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DECEMBER 5, 2017 AGENDA
CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL \1,SNTAyu,to L1ICR WILLIAMD SESSOMS,/R Al-Large44 VI(•I MAYOR LOUIS R JOSB D. O n! E d JESSICA P 488077 Kempswile-DOME f2 RJy AlBE , Large �L $ AI BTM.DDAER,Venter Centerville AL 1/ BARBARA M HENLEY Princess ADdna1 SHA NNON DS KANE,Rose Hall Deana 3 JOHN D MOSS,Al Large $"SAS*.o�` JOHN L.(IHRIN.Beach-Dame;6 ROSEMARY WILSON,Al-Large CITY HALL BUILDING JAMES L.WOOD,l ynnhaven-Darin 5 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CIIYMANAGER-DAVID L.HANSEN PHONE:(l5l)3854303 CITY ATTORNEY J MARK U STILES CITY COUNCIL AGENDA FAX(757)385-5669 CRY ASSESSOR ✓ERALD D-BAAAOAN 6 CRY CI.FR CR .LY NOON S RBWAs December 5, 2017 E-MAIL.: ycna^v Sw.rorn (IEIUARK RUTH HOD4BSPRASER,MMC MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL BRIEFINGS - Conference Room- 3:00 PM A. AFRICAN AMERICAN CULTURAL CENTER Dr. Amelia N. Ross-Hammond, Founder and Executive Director, Marketing Management B. MINORITY BUSINESS COUNCIL ANNUAL REPORT Shelia Johnson, Chair II. CITY MANAGER'S BRIEFINGS A. SANDBRIDGE BEACH REPLENISHMENT PROJECT Philip Roehrs, Water Resources Engineer—Public Works B. OWLS CREEK REDEVELOPMENT Ronald H. Williams, Jr., Deputy City Manager III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room - 4:45 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend, William L. McClung,Jr., Pastor Salem United Methodist 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 November 21, 2017 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H.PUBLIC HEARING 1. LEASE OF CITY-OWNED PROPERTY Meyera E. Oberndorf Central Library re a coffee shop I. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. §§ 9-3 and 9-4 and ADD 9-10 re merchants and markets in Creative Districts b. §§21-354 and 23-58 re Business Permits for the Residential Parking Permit program and ADD Automated Fee Collection for Commercial Lots 2. Resolution to MOVE the January 2, 2018, Sessions of City Council to January 9,2018; and, Open Dialogue will be scheduled for January 9,2018. 3. Ordinance to EXECUTE a renewable Lease with Jolly Roasters, LLC re a coffee shop within the Meyera E. Oberndorf Central Library 4. Ordinances to ACCEPT and APPROPRIATE: a. $2,346,020 in Surplus Urban Formula State and Federal funding to the Indian River/Kempsville Road Intersection project and TRANSFER local funding to the Sandbridge Road-Nimmo Parkway Phase VITA project b. $500,000 in State and Federal Regional Surface Transportation funds to Elbow Road Extension, Phase II-C J. PLANNING 1. ELITE THERAPIES, INC. and ROSE HALL SHOPPES ASSOCIATES for a Conditional Use Permit re a tattoo parlor at 3101 Virginia Beach Boulevard DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 2. NEW CINGULAR WIRELESS PCS, LLC C/O JACOBS TELECOMMUNICATIONS INC. and AIMOCO MAPLE BAY, LLC for a Conditional Use Permit re a small cell wireless facility at 1800 English Court DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. MCNEEL PROPERTIES, LLC and REED ENTERPRISES, INC. at 3249 Dam Neck Road a. Modification of Conditions to REVISE previous conditions re an auto repair shop (Approved May 16, 2017) b. Conditional Use Permit re a bulk storage yard DISTRICT 7— PRINCESS ANNE RECOMMENDATION: APPROVAL 4. REED ENTERPRISES, INC. for Modification of Conditions to REMOVE the Auto Repair Use (the Bulk Storage will remain) at Holland and Dam Neck Roads (Approved December 8, 2015) DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 5. SPENCE CROSSING PROPERTIES, LC at Princess Anne Road and South Independence Boulevard for: a. Conditional Change of Zoning from Conditional B-4 Mixed Use to Conditional PD-H2 (A- 12) Apartment b. Modification of Proffers re removal of a Deed restriction (Approved May 27, 2014) DISTRICT I —CENTERVILLE RECOMMENDATION: APPROVAL 6. BAKER VILLAS, LLC and OCEAN RENTAL PROPERTIES, LLC, ET AL for a Conditional Change of Zoning from R-7.5 Residential to Conditional A-18 Apartment at 504 Baker Road and 5501, 5505 and 5513 Connie Lane DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 7. GOODWILL OF CENTRAL AND COASTAL VIRGINIA, INC. and SOUTHERN BANK AND TRUST COMPANY for a Conditional Change of Zoning from 0-2 Office to Conditional B-2 Community Business at 1124 First Colonial Road DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 8. CITY OF VIRGINIA BEACH Conditional Change of Zoning from I-1 Light Industrial and R- 2.5 Residential to Conditional I-I Light Industrial at 373 and 411 South Birdneck Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 9. Ordinance to AMEND and REORGANIZE Appendix 1, Oceanfront Resort District Form- Based Code, of the City Zoning Ordinance (CZO) RECOMMENDATION: APPROVAL 10. Ordinance to ADOPT and INCORPORATE into the 2016 Comprehensive Plan the "ViBe Creative District Connectivity Plan," and the "Oceanfront Resort District Connector Park Design Guidelines," and AMEND the "Oceanfront Resort District Design Guidelines," dated November 2017. RECOMMENDATION: APPROVAL 11. Ordinance to AMEND Sections 111 and 203 of the City Zoning Ordinance (CZO) re definition of Municipal Oceanfront Entertainment Venue and DELETE the requirement of Ten Year Shared Parking agreements. RECOMMENDATION: APPROVAL K.APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE (MEDAC) PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA STORMWATER APPEALS BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION L. UNFINISHED BUSINESS M.NEW BUSINESS N. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers *********************************** ...................... If you arc physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at(757)385-4303 ************************ CITY COUNCIL SESSIONS for January 2, 2018 Postponed to January 9, 2018 I 2/5/17/st I. CITY COUNCIL BRIEFINGS - Conference Room- 3:00 PM A. AFRICAN AMERICAN CULTURAL CENTER Dr. Amelia N. Ross-Hammond, Founder and Executive Director, Marketing Management B. MINORITY BUSINESS COUNCIL ANNUAL REPORT Shelia Johnson, Chair II. CITY MANAGER'S BRIEFINGS A. SANDBRIDGE BEACH REPLENISHMENT PROJECT Phillip Roehrs, Water Resources Engineer—Public Works B. OWLS CREEK REDEVELOPMENT Ronald H. Williams,Jr., Deputy City Manager VI. INFORMAL SESSION - Conference Room- 4:45 PM A. CALL TO ORDER—Mayor William D. Sessoms,Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend, William L. McClung,Jr., Pastor Salem United Methodist 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 November 21, 2017 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H.PUBLIC HEARING 1. LEASE OF CITY-OWNED PROPERTY Meyera E. Oberndorf Central Library re a coffee shop PG...T, CIS wl. PUBLIC HEARING LEASE OF CRY PROPERTY The Virginia Beach city Council will hold a PUBLIC HEARING on Tuesday December 5. 2017, at 6:CO p.m. in the Council Chamber, City Hall - Bldg. x1, at the Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public comment on the proposed leasing of the following City-owned property: Approximately 593 sQffof space located within the Meyers E Oberndorf Central Library.4100 Virginia Beach Blvd,to be used as a coffee shop. If you are physically disabled or visually Impaired and need assistance at this meeting please call the CITY CLERICS OFFICE at 757 LLAO3: Hearing Impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Department of Public Works - Facilities Management Office.Municipal Center,Bldg 18,Boom 228,telephone number M57)685-5659. All interested parties are invited attend. Ruth H aser.MMC City Clerk BEACON: November 26.2017 I. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. §§ 9-3 and 9-4 and ADD 9-10 re merchants and markets in Creative Districts b. §§ 21-354 and 23-58 re Business Permits for the Residential Parking Permit program and ADD Automated Fee Collection for Commercial Lots 2. Resolution to MOVE the January 2, 2018, Sessions of City Council to January 9, 2018; and, Open Dialogue will be scheduled for January 9, 2018. 3. Ordinance to EXECUTE a renewable Lease with Jolly Roasters, LLC re a coffee shop within the Meyera E. Oberndorf Central Library 4. Ordinances to ACCEPT and APPROPRIATE: a. $2,346,020 in Surplus Urban Formula State and Federal funding to the Indian River/Kempsville Road Intersection project and TRANSFER local funding to the Sandbridge Road-Nimmo Parkway Phase VII-A project b. $500,000 in State and Federal Regional Surface Transportation funds to Elbow Road Extension, Phase II-C [ rira144;e1, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 9-3 and 9-4 and to Add Section 9-10 of the City Code Pertaining to Creative Markets and Creative Merchants in the Creative Districts. MEETING DATE: December 5, 2017 • Background: The ViBe Creative District was established by City Council in April 2015 as an area of the City to attract and encourage creative activities and to broaden economic development through creative endeavors. The District and its merchants would like to hold creative markets to establish the growth and exhibition of such creative endeavors. This amendment would allow creative merchants in the ViBe to have up to twelve (12) markets per year with only an annual business fee of $200 for all of the merchants at the market in the ViBe. A creative merchant may sell his wares at a creative market without acquiring a peddler or itinerant merchant permit. • Considerations: The creative market is only applicable in creative districts (ViBe), because of its unique characteristics. Creative markets are required to be less than 3,000 square feet, not disturb the neighbors, are not required to get a special event permit and can have no live music after 10:00 PM. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the Ordinance. • Attachments: Ordinance. Recommended Action: Approval �� Submitting Dep. • ••ent/ • • - ,y: Planning and Community Development U' City Manager: 1 AN ORDINANCE TO AMEND SECTIONS 9-3 2 AND 9-4 AND TO ADD SECTION 9-10 OF THE 3 CITY CODE PERTAINING TO CREATIVE 4 MARKETS AND CREATIVE MERCHANTS IN 5 THE CREATIVE DISTRICTS 6 7 Sections Amended: City Code §§ 9-3; 9-4 8 9 Section Added: City Code § 9-10 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Sections 9-3 and 9-4 of the City Code are hereby amended and reordained 15 as follows and Section 9-10 is hereby added to the City Code to read as follows: 16 17 Sec. 9-3. - Definitions. 18 19 (a) Administrator means the City Manager or such other person as he may designate to 20 perform the duties of the Administrator under this chapter. The City Manager may 21 designate such other persons to assist in the administration of this Article as he may 22 deem appropriate. 23 24 (b) Creative market means an event or series of events held on private property in a 25 Creative District and meeting the requirements set forth in section 9-10. 26 27 (c) Creative merchant means a peddler or merchant that sells his or her wares or goods 28 at one or more of the creative markets in a Creative District. 29 30 (d) Locally sourced shall be limited to produce that is grown, or meat, seafood or other 31 animal products derived from poultry or livestock, raised within the Commonwealth of 32 Virginia or within one hundred (100) miles of the location at which they are sold. 33 34 (s)(e) Qualifying organization means: 35 36 (1) An individual, business or other entity that contributes to the spectrum of arts and 37 cultural activities and venues available to the public by regularly presenting live 38 performances of theatre, dance, music, or other imaginative work or producing or 39 exhibiting physical works created by, or under the direction of one or more artists, 40 that are intended for unique production or limited reproduction; 41 42 (2) A museum or historic site, the primary mission of which is education or historic 43 preservation; 44 45 (3) A theater, including an art-house movie theater for art, independent and world 46 films, art gallery, dance studio, music venue, performance space, art school or 47 academy, including a culinary arts school or academy; or 48 49 (4) An individual, business or other entity that is principally engaged in one of more 50 of the following fields or activities: 51 52 A. Architecture; 53 B. Marketing and advertising; 54 C. Culinary arts, including, but not limited to, artisans engaged in bread making, 55 cheese making, charcuterie, confectionary, coffee roasting or similar 56 practices, culinary institutes, and restaurants that (i) locally source no less 57 than ten per cent (10%) of the food served at the establishment; (ii) are not 58 one of a chain of restaurants having more than ten (10) establishments; and 59 (iii) prepare food by hand or using traditional, non-industrialized methods. For 60 purposes of this section, "locally" shall mean within the Commonwealth of 61 Virginia or no farther than fifty (50) miles from the location of the subject 62 establishment; 63 D. Design. including industrial, interior, graphic, web and fashion design; 64 E. Film and media, including radio, video animation and photography; 65 F. Publishing; 66 G. Software development; 67 H. Research and development of technology related to: (i)energy efficiency and 68 renewable energy; (ii) water use efficiency; (iii) the reduction of waste, 69 pollution and environment degradation; (iv) sustainable development; or (v) 70 green building; 71 I. Historic preservation; 72 J. Craft breweries, craft distilleries or wine-tasting rooms; 73 K. Farmers' markets at which locally-sourced produce, meat and eggs, seafood, 74 artisan breads and cheeses, hand-harvested honey, and other fresh, small- 75 batch foodstuffs are the predominant items that are offered for sale; or 76 L. Antique markets at which the display of antiques covers at least fifty per cent 77 (50%) of the display floor area. For purposes of this section, antiques shall 78 include only works of art, furniture, decorative objects or similar items having 79 special value by virtue of their age and uniqueness. 80 81 A qualifying organization shall be physically located within a Creative District 82 designated by the City Council. 83 84 Sec. 9-4. - Administration; eligibility. 85 86 (a) Upon application, the Administrator shall determine, in writing, whether the applicant 87 shall be classified as a qualifying organization as defined in Section 9-3.The applicant 88 shall have the burden of demonstrating to the satisfaction of the Administrator that it 89 meets the requirements to be so classified. The determination of the Administrator 90 that an applicant shall not be classified as a qualifying organization shall be 91 appealable to the City Manager. No applicant shall be classified as a qualifying 92 organization if the Commissioner of the Revenue determines that such applicant is 93 delinquent in the payment of any taxes or fees payable to the City. 94 2 95 (b) A qualifying organization shall establish its eligibility to receive the incentives provided 96 for in this chapter on an annual basis; provided, however, that in the event the 97 Administrator has reason to believe that a qualified organization no longer meets the 98 applicable requirements, such organization shall, upon request of the Administrator, 99 provide such information as will enable the Administrator to determine whether the 100 organization continues to meet the applicable requirements. 101 102 (c) A qualifying organization shall file an annual business license application with the 103 Commissioner of the Revenue, pay any applicable business license taxes, and shall 104 provide the Commissioner with certification from the Administrator that the 105 organization meets the requirements for classification as a qualifying organization. 106 The amount of gross receipts to be earned shall be set out in the license application 107 and shall be subject to verification by the Commissioner by audit or inspection of 108 documents. The qualifying organization shall also provide the Commissioner, upon 109 request, with proof that no taxes or fees payable to the City are delinquent at the time 110 of application. In the event any such taxes or fees are delinquent, the Commissioner 111 shall so notify the Administrator, who shall decline to certify the applicant as a 112 qualifying organization. 113 114 (d) A sponsor of a creative market shall file an application to the Administrator providing 115 such information as will enable the Administrator to determine that the creative market 116 meets the requirements of section 9-10. For the activity that is the creative market 117 the sponsor shall pay an annual business license tax of$200 to the commissioner of 118 the revenue, and such license shall permit the sponsor to host up to twelve creative 119 markets in a calendar year. It shall be the obligation of the sponsor to provide a list 120 of the creative merchants for each creative market at least ten (10)days prior to each 121 event to the commissioner of the revenue. Alternatively, the sponsor may affirm a 122 previously provided list of creative merchants if that list has not changed. The 123 commissioner of the revenue may use such list to confirm the status of a creative 124 merchant for purposes of meals taxes, admissions taxes, or other health or regulatory 125 concern. 126 127 (e) A creative merchant may sell his or her wares at the various creative markets of a 128 Creative District without the need to acquire a peddler or itinerant merchant business 129 license. However, any peddling or other business activities outside of a Creative 130 District shall be subiect to the requirements of Chapter 18 of the City Code. 131 132 (d)(f) Failure of a qualifying organization to pay in full by the due date any taxes or fees 133 payable to the City shall result in the denial or revocation of such organization's 134 qualifying status for the remainder of the current calendar year or until such taxes or 135 fees are paid in full. 136 137 (e)(q) The Administrator shall, after consultation with the Commissioner of Revenue, 138 Real Estate Assessor or other appropriate officer, prescribe additional procedures for 139 the implementation and administration of this chapter not provided for herein, to the 140 extent such procedures are not inconsistent with this chapter or applicable law. 141 3 142 143 144 Sec. 9-10. Creative market. 145 trict to 146 Creative market is an event held on support the goals of the District andthosequalifying property organizations 147 listed in 148 Section 9-3 of the City Code. 149 150 02) Creative markets shall abide by the following criteria: 151 152 (1) Markets may be located indoor or outdoor on private property and 153 shall not negatively impact the surrounding property owners. 154 155 (1) The market shall not occupy more than three thousand (3,0001 156 square feet- 157 158 ($) Ma to is may(4) hours held dep torwtwelve (12) times per year, and may last 159 160 161 (4) Creative markets shall not be required to obtain a Special Event 162 permit under Chapter 4 of the City Code; and 163 164 (5) There shall be no live music performed after 10:00 p.m. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: ) 11tAntA crICAAA6tb LA Barry Fran enfield Philip . Kellam Op Director of j'lanning and Commissioner of V—evenue Community Development APPROVED AS TO LEGAL SUFFICIENCY: 4DDaNa B. Kay Wii*n Deputy C Attorney CA13965 R-11 September 22, 2017 4 u1:,. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 21-354 and 23-58 of the City Code Pertaining to Business Permits for the Residential Parking Permit Program and the Addition of Automated Fee Collection for Commercial Parking Lots MEETING DATE: December 5, 2017 • Background: During the public hearings for the revisions to the Oceanfront Resort District Form-based Code, there were comments about excluding businesses from the Residential Parking Permit Program that had reduced their required parking requirement. Also discussed was the allowance of automated fee collection for commercial parking lots. • Considerations: The revision to the Residential Parking Permit Program would only exclude those businesses that had their required parking reduced. The conversion to automated fee collection would be allowed if a contact person could be at the lot within thirty minutes for control of the lot. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the Ordinance • Attachments: Ordinance Recommended Action: Approval /. �( Submitting Departure ency: Planning and Community Develo 7 ������tc ll. City Manager: "�_(v\ 1 AN ORDINANCE TO AMEND SECTIONS 21- 2 354 AND 23-58 OF THE CITY CODE 3 PERTAINING TO BUSINESS PERMITS FOR 4 THE RESIDENTIAL PARKING PERMIT 5 PROGRAM, AND THE ADDITION OF 6 AUTOMATED FEE COLLECTION FOR 7 COMMERCIAL PARKING LOTS 8 9 SECTIONS AMENDED: City Code §§ 21-354 10 and 23-58 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 13 VIRGINIA: 14 15 That Sections 21-354 and 23-58 of the Code of the City of Virginia Beach, Virginia, 16 is hereby amended and reordained to read as follows: 17 18 ARTICLE III. - STOPPING, STANDING AND PARKING 19 20 21 22 DIVISION 3. - RESIDENTIAL PARKING PERMITS 23 24 25 26 Sec. 21-354. - Permits generally. 27 28 29 30 (c) Monthly business parking permits shall be issued by the city treasurers office or the 31 city's parking systems management office to businesses licensed to operate in city 32 meter-regulated parking areas. A current valid business license must be presented 33 by the business owner or his designee to the city treasurer's office or to the city's 34 parking systems management office at the time a request is made for annual 35 business parking permits. The number of permits issued to a single business shall 36 be limited to the maximum number of employees required to work after 8:00 p.m. or, 37 in the case of a lodging facility, the number of rooms within such lodging facility that 38 do not have on-site parking, whichever is greater. Employees of businesses eligible 39 for parking permit passes under this Division may purchase employee parking permit 40 passes directly from the city treasurer's office or city's parking management office 41 after verification of employment with an eligible business. Any business that has 42 been authorized to reduce the required parking of such business shall not be eligible 43 for such monthly business parking permits. 44 45 . . . . 46 47 Sec. 23-58. - Commercial parking lots. 48 49 50 51 (f) Commercial parking lots shall at all times, whether or not they are in operation: 52 53 54 55 (6) Have upon the premises, from dusk until one-half ('Y2) hour after closing or until 56 the last vehicle has exited the lot, whichever is earlier, at least one (1) attendant. 57 If any type of shelter is provided for attendants, such shelter shall at all times be 58 maintained in good condition and repair;. Alternately, or in addition to, automated 59 fee collection machines may be utilized provided that a current contact number 60 is provided and such contact can be present at the commercial parking lot with 61 thirty (30) minutes 62 63 64 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ElivjskiLtatid. tanning 'epartment City A orney's Office CA14172 R-2 October 13, 2017 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Moving the January 2, 2018 Regular Meeting of the City Council to January 9, 2018 MEETING DATE: December 5, 2017 • Background: The City Code provides the regular formal meetings of the City Council shall be held in the Council Chambers of the City Hall Building on the first and third Tuesdays of each month at 6:00 p.m. State law provides that a regular meeting may be scheduled for a day other than the usual day upon adoption of a resolution. • Considerations: The holidays that precede January 2, 2018 make staff preparation for a briefing and formal session of the City Council on the day after New Year's Day difficult. Postponing the meeting one week to January 9, 2018 would avoid those challenges and result in a more productive meeting. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution Requested by City Council REQUESTED BY CITY COUNCIL 1 A RESOLUTION MOVING THE JANUARY 2, 2018 2 REGULAR MEETING OF THE CITY COUNCIL TO 3 JANUARY 9, 2018 4 5 WHEREAS, the City Code provides the regular formal meetings of City Council 6 shall be held in the Council Chambers of the City Hall Building on the first and third 7 Tuesdays of each month at 6:00 p.m.; and 8 9 WHEREAS, state law provides that a regular meeting of the City Council may be 10 scheduled for a day other than the usual day upon adoption of a resolution; and 11 12 WHEREAS, the holidays that precede January 2, 2018, make staff preparation 13 for a briefing and formal session of City Council on the day after New Year's Day 14 difficult, and postponing the meeting one week to January 9, 2018 would avoid those 15 challenges and result in a more productive meeting. 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, THAT: 19 20 1. The regular City Council meeting scheduled for January 2, 2018, is hereby 21 rescheduled for January 9, 2018. 22 2. The time and location for the City Council Formal Session shall remain at 6 p.m. 23 in the City Council Chambers. 24 3. The agenda setting the time and schedule of the Informal Session for the 25 January 9, 2018, meeting shall be provided in the same manner as this 26 information is normally provided. 27 4. The City Clerk shall post a copy of this resolution on the door of the City Council 28 Chambers from the date of adoption until 6 p.m. on January 9, 2018, and provide 29 a notice at least seven days prior to January 9, 2018, in a newspaper of general 30 circulation in the City. 31 32 Adopted by the City Council of the City of Virginia Beach, Virginia, this 33 day of , 2017. APPROVED AS TO LEGAL SUFFICIENCY: Deputy City ARoe ick R. Ingram City Attorney's Office CA14246 R-1 November 20, 2017 [ i e CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for One (1) Year with Four (4) One-Year Renewal Options for the Coffee Shop located within the City-Owned Property known as the Meyera E. Oberndorf Central Library MEETING DATE: December 5, 2017 • Background: In 2006, the Meyera E. Oberndorf Central Library was renovated to include an area of approximately 593 square feet in the lobby to be used as a coffee shop (the "Premises"). The Premises has been leased to various vendors from 2007 to the present. In August 2017, the City's Facilities Management Office issued a Request for Proposals soliciting a vendor to lease the Premises and continue operation of the coffee shop. Jolly Roasters, LLC, a Virginia limited liability company ("Jolly Roasters") was the only response received. Staff has found that the response from Jolly Roasters is acceptable and recommends that the City enter into a lease with this vendor. • Considerations: Jolly Roasters has agreed to pay the City $550 per month, which shall escalate by 3% each year. The parties have agreed to abate rent for the first 4 months to give Jolly Roasters the opportunity to make improvements and prepare for opening. The City has the right to terminate the lease upon one hundred eighty (180)days' written notice. See the Summary of Terms attached to the Ordinance for more specific terms. • Public Information: Advertisement of Public Hearing. Advertisement of City Council Agenda. • Recommendations: Approval • Attachments: Ordinance Summary of Terms Disclosure Statement Form Location Map Recommended Action: Approval Submitting De, . me• • , •ency: Public Works / Facilities Management 0 hD \ 1 City Manager: y: 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR ONE (1) 3 YEAR WITH FOUR (4) ONE-YEAR RENEWAL 4 OPTIONS FOR THE COFFEE SHOP LOCATED 5 WITHIN THE CITY-OWNED PROPERTY KNOWN 6 AS THE MEYERA E. OBERNDORF CENTRAL 7 LIBRARY 8 9 WHEREAS, The City of Virginia Beach (the "City") owns property located at 10 4100 Virginia Beach Boulevard known as the Meyera E. Oberndorf Central Library, 11 which contains a coffee shop of approximately 593 square feet of floor area ("Coffee 12 Shop"). 13 14 WHEREAS, Jolly Roasters LLC, a Virginia limited liability company ("Jolly 15 Roasters") is a coffee and bakery establishment that desires to enter into a lease 16 agreement with the City for a term of one (1) year, with four (4) one-year renewal 17 options, to occupy and operate the Coffee Shop. 18 19 WHEREAS, Jolly Roasters has agreed to pay the City $550 per month, which 20 shall escalate by 3% annually. 21 22 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager is hereby authorized to execute a lease for the term of 26 one (1) year, with four (4) one-year renewal options, between Jolly Roasters and the 27 City for the Coffee Shop in accordance with the Summary of Terms attached hereto 28 as Exhibit A, and made a part hereof, and such other terms, conditions or 29 modifications deemed necessary and sufficient by the City Manager and in a form 30 deemed satisfactory by the City Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia on the 33 day of , 2017. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM City Attorney Public Works/ Facilities Management CA14013 R-1 November 27, 2017 EXHIBIT A SUMMARY OF TERMS LEASE OF CITY-OWNED PROPERTY LOCATED AT CENTRAL LIBRARY LESSOR: City of Virginia Beach LESSEE: Jolly Roasters LLC, a Virginia limited liability company PREMISES: Approximately 593 square feet located within the Meyera E. Oberndorf Central Library, 4100 Virginia Beach Blvd. TERM: December 1, 2017 through November 30, 2018, with Four(4)One-Year Renewal Options RENT: $550 per month for the first year with 3% escalation compounded annually. Rent will be abated for the first 4 months of the term to give the tenant the opportunity to make improvements and prepare for opening. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Lessee shall operate Premises as a coffee shop for the Central Library, including the retail sale of beverages, prepared food and related items, and for no other purpose. • Lessee shall provide catering services for Central Library-sponsored events/functions at the Central Library as requested by the Library Manager or designee. • The Premises shall be open for business between 9:00 a.m. and 8:00 p.m. Monday through Thursday, and between 9:00 a.m. and 4:30 p.m. on Friday and Saturday, except when the Central Library is closed. • Lessee shall keep, repair, and maintain the Premises in a safe, clean and sanitary manner in accordance with all federal, state and local laws, codes and regulations. • Lessee shall not sublet the Premises without the written consent of Lessor. • Lessee shall make no alterations, additions or improvements without the prior written consent of Lessor. • Lessee shall maintain (i)Workers' Compensation Insurance as required under Title 65.2 of the Code of Virginia, and (ii)comprehensive general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. • Lessee shall comply with all federal, state and local statues, ordinances and regulations. RIGHTS AND RESPONSIBILITIES OF LESSOR: • Lessor shall have the right to enter the Premises at any reasonable time, upon reasonable notice for inspection purposes or making repairs or improvements as may be deemed necessary or desirable by the Lessor. • Lessor shall have the right to enter the Premises at any time, without notice, in the event of emergency. • Lessor shall provide electricity, HVAC, water, building maintenance and repairs for major items, and replacement of light bulbs. • Lessor shall provide the existing chairs, tables, counters, lighting and other decorative items "as is". TERMINATION: • Lessor may terminate the Lease for any reason upon one hundred eighty (180) days' written notice to the Lessee. 'CB Virginia Beach APPLICANT'S NAME Jolly Roasters Coffee Co. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • ' SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY /All di t os Cs must be upeated two (2) Auks prix to any Page 1 of 7 Plane o Co rmisslon and Council meeting that porta s to theappllcation(s) APPLICANT NOTIIIED OF HEARING Held 0 NO CHANGES AS OF nATe 11 REVISIONS SUBMITTED LAIL "\B 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: Brenda Jolly If an LLC, list all member's names: Brenda Jolly 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) Jolly Roasters LLC See next page for information pertaining to footnotes1 and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. D Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101 • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES [NO r SERVICE PROVIDER (use additional sheets if needed) X Accounting and/or preparer of your tax return ri A- rchitect / Landscape Architect/ Land Planner Contract Purchaser(if other than rit- he Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ ❑X purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ISI ri C- onstruction Contractors Accepting bids will be a class b or high O I^I Engineers / Surveyors/ Agents as stated in proposal Financing (include current ❑ mortgage holders and lenders 1-1 selected or being considered to provide financing for acquisition or construction of the property) • nLegal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ❑X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 .11/4B Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Brenda Jolly 11/22/17 rr APPLICANTS SIGNATURE PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach YES] NO-1 SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return Architect / Landscape Architect / Land Planner Contract Purchaser(if other than • nthe 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) • InConstruction Contractors • riEngineers / Surveyors/Agents Financing (include current n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) u ri Legal Services Real Estate Brokers / ri n Agents/Realtors for current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ 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 V Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 LOCATION MAP "I PROPOSED LEASE , .. AREA Approx.593 sq.ft i e . \........., #1) e L • ., ... Jr.., e 1447 SO i •:\, i .......: ... I [ ,- , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Surplus Urban Formula Funding to CIP# 2-418, "Indian River Road/Kempsville Road Intersection Improvements," and to Transfer Funds to CIP #2-078, "Sandbridge Road- Nimmo Parkway Phase VII-A" MEETING DATE: December 5, 2017 • Background: The 2016 Appropriation Act adopted by the Virginia General Assembly included an item pertaining to the balance of transportation funds provided by the previous Primary, Secondary and Urban Formula Funds. The 2016 Appropriation Act provided an opportunity for the Virginia Department of Transportation (VDOT) to reconcile the previous Primary, Secondary and Urban Formula Funds and use these funds from completed, cancelled, or stalled projects to advance priority transportation projects within the respective localities. During the Urban Formula Funds reconciliation process, VDOT identified a total of $2,346,020 in excess Urban Formula Funds ($630,831 state funds and $1,715,189 federal funds) on several completed City projects. The 2016 Appropriation Act allows excess Urban Formula Funds from completed projects to be transferred to other eligible fully funded and active projects in the VDOT Six Year Improvement Plan (SYIP). The Indian River Road/Kempsville Road Intersection Improvement Project, CIP #2-418, is an active and fully funded project eligible to accept the excess Urban Formula Funds. Urban Formula Funds require a 2% local match. There is sufficient local funding in the Indian River Road/Kempsville Road Intersection Improvement Project, CIP #2-418, to satisfy the local match requirement. Since the Indian River Road/Kempsville Road Intersection Improvement Project is fully funded, the addition of $2,346,020 in Urban Formula Funds will result in the project being overfunded, and therefore, local funds can be transferred to another project. It is requested that $2,346,020 in local funds be transferred to Sandbridge Road — Nimmo Parkway Phase VII-A Project, CIP #2-078. This project has been identified as a priority project within the City and has a balance to complete of $10,976,213 in the current FY 2017-18 CIP. • Considerations: The excess Urban Formula Funds from the City's previous completed projects need to be programmed to an eligible active project by January 1, 2018 or the funds will be de-allocated and transferred to another VDOT Program. Indian River Road/Kempsville Road Intersection Improvement Project, CIP #2-418, is an active and fully funded project eligible to receive the Urban Formula Funds with sufficient local funding to satisfy the required 2% local match. The Sandbridge Road — Nimmo Parkway Phase VII-A Project, CIP #2-078, is a priority project in need of funding. • Public Information: Public information will be provided through the normal City Council agenda process. In addition, a public meeting will be held for the Sandbridge Road — Nimmo Parkway Phase VII-A Project, CIP #2-078, during the project development process. • Attachments: Ordinance, Maps (2) Recommended Action: Approval of Ordinance it Submitting D• : : Agency: Public Works imp City Manager. imp 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 SURPLUS URBAN FORMULA FUNDING TO CIP #2-418, 3 "INDIAN RIVER ROAD/KEMPSVILLE ROAD 4 INTERSECTION IMPROVEMENTS," AND TO TRANSFER 5 FUNDS FROM CIP #2-148 TO CIP #2-078, "SANDBRIDGE 6 ROAD-NIMMO PARKWAY PHASE VII-A" 7 8 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 1) That $2,346,020 in surplus urban formula funding is hereby accepted from the 12 Virginia Department of Transportation and appropriated, with $638,831 in state 13 and $1,715,189 in federal revenue increased accordingly, to CIP#2-418 Indian 14 River Road/Kempsville Road Intersection Improvements in the FY 2017-18 15 Capital Improvement Program; and 16 17 2) That $2,346,020 in local funding is hereby transferred from CIP #2-418 Indian 18 River Road/Kempsville Road Intersection Improvements to CIP #2-078 19 Sandbridge Road-Nimmo Parkway Phase VII-A. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley --Dana Har eyer Budget and Management Service. City Attorney's Office CA14245 R-1 November 20, 2017 1 ' f ! Hs r n a v J x w �- I 4. ci 0 a; , Q i. Otire I iiiiiii5 iiiiigt$4 009-1. •,'t D O<, ci , 64%9 T3 0 � 1 Lerjre 1E2! tit!f:1-444o ® � O # Etel cn o 1 a i ® N'• � 0 aaza � E Diri 'iiiilb �r � © moo 4, o < W � � ; ED � � �O � Jf 4 J ZY N Y ;Q � u o � a D o Z >o5. 0 `41t9„t..* O o I I 1 6 7 cull V or$p 44,e, ,ig-.(ir ..," „ii iii itit..3- i17,0,21;1„$,P,(44/*);:i ► 1,A**.4,,,#N,,46- oRA am n 0ViD, Ot ,? <,, sti4 s . II Lbw ff 4p 46 � ©61 6 Crl • 41 . *.P /// A C1'4 ,‘\: , Q M . -.__ ''' 1:$444)7k, /V40?4,‘ / C '`,:,4 4 4 pia * AlLirlir torktil4y4r. if :74/4/, N ,\ t, 0, , . N , 4,0te ,i0 <4 ,,,_ --,,/, , ky, ,,i , illt) v * * 44foli4w ,.. . • e iti, (4- \ .4.,.. (--- , _s„sN ,46.,,, •,,,, ,,, _ •l• •' i%& ,-** * Q , d414 1 4' / ° ,4 ,-N4 :04T ,.(9t/t;#t • I* _ __,)\ �O ct\40 • Itgra:!licli ,perred # 0.4:04t 4 7,..... .k, ,ci- ,*4.11,4> �0•`� � �J ` ���`��` � � "..***/ i t 5��` ..qtr a�+1�`` ri, V �'6�; � /�� 4,, zs , 4.....,,,, „,. „iv , , „.., , •' a-% 1r Do, a i. 411111MMEmmommilm. D. NECKRD N ® ;N^ \V-+E P.111NIMM� %'0 • r 9Q,* 1 ti k--1 '4311101 IA W '-0 10, • V SITES .. oil's- ,--- .0:� Z CSO .p\� F d4-TAN s / illiP SP ��0. 0 _ FSS. 4-0111 \�, AVE 104` `c�1 O0 t ---- „. rt,„,,, ,I.,I fis!:::::::::::-11, S12: ;At*,cbi �ili, ;_ ,,,,_.40\,.. 0 A o�� , ),1010 -41 �o m 0 . ,...„......,,,,:lifie,a,,, ,,,. 0 )-ait, ..,___\--t v A ,,,.„,.._ ,,_ \\Iti C ' s. .*61;itiDe.1/4 � 1:14-411A- . CO WI10 CO. 11343:111,11.".---111\CIPI-A 1a;a0.\t4.0 ir rf/ 0 it ,--00, \ kraiiii& tior cm E0�000;� .,,,,,„\,„,, ?� o _ A o J\C9V • o1 I, -‘1111‘ ' '-',-- '>''' i lit1:1' 9 1 )/:( c.L ,___5 - littX., r '4'44� �, / LOCATION MAP SANDBRIDGE ROAD - NIMMO PARKWAY PHASE VII-A CIP 2-078 Prepared by P.W./Eng./Eng.Support Services Bureau 8/15/2017 X:\CADD1Projects\ARC Files\AGENDA MAPS\Sandbridge Rd-Nimmo Pkwy Phase VII-A CIP 2-07t r jii CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funding from the Virginia Department of Transportation's Regional Surface Transportation Program to CIP Project #2- 124, "Elbow Road Extended Phase II-C" MEETING DATE: December 5, 2017 • Background: The Regional Surface Transportation Program (RSTP) was authorized in the federal transportation bill, "Fixing America's Surface Transportation," also known as the FAST Act. The RSTP is intended to help local sponsors fund regionally significant highway and transit projects. RSTP is part of the core federal-aid highway program. It is not a grant program, and funds are only available on a reimbursement basis with an 80% / 20% split between federal and state funds. The RSTP Program does not require a local match. The City received $500,000 ($400,000 federal and $100,000 state) of RSTP funding for the Elbow Road Extended Phase II-C Project, CIP 2-124. The Elbow Road Extended Phase II-C project will provide two lanes of realigned Elbow Road from Salem Road to the Chesapeake City line at Stumpy Lake. The construction of the additional two lanes will complete the ultimate four-lane divided roadway configuration of Elbow Road for a distance of approximately 1.5 miles. • Considerations: The $500,000 of RSTP funds will enable the City to advance the design phase of the Elbow Road Extended Phase II-C project from September, 2021 to January, 2018, allowing for advancement of the overall project delivery. • Public Information: Public information will be provided through the normal City Council agenda process. In addition, a public meeting will be held for the Elbow Road Extended Phase II-C Project, CIP #2-124, during the design process. • Attachments: Location Map; Ordinance Recommended Action: Approval Submitting D: : . - ncy: Public Works AD r: City Manager. y 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING FROM THE VIRGINIA DEPARTMENT OF 3 TRANSPORTATION'S REGIONAL SURFACE 4 TRANSPORTATION PROGRAM TO CIP PROJECT#2-124, 5 "ELBOW ROAD EXTENDED PHASE II-C" 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $100,000 in state revenue and $400,000 in federal revenue are hereby 11 accepted and appropriated to CIP #2-124 Elbow Road Extended Phase II-C in the FY 12 2017-18 Capital Improvement Program. 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 Bkdldy �� \Dana H- -yer Budget and Management Services City Attorney's Office CA14244 R-1 November 20, 2017 �� P-tpr►���tt►i;:- \111111111111111►,` I I 11 �,� �� �� D 111►; tk./1 zr.m III11I11I1111111� ` 40 - �:�W �`�'i'� - c �I 1111 11111111/_NM y. v �� S �� r o I ' ,`1 ji i m \ imilIIIIP1u1IP1A'Mii ,. _.A nrt. isiv.4„,, --"I\-,4:, :". A 17.4‘ ,?.0,..,_ ort,„4,1 0 tow., a 0 z S2 gp • l�I/��IIiaAP'& m a�. .� �lrrrrtrl► o o ii _ ����1/fitf�411 ■li 111111111111111111 OW • •10 0 01.111 • � V 0 idt ZWIL Ill $la 74,-- —0.\* 0 0 111 foe 11.1 4.op el St vamp' lrii 4 inisp. ,.......,. .- f•--- \III% . A411 0,,,, \ea 414 -44e." 1Z. (;) V �, • A. \ • , ____ Ak 41\, _•s Ire♦�/►1►OISS, ♦*tom ♦ 4 tat sac)\.\\*1 •#.41, .4k 4te4410 NVP4ey't ,s, 1 �,,.,`U� • -pp.; moi `� ♦ ♦ ♦`►444to�� 4�4 r► ♦' 4i, �'� ,( , •ry ►iii* �* ♦ ♦moi ♦ 4I1�� �� ♦ ♦ ♦ ��NoqY iiiii , 1..4, # A 4\, 144�•� �� �o sigin 14%•44 dump441"4 • *-- l'''' 4,117 - �� � ,♦ter,rii ' •� �r : � ♦♦�� Stumpy Lake m � �te ��� �� v co% d * °41* " t .44 �♦►��i$ �I m11 es,"/-:' 4:4 VeS V4 1/,. •"1 Wit% .78 iii , A -••• ,11'.• • 4 > o * 4 // \ •/#N4‘41,t0 / ‘ ' O• 4.* v•A‘ \ N 1 A ,\-`' lit,. ‘ A * 0. 0 (-3- .1) k ,/ ei09 °4 ' -so 6... e , Peso,-A . 0��� H �,r�� �� 61 Oak 111. 101 LOCATION MAP ELBOW ROAD EXTENDED PHASE II-C CIP 2-124 Prepared by P.W./Eng./Eng. Support Services Bureau 11/09/2017 X:\CADD\Projects\ARC Files\AGENDA MAPS\Elbow Rd\Elbow Rd Cip 2-124.mxd J. PLANNING 1. ELITE THERAPIES, INC. and ROSE HALL SHOPPES ASSOCIATES for a Conditional Use Permit re a tattoo parlor at 3101 Virginia Beach Boulevard DISTRICT 6-BEACH RECOMMENDATION: APPROVAL 2. NEW CINGULAR WIRELESS PCS, LLC C/O JACOBS TELECOMMUNICATIONS INC.and AIMOCO MAPLE BAY, LLC for a Conditional Use Permit re a small cell wireless facility at 1800 English Court DISTRICT 6-BEACI I RECOMMENDATION: APPROVAL 3. MCNEEL PROPERTIES,LLC and REED ENTERPRISES,INC.at 3249 Dam Neck Road a. Modification of Conditions to REVISE previous conditions re an auto repair shop(Approved May 16,2017) b. Conditional Use Permit re a bulk storage yard DISTRICT 7-PRINCESS ANNE RECOMMENDATION: APPROVAL 4. REED ENTERPRISES, INC.for Modification of Conditions to REMOVE the Auto Repair Use(the Bulk Storage will remain)al I Tolland and Dam Neck Roads(Approved December 8,2015)DISTRICT 7-PRINCESS ANNE RECOMMENDATION: APPROVAL 5. SPENCE CROSSING PROPERTIES,LC at Princess Anne Road and South Independence Boulevard for: a. Conditional Chanpe of Zoning from Conditional B-4 Mixed Use to Conditional PD-H2(A-12)Apartment b. Modification of Proffers re removal of a Deed restriction(Approved May 27,2014) DIS'IRICI I-CENTERVILLE RECOMMENDATION: APPROVAL 6. BAKER VILLAS, LLC and OCEAN RENTAL PROPERTIES,LLC,ET AL for a Conditional Change of Zoning from R-7.5 Residential to Conditional A-I8 Apartment at 504 Baker Road and 5501,5505 and 5513 Connie Lane DISTRICT'2-KEMPSVILLE RECOMMENDATION: APPROVAL 7. GOODWILL OF CENTRAL AND COASTAL VIRGINIA, INC. and SOUTHERN BANK AND TRUST COMPANY for a Conditional Change of Zoning from 0-2 Office to Conditional B-2 Community I3usiness at 1124 First Colonial Road DISTRICT 5-LYNNHAVEN RECOMMENDATION: APPROVAL 8. CITY OF VIRGINIA BEACH Conditional Change of Zoning from I-I Light Industrial and R-2.5 Residential to Conditional I-1 Light Industrial at 373 and 411 South Birdneck Road DISTRICT 6-BEACI I RECOMMENDATION: APPROVAL 9. Ordinance to AMEND and REORGANIZE Appendix 1, Oceanfront Resort District Form-Based Code, of the City Zoning Ordinance(CZO) RECOMMENDATION: APPROVAL 10. Ordinance to ADOPT and INCORPORATE into the 2016 Comprehensive Plan the"ViBe Creative District Connectivity Plan." and the "Oceanfront Resort District Connector Park Design Guidelines,' and AMEND the "Oceanfront Resort District Design Guidelines,"dated November 2017. RECOMMENDATION: APPROVAL )1. Ordinance to AMEND Sections III and 203 of the City Zoning Ordinance (CZO) re definition of Municipal Oceanfront Entertainment Venue and DELETE the requirement of Ten Year Shared Parking agreements. RECOMMENDATION: APPROVAL 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.Dxxmter 5.2017 at 6:00 cm.,at which time the following applications will be heard: DISTRICT 7-PRINCESS MINE MCNeel Properties. LLC/Reed Enterprises, Inc. Modification of conditions Conditional Ilea Permit(Bulk Storage Yard)3249 Dam Neck Road(SPIN 14951.46175) DISTRICT 7-PRINCESS ANNE Reed Enterpr5es,Inc.Mg icaton of Conditions West side of Holland Road.450+/-feet south of Dam Neck Road(SPIN 1495138628) DISTRICT 6-BEACH Elite Therapias. Inc. Rose Hall Shoppes Associates conditional U50 Permit(Tattoo Parlor)3101 Virginia Beach Boulevard.Suite 108(GRIN 1497153397) DISTRICT 5-LYNNHAVEN Goodwill of Central and Coastal Virginia.Inc./Southern Bank and Trust Company CrjpdjGonal Revoning (0-2 Office to Conditional B-2 Community Business)1124 First Colonial Road(GRIN 2408546615) DISTRICT 3-CENTERVILLE Spence Crossing Properties.LC fondional RWonino(Conditional B4 Mixed Use to Conditional PD-H2(Al2)Apartment&Modification of Qf➢841isouthwest side of Princess Anne Road(SPIN 1485152560) CM M COMM Beerlt • An Ordinance to Amend and Reorganize Appendix 1.Oceanfront Resort District Form-Based Code.of the City Zoning Ordinance pertaining to Definition(Chapters 1 and 8);Frontage and Building Types(Chapter 2);Setbacks(Chapter 3):Height(Chapter 4) Uses(Chapter 5);site Development(Chapter 6e Optional Forms of Development and Alternative Compliance (Chapter TP. and Signs (Chapter 8). CM W WSnN E 1-Ni Ordinance to Adopt and Incorporate into Me Virginia Beach Comprehensive Plan 2016,The'ViBe Creative District Connectivity plan: Dated November 2017;and the'Oceanfront Resort District Connector Park Design Guidelines,' Dated November 2017; and Amend the'Oceanfront Resort District Design Guidelines;Dated November 2017. qb of Wa SP tli- An Ordinance to Amend Sections 111.and 203 of the City Zoning Ordinance pertaining to The Definition of Municipal Oceanfront Entertainment Venue and the Deletion of the requirement of Ten Year Shared Parking Agreements. DISTRICT 6-BEACH City of Virg nia Beach Conditional Re,onin&(I 1 Light Industrial&R-2.5 Residential to Conditional I1 Light Industrial)373&011 S.Birdneck Road (GPINs 2417411312.2417408720.portions of 2417317606, 2417203629) DISTRICT 6-BEACH New Cingular Wireless PCS, LLC c/o Jacobs Telecommunications nc./AIMUCO Maple Bay. LICCondone Vs^ Ps a (Small Cell Wireless Facility)1800 English Court(GRIN 2407577184) DISTRICT 2-HEMPSVILLE Baker Villas. LLC&Ocean Rental Properties, LLC/Baker Villas, LLC, Ocean Rental Properties.lames Edward Sollner&Linda Susan Sollner conditional RA7oninP(R-7.5 to Conditional 4-181 504 Coker Road& 6501,5505.