in the White Pines subdivision. The first cul-de-sac right there, my house backs up to London Bridge Road. We're back up pretty much in the corner where they are talking about putting the restaurants at, and I'm guessing they want to put an exit leaving the property. When we leave our property trying to turn left when you're coming out of Country Manor,it is pretty busy road.There are a lot of people driving pretty fast on that road and getting across the Item#D3 Grace Bible Church of Virginia Beach, Inc. Page 10 street. It is already hard enough. We have kids that paly in the cul-de-sac where we live at. And,yet is right there,the middle one (pointing to PowerPoint) right there.That's where we live at. My backdoor of my house is 50-feet from the inside lane heading east. Getting out of the neighborhood is tough. When they did Nimmo Parkway, it has become as a little cut through. And, now there is going to be more traffic coming in and when they leave the church area or whatever is going to be there,they will be turning around in our neighborhood,and our kids play out there on their bikes. That is my biggest concern,and what is it going to do to my property value if they rezone it? We tried to sell the house before,and people come and look at the house and they see the traffic. That is one of the reasons why we couldn't sell the house because when they walk in the backyard you hear cars go by. And if they are going to have more cars going by, what is going to do to my property value, and with rezoning the property? And that's pretty much what I have to say. Dee Oliver:Thank you very much. Walter George:Thank you. Dee Oliver: We appreciate you coming down. Jan Rucinski: Thank you.Our next speaker is Gina Miller. Good afternoon. Please state your name for the record. Gina Miller: Hi, I'm Gina Miller. I live in the Lake Placid subdivision up near Dam Neck Road. Whenever I heard about the plans, it seems like there were lots of questions about volume down our corridor for what the rezoning would cost volume in traffic,volume in water from flooding,volume in trash,volume in noise,volume in light. It seems to be there was a lot of volume of a lot of stuff that didn't really fit the neighborhood that is currently there. Volume of the immediate traffic in and out of the proposed area, at any targeted times, is a huge concern of all the neighbors. Dam Neck Road and London Bridge Road,that light, already backs up several times a day for two or three cycles. So, if you're adding another 4,000 cars to that already,that light could back up more. That is the main artery. And in honor of Oceana, so I can imagine that more military will would to leave work and come through that light. That will change the whole light cycle leaving the Oceana Base. As a matter of fact, if you leave Oceana now,three or four cars can get through that light to the one side of Dam Neck but if more military come that side, and then cross,then a higher light cycle timing will need to change,which will further back up Dam Neck Road and London Bridge towards the east. There is a question of the drive- thru restaurant and whether or not there will one of two drive-thru lanes. Many restaurants now have adapted two drive-thru lanes, so more cars can go through the parking lot faster.So, I question whether the volume turning into those areas would back and cause hindrance to see to make them back out later and how many cars will be in the parking lot at a time. Also,their peak times are breakfast, lunch and dinner. Breakfast, lunch and dinner are also are peak times for our buses. So,the schools that are fed off of that corridor will be affected. Breakfast time,of course, is when Kindergarteners leave out. So, breakfast time is whenever schools enter, Lunch time is kindergarteners afternoon is when the children are getting home. That area happens to be fed by many schools. The other question is activities at the church itself. 300 cars in and 300 cars out at any given time for their activities,which do not include and we have not yet considered Christmas and funerals and weddings that could hinder other times other than traditional Fridays and Sundays. London Bridge corridor,the curve is very difficult to see. And I'm asking you not to make it more difficult for our kids and our community and our animals in the Item#D3 Grace Bible Church of Virginia Beach, Inc. Page 11 community by adding high traffic businesses with drive-thrus. I respectfully ask that you deny B-2 Zoning. Dee Oliver:Thank you very much. Gina Miller:Thank you. Jan Rucinski Our next speaker is Blair Hollowell. Todd Hollowell: I'm her husband. She denies. She actually got called into emergency surgery so she is not able to make it. Jan Rucinski: Okay. Thank you. Then I guess Todd you're next. I just wanted you to get a little more exercise there. State your name for the record. Todd Hollowell: My name is Todd Hollowell. I got a couple of photos that my wife did prepare and I she did want me to pass them around for you guys. Back in college,they always talked about public speaking class being nervous or would you rather get eaten by a short of do public speaking? I think I which now I would like to do now. I appreciate the time allowing me to talk. My family and I own the Log Cabin Farm which is actually located at 2274 London Bridge Road. We've been there for just over a year and a half. The farm has been a fixture in the community for about 25 years. Actually if you look where London Bridge is, right there where that parcel right across, it is 6.1 acres. Our farm has the largest 484 foot street frontage on London Bridge Road directly across from the proposed B-2. Mike Inman: There is a pointer right there. Jan Rucinski: It doesn't work. Jeff is in charge of the pointer. There you go. Todd Hollowell: So right next to the 0-2,that is our spot. Jeff Hodgson: Right here? Todd Hollowell:The other side, the larger one. That is Log Cabin Farm. That is 6.1 acres,and like I said, 484-feet street frontage directly across from where the rezoning is looking at for B-2. Our dining room table right there sits 138 feet from London Bridge Road and less than 200 feet from the main entrance that they are proposing to come in to this new proposed commercial property. My wife has purchased a small six-acre farm to bring agriculture into the community and not see this here. We have been voted Strawbridge and Princess Anne Farm community since 2007,as small business people and as property owners. This farm and family community has been home to our family's horses,goats, donkeys,which you have all seen pictures of right now,and other numerous animals for the last ten years,as well as, many other horses as others have stated right up the road,three doors up the road. So my concern today is if these land parcels are rezoned to B-2 commercial properties, they will be a strong possibility there will be marketed and sold to various fast food establishments with drafty windows that make their business successful and how a few seconds it takes to deliver a customer their order. I know you have already had some concerns about the promoted neighbors about these. I would lie to focus my concern on the trash and pollution that will surround B-2 zoning on these areas. I understand that the church Item 403 Grace Bible Church of Virginia Beach, Inc. Page 12 will do the best they can to try and sell it to the best people, but unfortunately,once the church sells those parcels,they have no control what those owners does to it and what the patrons do to it. And if trash ends up in the street and blows across the street, my horse is actually pregnant right now and due in next Spring, eats it,what does that happen to my horse and my family? It his mind that the seller could recognize the community support and the need for Grace Bible Church in the community and can come to an agreement that allows Grace Bible Church to continue its mission in Strawbridge Campus without having to rezone to B-2 property. I respectfully ask that you deny the rezoning application presented for the B-2 development. Thank you. Dee Oliver: Thank you. Jan Rucinski:Our next speaker Terri Lavenstein. Terri Lavenstein: Thank you. Jan Rucinski: Please state your name for the record. Terry Lavenstein: My name is Terri Lavenstein and I have laryngitis. I will do my best. Thank you. Madam Secretary, again, my name is Terri Lavenstein. I live and raised my family at 2324 London Bridge Road for nearly 35 years. My farm is directly across the street from Fox Ridge Farm the other side of London Bridge Road. I do not support the current application due to the development on the property across the street for several reasons. One of my concerns of this request is the estimated increase of almost 4000 vehicles per day projected on the site of London Bridge Road. Please note as others have said that many of these fast food restaurants have double drive-thru so even though they are proposing one to two fast food restaurants, remember fast food is fast food.They want you to go in and out fast. The road has not been designed to be this type of work. Double drive-thrus will cause traffic.The proposed has a large curve and I believe the additional traffic will greatly increase the number of accidents. Alost 35 years of residency, I have watched London Bridge Road develop from a two lane road into a four lane heavily traveled suburban corridor. During this time, my neighbors and I saw damage injuries and death due to car accidents in our front yard. For example,this year, I had to replace my mailbox on several occasions, and I had to repair my foot pasture fence, relocate my animals to a safe area due to people running through my fence into my yard. And, not to forget the horrible sight on that one evening of a girl, in her mid-20's, lying dead directly in front of my house in my front yard just past that dangerous blind curve. I am strongly opposed to the B-2 development that the Grace Bible Church is planning because of this traffic increase, and the increase of accidents all on London Bridge Road in front of my house, and where my children drive and many others. As in fast food restaurants now they are going to have double drive thru windows,distracted with their food,their drinks,and their change from ordering and their condiments. That is a 45 MPH connector corridor. Upon many people who eat and drive increase odds of an accident by 80 percent, and it actually is worse than texting while driving. It shows a 60 percent increase in odds of accidents.The National Private Traffic Safety Administration states that you can be driving and it is more dangerous than texting than driving. We're going to need police officers and traffic monitors to help the church in order to exit the property on a regular basis. One of these ingress/egress areas entrance or exits will be directly in front of my property to extend parcel"E". Established trees are there. Those and the one near the wetlands will be destroyed and because of development. My question is if this is approved,what's next? Please consider those points that I raised. In closing, please consider that drivers,their ponies, Item#D3 Grace Bible Church of Virginia Beach, Inc. Page 13 rescued cats, dogs and more on our little slice of heaven. For this and many reasons mentioned today, I respectfully request for you to deny Grace Bible Churches rezoning application. Thank you for your time. Dee Oliver: Thank you. Jan Rucinski:Our next speaker is Sally Walters. Good afternoon, if you could please state your name for the record? Sally Walters: Good afternoon. My name is Sally Walters and thank you for hearing me today. I am an owner resident in the Strawbridge neighborhood.We haven't heard from anybody else. I'm representing Strawbridge. I've lived there 23 years. I'm the mother of two. My kids attended Strawgbridge Elementary, PA middle an Kellam High. My son was in a bus accident on a PA Middle school