&5513 Connie Lane (GPINs 1468408255,1468407007. and portions of 1468500209, 1468409386,1468409432,1468407370.1468407461) All Interested partes are invited to attend. Ruth Hod g r,MMC ClerkCity Copies of the proposed ordinances,resolutions and amendments are on ole and may be examined in the Department of Planning or online a lit@S/rww_vbgovcom/Cc. For information call 385-0621. If you are physically dleabbl or visual&Impaired and need assistance at this meeting,please call the CITY CLEANS OFFICE et 855-4303; Hearing impaired call 711(Virginia Relay-Telephone Device for the Dean. BEACON: NOVEMBER 19&26,2017-'TIME EACH \ 1\ , .__,----------------- , __--------- ' .,__.....„-- • \ •,......____, .. CD ______•.. , i . „,'.'• . • 4 i I I . ' I . 1 C .. . „ . . . „„ 1 . . 4 I, - i, , 1 . , • , . .- 0 . cs in .........- ' \ In . \ . . • • . , \ , , _ . . \ . . I , . , 03 , , , , \ \"0\ , ill- . _1 , . \ , , ,,I. \ . \ , . 1 1 44 1 , \,,,,, .• .• • il Ii . • \ •. , 1 . , , 03 ',. , , • . • , ,, .. 1 1 ......, . , , . . i 1 .1, • C1:0„. , k j6, • , . Il , J , .,. . . k , . : • , , ),1 . ; 1 • .: , I ; : \I ,. .,. _.. . _..........._____ . , . , •,,,B1 I •. ' ../ 7 r,---- ._ ....-----.--.. _ --- • < . • ..----- .. ,, ..... -,............_ -,_. • • ----__ _ ._ . ,- , ,-,, . . , ...._ . , . Jr ' ,, I • :. . . . , , , I - , ,, . . .. .I.0 N. 1 ..........,..„±:„. , . . • ,\L_I V \ , La , ,, \ \ 41* t..0 I. Ca , ,,,n. ' , , ‘-'•'.''-;\ . , ,,F \ \13,‘. \ P..... .- , , .. , ... . . .. . „ . . . It 'A i i . . • . . . , . , _ . „ . . . . , , 03 - \ ''.- . .---•-,-'-'' ', . --:. -,)• . , . , ,1\, . • \,, , N , , „„ \ • „ , ., • \\ , \ • . \C\ \1 4 . . „ . „ r ..' • , .1 . \ i, Lo ,,,,,. . . ..i, \;:„.,, ci \ \ ... .. .,,,.., . , , ,, 1,e, .... , \ , , , ‘ \\ \ , . N • . . /A;;;;;;;N„, . \ \ (....., , . . ct( . • • , ,, , . . . • ;. . , . , , , •, .. . \ „ . • 1, • , ,. , • , 1. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ELITE THERAPIES, INC. [Applicant] ROSE HALL SHOPPES [Property Owner] Conditional Use Permit (Tattoo Parlor) 3101 Virginia Beach Boulevard, Suite 108 (GPIN 1497153397). COUNCIL DISTRICT— BEACH MEETING DATE: December 5, 2017 • Background: The applicant currently operates a wellness center within a unit in this shopping center adjacent to Virginia Beach Boulevard. A Conditional Use Permit for a Tattoo Parlor is requested in order to offer permanent cosmetic makeup services, known as microblading, to clients of the wellness center. The property is located within the Francis Land House Historic and Cultural Overlay District. Any proposed changes to the signage or to the structure requires review and ultimate approval by the Historical Review Board for the issuance of a Certificate of Appropriateness. The applicant has stated that no such changes are proposed. • Considerations: While the Lynnhaven Strategic Growth Area Master Plan calls for long-term redevelopment of the site with mixed-use, non-residential uses, in Staffs view, the proposed use is compatible with the existing business uses along this stretch of Virginia Beach Boulevard; as well as being adequately screened from the adjacent Francis Land House, one of City's oldest historic resources. A condition is recommended that limits the tattoo services offered at this site to just microblading. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1. 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. Elite Therapies, Inc. Page 2 of 2 3. The Tattoo Parlor shall be limited to only microblading services, as the site is located within a historic and cultural district. 4. Any modification to the signage with regard to the Tattoo Parlor shall require a modification to this Conditional Use Permit. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departm- !ency: Planning Department ,y-t7� / ,1 City Manager: I Applicant Elite Therapies, Inc.vz Agenda Item Property Owner Rose Hall Shoppes Associates Public Hearing November 8, 2017 City Council Election District Beach Virginia Beach Request aP -0 0,. ,0 S?„ r q r Conditional Use Permit (Tattoo Parlor) `"a� 65-70 dB DNL s'a4;rP so Lynnhaven Road Staff Recommendation ,/ `> N B ��G 3et ,,, Approval P 0ea r 90 S. Staff Planner yd�P'°y,P9Pl�" q 70-75 dB DNL 4., Robert Davis Location �fB1n.ageacbsou` v�d 3101 Virginia Beach Blvd, Suite 108 GPIN 1497153397 Francis Land Lone Site Size 9,255 square feet AICUZ 65-70 dB DNL; Sub-Area 3 Watershed Chesapeake Bay Dr+v c, /r,; A Existing Land Use and Zoning District f• ..rv`+�, - ''vs Shopping center/ B-2 Community Business, �! - �, _ ' r` Francis Land House Historic& Cultural Overlay hf i. v. •‹.... r ,r R,;, ei District o ' .�N014 _ 1 t:. — � ,_r;, �9F ch 430 '' •,nR0, ' a-:.,. -- - +- ire Surrounding Land Uses and Zoning Districts _ ,G03,0uthe"jra� .j; ,;. ,., "" ; North ��r,�;,",K :rfick::\ Virginia Beach Boulevard �.Auto sales, financial institution, vacant/ B-2 `'K Community Business MSouth �' - Francis Land House/ B-2 Community Business, /,�Francis Land House Historic and Cultural r„•.= Overlay District 4 it r r Cor,14 ', East Kings Grant Road Office building/ B-2 Community Business, Francis Land House Historic and Cultural Overlay District West Francis Land House/ B-2 Community Business Francis Land House Historic and Cultural Overlay District Elite Therapies, Inc. Agenda Item 1 Page 1 Background and Summary of Proposal • The applicant currently operates a wellness center within a shopping center adjacent to Virginia Beach Boulevard. A Conditional Use Permit for a Tattoo Parlor is requested in order to offer permanent cosmetic makeup services, known as microblading, to clients of the wellness center. • The proposed hours of operation are 10:00 a.m. to 6:00 p.m.,Tuesday through Friday, and 10:00 a.m. to 4:00 p.m., on Saturday. • The site is located within the Francis Land House Historic and Cultural Overlay District. Any proposed changes to the signage or to the structure requires review and ultimate approval by the Historical Review Board for the issuance of a Certificate of Appropriateness. The applicant has stated that no changes are proposed that would require review by the Board. "stx.„( 4-2 B`22 • 3 Zoning History '—__ _ - -' in3 Bete'�oute�rd # Request es�o V►r9tgea ^_- 1 MOD&CUP(Car Wash Facility)Approved 10/17/2017 dB DNL CUP(Motor Vehicle Sales and Service expansion) 1 Approved 02/22/2000 CUP(Motor Vehicle Sales and Service,Storage) Approved 02/10/1998 2 CUP(Open-Air Market)Approved 03/01/2016 B. 3 CUP(Motor Vehicle Sales and Service)Approved B-2 ' 12/09/2003 4 CUP(Church)Approved 05/26/2009 • Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan designates this site as being within the Lynnhaven Strategic Growth Area. The long-term vision for the Lynnhaven SGA calls for a series of mixed-use and flexible developments. Design principles include enabling flexible development sites and building types to respond to ever-changing market needs and development programs that are compatible with AICUZ restrictions. Elite Therapies, Inc. Agenda Item 1 Page 2 Natural and Cultural Resources Impacts This site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural resources associated with the site, as it is fully developed with a shopping center and parking lot. The site is located within the Francis Land House Historic and Cultural Overlay District and was once part of the estate associated with the Francis Land House, circa 1805, that was the home of Francis Land VI, a wealthy plantation owner and a member of a prominent family in Princess Anne County. No changes to the building or to the signage are proposed with this request that would otherwise require review by the Historical Review Board. Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation While the Lynnhaven Strategic Growth Area Master Plan calls for long-term redevelopment of the site with mixed-use, non-residential uses,the proposed use is compatible with the existing business uses along this stretch of Virginia Beach Boulevard; as well as being adequately screened from the adjacent Francis Land House, one of City's oldest historic resources. While the site is located within the Francis Land House Historic and Cultural District, Staff if of the opinion that the request for a Tattoo Parlor is acceptable, subject to the conditions below that provide protection to the existing historical resource. The conditions include a limitation that only microblading services be performed on the site, as opposed to full tattoo services, and that any changes to the signage with regard to the tattoo parlor requires an additional consideration in the form of a Modification of the Conditional Use Permit by the Planning Commission and the City Council. According to Traffic Engineering Staff, the addition of the purposed use at this location will have no impact on traffic movements along Virginia Beach Boulevard or Kings Grant 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. Elite Therapies, Inc. Agenda Item 1 Page 3 3. The Tattoo Parlor shall be limited to only microblading services, as the site is located within a historic and cultural district. 4. Any modification to the signage with regard to the Tattoo Parlor shall require a modification to this Conditional Use Permit. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. 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. Elite Therapies, Inc. Agenda Item 1 Page 4 Site Layout ..,r- • ;istfitti ti_vfx-- -4-- . tiF - = i r t l (2 I,_�- ...Ai - t+ ',Jail*. AL --- ' 1 SIC ii - '''. ''. c ' , ,,,, /�o , k. viiittgo . _, ,_ , ,,,-..., % i ) . � • , .....- Proposed , � 0 location " . - k •' tok. . 4 , . • Ilk Y • Elite Therapies, Inc. Agenda Item 1 Page 5 Site Photos • * 444 • _ _' r;! \ '� f�• ,4. ' t '� .. y'�� 11.. ' �?'QI tor' i `' , '�`1 • \`\ — _ : a `* . \ ' difs Ightit/\ifisit . ■ lit s . 111 r�. ■■!r� nye a. I-, .,,, Rid, MILO ,, . _ .Li Ili . 1 ,411111, Mil 1 ---r,`1--_. _ _ _ Elite Therapies, Inc. Agenda Item 1 Page 6 Disclosure Statement Virginia Beach APPLICANT'S NAME Elite Therapies, 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 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 Page I of7 n^-iI<nni NolnnpoF m.nla u° n7r�-r^`/ ® rvoi caneou ne o. ///a//aoi 7 Y' Robert A.Davis " Rn IN*.'VKMII I I r. Elite Therapies, Inc. Agenda Item 1 Page 7 Disclosure Statement Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. k�� Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Elite Therapies, 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) Gennipher Wlson Ried Wlson (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes[ and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if oroverty owner is different from Annlirant. Check here if the PROPFRTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER 15 a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name:Rose Hall Shoppes Associates If an LLC, list the member's names: Page 2 of 7 Elite Therapies, Inc. Agenda Item 1 Page 8 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Dabney B. Holt, Holt Family Partnership, B. Bruce Taylor Living Trust, Taylor Family Partnership, Sheila Taylor (B) List the businesses that have a parent-subsidiary1 or affiliated business entity 2 relationship with the Property Owner: (Attach list If necessary) Taylor Commercial Real Estate 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? SeeState 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 tvo entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. if the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Elite Therapies, Inc. Agenda Item 1 Page 9 Disclosure Statement APPLICANT laMinis Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ® ❑ Accounting and/or pre parer of Pat Trebes via Daniel Hargrave your tax return ❑ Architect/Landscape Architect/ Land Planner ® Contract Purchaser(If other chart ❑ the Aoolicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identity purchaser(s)and purchaser's service providers) ❑ VIConstruction Contractors • mEngineers/Surveyors/Agents Financing(include current ❑ mortgage holders and lenders Pal 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 e y SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NODoes 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 Elite Therapies, Inc. Agenda Item 1 Page 10 Disclosure Statement Virginia Reach :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 notihcatron that the application has been scheduled for public hearing, I am responsible for updating the information I provided herein two weeks prior to the Planning Commission, Council, VBA meeting, or meeting of any public body or committee in connection with this Application 'L 1, A'Pt CANT VCNAIUN! PAINT NAME Ik Page 5 of 7 Elite Therapies, Inc. Agenda Item 1 Page 11 Disclosure Statement OWNER vin YES NO SERVICE PROVIDER(use addidond sheets if needed) ® ❑ Accounting and/or preparer of Sherman,Spero,Safalino&Co., your tax return CPAS P.C. ® Architect/Landscape Architect/ Lawns B Gardens Plus Land Planner ❑ ® Contract Purchaser(if other than yhe AoolkanV-identify purchaser and purchasers service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ® ❑ Construction Contractors Holt Building Group • ® Engineers/Surveyors/Agents Financing(include current ❑ mortgage holders and lenders �i selected or being considered to provide financing for acquisition or construction of the property) • ® Legal Services Real Estate Brokers / Taylor Commercial Reel Estate ® ❑ 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 Elite Therapies, Inc. Agenda Item 1 Page 12 Disclosure Statement Virginia Reach 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. v^.4dad7' i3 /10cr PROPERTY OWNIRS SIGNATURE I PRIN[NAME DA1 Page 7 of 7 Elite Therapies, Inc. Agenda Item 1 Page 13 Item 41 Elite Therapies, Inc. Conditional Use Permit 3101 Virginia Beach Boulevard, Suite 108 District 6 Beach November 8,2017 CONSENT An application of Elite Therapies, Inc.for a Conditional Use Permit for a Tattoo Parlor on property located at 3101 Virginia Beach Boulevard,Suite 108, District 6. GPIN: 1497-15-3397-0000. CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. The Tattoo Parlor shall be limited to only microblading services,as the site is located within a historic and cultural district. 4. Any modification to the signage with regard to the Tattoo Parlor shall require a modification to this Conditional Use Permit. A motion was made by Commissioner Oliver and seconded by Commissioner Ripley to approve item 1. AYE 10 NAYO ABSO ABSENT 1 HODGSON AYE HORSLEY AYE INMAN ABSENT KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 1 for consent. Lucy Huttinger appeared before the Commission on behalf of the applicant. ____________\$ e -1! .41 : t_1' 1---\ i 4 --- CID 0 tut '�, ov e� Go o , __ A --------------ive---- -------------\----- N \ _:--_ - h Gout \ . ,.. _ ,,, e coust T\'CO- cL \.2r' d No � Gour1 Qos ci. mstec darn :k -oc.wizzo 'ti N \-- Q • . ; _ — ,�j' ' t>+ L1_t1V f CON' CU .l t1t�_- 5 •N. /7/ I N liffrTA i . 1a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NEW CINGULAR WIRELESS PCS, LLC C/O JACOBS TELECOMMUNICATIONS, INC. [Applicant] AIMOCO MAPLE BAY, LLC [Property Owners] Conditional Use Permit (Small Cell Wireless Facility) at the property located at 1800 English Court (GPIN 2407577184), COUNCIL DISTRICT— BEACH. MEETING DATE: December 5, 2017 • Background: The applicant proposes to install a Small Cell Wireless Facility, consisting of an omnidirectional antenna mounted on a 30-foot high metal pole. In the Apartment Districts, a Conditional Use Permit is required for any Small Cell Wireless Facility that is not mounted on an existing structure. As the proposed antenna will be mounted on a new pole, a Conditional Use Permit is required. • Considerations: The proposed location of the antenna is an area that has low visibility from the adjacent streets, primarily due to the existence of mature trees. Due to the height of the pole and the standard streetlight fixture that will be attached to it, the pole will likely be seen as a new light pole within the apartment complex rather than a wireless communication facility. The proposal is consistent with the regulations of the 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 placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1. The design and installation of the small cell wireless facility shall be in substantial conformance with Sheet T-1 and Sheets Cl through C-6 of the plan set titled "CHESIRE CT M, VIRGINIA BEACH, VA, 23454, LIGHT POLE, NODE ID: ZONE 9 NODE, 19 BEACH 181188," and dated 09.14.17. 2. No additional antennas or equipment beyond that shown on the plan set referenced above shall be installed. New Cingular Wireless PCS, 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 De m ency: Planning Department s r> _ tern it j. City Manage ��`'� �v`� INIB Applicant New Cingular Wireless PCS, LLC / Jacobs Agenda Item Telecommunications Inc. Property Owner AIMOCO Maple Bay, LLCD2 1 Public Hearing November 8, 2017 Virginia Beach City Council Election District Beach Request ..“4.‘"7,„ Nbgv�>re Nor« �` OyteV oe>'bd^One e Conditional Use Permit (Small Cell Wireless s 5 da^e70-75dBDNl W Facility) caievE _ z ; Background and Summary of Proposal • The applicant proposes to install a Small Cell Wireless Facility, consisting of an omnidirectional antenna mounted on a 30-foot high metal pole. The pole will be located adjacent to the northwestern side of a fenced recreation area that includes a swimming pool. • The Zoning Ordinance defines a Small Wireless Facility as follows: A wireless facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than six (6) cubic feet in volume, or, in the case of an antenna that has exposed elements,the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six (6) cubic feet and (ii) all other wireless equipment associated with the facility has a cumulative volume of no more than twenty-eight (28)cubic feet. • The antenna and its protective shroud are approximately four cubic feet, which meets the first part of the definition. Regarding the second part of the definition, the cumulative volume of all of the other equipment associated with the facility is far below the maximum allowable 28 cubic feet. • In the Apartment zoning districts, a Conditional Use Permit is required for any Small Cell Wireless Facility that is not mounted on an existing structure. Since the proposed antenna will be mounted on a new 30-foot high pole rather than existing structure, a use permit is required. • The proposed antenna will be located within a protective shroud mounted at the top of the pole. The antenna and shroud are three feet in height; therefore, the total height of the pole and antenna is±33 feet. The remote radio head (RRH), which is the equipment necessary for the antenna signals to 'communicate' with the fiber- optic transmission line feeding into the pole, will be installed within a protective shroud, and will be mounted on the pole at the height of ten feet. The RRH box is eight inches by eight inches. • There is no other equipment of larger size associated with the pole and antenna. Power and the fiber-optic line for the antenna will be located within underground conduit. • The submitted proposed pole elevation drawing shows that a standard cobra-head light fixture will be mounted on the pole at approximately 28 feet.The fixture will provide light for the swimming pool area where currently little lighting exists. New Cingular Wireless/Jacobs Telecommunications Agenda Item D2 Page 2 Zoning History 2 . # Request 1 CUP(Motor Vehicle Rental)Approved 07/14/2015 2 MOD(of 2002 CUP)Approved 10/01/2014 CUP(Motor Vehicle Sales&Service)Approved re/ 09/10/2002 /A-18 3 CUP(Motor Vehicle Sales)Approved 03/22/2005 —`> s.�arwgo' �� 4 CUP(Fuel Sales with Convenience Store)Approved A-18 e s ' 05/08/2002 ypi i T "� '18 5 CUP(Motor Vehicle Sales)Approved 11/20/2012 l w 3 e A-12 1 • ? S } 6 CUP(Mini-Storage)Approved 12/10/2002 32 a ` 3 i 7 CUP(Motor Vehicle Sales)Approved 05/09/2000 akso 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 already developed, and primarily consists of concrete and similar impervious surfaces. There are vegetated areas along the periphery of the recreation area, particularly along the Village Drive frontage, where there are mature trees. Evaluation and Recommendation The request of the applicant to install a 30-foot high metal pole with a 3-foot high omnidirectional small cell antenna is acceptable.The location, at the rear edge of an existing recreational area for the apartment complex, is an area that has low visibility from the adjacent streets.The low visibility is primarily due to the existence of mature trees along the streets, particularly along Village Drive.The impact of the small cell facility on the users of the swimming pool area will be minimal. While the pole will in fact be a small cell wireless facility, the majority of users of the pool are likely to view it as new light pole installed by the apartment management firm, rather than a small cell facility. The proposal is consistent with the regulations of the Zoning Ordinance. Approval is recommended subject to the conditions below. New Cingular Wireless/Jacobs Telecommunications Agenda Item D2 Page 3 Recommended Conditions 1. The design and installation of the small cell wireless facility shall be in substantial conformance with Sheet T-1 and Sheets Cl through C-6 of the plan set titled "CHESIRE CT M, VIRGINIA BEACH,VA, 23454, LIGHT POLE, NODE ID: ZONE 9_NODE, 19_BEACH_181188," and dated 09.14.17. 2. No additional antennas or equipment beyond that shown on the plan set referenced above shall be installed. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. New Cingular Wireless/Jacobs Telecommunications Agenda Item D2 Page 4 Proposed Site Layout i i it A lb' § 1. Iii s - .,b�ae g 1 i '7)1 1■ 9 a c ii_ V , i i Cha k t 1 -,-M'` • 1 — i • y E: 1 a , f t raw � 1al Z v,I F a a e e S. s 4 ,4 N F I 0c ria" ; i IP § `AVS' 3 .' h g6 g a 4 ... NA • Wir- Mr���1 1 a $y µal z......4, d vs 1 FIs i< Y O New Cingular Wireless/Jacobs Telecommunications Agenda Item D2 Page 5 lii. dimiliti Proposed Elevations N PR sn PROPOSED AT&T ST DMNI-DRECTIONAL- ANTENNA Pl. TH AD AN I TH A. T/ of PROPOSED ANTENNA - 3 33'-7-1/4' Lt T/ OF PROPOSED POLE - 3 30'-O' To TO B OF PROPOSED ANTENNA ..+ 3 28-8-7/18' lir SE (2) RF NOTICE SIGNS SHALL BE PLACE ON OPPOSITE SIDES OF POLE PROPOSED METAL POLE PROPOSED COAXIAL CABLES & (1) #6 BARE GROUND PROPOSED EQUIPMENT SHROUD PAINTED TO MATCH POLE & INSTALLED PARALLEL TO POOL I -.----'----_ STAINLESS STEEL STRAPPING (EYP) 44)O/1.OF PROPOSED RRNS - * 10'-0' 111 PROPOSED POWER CABLES HI 41 1�--FIBER DEMARC (PREUMINARI') 'y _r----ANTENNA POWER DISCONNECT II - I yf__ PROPOSED FIBER / --- PROPOSED METER TO BE PROPOSED PENETRATION HOLE INSTALLED 5'-O' AGE THROUGH POLE SHAFT FOR POWER, GROUND AND COAX (THREADED AND REINFORCED) f XISTWG GRADE 5/8'(8' GROUND BAR -___ _ INSTALLED 24' TO 36' FROM --- POLE AND 12' BELOW GRADE PROPOSED POLE ELEVATION New Cingular Wireless/Jacobs Telecommunications Agenda Item D2 PAPP irn 0 Site Photos -,31 1- r • 71,11111 ' l : -I: r IF " : ,o w �ats. . isagoiXonst ar U. .18101. r .' ft Google eart a .) • ^"..- 4 • r4 • iami i i • _ li �• 1f' i. I �� ice. _1- l�-/ c - New Cingular Wireless/Jacobs Telecommunications Agenda Item D2 Page 7 Disclosure Statement B Virginia Beach APPLICANT'S NAME New angular Wireless PCS 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 PropertyI. Disposition of City Modification of by City Property Conditions or Proffers • Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) • Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY use ONLY/Alla imatt d edl�..,,n Page I of 7 Plain n Commission and Cc CountI riee ar„ vmiu one a Manor SI APPLICANT NOTIFIED OF HEARING MTF 09/25/2017 ' NO CHANGES Of DAT 10.t201201-7-- ll/1, IT1 Lpl' a[vlsREVISIONSS SUBMITTED - DAT F Stephen White/ 1 6 New Cingular Wireless/Jacobs Telecommunications Agenda Item D2 Page 8 Disclosure Statement Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:New Cingular Wireless PCS, LU If an LLC, list all member's names: AT&T Mobility II LLC (see attached) 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 r relationship with the Applicant: (Attach list if necessary) AT&T Mobility II LLC owns all of the membership interest of the applicant See next page for information pertaining to footnotes[ and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here If the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here If the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:AIMCO Maple Bay LLC if an LLC, list the member's names: Page 2 of 7 New Cingular Wireless/Jacobs Telecommunications Agenda Item D2 Page 9 Disclosure Statement .u,ei—be' Ob 2017 L 11 RJ El Company Overview of AT&T Mobility LLC Snapshot Overview Board Members Committees Key F xec times For AT&T Mobility 1I Name Board Relationships Title Age Glenn Lurie 95 Relationships Chief Executive Officer and President Peter A.Ritcher No Relationships Chief Financial Officer 56 Steven J.Hodges No Relationships President of Northeast Region -- LeAnn Priebe No Relationships South Central Region President -- Paul R.Roth No Relationships President of Retail Sales&Service 56 View More Key Executives AT&T Mobility l LC Board Members' Name Board Relationships Primary Company Age Rayford Wilkins Jr. 48 Relationships Pensare Acquisition Corp. 66 Richard G.Lindner 21 Relationships AT&T Mobility LLC 62 Randall L. Stephenson 37 Relationships AT&T Inc 56 View All Board Members New Cingular Wireless/Jacobs Telecommunications Agenda Item D2 Page 10 Disclosure Statement Virginia Beech If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list If necessary) (B) List the businesses that have a parent-subsidiary l 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 S 2.23101. 'Affiliated business entity relationship' means "a relationship, other than parent-subsidiary relationship,that exists when 01 one business entity has a controlling ownership interest in the other business entity,On a controlling owner in one entity Is also a controlling owner in the other entity, or Oil) there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two 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. e SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business clewing or t4 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 New Cingular Wireless/Jacobs Telecommunications Agenda Item D2 Page 11 Disclosure Statement APPLICANT Virginia Beach. !YES NO SERVICE PROVIDER(um adamon.I sheets if needed) ❑ ® Accounting and/or preparer of Iyour tax return ❑ F Architect/Landscape Architect/ Land Planner i Contract Purchaser Of other than 0 theApglltano-Identify purchaser and purchaser's service providers Any other pending or proposed -- - ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ ® _ '. Construction Contractors 0 Engineers/Surveyors/Agents BC Archaede Engineer Financing(Include current ❑ xmortgage holders and lenders I selected or being considered to provide financing for acquisition I or construction of the property) ❑ Legal Services Real Estate Brokers/ ❑ ® Agents/Realtors for current and anticipated future sales of the subject property _ I • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YESNO Does an official or employee of the City of Virginia Beach have ❑ man 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 New Cingular Wireless/Jacobs Telecommunications Agenda Item D2 Page 12 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. 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. J_ Evan Paner.Agent 9/11/2017 APPLICANT'S SIGNATURE I PRINT NAME DATE Page 5 of 7 New Cingular Wireless/Jacobs Telecommunications Agenda Item D2 Page 13 Disclosure Statement INB OWNER Virginia Beach YES NO SERVICE i PROVIDER lase ammena(sneers it _ I needed) I�I ® Accounting and/or preparer of I your tax return nArchitect/Landscape Architect/ Land Planner ❑ Contract Purchaser Of other than X the Applicant)-Identify purchaser and purchaser's service providers Any other pending or proposed ❑ lV purchaser of the subject property L (identify purchaser(s)and purchaser's service providers) 111 1X-1X- Construction Contractors r' I 1 X❑ Engineers/Surveyors/Agents Financing(include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nLegal services Real Estate Brokers/ fP Agents/Realtors for current and ▪ L 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 M an interest in the subject land or any proposed development I IJ 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 New Cingular Wireless/Jacobs Telecommunications Agenda Item D2 Page 14 Disclosure Statement Maple Bay 356 S Chesire Ct Virginia Beach,VA 23454 PS#040923 APARTMENT INVESTMENT AND MANAGEMENT COMPANY � 100% % AIMCO-GP. AIMCO LP Trust Non-AIMCO Owners �.. Inc. (apwwareC I"nalmllEN 54- 12W]I5) 103%GP 844%LP __. 057%LP AIMCO Properties,L.P. (a DeIaware limited partnership)(EIN 84-1275621) 1r AIMCO Maple Bay, L.L.C. (a Delaware firmed!NNW company)(EIN 571065280) September 2017 New Cingular Wireless/Jacobs Telecommunications Agenda Item D2 Page 15 Item#D2 New Cingular Wireless PCS, L.L.C. C/O Jacobs Telecommunications, Inc. Conditional Use Permit 1800 English Court District 6 Beach November 8, 2017 CONSENT An application of New Cingular Wireless PCS, L.L.C. c/o Jacobs Telecommunications, Inc. for a Conditional Use Permit(Small Cell Wireless Facility) on property located at 1800 English Court, District 6, Beach. GPIN: 2407-57-7184-0000. CONDITIONS 1. The design and installation of the small cell wireless facility shall be in substantial conformance with Sheet T-1 and Sheets Cl through C-6 of the plan set titled "CHESIRE CT M,VIRGINIA BEACH,VA, 23454, LIGHT POLE, NODE ID:ZONE 9_NODE, 19_BEACH_181188," and dated 09.14.17. 2. No additional antennas or equipment beyond that shown on the plan set referenced above shall be installed. A motion was made by Commissioner Oliver and seconded by Commissioner Ripley to approve item D2. AYE 10 NAV 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN ABSENT KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item D2 for consent. Evan Paner appeared before the Commission on behalf of the applicant. „. .., -..„ ..,,. . C-:—] ,---------\ '.: .... ,..•, -., 1111 .' 0 „------- , \--------- _---- '.), --..„ ' ---- • , -------- %-- .•. - \------ I MIME, .------ _--------------*------- ,..---- ,,..., N \_______. --- _ _,--- - _,...------ __--, _,----- . __--- ,--- . ....---- . ct ___......---------°-."--P---w-w-7-a--°------ oa6 _______•___ _._•- * . 16olla'(16 VL . N . _,-----ii„--------- 03 . .,.... _._•__ . ..----- . - __ ____ _----- _ -- ..s. 1 4111111111\ . * , . „.. . ; f IL\ I . i ...„; _ \c.• • . ., 03..•• Ln z , . •-.. ,,,_ ,. ,.• , sis.21/4:\ -... . ,. - , ,..... • , ,,-• . . • . . ,.. . I N. ., .. Nic• ca • . . , N\ ,-..,Nk -.., N. \ N. .• . . ..'.. . NIIIIIII\1\1\ ••„. ..„, .. _, .•••• • . ..• . . . N ..„, . ... .. ... .,,, .., ,.. 1 1/4 OA, • • . . .„.. \..„, :::•13 ' .,,,. ,. .„‘,.. .• • • ., ... -... . • ..„,,s, . .• . ... , •. ., .. • -. - --.. . . • -, , . . • . -,. • . , • • . --„„ , . . . --• . .. . . . • . , . .. .. .. , . ... • • , . . . • . , . 14% CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MCNEEL PROPERTIES, LLC [Applicant] REED ENTERPRISES, INC. [Property Owner] Modification of Conditions (Auto Repair Garage approved by City Council on May 16, 2017) Conditional Use Permit (Bulk Storage Yard) at the property located at 3249 Dam Neck Road (GPIN 1495146175), COUNCIL DISTRICT— PRINCESS ANNE. MEETING DATE: December 5, 2017 • Background: Three Conditional Use Permits have been approved on this site by City Council, the first in February 2005 for an Auto Repair Establishment, the second in July 2016 for Motor Vehicle Sales and Rentals, and most recently in May 2017 for an Automobile Repair Garage. The 2017 request permitted the installation of a paint booth within the existing building with a time limit of three years, as recommended by Planning Commission. The applicant has the property under contract and requests the removal of Condition #6 which states that the "Automobile Repair Garage use shall expire within three (3) years of the approval or upon the opening of the Automobile Repair Garage on the adjacent property, whichever occurs first." At the time of the approval in May, the property owner intended to develop an automobile repair garage on the adjacent site as a complement to his existing automobile repair facility. However, that site has not been developed and now it is the property owner's intent to develop a business use that does not include automobile repair.The applicant is also requesting a Conditional Use Permit for a Bulk Storage Yard for vehicles awaiting repair. The applicant has indicated that vehicles will no longer be offered for sale, as permitted under the 2016 Conditional Use Permit for Motor Vehicle Sales and Rentals. However, it is the applicant's desires to retain the Conditional Use Permit in order to provide vehicles for rent to their customers awaiting repairs. • Considerations: The site is in the 70 — 75 dB Ldn Noise Zone and Accident Potential Zone (APZ) 2 surrounding NAS Oceana. There is a restrictive covenant and easement on this property that is owned by the United States Department of the Navy. The Navy has reviewed the proposal and deemed it compatible with naval flight operations. The proposed minor modifications to the building will not impact the existing high quality exterior. Additionally, as with the existing services offered, no repair work McNeel Properties, LLC Page 2 of 3 is proposed or will be permitted outside of the building. In Staffs view, the removal of the three year time limit will not have an adverse impact on any of the surrounding properties, as the paint booth will be virtually undetectable from the rights-of-way. The existing and proposed plant material and fencing will sufficiently screen the bulk storage yard from the rights-of-way and from the adjacent residential use to the south. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. The conditions of the 2016 and 2005 Conditional Use Permits for Motor Vehicle Sales and Rentals and Auto Repair Establishment shall remain in effect. The Conditions of the Conditional Use Permit for an Automobile Repair Garage on May 16, 2017 are hereby deleted and replaced with the following conditions: 1. The development of the site shall substantially conform to the submitted layout entitled "Modifications of Conditions Plan Dam Neck Car Care Service Center, S. W. Intersection of Dam Neck & Holland Road for McNeel Properties, LLC, Virginia Beach, Virginia" prepared by Land Design and Development, Inc., dated 07/27/17 and as depicted on page 6 of this report, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. Architectural design and colors shall conform with the exhibit entitled, "Neal Reed Project — Auto Service Center Holland Road & Dam Neck Road Virginia Beach, Virginia" prepared by Neil E. Bristow Architect, dated 06/21/05 and as depicted on page 7 of this report. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 3. No outside storage of equipment, parts, tires, merchandise or materials shall be permitted on the site. 4. Vehicles in a state of obvious disrepair shall only be stored inside the building or within the Bulk Storage Yard. 5. All motor vehicle repairs and painting shall only take place inside the building. 6. Vehicles in the Bulk Storage Yard shall be parked in an orderly fashion. 7. The deviation to the required Category VI is approved for the Bulk Storage Yard, as described herein. Existing plant material and fencing along the McNeel Properties, LLC Page 3 of 3 southern property line shall be maintained where it exists in order to provide an equal or greater amount of screening required by a Category VI buffer. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep. • m= ' •• •ency: Planning Department Lne._1 yU� City Manager: �► I /lJl 11BApplicantMcNeel Properties, LLC Agenda Item Property Owner Reed Enterprises, Inc. Public Hearing November 8, 2017 City Council Election District Princess Anne D 1 Virginia Beach PYL1 Request Stam e1,d."'P Conditional Use Permit (Bulk Storage Yard) Ceti"°`"e Bt «;otoot;v Modification of Conditions (Conditional Use I /" Permit approved by City Council on May 16, 2017 for Automobile Repair Garage) 65-70 dB DNL Z d', >75 dB'NL APZ2 �a #Staff Recommendation a,,, � 'x. Approval �°' ,ia w p,,,, s 454."nire APZ2 �'+q� �y� Staff Planner a, 4 �' , ,i' 3 °es ' Robert Davis �.„. tr. —4 -, .Co k , ,,,,„„ut Oak WO %Vi Vs Location 7075 dB ONL 2 0�4' 3249 Dam Neck Road �'Pq4 0, New.swe Bary Lam 9.43 ,MaP GPIN 1495146175 Site Size 1.92 acres AICUZ 70-75 dB DNL; APZ 2 Watershed Southern Rivers Existing Land Use and Zoning District L_ Automobile repair& sales /Conditional B-2 �,�° �L, sI ; ' T• *G Community Business �� '•„&. v 4 • /> r, - Surrounding Land Uses and Zoning Districts c ' �` ` • North �� ,' Automobile repair and fuel sales/Conditional Qet‘ .r;';0,:.. .•' B-2 Community Business �� ,� - ,. . .• Single-family family dwelling/AG-2 Agricultural . A `•` . *"'' \ ". A''s ' East - :. Holland Road 1.,;-/d 'cc "`i. •' a . �� , Animal shelter/ 1-1 Light Industrial m, ` ``� ��' West fel' ' �` �0 Dam Neck Road �i K + Single-family dwellings/ R-5D Residential McNeel Properties, LLC Agenda Item D1 Page 1 Background and Summary of Proposal • Three Conditional Use Permits have been approved on this site by City Council,the first in February 2005 for an Auto Repair Establishment,the second in July 2016 for Motor Vehicle Sales and Rentals, and the most recent one in May 2017 for an Automobile Repair Garage in order to install a recently acquired paint booth within the existing building. A condition limiting the Automobile Repair Garage to three years was recommended by Planning Commission and later approved by City Council. • The subject site is now under contract to be sold to the applicant who is therefore requesting to eliminate Condition#6 which states that the Automobile Repair Garage use shall expire within three (3) years of the approval or upon the opening of the Automobile Repair Garage on the adjacent property, whichever occurs first. In essence, the property owner is requesting that the paint booth that was approved with a limit of three years on this site be permitted to remain over the long term. • In "exchange," the property owner, who also owns the adjacent parcel to the east which was approved in 2013 by City Council for a Conditional Use Permit for an Automobile Repair Garage, has submitted a Modification of Conditions requesting to remove the repair garage (paint booth) use from that site. At the time of the approval, the property owner intended to develop an automobile repair garage on the adjacent site as a complement to his existing automobile repair facility. However, the site has not been developed and now it is the property owner's intent to develop a business use that does not include automobile repair. That request, scheduled to be heard by the Planning Commission in November 2017, is not part of this application. • The applicant is also requesting a Conditional Use Permit for a Bulk Storage Yard for vehicles that are dropped off for repair. • Section 228 of the City Zoning Ordinance requires that a bulk storage yard be screened with Category VI landscaping, which includes a solid fence not less than six feet in height with evergreen shrubs installed along the exterior of the fence.The applicant requests a deviation to the Category VI requirement for the storage yard. The submitted plan depicts the proposed bulk storage yard within the existing parking lot, to the rear of the building. The storage area will be enclosed with a six-foot high, solid, white vinyl fence. There is an existing six-foot high, solid, white vinyl fence with trees planted inside the fence line, which will serve to screen a portion of the storage area. A stormwater management pond surrounded by shrubs is located adjacent to the eastern property line, and will provide separation and distance to the B-2 property to the south. An existing auto service station with fuel sales is adjacent to the north. A new fence is proposed along a portion of the northern property line that, along with the existing interior parking lot plantings, will also aid in screening the storage yard. • The submitted elevations depict minor changes to the exterior of the building, which includes the installation of three new service doors on the south side and two access doors; one on the south side and one on the north side, to provide access to an interior drive aisle through the building. • The applicant has indicated that vehicles will no longer be offered for sale, as permitted under the 2016 Conditional Use Permit for Motor Vehicle Sales and Rentals. However, it is the applicant's desires to retain the Conditional Use Permit in order to provide vehicles for rent to their customers awaiting repairs. McNeel Properties, LLC Agenda Item D1 Page 2 • The site is in the 70-75 dB Ldn Noise Zone and Accident Potential Zone (APZ) 2 surrounding NAS Oceana. The proposed use is compatible with Section 1804 of the Zoning Ordinance, in regard to the Noise Zone and the APZ. There is a restrictive covenant and easement on this property that is owned by the United States Department of the Navy. The Navy has reviewed the proposal and deemed it compatible, as depicted on page 16 of this report, with the uses permitted in such an easement and with naval flight operations. Zoning History ,_, # Request 1 CUP(Automobile Repair Garage)Approved 05/16/2017 R-7.5 CUP(Motor Vehicle Sales& Rentals) Approved 07/05/2016 -1* 5 AG-1/ CRZ(AG-2 to Conditional B-2)Approved 02/22/2005 CUP(Auto Repair Establishment)Approved 02/22/2005 O-2 2 MOD Approved 12/08/2015 5D a CRZ(AG 2 to Conditional B 2)Approved 10/08/2013 N 4Nft 9 /^ B- CUP(Auto Repair Garage& Bulk Storage Yard)Approved 'k-5D N ak- 1-1 1-1 10/08/2013 ? ;i 3 3 CUP(Animal Shelter)Approved 05/28/2002 5D* e B 4 4 CRZ(AG-2 to Conditional B-2)Approved 07/03/2001 APzs CUP(Auto Service Station)Approved 07/03/2001 _..:5 AR s75 dB DNL 2 \ 5 MOD Approved 10/09/2001 B-2* I-1*At REZ(R-5D to I-1)Approved 09/14/1999 0 6 CUP(Communication Tower)Approved 02/23/1999 /' 47, B"2r 7 REZ(0-2 to I-1)Approved 02/14/1995 AG-2 0-1* ,e. 8 CUP(Communication Tower)Approved 06/09/1998 REZ(AG-1 to I-1)Approved 12/05/1983 CUP(Bulk Storage Yard)Approved 12/05/1983 4Application Types CUP-Conditional Use Permit MOD-Modification of Conditions or Proffers FVR-Floodplain Variance REZ-Rezoning NON-Nonconforming Use ALT-Alternative Compliance CRZ-Conditional Rezoning STC-Street Closure SVR-Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard again possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural and Cultural Resources Impacts This property is located in the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. There do not appear to be any significant natural or cultural resources on the site as it is developed with an automobile business. McNeel Properties, LLC I Agenda Item D1 Page 3 Public Utility Impacts Water & Sewer This site is currently connected to both City water and sanitary sewer service. Evaluation and Recommendation Consistent with Staff's position in 2016, the requests for a Modification of Conditions for the removal of the three year time limit for the Automobile Repair Garage for the paint booth, as well as a new Conditional Use Permit for a Bulk Storage Yard are deemed acceptable. In Staff's opinion, the requests are compatible with the auto service uses in the vicinity. The minor modifications to the building will not impact the existing high quality exterior. Additionally, as with the existing services offered, no repair work is proposed or will be permitted outside of the building. In Staff's view, the removal of the three year time limit will not have an adverse impact on any of the surrounding properties, as the paint booth will be virtually undetectable from the rights-of-way. The existing and proposed plant material and fencing will sufficiently screen the bulk storage yard from the rights-of-way and from the adjacent residential use to the south. Section 228 of the City Zoning Ordinance requires that a bulk storage yard be screened with Category VI landscaping, which includes a solid fence, not less than six feet in height, with plants along the exterior of the fence.The applicant is requesting that this deficiency be addressed through the provisions of Section 221 (i) of the Zoning Ordinance, which allows City Council to grant deviations from required setbacks, landscaping, height, lot area requirements, and lot coverage.The City Council may allow such deviations "for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." Staff concludes that the deviation will not adversely impact the adjacent properties. For the reasons stated above, Staff recommends approval of this request, subject to the conditions below. Recommended Conditions The conditions of the 2016 and 2005 Conditional Use Permits for Motor Vehicle Sales and Rentals and Auto Repair Establishment shall remain in effect.The Conditions of the Conditional Use Permit for an Automobile Repair Garage on May 16, 2017 are hereby deleted and replaced with the following conditions: 1. The development of the site shall substantially conform to the submitted layout entitled "Modifications of Conditions Plan Dam Neck Car Care Service Center, S. W. Intersection of Dam Neck& Holland Road for McNeel Properties, LLC,Virginia Beach,Virginia" prepared by Land Design and Development, Inc., dated 07/27/17 and as depicted on page 6 of this report, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. Architectural design and colors shall conform with the exhibit entitled, "Neal Reed Project—Auto Service Center Holland Road & Dam Neck Road Virginia Beach,Virginia" prepared by Neil E. Bristow Architect, dated 06/21/05 and as depicted on page 7 of this report. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 3. No outside storage of equipment, parts, tires, merchandise or materials shall be permitted on the site. 4. Vehicles in a state of obvious disrepair shall only be stored inside the building or within the Bulk Storage Yard. 5. All motor vehicle repairs and painting shall only take place inside the building. McNeel Properties, LLC Agenda Item D1 Page 4 6. Vehicles in the Bulk Storage Yard shall be parked in an orderly fashion. 7. The deviation to the required Category VI is approved for the Bulk Storage Yard, as described herein. Existing plant material and fencing along the southern property line shall be maintained where it exists in order to provide an equal or greater amount of screening required by a Category VI buffer. 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. McNee) Properties, LLC Agenda Item D1 Page 5 Proposed Site Layout �i ..a o -ig_ I- - 7 ��w .... l+- ---Wit ,, �� , Roa x41. N 1.•v• ,I 'Oa.. � leri.t 4 y. O [ ., > .: Co:.t 4 - Proposed ra ' del ', „�.. .,., o ► "� 324• 'I. Na ',OD),.. ....... Fence 44.) O o-b� % :: (21`41 EXISTING S.4. r _ I , 41) IA I ►M;' R Ni 4800 S. —r,.. +'4 ,,?.:, _ £ ':''. ' o -6+ �►� ' : nI Building Exterior -� . • ,� I , 2 �� 1� oli�> I I I ' I aye :• .� �I ,_ti�, y ll ti � ®tai•. now:Ew 6.PJ t �+4. .... � /////// /, a Proposed Storage Yard 1 1� to Proposed Fence 11.0. i ' lt0, �4'Its.re. ease NMxmOMa , �f� Y.. 1 .1 f11• • r)r =1D OCII.O 1OR �1..�:,�.1.4-0,,,.-�, ' Existing Fence and Trees m. :v , McNee) Properties, LLC Agenda Item D1 Page 6 Proposed Elevation Modifications 00.41 IIINV104 VW welt as I McNee) Properties, LLC Agenda Item D1 Page 7 Site Photos I - ,Isom ...,,....... . - . ...-4'.'..,, . -:- fis, . ,.... . . . , . . . ..„ .. • . :_ , , . . , ..• (dr, F. 1_._ 1 ......., . .... 1 . ............ti --, ft L. _ , 1 1 . . , .. .. -1.1 ,IFIL•• , ... Iii 1:' ii 4.. i .... , I 411 I i • 4'.%.-. ' ;, A 0, A 1 ' •• . ,i i, ''' I "L al I ,' f° - II km i Vial.:...' a ..,-- 4Waft pirimemmmat zw... . \lc •-.` , -,' s. ' .. . . :. '• c'•• ...e.'.... 1.• •P- W. . . , . . . *••••4' ' ' ''4: ''' ' ' ','4,,7-:k . ••••r'r. - r . : A' - ., .11. )• -It._. , P. ... t• ....• . 401.4: 1../..:.•V .. Ft -2.;. y if: .4,... Nit • y, ' • ', .' '''' i Ita • r • 1 4 A a ,..... .r. . ........r. _ . 1 till le - ....g.m. , I • 1 . •-• ... - ...— memos I McNeel Properties, LLC Agenda Item D1 Page 8 Disclosure Statement Virginia Beach APPLICANT'S NAME McNeel properties, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property In the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property x 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 0 AIIlk AN N rtl N.,,u /0000 RobertA Davis McNee) Properties, LLC Agenda Item Dl Page 9 Disclosure Statement 7rtginie Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm. business, Cr other unincorporated organization. XCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:McNeel Properties, LLC If an LLC, list all member's names: Walter M. Keenan, Jr. 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) 1-MP Celebrate VA, LLC, 2-MP Cherry Grove Fredericksburg VA, LLC, 3-MP Alexandria VA,LLC, 4-MP CCLN Winston-Salem NC, LLC, 5-MP VP Rolling Hills Easley SC, LLC, 6-MP Indian Trail NC,LLC, 7. MP Waxhaw NC, LLC 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. D Check here If the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. E. 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:Reed Enterprises, Inc. If an LLC, list the member's names: Page 2 of 7 McNeel Properties, LLC Agenda Item D3 Page 10 Disclosure Statement Virginia React If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Neal Reed-President Maurice Reed-Vice President Manjula P. Reed-Secretary Treasurer (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list If necessary) Nimo, LLC Maurice Reed, LLC 'Parent-subsIdlary relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation' See State and Local Government Conflict of Interests Act,Va. Code§22-3101. "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.III)a controlling owner In one entity is also a controlling owner in the other entity,or (Ili) there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles; there are common or commingled funds or assets; the business entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there Is otherwise a close working relationship between the entitles.' See State and Local Government Conflict of Interests Act, Va Code§ 2.2-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect ofjh_e 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 McNee) Properties, LLC Agenda Item D1 Page 11 Disclosure Statement APPLICANT Able Bead, YES NO [ leBead Y _ -PROVIDER(ure additions(shags e'' needed) ® ❑ I Accounting and/or preparer of Elliott Davis Decosimo your tax return I Columbia.SC 29201 ❑ ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than 0 ® the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed O ® purchaser of the subject property (Identify purchaser(s)and I❑QI purchaser's service providers) ILY ® _ _. _ o. _. ___ __., ConrtroNon Contractors Not Selected' ❑ engineers/Surveyors/Agents Land Design&Development,inc. Financing(include current South State Bank ❑ ��� selected mortgage holders and lenders or being considered to provide financing for acquisition or construction of the property) • ® Legal Services Troutman Sanders LLP r Real Estate Brokers/ CBRE Norfolk,VA ® ❑ Agents/Realtors for current and IKevin O'Keefe • anticipated future sales of the suject property __.l i SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have , ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 McNeel Properties,LLC Agenda Item Dl Page 12 Disclosure Statement 3 Zginia Beach CERTIFICATION: 1 certify that all of the Information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to he Planning Commission, Council, VBDA meetin or meeting of any phbiic holly or committee in connection with this ,AYpyc kub. : __, / f<'/, V 5��� Walter M. Keenan,Jr. 7/24/17 APPLICANT'S SIGNATURE - ' PRINT NAME _ DATE Page 5 of McNeel Properties, LLC Agenda Item DI Page 13 Disclosure Statement OWNER 17tyrinia Beads YES NO SERVICE PROVIDER(Se.dddlead shuns if ❑ ❑� Accounting and/or preparer of your tax return El ❑ Architect/Landscape Architect/ NUPE Bnslow -- Land I Contract Purchaser(If other than ❑ 2 the Roofings)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ❑ purchaser of the subject property (Identify purchaserts)and purchasers service providers) ✓ Construction Contractors Engineers/Surveyors/AgeA nts TUU.Inc. Financing(Include current W Hampton Aoaos CI ID❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑✓ ❑ Legal Services pi Bourdon,nnen&LOW,v L Real Estate Brokers/ ❑ ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have El ❑� an interest in the subject land or any proposed development contingent on the subject public action? If yes, what Is the name of the official or employee and what is the nature of the interest? Page 6 of 7 McNee) Properties, LLC Agenda Item Dl Page 14 Virginia Beach CERTIFICATION: I certify that all of the information contained In this Disclosure Statement Form is complete true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. PROPERTY x'SSicNAiu0.E PRINT NAME DATE ' / /Ay,/ Neal Feed 07/21/2017 6 v f — �— _ — Page 7 of 7 McNeel Properties, LLC Agenda Item DS Page 15 Letter of Easement Compliance liance p DEPARTMENT OF THE NAW 1. NAVAL AIR STATION OCEAMA 1750 BEACH. VIRGINIA IReIH BOULEVARD VIRGINIA weumm. TOM TLERLLY191 4535 Ser N4/I88 12 Se( 17 Mr.R.J.Nutter,II,Esq. Troutman Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 Dear Mr.Nutter: Thank you for your request for an easement compliance review for the property located at 3249 Dam Neck Road,Virginia Beach,Virginia. I reviewed an analysis prepared by a Navy Real Estate Contracting Officer and I agree with the conclusion that the prop=ty is subject to restrictions resulting from two Grants of Easement acquired by the United States. Enclosed is a copy of the Review and Findings for your convenience. Accordingly,the proposed use of the property,described as the servicing of automobiles,the storage of petroleum products and retail sales of automobile parts,appears to be compliant with the language in the Grants of Easement and is therefore permitted,provided that no more than ten percent of the Boss building area is devoted to showrooms for the auxiliary retail sale of automobile parts. Be aware that our determination is based on your representations regarding the use and location of the property. Please be advised that the Navy will periodically conduct random reviews,in the field,of the properties encumbered by covenants and restrictions to ensure that the interests of the United States are protected. Thank you for your request for my comments on this matter. My point of contact for this matter is Mr.Paul Moomaw who can be reached at(757)341-1509 or via e-mail at pan.moomaw(a)navv,mil. Sincerely, MI Captain,U.S.Navy Commanding Officer Enclosure: Real Estate Contracting Officer's Review and Findings Copy to: NAVFAC MIDLANT(Codes ARE3&PRAI2) Reed Enterprises 2885 West Neck Road Virginia Beach,VA 23456 McNee) Properties, LLC Agenda Item Dl Page 16 Item PD1 McNeel Properties, L.L.C. Modification of Conditions Conditional Use Permit 3249 Dam Neck Road District 7 Princess Anne November 8, 2017 CONSENT An application of McNeel Properties, L.L.C.for a Modification of Conditions and a Conditional Use Permit(Bulk Storage Yard)on property located at 3249 Dam Neck Road, District 7, Princess Anne. GPIN: 1495-14-6175-0000. CONDITIONS 1. The development of the site shall substantially conform to the submitted layout entitled "Modifications of Conditions Plan Dam Neck Car Care Service Center,S. W. Intersection of Dam Neck & Holland Road for McNeel Properties, LLC,Virginia Beach,Virginia" prepared by Land Design and Development, Inc., dated 07/27/17 and as depicted on page 6 of this report, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. Architectural design and colors shall conform with the exhibit entitled, "Neal Reed Project—Auto Service Center Holland Road & Dam Neck Road Virginia Beach,Virginia" prepared by Neil E. Bristow Item HD1 McNeel Properties, L.L.C. Page 2 Architect,dated 06/21/05 and as depicted on page 7 of this report. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 3. No outside storage of equipment, parts,tires, merchandise or materials shall be permitted on the site. 4. Vehicles in a state of obvious disrepair shall only be stored inside the building or within the Bulk Storage Yard. 5. All motor vehicle repairs and painting shall only take place inside the building. 6. Vehicles in the Bulk Storage Yard shall be parked in an orderly fashion. 7. The deviation to the required Category VI is approved for the Bulk Storage Yard,as described herein. Existing plant material and fencing along the southern property line shall be maintained where it exists in order to provide an equal or greater amount of screening required by a Category VI buffer. A motion was made by Commissioner Oliver and seconded by Commissioner Ripley to approve item Dl. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN ABSENT Item#D1 McNeel Properties, L.L.C. Page 3 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 D3 for consent. R.J. Nutter appeared before the Commission on behalf of the applicant. , .. . T-.. 0 N . / • ., .• , < • • • • irool. N .. LC) Z ,/ C 4IMIL / NN. - A .7 i < NN • ",,,,,,, t•!.. ' 1 0 N V" /77/ I .• ,„, / 0 . , . . . .... •• . .'' • . . .. . • • ... .' .. .e•- ...--- %NI .... . ., ...---'.. .., .--- --- I ,.. _.....- ..... . ..--- ..--- 0 • • „-----_,..-._-- ...,-------' < ...• . ._ .— ..,......-. -77-,-7-:--7--f2 ,.--_---..7:7•7.----77'....._____ _ -,----- --- NN *ri\nk t*CS aI I LZ a. < Loa I _..:„ .,..., -,.... m . a ,.., , . - ,„. s' -.. --, \ .L N,, '---, ... .. ,,,,, .„.,, . _ - . Cill 1 --,..,40.4, , CI . NN'' frrit . NN '' - .46,,:'• , L.K. .. \... -. . 0 N \ a . _, * In NN 1 . 's-N.,.‘" •I Ce N I ---,, N / CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: REED ENTERPRISES, INC. [Applicant & Property Owner] Modification of Conditions (Automobile Repair Garage approved by City Council in 2013 and modified in 2015) at the property located on the west side of Holland Road +/- 450 feet south of Dam Neck Road (GPIN 1495138628), COUNCIL DISTRICT— PRINCESS ANNE. MEETING DATE: December 5, 2017 • Background: In 2013 City Council approved Conditional Use Permits for an Automobile Repair Garage and Bulk Storage Yard for the subject property. A Modification of Conditions was approved in 2015 to relocate the stormwater management facility due to a change in policy at Dominion Virginia Power, which no longer permits stormwater ponds under transmission lines. Initially, the property owner, who also owns the parcel to the west, intended to develop a repair garage as a complement to his existing automobile repair facility on the adjacent site. That adjacent site is now under contract for purchase. It is now the intent of the applicant to develop the subject site without an automobile repair operation. Therefore, the applicant proposes to modify the conditions to remove the automobile repair use. • Considerations: The proposed request for a Modification of Conditions to remove the Automobile Repair Garage use is rather minor. The subject site has a Conditional Use Permit for Bulk Storage Yard which will remain in affect. 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. All conditions attached to the Conditional Use Permit for an Automobile Repair Garage approved on this site on December 8, 2015 are deleted, as no Automobile Repair Garage use shall be permitted on this site. Reed Enterprises, Inc. Page 2 of 2 2. No outside storage of equipment, parts or materials shall be permitted unless located within the fenced Bulk Storage Yard. 3. The Bulk Storage Yard shall be enclosed with Category VI screening, as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach. 4. Any lighting for the Bulk Storage Yard shall be limited to light packs installed on the building and fence, as well as pole lighting not to exceed a maximum height of 15 feet. All lighting shall be shielded and directed downward to limit the amount of light overspill outside the property boundary. 5. A photometric plan shall be submitted at the time of final site plan review. 6. A landscape plan shall be submitted at the time of final site plan review. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departm ency: Planning Department i tti, Fl � City Manager: %v, Applicant & Property Owner Reed Enterprises, Inc. Agenda Item 'N3. 6 Public Hearing November 8, 2017 BCity Council Election District Princess Anne Virginia Beach Request Modification of Conditions (Conditional Use € Permit approved by City Council on 2013 and F 0 modified in 2015 for Automobile Repair Garage) o Staff Recommendation /l AB ON Approval 70 75•113 ONL + :•I5 d0 ONL APZ1 Staff Planner a e Vo' Robert Davis e AVZ Ar G,., Location .°"�N. le`,,, 0.West side of Holland Road, 450+/-feet south of s., Dam Neck Road .'°,„, GPIN GPIN 1495138628 Site Size 3.014 acres AICUZ 7075 d6 DNL; APZ2 '�1 `'a. ../ % , ylk I . - Watershed ��' �:; Southern Rivers �l ..\ f . I ;. '# �f Existing Land Use and Zoning District • , •r .w .' Undeveloped/Conditional B-2 Community 'f ,,•iv ,\` r.•'? ,Y' ; gid Business rr "` z' ,.• .1�•• �. y., , . l _ R •Irh "' �_� o I' 'o4 Surrounding Land Uses and Zoning Districts �• ': • ✓R`+L,' \ .. f' North 4 },. 'it.• i. ',I. i Holland Road `, '' •+a t ,x ', • �j•.'' e ' Office warehouse, animal shelter/ 1-1 Light ". f , .� r, ,' ;i .� Industrial r 4A.•. ,' ,,. , , , .I•• South ,"'� r ' ' � Single-family dwelling/AG-2 Agricultural • , ' � qli � �� h � =.vy- + ' • East Single-family dwelling/AG-2 Agricultural West Single-family dwellings, Automobile repair& sales/Conditional B-2 Community Business, AG-2 Agricultural Reed Enterprises, Inc. Agenda Item 16 Page 1 Background and Summary of Proposal • In 2013 City Council approved Conditional Use Permits for an Automobile Repair Garage and Bulk Storage Yard for the subject property. A Modification of Conditions was approved in 2015 to relocate the stormwater management facility; due to a change in Dominion Virginia Power policy that no longer permits stormwater management ponds under transmission lines. • At the time of the approval, the property owner, who also owns the adjacent parcel to the west, intended to develop a repair garage as a complement to his existing automobile repair facility on the adjacent site.The adjacent site is now under contract for purchase and a Modification of Conditions request has been submitted to remove the condition that limits the Automobile Repair Garage to three years.That request, scheduled to be heard by the Planning Commission in November 2017, is not part of this application. • The subject site has not been developed. It is now the intent of the property owner to develop a business use that does not include automobile repair.Therefore, the applicant proposes to modify the conditions to remove automobile repair use.The conditions for the Bulk Storage Yard will remain in effect. Zoning History v-' AG-2 # Request R-5D 1 CUP(Automobile Repair Garage)Approved 05/16/2017 B4 CUP(Motor Vehicle Sales& Rentals)Approved 1-i 07/05/2016 iDCRZ(AG-2 to Conditional B-2)Approved 02/22/2005 io- 670.75 CUP(Auto Repair Establishment)Approved 02/22/2005 0 d6 dB DNL 3 2 MOD Approved 12/08/2015 „�Z, CRZ(AG-2 to Conditional B-2)Approved 10/08/2013 / 1-i CUP(Auto Repair Garage& Bulk Storage Yard)Approved 10/08/2013 `c q / 7 ApZ2 3 CUP(Animal Shelter)Approved 05/28/2002 \A 4 CRZ(AG-2 to Conditional B-2)Approved 07/03/2001 .B�* •� CUP(Auto Service Station)Approved 07/03/2001 ° >75 dB/ ROy MIL/ 5 CUP(Communication Tower)Approved 02/23/1999 6 REZ(0-2 to I-1)Approved 02/14/1995 0-1 • 7 CUP(Communication Tower)Approved 06/09/1998 AG-2 REZ(AG-1 to I-1)Approved 12/05/1983 CUP(Bulk Storage Yard)Approved 12/05/1983 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area.” Guiding principles have been established in the Comprehensive Plan to guard again possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive.The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Reed Enterprises, Inc. Agenda Item 16 Page 2 Natural and Cultural Resources Impacts The site is within the Southern Rivers watershed. It is partially wooded and clearing of the site is underway. Other than the lumber, there does not appear to be any other significant environmental or cultural features on the site. Public Utility Impacts Water There is an existing 16-inch city water main along Holland Road.The proposed development must connect to city water. Sewer There is an existing eight-inch city sanitary sewer force main along Holland Road.The proposed development may connect to the eight-inch city force main in Holland Road with a private grinder pump. Health Department approval is required for a septic system. 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 proposed request for a Modification of Conditions to remove the Automobile Repair Garage use is, in Staff's opinion, rather minor. As noted previously, the subject site has a Conditional Use Permit for Bulk Storage Yard that was approved with conditions 2 through 6 below, which will remain in effect. Staff recommends approval subject to the conditions below. Recommended Conditions 1. All conditions attached to the Conditional Use Permit for an Automobile Repair Garage approved on this site on December 8, 2015 are deleted, as no Automobile Repair Garage use shall be permitted on this site. 2. No outside storage of equipment, parts or materials shall be permitted unless located within the fenced Bulk Storage Yard. 3. The Bulk Storage Yard shall be enclosed with Category VI screening, as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach. 4. Any lighting for the Bulk Storage Yard shall be limited to light packs installed on the building and fence, as well as pole lighting not to exceed a maximum height of 15 feet. All lighting shall be shielded and directed downward to limit the amount of light overspill outside the property boundary. 5. A photometric plan shall be submitted at the time of final site plan review. 6. A landscape plan shall be submitted at the time of final site plan review. 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 Reed Enterprises, Inc. Agenda Item 16 Page 3 Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Reed Enterprises, Inc. Agenda Item 16 Page 4 Site Layout pcO` \\ � li LA ��' R:w , x'40, g{g. �`B� `- `:st-S \ ��C(ice-_,, Illo , 1 0 it m i t-*4..,,,:i..4.. ,...---:,.:._._ `Y _ 0 wl c � IL yr ' -- ---' •tea• c8, ' t-.-__:.-14-1 MI IBM ��. r�� �� r'!n ---_-1-- 1 (R15EIt) MY.6A0 ,� _. A. .^�*-- ' of I • RM 660 t ' y "�~ C, / a — 1 w 5co r� _ •,;,r--,s —t a! 15'RCP Y �_ _ � BMP 1-CPN. I �065° .wx `.'4 �y" r"-.J 1 may— _ )-�_ EW %si• •/•C145) a6' I a. oar• })(SEE ,+ 8 / 4 ,4,\ • 10.00 , � 800 I �. ���.. �'° Proposed � �111 I• d � � � :� ,r-j),.,) j, ' • •(.5°J .O Office ; ,� •,1 �� �� -- sw co. 1 n, Oo-• ` , 10 ,I — 1 w.RAI 6.. and 10.55 ; enc._ 0 , ,cls N : 1 1 1. ', 91�g 1 Approved " : - Business 1 ; 1 C. - IOC- RCP S Storage Area / 30• _ Use 1 11 ' 5911 .! , ----. e40f IK • u' ' IN. ,® N3 I 6'RCP 1 our ...--A, o r- Illi:: • !,1L�f//. 1 l9R' 04 RCP- PAI .65 Wi !aj 6PC !°1� W.61 0.x(3) ''�'��� . • 9.60 " ma / 1 °t S Category VI c / a"" R PAD SCREEKED ii Screening t" 1 _' S ' - EA!N -THIS AREA TO— ,, 1 c ; I uND'•STURBED .,,% •to\ f I , -5703 $ I 2 1 I 0 i 1 264.97 ' toP ' Reed Enterprises, Inc. Agenda Item 16 Page 5 Site Photo 0111111:•• • I Reed Enterprises, Inc. Agenda Item 16 Page 6 Disclosure Statement Vii c APPLICANT'S NAME Reed Enterprises, Inc.,a Maryland corporation DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City X Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for ((DIP) _ Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/flcsalosures m LIST be updated tom In week.pi ar aq Page 1 of7 amt , Commssio t and Cit Court! lid. n_.m to Thea Fattens, • APPLICANT NOTIFIED OF HEARING ',Alf ��/� • NO CHANGES AS OF Da TE .///a.i/ao/7 PA-0 Robert A. Davis • REVISIONS SO aMITTE D D-VL Reed Enterprises, Inc. Agenda Item 16 Page 7 Disclosure Statement Virginia Beach Check here it the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. I^I Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name.Reed Enterprises, Inc If an LI C, list all member's names- Neal Reed, President; Manjula P. Reed, Vice President If a CORPORATION, list the the names of all officers, directors, members, trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes[ and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if progeny owner is different from Applicant. 0 Check here if the PROPERTY_ QWNER 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 Reed Enterprises, Inc. Agenda Item 16 Page 8 Disclosure Statement Yiraivia 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 SO percent of the voting power of another corporation See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. 2 'Affiliated business entity relationship means 'a relationship, other than parent-subsidiary relationship.that exists when(i) one business entity has a controlling ownership interest in the other business entity,01)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 entitles:there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the 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_orto be operated on the Mperty. 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 Reed Enterprises, Inc. Agenda Item 16 Page 9 Disclosure Statement APPLICANT Virginia Beach YESI rN01 SERVICE PROVIDER use additional sheets if needed) • Z Accounting and/or preparer of your tax return FiArchitect/Landscape Architect/ Neil Bristow I/�l Land Planner Contract Purchaser(if other t n n the Applicant)-identify purchaser and purchasers servke providers Any other pending or proposed n S purchaser of the subject property (identify purchaser(s)and purchasers service providers) Construction Contractors i ® n Engineers/Surveyors/Agents Land Design 8 Devekpment Financing(include current ❑ z mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • ® n Legal Services Sykes.Bourdon.Ahem&Levy,PD. • Real Estate Brokers / • ® Agents/Realtors for current and anticipated future sales of the sLJect property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ix an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the Interest? Page 4 of 7 Reed Enterprises, Inc. Agenda Item 16 Page 10 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is 'complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee In connection with this !Application, . --- - Reed E"lerpres ;°(� • •l Neal Reed. President ALICAN K Sing4TUPE PRINT NAME INANr Page 5 of 7 Reed Enterprises, Inc. Agenda Item 16 Page 11 Item#16 Reed Enterprises, Inc. Modification of Conditions West Side of Holland Road District 7 Princess Anne November 8,2017 CONSENT An application of Reed Enterprises, Inc.for a Modification of Conditions on property located on the west side of Holland Road, District 7, Princess Anne. GPIN: 1495-13-8628-0000. CONDITIONS 1. All conditions attached to the Conditional Use Permit for an Automobile Repair Garage approved on this site on December 8, 2015 are deleted,as no Automobile Repair Garage use shall be permitted on this site. 2. No outside storage of equipment, parts or materials shall be permitted unless located within the fenced Bulk Storage Yard. 3. The Bulk Storage Yard shall be enclosed with Category VI screening, as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach. Item#16 Reed Enterprises, Inc. Page 2 4. Any lighting for the Bulk Storage Yard shall be limited to light packs installed on the building and fence, as well as pole lighting not to exceed a maximum height of 15 feet. All lighting shall be shielded and directed downward to limit the amount of light overspill outside the property boundary. 5. A photometric plan shall be submitted at the time of final site plan review. 6. A landscape plan shall be submitted at the time of final site plan review. A motion was made by Commissioner Oliver and seconded by Commissioner Ripley to approve item 16. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN ABSENT KWASNY AVE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Item#16 Reed Enterprises, Inc. Page 3 By a vote of 10-0,the Commission approved item 16 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. 4 /fA r 0 t ic, : P1-1 / th 97 TJINN\ / / ' I - \ T. N 4 44 -- 14 P I) I ,111,41111t,11 0 ./ - 4: 6:1 I I#: waratt dow 4: 9? 'r AIM" _r /*0 g N ' '1 . ..4(c/ s N V Sill* --\RA 1° fk ' 1 4 's ' t 1 i& ig rio0 111,,.. is ,9- ,..,wv*/ 1- / : f.-.g., * ,,,,,,, , /40: ,, , k, , < .. / ,#N0 9 gif likifes -- ..�. � TrIF II 05 ..0 N°07:' 1r, AA, ' // * 0 Nip/ \ \ alit ‘.............._. i.-'''\ o lamed 0,.. ,, . 'tow No. Aiwa, / 1O\ lire COCil . . ‘0 ? I, k I? i \ 1011�' 111 . V. 1 ii 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SPENCE CROSSING PROPERTIES, LC [Applicant & Property Owner] Modification of Proffers (approved by City Council in 2007) & Conditional Change of Zoning(Conditional B-4 Mixed Use District to Conditional PD-H2 (A-12 Overlay)) at the property located on the southwest side of Princess Anne Road and S. Independence Boulevard (GPIN 1485152560), COUNCIL DISTRICT— CENTERVILLE. MEETING DATE: December 5, 2017 • Background: In 2007, City Council rezoned a 26.28-acre parcel to Conditional 13-4 to serve as the commercial component to the Spence Farm residential development. The original plan envisioned a mix of office and retail space utilizing a "main street" streetscape. Nearly 200,000 square feet of retail and office was programmed. Additionally, a six-floor hotel with 150 rooms was also proposed. Since that time, the market has changed and the applicant now desires to alter the approved concept to remove the hotel and to reduce the amount of retail and office space permitted by the 2007 rezoning. In conjunction with the request to modify the proffers, the applicant proposes to rezone 12 acres of the 26-acre parcel from Conditional B-4 Mixed Use to Conditional PD-H2 with an A-12 Overlay in order to develop the site with up to 144 residential units. The 12 acres of residential will consist of two sections of quad buildings, one with up to 88 units and one with up to 56 units. Additionally, the applicant requests to remove the proffer that requires a deed restriction that sets aside 100 dwelling units for adult residents 55 years of age or older and prohibits persons under the age of 20 from residing in such units for more than 120 days each year. The applicant states that such a deed restriction is difficult to create and monitor. The applicant's data suggests that the intent of this requirement is being far exceeded based on market demands. Spence Crossing Properties, LC Page 2 of 2 • Considerations: The submitted site layout, coupled with the previously approved design guidelines that will remain in effect, provide confidence that the site will be developed in an attractive manner. The request is consistent with the Comprehensive Plan's recommendations for the Suburban Area, which calls for the creation of great neighborhoods and enhanced open spaces. The proposed dwellings will be of similar style and scale with the existing residential development within the Spence Farm neighborhood. The proposed addition of the 144 dwelling units may likely result in less traffic generated than originally predicted with the 2007 rezoning. However, the proposed commercial uses, other than a grocery store, have not been identified and; therefore, this is not guaranteed. The site is proposed to be accessed via two points of ingress/egress along S. Independence Boulevard and a third right-ingress point along Princess Anne Road.As was stated in 2007, the Department of Public Works does not support any access point for the development onto Princess Anne Road. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De m ency: Planning Departmen, twin City Manager: K �{J - Applicant & Property Owner Spence Crossing Properties, LCN/B Agenda Items Public Hearing November 8, 2017 /� City Council Election District Centerville (� & 5 Virginia Beach Requests Modification of Profferst. 0!�'+ c,e,"` inn"hak S Conditional Rezoning (Conditional B-4 to ePm 4 "" North toe n.. ar c Conditional PD-H2(A-12 Overlay)) Pio tie g f41/4,,,,,, FeiHax Drive 41 Staff Recommendation - IV Nr Me.,, `""e 8k. _.... Dun Court Approval 4k°A. " bli "��" DK 'i '%i ,nalQ Bucha^an i �� Staff Planner 1 oa` % 160 Jimmy McNamara .0,101“' D vt pe„ Ve � � + 44, -.,F Location caw."-''' o 4`* Southwest corner of Princess Anne Road and S. "”' na o ,,,,„,,D,‘ a � .------"T; 1 -----( Independence Boulevardf x 6 arf G P I N �,/ ritanv tan. 5 1485152560 Q= ;,ee sunstream PaM1svaV ` River pock Arch tod a<��` i" To Oat lana / ` T Site Size 26.28 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers x e'e - ,"Ka -i..... .,,. c Existing Land Use and Zoning District '`I "`' Si - .1 Vacant/B-4 Mixed Use ��` '/:, ,4� � � ,+ , � ,^+ � � �. if -- c r • Surrounding Land Uses and Zoning Districts `: q'+.,,, 1 '�' - ` North •' ��,�� �, - :' Princess Anne Road , t r n . Single-family dwellings,assisted living facility/PD- � ; "a• - H1 Planned Unit Development, 0-2 Office ' v -� South �' 5,,,, Single-family dwellings/PD H2 Planned Unit 6i IL , X000 ss•4, Development �6 i AC,�'''A S. Independence Boulevard y; `` t '°c�+'pry East N‘ 1/4‘.� �. S. Independence Boulevard ,at ; Multi-family dwellings/PD-H2 Planned Unit .dry)1,1,""' I. , Development nt,��,w � '0't'tflirtt rive �r, s` r West ,--''' )/41121 ° ..V�13� o ... it l..f� •_ Single-family&quad dwellings/PD-H2 Planned Unit Development I Spence Crossing Properties, LC Agenda Items 4 & 5 Page 1 Background and Summary of Proposal • In 2007, City Council rezoned the subject 26.28-acre parcel to Conditional B-4 to serve as the commercial component to the Spence Farm development. The original plan envisioned a mix of office and retail space utilizing a "main street" streetscape. Nearly 200,000 square feet of retail and office was programmed. Additionally, a six-floor hotel with 150 rooms was also envisioned. • Since that time, the market has changed and the applicant now desires to alter the approved concept to remove the hotel and to reduce the amount of retail and office space. Also, the applicant intends to rezone 12 acres of the 26-acre parcel from Conditional B-4 Mixed Use to Conditional PD-H2 with an A-12 overlay to develop the site with up to 144 residential units in the form of 36 "quad" buildings. As such, a Conditional Rezoning and a modification to the existing proffers is necessary to permit the proposed changes to the site. • The submitted site layout depicts commercial development along the entire S. Independence Boulevard frontage and a majority of the Princess Anne Road frontage. As specific tenants have not yet been selected,the submitted plan is conceptual in nature and allows some flexibility pertaining to size and layout of the parcels and the building footprints, but will be required to adhere to the existing Design Guidelines which address architectural features and screening of loading areas. • As is required by the Zoning Ordinance, a 15-foot landscape buffer is proposed along the perimeter of the B-4 commercial portion of the property that is adjacent to the residential section of the development. This buffer will consist of an undulating berm, three to six feet in height, planted with an evergreen hedge and augmented with ornamental flowering trees. • The newly proposed 12.01 acres of residential will consist of two sections of quad buildings, one with up to 88 units and one with up to 56 units. The 88 units will be two stories and average approximately 1,750 square feet and with vinyl siding exterior. The homes will be similar to the existing Crofton section of the larger development. The 56 units will also be two stories with vinyl siding, and average approximately 1,352 square feet. This section will serve as an extension of the existing Fernhill portion of the development. • The new homeowners will be required to join the existing homeowners' association, which is responsible for the maintenance of all common areas and stormwater facilities. • The overall Spence Farm residential neighborhood currently consists of 84.4 acres and has 14.5 acres as open space (17.2%). With the addition of the subject 12 acres into the Spence Farm community, and with the additional 2.5 acres identified as open space, the overall open space for the development will be 17 acres, or 15.4%of the total acreage, meeting the minimum requirement of 15%of a PD-H property. Amenities around the existing lake include walking paths and useable open space. Additionally, a community pool is proposed in this section of the development for use by both the proposed and existing residents. • Additionally,the applicant requests to remove the proffer that requires a deed restriction that sets aside 100 dwelling units for adult residents 55 years of age or older and prohibits persons under the age of 20 from residing in such units for more than 120 days each year. The applicant states that such a deed restriction is difficult to create and monitor. The applicant's data suggests that the intent of this requirement is being far exceeded based on market demands. • The site is proposed to be accessed via two points of ingress/egress along S. Independence Boulevard and a third right-ingress point along Princess Anne Road. Spence Crossing Properties, LC Agenda Items 4 & 5 Page 2 B . Jr, 1 fPD-t .,. --.�7��,J B-2.2 ,,-- .1r. , ,r / -"'s•- , % •D ' "0., Zoning History _ \ , 03 PD"H,< # Request B-4, PD-H2 (A-12 PD H1 1 CRZ(R-5D to Conditional A 24, �� Overlay))Approved 06/26/2007 Nik � j ��f ;:-.::::0-. , 2 CUP(Bulk Storage Yard)Approved 03/25/2003 iCRZ(R-5D to Conditional B-2)Approved 06/22/1999 A-12" / ./.. . ;Li, 36• 3 CUP(Housing for Seniors and Disabled)Approved /ia` 05/27/2014 CRZ(PD-H1 to Conditional 0-2)Approved 02/08/2011 R rl 4 / n ' B-02 _. .f. r0R c'/ 5n `50;" C. • :1 R 5D Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations 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 do not appear to be any significant cultural or natural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 17,300 ADT 1(LOS°"C") Existing Land Use 2—6,903 ADT for S. Independence Boulevard 20,540 ADT 127 300 ADT 1(LOS°"E") residential&13,107 ADT for commercial(18,879 ADT total) 34,940 ADT 1(LOS 4"C") Proposed Land Use 3—7,275 ADT for Princess Anne Road 42,859 ADT 156,240 ADT 1(LOS""E") residential&9,953 ADT for commercial(17,228 ADT total) 'Average Daily Trips 2 as defined by the 2007 City 3 as defined by the existing residential 4 LOS=Level of Service Council approved South area,14.29 acres of B-4 zoned property Independence Acquisition II, &144 additional residential dwellings LLC proffered plan Spence Crossing Properties, LC Agenda Items 4 & 5 Page 3 Public Utility Impacts Water There is an existing 24-inch City water transmission main along Princess Anne Road and a 16-inch City water transmission main along S. Independence Boulevard. This development must connect to City water. Sewer There is an existing 10-inch City sanitary sewer gravity main within a 30-foot utility easement along S. Independence Boulevard and an eight-inch City sanitary sewer force main along S. Independence Boulevard. This development must connect to City sanitary sewer. A sanitary sewer main and pump station analysis for Spence Crossing Pump Station#560 is required to determine if future flows can be accommodated. School Impacts School Current Enrollment Capacity Generation 1 Change 2 Salem Elementary 463 491 15 15 Salem Middle 1,041 1,031 9 9 Salem High 1,677 1,850 9 9 1'Generation"represents the number of students that the development will add to the school. "change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). Evaluation and Recommendation The Spence Crossing development is well underway and has provided, in Staff's opinion, a mixture of high quality residential dwelling choices that include single-family dwellings, townhouses and apartments throughout the 130-acre site. The original plan called for a "main-street" style commercial development that would serve the residence of Spence Crossing; however, market challenges have caused the developer to propose a new smaller commercial footprint. Portions of the former commercial property will be developed with up to 144 residential units. The proposed changes to the commercial and residential development are, in Staff's opinion, acceptable. The submitted site layout coupled with the previously approved design guidelines that remain in effect, provide confidence that the site will be developed in an attractive logical manner that will be respectful of the proposed residential dwellings by providing a sufficient buffer and plantings. The request is consistent with the Comprehensive Plan's recommendations for the Suburban Area, which calls for the creation of great neighborhoods and enhanced open spaces. The proposed dwellings will be of similar style and scale with the existing development and will result in a residential density of 12 units to the acre for the newly rezoned property. As stated earlier, the proximity of residential dwellings to a commercial center, such as proposed, along with the proposed sidewalk network, will create a walkable mixed-use area as was originally envisioned with Spence Farm proposal. The existing community amenities coupled with the newly proposed amenities and open space will provide residents ample opportunities to recreate. The proposed addition of the 144 dwelling units and the resulting reduction in commercially zoned areas would indicate that the development would generate less traffic than originally approved in the 2007 rezoning. However,the proposed commercial uses, other than a grocery store, have not been identified and therefore this is not guaranteed. The average per acre trip generation rate for property zoned B-4 Mixed Use District assumes an average commercial land use pattern. If the developer decides to build the 40,000 square feet of outparcel uses and includes fast food drive-thru uses, this trip generation could be much higher than the average rate. In the end, the developer still cannot develop the Spence Crossing Properties, LC Agenda Items 4 & 5 Page 4 site such that the trip generation will exceed the 18,879 trips per day that was originally proffered due to significant concerns raised by the surrounding residential property owners during the 2007 rezoning process. As was stated in 2007, the Department of Public Works will not support any access point for the development onto Princess Anne Road. Princess Anne Road is listed on the City's MTP as an Access-Controlled roadway, meaning that direct driveway access will not be allowed from Princess Anne Road. In addition, the City's Comprehensive Plan includes in the development criteria for the Spence Crossing development site that no additional access be allowed to Princess Anne Road to serve the development. Staff also supports the removing of Proffer 11, which sought to ensure that 100 dwelling units were set aside as age- restricted. The applicant has provided data, and Staff agrees,that the intent of the Proffer is being fulfilled by natural market forces and agrees that the Proffer itself is nearly impossible to enforce. Also, at the time of approval, the City Zoning Ordinance required that open space be rezoned to P-1 Preservation District. However, since that time, that requirement has been removed from the ordinance. Based on this, Staff supports the removal of Proffer 12 which requires the rezoning of open space areas to P-1 Preservation District. 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. This site was included in a previously approved stormwater plan. Since the time of approval, stormwater review criteria has changed. As such, a more comprehensive review of the proposed stormwater strategy will be required at site plan review. Based on the considerations above, Staff recommends approval of both the Modification and Conditional Rezoning requests subject to the submitted proffers below. Proffers (Modification) 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: Proffer numbered 1 in the 2007 Proffers is hereby modified by deleting the words "including a Hotel" from the proffer. Proffer 2: Proffer numbered 2 in the 2007 Proffers is hereby deleted and replaced with the new following"NEW PROFFER# 19": 19. When the Commercial Village is developed on the Property it will be a community serving commercial center with a mixture of retail, service, restaurant and office uses, with pedestrian connectivity, laid out generally in keeping with the exhibit entitled "Spence Crossing at Princess Anne, Conceptual Site Plan", dated August 25, 2017, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Commercial Plan"). The final siting, dimensions and orientation of the buildings, drive aisles and parking areas may differ from that depicted in the Commercial Plan, so long as the changes are consistent with the proffered Design Guidelines and design standards. Proffer 3: Proffers numbered 11, 12, 21, and 29 as contained in the 2007 Proffers are hereby deleted. Proffer 4: Except as hereby modified or expressly deleted,the remainder of the 2007 Proffers are affirmed and remain unchanged. Spence Crossing Properties, LC Agenda Items 4 & 5 Page 5 Proffers (Conditional B-4 to Conditional PD-H2 (A-12 Overlay) 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 Property is developed, it shall be as an additional phase of the existing residential condominium community under development by the Grantor, with no more than 144 residential units, substantially in accordance with the three (3) exhibits entitled, "Spence Crossing at Princess Anne, Conceptual Site Plan , dated August 25, 2017; "Rezoning Exhibit Development Plan Modification, SPENCE CROSSING at Princess Anne," dated August 30, 2017 and "Typical Streetscape Section, Development Plan Modification SPENCE CROSSING at Princess Anne", dated August 30, 2017 which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "Conceptual Plan(s) For Spence Crossing Phase II"). Proffer 2: When the Property is developed, vehicular Ingress and Egress to the Property shall be limited to the access depicted on the Concept Plan for Spence Crossing Phase II. Proffer 3: The existing Residential Village within Spence Crossing at Princess Anne is subject to a declaration of protective covenants, conditions and restrictions (the "Restrictions") which are administered by the Spence Crossing Homeowners Association, Inc., a mandatory membership association, which is responsible for maintaining all common areas including but not limited to, clubhouses, pools, open space areas, landscape buffers and stormwater management facilities. An amendment to the Declaration shall be recorded to subject the Property to the declaration. In addition, the Property will be added to and developed as a part of the Spence Crossing Condominium which shall be responsible for maintaining all of the common areas and amenities depicted on the Concept Plan for Spence Crossing Phase II. Proffer 4: When the property is developed, the total number of residential units thereon shall not exceed 144 and the total number or residential units within the entire PD-H2 (A-12) Zoning District (Residential Village) within the Spence Crossing community shall not exceed 787. Proffer 5: When the property is developed, the architectural design of the new residential dwellings depicted on the "Concept Plan For Spence Crossing Phase II" will be substantially as depicted on the exhibits entitled "Architectural Elevation, Luxury Villas" and "Architectural Elevations, Villas", dated August 25, 2017, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). The exterior building materials shall match those on the buildings in the existing villages of the Spence Crossing Condominium designated "Crofton Luxury Villas" and "Fernhill Villas". Spence Crossing Properties, LC Agenda Items 4 & 5 Page 6 Proffer 6: The dimensional requirements applicable to development of the Property, which are consistent with the existing development of the adjacent property shall be as follows: • Minimum front yard setback from Property Line: 10 feet • Minimum side yard setback from Property Line: 10 feet • Minimum rear yard setback from Property Line: 10 feet • Minimum Building setback from Princess Anne Road: 30 feet • Minimum Front Building setback from Street or Parking (back of curb): 12 feet to principal structure • Minimum Side Building setback from Street and Parking (back of curb): 10 feet • Minimum distance between buildings o Principal structures: 15 feet o Attached storage sheds: 10 feet • Maximum Building Height: 38 feet Proffer 7: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: The submitted Proffers are acceptable and help ensure new development that is similar to that of the existing Spence Crossing development. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Spence Crossing Properties, LC Agenda Items 4 & 5 Page 7 Proposed Rezoning Exhibit N/F SPENCE CROSSING /I AT \' 1 PRINCESS -- ANNE N 48'41'07" W 412.93' GPIN '475- 95---418 1 O. S, I I ��F = ---� I I • Existing Residential {6•44��. oc ct W W Z New Residential Area W PD-H2 (A-12 Overla . / ) N. , , ,'Z Z oArea to Remain Commercial N 70'27'24" E B-4 Mixed Use 133.61' N 73'15'33" E 184.95' S 53'05'02" E 300.00' S 50'47'22" E S 53'05'02" E 124.25' a 321.83' p ® PRINCESS ANNE ROAD .....;l Spence Crossing Properties, LC Agenda Items 4 & 5 Page 8 Proposed Site Layout Site Data 'L+"`:�. Legend 9 Property Area:26.3 acres ,T._ n., (J Prime.Anne Rood and t.Proposed Community "!i i South Independence Boukvord opts 88 Luxury Villas t. i id S'to 7 S'udulaung berms _ vegm ging augmented nrrh tlo vexing '56VIWs �]'� •ornamentals r rem find any sidewalks td i d ground coven Comm(vc al/Retail '' •city sidew•aks which interconnect vnth `' / the overall Spence Crossing community '4%4.84. ) , i r•r 0 Mamm Alain Spence Crossing CouniryFmrance - median derided entrance complemented by I ` ' ornamental flowering trees and low hedgerow •primary commercial signage - 0 Residential Buffer Areas ' c r _ •A'to&undulating berms •S'evergreen hedgng rugmmted vwbh flowering •* bnamenta s and ground covers ° ' I -,A � (, Spence Crossing Community Trod Network fA . ^� '7f r._. .r _=firj y�/ •A master planned trail and vdewakplan which 7 �` r • c_.roit r connects all five residential villages amenryantis. L .7.4� parks and community lakes whle providing seamless� ��.. .. � is rA r Ea and commercial ran access between the residential portions of Spence Croxng. • • 1 1 1 . r • a•r Cornmunlry Pool • 'j—.� coral pool area overlooking large community lake s 4 ab' " 1.. ' Central Comm.-toy Loire with aerated fountains + �_ 'lei` '�'�r ';:'') '. t --I . r' 4 t '7- ....'.:-'(61,i'-..--; - 1 r, �� - C F ` rmar �� • Spence Crossing Properties, LC Agenda Items 4 & 5 Page 9 Proposed Open Space .k, . i eXi?y .• 4 44 i I 1 :i ' , f Open Space 6 1 f . 4, �- '1 it . j '• 71.11 '� .e t cr.... *..7 H1 it. S a '6 :I i..�.._., .__ 1 �'•. 7 $, I. : 4 Open Space . .k. a t 0.;..r, 9 00090 O0 0oQ 0 ', Spence Crossing Properties, LC Agenda Items 4 & 5 Page 10 Proposed Landscape Buffer and Streetscape • r vagl�� i .- M'<�L�l,1Dl • ' ..:.1-i .1. 534 AgA\ { ' �,� �. s !,�^—.'!`rte `/ (Q1AJ L fey 1 .; ,.Y •-.) 1 ' t. 1 \ () — 4 t\ li31% 1 ! t 1 F' C ii ' ' 4,fa' iii .v. 441, J.4 1 .- . - • 4 '1,' . ..., - . 4 ---- - I . V ,;- . -- .1-G4. �,.. -.APs - -ileo_ go twf7t4.- Spence Crossing Properties, LC Agenda Items 4 & 5 Page 11 I Proposed Elevations LY -!"—i- f._ !� •.,... 11.; � r ": ~moi U. IMI ' Y 4 IN it. l I r',,, ., i Jam. �rs.^S Atik Luxury Villas(88 units) r• -.•••• • 40 ;5 i• * \ _ .1T.wl yrs s a ....„..:--__- ,,,. i _ - \tom 4.. ,_ .Ic 1�'�' Iii-! ,= :.. ll n rte, _ _ _ , •r lre- -;:....'-, . . ,r` , t :K , kt.,, '''.:•-•-•••;•410,11-kt el Villas(56 units) Spence Crossing Properties, LC Agenda Items 4 & 5 Page 12 Site Photo Spence Crossing Properties, LC Agenda Items 4 & 5 Page 13 Disclosure Statement APPLICANT'S NAME Spence Crossing Properties, LC 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 hoard, 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 Appropriateness - _reement.