heading home from school one day. It was a collision with a bus and a cement truck. And, I got a call at work in Norfolk telling me about it, and the drive to the crash site. Let me tell you it was absolutely horrific.The things going through my mind,and, I wouldn't wish that on anyone. Kids were hurt. One pretty badly,and my son was on the many kids that had to go to the emergency room and get checked out. Most parents as would be ere able to bring their children home that night. There was one little girl that sustained incredible injuries and was in the hospital for many days. I am grateful there were no fatalities. So, my focus appropriately is on the school buses traveling on London Bridge Road corridor. Together,with this B-2 zoning, I'm opposed to this application going forward. It is a residential community that we live in and such there are scores of buses raveling on London Bridge Road with our children. For nine and half months of the year,four times a day,the volume of these restaurants are very high. You've got to remember you have not only the morning runs and the kindergarten runs, but you have the afternoon runs and you've got the activity buses. So, that's a lot of traffic. We seem to be a unique in that we have a number of schools that also use this corridor.There is one elementary school, Strawbridge,three middle schools,three high schools,and there are academies as well. There are eight high schools and three middle schools with buses going on this corridor. And this is all based on what I drew from the Virginia Beach City Public School website.The information what I received from people at the schools, because I did call around to the schools, and it is a number crunches and I came up with a figure that I think is conservative of a 150 times a school bus would pass along this corridor. You see the school start picking at 5:30, at least the high schools and the academies, and then at around 7:00-8:30 are the elementary schools,8:00 to 9:00 are the middle schools and special needs.There is a 9:30 bus for speech. The kindergartens start having their bus activities from 10:10 to 12:30. Dee Oliver: Ms.Walker, I'm sorry to interrupt. You've run out of time. Sally Walter: Can I summarize please? Dee Oliver: Real quick. There are lots of people waiting to speak. Sally Walter: Okay, 150 buses. Buses cannot dodge cars. They can't stop on a dime. Drivers cut them off all the time. I saw what happened first hand, and I just don't think it is worth it to jeopardize our kids, our precious cargo. The numbers that make our families, and the kids that are going to be our Item #D3 Grace Bible Church of Virginia Beach, Inc. Page 14 future. I respectfully request that you deny the application as it has been submitted. Dee Oliver: Thank you very much. Jan Rucinski: Our next speaker is Robert Goodman. Robert Goodman: My name is Robert Goodman and I live at 2432 London Bridge Road. Madam Chairwoman,and members of the Planning Commission,good afternoon. Dee Oliver: Good afternoon. Robert Goodman: Like I said, my name is Robert Goodman. I live at 2432 London Bridge Road which was the original Princess Anne community. I have been a resident here for over 23 years. Today you have heard from the representatives of the individual communities that surround the applicant's site as well as some of the citizens that live in those communities. They have voiced their concerns for the impact on our communities, if this application, as submitted, is approved. Some of the concerns included the lack of a comprehensive study to evaluate the impact of the potentially significant increase of traffic, 3,700 average daily trips in that area of London Bridge Road adjacent to the site based on the plan and projects use of the site by a church as well as that of the use by the potential businesses on the B-2 properties.The flow of traffic along this stretch of road can show a significant increase of U-turns being made in both directions at the existing median openings. They also expressed concerns that the increased traffic in regards to the safety of the school children of all ages that travel by bus at various times throughout the day, and they expressed concerns about the potential traffic traveling through our neighborhoods to avoid congestion on that road. We all know people take shortcuts. There were also serious concerns that allow the rezoning of parts of the site to B-2 is deviating from the intent of the Comprehensive Plan that designed the area as suburban. It is felt that the 8-2 commercial rezoning would not enhance the existing neighborhoods to comply equality or attractiveness and would negatively impact the mobility of the citizens that live in these neighborhoods. We are strongly requesting that Planning Commission recommend to the City Council to disapprove the application as submitted by Grace Bible Church. Thanks you for your time and consideration. It has been an honor to be able to address our Planning Commission. Thank you. Dee Oliver: Thank you for coming down. Robert Goodman: You're welcome. Jan Rucinski: Thank you.That was our last speaker. Eddie Bourdon: Thank everyone for coming down. I made a call on Matt Breitenberg to assist in a couple of points that he may want to speak on in rebuttal. It was nice to see Tom Holden. I haven't seen him in quite some time. I look forward to talking to him when we are done today because it is our absolute belief,along with the professional Staff that this does fit given the parameters that we are dealing with. Mr. Ingram,we couldn't agree with Mr. Ingram more. Mr. Ingram said he would like to see this property developed residentially. We would too,and we wouldn't be here if that were possible, but that is not possible. Because of an action the City took to maintain NAS Oceana and our community. That was our belief if that's true. The other gentleman, who spoke after him from, I believe,was it Item 8D3 Grace Bible Church of Virginia Beach, Inc. Page 15 Mayberry,talked about the City's desire to maintain Oceana, and this is absolutely,completely consistent with that. That is what we are trying to do. We are not trying to fight City Hall. We are not trying to file a lawsuit saying lets us put houses here where you say we can't because the Navy doesn't want them here. So,we laid it out and you all clearly understand it that the church uses the absolute best possible use for this piece of property and the limited commercial use is just that, limited,and limited use is that due in fact fit from what we are walking into. I would also point that there is existing B-2 zoned property on London Bridge Road to the west of the subject site,two fairly substantial ones, undeveloped. One was cut off when the road realigned and you could pull the map. And you can see it on the one down here. The gentleman who spoke,who spoke last month,who is a leader at Beacon Baptist Church, last month they were okay with B-1A, now they don't want anything in here. We won't get into the fact.They are trying to have their property rezoned commercial and try to buy this piece of property but he suggest they are 10 parcels on London Bridge Road that can be rezoned B-2.That is blatantly untrue. There maybe 10 undeveloped parcels on London Bridge Road, but not that can be zoned B-2 because they either have residential uses restrictions on them that can't be rezoned to anything other than residential or they have Navy restrictions on them that restricted them to industrial use only. There are two B-2 properties that are within 2/10 of a mile east of this piece of property and Mrs.Smith's 20 plus acre farm. I looked at a map and it is not zoned B-2 it could be zoned B-2. It is not developable. There is a lot of reasons why it can't be rezoned B-2 that I can appreciate that he doesn't have an understanding of those things but anyway, so statements were made again that were inadequate by Mr. Ingram .Grace Bible Church does not have any services and will not have any services at this church on any day other than Sunday.They don't have Friday services. They don't have Saturday services.They don't have services at peak rush hour traffic Monday through Friday, morning or evening. On Sunday,they will have people out as most of the larger churches in our community were blessed to have,they will be out there directing traffic when people leave but that is certainly far,far from the peak traffic housed on this road. And this road is,as you heard from Ric Lowman this morning is one of the safest roads in the City,and is well below capacity. And some of the numbers we heard this morning out there, I didn't even follow them all. This is not going to be a 26 acre shopping center,and not it going to be, if approved a 24.8 industrial park with a lot of large vehicles with no restrictions on hours of operation. Because businesses that are industrial do things through the night and those are the only uses on this property. We certainly wish that this property could be developed residential like those that surround it but the best thing for it to be is not industrial park or a 24.6 acre shopping center. Some might think it's a great idea that it be somehow or condemn it to being nothing but a horse farm like that of the Taylor's sister horse farm.They still have part of it that is the largest in this area,and as you all well know,vast majority of that is now industrial park. And there is a lot of industrial lane to be developed to the west of the property on London Bridge Road that is all that can be developed for. The church wants nothing more but then the entrances to be safe that is why we proposed full turn lane for the entrances,a full turn lane, not a short turn lane. We pushed another turn lane there but that is not as safe as doing the full turn lanes and a loop road inside. The individual businesses have no direct access to London Bridge Road. Only the main two entrances where the one will be, which will have a full turn lane, and then we'll have internal circulation, not a bunch of curve cuts along the road. Safe as can possible be, and this is already a very safe road. It is a safer road that will continue to be safe because of the limited nature of what's going to happen. This is all basically be industrial from this point forward that the properties that are not already zoned and this is the one,again,that is a.We realize that we are in the middle of residential but because Mrs. Smith didn't sell out to subdivision people. She is the one now,who is trying to fit that thread through the eye of the needle. This is,we believe, absolutely. Last month it was try to restrict it more. We've done just that. I didn't hear anybody come Item#D3 Grace Bible Church of Virginia Beach, Inc. Page 16 here to day and say anything other than they don't want to see a drive-thru. We had a list of all the things that were not going to do on this piece of property. I didn't hear that. We've heard no drive- thru. Now there is no B-2. There is already B-2 out there and, I-1 would bring bigger larger crowd of people who weren't happy.And,this will not impact their property values. It will be absolutely done safely. And the church will, I think will be the best possible neighbor than, again, somebody wants to condemn the property. And somebody wants to come in and pay what the property is worth for a horse farm, and that is not going to happen.So,the church will make sure that the development and it can't change. As one of the gentleman said,this is proffered. Okay.What goes in there can't change without coming back to this entire process. Maintenance,the church is going to care far more than anybody else about how the properties are maintained.The church can have, and probably will have restrictions of their own on the properties to make sure they are well maintained, because, as I've said, it's their front door. These businesses are not at the entrance to anybody else's neighborhood.The wetlands on the west