-_ i '[ Street Closure Franchise A (Historic Review Board) , ..___. g j{ `- Chesapeake Bay ' Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(Lweok pno„o any Page 1 of Plannin Commission and at Council meetin that ertaios to the a licauon(s)_ o APPLICANT NOTIFIED OF NEARING NATt IlErd NO CHANGES AS OF rare I I If zIf 17 L4' ' Jimmy McNamara 0 _ REVISIONS SUBMITTED DATE Spence Crossing Properties, LC Agenda Items 4&5 Page 14 Disclosure Statement w Virginia Beach n Check here If the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Spence Crossing Properties LC If an LLC, list all member's names: Spence Crossing Residential, Inc.,sole member: Helen E. Dragas, Pres/CEO; Sarah Horvath,VP; Brian Kokoska,VP; Robert C. Makin, CFO/Treasurer;** If a CORPORATION, list the the names of all officers, directors, members, trustees, etc.below: (Attach list if necessary) "Joyce B.Witt, Secretary I Shareholders: Helen E. Dragas;Anita D.Weaver; Mary D. Shearin;Jennifer D. Steadfast (B) List the businesses that have a parent-subsidiary or affiliated business entity relationship with the Applicant: (Attach list if necessary) See Attached See next page for information pertaining to footnotest and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner Is different from Applicant. Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business,or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, ANDTHEN, complete the following. (A) List the Property Owner's name:_____ If an LLC, list the member's names: Page 2 of 7 Spence Crossing Properties, LC Agenda Items 4&5 Page 15 Disclosure Statement Virginia Beach if a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) tarent-subsidlary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act,Va. Code 4 22-3101. 3 'Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when (0 one business entity has a controlling ownership interest In the other business entity, (II)a controlling owner in one entity is also a controlling owner In the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles:there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va.Code§ 22.3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business 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 Spence Crossing Properties, LC Agenda Items 4&5 Page 16 Disclosure Statement APPLICANT Virginia React YES I NO ] SERVICE PROVIDER(use additional sheets If !. needed) ® Accounting and/or preparer of 1 I Dragas Management Corporation ' your tax return © Architect/Landscape Architect/ Thomas Steele Land Planner Contract Purchaser(if other than ❑ '. the Aupllcant)-Identify purchaser and purchaser's service providers _ Any other pending or proposed ❑ F7 purchaser of the subject property /L1 (identify purchaser(s)and purchaser's service providers) Construction Contractors rDragas Management Corporation nEngineers/Surveyors/Agents The Pinnacle Group Engineering Financing (Include current ❑ Amortgage holders and lenders lI ' selected or being considered to provide financing for acquisition or construction of the property) ZD Legal Services Sykes,Bourdon,Ahem 8 Lew PC • Real Estate Brokers/ Drops Really Inc. Z1-1 Agents/Realtors for current and anticipated future sales of the 'I subject property J *Kaufman&Candes,P.C. SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have D an interest in the subject land or any proposed development I' contingent on the subject public action? If yes, what is the name of the official or employee and what Is the nature of the interest? Page 4 of 7 Spence Crossing Properties, LC Agenda Items 4&5 Page 17 Disclosure Statement M3 Virchan Beach CERTIFICATION: I certify that all of the Information contained In this Disclosure Statement Form Is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VBDA I meeting, or meeting of any public body or committee in connection with this 'Application. __. .. - Spence ing Proper' LC By: .YL4n.E<�RAoAS 8/3 9 AFR CANT'S SIGNATURE JPRINT NAME ' DAT 'frL eujJe. DeaTM yK simmas, , yrll �__. . Page 5 of 7 Spence Crossing Properties, LC Agenda Items 4 &5 Page 18 Items#4& 5 Spence Crossing Properties, L.C. Conditional Rezoning Modification of Proffers Southwest side of Princess Anne Road District 1 Centerville November 8, 2017 CONSENT An application of Spence Crossing Properties, L.C. for a Conditional Rezoning (Conditional B-4 Mixed Use to Conditional PD-I-12 (A-12 Overlay)and a Modification of Proffers on property located on the Southwest side of Princess Anne Road, District 1,Centerville. GPIN: 1485-15-2560-0000. PROFFERS PROFFER 1: Proffer numbered 1 in the 2007 Proffers is hereby modified by deleting the words"including a Hotel" from the proffer. PROFFER 2: Proffer numbered 2 in the 2007 Proffers is hereby deleted and replaced with the new following "NEW PROFFER#19": 19.When the Commercial Village is developed on the Property it will be a community serving commercial center with a mixture of retail, service, restaurant and office uses,with pedestrian connectivity, laid out generally in keeping with the exhibit entitled "Spence Crossing at Princess Anne, Conceptual Site Plan",dated August 25, 2017,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(the "Commercial Plan"). The final siting, dimensions and orientation of the buildings, drive aisles and parking areas may differ from that depicted in the Commercial Plan, so long as the changes are consistent with the proffered Design Guidelines and design standards. PROFFER 3: Proffers numbered 11, 12, 21,and 29 as contained in the 2007 Proffers are hereby deleted. PROFFER 4: Except as hereby modified or expressly deleted,the remainder of the 2007 Proffers are affirmed and remain unchanged. Proffers(Conditional B-4 to Conditional PD-H2(A-12 Overlay) PROFFER 1: When the Property is developed, it shall be as an additional phase of the existing residential condominium community under development by the Grantor,with no more than 144 residential units, substantially in accordance with the three (3)exhibits entitled,"Spence Crossing at Princess Anne, Conceptual Site Plan",dated August 25, 2017; "Rezoning Exhibit Development Plan Modification, SPENCE CROSSING at Princess Anne," dated August 30, 2017 and "Typical Streetscape Section, Development Plan Modification SPENCE CROSSING at Princess Anne", dated August 30, 2017 which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "Conceptual Plan(s) For Spence Crossing Phase II"). Item#4&5 Spence Crossing Properties, L.C. Page 2 PROFFER 2: When the Property is developed,vehicular Ingress and Egress to the Property shall be limited to the access depicted on the Concept Plan for Spence Crossing Phase II. PROFFER 3: The existing Residential Village within Spence Crossing at Princess Anne is subject to a declaration of protective covenants,conditions and restrictions(the"Restrictions")which are administered by the Spence Crossing Homeowners Association, Inc.,a mandatory membership association,which is responsible for maintaining all common areas including but not limited to,clubhouses, pools,open space areas, landscape buffers and stormwater management facilities. An amendment to the Declaration shall be recorded to subject the Property to the declaration. In addition,the Property will be added to and developed as a part of the Spence Crossing Condominium which shall be responsible for maintaining all of the common areas and amenities depicted on the Concept Plan for Spence Crossing Phase II. PROFFER 4: When the property is developed,the total number of residential units thereon shall not exceed 144 and the total number or residential units within the entire PD-H2 (A-12)Zoning District(Residential Village) within the Spence Crossing community shall not exceed 787. PROFFER 5: When the property is developed,the architectural design of the new residential dwellings depicted on the "Concept Plan For Spence Crossing Phase II" will be substantially as depicted on the exhibits entitled "Architectural Elevation, Luxury Villas" and "Architectural Elevations,Villas", dated August 25, 2017, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning("Elevations"). The exterior building materials shall match those on the buildings in the existing villages of the Spence Crossing Condominium designated "Crofton Luxury Villas" and "Fernhill Villas". PROFFER 6: The dimensional requirements applicable to development of the Property,which are consistent with the existing development of the adjacent property shall be as follows: • Minimum front yard setback from Property Line: 10 feet • Minimum side yard setback from Property Line: 10 feet • Minimum rear yard setback from Property Line: 10 feet • Minimum Building setback from Princess Anne Road:30 feet • Minimum Front Building setback from Street or Parking(back of curb): 12 feet to principal structure • Minimum Side Building setback from Street and Parking(back of curb): 10 feet • Minimum distance between buildings • Principal structures: 15 feet • Attached storage sheds: 10 feet • Maximum Building Height: 38 feet PROFFER 7: 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. Item#4&5 Spence Crossing Properties, L.C. Page 3 A motion was made by Commissioner Oliver and seconded by Commissioner Ripley to approve item 4& 5. AYE 30 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN ABSENT KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 4 &5 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. SQ-GOIA 8 Icy 4; "44;faillto, '��•t ".a CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE oa, In Reply Refer To Our File No. DF-9947 DATE: November 20, 2017 TO: Mark D. Stiles � - DEPT: City Attorney FROM: B. Kay Wilsonti\"— DEPT: City Attorney RE: Conditional Zoning Application; Spence Crossing Properties, LC The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 5, 2017. I have reviewed the subject proffer agreement, dated August 30, 2017 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS SPENCE CROSSING PROPERTIES, LC,a Virginia limited liability company TO(PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 300 day of August, 2017, by and between SPENCE CROSSING PROPERTIES, LC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia,Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain portion of a parcel of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 14.29 acres which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference(hereinafter the"Property"); and WHEREAS,the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach,by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property;and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated May 31, 2007 as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20070628000874380 (hereinafter "2007 Proffers"), to reflect amendments applicable to the land use plan on the Property; and WHEREAS, it is the intent of the Grantor that the proffered covenants,restrictions and conditions contained herein shall modify those Proffers numbered "1" and "19" and delete those Proffers numbered it, 12,21 and 29; and GPIN: 1485-15-2560-0000(Part of) Prepared by: IL Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses,certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's proposed modification of conditions to the zoning gives rise; and WHEREAS,the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees,and other successors in title or interest,voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pm quo for zoning, rezoning, site plan,building permit, or subdivision approval,hereby makes the following two (2) amendments to the Covenants, Conditions and Restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. Proffered numbered r in the 2007 Proffers is hereby modified by deleting the words"including a Hotel"from the proffer. 2. Proffer numbered 19 in the 2007 Proffers is hereby deleted and replaced with the following"NEW PROFFER#19": 19. When the Commercial Village is developed on the Property it will be a community serving commercial center with a mixture of retail,service,restaurant and office uses, with pedestrian connectivity, laid out generally in keeping with the exhibited entitled,"Spence Crossing at Princess Anne,Conceptual Site Plan", dated August 25, 2017, which has been exhibited to the Virginia Beach City 2 Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Commercial Plan"). The final siting, dimensions and orientation of the buildings, drive aisles and parking areas may differ from that depicted in the Commercial Plan, so long as the changes are consistent with the proffered Design Guidelines and design standards. 3. Proffers numbered n, 12,21 and 29 as contained in the 2007 Proffers are hereby deleted. 4. Except as hereby modified or expressly deleted, the remainder of the 2007 Proffers are affirmed and remain unchanged. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions,however, may be repealed,amended,or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent,and if not so recorded,said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement,damages, or other appropriate action,suit,or proceeding; 3 (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator,made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: Spence Crossing Properties, LC, a Virginia limited liability company By: Spence Crossing Residential, Inc., a Virginia corporation,� // its sole member By 5772( te, ? — (SEAL) Title: M,SWC .. STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 30th day of August, 2017, by Helen E. Dragas President of Spence Crossing Residential, Inc., a Virginia corporation, sole member of Spence Crossing Properties, LC, a Virginia limited liability company,Grantor. K. L2n to ary Public My Commission Expires: 12/31/2017 Notary Registration Number: 181260 011 )OkaViiA 1' /moi rvir ,V X81' ,4•Sv /////"CA' :.`‘\\\\ 5 MODIFICATION OF PROFFERS EXHIBIT "A" LEGAL DESCRIPTION PART OF GPIN: 1485-15-256o-000o ALL THAT certain piece or parcel of land in the Centerville District of the City of Virginia Beach, Virginia, being a 14.29 acre portion of "PARCEL B-1-B" as depicted and described on the "SUBDIVISION PLAT OF SPENCE CROSSING" dated November 11, 2013, as recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20140812000748710,which piece is more particularly described as follows: Beginning at a point along the western right of way line of South Independence Boulevard at the southeastern corner of PARCEL B-1-B and from that point following the right of way line of South Independence Boulevard North 41° 19' 04" East, 27.95 feet to a point; thence along said right of way line in a northeasterly direction along the arc of a curve with a radius of 5674.48 feet an arc length of 442.38 feet to a point; thence continuing along said right of way line along the arc of a curve with a radius of 4149.91 feet an arc length of 515.46 feet to a point; thence continuing along said right of way line North 36° 50' 59" East, 236.52 feet to a pin; thence continuing along the right of way line to its intersection and transition to the western right of way line of Princess Anne Road along the arc of a curve to the left with a radius of 51.00 feet an arc length of 80.o8 feet to a pin;thence continuing along the western right of way line of Princess Anne Road North 53°05'02"West, 300 feet to a pin; thence continuing along said right of way line along the arc of a curve with a radius of 947.00 feet an arc length of 108.45 feet to a pin; thence continuing along said right of way line along the arc of a curve with a radius of 929.0o feet an arc length of 93.52 feet to a pin; thence continuing along said right of way line along the arc of a curve with a radius of 3879.72 feet an arc length of 124.26 feet to a pin;thence continuing along said right of way line along the arc of a curve with a radius of 3759.72 feet an arc length of 210.76 feet to a pin; thence turning and running South 36°54' 58"West, 108.61 feet to a point; thence in a southwesterly direction along a curve to the right with a radius of 390.0o feet an arc length of 92.68 feet to a point; thence South 39° 31' 03" East, 68.97 feet to a point; thence in a southeasterly direction along a curve to the left with a radius of 365.00 feet an arc length of 191.87 feet to a point; thence South 69° 32' 25" East, 34.28 feet to a point; thence in a southeasterly direction along a curve to the right with a radius of 500.00 feet an arc length of 126.46 feet to a point;thence South 53° 05'02" East, 95.66 feet to a point; thence in a southerly direction along a curve to the right with a radius of 90.00 feet an arc length of 139.17 feet to a point; thence South 35°3o' 55"West, 111.89 feet to a point; thence in a southwesterly direction along a curve to the right with a radius of 90.00 feet an arc length of 29.95 feet to a point; thence South 54° 35' 05" West, 368.85 feet to a point; thence South 61° 22' 45" West, 51.36 feet to a point; thence South 53015'16"West, 167.64 feet to a point;thence South o°57'48"West, 173.60 feet to a point; thence South 48°41'07" East, 412.93 feet to the Point of Beginning. H:AAM\Mod of Proffers ASpence Crossing Properties A1st Amendment to Proffers.docx 6 Q . _AL ` , ,s CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-9948 DATE: November 20, 2017 TO: Mark D. Stiles _ \""��) DEPT: City Attorney FROM: B. Kay Wilsofi� DEPT: City Attorney RE: Conditional Zoning Application; Spence Crossing Properties, LC The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 5, 2017. I have reviewed the subject proffer agreement, dated August 30, 2017 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom SPENCE CROSSING PROPERTIES,LC,a Virginia limited liability company TO(PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this Both day of August, 2017, by and between SPENCE CROSSING PROPERTIES, LC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia,Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain portion of a parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 12.1 acres which is more particularly described in Exhibit"A"attached hereto and incorporated herein by this reference(hereinafter the"Property"); and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Vagina, by petition addressed to the Grantee so as to change the Zoning Classification of the "Property" from Conditional B-4 Commercial District to Conditional PDH-2 Planned Unit Development District with an underlying A-12 Zoning District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation;and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and GPIN: 1485-15-256o-0000 (Part of) Prepared By: It Edward Bourdon,Jr.,Esquire VSB x22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 25462 WHEREAS,the Grantor has voluntarily proffered, in writing,in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the PDH-2 (A-12) Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, it shall be as an additional phase of the existing residential condominium community under development by the Grantor, with no more than 144 residential units, substantially in accordance with the three (3) exhibits entitled, `Spence Crossing at Princess Anne, Conceptual Site Plan", dated August 25, 2017; 'Rezoning Exhibit Development Plan Modification, SPENCE CROSSING at Princess Anne," dated August 30, 2017 and`Typical Streetscape Section,Development Plan Modification SPENCE CROSSING at Princess Anne", dated August 30, 2017 which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "Conceptual Plan(s)For Spence Crossing Phase II"). 2. When the Property is developed, vehicular Ingress and Egress to the Property shall be limited to the access depicted on the Concept Plan For Spence Crossing Phase II. 3. The existing Residential Village within Spence Crossing at Princess Anne is subject to a declaration of protective covenants, conditions and restrictions(the"Restrictions") which are administered by the Spence Crossing Homeowners Association, Inc., a mandatory membership association, which is responsible for maintaining all common areas including but not limited to, clubhouses, pools, open space areas, landscape buffers and stormwater management facilities. An amendment to the Declaration shall be recorded to subject the 2 Property to the declaration. In addition,the Property will be added to and developed as a part of the Spence Crossing Condominium which shall be responsible for maintaining all of the common areas and amenities depicted on the Concept Plan for Spence Crossing Phase II. 4. When the Property is developed, the total number of residential units thereon shall not exceed 144 and the total number of residential units within the entire PDH-2 (A-12) Zoning District (Residential Village) within the Spence Crossing community shall not exceed 787. 5. When the Property is developed, the architectural design of the new residential dwellings depicted on the"Concept Plan For Spence Crossing Phase II"will be substantially as depicted on the exhibits entitled "Architectural Elevation, Luxury Villas" and "Architectural Elevation,Villas",dated August 25, 2017, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). The exterior building materials shall match those on the buildings in the existing villages of the Spence Crossing Condominium designated"Crofton Luxury Villas"and"Fern Hill Villas". 6. The dimensional requirements applicable to development of the Property, which are consistent with the existing development of the adjacent property shall be as follows: • Minimum front yard setback from Property Line 10 feet • Minimum side yard setback from Property Line to feet • Minimum rear yard setback from Property Line io feet • Minimum Building setback from Princess Anne 3o feet Road • Minimum Front Building Setback from Street or 12 feet to Parking(back of curb) principal structure • Minimum Side Building setback from Street and io feet Parking(back of curb) • Minimum distance between buildings (a) Principal structures 15 feet (b)Attached storage sheds 10 feet • Maximum Building Height 38 feet 7. 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. 3 The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions,however, may be repealed, amended,or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950,as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded,said instrument shall be void. The Grantor covenants and agrees that: (i) The Zoning Administrator of the City of Virginia Beach,Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction,abatement, damages, or other appropriate action,suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court;and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department,and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: Spence Crossing Properties, LC, a Virginia limited liability company By: Spence Crossing Residential, Inc., a Virginia corporation, its sole member By S tsCQ , 90-38-a—• (SEAL) Title: f?osr _Ai- STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 30th day of August, 2017, by Helen E. Dragas President of Spence Crossing Residential, Inc., a Virginia corporation, sole member of Spence Crossing Properties, LC,a Virginia limited liability company,Grantor. tary Public My Commission Expires: 12/31/2017 Notary Registration Number: 181260 �Z A 410•. O " C :� /, EA LT N OF \\' It' �•in IItitle 5 CONDITIONAL REZONING EXHIBIT "A" LEGAL DESCRIPTION PART OF GPIN: 1485-15-2560-000o ALL THAT certain piece or parcel of land in the Centerville District of the City of Virginia Beach, Virginia, being a 12.01 acre portion of "PARCEL B-1-B" as depicted and described on the "SUBDIVISION PLAT OF SPENCE CROSSING" dated November it, 2013, as recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20140812000748710,which piece is more particularly described as follows: Beginning at a point along the western right of way line of Princess Anne Road at the northeastern corner of PARCEL B-1-B and from that point South 530 05' 02" East along the western right of way line of Princess Anne Road 321.83 feet to a point; thence South 36°54'58" West, 1o8.61 feet to a point; thence in a southwesterly direction along a curve to the right with a radius of 390.00 feet an arc length of 92.68 feet to a point; thence South 39° 31' 03" East, 68.97 feet to a point; thence in a southeasterly direction along a curve to the left with a radius of 365.00 feet an arc length of 191.87 feet to a point; thence South 69°32' 25" East, 34.28 feet to a point; thence in a southeasterly direction along a curve to the right with a radius of 90.00 feet an arc length of 126.46 feet to a point; thence South 53° 05' 02" East,95.66 feet to a point; thence in a southerly direction along a curve to the right with a radius of 90.00 feet an arc length of 139.17 feet to a point; thence South 35° 3o' 55" West, 111.89 feet to a point; thence in a southwesterly direction along a curve to the right with a radius of 90.00 feet an arc length of 29.95 feet to a point; thence South 54°35' 05"West, 368.85 feet to a point; thence South 61° 22' 45"West, 51.36 feet to a point; thence along a shared boundary line between Parcel B-1-B and Parcel B-1-D North 36° 44' 44"West, 628.66 feet to a point; thence continuing along the shared boundary line North 53° 15' 16" East, 176.35 feet to a point; thence continuing along the shared boundary' line North 17° 28' 24" East, 131.61 feet to a point; thence North 75° 15' 33" East, 184.95 feet to a point at the Point of Beginning. 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CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BAKER VILLAS, LLC & OCEAN RENTAL PROPERTIES, LLC [Applicant] BAKER VILLAS, LLC; OCEAN RENTAL PROPERTIES, LLC; JAMES EDWARD SOLLNER & LINDA SUSAN SOLLNER [Property Owners] Conditional Change of Zoning (R-7.5 Residential to Conditional A-18 Apartment) at the properties located at 504 Baker Road & 5501, 5505, 5513 Connie Lane, (GPINS 1468408255, 1468407007, & portions of 1468500209, 1468409386, 1468409432, 1468407370, 1468407461), COUNCIL DISTRICT — KEMPSVILLE MEETING DATE: December 5, 2017 • Background: The 4.18-acre project consists of seven parcels, all currently zoned R-7.5 Residential District. The applicant is requesting to rezone 3.63 acres to Conditional A-18 Apartment District in order to develop the site with up to 47 townhouse dwelling units at a density of 12.9 units per acre. The remaining 0.55 acres adjacent to Connie Lane will remain zoned R-7.5 Residential District. The 2,000 square-foot units are proposed as two and a half stories tall, with a vinyl exterior. Each of the units will contain either a one or two-car garage with craftsman-style doors and trim. A deviation to the required Category IV buffer is requested along the eastern side and western property lines. An existing wooded, City-owned parcel exists to the west that is maintained by the Department of Parks and Recreation in anticipation of becoming a future park. • Considerations: Within the last 10 years, multiple rezonings to A-12, A-24, and A-36 have occurred in the vicinity. The proposed density of 12.9 units per acre is consistent with that of other development projects in the surrounding area. While the initial proposal depicted townhomes on the entire 4.18-acres, revisions to the layout now ensure that the integrity of the single-family dwelling neighborhood along Connie Lane to the north is maintained. Rather than developing the entire site with townhouses, two new single-family dwellings with frontage along Connie Lane will be constructed by the applicant; however, a rezoning of that property is not required. Since the Planning Commission's hearing, the applicant has supplied an additional rear elevation of the proposed units and a revised proffer to reflect the additional elevation. 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. Baker Villas, LLC & Ocean Rental Properties, LLC Page 2 of 2 • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 10-0. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departm ency: Planning Department .} ,tr!;/.ynV-li oLehfe City Manager: Applicants Baker Villas, LLC & Ocean Rental Properties, LLC Agenda Item Property Owners Baker Villas, LLC; Ocean Rental Properties, LLC; James Edward Sollner; & Linda Susan Sollner D3 Public Hearing November 8, 2017 Virginia Beach City Council Election District Kempsville Request 4'.`'dor"jj Conditional Rezoning (R-7.5 Residential to .6 `� — ' .*"'`"� j•y i (t Newtown Road Conditional A-18 Apartment) rf ��, Wo, p�,„ � �� • - `1' f Staff Recommendation �� A,,' a,« per �yb,,, Approval :. �,�°` �� ° o C0,4's�4,4 , \ a Staff Planner `••.., .` ) Z.s.74.*N Jimmy McNamara ; \ ,,. .:4, Location • 4. `°n+ 44...../ 504 Baker Road & 5501, 5505, 5513 Connie - o-t °'N w�c Lane k r G P I N s ( i 4� ,w .;) "''�'R ° 1 fs.�T.<...« 1468408255, 1468407007, & portions of 1468500209, 1468409386, 1468409432, 1468407370, 1468407461 Site Size 3.63 acres AICUZ �s Less than 65 dB DNL 444k r r 47!,; 4 ^ �,,�Igriir % '.4 Watershed . : . . t . Chesapeake Bay v 4ik 44 d Existing Land Use and Zoning District G'� ~ . Wooded,vacant property/R-7.5 Residential k, c°�r' , P"�t°"; ' "k'`; /fir ,v, A Surrounding Land Uses and Zoning Districts '', t ti North s,,,,, �; 41,4 Single-family dwellings/R-7.5 Residential "'�a, �� �'',r,, K *` Connie Lane r��� • 'f/ , y ! v •`rl'nrive. South _ "� : V_ Bakcr Baker Road 5,,,, `, _ . Multi-family&townhouse dwellings/A-12 &A- . rr�c,, . - NF. ,- <. 18Apartment , - . ''.'''.141. °� 4 ".-.7''4 . '4•C41414J '. East Single-family dwelling &townhouse dwellings/ R-7.5 Residential &A-18 Apartment West Wooded, City-owned open space/R-7.5 Residential Baker Villas, LLC&Ocean Rental Properties, LLC Agenda Item D3 Page 1 Background and Summary of Proposal • The 4.18-acre project consists of seven parcels,all currently zoned R-7.5 Residential District. The applicant is requesting a rezoning of 3.63 acres of these parcels to Conditional A-18 Apartment District to develop the site with 47 townhouse dwelling units (density of 12.9 units per acre). The remaining 0.55 acres adjacent to Connie Lane will remain zoned R-7.5 Residential. The existing single-family dwelling will remain on one of the parcels, and two new single-family dwellings are proposed, each on a newly created lot (see page 7 of the report). • The new townhome community will be developed under a condominium form of ownership.The Condominium Unit Owners' Association will be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the property. • The townhouse portion of the development is proposed to be accessed by a single point of ingress/egress along Baker Road. A secondary gated emergency access is proposed via an easement across the single-family dwelling lots, as depicted on the concept plan on page 8 of this report. The applicant intends on using grass pavers within this area. No structures or fencing will be allowed within the easement to ensure accessibility. • As required by the Zoning Ordinance, each of the townhomes will be have two parking spaces on a driveway. Multiple visitor spaces are depicted on the plan throughout the site for a total of 117 onsite parking spaces for the 47 townhouse units. • Community amenities, such as pergolas and benches, are proposed along the western property line. A berm with plant material is proposed along Baker Road. A freestanding brick monument sign is depicted on the plan at the entry into the development at Baker Road. • As the site is adjacent to residentially zoned property,a 10-foot wide yard with Category IV buffer is required along these three property lines; however,the concept plan depicts an eight-foot wide buffer along both the eastern property line and a portion of the western property line. A deviation is requested as portions of the eastern side of the property either border parcels zoned A-12 Apartment District, where no landscape buffer is required, or a wooded backyard of a R-7.5-zoned parcel. The western portion of the property, also where a deviation is requested, is adjacent to a City-owned parcel that is maintained by the Department of Parks and Recreation in anticipation of becoming a future park. The required 10-foot buffer is depicted along the property's northern boundary line and along a portion of the western boundary line. • No onsite stormwater detention area is depicted on the submitted concept plan. Staff has informed the applicant that after a preliminary analysis, it appears that some type of onsite storage will more than likely be required to address the required stormwater regulations, as the site is completely wooded and the proposed impervious coverage will be approximately 41%. • Each of the townhouses is proposed with a backyard that will be enclosed by a six-foot solid wood fence. • The dwellings will be two and a half stories and will be constructed with vinyl as the exterior building material. The units will be 2,000 square feet in size. Each of the units will contain either a one or two-car garage with craftsman-style doors and trim. The front of the units are also depicted with columned porches with standing seam metal roofing. Multiple gabled projections and dormers assist provide relief along the roofline. Baker Villas, LLC&Ocean Rental Properties, LLC Agenda Item D3 Page 2 e O` Zoning History 4c4,c s 4/ # Request �� /R-7. 1 CRZ(Conditional A-12 to Conditional A-24)Approved . tR /1,1/ - ., /i/ - 10/09/2012 3CRZ(I-1&R-7.5 to Conditional A-12)Approved /I. e 21 05/22/2007 z STC Approved 05/22/2007 sw„ _ 2 REZ(R-6 to A-12)Approved 06/25/1985 +''os yi . - 'A 3 REZ(R-6 to B-2) Denied 07/08/1974 18 , 4 CRZ(I-1 to Conditional A-36)Approved 08/28/2007 5 `� - 41111, 1-HI:; --7-7771777111 -1 CRZ(Conditional A-36 to Conditional A-24)Approved 02/12/2013 A, i.= ,t "CrleICIUISrCourt 5 REZ(B-2 to A-2)Approved 06/27/1983 A.1? _ E/�E___,..-:,-/W--:#.%i- ^A-----A'l Il1lifllil+j!i!i li 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. The site is currently entirely wooded and undeveloped. There is a ditch system that transports stormwater running east to west through the middle of the site. Other than the timber associated with the trees,there do not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Baker Road 4,448 ADT' 6,200 ADT'(LOS°"C") Existing Land Use 2=127 ADT 11,100 ADT 1(LOS°"E") Proposed Land Use 273 ADT 'Average Daily Trips 2 as defined by 3.63 acres of 3as defined by 47 townhouse dwellings 4 LOS=Level of Service property zoned R-7.5 Baker Villas, LLC&Ocean Rental Properties, LLC Agenda Item D3 Page 3 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Baker Road in the vicinity of this application is considered a two-lane undivided collector street. The MTP proposes a two-lane facility within a 70-foot right-of-way. The Baker Road Extended (CIP 2-071) project provided for a two-lane collector street within a 70-foot right-of-way from Bulls Bay Drive to just west of Holly Farms Drive and a signalized intersection at Witchduck Road. Public Utility Impacts Water This site must connect to City water. There are existing eight-inch City water mains within Connie Lane and Baker Road. The main under Baker Road is approximately 80 feet to the east of the site and may be extended to serve the proposed development. Sewer This site must connect to City sanitary sewer. There is an existing 10-inch City gravity sanitary sewer main within Connie Lane. It is the Department of Public Utilities' desire that each unit be served by a single and exclusive water service line and meter, and a single and exclusive sanitary sewer lateral and cleanout. These service lines would be connected to City mains within an appropriately sized public utility easement along the private roadway. School Impacts School Current Enrollment Capacity Generation 1 Change 2 Tri-Campus Elementary 1,565 1,626 6 3 Bayside Middle 1,007 1,264 3 1 Bayside High 1,799 1,827 3 0 2"Generation"represents the number of students that the development will add to the school. "change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). Evaluation and Recommendation The proposed development of this site with 47 townhouse-style dwellings at a density of 12.9 units per acre is consistent with the density of other development projects in the surrounding area along Baker Road. While the Zoning Ordinance does not require a minimum area of open space,the concept plan depicts approximately 28,000 square feet of open space on the site. As noted above,the City-owned property to the west will likely be developed as a park at some point in the future,which will serve the residents and provide the residents opportunities to recreate. As stated previously,the submitted site layout does not depict any onsite detention for stormwater. Development Services Center and Public Works stormwater engineers have reviewed information pertaining to the stormwater strategy of the site. Upon their review, it appears that some area may be needed for onsite detention. The applicant is aware and understands that the proposed site layout, and perhaps ultimately the number of units, may need to be altered as a result of the final analysis. Baker Villas, LLC&Ocean Rental Properties, LLC Agenda Item D3 Page 4 Right-of-way improvements will be required to be installed along Baker Road, and will be required to be depicted on the construction plans. Improvements include, but may not be limited to,a new sidewalk, curb and gutter, and street lighting. Additionally, a shared-use path is depicted on the site layout, reflective of the planned shared-use path recommended by the 2011 Bikeways and Trails Plan. While landscaping is proposed along nearly the entire perimeter of the site,the proposed eight-foot wide buffer along the eastern and western property lines is deficient in meeting the minimum requirement. As there are no existing single-family dwellings immediately adjacent to the areas where the buffer is reduced,Staff's view is that the deviation is acceptable. Based on the considerations above, Staff recommends approval of the request as proffered below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, it shall be as a residential condominium, substantially in accordance with the "WILLOWPINES CONCEPUTAL SITE PLAN VIRGINIA BEACH,VIRGINIA", dated April 28, 2017, prepared by Land Planning Solutions, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(the "Concept Plan"). Proffer 2: When the Property is developed, it will have a heavily landscaped entrance feature with a brick monument style sign and will include landscaped buffers with perimeter fencing and pergolas as described on the Concept Plan, which shall be substantially as depicted on the exhibits entitled, "Willow Pines Streetscape" and "Willow Pines Community Amenities" dated April 28, 2017,which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning(the "Streetscape" and "Community Amenities"). Proffer 3: The total number of dwelling units permitted to be constructed on the Property shall not exceed forty-seven (47) and the primary exterior building material shall be"premium vinyl". Each dwelling unit shall contain a minimum of 1600 to 2200 square feet of living area, and a one (1) or two (2) car garage. Proffer 4: The architectural design and exterior building materials of the residential buildings will be substantially as depicted and described on the three (3) page exhibit "PROPOSED 2.5 STORY BRICK AND FRAME TOWNHOUSE DWELLING PREPARED FOR BISHARD HOMES", dated 2/273/10/2017 with the rear elevation of the three (3) unit building abutting the Property's frontage on Baker Road (Units#1, 2 and 3 on the Concept Plan)to be substantially as depicted and described on the exhibit labeled "BIS-BV-3 Unit BAKER VILLAS", dated 3/11/2017, both prepared by JON BENGSTON, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "Elevations"). Proffer 5: When the Property is developed,the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining Baker Villas, LLC&Ocean Rental Properties, LLC Agenda Item D3 Page 5 all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. Baker Villas, LLC&Ocean Rental Properties, LLC Agenda Item D3 Page 6 Proffer 6: The areas depicted on the Concept Plan which will not be occupied by residential dwellings, patios (fenced or unfenced), drive aisles, and parking areas are open spaces which shall be utilized as such. Open spaces shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). Proffer 7: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: The above proffers are acceptable and provide confidence that the site shall be developed as depicted on both the submitted concept plan and the building elevations. 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. Baker Villas, LLC&Ocean Rental Properties, LLC Agenda Item D3 Page 7 Proposed Rezoning Exhibit Baker Villas Rezoning Exhibit Virginia Beach,Virginia "- April 27, 2017 •----------� LEGEND • • +/-3.63 A C PROPOSED A-18 ZONING / I +/-0 55 A C TO REMAIN R-7 5 GPOE:14 4070070000 • 16TALSRE 4..221 AC TO SE REZONED A+e •1-2 V AC • ii I b-+ I GP IN.14684082550000 I 1 GPIN:148610737000.4 TOTAL SITE AREA .vO 3/AC I • I I . TOTAL 6SICE2 ARCA MOSSAC To SF REZONED Ale M071 A C(i,KS e F i- 106E REZONED r.te: •f-0lZ AC.IIS.EO6SF.l �~T�-�I TO kEMAMR,054.14: 6 .I-04 AC 11,6326 F.) GPIN.146 432 Q�3EE0000 I TOTN REZ .WS6AC I I I TO BERP.R.I5 +e •RO 15436 C{+5CS•1 I TO ROMP.R15 •i8 154C @eSC SfI-- 1 I 1 1 I GPIN 14684074810000 TO SERE2**0 •.0MAG 4 TO 6E ANR 75 •/OIIAC@.Sp 6.F.) GPIN 14665002090000 _. _I I- _.t E / TO PEMA•N R-/.5' •+011AC.0.001 SF) TOTAL MAMA .1c,fAC A. O BE REZONED A-,e •,0 OeAC Ote46F;--z I I' I TO REMAIN R.75 .3034C 0 W Fl--____I. •'/ 1 1 1 LAtJJ II II Li GPIN 14680094320000 .1 TOTAL sat AREA .1.02$AC w TO Sr REZONE O M+e •FO OT AC 0.X6S.F.1 r • 'D RE/4444 Rick •1.0 14 AC@06 S F.) �•,. Baker Villas, LLC&Ocean Rental Properties, LLC Agenda Item D3 Page 8 Proposed Site Layout 47 units d: 12.9 du/ac - ... d: 117 spaces Baker Road I �, 41%(Buildings,drives,8 parking) r---I 10 Foot Landscape _ _ _ Buffer — • `!------- �O�L^^..`01 A�:.. tR O•� O� Oe D YO�(• OO illii[•'ah fa Mt:M: 4. • -(177" it "a7'''''- ., raii ,,,,, , . -3 ' i Mir.. I .. — -:t.?":-.:1 or 4,4ip . ....., raw......1 ,1 1,,,,ar.; , , . .!•4'.. w„,k, 4:r41111111 F..-1.717 077 CAW �+i :4 ! • -L.._i-___;_...__Ii...: l � Imo:,”4 .,_\2:: ... 4 . IMAM Mk 49 6 , ' a ti . ' 161, : : . i.----: --, . ) ini.....1' -I , IMP . . fp/ iti- A;_. . , r. —r li 'moi l Eight-Foot Landscap � � III _ -k. I ' e Buffer 1 goo 4 , ,,,,___. ., -I O.. . u 1 some ...0...... 1 igloti ---.- . 1 1 r . it cr:N.i.,... ....._•_. i i • ilt 1 _- i ( -_- NA 1 i , As...41. �a�srLin , - i ! , Pi • l y, j 11:19 - _ �>jr• 10-Foot Landscape ilt L Nig . _ Buffer r�X I{y�� .yam Ii i .ii ,.Y.r.._� 'i Iatti ' _: . ice �: ...-...., -1-' 11 .gi ! Easement for Emergency' I ':i:hr.', Fire A&ess --II' .•µ fan I \ I 41"111 11111 Connie Lane Baker Villas, LLC&Ocean Rental Properties, LLC Agenda Item D3 Page 9 Proposed Elevations _ _ �r I ' .. : •: .lIII I �a -{ l .ter@ ' RR i. ....1 » o � ❑o L: no, l "11 '16 bil. a, ['y11 I i _ , P ' $ _ P s0I �0 11 ilk:, � 1 t JL:- r — = b. a _ t _.� Front Elevation 3116'=I'0" -ff '""" = rill = =I INI :' III Ia---_....a .n a.. .... • .n.--' . �_.n. ==r u r=1 C . _ ....n ...... II,, Win.n•=■ .. . urm�n..n—_7.=riiir amu. n_—ui i' ... ==rn u.1—,= — �u.w , • ••n • —•u=-- n.u••--n.0 . ••.u. —=...u•— n.= _ =anIL::C-1.11111—=--=--•-----==----11r=--7-- ---•-11.1.—_M�— -•__om_ ' o=ar----1-----.m 1. aal. ammo .pmei Rear Elevation 3116'=1'0" 1 ■ —• — -- r ,D I ell Elevation 1-.I6--1'0 -'ill ... - ~, ■ ^■ ' U. I � � �.. • it Ririn LkaIMn?l6' IO` Baker Villas, LLC& Ocean Rental Properties, LLC Agenda Item D3 Page 10 Proposed Elevations *Rear elevation adjacent to Baker Road added at the request of Planning Commission ---13 - ice ,i 'ii = ' � ■ '-�.F •1OI L la I •4 11 11 41 d 1�� Wint: _EVA l 1�A I l I I►( _.�a_. 41$ . I Lr.` I rnm Fk, lion 3 16-II) loft Ii r.rh n 3:16"-10" r _ __ __ • n! ..1 -� a f O ..._ a ,.iin I• - ; _ :::nI_ ._ __ii :a- aI_ii- Rea Fkr awn 3 16"-10'NI .T Rithl 1 le,alion 3'16"-10" Baker Villas, LLC&Ocean Rental Properties, LLC Agenda Item D3 Page 11 Proposed Streetscape lir;-. . 1 , . / Ii■ ti—'F..11', ' \ ,,: ,,,,,,,,., .., .. ' 4 u� ..40410,„ is, ,fid 1 .. .: _.., '' I. 11 1 w, 7 , << a ; .. 5 i. • M T moi? '' Baker Villas, LLC& Ocean Rental Properties, LLC Agenda Item D3 Page 12 Proposed Community Amenities Imo_,_ 1_ ,r_ k \\ s ire IL.- t- , 11-1 Z ;y `: — j I FUTURE CITY PARK Q b , Community Pergola - t - P..; f`1•- ••• '`` � li! III `' -.#.).7:- %. iiI .' Y, s;+ v --,,-.,---4 tai CBCs - with Benches . r (moi . ' ' AN 1 i st>^Amin LS TA 2•13 twuvAINMM a O"-IALMI.BMJU...". Baker Villas, LLC&Ocean Rental Properties, LLC Agenda Item D3 Page 13 Site Photos .,..t, . ` 9 e ;. tib, { 4 7... ' .s ''f • , 6`4Y:40 Y i* !•'Y „Z;T3'r• ,r:'.yJ4 `1fil .i. _ 44- • }' y�1 .•,�'. 1.�`b' '.1 y. .jL�. �y r:.. 'LTJ ' • lam . -t 4'F^f ,p,:Q + ..CO.' '%^'.l ,- �b� ••. ), J" 4`-, , - ',i 4. * s� • F •^ st J � i '-2<44'',z atiftt,,,r-' ; ....f.r.'-,-.'r •fit !f• .e+rz r✓ - I Ft I .. . ' .A.O*5P': , 'L. I .1 , ... .......4-1_ ,_. ......,....4......: .:,...i....:,.......,.........„................. womm_u••• „ . ., _ . _ ___ Baker Villas, LLC& Ocean Rental Properties, LLC Agenda Item D3 Page 14 Disclosure Statement Virginia Beach APPLICANT'S NAME Baker Villas, LLC and Ocean Rental Properties, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development 1Nonconforming Use Compliance,Special Investment Program Exception for (EDIP) _ - __ Changes Board of Zoning Encroachment Request Rezoning Appeals _ _ Certificate of Floodplain Variance Appropriateness — - — - Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement 1 {Wetlands Board F The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE Page I of 7 A.. IN o '-rI f Z 17 ' �yY( Jimmy McNamara Baker Villas,LLC&Ocean Rental Properties, LLC Agenda Item D3 Page 15 Disclosure Statement NiB Virginia Beach ri Check here If the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization, ZCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name':Baker Villas, LLC If an I I C, list all member's names: Steven W. Bishard, Manager;John Bishard, Member 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 t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 • a SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 pnly if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. fl Check here if the PROPERTY OWNER l5 a corporation, partnership, firm, business,or other unincorporated organization,ANO THEN complete the following. (A) List the Property Owner's name.James Edward Sonnet& Linda If an LLC, list the member's Susan Sollner names: Page 2 of 7 Baker Villas,LLC&Ocean Rental Properties, LLC Agenda Item D3 Page 16 Disclosure Statement Virginia Beech If a Corporation, list the names ofall officers,directors, members,trustees, etc. below- (Attach list if necessary) (B) List the businesses that have a parent subsidiary s or affiliated business entity 2 relationship With the Property Owner: (Attach list i/necessary) 'Parent subsidiary relationship' means 'a relationship that exists when onecorporation directly or indirectly owns shares possessing more than 50 percent of the voting poweof another corporation" See State and Local Government Conflict of Interests Act,Va. Code§2.2.3101. "Affiliated business entity relationship" means a relationship. other than parentsubsidiary relationship,that exists when 11)one business entity has acontrolling ownership interest in the other business entity, (Iii a controlling owner in entity is also controlling ownerin the other entity,or (iii) there is shared management or control between the business entitieFactors 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, s or personnel on a regular basis. or there is otherwise a close working relationship betweenthe entities." See State and Local Government Conflict of Interests Act. Va Code§ 2.2-3101. e a SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the ssubiect 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 Baker Villas, LLC&Ocean Rental Properties,LLC Agenda Item D3 Page 17 Disclosure Statement APPLICANT Virginia Beach r —1r PROVIDER(use additional sheets l YES , NO I SERVICE r - needed'. 