side are being preserved.The trees in that area are preserved. We can't go in there and take those down. We have a wonderful area of a treed buffer on the property and on the west side of the property. We've got a landscape buffer on the east side which is much larger than is required. We buffered the parking lot.There has been a drainage study done. A preliminary study or we wouldn't be here without it. We'll have large BMPs on the property. They are shown on the plan. We will not be putting water on anybody else's property. The church will have security cameras around the church when they are not there,so they will monitor what goes on the site. We haven't had problems at their other campuses and certainly they are going to be good neighbors.There will be someone in the surrounding community they can contact if there is a problem or if there are people on the property that shouldn't be on the property at times. The church is certainly concerned. It is a nice neighborhood, a nice area. Again, my family owns a very large property on London Bridge Road,and has before any of these residential neighborhoods that were developed. So, I don't think there is a better use that this property can be put too. The thought there is going to be these large fast food restaurants with double drive-thrus, it is not realistic. It is not going to happen. We're talking about small businesses,self- service businesses because they are going to be where they are on General Booth Boulevard,and that is the major highway. And down at Upton and Nimmo. That is the major commercial hub in this part of town. I probably forgot a couple of other things I was going mention but I am sure that Matt can fill you in before I forgot and if there was a question that came up what and what you heard and haven't addressed, I'm happy to do so. Dee Oliver: Eddie, I think was one gentleman was concerned and maybe when I missed it when you said it and it was lighting. Eddie Bourdon: Oh yes. Thank you.Our Zoning Ordinance is very clear and we have also proffered the lighting on the site must be screened and cannot spill over on to anybody else's adjacent property. Strawbridge is an excellent shopping center in that their lighting is very low level and this would have to be similar to that and it is not going to be bright situation,and with the restricted hours that were asked for by the community, by the commission, nothing is going to be going on the site after 11:00 p.m.That is an ordinance requirement and we proffered it as well. The City has complete control over the lighting on the site to make sure it complies with the ordinance. It's true that there are some older shopping centers in the City where that were built before those restrictions came into play that may have a higher level of lighting. We're not going to have that and the church itself doesn't have much lighting at all. They are not there at night fort the most part. Item#D3 Grace Bible Church of Virginia Beach, Inc. Page 17 Dee Oliver: Are there any questions? Eddie Bourdon: We got the two changes to the proffers that we will make between her and City Council. Number one with the access and number 2,we'll make it very clear that any drive-thru that should there be one,that it be placed on the property will be behind the building. Dee Oliver:Okay. Jeff. Jeff Hodgson: I've got a question I think you mentioned that you had no intention of not putting McDonald's, Burger King, or Wendy's or anything like that. Eddie Bourdon: Correct. We know we couldn't do that if we wanted too. Jeff Hodgson: My questions is,and I've never seen this happen, and just for curiosity's sake, Proffer 2, can you call out a business by name? You can't? Eddie Bourdon: The commercial real estate can tell you that if were putting a shopping center on this piece of property,you might have some interest but even then,they are not going and they are already out there. We've already got the power center at Red Mill Commons and Strawbridge combined and with the Hickman property coming on line soon, and what Cheryl McClesky has got General Booth and Dam Neck, which already has its amount of retail and all of the big players are already there. That's not what we're trying to get there. We wouldn't succeed if we were. You may have a three different retail spaces in a small building. One of them and it would be a great use in my opinion would be a Krispy Kreme, like we got over on Independence Boulevard, excuse me,on Northampton Boulevard. You don't even know it's there. It's in a little strip shop,something like that. Very high quality, I might add. That's the type of thing that's likely has a shot to happen then but what folks are worried about is not going to go here. It's true we're talking about a commercial real estate.That is not what you're going to get. It's going to be a limited soft retail service type uses, again,that is why I wanted 8-2 versus B-1A. We know there is interest from some people for indoor recreation,and more than one type of indoor recreation which is a perfect fit. You can't ride a horse in the winter time. I take that back. Dee Oliver: Mike? Mike Inman: Eddie, I am just trying to figure out how you got to Proffer 3 at the end you have agreed not to permit eating and drinking establishments with drive-thru windows on Parcel E. Why not the other parcels? Eddie Bourdon: We put it on Parcel E along with the restrictions because Parcel E is actually adjacent to residences, even though we're putting a large buffer between this property and the residences. That is the reason why we restricted Parcel E,so they wouldn't have a drive-thru behind the building even being behind the building is going to be next to somebody's house, where on the other parcels. We didn't restrict that because we were concerned about traffic. I understand the concern about traffic but the traffic here is not going to be in anyway be excessive, and it is going to be far better type of traffic because there is going to be more, because most of the traffic is church traffic on Sunday but it is controlled versus if you have industrial use,you got traffic coming all hours do the day, large trucks, having to maneuver out there with the cars,so;the reason why did that is because we didn't want to Item#D3 Grace Bible Church of Virginia Beach, Inc. Page 18 have somebody's property back in there part because there are homes over here. That is not the case with the other three.The only on back there is the church. Mike Inman: Not a thorough answer though. Eddie Bourdon: Not thorough? Not logically either? Mike Inman: Make logical about widening it selected Parcel E Eddie Bourdon: Because they are trying to be a good neighbor and trying to do what's best for the people who surround it. Dee Oliver: Is there anybody else? Thank you. Is there any other questions? I guess we'll close this and open it up amongst the Commissioners. Yes sir. Donald Horsley: Can I ask Mr. Lowman a question? Dee Oliver: Yes,that's a good idea. Donald Horsley: Ric,are you pretty set on this 3,700 car increase? Ric Lowman: We have general rates that we use for different zoning district. It takes averages of the different uses. It doesn't assume the highest use on every single inch of property but it doesn't assume that it is all going to be. It is an industrial average. Donald Horsley: Is it highly likely that the businesses that end up here will be small in nature and most of the traffic will be drive by traffic that is actually going by anyway and stopped in for some odd reason? Ric Lowman: I think a lot of I will be by drive by traffic. These sites are not very big so you're not going to get and there are not shopping centers where people are going to be coming from all over the place to get to there. A lot of it would be drive by I'm not in marketing but I would think a lot of it would be drive by or passer-by. Donald Horsley: I wouldn't think that this quality of commercial would bring a lot of destination traffic. People would drive to get there. I think half of them would be just by drive by people. Ric Lowman: With fast food, I hate to keep saying because everybody is using them the word drive-thru for fast food but with those type of businesses a lot of those are pass by because you don't go out of your way to go one of these because you're going to pass by one on the way home or wherever you're going as it is. Donald Horsley: If that be the case, it is not highly likely we would have 4,000 cars more per day. Ric Lowman: The 3,700 cars per day, doesn't count for pass by. Item 803 Grace Bible Church of Virginia Beach, Inc. Page 19 Donald Horsley: Right.Thank you sir. Dee Oliver: Ron. Ronald Ripley: We heard about it. Six major categories before concern,two of which were traffic and safety. Do you see any reason why this site can't be designed to be safe and why and flow in with the traffic that's there now? Do you see any problem? Do you believe there will be any kind of problem creating a plan that is safe,and that also blends with the traffic? Ric Lowman: I don't. We do have the curve issue, which is something we can overcome by keeping landscaping out of the first, like 30-feet. We can make that work. They have smart engineers that can make that work so we can make the entrances safe.The turn lanes are going to make entry it not the site very safe.There are always issues with people and driver error trying to get across two lanes and then cross two more lanes at an un-signalized intersection but like one of the other speakers spoke,the signal is going to bring other problems. Signal brings crashes to begin with so;that wouldn't be our first idea to put a signal there Ronald Ripley: Okay. Thank you. Ric Lowman: The turn lanes will mitigate the effects of cars stopping on London Bridge Road to turn in. They will exit the road very smoothly if we do it by Public Works Standards. Ronald Ripley: Thank you. Dee Oliver: I do want to weigh in. When you said the word, if we do them per Public Works standards. That is correct. That's correct Eddie? Eddie Bourdon: That is absolutely. Dee Oliver:That is what we are doing. Ric Lowman: Anything else? Dee Oliver: Yes, Karen? Karen Kwasny: So I think there was two separate issues here that the community is concerned about. One is that,that they are concerned about. I didn't see. I didn't hear any opposition to the church itself so I think we have two separate issues. They are opposed to the rezoning. So, I think we need to take out of our discussion any kind of animosity of opposition to the church on that property. I don't think Mr. Ingram was saying he thought it should stay residential. He said I wanted it to say in the zoning it is with the residential community surrounding it. So, I don't believe he was stating that it should go to residential. I know they understand their AICUZ pretty clear. What I heard the residents saying what they were concerned about and I think it was Gina who said this, I may have names wrong. I tried to write them all down was volume of a variety of kind. It wasn't simply volume of traffic. It was volume of regular traffic,volume of school traffic,volume of parishioners, and volume of potential for 8-2. The lady said that's minimal,volume of U-turns,volume of loss of mobility. There were a lot of things Item#D3 Grace Bible Church of Virginia Beach, Inc. Page 20 creating a magnitude of problems for the community that was not just related to the traffic. Ric,said this would be a lot of drive-by. It will also be a lot of drive thru, if we have a drive-thru establishment on that. My sense from the community is that these are two separate issues in their mind. I'm wondering if we could ask, and I know we can ask that we vote on them separately and that we consider the community's concern about the rezoning.They are not opposed to the church on the property,which is the Conditional Use Permit as a separate element.They are in opposition to the rezoning. To me,that is the focus of our discussion. Kay Wilson: Proffer is separate from the Conditional Use Permit.The only thing you get with a Conditional Use Permit is the conditions and other related issues. Eddie Bourdon: May I approach? Dee Oliver: Yes. Eddie Bourdon: The two applications, they go together. One without the other is not going to happen. Mike Inman: I'm torn upon this application as I have been since we heard it last time. And I am still am because I have to say, if you view this property in its environment of maybe a mile radius and you see what's surrounding it,what you see is green. And what you see is houses. And what you see is horse farms,and whatever. I agree that this property owner deserves to have some use if it's reasonable but compatible with what is around it. I think that's what the Comprehensive Plan calls for personally.And, the leeway given by the proffers with the imposed restrictions, it just feels far enough. There are 60 plus uses under B-2 different uses you can make a property either by-right or by Conditional Use. And, I am certain there are other uses that could be found besides eating and drinking establishments with drive-thru windows. Why that can't be excluded, I don't know. That is not my sole issue believe me. I just think it could be crafted better to be more restrictive in terms what could go there. Therefore, I won't be able to support it. Ronald Ripley: I didn't hear whether the church was objectionable either. I didn't think the uses for the church were. But on the other hand, I did hear traffic and safety and I heard that somebody was concerned about losing views and the horse farm,which is not really needed to own the property to have that. But it was fast food and drive-thru. That is what I kept hearing and I keep looking at the site and the site looks to me to be a pretty open site the way it is being proposed to be developed. I think that the restrictions that have been placed on it, probably puts it in a good position to move forward, in my opinion.What else are you going to do with the property? You don't want it industrial? You can't use it residential. What else are you going to do? You don't want a shopping center there. I don't think. And these uses up on front are big parcels, so;they are going to be pretty open uses, and the site itself is going to be more open than typical. So; I'm inclined to support it. Jeff Hodgson: Like you said,are you required to do anything to it? I mean are we obligated to change zoning on this property? Ronald Ripley: You can deny it. Jeff Hodgson: I mean, I understand the economic impact that she didn't sell the property when Item#D3 Grace Bible Church of Virginia Beach, Inc. Page 21 everybody else did. So, she didn't reap the financial benefit, but I think we, and all say that about things in our lives. I wish I had done a lot of things in the past and could have made me or saved me a lot of money that I didn't do. I can' be expected to now say, "Hey do me a favor, and let me make my off of whatever situation it may be." So; I'm struggling with that aspects one of my issues. Dee Oliver: Jack. Jack Wall: It does appear thee is not really any opposition to the church. In fact, I am highly encouraged about Grace Bible Church, but my concerns are that it does negatively affect the character of the residential area on London Bridge. And, I think it is kind of in contrast to the recommendations of the Comprehensive Plan for Suburban Area, for creating and maintaining. Dave Redmond: I agree with Mr. Ripley. And,a side from anybody else's thought about someone's intention or missed opportunities or all of that. So far as I can tell is low intensity use as you're going to get on this site. 2/3 thirds of the site would be the church grounds and it would be in use one day a week. So, I don't know how it gets less intensive than that. I'm not one who opposes eating and drinking establishments with drive-thru because this could be some very attractive places like the ice cream parlor I have to take my daughter to when you come home. I don't view those as bad in some way,even then they are restricted so, I don't know if this will be a horse farm forever. I completely agree that a 21 acre industrial park would be significantly more impactful. This is a highly developed as part of the City which you can see from that zoning map with a whole lot of house,and a big commercial operation across the street,this is perhaps a different kind. It is highly restricted. It's as low impact as you can get. I don't know how you make it any less impacted than that. One day a week, 2/3 thirds of the site,a host of restrictions on there,and Mr. Inman, I understand your concern but it is rare that you see a list of or an applicant has struck as many uses from what you might be able to do. They proffered to as many restrictions on themselves in terms of uses that it strikes me just as restrictive as one can still make it,and it is opposition to the church because these are indivisible.You just can't take a plan and pick out a part here and there.That's a whole application. It can't make it work without those. I don't know what their finances look like but that's how these things work, so if you vote against it, you're voting against the church. It is just that simple. It's up or down. Dee Oliver: Mike. Mike Inman: The light you see is Grace Bible Church being on that site, I think the community would be delight Grace Bible Church on that site but I think there are other ways they can be on that site without having the impact whether its cutting it down to commercial sites or whatever.Commercial, is just really not fitting into that community. I think it is not consistent with the Comprehensive Plan, in my opinion. Obviously there is a difference of opinion with the Staff. That is the way I read very much the way Mr. Holden read it. He is quoting from it. Dee Oliver: Is there anyone else? Karen Kwasny: I would like to make a motion. I wholeheartedly agree what Mike's comment about the Comprehensive Plan and Mr. Holden's comment in relation to it. I don't think this is compatible with what the shape of the area at the present time,and I don't believe it is what the Comprehensive Plan calls for that area. I also think that we aren't a body that is making a decision on this. We're Item#D3 Grace Bible Church of Virginia Beach, Inc. Page 22 recommending a decision and so between now and then,the church is claiming to want to be a good neighbor to this community and work with this community, and the one thing that is the most bothersome to the community,the church is holding a strong arm. And also making the promise to the community that they made a good decision about who would go in there, and frankly the market will dictate that. If they can't sell those parcels in any other way,than to a fast food establishment that would be glaringly inappropriate for that area that will be what is sold to,so they can make the money they need fort this parcel. That's logical in my mind. So, for this to be a good fit for the church and the community, it seems to me that there is time between now and City Council, if when I make my motion, we recommend denial,then between now and then it is possible for them to really rethink this thing that really bothers the community, which is this commercial development on that property. The rezoning of those parcels to commercial is what bothers the community, and that needs to be something that the church take into consideration to be a good neighbor. Having said that, I would like to make a motion, because we have to deny the entire application, as Mr. Bourdon directed us, I would like to make a motion to recommend denial. Jan Rucinski: I'll second that. Dee Oliver: A second by Jan Ed Weeden: To deny the application. Dee Oliver: Yes. AYE 7 NAY 3 ABS 0 ABSENT 1 HODGSON AYE HORSLEY NAY INMAN AYE KWASNY AYE OLIVER AYE REDMOND NAY RIPLEY NAY RUCINSKI AYE THORNTON ABSENT WALL AYE WEINER AYE Ed Weeden: By a vote of 7-3,the Commission has denied the application of Grace Bible Church of Virginia Beach, Inc. Eddie Bourdon: Thank you all. Dee Oliver: Thank you all so much for coming down. Is there any other business? If not, this meeting of the Planning Commission is adjourned. 69 Item -V-K.1O PLANNING ITEM#67523 Upon motion by Council Lady Kane, seconded by Councilman Dyer, City Council DEFERRED TO NOVEMBER 7, 2017: Ordinance upon application of SXCW PROPERTIES II, LLC and FULTON BANK, N.A. for a Conditional Use Permit re a car wash and service station at 3264 Holland Road (Deferred September 19, 2017)DISTRICT 3—ROSE HALL Voting: 10-0 Council Members Voting Aye: Jessica P. Abbott, M. Benjamin Davenport, Robert AI Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Mayor William D. Sessoms, Jr., John K Uhrin and Rosemary Wilson Council Members Absent: James L. Wood October 17, 2017 I f We. j v os > 6 Zje44 ›. Tr . - ....---- . , ak 1 $ ' .---' 0-'‘:: :-.' '1":.../.-''' ."7- . . ''''''''''. ' - /4*'%`‘. 41)Ca ,,,"' 0.6 - /...''''" ...< 0 .A.s -�- :031.,. '�71-" i'' ''' ''''% \ 0:\VV ell.lb. * • : ,::::-:...,_...) .,...„,r,..\\ \ . r ) I N)\Yj I:141 ' bp 41 r '� 1`,Z1117. I:- ;' ' ''' �` \ CO �, \ . . \ 4 .,: , ' ' ___________---.________4 , ti% 4 � _ s, � . 0.4111, 4,010 • 41, ., ______ _di .,,,...\.11.1,‘ .:,, . .0 silic.,,.. ., ;is:, ;....!t , :11/41...... ,,t7/.• 4000, *0,2 •T 2., ...._ . ktp,,,, fr 01 4 - — 743 ta',, ,- * 11.4* . I' r — _ , ,- 0 , ,-• ,. "4> ''' S -,, ..,-,. . ---0_,.....-----0 c, *--\. . -.. ._ •. .. illinew b.; l,*► 'e� k ,, ' liiiie" , r fipi 0 6 CM O• X.,-; s6 /\ --- ", \-7\1 .'•N4 ' )pis Act4.11 -,--- X/ # 0 1 ' 4A Y \, \\‘, 414)1! 6... _. * 01' #4. *IIIPPF,,, .:\< , ›L\ 1a j j �N r\ [ 4-0-rik)., CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SXCW PROPERTIES II, LLC [Applicant] FULTON BANK [Property Owner] Conditional Use Permits (Car Wash & Automobile Service Station) 3264 Holland Road (GPIN 1495093490) COUNCIL DISTRICT— ROSE HALL MEETING DATE: November 7, 2017 • Background: This application for Conditional Use Permit for a Car Wash and an Automobile Service Station was deferred by the City Council at the September 19, and October 17, 2017 public hearings. The request is to develop a vacant site along Holland Road with a single-track automatic car wash and a 10-pump gas station. To further alleviate impacts to the neighborhood, the Planning Commission added Condition 13 that will limit the hours of operation for both of the uses from 7:00 a.m. to 9:00 p.m., seven days a week. The vehicular access has been modified since the Planning Commission meeting to add a right-in only entrance along Holland Road. A single point of ingress/egress along Warwick Drive is also proposed. The parking spaces and dumpster have also been relocated farther from the right-of-way. The number of vacuum stations was reduced by one, and an electric vehicle charging station was added to the plan.The revised plan depicts a 45-foot wide"no build"area along the rear property line adjacent to the existing neighborhood. No improvements will be allowed within this area. As required, a 15-foot buffer is depicted along this property line. However, the applicant has requested a deviation to the requirement of planting Category IV plant material, as it would create an alley with no visibility due to the presence of an existing fence on the neighbors' properties. Rather, Staff has requested that this area be planted with a mix of evergreen and deciduous trees that may be limbed up to six feet in order to provide visibility below the fence line, while still providing the appropriate screening to the residences above the fence line. The applicant is agreeable to this deviation, as recommended by Staff in Condition 6. Along with the prohibition of both an eating and drinking establishment with a drive through and a convenience store, Condition 6 limits additional uses that will be prohibited include bars and nightclubs, body piercing establishments, borrow pits, bulk storage yards, craft breweries and distilleries, heliports, mobile home sales, motor vehicle sales and rental, tattoo parlors and wine tasting rooms. SXCW Properties II, LLC Page 2 of 4 • Considerations: The modified conditions and plan revisions noted above are depicted in the recommended conditions of approval in the Agenda Request Form and within the Staff report. The proposed site layout, in Staffs opinion, is respectful of the existing neighborhood by locating the most intense use along Holland Road, away from the dwellings. The applicant has significantly altered the design to eliminate a majority of the primary colors proposed on the buildings and on the structures. Some red accents remain; however, Staff is of the opinion that the proposed elevations depict buildings and structures that will blend in with the new development typical of this area. It should also be noted that along with limiting uses permitted on the site, the applicant has proposed a brick wall, eight feet in height, to provide a visual and physical barrier between the property and Old Club House Road and the 45-foot no build line. There were two speakers at the Planning Commission meeting who noted concerns related to traffic, and questioned the necessity of an additional car wash facility at this location. Further details pertaining to the request, as well as Staffs 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, subject to the conditions below. 1. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "SAM'S XPRESS CAR WASH & GAS STATION PREPARED FOR SAM'S REAL ESTATE,"prepared by Kimley Horn, dated May 1 October 16, 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, fuel canopy, vacuum canopy, vending enclosure, and dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations entitled, "Sam's Xpress Car Wash, Sheet numbers A200,A203, A204, A250 &A251," prepared by R IV Architecture, and dated July 13, 2017 and May 1, 2017, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. The freestanding sign shall be monument style with a brick base that matches the brick exterior of the car wash building and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit entitled, "Sam's Xpress-Virginia Beach" prepared by Casco Signs Incorporated, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. SXCW Properties II, LLC Page 3 of 4 4. Signage for the site shall be limited to: a. Directional signs. b. One (1) monument-style freestanding sign, no more than eight (8) feet in height, set on a brick base to match the building brick and two (2) building and/or canopy signs. c. Striping on the canopy shall be limited to ten (10) feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. 5. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on the site—layeut landscape exhibit entitled, "Conditional Use Landscape Plan," prepared by Kimley Horn, dated October 16, 2017, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development;" . Said plan shall adhere to all requirements of the Virginia Beach Landscaping Guide. 6. The following uses will be prohibited on the site: a. Eating and drinking establishments with a drive-thru b. Convenience stores c. Bars or nightclubs d. Body piercing establishments e. Borrow pit f. Bulk storage yard g. Craft breweries h. Craft distilleries i. Heliports and helistops j. Mobile home sales k. Motor vehicle sales and rental I. Tattoo parlors m. Wine tasting room 7. The red synergy element depicted in the submitted fuel canopy elevations shall not be permitted. 8. The hoses for the vacuum system shall be black in color. 9. Prior to the issuance of a Certificate of Occupancy, a one-foot no ingress/egress easement shall be recorded on the property line adjacent to Holland Road and adjacent to Old Clubhouse Road. 10.As depicted on the submitted site layout in Condition 1, a brick screen wall eight feet in height shall be constructed along Old Clubhouse Road. SXCW Properties II, LLC Page 4 of 4 11.The existing freestanding neighborhood sign for Scarborough Square shall be replaced with a freestanding sign, no taller than six (6)feet in height measured from the ground to the top of the sign and shall be substantially in appearance as depicted on the submitted sign exhibit entitled "SAM'S REAL ESTATE — SCARBOROUGH SQUARE," dated 7/11/11 and prepared by Casco Signs Incorporated. Said sign shall be located as depicted on the site layout referenced in Condition 1 above. 12.The hours of operation on the site shall be between the hours of 7:00 a.m. to 9:00 p.m. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. I L 1 Submitting De r e HA envy: Planning Department/ i —IC„ {CAA �,� I ) City Manager: fff"""""""""lll I/'`/j'�' Applicant SXCW Properties II, LLC, a NC limited partnershipNIB Agenda Item Property Owner Fulton Bank Public Hearing August 9, 2017 (Previously Deferred on July 12,2017) D2 City Council Election District Rose Hall Virginia Beach Request Conditional Use Permit (Car Wash & t , ''''oAutomobile Service Station) 13. A. q,ci.a °�, % °°^'�° Staff Recommendation ' z "�� "�bb� >7I5 dB DNL a Approval S ' 1 AP/2 i `� °`', SSS k' nR a �, AP11 k` Staff Planner p 7075 dB DNL ° yW 6570 dB NL Jimmy McNamara , o\ �t t o,•� 0• .77$46` e Location I . 6 3264 Holland Road 4 o .dj0 GPIN a 1495093490 Uri s; \ Site Size 4.49 acres AICUZ 70-75 dB DNL, a small portion of APZ-2 Watershed Chesapeake Bay Existing Land Use and Zoning District 'll ,� y Vacant lot/ B-2 Community Business � � �' • ;ii •j,,:•''` ff ' •- . `, far-- ,• • V � � *t r, - '�� Surrounding Land Uses and Zoning Districts ( \4,\ .' � ==e.. , ' yr •A s lc;9 North ,•. .', j, r� 5,' ` : =� � ' Townhomes/A-12 Apartment ' * , t o` ;, e�°?' . o`n" South �• k t_ Tt3 4. fsr C, .. 4. Warwick Drive ti ";•.:,? � `�.. I '?-4;. `s4 • •; �!•''?r.,. Site under construction/ B-2 Community J,• ,orc. 'b ',?.: • � o Business ter: ' •_ '•ti , East t �' �' X.. Townhomes/A-12 Apartment 6 ri' �e' i►P"' „� i ? West �� +T'• • -�= .',..`; rsi- "tre !'� t.�y� Holland Road . . ./ „r4 ,-.:,:•;:•....,•4:., ,4:.. ,c=vi71 Child day care, townhomes/ B-2 Community 'I'.•f triC ,,„ Business, PD-H1 Planned Unit Development SXCW Properties II, LLC Agenda Item D2 Page 1 Background and Summary of Proposal • This item was deferred by the Planning Commission at the July 12, 2017 public hearing in order to revise the area covered by the requested Conditional Use Permit. • This is a request to develop a vacant site with a single-track automatic car wash and a 10-pump gas station. • Proposed hours of operation for both of the uses will be from 7:00 a.m.to 9:00 p.m., seven days a week. It is anticipated that up to six employees will work on the site at any one time. • The submitted layout depicts a44 two ingress/egress points along both Holland Road and Warwick Drive across the street from the nearby commercial shopping center's entrance. No additional access is proposed along Old Clubhouse Road. • The car wash facility is proposed to be 106 feet long, and constructed with a mixture of brown and gray brick, cement stucco, and an aluminum curtain wall system. • While most of the car wash building will be 16 feet in height, a tower feature with red decorative trellises at a height of 28 feet is proposed on the front of the building facing Holland Road. Cars will enter the facility from the rear and any stacking of vehicles will not be visible from the right-of-way. • A 134-foot long by 30-foot wide fuel canopy is proposed at the front of the site along Warwick Drive and Holland Road. • Parking for the uses will be accommodated behind the car wash facility. The 2-818 of the 32 depicted parking spaces will also serve as vacuuming stations. Twelve Eleven of these spaces are proposed to be served by a canister vacuum system. Eight of the spaces will be located under a canopy and served by vacuum hoses attached to the ceiling of the canopy. These hoses are proposed to be black in color. The canopy is depicted with a gray standing seam roof with red edge accents and supports. • Similar to the vacuum canopy, a vending machine canopy and brick enclosure, eight feet in height, is also proposed to be located in the middle of the site. The proposed dumpster is also depicted with a brick enclosure that matches the materials of the car wash facility. • A brick screening wall, eight feet in height, and landscaping along the eastern side of the property is proposed to provide a visual screen of the site from Old Clubhouse Road. • The required streetscape, foundation and perimeter landscaping are depicted on the site layout. As required, a 15-foot yard is depicted along the property line shared with the backyards of the existing adjacent townhouse development. However, the applicant has requested a deviation to the requirement of planting Category IV plant material as it would create an alley with no visibility due to the presence of an existing fence on the neighbors' properties. Rather, Staff has requested that this area be planted with a mix of evergreen and deciduous trees that may be limbed up to six feet in order to provide visibility below the fence line, while still providing the appropriate screening to the residences above the fence line. • A freestanding monument sign with a brick base is proposed along Holland Road. • The submitted layout shows a proposed future subdivision of the 4.49-acre site that will result in the creation of a nearly two acre outparcel located in the rear of the site, adjacent to the existing neighborhood. SXCW Properties II, LLC Agenda Item D2 Page 2 B 2/i/ `, -- * o,, \` ,, Zoning History PD-" to o # Request //� > ��'as.,,y d'..tb o �'`� n i CUP(Automobile Service Station with Car Wash) Denied / °,k� 08/28/2007 E e2 CUP(Automobile Service Station with Automobile Repair b a PD ��°'"�4 Garage)Approved 08/24/1999 / iy, ,- 3 CUP(Automobile Repair Garage)Approved 07/12/2016 /y 4 CRZ(A-12 to R-5D)Approved 10/14/1994 •f of t 3 \,1J� \\ YgSp 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. A portion of this site is located in the Resource Protection Area, the most stringently regulated portion of the Chesapeake Bay Preservation Area. No development is proposed in this portion 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 Holland Road 31,719 ADT 1 22,800 ADT 1(LOS°"D") 27,400 ADT 1(LOS 4"E") Existing Land Use 2—2,453 ADT Warwick Drive No Data Available 6,200 ADT'(LOS 4"C") Proposed Land Use 3—1,528 ADT _ _ 11,100 ADT 1(LOS 4"E") ---- 1Average Daily Trips 2 as defined by 4.46 acres of 3 as defined by a car wash and a gas 4 LOS=Level of Service B-2 zoned property station with 10 pumps SXCW Properties II, LLC Agenda Item D2 Page 3 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. The existing infrastructure currently resides in a 95-foot wide right-of-way. The MTP proposes a six-lane facility within a 165-foot wide right-of-way. There are no current roadway CIP projects slated for this segment of roadway. Public Utility Impacts Water The site must connect to City water. There is an existing 16-inch City water main along Holland Road, an eight-inch City water main and four-inch plugged water service line along Warwick Drive and a six-inch City water main along Old Clubhouse Road. Sewer The site must connect to City sewer. Pump Station#548, which serves this site, has capacity limitation that may require system modification depending on the expected sanitary sewer flow from the proposed facility. There is an existing eight-inch City gravity sanitary sewer main along Warwick Drive. There is an existing eight-inch City gravity sanitary sewer main along Old Clubhouse Road. Evaluation and Recommendation The proposed request to develop the site with a car wash and gas station is acceptable. The proposed site layout, in Staff's opinion, is respectful of the existing neighborhood by locating the most intense use along Holland Road, away from the dwellings. In an effort to ensure compatibility with the neighborhood, the applicant has proposed a brick wall, eight feet in height, to provide a visual and physical barrier between the site and Old Club House Road. Staff also recommends a condition that limits the uses on the future proposed outparcel. The applicant has significantly altered the design to eliminate a majority of the primary colors proposed on the buildings and on the structures. Some red accents remain; however, Staff is of the opinion that the proposed elevations depict buildings and structures that will blend in with the new development typical of this area. Staff has recommended a condition that the red synergy elements proposed alongside the gas pumps be removed. These elements, in Staff's opinion, are unnecessary and detract from the aesthetics of the site. Based on the considerations above, Staff recommends approval of the request. SXCW Properties II, LLC Agenda Item D2 Page 4 Recommended Conditions 1. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "SAM'S XPRESS CAR WASH & GAS STATION PREPARED FOR SAM'S REAL ESTATE," prepared by Kimley Horn, dated May4 October 16, 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, fuel canopy, vacuum canopy,vending enclosure, and dumpster enclosure shall substantially adhere in appearance, size and materials to the elevations entitled, "Sam's Xpress Car Wash, Sheet numbers A200, A203, A204, A250& A251," prepared by R IV Architecture, and dated July 13, 2017 and May 1, 2017, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. The freestanding sign shall be monument style with a brick base that matches the brick exterior of the car wash building and substantially adhere in appearance, size and materials to the submitted freestanding sign exhibit entitled, "Sam's Xpress-Virginia Beach" prepared by Casco Signs Incorporated, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 4. Signage for the site shall be limited to: a. Directional signs. b. One (1) monument-style freestanding sign, no more than eight (8) feet in height, set on a brick base to match the building brick and two (2) building and/or canopy signs. c. Striping on the canopy shall be limited to ten (10) feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. 5. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on the site layout landscape exhibit entitled, "Conditional Use Landscape Plan," prepared by Kimley Horn, dated October 16, 2017, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. referenced in Condition 1 above. Said plan shall adhere to all requirements of the Virginia Beach Landscaping Guide. 6. The 15-foot landscape buffer adjacent to the existing Apartment District depicted in the Site Layout referenced in Condition 1 above shall be planted with material approved by the DSC Landscape Architect that can be limbed up to six feet in height. Said plant material shall include a mix of 70% evergreen trees and 30%deciduous trees. Said buffer shall be properly maintained and any dead, diseased or dying plant material shall be replaced. 7. The following uses will be prohibited on the site: a. Eating and drinking establishments with a drive-thru b. Convenience stores c. Bars or nightclubs d. Body piercing establishments e. Borrow pit f. Bulk storage yard g. Craft breweries h. Craft distilleries i. Heliports and helistops j. Mobile home sales k. Motor vehicle sales and rental SXCW Properties II, LLC Agenda Item D2 Page 5 I. Tattoo parlors m. Wine tasting room 8. The red synergy element depicted in the submitted fuel canopy elevations shall not be permitted. 9. The hoses for the vacuum system shall be black in color. 10. Prior to the issuance of a Certificate of Occupancy, a one-foot no ingress/egress easement shall be recorded on the property line .. . -• . - . . •... . : adjacent to Old Clubhouse Road. 11. As depicted on the submitted site layout in Condition 1, a brick screen wall eight feet in height shall be constructed along Old Clubhouse Road. 12. The existing freestanding neighborhood sign for Scarborough Square shall be replaced with a freestanding sign, no taller than six (6) feet in height measured from the ground to the top of the sign and shall be substantially in appearance as depicted on the submitted sign exhibit entitled "SAM'S REAL ESTATE—SCARBOROUGH SQUARE," dated 7/11/11 and prepared by Casco Signs Incorporated. Said sign shall be located as depicted on the site layout referenced in Condition 1 above. 13. The hours of operation on the site shall be between the hours of 7:00 a.m.to 9:00 p.m. 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. SXCW Properties II, LLC Agenda Item D2 Page 6 Proposed Site Layout • Revised Site Layout Including 45-foot no build area and ingress/egress point on Holland Road \ / ] n \ i r ep `y- \ r ; j c tl tl \ `\ \ \ rte- :\ ... _ I( -,,7j 1 \ , o`o I ,I Ao 5�,�. • I 11 01 1 \ li I m i' -, 'A . :0 .I.. .> F., --. c '' , ` iy Tp •'� l:I _ , I I I 1 ' 10l I ,.. LI I 1- \ ' \ CV lJ� ,_` ICI � 1- I 1 0,4;4 \ 1 Ct 1 All■ qr"VYcw s -i el 1 • .0 S 9 lai.Od rS� . �Y. - SXCW Properties II, LLC Agenda Item D2 Page 7 Proposed Landscape Exhibit *. i .. .; • • • : 1 ! 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I.LIJT SXCW Properties II, LLC Agenda Item D2 Page 8 Proposed Elevations ' ` 3t 0 1141 ';,P 7: _ N 1 31 z iIii. c if 4 sib 1 ie I 'B 8 I� ♦ ,, 0 i':!-- 1 J-1 ..(A - i., N 111112:.- ii a ...4 i __� q J 1 • Ei / NA -—1 , Iii 1. • { ,! R ,:0 1 Iii 0 iiiln F } 11111 ',,y .�., • , 1 ig ii A i . - 1 ■� I8 :.1] r - 0 ,--'' i'' 4 1 I €• ---- !( , 31111.1 'i I 1- 1 -- 1 E r". -. 111,111 e a ;� I e �e a .1• i ' • Io IB a =8 � ; . SXCW Properties II, LLC Agenda Item D2 Page 9 Proposed Elevations e .r II 0 U W ',1. ---7/Imip!i U S _ mi Q ...--:.!7 , ,.- '1. :J J G x I fa 1t i a- C /r 73 I i s..). . I is , c, ,... , , , . _ , F. I1 :8 I 1 I\ k\‘.. \ 10 1g ig ifi tl t \ \10411i1 1. c F ' - _ r c ry U i 4 6 SXCW Properties II, LLC Agenda Item D2 Page 10 Proposed Elevations IN 117\ SXCW Properties II, LLC Agenda Item D2 Page 11 Proposed Sign Elevation h . I.�l�l�l�l�l�ljl�uiijlr i jl�l� f ,l.l.l.lhlllm i n aIIU lull.. - - m 7.-.059i 1O ehM ''+ W a c — 42 I5u, A6 u 1Lgri"o Dvc i 1 i!lIfli pi $$ E A i G o d o c iHoiji 1; .aWgv.o I +1 ,,, -111111 1111111111111111111 ...1.1. .LLt. III I I 1 - 107 1111111 ; JLn Ls) 1111111E o 1 M Cr) -11111 1111111 1111111 1111111 1_ 1 o illy! a 1111 10,41 o r is, iso ! jljljll Z c M 111 , , Q 1111 . 1111111 1111111 a;L LV 1 .' ' 1111111 S ": . 111111 UImIiiUiIiIIIi .szs ---I-s'ce SXCW Properties II, LLC Agenda Item D2 Page 12 Proposed Sign Elevation t 0. • g m • v 3 e c 6 g s ' i c a lig �' -' rt _r.T- IIa - I .=- --- -+ • E 3 c o= 1mE �� Ao 'Z E av mE=a EE e a v 9 E- d c1111 , 0.....• ri:4 ',.' a g 8 u g0CC I C 01 v N = C P4 I C401) ! 1 1--.011 1—ill----it — iiIIL O a 0 SXCW Properties II, LLC Agenda Item D2 Page 13 Site Photos • dip• . t.. . • - , 'r • •• 4 ••• ' • 70. liPlk 4 , c.e.• ,r, ;1/4 •*- . - - .• -• •'4 -7110111W- • • SXCW Properties II, LLC Agenda Item D2 Page 14 Disclosure Statement rild !Si at APPLICANT'S NAME sxcw Properties II. 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 I Changes Exception for _(EDIP) _ __ Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance AppropriatenessStreet Closure (Historic Review Board) Franchise Agreement Chesapeake Bay • Preservation Area • Lease of City Property Subdivision Variance IBoard Conditional Use Permit License Agreement1 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 (o/2S�2v17i Jimmy McNamara SXCW Properties II, LIC Agenda Item D2 Page 15 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: SXCW Properties II, LLC If an LLC, list all member's names. Sami I. Nafisi, Manager; Rima Anabtawi, Manager Pro-Tern If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below. (Attach list if necessary) (6) list the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotest and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Annlicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. I�IX 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:Fulton Bank, N.A. If an LLC, list the member's names Page 2 of SXCW Properties II, LLC Agenda Item D2 Page 16 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below. (Attach list if necessary) James Pesavento,Vice President 8 Authorized Agent (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 nr indirectly owns shares possessing more than 50 percent of the voting power of another corporation See State and I ocal Government Conflict of Interests Art,Va. Code§ 2 2-3101 2 'Alf!hated business entity relationship' relationship. other than parent-subsidiary relationship, that exists when til one business entity has a controlling ownership interest in the other business entity. Iii) a controlling owner r in one entity is also a controlling o in the other entity, Or ;iii) there is shared management orcontrol between the business entities^efactors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person onmanage the two entities. there are common commingled funds orsets the business entitiesshare 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§ 22-3101 r_ SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELV Page 3 of 7 SXCW Properties II, LLC Agenda Item D2 Page 17 Disclosure Statement APPLICANT 34Be3c1 [YES I NC) SERVICE PROVIDER/use additional sheets i' 1 �_. needed) J n ❑X Accounting and/or preparer of your tax return X/ n Architect/Landscape Architect/ R4 Architecture Land Planner Contract Purchaser(if other than the Applicant)-Identify purchaser and purchaser's service providers H- Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) X IT Construction Contractors To Be Determined ZZn Engineers/Surveyors/Agents Kimley-Horn _ Financing (include current Self Financing-No Commercial t/�v mortgage holders and lenders Lender selected or being considered to provide financing for acquisition or construction of the property) Legal Services Sykes.Bourdon.Ahern 8 Levy,P.0 Real Estate Brokers / Wrightwood Properties. Inc X n Agents/Realtors for current and anticipated future sales of the • subject properly. • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have nan interest in the subject land or any proposed development LI 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 SXCW Properties II, LLC Agenda Item D2 Page 18 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 meetin or meetin• of any public body or committee In connection with this Apel' t n. � MA AA AfRrvl 313//3O / 7 APPLICANTS SIGNATURE PRINT NAME DATE SXCW Properties II,LLC Page 5 of 7 SXCW Properties II, LLC Agenda Item D2 Page 19 Disclosure Statement OWNER Virginia Beach HS NO SERVICE _ PROVIDER(use additional sheets if needed) - X Accounting and/or preparer of LJ your tax return OArchitect Planner n Landscape Architect/ H Land Pl Contract Purchaser(if other than the Aoolicant)-identify purchaser and purchaser's service providers I Any other pending or proposed Z purchaser of purchaser(s) the subject property purchaser's r'srchasce( ovd service providers) nZ Construction Contractors ❑ X Engineers/Surveyors/Agents - _ Financing(Include current ❑ /L�Zj mortgage holders and lenders selected or being considered to I provide financing for acquisition or construction of the property) XLegal Services Odin Feldman 6 Pitdeman.P C Real Estate Brokers / Venture Realty Group Agents/Realtors for current and 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 In y✓I an interest in the subject land or any proposed development I/<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 SXCW Properties II, LLC Agenda Item D2 Page 20 Disclosure Statement V Vi]groin Bench CERTIFICATION: certifyI accurate.thatell of information contained in this Disclosure Statement Form is complete,true, and I understand that, upon receipt of notification that the application has been scheduled for puolic hearing, I am responsible for updating the information provided herein two weeks piior to the Planning Commission, Council, VEDA' meeting, or meeting