171 Accounting and/or preparer of � — I/VI your tax return ❑ ® Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Z ❑ Engineers/Surveyors/Agents Land Planning Solutions Financing(include current 1 O ❑ mortgage holders and lenders Towne Bank selected or being considered to provide financing for acquisition or construction of the property) • ❑ _ . [Legal Services Sykes,Bourtlon,Ahern&Lew,P.C. Real Estate Brokers/ % Agents/Realtors for current and ❑ anticipated future sales of the F 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 ❑ km an interest in the subject land or any proposed development rea contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 0 of 7 Baker Villas, LLC&Ocean Rental Properties,LLC Agenda Item D3 Page 18 Disclosure Statement NB Virginia Beach l 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, VEDA meeting, or meeting any public body or committee In connection with this IA plication.P _ _ _ /f rb-mAiv 144" Steven W.Bkhartl 6Po1/11 ♦GPnGNi LHQUR[RE N DA PRINT NAME DATE Baker Vasa LLD Page 5 of Baker Villas,LLC&Ocean Rental Properties,LLC Agenda Item D3 Page 19 Disclosure Statement OWNER \ (, (,: nt:,c'I YES NO [ SERVICE PROVIDER(use additional sheetsIf neesg Accounting and/or preparer of � — your tax return ® Architect/Landscape Architect/ Land Planner ❑ [Contractpol Purchaser urchs denI purthan ® htAurase?hs 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 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 ® Legai Services _.. _. Real Estate Brokers/ Agents/Realtors for current and • ® anticipated future sales of the subject property j I SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 1 Does an official or employee of the City of Virginia Beach have CI 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 Baker Villas, LLC&Ocean Rental Properties, LLC Agenda Item D3 Page 20 Disclosure Statement CERTIFICATION: I cenlfy 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. __. . . -_ � James Edward Sollner PROPERTY OWNER?SIGNATURE I PRINT NAME DATE -- Linda Susan Sollner Page 7 of Baker Villas, LLC&Ocean Rental Properties, LLC Agenda Item D3 Page 21 Disclosure Statement 1113 Virginia Beach D Check here if the APPLICANT is NOT a corporation, partnership, firm, business,or other unincorporated organization. F. Check here if the APPLICANT/5 a corporation, partnership, firm, business, or other unincorporated organization. (A) I ist the Applicant's name:Ocean Rental Properties,LLC If an LLC,list all member's names: Steven W. Bishard, Manager;John Bishard.Member If a CORPORATION. list the the names of all officers, directors, members, trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity relationship with the Applicant (Attach list if necessary) See next page for information pertaining to footnotes' and z • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only lined,/owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here If the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization,AND THEN complete the following. (A) List the Property Owner's name:James Edward Sollner&Linda If an LLC,list the member's Susan Sollner names. Page 2 of 7 Baker Villas, LLC&Ocean Rental Properties, LLC Agenda Item D3 Page 22 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 relationship that exists when onecorporation 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,V. Code q 2 2.3101. 'Affiliated business entity relationship" means M relationship, other than parent-subsidiary relationship.that exists when Al one business entity has a controlling ownership interest in the other business entity,lul a controlling owner In one entity is also a controlling owner in the other entity,or Ink there is shared management or control between the business entities. factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles:there are common or commingled funds or assets:the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on regular basis. or there Is otherwise a close worbng relationship between the entities'Sec Stateand local Government Conflict of Interests Act. Va.Code 5 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 to1€Pperat.cd 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] Baker Villas, LLC&Ocean Rental Properties, LLC Agenda Item D3 Page 23 Disclosure Statement VB APPLICANT Virginia Beach VES] [NO � SERVICE PROVIDER(use additional sheers n eedM ❑ Z Accounting and/or preparer of your tax return ® Architect/Landscape Architect/ I — - - Land Planner Contract Purchaser(if other than ❑ ® the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed C M I purchaser of the subject property '(identify purchaser(s)and I purchaser's service providers) 1 E `:+ I Construction Contractors Z ❑ I Engineers/Surveyors/Agents Land Planning Solutions I Financing(include current K❑ C mortgage holders and lenders selected or being considered to Towne Bank provide financing for acquisition or construction of the property) I IN C Legal Services Sykes.Bourdon.Ahern R Levy.P.C. Real Estate Brokers/ ri I�I 1 Agents/Realtors for current and J anticipated future sales of the subject property __ __ ----- SECTION __SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have C kmeA an interest in the subject land or any proposed development ea 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 Baker Villas, LLC&Ocean Rental Properties, LLC Agenda Item D3 Page 24 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meetinggf any public body or committee in connection with this Application- ,. AI/Y/I/h Steven W.Bishard 5101/17�PPnGNi$5CNArVar 'PAINT NAME DATE Ocean Rental Properties.LLL Page 5 of 7 Baker Villas, LLC&Ocean Rental Properties,LLC Agenda Item D3 Page 25 Item#03 Baker Villas, L.L.C. &Ocean Rental Homes Conditional Rezoning R-7.5 Residential to Conditional A-18 Apartment 504 Baker Road District 2 Kernpsville November 8, 2017 REGULAR Bob Thornton: Please call the next item. Jan Rucinski: Okay. Our last item on the agenda today is Baker Villas, L.L.C. &Ocean Rental Properties, L.L.C.,which is an application for a Conditional Rezoning(R-7.5 Residential to Conditonal A-18 Apartment on property located at 504 Baker Road, District 2, Kempsville. Eddie Bourdon: Thank you. Ms. Rucinsk, Mr. Chairman. For the record, Eddie Bourdon, a Virginia Beach Attorney. If l could, Ed, are you certain there is no one signed up to speak against? Ed Weeden: One in support. Eddie Bourdon: I have a letter of support from Mr. Sollener,whose property adjoins the subject property and also from the Newsome Farms Civic League in support of the application. And, being present this morning for the informal, I was able to bring some things from the conversation. I'm going to try and shorten this a little bit. It was recommended for approval. My clients have taken a great deal of time and effort and over a quite long period of time, to assemble the seven pieces of property. And, the issues that I heard you all discuss, and recommended for approval. I'll start with stormwater drainage, because I think that's important one that we're all sort of wrestling with. We have the ability to drain this project into Witchduck Lake. That does not, however,eliminate the need to treat stormwater. The clients recognize and fully accept the fact that if they are not able to meet the Item 4E73 Baker Villas, L.L.C. &Ocean Rental Homes Page 2 threshold as far as treatment is concerned,elsewhere through expanding the existing pipes between here and Witchduck Lake, or more likely,the adjacent city property,which as you well know, is soon to be a park but there is no funding, no time table. My client has entered into discussions with the City with the regard for the potential that they develop the park for the City,and in return there might be a shared BMP. But that is very preliminary discussions that may or may not happen but that is something that is going to take some time to determine, and because they need to move forward because the assemblage of these properties with the application,they can, and this thing has been and as Mr. Frankenfield had said this morning, it's been beat around. It absolutely can be developed this way and meet the stormwater requirements. We are convinced of that. Staff is telling you that's the case. Whether that makes economic sense is another question. Whether we just keep beating our heads up against the wall, because this is not what you normally would be involved in. We want to go ahead and move this forward but with absolute understanding that if necessary,they will lose units in order to put necessary BMPs on the site, if that is the only way that this can be done. But,we think there are some other options that may work out for everyone's benefit. So,that's the reason why it is a little bit of unique situation in that regard.The two houses on Connie Lane,that is part of this is not of the 3.6 acres that we are rezoning but it is part of the 4.18 acres that is n total. Those will be nice new attractive homes.There is currently a 10-foot ingress/egress easement where we are showing to satisfy the Fire Department,the Fire Marshal's Office.We're showing emergency access that will be grass paver,the fence will have a gate. The Fire Department will have the only way to get in, but that is something that the Fire marshal asked us to do. The other things that are in write up,and I'll mention briefly. If you look at the composite map where were asking for the 8 foot landscape buffers that attend where it is wooded, is an area that. Do you have a larger view of this? In your staff report,there is a copy of your zoning map on page 3.It shows the adjacent apartments. Here we go. These properties here,the back of these properties,A-12 with a dead end street,we anticipate. This is all wooded. We surely anticipate at some point in time the same circumstance will likely take place,and this will be an addition to this Item#D3 Baker Villas, L.L.C. &Ocean Rental Homes Page 3 existing community, and thus, there will no longer with the A-12,2hcih we think will probably extend there at one point, be the need for the ten. And over the 8 foot is along the City owned property that will be (inaudible)will one way or the other be a park site. That's that. Now,the other issue that was raised this morning,the applicants are absolutely committed to use the premium vinyl,which is a thick and more expensive but a thicker and more durable vinyl than you typical vinyl that you discussed this morning, and actually is lighter and looks more hardi-plank than your typical vinyl.So that is an absolute and it will be the premium vinyl that will be utilized. We have provided the enhance rear elevation for the building that is adjacent to Baker Road but it set back more than you more than typical find in a neighborhood like this,a little wider area up front which will be heavily landscaped but we absolutely upgraded the elevations that backs up to the road. We had meeting with the community, Newsome Farm.They totally support what we're proposing to do with the application. It certainly is consistent with the density of what's out there and the units should sell just under$300,000 a unit. And with that, I'll be happy to answer any questions. I know you put this on the consent agenda. Bob Thornton: Any questions for Mr. Bourdon? David. David Weiner: It is not really a question is more like a statement. We talked this morning,you asked my thoughts on it. My terminology,on that, I don't really say gotta,sorta, kinda. And,after listening to the Staff, and having a briefing this morning on stormwater and not seeing enough stormwater on here, of course things are going to start spinning. After listening to the staff, I know we're not stormwater experts at all, but we do need to look at it in some kind of way. But I'm talking about being consistent. We need to be consistent with every application that comes through and being consistent means that we don't' look at the stormwater. So,saying that, I'm not concerned as I was before. Item#D3 Baker Villas, L.L.C.&Ocean Rental Homes Page 4 Eddie Bourdon: One thing I'll echo with what Mr. Frankenfield said this morning, at this juncture and I've been doing this for quite some time and I hate to think about how long,and it is night and day compared to how it used to be.When this wasn't even a part of the lexicon, At this point,where we don't have flooding problems and flooding issues,we're going through and it really hasn't been any official notice of the policy change. Down in the southern part, it has been clear for a couple of years now, but now we're up in the in another part here the public, not just planning but Public Works are looking at these things, so before we can even get on the agenda. So, I can assure and it's a substantial additional expense that the development community is already having to adhere to, so and this one is unique and it is unique because for the fact that we believe there is an opportunity and we want to try to produce a win,win with that opportunity. It may not happen,and we're perfectly understanding that if it doesn't happen,and there needs to be a BMP on the site, which more likely is going to be the answer if it doesn't happen, then were going to lose units and that's the absolute given. It don't think that changes the quality for the development one bit but if we have a beautiful city park that gets open a lot sooner, because they are able to work an agreement to develop a park or the city,and at the same time,there is an agreement. Who knows what could be involved in such an agreement financially as well. So, that is what we're exploring.That is what we're hoping to achieve,and when we spend a lot of time to getting to this point,you see that is really the best option but if it doesn't work then it will be fewer units. Bob Thornton: Any other?Jack and then Don. Jack Wall: There looks like there is a parcel on Connie Lane that is kind of surrounded by the community development. They are new homes. I am just curious is that the case. Eddie Bourdon: I'm sorry Jack. Item#D3 Baker Villas, L.L.C. &Ocean Rental Homes Page 5 Jack Wall: What we're looking at typically is just this community.There is part of the development,the two homes that are on Connie Lane. Eddie Bourdon: That is part of the subject property that is not being rezoned. Jack Will: Not being rezoned, Eddie Bourdon: That my clients own and will be developing by right on those lots to be created on R-7.5 single family home on each one. Jack Wall:There is another parcel to the farther right. Jan Rucinski: Page 7. Jack Wall: That is shown on page 7. Eddie Bourdon: This property,the owner is fully aware. It is not Mr. Sollener's property is it.They are for the application and have no objection to the application. Jan Rucinski: So three of them are green, so are there going to be three new single-family houses? On page 7,on Connie Lane,three of those parcels are shaded green and there is the one. Eddie Bourdon: Actually it is a combination. There are two small pieces here that is going to be new homes. This is the emergency access,which will be a part of the lot but it will just be subject to an Item t#D3 Baker Villas, L.L.C. &Ocean Rental Homes Page 6 easement and it will be restricted and nothing can be placed on it.This is the second new lot upon a house will be constructed, and this is Mr. Sollener,who has the application requiring this property from him. That remains a single-family home. The only part of this that is the application is everything to the south of the dotted line and then it wraps up and around. All of these property owners have been involved with this process of this application. So,Connie Lane remains single family home with R-7.5. Jack Wall: Thanks, I just wanted some clarity on this. Eddie Bourdon: These will be two new homes and that will be a part of the lot but it will be an emergency access that the fire marshal wanted us to provide since we're in a position to be able to do that. Bob Thornton: Don has a question. Don Horsley: I just got a comment. I think the comment you made a while ago about if we end up treating stormwater on site,which is most likely. I think that is mostly likely scenario.That will kill two birds with one stone because it will also give us some open space that people talked about this morning. I look retention ponds as open space myself, I think that would put everybody's mind at ease a little bit if we kind of got that in our head that is what's going to happen. Eddie Bourdon: The alternative would have been to have done that and continue to work to try to work the win-win, public, private development of the park.And if that was to come to fruition,then we have to come back and change this,so it is easier where we know we can make it work. It's easier to do it this way, and you're never going to get by without doing all of the required to treat the stormwater and have the capacity,which doses exist. Item#D3 Baker Villas, L.L.C. &Ocean Rental Homes Page 7 Bob Thornton: Any other questions for Mr. Bourdon? Thank you sir. Eddie Bourdon: Thank you Mr. Chairman. Jan Rucinski: We have one speaker and that is James Sollener. James Sollener: My name is James Sollener. I live at 5513 Connie Lane for there for 27 years. I think was on the other side of the schedule last year opposing some development. I just want to say that I am in favor, and I just want to compliment Mr. Bischard and his associates for actually coming out to my house. I saw them on the property and asked them what they were doing. We met several times and came to a consensus of how we could both win-win and saw the wooded area back there. It's going to happen and I know that. I think it is workable where we could both come to amends and still live there. I think they are very good developers. I hope you all approve. Bob Thornton:Are there any questions of Mr Sollener? Thank you sir. Jan Rucinski: I have no more speakers. Bob Thornton: No more speakers and no more questions.With that,we will close the public hearing and does anyone care to make a motion? David Weiner: If nobody has any comments, I make a motion we approve it. Bob Thornton: A motion by Mr.Weiner for approval. Do I have a second? Item#D3 Baker Villas, L.L.C. &Ocean Rental Homes Page 8 Jeff Hodgson: Second. Bob Thornton: A second by Commissioner Hodgson. We're ready for the vote. AYE 10 NAY O ABS O ABSENT 1 HODGSON AYE HORSLEY AYE INMAN ABSENT KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission has approved the application of Baker Villas, L.L.C.and ocean Properties. Eddie Bourdon: Thank you all everybody. Have a Happy Thanksgiving. Item#D3 Baker Villas, L.L.C. &Ocean Rental Homes Page 9 Bob Thornton:Thank you. Is there any further business? Hearing none,on behalf of my fellow Commissioners, I would like to thank everyone for attending today. Thank the Planning Director and his staff for excellent work in preparing for today's meeting. Meeting is adjourned. 0103E4 P4 1 3Ef0H O4 • 4(94- !me- g g. .r Gs CITY OF VIRGINIA BEACH ^` . INTER-OFFICE CORRESPONDENCE ° �� F In Reply Refer To Our File No. DF-9886 DATE: November 20, 2017 TO: Mark D. Stiles DEPT: DEPT: City Attorney FROM: B. Kay Wilso WSJ" DEPT: City Attorney RE: Conditional Zoning Application; Baker Villas, LLC and Ocean Rental Properties, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 5, 2017. I have reviewed the subject proffer agreement, dated April 28, 2017 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom BAKER VILLAS,LLC,a Virginia limited liability company OCEAN RENTAL PROPERTIES,LLC,a Virginia limited liability company JAMES EDWARD SOLLNER and LINDA SUSAN SOLLNER,husband and wife TO(PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT,made this 28th day of April,2017,by and between BAKER VILLAS, LLC, a Virginia limited liability company, Grantor, party of the first part; OCEAN RENTAL PROPERTIES, LLC, a Virginia limited liability company, Grantor, party of the second part; JAMES EDWARD SOLLNER and LINDA SUSAN SOLLNER, husband and wife, Grantors, parties of the third part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,Grantee,party of the fourth part. WITNESSETH: WHEREAS,the party of the first part is the owner of three(3)parcels of property located in the Bayside District of the City of Virginia Beach, Virginia, containing approximately 2.66 acres designated as Parcels 4,6 and 7 in Exhibit"A"attached hereto and incorporated herein by this reference. Parcels 4, 6 and 7,along with the other pieces and parcels described herein and in Exhibit"A"are hereinafter collectively referred to as the"Property";and WHEREAS, the party of the second part is the owner of three (3) parcels of property located in the Bayside District of the City of Virginia Beach,Virginia,containing approximately 31,037 square feet designated as Parcels 1, 2 and 3 in Exhibit "A" attached hereto and GPIN: 1468-40-9386-0000 1468-40-8255-0000 1468-40-9432-0000 1468-40-7370-0000 1468-40-7461-0000 1468-50-0209-0000 1468-40-7007-0000 Prepared by: R Edward Bowdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahem&Lely,P.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 incorporated herein by this reference. Parcels 1,2 and 3,along with the other pieces and parcels described herein and in Exhibit"A"are hereinafter collectively referred to as the"Property"; and WHEREAS, the parties of the third part are the owners of a certain parcel of property located in the Bayside District of the City of Virginia Beach,Virginia, containing approximately 9,363 square feet designated as Parcel 5 in Exhibit"A"attached hereto and incorporated herein by this reference. Parcel 5, along with the other pieces and parcels described herein and in Exhibit"A"are hereinafter collectively referred to as the"Property"; and WHEREAS, the party of the first part is the contract purchaser of Parcel 5 from the parties of the third part; and WHEREAS,the parties of the first and second part as the owners and contract purchasers of the assembled property containing approximately 3.63 acres have initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia,by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-7.5 Residential District to Conditional A-18 Apartment District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS,the parties of the first part and second part acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change,and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors'rezoning application gives rise; and WHEREAS,the parties of the first and second part have voluntarily proffered,in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the A-18 Zoning District by the existing overall Zoning Ordinance,the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property,which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the parties of the first and second part, for themselves, their successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion oravid=ro cquo for zoning, rezoning,site plan,building 2 permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property' and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantee,and other successors in interest or title: 1. When the Property is developed, it shall be as a residential condominium, substantially in accordance with the "WILLOW PINES CONCEPTUAL SITE PLAN VIRGINIA BEACH, VIRGINIA", dated April 28, 2017, prepared by Land Planning Solutions, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(the "Concept Plan"). 2. When the Property is developed, it will have a heavily landscaped entrance feature with a brick monument style sign and will include landscaped buffers with perimeter fencing and pergolas as described on the Concept Plan, which shall be substantially as depicted on the exhibits entitled, "Willow Pines Streetscape" and "Willow Pines Community Amenities" dated April 28, 2017, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "Streetscape" and "Community Amenities"). 3. The total number of dwelling units permitted to be constructed on the Property shall not exceed forty-seven (47) and the primary exterior building material shall be"premium vinyl". Each dwelling unit shall contain a minimum of 1600 to 2200 square feet of living area, and a one(i)car or two(2)car garage. 4. The architectural design and exterior building materials of the residential buildings will be substantially as depicted and described on the three (3) page exhibit "PROPOSED 2.5 STORY BRICK AND FRAME TOWNHOUSE DWELLING PREPARED FOR BISHARD HOMES", dated 3/10/2017 with the rear elevation of the three (3) unit building abutting the Property's frontage on Baker Road (Units #1, 2 and 3 on the Concept Plan) to be substantially as depicted and described on the exhibit labeled`BIS-BV-3 Unit BAKER VILLAS", dated 3/11/2017,both prepared by JON BENGSTON,which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "Elevations'). 5. When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The 3 Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. 6. The areas depicted on the Concept Plan which will not be occupied by residential dwellings, patios (fenced or unfenced), drive aisles, and parking areas are opens spaces which shall be utilized as such. Open spaces shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance('Preservation District"). 7. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 195o, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (i) The Zoning Administrator of the City of Virginia Beach,Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including 4 mandatory or prohibitory injunction, abatement,damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator,made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department,and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantors and the Grantee. 5 WITNESS the following signature and seal: Grantor: Baker Villas,is,LLC,a Virginia limited liability company /X By: l il/ih4,(/ ! / (SEAL) Steven W.Bishard,Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this Pt day of May, 2017, by Steven W. Bishard, Manager of Baker Villas, LLC, a Virginia limited liability company, Grantor. Notary Public My Commission Expires: akirx0st 31 20r1 Notary Registration Number: SbaSs MELONIE MCMUWN NOSY Pug0e Cemmonnnlm of VNgjnis 256255 My Commission Expires Aug 31.2017 6 WITNESS the following signature and seal: Grantor: Ocean Rental Properties, LW, a Virginia limited liability company By: ' h/. ! ! (SEAL) Steven W. Bishard,Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this rt day of May, 2017, by Steven W. Bishard, Manager of Ocean Rental Properties, LLC, a Virginia limited liability company,Grantor. -1'yik"}`n,utp Notary Public 0u My Commission Expires: (Lc,u S+ 31 W'7 Notary Registration Number: .]€lc 2.5"4" MELONIE MCHUGH Notary Public CommomwatlM of Virginia 256255 My Commission Expires Aug 31,2017 7 WITNESS the following signatures and seals: Grantors:/� <�� n\_n 1/�J r\ C��uY7'1-P> Y1-co-I (SEAL) jJamesJ / DEdward Sollner 41-/ (44+. .42.4- (SEAL) Linda Susan Sollner STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 9th day of May, 2017, by James Edward Sollner and Linda Susan Sollner, husband and wife,Grantors. W.7-d Notary Public My Commission Expires: August 31, 2018 -. 0 _ / - Notary Registration Number: 192628 bs 401)r OF NOTO 8 EXHIBIT"A" LEGAL DESCRIPTION Parcel 1-Ocean Rental Properties, LLC (Part of GPIN: 1468-40-9386-0000) All that certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia being the southernmost 211.57 x 74.43' (15,763 SF') portion of GPIN 1468-40-9386, known, numbered and designated as the southern one-half(42) of that parcel known as S.P. Dixon Tract,which tract is recorded in Deed Book 443, at Page 453 in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia. Less and Except those portions conveyed to the City of Virginia Beach,Virginia in Deed Book 2798,at Page 993 and in Deed Book 2798,at Page 995(a/k/a a portion of 5501 Connie Lane). Parcel 2—Ocean Rental Properties, LLC (Part of GPIN: 1468-40-9432-0000) All that certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia being the southernmost 50.92' x 64.51' (3,305 SF) portion of GPIN 1468-4o-9432- 0000, having a current street address of 5505 Connie Lane, being a portion of the property described in a survey entitled,"Property of S.P. Dixon",a plat of which is of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,in Deed Book 443,at Page 453. Parcel 3—Ocean Rental Properties, LLC (GPIN: 1468-40-8255-0000) ALL that certain lot, piece or parcel of land, with the buildings and improvements thereon numbered 5505 Connie Lane,lying,situate and being in the City of Virginia Beach,Virginia,and being known as the southern one-half of the western one-half of a 1.1 acre tract of land shown on the plat of Property of S.P. Dixon, dated August 18, 1954, and recorded in Deed Book 443, Page 453 (erroneously referred to in previous deeds as Deed Book 489,Page 185), and is more particularly described as follows: Beginning at a point marked by a pin 321.1 feet from a pin on Newsome Farm Road,said pins are on the boundary of Georgia Simmons and Jamie May Whitehurst property, thence proceeding from said pin N 34 degrees 34' E, 160.65 feet to a point;thence S 54 degrees 10' E, 74.51 feet to a point, thence S 34 degrees 34'W, 160.65 feet; thence N 54 degrees 10'W, 74.51 feet to the point of beginning. 9 Parcel 4—Baker Villas, LLC (Part of GPIN: 1468-40-7370-0000 All that certain lot, piece or parcel of land, situated in the City of Virginia Beach (formerly Princess Anne County),Virginia,known,numbered and designated as Lot A, .355 Ac.,as shown on plat entitled, "SUBDIVISION OF PROPERTY OF GEORGIA SIMMONS, LOCATED NEAR DAVIS CORNER-PRINCESS ANNE CO., VA., SCALE: 1"=1o0', AUGUST 14, 1962, W.B. GALLUP, SURVEYOR",which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County),Virginia, in Deed Book 747, Page 289. Less and Except the northernmost 1.832 square feet which is described as beginning at a pin along the southern right of way line of CONNIE LANE at the northeastern corner of"LOT A, .355 AC",as hereinabove described and from said pin South 34°43'West, 143.05 feet; thence North 540 10' 00" West, 20.00 feet; thence North 34° 43' East, 143.05 feet to a pin along the southern right of way of Connie Lane;thence South 53°42'30"east along the southern right of way line of Connie Lane 20 feet to the pin at the Point of Beginning. Parcel 5—James Edward Sollner&Linda Susan Sollner (Part of GPIN: 1468-40-7461-0000) All that certain piece, portion or parcel of land situate, lying and being in the City of Virginia Beach,Virginia,being the southernmost 9,432 square feet(160.89'±x 60.56'±)of"PARCEL A- 1-B"as depicted on that plat entitled"SUBDIVISION OF LOT A-1,PLAT OF SUBDIVISION OF PART OF SITE 31,NEWSOME FARM",which said survey is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,in Deed Book 2717,at Page 1062. Parcel 6—Baker Villas,LLC (Part of GPIN: 1468-50-0209-0000) All that certain strip,piece or parcel of land situate,lying and being in the City of Virginia Beach, Virginia, containing 3,469 square feet, being the southernmost 264.3 linear feet of what was once a private right of way described and designated as the southeasterly 15 Foot Right of Way as shown on that plat entitled, "Property of William C.Johnson Located Near Davis Corner — Princess Anne Co.,VA. (A part of Tract 30-Evelyn Hotheimer)",which said plat(the"Johnson Plat")is attached to that certain Deed dated October 29,1953 from Mary Hodges to William G. Johnson and Geraldine S.Johnson,said Deed being recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,VA("Clerk's Office")in Deed Book 343,at Page 495,said 15 Foot road running from a 20 foot right of way shown on the Johnson Plat to Newsome Farm Road(now known as Connie Lane)and being adjacent and continuous to that certain property identified on the Johnson Plat as"William C.Johnson 1.32 AC". The said 15 foot road is also identified as"James C. Joyner's 15' R. of W." on that plat entitled "Property of S.R. Dixon located near Davis Corner — Princess Anne Co.VA"which said plat is attached to that certain Deed dated February 21, 1956 from Ethel Simmons to James B. Whitehurst and Jannie Mae Whitehurst said deed being recorded in the Clerk's Office in Deed Book 443,at Page 451. 10 Parcel 7—Baker Villas, LLC (GPIN: 1468-40-7007-0000) ALL THAT certain piece, tract or parcel of land, with the improvements thereon and appurtenances thereunto belonging,situate,lying and being in Kempsville Magisterial District, Princess Anne County,Virginia,near Burtons Station,described by a reference to a certain plat and survey thereof made by W.B. Gallup,County Surveyors, and recorded in the Clerk's Office of the Circuit Court of Princess Anne County, in Deed Book 329, at Page 288, and more fully shown on a plat and survey made by W.B. Gallup, County Surveyor, November 15th 1953, the property hereby conveyed being described as follows: BEGINNING at a pin in the southern line of the right of way of a twenty(20) foot road at its western end thereof,as shown on the aforesaid plat in the line of the property of James C.Joyner conveyed to him by the grantor herein by deed recorded in Deed Book 329,at Page 284,in the center line of a ditch,and from said point running along the Southern line of the right of way of said twenty (20) foot road South 54 degrees to minutes East, 287.8 feet to a pin; thence continuing the same course 30 feet to a point in the line of the property of Johnson and others; thence along the line of the property of Johnson South 34 degrees 34 minutes West, 132.8 feet to a pin in a ditch;thence along said ditch South 76 degrees 43 minutes West,143.2 feet to a pin, South 63 degrees 20 minutes West, 79.7 feet to a pin in the line of the property of the Browne Estate North 54 degrees 48 minutes West, 236.8 feet to a pin in the center line of a ditch separating this property from the property of James C. Joyner; thence along the center line of said ditch North 44 degrees 16 minutes East, 317.9 feet to the center line of the right of way of the twenty(20)foot road,the point of beginning. and ALL THAT certain lot, piece or parcel of land lying, situate, and being in the City of Virginia Beach,Virginia, and being known, described and designated as "20 Ft. R of W." as shown on that certain plat entitled, "Property of James C.Joyner Located on Newsome Farm Tract Near Davis Corner—Princess Anne County,VA"as attached to that certain Deed of Bargain and Sale dated May 26, 1953 by and between Mary Hodges,James C.Joyner and Mary M.Joyner,et al, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,in Deed Book 329,at Page 284. H:\AM\Conditional Rezoning\Baker Villas\Proffer Agreement_final 9-19-zor7.docx 11 -___. . ..... - - •,-.,1-,--.,-"..^-.......-..-,.--- „... \ \ I 1 s , 5 ', t . 5\ 1 __-- . 1, ,..- , \ .„, \ , <IC \ \ .. ..----- ,, ------ - ' ‘ I \ \ .----- _.--- \ \ 15 \ \ ---- ,. ( \ I , --_. \ \ , I \ \ \ \ \ : _.---- 1 \ N. . \ 0 \ •, .. , \ 7 I, . u. \ ihCI \ k, .,.r '1:1) .,. IN N ' \\ \\\ -- 0 \ \ n , : \ c4 __ - ,-- ...... --- .---:.--- \ N 1 , .-.1 ..--- ...--...--• _.--. . ..---2- \ • \ ---40 :,,•- __ -- _...--- ...- . --- \ • 11.00'0--•-- ,....- _..- -- __-- __---- __---- ._--- ----,.____ __----- ._-- -- \ ...-- ..-- ..--- --- . ... ...._ __ 0 ..-- _,-----. ..-- ,----- c----\ ...--- „...-- \ • __--------- _,--k— ., .... ....._ ---- - :2:--------"°'z----- - --- VA.-`--- • ,----. .,... ---.-...--. --NzA N .0 .._•---- a OA .0 ..- • 6# 1t 0.ee° °S.cA7i.v., k N 1 CO 1 • 4:1( N codt I tact% PPt [ tv-aect.),, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GOODWILL OF CENTRAL & COASTAL VIRGINIA, INC. [Applicant] SOUTHERN BANK & TRUST COMPANY [Property Owner] Conditional Change of Zoning (0-2 Office District to Conditional B-2 Community Business District) at the property located at 1124 First Colonial Road (GPIN 2408546615), COUNCIL DISTRICT— LYNNHAVEN. MEETING DATE: December 5, 2017 • Background: The applicant, Goodwill of Central and Coastal Virginia, Inc., proposes to renovate a former bank along First Colonial Road for offices and a donation site. No retail sales of donated goods are proposed at this location. A rezoning is required, as wholesaling and distribution activities are not permitted under the existing zoning of 0-2 Office District. • Considerations: While the Comprehensive Plan recommends infill or redevelopment proposals complement the corridor's medical and healthcare activities, in Staffs view, the continuation of a "neighborhood serving" use at this location is acceptable. The anticipated traffic generated by the proposal will be significantly less than that of the previous bank use. The proposed upgrades to the landscaping on the site will address some existing deficiencies. Based on recommendations by the Planning Commission during Staff's briefing of the application, the applicant added two proffers that will limit the uses to a either a financial institution, medical or dental offices, or a non-profit donation center; and, that will require the placement of a drop off bin on the rear of the property. While Staff received a phone call from a nearby property owner who voiced opposition, no formal submission of the concerns was received. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. Goodwill of Central & Coastal Virginia, Inc. Page 2 of 2 • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department J .5102— City Manager: t1 VBApplicant Goodwill of Central and Coastal Virginia, Inc. Agenda Item Property Owner Southern Bank and Trust Company Public Hearing November 8, 2017 2 City Council Election District Lynnhaven Virginia Beach Request Conditional Rezoning (0-2 Office District ton Valhalla Arch Conditional B-2 Community Business District) 3 'h'"dar°ord°rovp 4 E e 3 Barn Brook Road i MLT` Staff Recommendation WI % ' M, R f Approval 65 70°8 DNL e t < „muton La". s_ - Staff Planner Jimmy McNamara • E Location e "s 1124 First Colonial Road ,•,.„ s^ "" R GPIN70.75 dB DNL M�aY 2408546615 ��,��°° i� C'il .,, °'\. Site Size 31,548 square feet AICUZ 70-75 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning Districtr ti �� •% , - r a.-P":;4 ' ''' •rat'?' l — Vacant financial institution/0-2 Office District ' . ,►_ Surrounding Land Uses and Zoning Districts :t.„,,,i, ‘. „0:1"...-4 North -• ..1"ile - = , Camelot Drive j`'`��s ^• N Medical office/0-2 Office <- . ..;,,,,„,.A, iv. c:�"`e yY_ , South .".T e >� ' ,. Medical office/0-2 Office ;'< - , � ' . � tori 1•‘ i East - - Medical office/0-2 Office (14; it '7‘r..r ,to, v - . : to . k2Lr West -ft, ``\vorw <<< ,. First Colonial Road k . %r- ,0 Medical office/0-2 Office ' A" '•or..•t,,. ' V\�" `. ,'' ,,,,k,41 1.r., 4 Goodwill of Central and Coastal Virginia, Inc. Agenda Item 2 Page 1 Background and Summary of Proposal • A bank operated on the subject site since the mid 1970's; however,the bank closed nearly a year and a half ago and the property has been vacant since that time. • The applicant, Goodwill of Central and Coastal Virginia, proposes to use the existing building for offices as well as for a donation site. No retail sales of donated goods is proposed at this location. • The Zoning Ordinance classifies this type of use as "Wholesaling and Distribution." As the site is currently zoned 0-2 Office District, and this use is not permitted within this district, a rezoning to Conditional B-2 Community Business District is requested. • The existing drive-through area is proposed to serve as a dual-lane drop-off area for customers. Employees will be available for assistance within a newly proposed entrance where the bank teller window currently exists. No outdoor storage of goods will be permitted on the site. The applicant desires to reduce the size of the overhead canopy slightly where a former ATM machine existed. This will include the removal of several structural supports. • The proposed concept plan maintains the same general layout of the site with two ingress/egress points along First Colonial Road and one point along Camelot Drive at the rear of the site. New landscaping is proposed along Camelot Drive to assist in screening of the drop-off area. At the recommendation of the City's Landscape Services division, no plant material can be installed in the small strip along First Colonial Road due to the width of the planting bed and line-of-site visibility issues. • The site is currently deficient in foundation and interior parking lot landscaping. As no modifications are proposed to the parking lot, no new interior parking landscaping is required. However, the landscape plan depicts supplemental plantings to complement the existing foundation and signage landscaping. • The existing freestanding sign is proposed to remain and be refaced with a blue face and white lettering. A single wall mounted sign with a blue background and white channel letters on a raceway is proposed over the front entrance canopy. The exhibit of the modified sign is depicted on page 8 of this report. • The submitted proffers japala4434 allow the following uses on the site: o Assembly uses o Automobile repair garages and service stations o Bars or nightclubs o Motor vehicle and boat sales o Bulk storage yards o Car wash facilities o Commercial parking lots o Liquor stores o Tattooing and body piercing o Craft breweries,wineries and distilleries o Drug or grocery stores or retail establishments o Religious uses o Storage garages o Open air markets Goodwill of Central and Coastal Virginia, Inc. Agenda Item 2 Page 2 o Non-profit donation drop-off centers o Offices o Medical and dental offices and clinics o Financial institutions • 0-2 0.2 1 ZoningyHistory dB�NL CO. -70 p` „ Request A-12 1 CUP(Nursing Home)Approved 09/08/1992 2 CRZ(0-2 to Conditional 0-1)Approved 05/13/1997 3 CRZ(A-2 to Conditional 0-1)Approved 03/09/1987 0-2 - 4 CRZ(0-2 to Conditional A-18)Approved 09/23/1997 O-2 ,41tiat 7075 dB[?NL • 4-18 ocia� we 32 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 at the northern extent of Suburban Focus Area 5—First Colonial Medical Corridor. Sentara Virginia Beach General Hospital anchors a major medical complex along First Colonial Road from Mill Dam Road south to Republic Road. The area includes medical offices, rehabilitation centers, senior housing facilities and a good mix of non-medical uses such as banks, general offices, places of worship and other neighborhood based services. The Plan recommends that priority be given to infill or redevelopment proposals that complement the area's medical and healthcare activities. Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay watershed. As the site is already developed with a building and associated parking, there do not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic First Colonial Road 18,398 ADT 1 17,300 ADT (LOS 4"C") Existing Land Use 2—430 ADT 27,300 ADT 1(LOS 4"D") Proposed Land Use 3-34 ADT 'Average Daily Trips 2 as defined by a 2,900 3as defined by a single-tenant office 4 LOS=Level of Service square-foot bank building Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Goodwill of Central and Coastal Virginia, Inc. Agenda Item 2 Page 3 Public Utility Impacts Water The site currently connects to City water. The property is served by an existing 5/8-inch meter(City ID#95049885). This meter may be used or upgraded to accommodate the proposed use. Sewer The site currently connects to City sanitary sewer. Evaluation and Recommendation The Comprehensive Plan recognizes that this area of First Colonial Road is a mix of medical offices, rehabilitation centers, senior housing facilities as well as a mix of non-medical uses such as banks, general offices, places of worship and other neighborhood based services. The Plan recommends that priority be given to infill or redevelopment proposals that complement the area's medical and healthcare activities; however, the continuation of a "neighborhood serving" use at this location is, in Staff's opinion, acceptable. The anticipated traffic generated with the offices and donation center will be significantly less than that of the previous bank use. The applicant has carefully chosen the list of prohibited uses on the site that are either not compatible with the Comprehensive Plan or generate traffic in excess of what is acceptable for this site. The proposed upgrades to the landscaping on the site will address some existing deficiencies. Although streetscape landscaping is proposed along First Colonial Road, Staff does not believe there is enough space for these plantings. Staff has spoken to multiple developers about proposed uses on the site, many of which were not compatible with the site either due to anticipated traffic generation, incompatibility with the Comprehensive Plan, or site design. It appears that the marketability of the property for another financial institution at this location has diminished. Staff believes that the proposed use is appropriate for the site,given the restrictions put in place by the proffers. As such, Staff recommends approval of this request with the submitted proffers below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: The - - • . . - - - - •'• - - •- • - - _ . , - - . _ • ..... , -- - , - _ _. . - , _ _ _ _- , . •. . . • .' - . use of the Property shall be restricted to the following uses: non- profit donation drop-off centers, offices, medical and dental offices and clinics, and financial institutions. Goodwill of Central and Coastal Virginia, Inc. Agenda Item 2 Page 4 Proffer 2: Freestanding signage located on the Property (other than directional signage permitted under the City Zoning Ordinance) will be limited to the one (1) existing freestanding sign (the "Existing Freestanding Sign"), which shall be in substantial conformance with that depicted on the signage exhibit entitled "SIGN A: FREESTANDING SIGN EMBOSSED FACE CHANGE", dated July 25, 2017, and prepared by Cardinal Sign Corporation (the "Freestanding Signage Exhibit"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Notwithstanding the prior sentence, the Existing Freestanding Sign may be replaced with a new freestanding sign (the "New Freestanding Sign")that is not in substantial conformity with that depicted on the Freestanding Signage Exhibit to the extent that the New Freestanding Sign (a) does not exceed eight feet (8') in height, (b) is monument style, (c) has a brick or stone base, and (d) is otherwise in compliance with applicable provisions of the City Zoning Ordinance (as modified by any variance approved by the appropriate authority). Proffer 3: Signage on the primary structure located on the Property shall be in substantial conformance with that shown on the exhibit entitled "SIGN C: CHANNEL LETTERS ON RACEWAY", August 23, 2017, and prepared by Cardinal Sign Corporation (the "Building Signage Exhibit"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 4: Landscaping shall be installed on the Property in substantial conformance with that shown on the landscaping plan entitled "Goodwill First Colonial Landscape Plan," dated August 23, 2017, and prepared by Balzer and Associates, Inc. (the "Landscaping Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 5: Outdoor storage shall not be permitted on the property. Proffer 6: The Property shall be developed in substantial conformance with the conceptual site plan entitled "Physical Survey of #1124 First Colonial Road, Lot 2, Parcel A,Virginia Beach, Virginia for Southern Bank," dated December 14, 2011, and prepared by R.L. Galloway, L.S. (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 7: During periods when the Property is used as a non-profit donation drop-off center, a drop box for after-hours donations shall be located to the rear of the front facade of the primary structure on the Property in a location approved by the Planning Department, which drop box shall be appropriately screened from adjacent public rights-of-way. Proffer 8: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: The above proffers provide confidence that the use of the site shall be as proposed and will not include uses that typically generate more traffic than is acceptable at this site. The proffers also guarantee that the site shall be developed as depicted on the elevations and on the concept plan. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Goodwill of Central and Coastal Virginia, Inc. Agenda Item 2 Page 5 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. Goodwill of Central and Coastal Virginia, Inc. Agenda Item 2 Page 6 Proposed Site Modifications 1 IPF IPF 514°28'49"E 15191' 0 1 LP(TYP).__ __v\ \ •46 -* 6.apuARps ..... ;,-.‘ \ \ \ . r -\ \ \-\\ (5,1 6 ! l - ASPHALT ---"N. I.) p 30"OVERHANG cc ._ ��� —1 . an ? • 'r—'' ir' , 40.3: -I 1el - 'n METAL SUPPORTS L > / FOR 5I6N 1 L 1Toee Removed) I §` '0' i 1 S g 1-ST-BR N ' #1124 7 3 GPir N / `. w ., W e0 t ._...1 i *ici .4- I It 1 , _ -- IE 2 --% .'