of any public body or committee in connection with this Application. - - James Pesavento,Vice Pres �/('A f ;OPERT'Cr MR I I PRINT AME ID TE Fulton Flank NA f,V Pae 7 of 7 SXCW Properties II, LLC Agenda Item D2 Page 21 Item#D2 SXCW Properties II, L.L.C. Conditional Use Permit Car Wash &Automobile Service Station 3264 Holland Road District 3 Rose Hall August 9, 2017 REGULAR Jan Rucinski: Our next applicant is SXCW Properties II, L.L.C.,which is an application for Conditional Use Permit(Car Wash&Automobile Service Station)on property located at 3264 Holland Road,District 3, Rose Hall. Would the applicant come forward please? Eddie Bourdon: Thank you. Mr. Chairman and members of the Commission for the record,Eddie Bourdon,a Virginia Beach attorney representing the applicant and representative Sam's Express is here from Charlotte today. It was on the consent agenda,so I will keep this very brief. We've had very positive,and I think very good dialogue with the Scarborough Square Community representatives and a couple of those folks are here today. Jimmy McNamara has done a fantastic job. I think it has been a cooperative effort and got a lot of conditions that I think very much enhance and restrict the utilization of the property. It is all unconditional B-2 property.To make it a better situation for the community, the conditions that are recommended including the added condition number 12,with the exception of Condition 8,since we are going to hear this, I'm going to go ahead and make the pitch. Condition#8 is the only condition which we object and that is with the staff indication, I believe,the Zoning Administrator has indicated,although I haven't seen anything in writing that they are going to call these synergy elements on the gas pumps signs. We don't believe they are signs.That has not been anything that has been run up the flag pole. Obviously, if that determination is made,we wouldn't have them because we can't have more signs than the Zoning Ordinance allows, but we frankly don't believe that is an accurate assertion. But that is what was made last month,and again,if that determination is made we obviously won't have those synergy elements with the Exxon gas pumps. That is why we object to Condition#8. And as I said this morning,we didn't have any opposition here to speak and I don't want to characterize their comments so I will allow them speak for themselves,we weren't going to fall on our swords on that but we don't believe that they are signs, and again, if the City determines that they are,then obviously we wouldn't have them because we would be in violation of the Sign Ordinance. All the conditions with that exception of#8 are acceptable.We're doing a big beautiful brick wall behind the site,with nothing but landscaping,green space and more landscaping for the homes back here in Scarborough Square. The light across the street,their building, is, I believe,about 30-40 feet off the same street. Our building is all the way up in the front.So,we are screening landscaping,creating an absolute sense of place of arrival when you get past this development into the neighborhood. I have restricted the hours of operation. Nothing but positive dialogue and restricting the uses on the out parcel creating the buffer that Jimmy described this morning in the informal. Cooperatively we were going to put up another fence, but where their fence is inside of their property lines because it has that easement access to their backyards. We don't want to put another fence up and create the alley scenario where there are no eyes on it. So we're proposing a landscape buffer for the out parcel that will grow up and that still has the ability to be seen if they had fencing on their property. Again, I don't want to belabor since it was on the consent agenda. It is a very high quality facility. I'll be happy to answer any questions. Item#D2 SXCW Properties II, L.L.C. Page 2 Bob Thornton: Are there any questions of Mr. Bourdon? Thank you. Eddie Bourdon: Thank you. Jan Rucinski: Our first speaker in opposition is Ms. Lyn Henry. As you come to the podium if you can state your name for the record. Lyn Henry: Sure. Hi,I'm Lyn Henry, I'm a homeowner in Scarborough Square. I don't know how many of you were here in 2010, but I don't know how many days because we have been through this with a place called Raceco. They wanted to do that Raceco in the same exact location,a gas station and a car wash. And, Planning Commission passed it,and we fought it at City Council and they denied the project. Back then we had Captain Lay with the First Precinct behind this and a lawyer to help us. The issues haven't changed. Why do you need a gas station or a car wash literally less than 700 feet to the crosswalk at the corner of Holland and Lynnhaven? You can actually see the crosswalk from the sidewalk in the front of the proposed Sam's. Rio carwash down Lynnhaven is less than '''A mile away. You have an Auto Bell 1.2 miles away down Holland Road near Lowe's and in the other direction,Y mile away at Shipps Corner you have three gas stations. Why do we need another gas station car wash? It looks like a beautiful project. Mr. Bourdon has been wonderful about contacting us and keeping in touch but we don't get it. I just don't understand. The amount of traffic that this place is going to generate already with the legal and construction we are going to see a high-end in traffic. It takes sometimes 2 to 3 light cycles to get out of our neighborhood in the morning during the peak traffic. We notice they are beginning a separate left turn lane taking up two lanes from the other side of Holland Road towards Shipps Corner. We are confused by this because once the outgoing traffic is trying to get to the direction of Lynnhaven not Shipps Corner. That right lane where people are backing up to get out of our neighborhood is going to be blocking the entrance to the Sam's Express. All of this thought process is the entrance of the projected Sam's is going to be across from a Lidl. Sam's Express is supposed to be destination traffic and we expect people will come onto Warwick with the intent of gassing up,getting their car washed and then going across Warwick to the Lid!Shopping Center and groceries or whatever. This is going to make Warwick a nightmare to navigate. Now you have people coming in and out and then trying to cross it. There are also plans for some kind of division at Court of York Quail. The property,deferred which we think they look great. To conclude,we understand that he owns it, and we know that anything can go on this property. We are pleased about the 7:00 a.m.to 9:00 p.m.the store is going to keep and we do think it is a beautiful project. But we have the same concerns that we did when the Raceco was projected back in 2010. Traffic is not going to get better. If anything it is going to get expeditionary worse. Some of us feel this is a lesser other evils of what could go on this property,and yes it could be but it is a neighborhood trying to deal with issues that have been brought to the neighborhood via surrounding businesses and recent shootings and violence that is occurring is lesser of the evils what we really should strive for?Should we hold out for better? Thank you. Bob Thornton: Are there any questions of the speaker? Thank you. Jan Rucinski: Our next speaker is Fred Aldridge. And Mr.Aldridge is speaking on behalf of Scarborough Square. Fred Aldridge: I have been at Scarborough Square for 21 years, and it is getting worse all the time. I can imagine anyone of you wanting to live in a neighborhood where already now where we have the Lidle Item#D2 SXCW Properties II, L.L.C. Page 3 Store,a Hardees and garage that is moving in at the corner. As I understand,the gentleman says there is an estimated 1,500 vehicles coming through there. That is 750 in and 750 out. Now they're talking about 700 vehicles coming into the service car wash, right straight across the street with 700,that is 350 in and 350 out. We already have traffic even coming off Shipps Corner coming along through Old Club House coming out to where this section is. It has been getting worse as the years go by. We have over 500 residences in that neighborhood plus the trailer park. Cardinal Estates and the trailer park, as you go down to Shipps Corner Road.They come out through that area.We're looking at a traffic problem right now. I have sat on the Holland Road Section above Lynnhaven through two lights for them to go one traffic light down so people can turn our section of Scarborough Square. If you come out there somedays,especially towards rush hour,you can look to the left and find as far as you see,traffic backed up. Not only is it backed up down the street,but cars have to make a left turn coming from Lynnhaven Parkway into Scarborough Square. And you know what type of ruffians. Pardon the expression. But they general on that intersection so nobody and go anywhere. We can't turn into there through the traffic. They don't leave a space for people. They want to get through that light,but they have to stop. It is ridiculous. And you're going to make it more by approval this service station car wash. Now as Lyn pointed out it may be the lesser of two evils but who wants an evil in your neighborhood. Okay. I don't know who it can be approved if it was in your neighborhood,anyone of you. I appreciate you taking a chance on us and being able to state our situation. And I hope you will think about it especially if it were your neighborhood. Please. Thank you. Bob Thornton: Are there any questions of Mr.Aldridge? Thank you sir. Fred Aldridge: Thank you. Jan Rucinski: We have no other speakers. Eddie Bourdon: Not exactly the tone I was anticipating. Raceco was an application for a convenience store with gas and a car wash, much lower quality and much higher traffic generation. This is actually a substantial reduction in traffic. It is not destination traffic. I tried to explain that, but I guess I didn't do a very good job. Most of it is actually captured traffic because of the large shopping center with a number of out parcels, a Lid!across the street on the south side. The car wash would generate,we hope as many 200 customers a day,which is actually 400 trips, because they count in and out as a trip. If you look on page 3 of the staff evaluation,and I'm sure if you want to ask Mr. Lowman his input,this is a low traffic generating use. If you had a convenience store,that has a whole lot more traffic. There is no convenience store here.This is, as I said, unconditional B-2 property upon which something that can do us across the street where the Lid!is going to going as a matter of right. Any number of uses that would be much more impactful, and wouldn't have to see over all of this extra space on their property with a beautiful brick wall landscaping on the back side that completely buffers and segregates the commercial use on this large piece of unconditional property. Both the speakers alluded to lesser of the evil and that's a characterization. It is a free country. They can make that characterization. I'm not going to argue with them. I know from experience and I think you all know from experience,and I'm sure that Staff understands from experience that this is a far better use of this piece of property with the hours restricted which won't happen with a by-right use,then what would almost certain to go on this piece of property were it not for the need of a Use Permit,which is what we have, in the case,the need for. I give Exxon high quality gas station as well. Linda Russel is here. She offered to speak. She is in favor of what's proposed.She is very active in this area, and active in this community. Again, a convenience Item#D2 SXCW Properties II, L.L.C. Page 4 store, I understand, it is open late hours. I can understand. But this applicant, high, high quality application and the applicant has, I think have stepped up to the plate. I think Staff would tell you he stepped up to the plate to do a very high quality development that will not be a destination that will create a bunch of traffic. In fact, it solves it. Most of the people that will be going here will already going to the soon,to be open shopping center immediately adjacent to the south. I'll be happy to answer questions any of you have. Bob Thornton: Any questions of Mr. Bourdon? Jeff. Jeff Hodgson: I think you just said based on the hours of operation but I don't see any hours of operations? Eddie Bourdon: Yes. We first restricted the hours. Jeff Hodgson: I may have overlooked it. Bob Thornton: Item 3 on the back. Eddie Bourdon: 7:00 a.m.to 9:00 p.m. Again,those are very restrictive hours of operations. Bob Thornton: Other questions? Thank you Mr. Bourdon> Eddie Bourdon: Thank you all. Jan Rucinski: There are no other speakers. Bob Thornton: If there are no other speakers or no other questions,we will lose the public hearing. Jeff? Jeff Hodgson:You guys said it was where? Carolyn Smith: It is located under the summary. Under the summary of proposal. It is not a condition. Bob Thornton: It is not a condition. Eddie Bourdon: I thought it was a condition.We agreed to it as a condition. Please add that as a condition. Bob Thornton: Now that we go by all of this confusion. Don? Don Horsley:What did we decide to do about condition 8 about the so called signs?Are we going to leave that in there or take it out? Bob Thornton: Mr. Bourdon has asked that it not be removed so that is sort of up to us to decide whether we want to leave it or remove. He said he would remove it if the decision is made that it is a sign but if you all decide it is not a sign, he wants to leave it. Is that right from my understanding?He is Item#D2 SXCW Properties II, L.L.C. Page 5 arguing whether it is a sign or not. Kevin Kemp:Correct.There is another process beyond this will analyze interpretation of whether or not it is a sign. If it is determined that it is a sign, it would have to get a sign permit and meet the requirements of a sign ordinance,which having that many signs would exceed the number of allowed on site. So,that would be care for there. If it is determined not to be a sign then structured ones that meets the setbacks. Bob Thornton: So, if we leave it in there, it won't be permitted? He is asking that we remove it and then go through this other process,and if the process determines it is a sign and it is not allowed. Kevin Kemp: I think we're finding a way because even if it is taken out,and they were able to add those later, if they determined it was not a sign,then that could still be substantial conformance. Bob Thornton: Okay. So we leave condition 8 as it is written? Mike Inman: And adding the hours of operation. Bob Thornton: And adding the hours of operation. Are there any other points?Jack? Jack Wall: I just want to thank Mr. Aldridge and Ms. Henry for coming out and speaking. I do appreciate their concerns,and I think this will add traffic burden to Warwick Drive, but it should be noted that it is already zoned 8-2, and whether it being considered a lesser of two evils, I think that the applicant has worked closely with staff to provide quite a few amenities that probably wouldn't be there if this didn't come through this process. It didn't come through the Planning Commission,which include the screening and the landscaping,the 8 foot wall,and the buffering,as well as,the architecture that prototype architecture for this type of facility could be much different than what it is,so I'm in support of it. Bob Thornton: Mike? Mike Inman: I make a motion we approve the application with the addition of the hours of operation being added 7:00 a.m.to 9:00 p.m. Ronald Ripley: Second. Bob Thornton: Do we have a second? Okay. We have a motion by Mr. Inman to approve and a second by Mr. Ripley. Carolyn Smith: The addendum has condition 12 as well. Is that part of your motion? Bob Thornton: Let's make sure that we know what you're asking? Condition 12, I don't have the summary sheet. Jan Rucinski: The signs. Item#02 SXCW Properties II, L.L.C. Page 6 Bob Thornton: The signs. Okay. Is that okay with you Mr. Bourdon? Eddie Bourdon: Yes,that's the sign that we agreed. Bob Thornton: What we have on the screen we don't have those pieces I front of us. One through 12 12 and adding hours,so;we have a motion. Thank you. AYE11 NAY ABSO ABSENTO HODGSON AYE HORSLEY AYE INMAN AYE KWASY 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 SXCW Properties II, L.L.C. with the 12 conditions with the conditions of hours being added. Bob Thornton: Yes. Jan Rucinski: That would make it 13. Bob Thornton:That would make it 13 conditions. The sign has been put on as number 12 and number 13 would be the hours. Ed Weeden: It has been approved 11-0. Bob Thornton: Okay. Thank you. L. APPOINTMENTS AGRICULTURE ADVISORY COMMITTEE BEACHES and WATERWAYS ADVISORY COMMISSION BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD (CBS) HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HISTORIC PRESERVATION COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE (MEDAC) PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION (RAC) SENIOR SERVICES OF SOUTHEASTERN VIRGINIA STORMWATER APPEALS BOARD TRANSPORTATION DISTRICT OF HAMPTON ROADS 2040 VISION TO ACTION COMMUNITY COALITION (VTACC) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers +********************************** • If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at(757)3854303 sc*ss:::::_*sits*«a::suss II/7/17/jag CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE.10/172019 PAGE: 1 D A AGENDA V ITEM p SUBJECT MOTION VOTE A E 11 E W B N F J S U 1 B PDNOICMSH LW O O Y LN A 0 0 R SO T R • E EENSM 100 T T ' R Y S ES SNND 1. CITY MANAGER'S BRIEFING A. REGIONAL BROADBAND David L.Hansen, INITIATIVE City Manager B. DATA CENTER INCENTIVES/ Warren Harris, BROADBAND MARKETING Director— lie on om IC Development C. UNAUDITED FINANCIAL RESULTS Patti Phillips,Director Finance IVIIVIV/V CERTIFICATION OF CLOSED CERTIFIED 100 9 YVVYYTYVY A NINII SESSION A-E F/G MINUTES: APPROVED IO-U Y Y Y YVYY Y V Y A October 3,2017 H. MAYOR'S PRESENTATIONS I. PROCLAMATIONS: a. TIIE WEEK OF NON-VIOLENCE Dr.Amelia Ross- Hammond—Black Women for Positive Change Rajeeb Islam,Chair— Donovan hai— Donovan Pollock Ndali Rrumq Human Rights Clommission la EXTRA MILE DAY Volunteer CoMwetor PUBLIC HEARING No Speakers Transportation Alternatives Set-Aside Program Application to VDOT - Pedesuian/Bicycle Enhancements CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS )Ai[:10/17/2017 PAGE: 2 D A AGENDA V ITEM SUBJECT MOTION VOTE A E II E W B N E J S U I B P I) N 0 IC M S H L W O 0 Y LN A 0 0 R SO T R E EENSM I 00 T TR V S ES S N N D 1/1 Resolution to SUPPORT a(VDOT) ADOPTED,BY 10-7 V V Y NY NY NY Y A Transportation Alternatives Set-Aside CONSENT Program re pedestrian/bicycle path enhancements 2. Resolution to ADOPT the Community of ADOPTED,BY 160 V V V V Y Y Y V Y Y A One Plan re homelessness in Virginia CONSENT Beach J. Resolution to ENDORSE the Regional ADOPTED 10-0 Y V V Y Y V V V Y Y A Broadband Initiative in partnership with other localities/apply for a`GO Virginia"Grant 4. Ordinance to AUTHORIZE Amendment ADOPTED,BY 10-0 V V V Y Y Y V V Y Y A to lease between the City/Back Bay CONSENT Waterfowl Guild,Inc. at deWitt Cottage 5. Ordinance to AUTHORIZE acquisition ADOPTED.BY 10.0 NY V Y NY Y Y V V A of at 5544 Normandy Avenue re CONSENT Elizabeth River public access 6 Ordinance to AUTHORIZE temporary ADOP IED,BY 10-0 V YVYY Y Y V Y V A encroachments into a portion of City CONSENT property known as lake Joyce re bulkhead/fencing/patio/planters/deck at 4229 Battery Board DISTRICT 4-BAYS IDE 7. Ordinances to ADOPTED,BY 90 Y V NY V NV AY V A ACCEPT/APPROPRIATE/ CONSENT B TRANSFER: S a pI9e9 cash in-lieu-ofparkreservation A payment fromVineyard Subdivision/ APPROPRIATE to Park Playground 1 N Renovations III D 550.000 Grant from the City to Virginia ADOPTED,BY 10-0 NY V NY V Y NV V A Beach Volunteer Rescue Squad,Inc re CONSENT purchase of a new Ambulance CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTION'S DATF:10/17/2017 PAGE: 3 D A AGENDA V ITEM W SUBJECT MOTION VOTE A F H E W B N E 1 S U 1 B PI/ NORMS H LW O 0 Y LN A 0 0 R S 0 T R EEENSM I 00 T TR VS ES SNND v 5125,000 Grant from Virginia Tourism ADOPTED,BY 10.0 y V y V Y YVY V V A Authority to Economic Development re CONSENT Virginia Sports Hall of Fame d $1,598 from the Fire Department Gift ADOPTED,BY 10-0 Y Y Y YY V YY Y Y A Fund re purchase of grills For Fire Station CONSENT 8/19 $55,800 from the Police Federal/State ADOPTED,BY 10-0 V Y V Y V V YY V V A Seized Assets Special Revenue Fund re CONSENT crime scene technology/canine replacement Nil WAVE CHURCH Modification of APPROVED/ 100 Y V V V Y Y Y Y V Y A Conditions re development of a turf CONDITIONED,BY field/picnic shelter at 1000 North Great CONSENT Neck Road DISTRIC 15-LYNNHAVEN 2. EVERGREEN VIRGINIA,LLC at APPROVED/ 9.0 Y Y Y YYY Y A y Y A 3033/3025/3001/2981 Virginia Beach CONDITIONED,BY B Boulevard DISTRICT 6-BEACH CONSENT S Modification of Conditions to expand an T existing sales/service building A CUP to add ear wash N E D 3. METAMORPHOSIS SALON AND APPROVED/ 100 V y y y Y y y y Y Y A SPA/E T ENTERPRISES,LLC for a CONDITIONED,BY CUP m a tattoo parlor/body piercing at CONSENT 624 Independence Blvd,Suite 102 DISTRICT 4-BAYSIDE 4 ALAN ZINKE for a CUP re a home APPROVED/ 100 y Y Y y Y Y V Y Y V A ccupation-firearms sales at 2252 CONDITIONED Creeks Edge Drive DISTRICT 5-LYNNHAVEN 5. HOLLAND SOUTH INVESTMENTS, APPROVED/ 9-0 YY V Y V Y Y A Y Y A LLC for a COZ from B-IA to PROFFERED, B Conditional B-2 at 3420 Holland Road BY CONSENT DISTRICT 3-ROSE HALL A D CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DA9E:10/17/2017 PAGE: 4 D A AGENDA V ITEM# SUBJECT MOTION VOTE A L H E W B N U J S Il B PDNOICMS H TW O 0 Y I. N A 0 0 R S 0 T R E L ENSM I 0 0 T T R Y S E i S SNNID 6. OANH DANC/HOLLAND SOUTH APPROVED/ 9-0 Y V V V V V V A Y V A INVESTMENTS,LLC for a CUP re a CONDITIONED,BY B tattoo parlor/body piercing at 3420 CONSENT Holland Road T DISTRICT 3—ROSE HALL A F F •U 7, ATLANTIC WILDFOWL HERITAGE APPROVED/ 100 Y Y V Y V V V Y Y Y A MUSEUM/THE CITYfor a CUP re an CONDITIONED,BY open air market at 1113 Atlantic Avenue CONSENT/f0 BE DISTRICT 6—BEACH REVIEWED ANNUALLY 8. EYE CANDY LASH BOUTIQUE/ APPROVED/ 10-0 V V Y V Y VI' Y V V A HOLLAND PLAZA SHOPPING CONDITIONED,BY CENTER,LLC for aCUP re a tattoo CONSENT parlor at 4322 Holland Plaza DISTRICT 3—ROSE HALE 9. SITYAN J.IJEREMEY RYAN APPROVED/ 9-0 Y V V V V V Y AY Y A CSTALOS for a CUP re a family day- CONDITIONED,BY B care home at 1921 Pemel Sheet CONSENT DISTRICT 4—BAYSIDE T A N E D 10. SXCW PROPERTIES IL LLC DEFERRED TO 10-0 V Y Y Y Y Y1' Y V Y A (FULTON BANK,N.A.for a CUP re a NOVEMBER 7,2017 car wash/service station at 3264 Holland Road(Deferred September 19.2017) DISTRICT 3—ROSE HAIR. L APPOINTMENTS: RESCHEDULED BYCONS ENS U S AGRICULTURE ADVISORY COMMITTEE BEACHES and WATERWAYS ADVISORY COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE(MEDACJ PROCESS IMPROVEMENT STEERING COMMITTEE STORM WATER APPEALS BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION CITY OF VIRGINIA REACH SUMMARY OF COUNCIL ACTIONS DATE:10/172017 PAGE: 5 D A AGENDA V ITEM 1! SUBJECT MOTION VO IL A E H L W B N E J S U I B P DNORMS H I. W O 0 V I. N A 0 0 R S 0 1 K EE ENSM 1 00 T TR V S ES SNLID ARTS AND HUMANITIES Appointed:Unexpired 10-0 Y Y Y V Y V V V Y V A COMMISSION thni 6/30/19 Marynell Gordon BOARD OF BUILDING CODE 01: Reappointed2 Yr. 10-0 V V V V V V V V V V A APPEALS 1 10/17/17- 9/17/19 Thomas Atherton Ruth Bell Jimmie A.Koch Morton Revell Michael W. Schooley HOUSING ADVISORY BOARD Appointed:4 Yr. 100 V V Y Y Y V Y V V V A Tenn 10/17/17- 9/30/21 Kevin P.Kemp PARKS and RECREATION ReappoinIW3Yr. 19-9Y V V V V V V VYY A COMMISSION Term 9/1/17A/31/20 Sharon Felton-Al Large Michael Fentress- Bayside MIN/0 ADJOURNMENT 6:46 PM