-'><' 3-1_.ea I d DRIVE-T1aRU ..i ri.....: ' li ® I I ISLANDS ` • - • 11 4 1 a^ 1 �,i co 1 � V CR 1 ,,,, ASPHALT - N `- `'�'' , Vsief 6t7T'78t' Z • ,, icl, ,_ 4. , 2 tl SPIKE 0 N14°28'49'W 156.00' FIRST COLONIAL ROAb VAR. WIDTH R/W Goodwill of Central and Coastal Virginia, Inc. Agenda Item 2 Page 7 Proposed Landscape Plan I 4 + ef . ) Oi T ''''':1:1 1 r' I j FM1') kL 1 r.'i , u I , F � I c R 1 /1/Jr-H41 IE01 il J�-)�t �� _� I Streetscape Landscape r • I_a I Improvements ', . L i u I fff I �..1 t__. , 04, \ - _fir'' H , 1 I I ;� ',((�� I III"' ,, ',,!7::: ,,m $:, ..1 I 1 _I Y 'j Il V • Supplemental Foundation 1 s Landscaping lr \,.„..._ I d IL o 1 -,.. I• r--- I --Sk 1 .s 1' Ii.5.J .. 40 0 yy�rry F� i I W 'mprrW 1 I 1 ' 4- Goodwill of Central and Coastal Virginia, Inc. Agenda Item 2 Page 8 Proposed Signage Exhibits (c; 4 4, ti trl o � � m SIGN C: CHANNEL LETTERS ON RACEWAY RACEWAY Goodwill A a. Donation Center LETTER CABINET TRIM CAP ' m MASTIC FACE 1.1- X 6"THRU ROLLS t4—_ IT IB"CINRRS ;I' L(O CIRCUIT ROAR, )- A 7 1 1 X 1 1 1"X.1 I6 TRANSFORMER NFf1 MATE NOT TO SCALE Goodwill Donation Center SIGN A: FREESTANDING SIGN EMBOSSED FACE CHANGE For Sale Goodwill 757 627 8611 Donation me \1 u I NI ifs�rSI Center r- - 1! EXISTING (NTS) PROPOSED (NTS) Goodwill of Central and Coastal Virginia, Inc. Agenda Item 2 Page 9 Site Photos - ies- r - i , _ ..,,.., „,, . , .,,,, _ ... t ,. ,,...... , ,_ ___ _, _,. r" ... __ t _____ , "..r`ire_. rri It, i V ` _ .,... . . Goodwill of Central and Coastal Virginia, Inc. Agenda Item 2 Page 10 Disclosure Statement Virginia Beach APPLICANT'S NAME Goodwill of Central and Coastal Virginia, 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 I 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 L Chesapeake Bay Preservation Area j Lease of City Property Subdivision Variance ' L Board 4 . - Conditional Use Permit License Agreement Wetlands Board • The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two In weeks prior to any Page 1 of 7 Plennin:.Corn mission and City Council meetimJ that eaains to the.;;nlrano¢l9_ DATE Er NOC • ANOTIFIED OF HEARING ASOl CHANGES DATE1 pp�'se/I • REVISIONS SUSUBMITTED OF DATE (�l�/!7 Jimmy McNamara Goodwill of Central and Coastal Virginia, Inc. Agenda Item 2 Page 11 Disclosure Statement w®aieBe.ety. El Check here if the APPLICANT IS NOT a corporation, partnership, firm. business, or other unincorporated organization. XCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Goodwill of Central and Coastal• If an LLC, list all member's names: N/A If a CORPORATION, list the the names of all officers,directors, members, trustees, etc. below: (Attach list if necessary) Please see attached. (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity z relationship with the Applicant: (Attach list If necessary) Please see attached. See next page for Information pertaining to footnotes1 and 2 • a SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only If property owner Is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. lk 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:Southern Bank and Trust Compel If an LLC, list the member's names:N/A Page 2 of 7 Goodwill of Central and Coastal Virginia, Inc. Agenda Item 2 Page 12 Disclosure Statement Virginia seedy If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) Please see attached. (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list If necessary) Please see attached. I °Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 °Affiliated business entity relationship' means °a relationship, other than parent-subsidiary relationship, that exists when(I)one business entity has a controlling ownership Interest in the other business entity, (ii)a controlling owner In one entity is also a controlling owner In the other entity,or (lin there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entitles' See State and local Government Conflict of Interests Act, Va.Code§ 2.2-3101 a SECTION 3. SERVICES DISCLOSURE e Are any of the following services being provided In connection with the subject gf the Application or any business ooeratino or to beoperated 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 Goodwill of Central and Coastal Virginia, Inc. Agenda Item 2 Page 13 Disclosure Statement APPLICANT i PROVIDER hiss amnions]sheiks If YES NO SERVICE r raetledt ❑ ® Accounting and/or prepartr of your tax return _ Architect/Landscape Architect/ Cardinal Sign Corporation • ❑ Land Planner Penete&Young ❑ Contract Purchaser(If other than ® the Aoolicant)-identify purchaser and purchasers service providers I Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ElConstruction on Contractors PG Hanla ❑ Engineers/Surveyors/Agents R.L Galloway,L.S.;ECS Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ▪ ❑ Legal Services Troutman Sanders LLP Real Estate Brokers / Cushman&Wakefleldffhalhimer ® ❑ Agents/Realtors for current and anticipated future sales of the subject property .. SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an Interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the Interest? N/A Page 4 of 7 Goodwill of Central and Coastal Virginia, Inc. Agenda Item 2 Page 14 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. C-911ms®- G, ./s a .t ya APPLICANTS SIGNATURE PRINT NAME DTE Page 5 of 7 Goodwill of Central and Coastal Virginia, Inc. Agenda Item 2 Page 15 Disclosure Statement OWNER Vi Virginia YES NO SERVICE PROVIDER(use sddhronn sheets it edem D ® Accounting and/or preparer of your tax return ❑ z Architect/Landscape Architect/ L Land Planner Contract Purchaser(if other than ❑ i the Applicant)-identify purchaser and purchaser's service providers i Any other pending or proposed El ® purchaser of the subject property I (identify purchaser(s)and purchaser's service providers) n ® Construction Contractors ❑ IA Engineers/Surveyors/Agents Financing(include current • ❑ � mortgage holders and lenderseel selected or being considered to provide financing for acquisition or construction of the property/ ❑ ® Legal Services Real Estate Brokers/ S.L.Nusbaum Realty Co. Icl n Agents/Realtors for current and W 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? N/A Page 6 of 7 Goodwill of Central and Coastal Virginia, Inc. Agenda Item 2 Page 16 Disclosure Statement Decuslgn Envelope ID 199ADAM-06534DBbA36Da05DF651137c Yugnia Hach ICERTIFICATION: 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 �Igjl Tatler Namll Taylor Harrell 9/22/2017 RROP:RiS�LNnLNATURE PRIM NAME DATE Page 7 of 7 Goodwill of Central and Coastal Virginia, Inc. Agenda Item 2 Page 17 Disclosure Statement Conditional Rezoning Application of Goodwill of Central and Coastal Virginia,Inc. Supplemental Disclosure Sheet Southern Bank and Trust Compan V Officers: 1.Grey Morgan(Chairman of the Board and Chief Executive Officer) Drew M.Covert(President) Dan R.Ellis,Jr.(Executive Vice President,CFO,Secretary,'Treasurer) Jerry C.Alexander(Executive Vice President) Michael T.Bryant(Executive Vice President) L.Taylor Harrell(Executive Vice President) Gregory A.Shackelford(Senior Vice President) Directors: J.Grey Morgan Olivia B.Holding Julian R.Aycock Michael S.Ives William H.Bryan G.Rouse Ivey Joel K.Butler M.J.McSorley Michael L.(:hestnutt John C.Pegram,Jr. Hope H.Bryant Thomas R.Sallenger Drew M.Coven Malcolm R.Sullivan,Jr. Affiliate: Southern BancShares(N.C'..),Inc. Goodwill of Central and Coastal Virginia.Inc.: Officers: Charles D.Layman(President and CEO) Andrea Butler(Vice President) Bill Carlson(COO) John Dougherty(Vice President) Scott Warren(CFO) Directors: Christopher E.Rouzie Richard Coughlan Maria P.Rasmussen Wesley H. Watkins 'Phomas C.Kleine I.Morgan Davis J.Charles Link David Nelms Benjamin C.Ackerly Nhu Yeargin Lindsey F.Barden Leslie Taylor R.Russell Coleman,Jr. Bradford B.Sauer W.Scott Sims Robert M.Tata Affiliates: Goodwill Services,Inc.;Goodwill Industries International, Inc. Goodwill of Central and Coastal Virginia, Inc. Agenda Item 2 Page 18 Item#2 Goodwill of Central and Coastal Virginia, Inc. Conditional Rezoning 1124 First Colonial Road District 5 Lynnhaven November 8,2017 CONSENT An application of Goodwill of Central Coastal Virginia, Inc.for a Conditional Rezoning(0-2 Office to Conditional B-2 Community Business) on property located at 1124 First Colonial Road, District 5, Lynnhaven. GRIN: 2408-54-6615-0000. PROFFERS PROFFER 1: Use of the Property shall be restricted to the following uses: non-profit donation drop-off centers, offices, medical and dental offices and clinics,and financial institutions. PROFFER 2: Freestanding signage located on the Property(other than directional signage permitted under the City Zoning Ordinance)will be limited to the one (1)existing freestanding sign (the "Existing Freestanding Sign"),which shall be in substantial conformance with that depicted on the signage exhibit entitled "SIGN A: FREESTANDING SIGN EMBOSSED FACE CHANGE",dated July 25,2017,and prepared by Cardinal Item#2 Goodwill of Central and Coastal Virginia, Inc. Page 2 Sign Corporation (the "Freestanding Signage Exhibit"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Notwithstanding the prior sentence,the Existing Freestanding Sign may be replaced with a new freestanding sign (the"New Freestanding Sign")that is not in substantial conformity with that depicted on the Freestanding Signage Exhibit to the extent that the New Freestanding Sign (a) does not exceed eight feet(81 in height, (b) is monument style, (c) has a brick or stone base, and (d)is otherwise in compliance with applicable provisions of the City Zoning Ordinance(as modified by any variance approved by the appropriate authority). PROFFER 3: Signage on the primary structure located on the Property shall be in substantial conformance with that shown on the exhibit entitled "SIGN C:CHANNEL LETTERS ON RACEWAY",August 23, 2017,and prepared by Cardinal Sign Corporation(the "Building Signage Exhibit"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 4: Landscaping shall be installed on the Property in substantial conformance with that shown on the landscaping plan entitled "Goodwill First Colonial Landscape Plan," dated August 23,2017,and prepared by Balzer and Associates, Inc. (the"Landscaping Plan"),a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Item#2 Goodwill of Central and Coastal Virginia, Inc. Page 3 PROFFER 5: Outdoor storage shall not be permitted on the property. PROFFER 6: The Property shall be developed in substantial conformance with the conceptual site plan entitled "Physical Survey of#1124 First Colonial Road, Lot 2, Parcel A,Virginia Beach,Virginia for Southern Bank," dated December 14,2011,and prepared by R.L.Galloway, L.S. (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 7: During periods when the Property is used as a non-profit donation drop-off center, a drop box for after- hours donations shall be located to the rear of the front facade of the primary structure on the Property in a location approved by the Planning Department,which drop box shall be appropriately screened from adjacent public rights-of-way. PROFFER 8: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Item 142 Goodwill of Central and Coastal Virginia, Inc. Page 4 A motion was made by Commissioner Oliver and seconded by Commissioner Ripley to approve item 2. AYE 10 NAVO ABSO ABSENT 1 HODGSON AYE HORSLEY AYE INMAN ABSENT KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 2 for consent. Robert Beaman appeared before the Commission on behalf of the applicant. q .._ v4/ i 11 s CITY OF VIRGINIA BEACH ? .y INTER-OFFICE CORRESPONDENCE 4, /".-", In Reply Refer To Our File No. DF-9946 DATE: November 20, 2017 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson & DEPT: City Attorney RE: Conditional Zoning Application; Goodwill of Central & Coastal Virginia, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 5, 2017. I have reviewed the subject proffer agreement and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,VA 23462 AGREEMENT THIS AGREEMENT is made as of this day of , 2017, by and between SOUTHERN BANK AND TRUST COMPANY ("Southern Bank", and to be indexed as grantor), GOODWILL OF CENTRAL AND COASTAL VIRGINIA, INC., a Virginia non-stock corporation ("Goodwill", and to be indexed as grantor) (Southern Bank and Goodwill together referred to as "Grantor"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia(hereinafter referred to as the"Grantee",and to be indexed as grantee). WITNESSETH: WHEREAS, Southern Bank is the current owner of that certain property located in the City of Virginia Beach, Virginia, identified as GPIN No. 2408-54-6615-0000 (the "Property"), which is more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit A; and WHEREAS, Goodwill is the contract purchaser of the Property; and WHEREAS, Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from 0-2 to Conditional B-2; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation. Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-2 are needed to cope with the situation to which Grantor's rezoning application gives rise; and WHEREAS, Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 zoning districts by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which are generated by the rezoning; and WHEREAS, said conditions having been proffered by Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; GPIN NOS.: 2408-54-6615-0000 32972864v3 provided,however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers(collectively,the "Proffers")shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title,namely: 1. The use of the Property shall be restricted to the following uses: non-profit donation drop-off centers, offices,medical and dental offices and clinics,and financial institutions. 2. Freestanding signage located on the Property (other than directional signage permitted under the City Zoning Ordinance) will be limited to the one (1) existing freestanding sign(the"Existing Freestanding Sign"), which shall be in substantial conformance with that depicted on the signage exhibit entitled "SIGN A: FREESTANDING SIGN EMBOSSED FACE CHANGE", dated July 25, 2017, and prepared by Cardinal Sign Corporation (the "Freestanding Signage Exhibit"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Notwithstanding the prior sentence, the Existing Freestanding Sign may be replaced with a new freestanding sign (the "New Freestanding Sign") that is not in substantial conformity with that depicted on the Freestanding Signage Exhibit to the extent that the New Freestanding Sign (a) does not exceed eight feet(8') in height, (b) is monument style, (c)has a brick or stone base, and (d) is otherwise in compliance with applicable provisions of the City Zoning Ordinance (as modified by any variance approved by the appropriate authority). 3. Signage on the primary structure located on the Property shall be in substantial conformance with that shown on the exhibit entitled"SIGN C: CHANNEL LETTERS ON RACEWAY", August 23, 2017, and prepared by Cardinal Sign Corporation (the"Building Signage Exhibit"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 4. Landscaping shall be installed on the Property ib substantial conformance with that shown on the landscaping plan entitled "Goodwill First Colonial Landscape Plan," dated August 23, 2017, and prepared by Balzer and Associates, Inc. (the "Landscaping Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, 32972864v3 2 5. Outdoor storage shall not be permitted on the Property. 6. The Property shall be developed in substantial conformance with the conceptual site plan entitled "Physical Survey of#1124 First Colonial Road, Lot 2, Parcel A, Virginia Beach, Virginia for Southern Bank,"dated December 14, 2011,and prepared by R.L. Galloway, L.S. (the"Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 7. During periods when the Property is used as a non-profit donation drop-off center,a drop box for after-hours donations shall be located to the rear of the front façade of the primary structure on the Property in a location approved by the Planning Department, which drop box shall be appropriately screened from adjacent public rights-of-way. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of Grantor and Grantee. [Remainder of page intentionally left blank. Signature pages to follow.] 32972864v3 3 IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. GOODWILL: Goodwill of Central and Coastal Virginia, Inc., a Virginia non-stock kcorppoorration By: v/ r.-.- Zee- Name: �liiHsr 9 M4si, Title: 'aria/_ f- „Eo ONWEALTH/STATE OF ,✓/Kgr4,a. OUNTY OF ✓ete mond , to-wit: The foregoing instrument was acknowledged before me this .2 day ofQcfober 20 I/ , by Cha-/e.5 2 (GcSoyn , who is personally known to me or has produced as identification, in his/her capacity as P,ys,dgn/ -Ci of Goodwill of Central and Coastal Virginia, Inc., a Virginia non-stock corporation, on behalf of the company. pp L'/l/il4 90 CS- Notary Public My Commission Expires: )1/2oVpnr6y7 3o,.2O/g Registration No. 3(oa y San :aP {O' Wq� , Ue. G• u7367B22 :� 1 [NOTARIAL SEAL/STAMP] - RE jSStoN: .e i Mrf COMM -_c2; ▪ ix30l o15.7 / y,MNEAL1NOt;,. an....... 32972864,1 4 SOUTHERN BANK: Southern Bank and Trust Company By: 7 Z./ ---"/ Name: L. Taylor Harrell Title: Executive Vice President COMMONWEALTH/STATE OF V(TQ,a/ a' _ CITY/COUNTY OF /UOY�jk ,r , to-wit: The foregoing instrument was acknowledged before me this 6 day of August 20 i1 , by t•faijoY Harrell who is personally known to me or has produced 7 i 4 as identification, in his/her capacity as Edfl _._ of Southern Bank and Trust Company, on behalf of the company. Cis bz“- s Notary Public My Commission Expires: R-/ofi 1 3Df ?zit- Registration 1t- Registration No. '76386 0 I [NOTARIAL SEAL/STAMP] TAMMY SANSRURY NOTARY PUBLIC Commonwealth of Virginia Reg.#7038801 My Commission Expires April 30,2018 32179041v1 5 Exhibit A Legal Description of Property All that certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach,Virginia,being known,numbered and designated as Lot 2,consisting of 31,548 square feet, as shown on that certain plat entitled "Subdivision of Parcel "A", Physicians Professional Center, Inc., Map Book 82, page 20, Lynnhaven Borough-Virginia Beach, Virginia,dated March 15, 1987", and recorded in Deed Book 2661, at page 168. 32972864v3 6 p 1 [ELI J lik- 111E7 1.1 T I• I St .:-.7117C4. 1 ' . i -. ein t—i , Ir I9 �-^ _ I ...■ • ■ - _ 4.. .... y '; IO --1 I .: : , 1. _ _ . __ . H__ _-r I': "7 tg-: 4.... CL 0 .i I il : i ; I N... :41 .... .,4 ...24 L.• 4- - i'-==rt4 / i /or !I - ..'• ilp -4 .: ' 1-,. 'Lair" II 1 1 if --•II i t1 Loo. ; ' , '' * a.__ - - . Alr.7__ . -irrgr-I ------- -- - - -. 1 /.\:. 1114'.\ ''-.. ill%Lit . ' a' - 4 '17 cq zko N4414..,it,44444.:. s,.ji. Nit r 1 W 1'c I \\ I:). risk rt-bILL. -it 1 so 4 i ly, „„ „ , 14 it I,' I li tI Ik1/4 .•\sti 0111 11444=ME I ' 11 II* 1, ' L 1 , %Ss re oa . , • .r.� a 011111111611 1 . . . ..,., vim......, Will • N a a - & iiik. r 1 WIMP5 I I\N l'.)-......_1 I r:I7 :-fes-. [ I rong,,z, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH [Applicant & Property Owner] Conditional Change of Zoning (I-1 Light Industrial & R-2.5 Residential Districts to Conditional I-1 Light Industrial District) at the property located at 373 & 411 S. Birdneck Road (GPINs 2417411312, 241740872, & portions of 2417317606 & 2417203629), COUNCIL DISTRICT— BEACH. MEETING DATE: December 5, 2017 • Background: The City of Virginia Beach is requesting to rezone 69.35 acres of R-2.5 Residential and I-1 Light Industrial zoned property to Conditional I-1 Light Industrial in order to redevelop the site with a nearly 500,000 square-foot manufacturing facility that will produce electromechanical batteries and military components. The Owls Creek Golf Course operated on this property until 2016. The submitted front elevations of the proposed building reflect a contemporary industrial design. The proposed 48-foot tall building consists of two sections. The front section will be approximately 114,000 square feet, two stories in height and will contain space for offices, labs and storage. The rear 390,000 square feet of the building will be used for manufacturing. The nearly 500 parking spaces depicted on the concept plan exceed the minimum parking requirement of 370 as required by the Zoning Ordinance for a manufacturing facility with up to 370 employees per shift. • Considerations: The Comprehensive Plan recognizes this site as within the Special Economic Growth Area 1 - East Oceana (SEGA 1). Policies for the eastern portion of SEGA 1 recommend low intensity light industrial uses (and limited retail) with significant buffers to shield the surrounding residential neighborhoods from intrusive impacts. This coincides with the Planning Commission's suggestion that additional plant material be installed between the parking lot and Birdneck Road. A revised landscape plan has been submitted that depicts additional trees and shrubs on the site. An additional proffer has been added that stipulates that if at any point a traffic signal is requested by the end user, if approved by Traffic Engineering, that the signal shall be designed and installed at the end user's expense. The property is also located within the Historic Seatack and Vicinity Suburban Focus Area(SFA) 9, and the use is consistent with the recommendations for the SFA. The City of Virginia Beach Page 2 of 2 The site is located within the Greater than 75 Noise Zone and within the Accident Potential Zone 2. The proposal is compliant with the uses deemed compatible in Article 18 of the City Zoning Ordinance, and Staff has received a letter of compliance from the Navy stating that the proposed use is compatible with the restrictive easement that encumbers the property. It is anticipated that this facility will generate nearly 1,100 jobs, providing employment opportunities for both nearby residents and residents throughout Virginia Beach. The Department of Economic Development met with several members of the Seatack community to discuss the redevelopment of the site and a second outreach meeting was held to address concerns raised at the Planning Commission public hearing. There were four speakers in support at the Planning Commission public hearing, and five speakers in opposition who noted concerns related to the potential for increased traffic and crime, lack of public notice, the negative impact to both property values and wildlife, the perception of the existing abundance of vacant industrially-zoned property in the city, and the potential proliferation of industrial rezoning requests for properties in the vicinity. 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 10-0. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departm- • • • tency: Planning Department, • ;NI Fre?AA City Manager: mi+. Applicant &Property Owner City of Virginia Beach Agenda Item Public Hearing November 8, 2017 City Council Election District Beach 7 City of Virginia Beach 3tii. ., ,, 11 Request ' aw�...r,w... �..ow .e.we -tk � _ Conditional Rezoning(R 2.5 Residential & I 1 '*,y I. ty Light Industrial to Conditional I-1 Light ` ii i. 4 Industrial) 6..4.•K".4 S Staff Recommendation Approval 0.Y4..".. Staff Planner Jimmy McNamara 1 `{ Z Location t. ,• 373 & 411 S. Birdneck Road and adjacent �s.Nw^�..�1 �° parcels 1. GPINs , 2417411312, 241740872, & portions of 2417317606 & 2417203629 Site Size 69.35 acres AICUZ Greater than 75 dB DNL;APZ 2 " rnmrn'u�,T 0 : ` •A* •Watershed Chesapeake Bay 4su,rit,hr,sacut, ,,. �� , *n'l:�rinrf?Rnn Existing Land Use and Zoning District 01'�` Golf course, vacant/R-2.5 Residential, I-1 Light Industrial l i SurroundingLand Uses and ZoningDistricts t�:5l. r,�� t ----`'',V. , .' k't uu, .. North Virginia Beach Animal Control &Adoption ' ‘ Center, wooded area /B-2 Community ,- :: ' It Business, I-1 Light Industrial a , r South '-z,,:vl. Golf course /AG-1 Agricultural East S. Birdneck Road Single-family dwellings /R-10 Residential West Borrow pit/ 1-1 Light Industrial City of Virginia Beach Agenda Item 7 Page 1 Background and Summary of Proposal • In 1987, a Conditional Use Permit was granted for the Owls Creek Golf Course on the property, and operated on the site until 2016. In late 2016, the City of Virginia Beach Department of Economic Development solicited Requests for Proposals for the reuse of this almost 70-acre site. As a result of that effort,the City of Virginia Beach is requesting to rezone 69.35 acres of R-2.5 Residential and I-1 Light Industrial property to Conditional I-1 Light Industrial in order to redevelop the site with a nearly 500,000 square-foot manufacturing facility that will produce electromechanical batteries and military components. The area to be rezoned currently consists of four parcels that will be resubdivided to create the 69.35-acre site. • One point of ingress/egress is proposed along S. Birdneck Road. This point will be equipped with a gate that will remain open during normal operating hours, and will be closed during weekends when the facility is closed. • An eight-foot tall monument sign with a brick base is proposed at the entrance into the site from S. Birdneck Road. • The nearly 500 parking spaces depicted on the concept plan exceed the minimum parking requirement of 370 as required by the Zoning Ordinance for a manufacturing facility with up to 370 employees per shift. • A service road is proposed around the building to provide adequate access for fire protection. A loading dock area is depicted behind the front facade of the building, as to screen it from the right-of-way. Access to the loading dock area will be controlled by a guardhouse and gate. • A 15-foot landscape buffer planted with a mixture of evergreen, deciduous and understory trees, as well as deciduous shrubs and ornamental grasses, is proposed along S. Birdneck Road. A decorative aluminum black fence, six feet in height, is proposed directly behind the plant material. As this fence is taller than the four feet that is permitted by-right within the front yard setback, a deviation for encroachment into the setback with the fence is requested. • The concept plan also depicts the required interior parking lot landscaping, as well as foundation plantings along nearly the entire front facade of the building. The planting requirements will be reviewed in more depth during the formal site plan review process. • The existing stormwater management facility located on the western portion of the site is proposed to be enlarged to provide additional capacity for the increase of impervious surfaces on the site. • The proposed 48-foot tall building consists of two sections. The front section will be approximately 114,000 square feet, two stories in height and will contain space for offices, labs and storage. The rear 390,000 square feet of the building will be used for manufacturing. • The submitted front elevations of the proposed building reflect a contemporary industrial design with staggered projections and a change of color and materials to provide visual interest. The proposed entryway features flat metal awnings and cornice molding along the roofline. Much of the front facade consists of non-traditional glass windows, with a predominance of concrete panels proposed on much of the exterior of the building. • It is anticipated that this facility will generate nearly 1,100 jobs and that eventually the manufacturing operation will be open 24-hours a day, with up to nine shifts. • The site is located within the Greater than 75 Noise Zone and Accident Potential Zone 2. As no chemical manufacturing, petroleum refining or rubber or plastic product manufacturing will take place on the site, the City of Virginia Beach Agenda Item 7 Page 2 proposed use is compatible with the uses listed in the Land Use Compatibility tables in Article 18 of the Zoning Ordinance. • In addition to the limited uses permitted on the site due to the noise zone and accident potential zone, the Navy holds a restrictive easement on the site. zi• K+c� ,r_nm, - Zoning History k:� t �R i-� ,: '41P? # Request tit{ :1i35iau. L 1 CUP (Outdoor Recreation Facility)Approved 01/12/1987 midis r71.. �: 1111>l p .,., , P-t P ��— t!-• CUP(Outdoor Recreation Facility)Approved 05/25/1993 WM= , P-1� 2 CUP(Filling a Borrow Pit)Approved 04/10/2007 1 • CUP(Borrow Pit)Approved 02/22/1994 Pi, 3 CRZ(I-1 to Conditional AG-1)Approved 04/24/1978 w,a� 10•, �//.1,-y t'2 I uIff 11 4 CUP(AutomobileRepairGarage)Approved 10/23/2001 /,�// CRZ(Conditional B-1&AG-1 to Conditional 11) - j._ Approved 11/10/1998 0 R-10 Vint". CRZ(I-1 to Conditional B-1&AG-1)Approved AG- 05/27/1997 tiIlh4 CUP(Animal Hospital)Approved 05/27/1997 � _R-10 5 CRZ(R-10 to Conditional I-1)Approved 12/11/2007 •j / rte �.1 • CUP(Bulk Storage Yard)Approved 12/11/2007 - 3.'' CUP(Outdoor Recreation Facility)Approved 02/09/1987 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations This site is designated in the Comprehensive Plan as being located within Suburban Focus Area 9: Historic Seatack. This area is thought to be the oldest African-American settlement in Virginia. Seatack is an integral part of the Resort Area, and while primarily a residential community with supporting religious institutions and public facilities, it also includes some businesses and light industry. Much of the SFA is constrained by the Special Flood Hazard Area, AICUZ restrictions, and Navy restrictive easements. Recommendations for this area include having all new development adhere to Article 18 of the Zoning Ordinance concerning AICUZ restrictions, be compatible with existing residential areas, have significant landscape screening buffers between existing residential areas and new non-residential development, and design stormwater systems to not negatively impact adjacent parcels. City of Virginia Beach Agenda Item 7 Page 3 • The property is located within the Greater than 75 Noise Zone and within Accident Potential Zone 2. As no chemical manufacturing, petroleum refining or rubber or plastic product manufacturing will take place on the site,the proposed use is compatible with the uses listed in the Land Use Compatibility tables in Article 18 of the Zoning Ordinance. In addition, the end user has obtained a compliance letter from the Navy in regards to their operations, affirming that the proposed use of the site is compatible with the terms of the restrictive easement. • The proposed improvements are located outside of the Resource Protection Area, the more stringently regulated portion of the Chesapeake Bay Preservation Area, and are outside of the FEMA designated floodway. The proposed building is located on a small portion of manmade ditches which fall within the Special Flood Hazard Area, however, filling these areas is permitted. • As part of the outreach for this project, the Department of Economic Development met with members of the Seatack community to discuss the proposed use of the site. The consensus of this meeting was positive and many of the community members present supported the proposed reuse of the site. The proposed concept plan depicts a robust landscape buffer that is at least double the minimum amount of plant material required by the Virginia Beach Landscaping Guide. The additional plant material will enhance the "curb appeal" of the site and screen the parking lot from right-of-way and from the existing neighborhood across Birdneck Road. A traffic assessment was submitted and reviewed by Traffic Engineering that stated the facility would have their employees distributed over nine equal shifts during each day. As such, a traffic signal at S. Birdneck Road would not be required. However, if this shift schedule were to be altered, a traffic signal could be warranted. As such, Staff recommends a reconsideration of the traffic analysis if the proposed nine equal shifts is altered such that any required traffic signal would be installed at the operator's expense. Staff agrees with the recommendation of the traffic assessment that a right turn lane should be added along S. Birdneck Road. In addition to the above, the potential 1,100 jobs that will be created by this use will benefit not only many of the residents in the immediate area, but also for residents throughout the City of Virginia Beach. Based on the considerations above, Staff recommends approval of the request subject to the proffers below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, the site design shall be substantially in accordance with the Plan titled, "Conceptual Site Plan for Owls Creek Industrial Building," dated October 9, November 17,2017, prepared by Kimley-Horn and Associates, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter the "Site Plan"). Proffer 2: When the Property is developed, the design of the building shall be substantially in accordance with the Building Renderings titled "Renderings 1 through 34 for Owl's Creek Industrial Building," dated October 2November 14, 2017, prepared by HBA Architecture & Interior Design, Inc.,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter the "Building Renderings"). City of Virginia Beach Agenda Item 7 Page 5 Proffer 3: When the Property is developed, the landscape design of the site shall be substantially in accordance with the Plan titled, "Conceptual Landscape Plan for Owls Creek Industrial Building," dated October 9November 17, 2017, prepared by Kimley-Horn and Associates, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter the "Site Plan"). Proffer 4: When the Property is developed, a new southbound right turn lane with the appropriate storage and taper lengths along the frontage on Birdneck Road will be dedicated and constructed. Proffer 5: As depicted on the Site Plan, a 6-foot tall aluminum security fence will be installed along the perimeter of the property where adjacent to the right-of-way. The fence will be installed 15 feet from the Birdneck right of way and provide landscaping on the right-of-way side of the fence. Proffer 6: If at any point the end user of the site requests a signal to be installed, a traffic study shall show the traffic generated from the site warrants a signal. With these conditions met, and after approval is given fora traffic signal by the Public Works Traffic Engineering division, the end user shall be responsible for the design and construction of the signal at their expense. Any such signal design shall require approval from Public Works —Traffic Engineering. Proffer 7: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: The submitted proffers are acceptable and provide confidence that the site will be developed as depicted on the submitted site layout and as depicted on the submitted building elevations. 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. 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C la I � a,LI m s'. 76 , irtj .' {.. 14T1 r v, is 0 C I �J t{ U Ii ► N vrii I r o ° L I 1 4— O I M t L El ., \ -.C „ (3.) City of Virginia Beach Agenda Item 7 Page 11 Proposed Elevations **Updated since 11/8/2017 Planning Commission hearing to reflect additional plantings requested i; I 4 I Jl K C.. 1 I r b0 C } k m ,F, , . C N F� w UL I N �1.'1 - i 0 O. I O7 C 4.,,? is / ^E City of Virginia Beach Agenda Item 7 Page 12 Site Photos �• Si ..ter . 4` wl� City of Virginia Beach Agenda Item 7 Page 13 Disclosure Statement Cfrµinla Rexrh APPLICANT'S NAME City of Virginia Beach 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: p_ Acquisition ion of Property Properton of City ' Modification o of by City Property '�, Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception For (EDIP) Board of Zoning Encroachment Request 1 Rezoning Appeals _ Certificate of ' r Floodplain Variance ^I 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 lof7 ❑ f vn, ANI NON!110 nrnRINt nnn ens or IiI 1i:-/R7 aryl Jimmy McNamara RI uio ,SUPAII on City of Virginia Beach Agenda Item 7 Page 14 Disclosure Statement w VlegWa Headt ® Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here If the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: .. If an LLC, list all member's names: If a CORPORATION,list the the names of all officers,directors,members, trustees, etc.below: (Attach fist 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 w footnotes) and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner it different free Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. D Check here if the PROPERTYQWNER ISa corporation, partnership,firm, business,or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name- if ameIf an LLC, list the member's names: Page 2 of City of Virginia Beach Agenda Item 7 Page 15 Disclosure Statement T*ugiala a,0 If a Corporation, list the names ofall officers,directors, members,trustees, etc. below: (Attach list if necessary) (8) List the businesses that have a parent-subsidiary s 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 SO percent of the voting power of another corporation.* See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 'Affiliated business entity relationship means 'a relationship, other than parenssubsidiary relationship, that exists*ben 11)one business entity has a controlling ownership Interest in the other business entity.(il)a controlling owner In one entity is also a controlling owner in the other entity,or (Illi there is shared management or ontrol 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 entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there Is othenMse a close working relationship between the entitles'See State and Local Government Conflict of Interests Act. Va.Code 4 2.2.3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any Item is YES, please Identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELV Page 3 of 7 City of Virginia Beach Agenda Item 7 Page 16 Disclosure Statement iW APPLICANT Virginia Beach v r ' PROVIDER fuse additional sheers n ' YES NO SERVICE maned) C ® Accounting and/or preparer of your tax return ® ❑ Architect/Landscape Architect/ HBA Architects Land Planner Contract Purchaser Of other than El Z th A II tl-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchasers service providers) _ ❑ 1 Construction Contractors ® r Engineers/Surveyors/Agents Himky-Ham 8 American Engineering Financing(include current O ® mortgage holders and lenders 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 j subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ® ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the intereseThaJIV L. NA. l"-W tJ , C1? 7 \\\ . The land owner of the subject parcels is the City of Virginia B h. U Page 4 of 7 City of Virginia Beach Agenda Item 7 Page 17 Disclosure Statement l rginie Beach CERTIFICATION: I certify that all of the Information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application � ,( 1 tE Rood W Il(ams JY. APRIGNi'S SIGNATURE PRIM NAME DATE. ' Page 5 of 7 City of Virginia Beach Agenda item 7 Page 18 Item#7 City of Virginia Beach Conditional Rezoning 1-1 Light Industrial & R-2.5 Residential to Conditional I-1 Light Industrial 373 &4115. Birdneck Road District 6 Beach November 8, 2017 REGULAR Bob Thornton:The next order of business,we will call items that will be on our main agenda. Jan Rucinski: Okay. Thank you. Our first item to be heard today is the City of Virginia Beach. An application of the City of Virginia Beach for a Conditional Rezoning(I-1 Light Industrial and R-2.5 Residential to Conditional I-1 Light Industrial) on property located at 373&411 S. Birdneck Road, District 6, Beach. Do we have a representative? If you could please, state your name for the record? Randy Royal: Certainly. Randy Royal, Kimley Horn, and, I am representing the City of Virginia Beach, Economic Development Department. This was the old Owl's Creek Golf Course and we're looking to rezone. It is currently zoned I-1 Light Industrial and part of it is R-2.5 Residential. We would like to rezone it to Conditional I-1,for a use that we have in mind, an environmentally friendly high tech and unnamed,at this portion manufacturer that is going to revitalize the property. It is unnamed because it is confidential. It's the Governor's initiative and we're anticipating him announcing it probably next week or so, but we don't have a date, but for now that is all that I can tell you as far as the developer. But I am representing the City on this.What is proposed is a 500,000 square-foot manufacturing facility Item#7 City of Virginia Beach Page 2 that will create 1,100 jobs with an average salary of$70,000.The owner has met with, in addition to Economic Development, met with the Seatack community Leadership and committed to a program to help train folks in that neighborhood,so they can quality for some of these over 1,000 jobs that are going to be created right just south, immediately adjacent to Seatack. Obviously it creates a tax base for Virginia Beach. The property will be sold to this manufacturer as opposed to being a tax exempt property, so a tax base and jobs are going to be created. The property itself is encumbered by a Navy air right easement, which severely limits to what can be done on it. This particular use has been fully vetted with the Navy. The Navy has provided us with letter saying this is an acceptable use. I think you got a couple of people from Seatack like Gary McCullum and George Minns that are going to speak to you this afternoon after me. But again, I believe you're going to hear they are fully in support of this project. Traffic has been a concern for some people.We've done a traffic study. We've gone over it with Staff.The concern being 1,100 workers all coming out at once and that could be a huge problem. There are three shifts, and even with three shifts,they are divided into three separate shifts within them such that you don't have all of those people coming out at once. It really is more like 9 shifts based upon that. We do not have a need for a traffic signal. We do not anticipate a problem.What we did derive from the traffic study was we need a right turn lane and that is one of the things that we proffered so that we don't slow down traffic or hinder it in any way on Birdneck Road. Birdneck Road by the way is about 50 percent capacity,which is very,very good,a Level of Service C. So,there is plenty of capacity there. We do not anticipate a problem. I've heard the noise might be an issue. This is very quiet use. The other industrial uses and, I believe there are,about 75 companies on the west side of Birdneck Road. The east side has got some residents. The west side has got some industrial, but there are a lot of users there.They are all fairly closer to the road. I can't say whether they are noisy or not, but they are closer to the road. We're about 300 feet, about a football field away from the road, and in addition to that distance, it is a very quiet use. I don't anticipate the neighbors hearing anything from this use. The building,we've proffered renderings. We've shown you that. The owner is committed. I Item#7 City of Virginia Beach Page 3 mean,yes, it is a half-million square foot facility in the back.The front though is the office space. It is a two story building. It's got a lot of architecture features.The manufacturer,the guy that is doing the development is committed. I mean he and his wife would very much like for this to have a very nice looking building. It's not just a box. So between that and heavily landscaping the front,the parking lot, the front of the building, it is going to be a nice looking building across from it as opposed to, and I don't want to call out the other users, but there are a lot of boxes.They are just plain metal buildings along Birdneck Road.This is going to be a very attractive building. It will be a big one. We're going to do what we've propose to do. We've proffered conditions to assure you of that. If there are other concerns from the neighbors, I'll stand by to address them. A representative of my client, Economic Development, is here to speak. As I said, I think the Seatack folks are here to speak. And thank you for your time. Bob Thornton: Are there any questions for Mr. Royal? Thank you. Randy Royal: Yes sir. Jan Rucinski: Okay. Our first speaker in support is Gary McCollum. Gary McCollum: Good afternoon. I think most of you know I'm Gary McCollum. I've been in their community here in Virginia Beach for about a dozen years. I was asked about a year ago by the Seatack Civic league to be a representative for the community to work with Economic Development on the use of this property. And,over that year, Warren Harris and that team looked at several different opportunities that might come to Owl's Creek and I can tell you that none of those matched what's on the table today. As was mentioned, we have been meeting with the proposed owner of this facility, even though the name is not being talked about now, but we had a meeting with community leaders in Seatack on October 9, 2017. That meeting went extremely well, obviously, the idea of having an entity Item#7 City of Virginia Beach Page 4 that is going to create that kind of economic vitality for that community with a promise that the citizens of that community could participate in some of the hiring and the training.That's currently something that resonated while in that meeting. There were some concerns about the traffic obviously, but at the same time we believe that because of the number of shifts that we will have in this facility that those issues can be worked out. There was also some concern about just the aesthetics of the building and how it would it fit within that historic community, but as you can see from the proffers,we believe that those issues can also be worked out. So, I'm delighted to be here and say that based on what we've seen and based on the meetings that were there with the leadership within Seatack,while there are still a couple of issues,we feel that we can support this initiative. Thank you very much. Bob Thornton: Are there any questions for Mr. McCollum? Thank you sir. Jan Rucinski: Okay. Our next speaker in support is E.George Minns. George Minns: Good evening members of the Planning Commission. It's been a while.And I'm pleased today to be here in good spirit. As Mr. McCollum has indicated, I'm E. George Minns. Let me say that for the record. The board of Directors of Seatack Community Civic league, 190 year old Civic League, I recommended to the Board that they appointment Mr.Gary McCollum as the Economic Development Representative because he is more familiar with that. That has worked very well for the community. Yes, October 9, 2017, we had a meeting at New Jerusalem Church with all the pastors there, Pastor of sister churches, even as far as Mt.Zion were there as well because they have parishioners in the community .The meeting went very well. We met with the owners,and we are very in favor of this. Yes,there is a concern over traffic, but I think the long right turn lane will serve well, and of course,with Mr. Gary McCollum's leadership, I believe whatever other concerns they can be worked through. So,we would ask your approval of this today. Item#7 City of Virginia Beach Page 5 Bob Thornton: Thank you sir. Are there any questions of Mr. Minns?Thank you. Jan Rucinski: Our next speaker Curt Clarke. Curt Clarke: Good afternoon. Jan Rucinski: Could you state your name for the record? Curt Clarke: Curt Clarke. I reside at 1000 Clarissa Court. I live directly across the street from this property in question. I'm a retired Marine, served 26 years. My family has been there since 2008 so it is coming up on 10 years. So, I'm definitely tentatively in support of this with some of the same concerns that were address earlier with regards to the traffic ensuring that the things that are being proposed are actually going to come to fruition.When it comes to the environmental concerns that were already addressed, saying that is nothing that we should be concerned about,those are some of the reservations that I would have in regard to being concerned. I am definitely for the job opportunities that would be afforded to Virginia Beach along with the Seatack residents. I think it is definitely something that is positive,and it is my strong point in regards to supporting this but with those other items, making sure those things are addressed, and taken care of, so; we as continue to work with Mr. McCollum to ensure that everything is on the up and up, for a lack of better words. That's all that I have. Bob Thornton: Any questions of the speaker? Thank you sir Curt Clarke: Thank you. Item#7 City of Virginia Beach Page 6 Jan Rucinski: Our next speaker is Eddie Bourdon. Eddie Bourdon: Mr. Chairman, for the record, Eddie Bourdon, a Virginia Beach attorney. I represent both Nancy Braithwaite, who owns the balance of what was the Owl's Creek Golf Course. The Owl's Creek Golf Course is not all on the City's property. And her property is to the south. And, so; Mr.Jim Sykes,who owns adjoining property to the north,and I'm speaking on both of their behalves on this one point,they totally support and applaud the opportunity that this rezoning reflects and represents. I had the opportunity long with Ms. Braithwaite to meet with the perspective purchaser of the city property quite a number of weeks ago,and it is an exciting project. Having said that, and being totally in support of the application, because my client's property was a part of the golf course,and when the developer closed,we had agreements with Economic Development that they would put a RFP and we went through the process, and there cooperation but we don't have any access to Birdneck Road,and we want to make it very clear that because we didn't know anything about this application until two weeks ago. We found out from a third party. No one met with us to tell us that an application had been filed. We met with the perspective purchaser.There were no plans. He was just talking about that his vision was, so we are kind of in the dark and caught off guard when we found there was an application. So, the subject project property that my client owns to the south, is not zoned industrial and we will more likely be coming in to seek to rezone that to industrial. It may be that some arrangement is made. The individual already indicated an interest in possibly leasing some of my client's property.That may come to fruition. We don't know.We are here not in opposition, but to make it very clear that we will have impacts to have access to Birdneck Road if something doesn't turn out that he desires, and he wants to acquire some of Ms. Braithwaite's property, and that is an industrial use with another access. And typically in the private sector,we have to go and meet with the neighbors and people want to have shared access and city wants to encourage that, so I just want to make it very clear that is potential. Item#7 City of Virginia Beach Page 7 Again it will have a second access to Birdneck Road. The other thing there is a lot of interconnected drainage for which there are no drainage easements.There is a nice picture on the big pond on the exhibits that you have that is on property on the property of the City's privately owned. My client's property and that's for a golf course and not for industrial development. And lastly,we appreciate the request that this application hooked into the HRSD Forest Main. The Braithwaite property which is 90 acres within the HRSD easement,and was put in years and years ago. Mr. Braithwaite was alive at the time had made a deal with HRSD as far as the easement was concerned to have it tap on our property. I presume that exists on the City's property, but obviously you aren't going to imposition to use the tap water on the Braithwaite property. But we appreciate the efforts,and think this is a great project. I just wanted to make sure that everything was on the record with regard to the property chase. Bob Thornton: Any questions for Mr. Bourdon? Thank you sir. Eddie Bourdon: Thank you. Jan Rucinski: Our next speaker is Rob Hudome? Rob Hudome: I'm with Economic Development. I'm here just for any questions. I'm not going to speak unless anybody has any questions. Jan Rucinski: Thank you.Our first speaker in opposition is Robert Bautista. I apologize if I pronounced it incorrectly. Robert Bautista: You didn't hurt it at all. I'm used to it. Thank you guys for letting me come up here. To be honest.... Item#7 City of Virginia Beach Page 8 Jan Rucinski: State your name for the record. Robert Bautista: Robert Bautista. I'm a resident on Owl's Creek Lane. I want to thank you guys for letting me come up here. I actually just found out about this last night, so I wasn't able to really find much about this in a short period of time. But I'm just going to tell you what Owl's Creek is to me. First, of all,the Virginia Beach Beautification Program, it seems like you guys are doing a great job especially in that area. That is one of the last areas of wilderness. In my backyard,there is every type of animal that you can believe.You would not think there was a wilderness here in Virginia Beach. When I moved in to there, I was amazed, and as I build my house,there were baby foxes playing in my backyard,and as I leave my house every day,there is a big Osprey nest that sites over top of Owl's Creek Golf Course and I've watched multiple Osprey have babies in that nest over the last couple of years. And as I sat there and listened to this, I see they want to make this an industrial area. When we have many industrial areas already here in Virginia Beach,we have many empty warehouses off of International parkway that could really handle a type of business like this,and still keep the 1,100 jobs in Virginia Beach. But also,there is a ditch that leads directly from this area,and this ditch goes directly into Owl's Creek. This ditch goes right down the back of my house. I can't see how putting in a big manufacturing plant, bringing in 1,100 cars per day. I hear traffic is going to be fine. Nine shifts, 1,100 more cars per day. With those cars, comes environmental impacts,as well, I just think that,you know,Virginia Beach has less and less wilderness,and this is an area where there is truly wilderness. The big picture, it looks great up there, but this is the picture we see of Owl's Creek. Every day and every afternoon, as the sun sets,that is the picture. This and the wildlife that's there on Owl's Creek Lane. I just think there is a better place to be industrial. And what we just learned from the last speaker is,once this spot is rezoned for industrial use, it seems like the rest of it is going to have to be as well.So, we're not just voting on this spot. It seems like we're voting on the whole plat of land. I don't know if anybody has ever walked back there but Item 47 City of Virginia Beach Page 9 there are memorial benches around that lake back there. There is a beautiful trail where the people from the animal center walk the dogs around the lake and people go back there and fish. IT's really one of the last wildernesses right in the center of Virginia Beach.That's my point and thank you guys. Bob Thornton: Any questions for Mr. Bautista? Karen Kwasny: Can I ask him a question? Bob Thornton: Sure. Karen Kwasny: Where are you looking in relation to subject sites?There is a pointer there. Bob Thornton: There is a laser pointer right there. Robert Bautista: I think the battery is dead. Probably right here. I will say also that it was mentioned that the actual plant will be about 300 feet from the road. Well,that makes it probably around 360 feet from people's homes. Thank you. Jan Rucinski: Our next speaker in opposition is Cheryl Walsh. Please state your name for the record. Cheryl Walsh: Hi. My name is Cheryl Walsh. I live at 1008 Carissa Court,which is directly across the street from the proposed area. I'm also a certified residential appraiser,so I appraise real estate, so,one of my main concerns is to my property value. I am concerned about the traffic as well. Now,earlier it was stated that Birdneck Road is only at 50%capacity but when I was looking at this sheet here, its agenda item 7, page 4, it says"the existing land use, the generated traffic as is 643 ADT. Proposed land Item 47 City of Virginia Beach Page 10 use would be 2,343 ADT. Now that's quadruple of what it is now. So, 50%capacity but the proposed land use is going to quadruple then that puts this at 200%capacity by these numbers. So;traffic is a major concern to me. As is,where I live, I have to make a U-turn at Owl's Creek Road to get to my house. It is really difficult at rush hour already as is, so I can't even imagine we're adding this additional traffic how I'm going to U-turn without traffic signal to my home. Noise,they said they don't anticipate noise being a factor. I mean,they don't anticipate it, but I would really like more of a guarantee than that. I'm directly across the street. The additional traffic will,of course,create noise. When I purchased it, I purchased it because there was a golf course across the street. I have a part to my backyard whenever it is really pretty. Its green lined. I believe Mr. Bautista. I love just the nature around it. I would really have loved to see that property developed to be more cohesive with what it is now. More nature oriented. I'm a big fan of nature and natural beauty, and I wouldn't have bought there if I had known this was going to happen. I mean, I didn't expect a golf course to go out of business. I am worried about the precedent that it sets. We allow this manufacturing facility to go up.There are other areas on Bird neck Road that are for sale,so;are we going to allow another warehouse, another factory to go up. I mean, is Birdneck Road going to become International parkway. That also definitely negatively impacted property values. So,those are my concerns and thank you for hearing me. Bob Thornton: Any questions of Ms.Walsh? Thank you. Bob Thornton: Can you show us where you live? Cheryl Walsh: Yes. Is this the pointer? I live right here. And, I also have another neighbor who basically has the same reservations that I do. He just couldn't be here. I have two of them that couldn't be here because of their jobs. Item#7 City of Virginia Beach Page 11 Bob Thornton: Thank you. Cheryl Walsh: Thank you. Jan Rucinski: Our next speaker in opposition is Adam Dobbins. Adam Dobbins: Thank you for all of your time. I appreciate it. And thank you all for the community show up and share our concerns for this project. Ed Weeden: State your name for the record. Adam Dobbins: Oh sorry, I'm Adam Dobbins. I live a 1008 Carissa Court. That was my wife.We live a stone's throw away from this. It is going to be a huge impact for us as homeowners, and community, no matter what. There is a big concern for me as there was not much disclosure on this. It seems a little bit of exclusivity that it happened so fast and we're already at this juncture to have not much more say than what we have now. So, I appreciate your time on this. As for Mr. Bautista and the nature aspect,and the traffic,obviously these are concern for us, and not many in the community that are homeowners are here are representing the homeowners and I guess the Beach. He said that the number one attraction is the aquarium. It's right down the road. We have all this natural beauty here already. We could use this property for maybe hiking or have a Botanical garden,something that we could just intertwine with ift if we are going to go with the precedent of selling the Beach and going to Birdneck International Parkway. If we do decide to do that, but we could have something intertwined with that because there are already trails. We're going to have problems with the water runoff. Mr.Clarke has a retention pond in his backyard where we live right there,so;we have these things we have to deal with, and Carissa Court like, my wife, was saying,there is no left hand turn coming from Birdneck Road. So,you're coming Item#7 City of Virginia Beach Page 12 around the corner. We have the medians with the bushes and trees. People are not going 35 miles per hour down Birdneck Road. Everyone goes 40 miles per hour.There will be more traffic and everything. It is just a danger for us going into our houses. Our neighborhood, Mr. Clarke is a former marine. I'm a former Navy Seal. We have a lot of respect for the community and the direction that it has been taken, but as my wife said,we have to worry about the precedent this sets, as to moving forward. I guess I'm about out of time. I am just trying to cover all of my things. I thank you for your time. I appreciate it. Bob Thornton:Are there any question of Mr. Dobbins? Thank you. Jan Rucinski: Our next speaker is Amy Marino. Amy Marino: Thank you. I'll point out where I live first. Jan Rucinski: State your name for the record first. Amy Marino: Yes, I'm Amy Marino. Right here. Good afternoon. I've been a Virginia Beach resident for almost 10 years now, and my fiancé for almost 15. And we recently to move to the Seatack area, now surrounding the Owl's Creek location,in question just last week in fact, as we found we were pregnant with twins. And,we are standing, and one of the place between the two of us,we have four kids,so we wanted a place to for our children to grow and have space to use the beach,the parks,the walkways, and places for hikes. And,the Virginia Beach Public Schools,which have been ranked some of the best, and, since moving to our current neighborhood,we've been overwhelmed with the hospitality and friendliness of some of our new neighbors. We're really excited to be a part of the Seatack community. However,we recently heard about the proposed manufacturing plant and with 9 shifts and potentially 1,100 employees, we immediately became concerned about the substantial increase in traffic, noise, Item#7 City of Virginia Beach Page 13 pollution, accidents, crime,a toll on our water and electricity resources, and a resulting decrease in property value as you heard from some of our residents. Our neighbors also showed these concerns and in fact we were surprised when most of our neighbors didn't even know about this proposed rezoning, so; I single handedly printed out a bunch of forms and passed them out around the neighborhood hoping that people would be here today. I briefly would like to cover each of our concerns by the proposed used. First the traffic. Of course,you heard some concerns already voiced about this. It appears it would double the current daily traffic although some are saying it could potentially quadruple the current daily traffic. Whit a potential for, I understand, a 24-hour shift or 24- hour operation. Although the road, as a whole, has capacity for more traffic,that traffic would be concentrated in that one area single ingress/egress to the new location. And itis directly across from some of these residential neighborhoods for some of the residents who you already heard from too close to 100 homes in that area, single-family homes. The hours of operation will contain nine shifts meaning that traffic would be nearly constant. Every two hours and 40 minutes we will hear ambient noise all through the night which is normally peaceful except for some occasional jets and maybe some babies crying through the night. Of course,environment resources such as water and electricity as for example there is a power outage that could affect the entire neighborhood. There is also safety with more traffic comes the potential for more accidents, potential crime with more people,and of course the beauty. You've heard about the love of the Owl's Creek area with the natural beauty,and Virginia Beach has been ranked as one of the best places to live for families and to raise families, places where we have natural resources. The exact location has been especially been favored and eco-tourism has been large industry,agriculture industry has brought in 80 million dollars. I see that my time is up and in conclusion I would like to say that a 9 shift 24-hour manufacturing plant on our street right next to Beautiful Street, which is right above. It will not create a beautiful Virginia Beach. It will not serve our community rather it could cause traffic noise,crime deterioration drops and probably lower the aesthetics of an area devoted to eco-tourism and agriculture. I ask you respectfully consider another use Item 147 City of Virginia Beach Page 14 of the area to conserve our natural resources.Thank you. Bob Thornton: Thank you. Are there any questions of Mrs. Marino? Thank you. Amy Marino: Thank you. Jan Rucinski:Our last speaker in opposition is Chad Burns. Chad Burns: Hello and thank you. My name is Chad Burns. I'm here to support everybody that is in opposition for the opening up of this golf course and keeping the natural beauty around this area. I am extremely nervous I don't even know how to speak right now. But, I think there is a lot of good that can be done with that area in keeping all the beautiful things that are there, and a lot of ways that can change. We have a petition out that has 747 signatures as of right now and just a lot of support and backing. This golf course has a lot of history of behind everything. I just thinking that would be a better utilization of the land in a way to grow our sport as much as I care about it and some of the people behind me. Keep everything the way it is and make the city a little bit better.Thank you. Bob Thornton: Any questions of Mr. Burns? Thank you sir,for coming down. Chad burns: I appreciate it. Jan Rucinskl: There are no other speakers on this agenda item. Bob Thornton: Mr. Royal,would you like to have a word of rebuttal? Item#7 City of Virginia Beach Page 15 Randy Royal: I would. Thank you. Again, Randy Royal, Kimley-Horn and Associates. Nature? I was just meeting with the client,the developer a couple of hours ago.At his office and he was asking if we could put more Osprey nests up on this site in the natural areas.Yes, there is going to be a big building. Yes. There is going to be parking, but there is going to be residual land. It is absolutely environmently friendly use.What I'm hearing about Owl's Creek,which if I'm not mistaken is on the east side of Birdneck Road.We're on the west. Granted there is a lake over the,which also the developer here is quite fond of also. I'm not sure I quite understand the impact to the Owl's Creek side on the east side of Birdneck Road. But,again, it is absolutely committed to being very environmentally friendly on the site. They did look all over the city for industrial sites. There is not a whole lot industrial places.There certainly is not 500,000 square feet of industrial space. And in fact, the developer started talking to Economic Development about, I guess, I'm going to have to look in another city. I can't find what I need here. That's when they came upon this site. So,they did look at other places. As I stated earlier,the west side of Birdneck Road has got industrial buildings right now, 75 uses just north and south of this. That's kind of how it was intended, and Birdneck Road itself,you got a four lane divided arterial that is met to be a collector. I think they misinterpret. I know they are misinterpreting the traffic there. Yes, we did quadruple the exiting use, which was a golf course but the capacity is still there. Your Traffic Engineers will tell you there is a ton of capacity in Birdneck Road The right turn lane we're proposing is just to slow folk down when they are coming in so they don't slow down to make the turn to come in there. Getting people in and out should not be an issue because it is spread out. I don't think there is going to be that much noise just coming to and leaving work. It is not like they are honking their horns or anything. I don't know if that is going to be an issue either. It just appears. I understand it's an impact. There are folks that are across the street and they would like to see it remain natural but this appears to be the best use for this property,as I said, it is creating jobs and tax base fort the City of Virginia Beach. I see that my time is bout out but I will stay by for questions. Item#7 City of Virginia Beach Page 16 Bob Thornton: Thank you. I saw Ron hand's first. Ronald Ripley: Could we look at the site plan? And also go to the elevation that shows the view from the neighborhood towards. There! The plan looks like a good plan but I'm curious. It seems to avoid Randy of any kind of landscape buffers along the front, any kind for the street that you can do there that could help mitigate the issue with the neighborhood.You got to put yourself in their shoes. Randy Royal: I understand Ronald Ripley: They are looking at a recreational use and this is changing to industrial use. It looks like a very passive use. It's still a change. It seems like that would be an easy buffer from the developers to do to help mitigate the issue. Randy Royal: It absolutely is Ron. And,the planners are helping me out here. The front there is going to be(go back to the bottom guys) heavily landscaped. Because what we have is an aluminum fence, that looks like wrought iron fence and we're heavily landscaping in front of that. Back to the rendering if you will please. There is going to be a whole lot more landscaping. He didn't show anything along the frontage here, which the view we just showed you with all the trees up front that is not showing. It is not going to be,the parking lot is going to have a lot more again. These owners have told me quite frankly they want more landscaping than is required. That doesn't reflect it. I agree with you. That looks and maybe we amend that to show more what it is going to look like because that is not what it is going to look like. It will have much more greenery than that. Ronald Ripley: I would like to see almost a forestry to give it real heavy impact. Item#7 City of Virginia Beach Page 17 Randy Royal: Along the front there,that was the idea with that it was going to be heavily forested along there so the average view from a person's height,you're going to see that. You will see the second story of the building behind it but with that with the parking lot landscaping,you're not going to see a whole lot of that first floor through there. Ronald Ripley: It would have been very helpful to see that better. I see the exhibit you have there, but they don't tie together very well. Randy Royal: I agree. Ronald Ripley:That is my comment. Bob Thornton: Jack. Jack Wall: Could you describe the fence a little bit that is in the front? It shows it at 6 feet as opposed to 4 feet, which is the typical fence height. It is not solid fence? Randy Royal: No. A very good example. Do you know the fence around Stihl looks like on Lynnhaven Parkway? That is pretty much the same thing we need here. We need the height for security so people are not just wandering in there. But yea,we didn't want to put an opaque fence up there and quite frankly, I hope the planners would agree that would be kind of ugly,so we're trying to do an attractive fence but likewise,just the fence in general,we're putting heavy landscaping in front of it just to make it look nice. I think Stihl's got the fence and then the landscaping behind it but it still is pretty nice. Item#7 City of Virginia Beach Page 18 Jack Wall: I think they also shave some berming. But they got berms in certain areas. Randy Royal:They might have it in some and that's somethings we could consider. Honestly, have had sites before where the police were complaining about the berms and landscaping such as they could not see into the property. We're trying to balance. We want to buffer. We want to have a nice look there but for the police to be able to drive by, look in and see that is not an issue here.You do a berm,then you do heavy landscaping on top of it, then you create a bit of a wall. So,there has got to be some view corridor. But we certainly can put berms in,and there is an area, if you go by the site plan, behind it. The big green area there that we can potentially put berms back there, back behind the landscaping such as they don't see that. That will further hide the cars back behind it. You can still see the second story of the building for sure, but again,that's a nice facet. Jack Wall: Okay. Randy Royal: Okay. Bob Thornton: Jan? Jan Rucinski: I heard a couple of people address that fact that they feel like they didn't hear about this until last night or just this week. Can you address what you did to reach out to the community? Randy Royal: There has been sign posted since, I think the day of the meeting with Seatack. So,October 9, so about a month,there has been sign posted out at the site. Planning Department is going to have to help me. You guys send out letters? Item#7 City of Virginia Beach Page 19 Barry Frankenfield: Only adjacent property owners. Randy Royal: Adjacent property owners. And of course, it is advertised. Barry Frankenfield: It's advertised for 21 days,so we advertise twice. And we also put it on the website. Randy Royal:So of course,we reached out the Seatack Community because that's the vast majority of the folks that are out there. It is an organized civic league. It's very difficult if you got a house here and house here and maybe one street with some houses on it to contact everybody.That's the purpose of the signage and legal advertisements that are in the paper for the folks to see. Jan Rucinski: And I know that it would be nice for those people who didn't hear about it how it occurred. Randy Royal: Right. Bob Thornton: Dee. Dee Oliver: I think one of the other concerns that they had was the drainage. So, when they're talking about Owl's Creek,they are concerned. Randy Royal!:Thanks for asking that because I ran out of time. Deed Oliver: I think they're concerned of the runoff going in their direction versus what, I guess. Explain, what you plan is for stormwater management? Item #7 City of Virginia Beach Page 20 Randy Royal: It is actually going in the opposite direction. It's primarily going into that big existing pond, well, it all actually going in to that big existing pond in the back. We are going to create four bays.We're doing things with the pond to make it a type one pond which removes more pollutants but the water will be collected. It will go through that big lake on site. So, all the stormwater goes this way into this pond, it goes out right over here and heads north. But we have the various necessary things to again, help the pollutants. It's not going,that is what I was trying to point out before, no impact on Owl's Creek per say,which is over on this side, and goes behind the neighborhood. Nothing is going that way. Birdneck Road serves somewhat as a divider and a natural divider for stormwater. Dee Oliver: And, I think the other concern and I know in the informal, it was about is that you are going to keep the rest of the land that's not developed as far as building and parking lot in its natural state as it is? Correct? Randy Royal:That's the plan right now. I'm not going to tell you that they might not look at expansion and they have actually had discussions with Ms. Braithwaite to look at that piece of property and one of the ideas was to keep it somewhat natural. Again,they really want an environmentally friendly. They want that as part of this project not just let's put a building up is as many square as we can. And, certainly the area you see,the excess area there, nothing will be done with that. Other than it will be maintained. Right now there is a lot of weeds and stuff. To answer the question,that maybe nobody has asked yet they are not going to cut down street. Just want to do the land and have a big field. Bob Thornton: Jeff. Item #7 City of Virginia Beach Page 21 Jeff Hodgson: I guess it's been at least a year and probably more than that. We spent a lot of time with civic league and Mr. Minns came down. I feel like this is doing what we asked to be done and not put this type of development the east side of Birdneck Road,and, in trying to keep all the industrial to the west side. And, I think that's one of the reason I think Mr. Minns came down to support because !think we're trying to hear some of the guidelines we set forth, but my biggest concern right now is exactly what Ron said, is that landscaping buffer. I have a good friend that lives across the street and he was promised that was going to get a lot of buffering between industrial use and his property, and it just never happened. This is a large development. I think it's a great development to create a lot of jobs but I would really like to see. Randy Royal: And we are absolutely fully committed to that. I'm turning to you again, Barry because we really need to move this forward. This is a fact tracked project. Is there a way we can show more landscaping,condition more landscaping. I mean I can certainly have the rendering changed. What I can afford to do is too come back next month. I can assure you up here that we will absolutely show more. That's not a good rendering. Barry Frankenfield: Let staff work with you and come up with an acceptable robust buffer. And,we will make that available to you but once you let it go from here,you don't have anything to say about it. So, we will make sure that gets to Council and that's explained. Randy Royal: Please send it to these folks. I'm committing to them and we're absolutely going to do that. It's not just me talking. The owner wants it.This is an easy sell to him. I'm kind of surprised he didn't look at it and say,gosh that doesn't look like what we want. Bob Thornton: Jan Item #7 City of Virginia Beach Page 22 Jan Rucinski:One more thing that you can address that I've heard a lot of the speakers in position talk about was traffic. Randy Royal: Yes ma'am. Jan Rucinski: Have you done any traffic studies? Randy Royal: Absolutely. Jan Rucinski:There isn't anyone from Traffic is there? Can you just speak to that for a minute to provide some assurance to them those are things that have also been looked at? Randy Royal: Yes. They have.That is why I keep going back to capacity. You look at the capacity the brief report and there and you guys have probably seen a whole lot of"E"s and "F"s and things like that. This is level service"C". That's hardly heard of in any of the City's around here so there is plenty of capacity. This 1,100 vehicles spread out over 24 hours is not going to have much of an impact on us at all. I understand their concern with making u-turns. We can't get another median break in there,and Traffic Engineers are not going to allow that but they will still be able to make u-turns.Quite frankly,the u-turns, there shouldn't really be opposing movements that are increased. The increase traffic from the south on Birdneck Road from this property is making a left turn in, not going through,which would cause them a problem to make the u-turn. The people coming from the north are going to take that right turn to the center lane and go in that way. There is already an existing long left turn lane at this median break here. We're highly confident and I wish Traffic Engineering was here because they would Item#7 City of Virginia Beach Page 23 echo my statements that there is plenty of capacity. We don't need a traffic signal. Birdneck Road was built to handle this type of development. Jan Rucinski: And we see a lot of that in here. When the people opposing that bring something up they would like to know that their concerns were being addressed. Randy Royal: Yes ma'am. We absolutely looked at that. Bob Thornton: Jack and then Karen. Jack Wall: I have one quick one. When the property is conveyed is it going to be the entire property who owned up there? Randy Royal: Yes sir. That line and you're seeing it running through the golf course. Eddie Bourdon was up here earlier. Ms. Braithwaite owns the southern portion here. That line right there and north of it is what the city owns. Jack Wall: Okay. Thank you. Bob Thornton: You got a question Karen? Karen Kwasny: I do. Can you clarify again for me what's going to happen with the residual parcel and the possibility you said of picking up the property that is outside of the line. You had briefly mentioned that. F or a moment,you're going to keep it as open space, but there is a possibility of expansion of the building. We were provided a figure during the informal,the amount of square footage that might be Item 47 City of Virginia Beach Page 24 added later.That is a possibility as well. Randy Royal: Certainly. Karen Kwasny: One of the possibilities it will remain open space for a short period of time but there is a long term goal of an expansion of the building. Correct? Randy Royal: Not necessarily a goal. It could happen. But again, ideally maybe they would make a deal with the Braithwaite's to have the additional green space. I'm telling you honestly they don't want to fill up this site just with building. They want to have green around them, so, it's going to be and they actually talked at one point about maybe recreating a couple of those golf holes for his employees there. That's the kind of guy we're dealing with here. Karen Kwasny: A park for the neighborhood? Randy Royal:The only problem with that it's going to be security. That is part of why we have the fence around the property. We just can't have folks wandering around. Karen Kwasny: Right. I knew that was going to be your answer. It was just like a pie in the sky way to consider some of the concerns with the neighborhood, which I think that we're addressing traffic and those other items that they mention but typically what happened when a community goes forward they feel like they were not heard and their issue isn't just a matter of these logistic, its'actually a matter of losing an aesthetic in a neighborhood that's been pretty important to the neighborhood and it affects people across the street simply because they're across the street doesn't meant they are not affected by a 500,000 square foot building, and how many employees did you say? Item#7 City of Virginia Beach Page 25 Randy Royal: 1,100. Karen Kwasny: 1,100. That's a significant impact to an existing neighborhood. I drive down that road almost every day.To me,that quite a change, so I'm just trying to figure out how long they might have that little bit of open space remaining for them after this building goes in before there is more changing coming down the line the same kind. Randy Royal: Like I said I am not sure what will happen with the Braithwaite's property. I will be difficult to develop just because of the existing ponds scattered throughout it. It can end up being a natural area,a park,and if was something like that, perhaps that wouldn't need the security around the building here. I can't tell you for sure. I understand what'you're saying.They kind of got an impromptu to part that they drawn in distance now over here and now it's going away,or at least the city portion is. The Braithwaite property is still there but Eddie could property correct me,that we don't want people trespassing on the property but I am sure people will probably walk over there anyway. So,that's kind of what you got,and yes, I understand. I've been doing it a long time and people get used to something but we've been working and as you said,the civic league tasks us,and by us, I'm talking about Economic Development to find a better use for the Owl's Creek property, so; we're trying to balance it the best we can. Karen Kwasny: I see that. Bob Thornton: Jeff. Item 47 City of Virginia Beach Page 26 Jeff Hodgson: Two more quick questions, and I'm sorry if I missed that. The fence around the front is that also going around the entire perimeter of the facility? Randy Royal: No. A couple of hours ago when I was meeting with them,so;coming along here. We were debating on far it may go back to somewhere in here. It's not going to be like we're got to run this thing all the way around and complete enclose this. We want it difficult for people to get in there. It's not going to be a prison camp that we got completely enclosed. Jeff Hodgson: You're open 24 hours a day. The chance of them breaking in is a lot less. Randy Royal: There are always people there. You just don't want make it easy for people to walk in to the facility. Jeff Hodgson: And last thing, I know you said it before but just state it again. You said "up to 1,100 jobs with an average salary of? Randy Royal: $70,000. That's significant. Again,and meeting with the Seatack folks,we got a community right there that I'm sure lot so of those folks would like those jobs. We're committed to training them up front. It's a high tech type thing but we feel like we can train anybody to come in and do that work,and it's over 1,000 jobs. Jeff Hodgson: Thank you. Bob Thornton: Are there any other questions. I've got two questions. One,the front appears to be gated. Is that going to be open and closed as employees come in or will that gate be open all the time? Item#7 City of Virginia Beach Page 27 Randy Royal: it's going to be open all the time. Bob Thornton: To help cueing the traffic out on Birdneck. Randy Royal: Right.We looked at that and that is also a good point. We have the same discussion and they talked about the gate and we said that is going to be a problem with people trying to get in use their pass card an having backing up on the roads.When everybody is in,there will be times when it closes when a shift is leaving or coming in,open the gate let them all in. Bob Thornton: I mean if you're a vendor or you wanting to go in there between shifts as a security person lets you in. The other questions I had was did you all give any consideration to Corporate Landing. It seems like the city,and somebody brought it up this morning. There is a fairly large amount of land out there. Is there site not workable? Is there not enough out there? Randy Royal: You certainly can squeeze that in somewhere out there. It didn't quite work. We're actually looking for a little higher type use Corporate Landing then manufacturing. It's more of an office park that we're looking for out there and hopefully it will spin off from the Transatlantic Cable, and things like but it just didn't work. Bob Thornton: There is nobody out there to this day with 1,100 people art ether? Does GEICO have anywhere near that many? Randy Royal: I don't know there is a heck of lot of cars out there. It's probably close. Beyond that? Item#7 City of Virginia Beach Page 28 Bob Thornton: It's been owned by the city for 25 years or 30 years and its mostly empty. Randy Royal: I think that's coming with the Transatlantic Cable. I think that is what'going to change that and we're going to get that higher type uses in there. Hopefully. Bob Thornton: Okay. Those are my questions. Is there any other questions? Dave? Dave Redmond: Quick question. Do you know Randy,or can anybody tell me if we have an approximate value on the investment when buildings probably the pictures in manufacturing equipment is probably a little tough to tell right now. What kind of numbers are we talking here? Randy Royal: I'm looking at my Economic Development guys. Unknown voice: Somewhere in the neighborhood of 50-55 million. Dave Redmond: I will just add one point. For 50-50 million dollar investment on that kind of land,you can assume extensive security, maybe more than a guy in uniform standing out front. Other than that you're going to need extensive security. You won't see it necessarily but they will see you. Randy Royal: A lot cameras. Dave Redmond: Right,exactly. They will see you.Thank you. Bob Thornton: Jeff? Item#7 City of Virginia Beach Page 29 Jeff Hodgson: I know this is an impossible to answer to answer. Perfect scenario, if this goes through, when do they hope to be open by? Randy Royal: It is not an impossible question. I got to scratch my head little bit because we're fast tracking it,and looking at starting now, part of the question is how long does it take to build a building this big. I think the target, I'm thinking early next year. I'm sorry that's wrong. Early 2019. Bob Thornton: Barry? Barry Frankenfield: I have an additional piece of information that we we're just talking about that was not represented in your report. This is in a Special Economic Growth Area, in addition to the Seatack Focus area, and as such,the light industrial is compatible, it is what the Comprehensive Plan calls for, just to be clear and that is the point is because this relationship to Oceana and the noise zones, these are the type of uses that we are thinking is appropriate. It's unfortunate that it was a golf course and now it's becoming this use but this area from a land use perspective is what is called by the Comprehensive Plan. Bob Thornton:Thank you. Anybody else? Thank you Randy. If there are no other questions of any other speakers we can close the public hearing and have a debate among ourselves or someone could make a motion. Dave. Dave Redmond: Mr. Chairman, I would move approval of the application. Karen Kwasny: I actually wanted to ask Ron a question if I can? Item#7 City of Virginia Beach Page 30 Bob Thornton: Sure. Karen Kwasny:The buffering that you were talking about,can you tell me a little more about what your expectations were for that?What you would like to see? Ronald Ripley: I would like to see a combination of trees and other planting to see a setback. I would really,you, mentioned verb and a good example from the developer in here with the Helen Dragas. She is the signature buffer where she put berms in it, landscapes it. It looked really nice.That's a pretty heavy landscaping bar to meet but. Karen Kwasny: I think that's really essential in trying to find a compromise between economic development and bringing vitality in that way to a community and also trying to find a way to stick in the community so, if you provide a buffer like that,substantial that has that kind of berming you're referencing because I've Seen those in my green view,they are always a template to what can be done to really shield something from the roadway. You won't know it's there. We do this lot with just flat outright development in apartment and things like that. Where you want to keep the view shed,you have a lot behind that but you would never knew you had. And,so there is a still a natural aesthetic to the area that is a part of the expectation of the community. I would love for that residual property to remain that way for the long haul, but we can guarantee that. At least we know for now it will be. You will be doing a much better job of providing a site that is more memorable to the community surrounding it. Jan Rucinski: Even application four that we heard today has got more substantial buffer. Item#7 City of Virginia Beach Page 31 Bob Thornton: Now that you all have brought this up. I will take a slightly contrary view of this.These people are going to spend 50 plus million dollars to building this in our community. And I think landscaping is important but I think it would be a shame to expect him to hide this building. That is not an unattractive building and if you go places around the country that have parks, industrial parks and industry they show it off. They don't hide it because this attracts other business.So if we expect them to spend 50 million dollars, I did some math.That is$100.00 square foot for the building.That doesn't count one piece of equipment. So,this could be$100 million dollars,and I think landscaping, my point is, I think it ought to be beautiful and landscaped, but I don't they we ought to expect these people to hide this building at all. I think that would be a disservice to the community.Anyway,that's just my opinion. Karen Kwasny: I don't think hiding the intent of but protecting the view shed. I think they are two different things. You can do one well without doing the other. Bob Thornton: I will speak no more. I just want to get on the record that I'm all for economic development. Dave made a motion. Dave Redmond: I just want to point out. I found Mr. Royal very convincing when he and the application is absolutely committed to doing this in the most environmentally sensitive way to screening it to a very intensive to a great extent. I think we're there. We can talk about how exactly berms versus trees and all that stuff but I think we're there.So, I will renew my motion to approve agenda item 7. Bob Thornton: Okay,thank you. We do have second right? A second by Dave Weiner Ronald Ripley: I agree with you and I think Mr. Royal made it loud and clear. I'm sure they will do a good Item#7 City of Virginia Beach Page 32 job. Bob Thornton: We'll call for the question. Ed Weeden: Who seconded it? Bob Thornton: Mr.Weiner. AYE 10 NAY 0 ABS 0 ABSENT HODGSON AYE HORSLEY AYE INMAN ABSENT KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved the application of the City of Virginia Beach for a Conditional Rezoning. Bob Thornton: Okay.Thank you. 4,4GOA eFgcy it `r s CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-9957 DATE: November 20, 2017 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilso DEPT: City Attorney RE: Conditional Zoning Application; City of Virginia Beach The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 5, 2017. I have reviewed the subject proffer agreement, dated November 15, 2017 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom THIS DOCUMENT PREPARED BY THE CITY OF VIRGINIA BEACH ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-81I(A)(3)AND 58.1-811(C)(5) AGREEMENT THIS AGREEMENT is made this 15th day of November 2017, by and between ("Grantor") and THE CITY OF VIRGINIA BEACH, a political subdivision of the Commonwealth of Virginia("Grantee"). WITNESSETH: WHEREAS,the Grantee is the current owner of a certain property located in the Beach District of the City of Virginia Beach, containing approximately four(4) parcels of land approximately 76.43 acres, which parcels designated Parcel 1,Parcel 2,Parcel 3 and Parcel 4 described in Exhibit"A"attached hereto and incorporated herein by this reference, said property hereinafter referred to as the"Property"; and GPIN: 24174113120000 24174087200000 A portion of 24173176060000 A portion of 24172036290000 WHEREAS,the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia,by petition addressed to the Grantee,so as to change the Zoning Classification of the Properties from R-2.5 Residential District and I-1 Industrial District, to Conditional I-1 Industrial District; and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation;and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise;and WHEREAS,the Grantor has voluntarily proffered,in writing,in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning; and NOW THEREFORE,the Grantor,its successors,personal representatives,assigns,grantees,and other successors in title or interest,voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property, GPIN: 24174113120000,24174087200000,a portion of 24173176060000,and a portion of 24172036290000 and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors,personal representatives, assigns,grantees,and other successors in interest or title: I. When the Property is developed,the site design shall be substantially in accordance with the Plan titled, "Conceptual Site Plan for Owls Creek Industrial Building,"dated November 17,2017, prepared by Kimley-Horn and Associates,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(hereinafter the"Site Plan"). 2. When the Property is developed, the design of the building shall be substantially in accordance with the Building Renderings titled"Renderings 1 through 4 for Owl's Creek Industrial Building," dated November 14, 2017,prepared by HBA Architecture&Interior Design, Inc.,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(hereinafter the "Building Renderings"). 3. When the Property is developed,the landscape design of the site shall be substantially in accordance with the Plan titled, "Conceptual Landscape Plan for Owls Creek Industrial Building," dated November 17, 2017, prepared by Kimley-Horn and Associates, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter the"Site Plan"). 4. When the Property is developed, a new southbound right turn lane with the appropriate storage and taper lengths along the frontage on Birdneck Road will be dedicated and constructed. 5. As depicted on the Site Plan, a 6-foot tall aluminum security fence will be installed along the perimeter of the property where adjacent to the right-of-way. The fence will be installed 15 feet from the Birdneck right of way and provide landscaping on the right-of-way side of the fence. 6. If at any point the end user of the site requests a signal to be installed,a traffic study shall show the traffic generated from the site warrants a signal. With these conditions met, and after approval is given for a traffic signal by the Public Works Traffic Engineering division, the end user shall be responsible for the design and construction of the signal at their expense. Any such signal design shall require approval from Public Works—Traffic Engineering. 7. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto,refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee.The Grantors covenant and agree that(1)the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach,Virginia to administer and enforce the foregoing conditions, including(i)the ordering in writing of the remedying of any noncompliance with such conditions,and(ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2)the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or 2 occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and(4)the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee.Upon acquisition of the Property by Contract Purchaser, Contract Purchaser shall succeed to all rights and obligations of the "Grantors" under this Agreement, and Owner shall have no further rights or obligations of a"Grantor"under this Agreement. [Remainder of page intentionally left blank. Signature pages to follow.] 3 IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first written above. GRANTOR and GRANTEE: CITY OMA NI C<W BEACH By: yi Name:lAin Q{�,l(t fI ..� U Mt SUi �7 /.n�r/ Title: l V Oil C(no?et ATT O 1, City Clerk — 644 4/e, -1i-€7 COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: ,�.y, The foregoing instrument was ackt wled befbr rhe �l O' itay of("r_±oixC 2011 , by knald H . (A�i(inms,ht who is personally known to`"ifrerr-Hes-produeed n. Notary 'ublic My Commission Expires: 5/3 I t$ Commonwealth Of Virginia l Jennifer Anne Grundler-Notary Public Registration No. - - .-j le"7 Commission No.7037167 My Commission Expires,.1/Iv COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledeed before m this day of fclalxr 20 f , by }\rrendo. F br.rnu au1Fe.l zed de is p na�yiknown to me or-Hes-produced a idem!r t ofnr rnI�` amw ) Anvils r N``o''tary Public Commonweaalth 01 Vir inia My Commission Expires: 5/31!l SC JenniferMne Gmndler-Notary pu6pr Registration No. -7O -t tel Commission No.7037167 My Commission Expires J/j/y) 4 Exhibit A Legal Description of a portion of, Owls Creek Golf Course being GPIN 2417-40-8720, GPIN 2417-41-1312,a portion of GPIN 2417-31-7606, and a portion of GPIN 2417-20-3629 TO FIND THE POINT OF BEGINNING, Commencing at a Point on the southwest corner of Beautiful Street right of way and the westerly right of way of South Birdneck Road; thence continuing along the westerly right of way line of South Birdneck Road in a southerly direction 1,390' more or less to a point on the northeasterly corner of Parcel 462, as shown on `Boundary Line Survey for the Atlantic Division, Department of the Navy", recorded in Map Book 159 at page 28 said point being the Point of Beginning. Having thus established the Point of Beginning thence; continuing along the westerly right of way line of South Birdneck Road South 11°58'07" East a distance of 195.27' to a point; thence along a curve to the right with a central angle of 26°45'28", an arc length of 654.98', with a radius of 1,402.50', with a chord bearing of South 01°24'37" West and a chord length of 649.05'to a point; thence leaving the westerly right of way line of South Birdneck Road South 60025110" West a distance of 413.14'to a point; thence South 60°01'56" West a distance of 489.60' to a point; thence South 59°28'39" West a distance of 276.28' to a point; thence North 28°02'31" West a distance of 100.32' to a point; thence North 10°56'29" West a distance of 132.60' to a point; thence North 20°03'24" West a distance of 132.60' to a point; thence North 44°03'12" West a distance of 131.98' to a point; thence North 67°46'04" West a distance of 248.73' to a point; thence North 66°17'39" West a distance of 120.05' to a point; thence North 49°32'15" West a distance of 139.21' to a point; thence North 36°46'04" West a distance of 166.39' to a point; thence North 61°29'41" West a distance of 115.71' to a point; thence North 67°43'47" West a distance of 154.80' to a point; thence South 82°08'06" West a distance of 140.87'to a point; thence South 61°00'02" West a distance of 91.77' to a point; thence North 17°45'23" West a distance of 84.50' to a point; thence North 83°25'28" East a distance of 46.75' to a point; thence North 17°57'14" West a distance of 320.52'to a point; thence North 00°55'46" East a distance of 932.00' to a point; thence North 87°56'15" East a distance of 257.70' to a point; thence South 62°40'49" East a distance of 188.10' to a point; thence South 66°55'49" East a distance of 152.46' to a point; thence South 75°55'49" East a distance of 143.22' to a point; thence South 84°55'49" East a distance of 186.78' to a point; thence North 84°49'l1" East a distance of 118.80' to a point; thence North 74°34'11" East a distance of 121.44' to a point; thence North 58°49'11" East a distance of 64.70'to a point; thence South 01°31'49" East a distance of 289.61' to a point; thence North 88°30'21" East a distance of 354.91' to a point; thence South 06°37'45" East a distance of 439.03' to a point; thence North 83°22'14" East a distance of 690.68'to a point which is the Point of Beginning. Said described parcel having an area of 3,042,065 square feet or 69.836 acres. 5 The subject property is further described as follows: a. GPIN: 2417-20-3629 ALL THAT certain lot, tract or parcel of land, together with the improvement thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as"PROPERTY OF GORDON B. POTTER, DEAN S. POTTER, JR., AND JOHN RAY POTTER (D.B. 1459, PG. 729 (W.B. 107, PG. 2104) GPM 2417-20-3629", as shown on that certain plat entitled "PLAT SHOWING PRPOERTY TO BE ACQUIRED FROM GORDON B. POTTER, DEAN S. POTTER, JR., AND JOHN RAY POTTER BY THE (SIC) CITY OF VIRGINIA BEACH, VIRGINIA FOR SOUTHEREASTERN PARKWAY & GREENBELT, VIRGINIA BEACH, VIRGINIA", dated January 23, 2007, Scale: 1" = 100' prepared by Patton Harris Rust & Associates, P.C., which plat is duly recorded in the Clerk's Office, as Instrument No. 20070201000147360, to which reference is made for a more particular description. b. GPIN: 2417-40-8720 ALL THAT certain piece or parcel of land located in the Lynnhaven Borough of the City of Virginia, Virginia, containing 20.681 acres as shown on a certain plat entitled, "Survey of a portion of the Dean S. Potter Estate, for William A. Brown, Lynnhaven Borough, Virginia Beach, Virginia", Scale: 1"= 100', dated February 26, 1973, prepared by Rouse- Sirine Associates, Ltd., Surveyors and Engineers, and recorded in the Clerk's Office, in Map Book 134, at Page 23, to which plat reference is made for a more particular description. c. GPIN: 2417-31-7606 A PORTION OF THAT certain tract, piece or parcel of land situate in the Lynnhaven Borough of the City of Virginia Beach, Virginia, and known and designated as "Parcel 'C' 20.760 Acres", on that certain plat entitled "Subdivision of Property of A. STANLEY MUNDY CO., PARCEL"B", Lynnhaven Borough, Virginia Beach, Virginia",which plat is duly recorded in the Clerk's Office in Map Book 135, at page 47, to which reference is made for a more particular description. d. GPIN: 2417-41-1312 A PORTION OF THAT certain tract, piece or parcel of land situate in the Lynnhaven Borough of the City of Virginia Beach, Virginia, and known and designated as "Parcel 'B-1', 21.840 Acres", on that certain plat entitled "Subdivision of Property of A. STANLEY MUNDY CO., PARCEL "B", Lynnhaven Borough, Virginia Beach, Virginia", which plat is duly recorded in the Clerk's Office in Map Book 135, at page 47, to which reference is made for a more particular description. AND ALL THAT certain lot, piece of parcel of land situated in the Lynnhaven Borough, Virginia Beach, Virginia, on the western side of South Birdneck Road (formerly Seatack or Chatham Road) and being designated and shown as "NOW OR FORMERLY D. 6 MURRAY MALBON" on that certain plat entitled "PLAT SHOWING PROPERTY TO BE ACQUIRDED BY THE CITY OF VIRGINIA BEACH, VIRGINIA, FROM D. MURRAY MALBON", Scale: 1" = 100', dated July 10, 1979, prepared by the Bureau of Surveys and mapping, Engineering Division, Department of Public Works, City of Virginia Beach attached to that certain Deed recorded in the Clerk's Office, in Deed Book 1968, at Page 534. 7 [ re-t'� iii.:,, is CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH — ORDINANCE TO AMEND AND REORGANIZE APPENDIX 1, OCEANFRONT RESORT DISTRICT FORM-BASED CODE, OF THE CITY ZONING ORDINANCE. MEETING DATE: December 5, 2017 ■ Background: The Oceanfront Resort District Form-Based Code was originally adopted by City Council on July 10, 2012. With its heavy focus on design and built-in flexibility, this new approach to development regulation was unfamiliar to both City Staff and the development community, resulting in some initial concerns. In response to these concerns, a Steering Committee composed of representatives from various stakeholder groups was formed in October 2015 to discuss the issues raised and explore potential solutions. In most cases, concerns were resolved through explanation and education about how the code works. These discussions led to a comprehensive set of revisions that fall under three categories: 1. Reorganization — Chapters, sections, and subsections have been re- ordered to improve organization and flow of the code. 2. Clarifications/Corrections—Text has been rewritten to simplify or clarify its message while retaining the original intent of the applicable policy. 3. Policy Changes — Some minimum and maximum dimensions have been changed to better reflect the goals of the form-based code. • Considerations: The revised Oceanfront Resort District Form-Based Code retains the vast majority of its original policies but presents them in a simpler, easier-to-understand format. The policy changes that are recommended have been vetted through the Steering Committee and a long list of stakeholder groups through presentations, email communications, and a public meeting. Further details pertaining to these documents and the Comprehensive Plan amendment are provided in the attached Staff report. There is no known opposition to this request. City of Virginia Beach Page 2 of 2 • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. • Attachments: Staff Report Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. �f�`ti� \Q,//{� J Submitting Depa a cy: Planning Department Utz- EtzotLe, City z- City Manager: 1 AN ORDINANCE TO AMEND AND REORGANIZE 2 APPENDIX 1, OCEANFRONT RESORT DISTRICT FORM- 3 BASED CODE, OF THE CITY ZONING ORDINANCE 4 PERTAINING TO DEFINITIONS (CHAPTERS 1 AND 8); 5 FRONTAGE AND BUILDING TYPES (CHAPTER 2); 6 SETBACKS (CHAPTER 3); HEIGHT (CHAPTER 4); USES 7 (CHAPTER 5); SITE DEVELOPMENT (CHAPTER 6); 8 OPTIONAL FORMS OF DEVELOPMENT AND 9 ALTERNATIVE COMPLIANCE (CHAPTER 7); AND SIGNS 10 (CHAPTER 8) 11 12 SECTIONS AMENDED: 1.1.4, 1.2, 2.1.1, 2.1.3, 2.1.4, 2.2, 13 2.3, 2.4, 2.4.3, 2.4.4, 2.5, 2.6, 2.7, 2.8, 2.9, 2.10, 2.11, 3.1, 14 3.2, 4.1.1, 4.1.4, 4.2, 5.2, 5.3, 6.1.2, 6.1.3, 6.2.1, 6.2.2, 6.2.3, 15 6.2.4, 6.2.5, 6.2.6, 6.3, 6.5.1, 7.1.1, 7.2, 7.3.1, 7.3.2, 7.3.3, 16 8.1, 8.2, 8.3, 8.4, AND 8.5 17 18 SECTIONS DELETED: 2.1.2, 2.12, 5.3.10, 5.3.11 AND 19 5.3.12 20 21 WHEREAS, the public necessity, convenience, general welfare and good zoning 22 practice so require; 23 24 WHEREAS, the Oceanfront Resort District Form-Based Code, City Zoning 25 Ordinance, Appendix 1 has been amended and reorganized as exhibited in the attached 26 Ocean Front Resort District Form-Based Code (Revised October 2017); and 27 28 WHEREAS, the attached revisions have been vetted through meetings with 29 shareholders, Boards & Commissions, and the general public. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 34 That the Oceanfront Resort District Form-Based Code be, and hereby is, 35 amended and reordained by: 36 37 The adoption of the Oceanfront Resort District Form-Based Code (revised 38 October 2017). Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: •lanning Dertment City A o ey's Office CA14175 R-3 October 16, 2017 2 Applicant City of Virginia Beach Agenda Item Public Hearing November 8, 2017 Oceanfront Resort District Form-Based Code Amendment 8 Cif y of Virginia Beach Request An Ordinance to Amend and Reorganize Appendix 1, Oceanfront Resort District Form-Based Code, of the City Zoning Ordinance pertaining to Definitions (Chapters 1 and 8); Frontage and Building Types (Chapter 2); Setbacks (Chapter 3); Height (Chapter 4); Uses (Chapter 5); Site Development (Chapter 6); Optional Forms of Development and Alternative Compliance (Chapter 7); and Signs (Chapter 8). Summary of Request The Oceanfront Resort District Form-Based Code was originally adopted by City Council on July 10, 2012. With its heavy focus on design and built- in \ 4 1 flexibility, this new approach to development regulation was unfamiliar to both City Staff and the development community, resulting in some initial concerns. In response to these concerns, a Steering Committee composed of representatives from various stakeholder groups was \ formed in October 2015 to discuss the issues raised and explore potential ' solutions. In most cases, concerns were resolved through explanation and education about how the code works. fir_1 1,. � Unlike a standard zoning code, the Oceanfront Form-Based Code has . built-in flexibility to allow for creative design options that can fulfill the same purpose as a "prescribed" form.These "optional forms of 1 S development" can be approved administratively, reducing risk and streamlining the approval process for high quality development projects. Now that stakeholders have had the opportunity to experience this new 1l" approach, they have become more comfortable in its administration and more confident in its results. Staff has also had the opportunity to take note of corrections, clarifications and changes needed to simplify and improve upon this zoning code. The revisions fall under three categories: 1. Reorganization -To improve organization and flow of the code, some sections or subsections have been moved. In some cases, whole chapters have been merged into other chapters, or sections of a chapter have been extracted to create their own chapter. ORD Design Guidelines have been consolidated into one document, with links to other related Design Guidelines. 2. Clarifications and Corrections - Much of the text has been rewritten to simplify or clarify its message. Additional graphics and illustrations have been inserted to help illustrate code requirements. A few typos and mistakes have been corrected throughout the document. Oceanfront Resort District Form-Based Code Amendment Agenda Item 8 Page 1 3. Policy Changes-While the main regulating factors and structure of the code has remained the same,some minimum and maximum dimensions have been adjusted to better reflect the goals of the form-based code. Other components have been consolidated to simplify the code's application and eliminate unrealistic expectations for certain areas. A summary of the revisions,divided into these categories, is provided below, with the most significant revisions appearing in bold text. Reorganization • Moved Definitions from Ch 8 to Ch 1(and added some definitions for clarification/ease of reference) • Moved Building Elements from Ch 2 to Design Guidelines (Building Elements no longer required) • Moved side/rear setback encroachments from Ch 2 to Ch 3 (after front setback encroachments) • Moved parking garage design requirements from Ch 2 to Ch 6 with other parking design standards • Copied Parking Setback table in Ch 2 to Ch 6 • Added landscape requirements from other applicable ordinances to Ch 6 • Moved Sign Regulations from Ch 6 to Ch 8 • Moved Sign Design Guidelines from Ch 6 to Design Guidelines • Moved reduced nonresidential parking allowance from Ch 7 to Ch 6 • Moved "Maximum Allowable Height Increase" table from Sec 7.3 Alternative Compliance to 7.2 Optional Forms • Moved Design Guidelines from end of Ch 7 to separate document Clarifications&Corrections Ch. 1 Purpose • Revised "awning" definition and added "canopy"definition to match City-wide definition • Added definitions for"building frontage," "building type," 'lot,""project," 'street frontage," • Clarified definitions for"backyard cottage, "frontage type, "outdoor amenity space, "porch," "shopfront," and "transparency" Ch. 2 Frontages • Refined Building Type descriptions to better differentiate between Apartment, Row House, Detached House—A "quad" or"triplex"or front/back duplex is Detached House, side-by-side duplex or any number of side-by-side attached is Row House,Apartment Building= 5 units or more, integrated vertically and horizontally • Water,wetlands and floodways do not count towards minimum lot criteria • Added language to clarify parking setback requirements to Parking Setback table and Building Type tables • Clarified that outdoor amenity space is eligible for optional forms of development • Clarified up to 4' of a parapet can apply to minimum building height(mixed use buildings=25';commercial buildings=16') if parapet continues around full perimeter of building • Row House & Detached House Building Types no parking or driveways between building and street • Clarified street-facing entrance is required for primary building entrance(not just any entrance) • Added language to reference landscaping requirements to Building Type tables • Added language to clarify how buildings that do not meet the build-to requirement can be expanded without City Council approval and that administrative expansion allowance of 15%can only be used once • Clarified any expansion of nonconforming use must receive City Council approval Ch. 3 Setbacks • Clarified streetscape zones,setbacks,and what features are expressly permitted to encroach into each. Oceanfront Resort District Form-Based Code Amendment Agenda Item 8 Page 2 Ch.4 Height • Clarified 110'and 200'categories on Height Map to reflect maximum podium and tower heights and differentiate between 200'Towers east and west of Atlantic (75-ft Podium,35-ft Tower/110ft Building; 100-ft Podium, 100-ft Tower/200-ft Building;75-ft Podium, 125-ft Tower/200' Building) Ch. 4 Height&Ch. 5 Use • Defined "project" (applies to minimum spacing between towers,h of residential units allowed east of Atlantic) Ch. 5 Use • Added applicable code references to Use Table • Specified building types for Parking Structures/Garages as limited with reference to parking setbacks • Removed Wine-tasting room; no longer needed because Craft Winery was added Ch. 6 Site Development • On east side Atlantic, prioritized vehicular access from Atlantic Ave instead of Connector Parks; removed restriction on new vehicular access points on Shopping frontages(aligns with 2015 City Council resolution) • Number of vehicular access points and driveway widths are the minimum permitted by Public Works Ch. 7 Optional Form and Alternative Compliance • Clarified language for Building Setback Optional Forms to better describe redistribution of building setback area • Clarified language for Transparency Optional Forms to better describe purpose • Added Optional Form language for minimum building height; minimum and maximum floor height • Clarified language for"Tower Provision Optional Forms" to better describe redistribution of building facade area Policy Changes Ch. 2 Frontages • Consolidated frontage types: SH1,SH2 to SH (Shopping);GW1,GW2, GW3 to GW(Gateway) > Eliminated SH1 frontage type (Laskin Rd &eastern two blocks of 17th St)to remove overly restrictive requirements(no curb cuts; "shopfront" building element required on all new buildings); Now SH1 treated same as former SH2 frontage. > Eliminated GW2 (Pacific Ave.adjacent to Lake Holly)to remove requirement for"arcade"or"gallery" building element on all new buildings > Eliminated GW1 (Pacific, 30th, 32"d,west half 17th& 19th)to allow all building types(previously Detached House type not permitted on GW1). Now all GW treated same as former GW3,which allowed all building types. • Created new frontage type for Connector Parks(CP)—CP frontages now differentiated from Beach frontages; more restrictive than Beach but less than Boardwalk frontage type • Lot criteria must be met regardless of whether actual lot lines exist. This allows for condominium form of ownership and land leases to allow ownership flexibility without compromising lot standards;allows condo ownership style to be easily subdivided and converted to standard ownership if desired in future • Reduced required articulation depth from 12"to 6"for blank walls • Changed 0'or 5'side and rear interior building setbacks to 5'for most building types;(reduced setbacks can be approved administratively through Optional Forms of Development);changed to 0'for Mixed Use building type • Changed 0'or 5'side and rear interior parking setbacks to 0' for all building types • Increased Outdoor Amenity Space(OAS)requirements by 10%for each Building Type—from 5 to 15%for Mixed Use;0-10%for Commercial; 10-20%for Apartment; 10-20%for Row House;20-30%for Detached House;5 to 15%for Civic Building(Note required landscaping counts toward OAS) • Increased minimum lot criteria for different Building Types—Mixed Use minimum lot area increased from 3,000 sf to 5,000 sf and lot width from 30'to 50'(same as Commercial,Apartment,and Civic);Detached House with 0-2 dwelling units remains at 3,000 sf min lot area and 30'lot width; Detached House with 3-4 dwelling Oceanfront Resort District Form-Based Code Amendment Agenda Item 8 Page 3 units increased to 5,000 sf lot area and width to 50'. Row House minimum lot width increased from 16'to 20' and lot area from 1,200 sf to 1,500 sf • Row House & Detached House Building Types minimum ground story finished floor elevation increased from 1.5' to 2'to align with residential building code • Building Elements no longer required other than through Design Guidelines Ch. 3 Setbacks • Changed Setback Map for Pacific abutting Lake Holly from 0'to 5' (former GW2 frontage) now that no Arcade or Gallery building element required • Changed Setback Map for Connector Parks from 5'to 10' • Porte cocheres encroaching in ROW will now require CC approval • Transformers, utility boxes,etc. >4' not permitted in front setback between building and street Ch.4 Height • Changed max tower width for 200'towers east of Atlantic Ave to 80%of lot width up to 120'. This eliminates "penalty"for assembling property to develop a full 300'-wide block with a consolidated development project. Ch. 5 Uses • Increased size allowance for Backyard Cottages via Optional Forms;added design requirements accordingly. This eliminates need for Alternative Compliance(City Council)approval process for these in demand residential projects • Limit#residential units east of Atlantic to mirror previous limits under RT zoning(changed from 30%floor area to 15%of hotel units) • Added Civic Building as permitted building type for Business Studio/Office; Indoor Recreation and as conditional for Hospital; Passenger Transportation Terminal • Combined craft breweries/distilleries/wineries into one row and added Detached House building type as conditional for same • Allow retail as limited use in Detached House building type and changed Specialty Shops from permitted to limited in same building types(limitation is related to adult bookstores and alcohol sales) • Added "craft industry"as permitted use for small-scale(up to 2,000 sf)fabricating,wholesaling,or distribution in the ViBe only • Added "creative market"as limited use to eliminate red tape for routine events in ViBe only • Drive-through facilities and commercial parking lots restricted in ViBe but can be approved via Alternative Compliance • Removed requirement for restaurants, personal service establishments and indoor recreation facilities on upper floors of Mixed Use building types to be tied to same establishment on ground floor Ch.6 Site Development • Added maximum parking limit of 25%over minimum required number for parking in surface lots, unless otherwise authorized by Planning Director. Citywide maximum parking is 50%of required for commercial and multi-family. • Reduced office parking requirement from 1/270 to 1/330(aligns with citywide standard) • Reduced commercial component of mixed use parking requirement from 3.5/1000 to 3/1000(aligns with parking requirement in B-4C, mixed use zoning) • Foundation landscaping requirement increased from 50%to 66%of building frontage(but Design Guidelines will specify how quality building materials and design can be used as Optional Form in place of foundation landscaping) Ch.7 Optional Forms and Alternative Compliance • No policy changes Oceanfront Resort District Form-Based Code Amendment Agenda Item 8 Page 4 Ch 8. Signs • Removed confusing total sign fl and area allotments;it and area allotments now same for each "establishment" but differ between establishments in different building types and street frontages • Allow non-monument style freestanding signs if meet Design Guidelines but same height and area maximum and limited to lots 100'+and only on certain building types and street frontages rr and size of banner, marquee, and parking garage signs now based on Design Guidelines • Created new"canopy" sign type (previously treated like wall signs) • Created new"building crown" sign type (previously treated like wall signs but granted extra area if placed on top quarter of building; before that they were called"building identification" signs but amended due to Supreme Court ruling prohibiting regulation of sign content). Now"building crown" signs are only permitted for 32'+ buildings. Bonuses granted for meeting Design Guidelines. • 2nd story establishments get same wall allowance as 1"story establishments • Allow wall sign area allowance to be applied to awning,canopy, projecting,or window signs in lieu of wall sign(for ground stories only) • Increased maximum area for projecting(blade)and hanging signs from 6 to 9 sf • Reduced changeable copy portion of sign from 50%to 30%;one sign only per establishment Recommendation Staff recommends approval of the ordinance to amend and reorganize the Oceanfront Resort District Form-Based Code. The ordinance for this item is included below.The complete redlined draft is available to download at www.v bgov.co m/o rd f bc. Oceanfront Resort District Form-Based Code Amendment Agenda Item 8 Page 5 Item#8 City of Virginia Beach An Ordinance to Amend and Reorganize Appendix 1,Oceanfront Resort District Form-Based Code,of the City Zoning Ordinance pertaining to Definitions (Chapters 1 and 8); Frontage and Building Types (Chapter 2);Setbacks(Chapter 3); Height (Chapter 4); Uses (Chapter 5);Site Development(Chapter 6);Optional Forms of Development and Alternative Compliance (Chapter 7); and Signs(Chapter 8). November 8,2017 CONSENT An Ordinance to Amend and Reorganize Appendix 1,Oceanfront Resort District Form-Based Code,of the City Zoning Ordinance pertaining to Definitions(Chapters 1 and 8); Frontage and Building Types(Chapter 2);Setbacks(Chapter 3); Height(Chapter 4); Uses(Chapter 5);Site Development(Chapter 6);Optional Forms of Development and Alternative Compliance (Chapter 7); and Signs (Chapter 8). A motion was made by Commissioner Oliver and seconded by Commissioner Ripley to approve item 8. AYE 10 NAYO ABSO ABSENT 1 HODGSON AYE HORSLEY AYE INMAN ABSENT KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 8 for consent. Ashby Moss appeared before the Commission. ;r t Cr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - 2016 COMPREHENSIVE PLAN AMENDMENT — AMENDING THE REFERENCE HANDBOOK TO ADD THE VIBE CREATIVE DISTRICT CONNECTIVITY PLAN AND OCEANFRONT RESORT DISTRICT CONNECTOR PARK DESIGN GUIDELINES AND TO AMEND THE OCEANFRONT RESORT DISTRICT DESIGN GUIDELINES MEETING DATE: December 5, 2017 • Background: Each of these three guideline documents addresses various design recommendations for land development in the Oceanfront Resort District. 1. The "ViBe Creative District Connectivity Plan" was created to provide a vision for critical pedestrian and bicycle connections between ViBe businesses and community destinations. 2. The "Oceanfront Resort District Connector Park Design Guidelines" are intended to protect and enhance pedestrian use, emergency and service vehicle access, viewsheds, and the aesthetic character of the public spaces connecting Atlantic Avenue to the Boardwalk. 3. The "Oceanfront Resort District Design Guidelines" apply to the entire Oceanfront Resort District and address a broad range of architectural, site, and sign design recommendations primarily for private development projects. Originally adopted in conjunction with the Oceanfront Resort District Form- Based Code in 2012, these design guidelines have been amended in accordance with the amendments to the Oceanfront Resort District Form- Based Code. • Considerations: These guiding documents will be a resource for property owners, developers, Staff, and elected and appointed officials when considering development projects in the Oceanfront Resort District. These can be applied to both private and public development initiatives. Further details pertaining to these documents and the Comprehensive Plan amendment are provided in the attached Staff report. There is no known opposition to this request. City of Virginia Beach Page 2 of 2 • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. • Attachments: Staff Report Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departmen ency: Planning Department4�(/ = k City Manager: 1 AN ORDINANCE TO ADOPT AND INCORPORATE INTO 2 THE VIRGINIA BEACH COMPREHENSIVE PLAN 2016, 3 THE "ViBe CREATIVE DISTRICT CONNECTIVITY PLAN," 4 DATED NOVEMBER 2017; AND THE "OCEANFRONT 5 RESORT DISTRICT CONNECTOR PARK DESIGN 6 GUIDELINES," DATED NOVEMBER 2017; AND AMEND 7 THE "OCEANFRONT RESORT DISTRICT DESIGN 8 GUIDELINES," DATED NOVEMBER 2017 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 WHEREAS, the ViBe Creative District Connectivity Plan, November 2017 has 14 been written to provide guidance for roadways and trail connectivity in the ViBe District 15 and is attached as Exhibit A; and 16 17 WHEREAS, the Oceanfront Resort District Connector Park Design Guidelines, 18 November 2017 have been written to provide guidance on the use and design of the 19 city's connector parks and is attached as Exhibit B; and 20 21 WHEREAS, the Oceanfront Resort District Design Guidelines, November 2017 22 have been amended to provide greater detail and information for the oceanfront resort 23 district and is attached as Exhibit C. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That the Comprehensive Plan of the City of Virginia Beach 2016 be, and hereby 29 is, amended and reordained by: 30 31 1. The adoption of the ViBe Creative District Connectivity Plan, November 32 2017 attached as Exhibit A. Such document is made a part hereof, having been 33 exhibited to the City Council and is on file in the Department of Planning; and 34 35 2 The adoption of the Oceanfront Resort District Connector Park Design 36 Guidelines, November 2017 attached as Exhibit B. Such document is made a part 37 hereof, having been exhibited to the City Council and is on file in the Department of 38 Planning; and 39 40 3. The amendment of the Oceanfront Resort District Design Guidelines, 41 November 2017 attached as Exhibit C. Such document is made a part hereof, having 42 been exhibited to the City Council and is on file in the Department of Planning. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning D¢partment ity A tto • 's Office `` CA14174 R-4 November 14, 2017 2 41\ Applicant City of Virginia Beach Agenda Item Public Hearing November 8, 2017 r Adopt ViBe Creative District Connectivity Plan and Oceanfront Resort District Connector Park Design Guidelines and Amend Virginia Beach Oceanfront Resort District Design Guidelines Request An Ordinance to Adopt and Incorporate into the Virginia Beach Comprehensive Plan 2016,the "ViBe Creative District Connectivity Plan," dated October 2017 and the"Oceanfront Resort District Connector Park Design Guidelines," dated April 2017 and to Amend the "Oceanfront Resort District Design Guidelines," dated October 2017. Summary of Request Each of these three guideline documents addresses various design recommendations for land development in the Oceanfront Resort District. 1. The "ViBe Creative District Connectivity Plan" provides recommended design criteria for specific public streets and particularly sidewalks in the ViBe Creative District.This plan will guide the design of capital projects for street improvements as well as streetscape improvements associated with private development projects. 2. The "Oceanfront Resort District Connector Park Design Guidelines"focus on the public spaces connecting Atlantic Avenue to the Boardwalk.While there is currently no capital project for the Connector Parks,these design guidelines will be referenced as oceanfront properties that abut the Connector Parks redevelop. 3. The "Oceanfront Resort District Design Guidelines"apply to the entire Oceanfront Resort District and address a broad range of architectural, site, and sign design recommendations primarily for private development projects. Having these guiding documents in place and adopted by City Council eliminates the guesswork and time necessary to form a consensus on the City's preferred design for various improvements.This is more efficient for both private developers and City Staff when planning and reviewing new projects. Recommendation Staff recommends approval of the ordinance to approve the "ViBe Creative District Connectivity Plan,"the "Oceanfront Resort District Connector Park Design Guidelines," and the revised "Oceanfront Resort District Design Guidelines." The ordinance for these items is included below.The draft documents are available to download from www.vbgovcont ordfbc. Oceanfront Plans and Design Guidelines Agenda Item 9 Page 1 Item 99 City of Virginia Beach An Ordinance to Adopt and Incorporate into the Virginia Beach Comprehensive Plan 2016,the "ViBe Creative District Connectivity Plan;'dated October 2017 and the "Oceanfront Resort District Connector Park Design Guidelines," dated April 2017 and to Amend the "Oceanfront Resort District Design Guidelines,"dated October 2017 November 8,2017 CONSENT An Ordinance to Adopt and Incorporate into the Virginia Beach Comprehensive Plan 2016,the "ViBe Creative District Connectivity Plan," dated October 2017 and the "Oceanfront Resort District Connector Park Design Guidelines," dated April 2017 and to Amend the "Oceanfront Resort District Design Guidelines,' dated October 2017. A motion was made by Commissioner Oliver and seconded from Commissioner Ripley to approve item 9. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN ABSENT KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 9 for consent. Ashby Moss appeared before the Commission. (,,,,,„,,„, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTIONS 111 AND 203 OF THE CITY ZONING ORDINANCE PERTAINING TO THE DEFINITION OF MUNICIPAL OCEANFRONT ENTERTAINMENT VENUE AND THE DELETION OF THE REQUIREMENT OF TEN YEAR SHARED PARKING AGREEMENTS. MEETING DATE: December 5, 2017 • Background: The City of Virginia Beach owns and leases multiple properties in the Oceanfront Resort District. These properties are frequently used to hold concerts, festivals, and other similar events; which are a valuable amenity for both visitors and residents of Virginia Beach. This amendment provides a definition for these sites, "Municipal Oceanfront Entertainment Venue," as well as allows for City Council to approve signage packages on these sites. In response to feedback from a number of local business owners regarding shared parking agreements, this amendment also removes the requirement that when parking is shared between properties, a ten (10)year agreement must be recorded with the Clerk of the Circuit Court. This amendment requires that an agreement between the property owners be continually maintained, and that the agreement be filed with the Zoning Office of the Planning Department. • Considerations: This amendment will be beneficial to the City and its business owners by addressing two specific revisions to the Zoning Ordinance. The first revision will allow for greater recognition of the City's unique oceanfront entertainment venues, and events that are being held. The second revision will encourage creative parking solutions by lessening the requirements for property owners to enter into shared parking agreements. Further details pertaining to the amendments, as well as Staff's evaluation 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. City of Virginia Beach - Municipal Oceanfront Entertainment Venue Page 2 of 2 is Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. 11,,��, �__-- Submitting Departure gency: Planning Department From( Li City Manager: 1 AN ORDINANCE TO AMEND SECTIONS 111 2 AND 203 OF THE CITY ZONING 3 ORDINANCE PERTAINING TO THE 4 DEFINITION OF MUNICIPAL OCEANFRONT 5 ENTERTAINMENT VENUE AND THE 6 DELETION OF THE REQUIREMENT OF TEN 7 YEAR SHARED PARKING AGREEMENTS 8 9 Sections Amended: §§ 111 and 203 of the City 10 Zoning Ordinance 11 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA: 17 18 That Sections 111 and 203 of the City Zoning Ordinance is hereby amended and 19 reordained to read as follows: 20 21 ARTICLE 1. - GENERAL PROVISIONS 22 23 24 25 Sec. 111. - Definitions. 26 27 28 29 Municipal oceanfront entertainment venue. An establishment located in the 30 Oceanfront Resort District on property owned or leased by the municipality, and the 31 principal use of which is to provide entertainment to the public consisting of live theatre 32 presentations, concerts, and similar activities. A municipal oceanfront entertainment 33 venue must meet the requirements of section 218. 34 35 36 37 ARTICLE 2. - GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 38 ALL DISTRICTS 39 40 41 42 Sec. 203. - Off-street parking requirements. 43 44 45 46 (b) General standards. The following requirements shall apply to all off-street parking 47 spaces: 48 49 50 51 (10)Parking, including for bicycles, may be shared among two (2) or more uses that 52 typically experience peak parking demands at different times and are located on 53 the same parcel or on separate parcels at a distance no greater than five 54 hundred (500)feet. 55 56 (i) For two (2) or more uses on the same parcel, or zoning lot the total number 57 of minimum required spaces may be reduced by the use of shared parking. 58 To qualify for shared parking, a current parking study shall be submitted to 59 the zoning administrator, who shall determine the final shared parking ratio. 60 A ten (10) year shared parking agreement shall be continually maintained 61 on the parcel or zoning lot in a form approved by the city attorney and a 62 signed copy shall be recorded with tho clerk of the circuit-oeult maintained 63 with the zoning administrator; 64 65 (ii) For two (2) or more uses on separate parcels within five hundred (500) feet 66 of the main pedestrian entry to a building, the total number of required 67 spaces may be reduced by the use of shared parking. To qualify for shared 68 parking, a current parking study shall be submitted to the zoning 69 administrator, who shall determine the final shared parking ratio under the 70 following conditions: 71 72 (a) A ton (10) yoar shared parking agreement shall be continually 73 maintained on the parcels in a form approved by the city attorney and a 74 signed copy shall be rocordod with the clerk of the circuit court 75 maintained with the zoning administrator, which shall maintain the 76 designated number of parking spaces; and 77 78 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: • r I a 1V /e . _ .__ C IVaV t QOr—) Planning Dep rtment City Attorney's Office CA14173 R-4 October 24, 2017 Applicant City of Virginia Beach Public Hearing November 8, 2017 Agenda Item Municipal Oceanfront Entertainment Venue & Shared �,,,,,., Parking Agreements 13 Virginia Beach Request An Ordinance to Amend Sections 111 and 203 of the City Zoning Ordinance pertaining to the Definition of Municipal Oceanfront Entertainment Venue and the Deletion of the requirement of Ten Year Shared Parking Agreements. Summary of Request The City of Virginia Beach owns or leases multiple properties in the Oceanfront Resort District.These areas are frequently used to hold concerts,festivals, and other similar events.These properties are unique in the variable uses and services they provide.To accommodate these properties, specifically in regard to signage requirements, this Ordinance adds a definition of a "Municipal Oceanfront Entertainment Venue."The definition is listed below: Municipal oceanfront entertainment venue-An establishment located in the Oceanfront Resort District on property owned or leased by the municipality, and the principal use of which is to provide entertainment to the public consisting of live theatre presentations, concerts, and similar activities.A municipal oceanfront entertainment venue must meet the requirements of Section 218. This Ordinance also proposes a modification to the requirements for shared parking.The Zoning Ordinance currently requires that to share parking,the two property owners must enter into a ten (10)year agreement that is recorded with the Clerk of the Court.Staff has received frequent feedback that the time span and recordation requirement significantly impacts property owners'willingness to enter into such an agreement, and thus properties are not able to share parking.The proposed amendment allows the City to continue to regulate shared parking agreements, but make it a more efficient process for the property owners.The shared parking section is described below. • The shared parking areas must be on the same parcel or on separate parcels located no further than 500 feet apart. • A shared parking agreement must be continually maintained on the parcel or zoning lot.There is no longer a ten (10)year minimum required. • A copy of the agreement must be maintained with the Zoning Administrator.There is no longer a requirement to record such agreement with the Clerk of the Circuit Court. City of Virginia Beach Agenda Item 13 Page 1 Recommendation The Ordinance is in response to a multitude of feedback from local business owners regarding a desire to change the requirements for shared parking. This Ordinance allows more flexibility to encourage creative parking arrangements in instances where a use cannot accommodate the minimum number of required parking spaces on site. Eliminating both the ten year minimum time limit and the requirement to record a legal agreement with the Circuit Court will make the shared parking process easier and less expensive for property owners. City of Virginia Beach Agenda Item 13 Page 2 Item#13 City of Virginia Beach An Ordinance to Amend Sections 111 and 203 of the City Zoning Ordinance pertaining to the Definition of Municipal Oceanfront Entertainment Venue and the Deletion of the requirement of Ten Year Shared Parking Agreements November 8,2017 CONSENT An Ordinance to Amend Sections 111 and 203 of the City Zoning Ordinance pertaining to the Definition of Municipal Oceanfront Entertainment Venue and the Deletion of the requirement of Ten Year Shared Parking Agreements. A motion was made by Commissioner Oliver and seconded by Commissioner Ripley to approve item 12. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN ABSENT KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 13 for consent. Kevin Kemp appeared before the Commission. IC.APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE (MEDAC) PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VIRGINIA STORM WATER APPEALS BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION L. UNFINISHED BUSINESS M.NEW BUSINESS N. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers *********************************** If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at(757)385-4303 ***r:***************a**x* CITY COUNCIL SESSIONS for January 2, 2018 Postponed to January 9, 2018 12/5/17/st CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE I I/21/2017 PAGE: I U A AGENDA V ITEM t/ SUBJECT MOTION VOTE A F H E W B N E J S U 1 B PDNOKMSH LW O 0 Y LNAOOR SO T R EEENSMI 00 T T R TS FS SNND CITY COUNCIL/SCHOOL BOARD JOINT WORKSHOP FIVE-YEAR FINANCIAL FORECAST Greg Grootendorst, A. Chief Economist, HRPD Commission David Bradley, Director,Budget Management Services Farrell Hanzaker, Chief Financial Officer,Schools IL CITY MANAGER'S BRIEFINGS A. CENTRAL BEACH DISTRICT 'Ionia Alger, STORMWATER PROJECT Project Manager- Public Works B. CITY'S CYBER SECURITY UPDATE Peter"Pedro" Wallace, Director- Information Technology IMII/IVN/ CERTIFICATION OF CLOSED VI SESSION CERTIFIED 10-0 Y Y V Y Y TY Y A V Y A-F F/G MINUTES: 10-0 November 9,2017 APPROVED Y TY Y Y V Y Y A Y Y PUBLIC HEARING NO SPEAKERS Acquisition,by agreement or condemnation Burton Station/Baker Road Drainage hnprovement Project 2. Wildfire SG,Inc.,License/Usage for NO SPEAKERS space to install wireless equipment- a. City's traffic signal pole at the intersection of Newtown and Baker Roads b. City-owned fiber optic cable installation to connect at Newtown/Baker Roads and Northampton Boulevard/ Diamond Springs Roads 1. Amendment to the FY 2019-18 Capital 8 SPEAKERS Budget for Central Resort District Drainage Improvements 1. Resolution naming the Virginia Beach ADOPTED,BY 10-0 Y Y Y Y V Y Y Y A Y Y Convention Center Ballroom,"James CONSENT B.Ricketts Ballroom' 2. Ordinance to AMEND City Code§17-3 ADOPTED,BY 10-0 Y TY Y TY V Y A Y Y re Public Library Board CONSENT terms9imitations CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATFJ1/21/2017 PAGE: 2 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H E W R N E I S U 1 B P EINOK MS H LW O 0 Y L N A 0 0 R SO T R E E ENSMI 00 T T R Y S E S SEND 3. Ordinance to AUTHORIZE acquisition ADOPTED,BY 10-0 YY Y Y Y EYE A Y Y of temporary comsmiction/permanent CONSENT drainage easements for the Burton Station/Baker Road Drainage Improvement Project by agreement or condemnation 4. Ordinances to EXECUTE an Agreement ADOPTED,BY 9-0 Y A Y Y V Y V Y A Y Y /Lease with Wildfire SG Inc,: CONSENT B S a. Use of City-owned traffic signal pole to T install wireless equipment at Newtown A Baker Roads I N b. Lease bundles of City-owned dark fiber optic cable at Newtown/Baker Roads/ D Northampton Boulevard/Diamond Springs Roads 5. Ordinance to ACCEPT and APPROPRIATE a 55,292,784 from FEMA to the Central DEFERRED 60 10-0 Y Y V Y Y Y Y Y A Y Y Resort District Drainage DAYS Improvements project h. $46,068 to the Fire Department for the ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y Hamoat Team CONSENT K. WATER BOXES,LIG: a. Conditional COZ from B-2 and R-7.5 to Conditional BA and P-1 APPROVED/ PROFFERED/ 10-0 VEVEY Y Y Y A Y V b. CUP re multi-family dwelling/ CONDITIONED, commercial marina at 2100 Marina AS AMENDED Shore Drive DISTRICT 5-LYNNHAVEN 2 COURTHOUSE AREA CHARITY/ APPROVED/ 10-0 Y Y Y Y V YEE A Y V PRINCESS ANNE MASONIC CONDITIONED, LODGE ETC CUP re assembly use BY CONSENT at 2849 Princess Anne Road DISTRICT 7—PRINCESS ANNE 3. CAVALIER GOLF&YACHT CLUB APPROVED/ 8-0 Y A V Y Y V V A A Y V closure of public right-of-way,known CONDITIONED, H B as Cardinal Road BY CONSENT S S DISTRICT 5—I YNNHAV EN T T A A 1 I N N E E D D CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE 11/21/2019 PAGE. 3 D A AGENDA V ITEM II SUBJECT MOTION VOTE A F H F W B N E I S 1) I B PDNORMSHLW O 0 Y LN A 0 0 R S 0 T R EEENSM I 00 T T R Y S E S SNND L. APPOINTMENTS: RESCHEDULED BYCONS ENS US BEACHES and WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE(MEDAC) PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION (RAC) SENIOR SERVICES OF SOUTHEASTERN VIRGINIA STORMWATER APPEALS BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION BOARD OF ZONING APPEALS Reappointed: lames Oglesby 5 year term 10-0 Y Y Y Y Y Y Y Y A Y Y 01/012018- 12/31/2022 CHESAPEAKE BAY Reappointed: PRESERVATION AREA BOARD David France June Barrett- 10-0 Y Y Y Y Y Y Y Y A Y Y McDaniels Reese Smith,Jr Dennis Sobota 3 year term 01/01/18- 12/31/20 Appointed: Casey M.Jones Michael Steicr 3 year term 11/21/17- 12/31/20 COMMUNITY SERVICES BOARD Appointed: (CSB) Carla Hesseltine 10-0 Y Y Y Y Y Y Y Y A V Y 3 year term 1121/17- 12/3120 HISTORIC PRESERVATION Reappointed: COMMISSION Michael Ashe Sharon Felton Diane Horsley Lee I°ckamy C.Mac Rawls 3 year term 01/01/18- 12/31/20 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:I 121/2017 PAGE: 4 A AGENDA V ITEM SUBJECT MOTION VOTE A F H E W B N E 1 S U I B P DNOKMS H LW O 0 Y LN A 0 0 R S 0 TR EEENSM I 0 0 T TR TS E S SNND MM/0 ADJOURNMENT 7:45 PM