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05-01-2018 AGENDA
CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL cpN1A•BE4c MAYOR(VACANT)At-Large L VICE MAYOR LOUIS R.JONES,Bayside-District 4 �� • JESSICA P.ABBOTT;Kempsville-District 2 °` 2e s M.BENJAMIN DAVENPORT,At Large , C` ROBERT M.DYER,Centerville-District I BARBARA M.HENLEY,Princess Anne-District 7 s d' • ' SHANNON DS KANE,Rose Hall-District 3 JOHN D.MOSS,At Large '' of o ods e JOHN E.UHRIN,Beach-District 6 ROSEMARY WILSON,At-Large JAMES L. WOOD,Lynnhaven-District 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-DAVID L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE::(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR FAX(757)385-5669 CITY AUDITOR-LYNDONS.REMIAS May1, 2018 E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK-AMANDA BARNES VICE MAYOR LOUIS R. JONES PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room - 3:00 PM A. FY2018-19 RESOURCE MANAGEMENT PLAN (Budget) 1. TREASURER John T. Atkinson 2. COMMISSIONER OF THE REVENUE Phillip Kellam 3. GENERAL REGISTRAR Donna Patterson 4. CITY ATTORNEY Mark Stiles 5. CITY AUDITOR Lyndon Remias 6. CITY CLERK Amanda Barnes 7. REAL ESTATE ASSESSOR Ronald Agnor 8. FINANCE Patti Phillips, Director 9. HUMAN RESOURCES Regina Hilliard, Director 10. COMMUNICATIONS OFFICE Julie Hill, Director 11. STiR OFFICE Ken Chandler, Deputy City Manager 12. BUDGET AND MANAGEMENT SERVICES David Bradley, Director 13.NON-DEPARTMENTAL David Bradley, Director—Management Services 14. CITY MANAGER David L. Hansen B. BURTON STATION, STRATEGIC GROWTH AREA (SGA) UPDATE Mark Shea, Comprehensive Planning Coordinator C. ASHVILLE PARK UPDATE Barry Frankenfield, Director, Planning and Community Development Tom Leahy, Deputy City Manager D. PRIVATE-PUBLIC EDUCATION AND INFRASTRUCTURE ACT (PPEA) PROCEDURE REVISIONS Taylor Adams, Finance Operations Administrator Dana Harmeyer, Senior City Attorney II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room- 5:30 PM A. CALL TO ORDER—Vice Mayor Louis R. Jones B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER—Vice Mayor Louis R. Jones B. INVOCATION: Rabbi Marc Kraus Temple Emmanuel 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 April 17, 2018 G. CITY COUNCIL SELECTION OF THE MAYOR H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. PUBLIC HEARINGS 1. EXTENSION OF CABLE FRANCHISE Cox Communications, LLC. 2. ACQUISITION OF REAL PROPERTY Princess Anne Road Phase VII 3. ACQUISITION OF REAL PROPERTY Fire/EMS Station at Burton Station 4. PROPOSED REAL PROPERTY TAX RATE (EFFECTIVE TAX INCREASE) J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND City Code Sections: a. 5-531 re leash law b. 5-532 and 5-533 re barking dogs and nuisance animals generally 2. Resolution to EXTEND the City's Cable Franchise with Cox Communications until the earlier of November 23, 2018 or the date on which the franchise is renewed 3. Ordinance to AUTHORIZE the acquisition of property in fee simple for right-of-way re Princess Anne Road Phase VII Project and the acquisition of temporary and permanent easements, either by agreement or condemnation 4. Ordinance to AUTHORIZE the acquisition of property in fee simple re Fire and EMS Station at Burton Station Project by condemnation due to unknown ownership 5. Resolution to DIRECT the City Attorney to file a petition for Writ of Special Election re vacancy in the Office of Mayor 6. Ordinance to TRANSFER $293,815 from the General Fund Reserve to the Office of Voter Registration & Elections re Democratic and Republican Primary Elections 7. Resolutions to APPOINT: a. Robin Wilcox as Deputy City Clerk II b. Paige McGraw as Deputy City Clerk II 8. Ordinance to AUTHORIZE the City Attorney to PEITION the Circuit Court to appoint a Special Commissioner to execute the necessary deeds to CONVEY three (3) parcels of land in the Lake Edward Neighborhood to the City and AUTHORIZE the City Manager to ACCEPT title to the three (3) parcels and to ACCEPT dedications of easements re lake improvements 9. Resolution to APPROVE an Extension of the Town Center Option Agreement and RECOMMEND the Virginia Beach Development Authority APPROVE the Extension 10. Ordinances to AUTHORIZE temporary encroachments into a portion of city property known as: a. Lake Wesley at the rear of 504 Kerry Lane b. North Bay at the rear of 353 Back Bay Crescent 11. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE the Memorandum of Agreement (MOA) re ESTABLISH the Hampton Roads Regional Stormwater Management Program between the City and the Hampton Roads Planning District Commission(HRPDC) 12. Resolutions to REQUEST the Virginia Department of Transportation(VDOT) to accept: a. Additional Streets for Urban Maintenance Payments b. Corrections/Deletions to the Road Inventory for Urban Maintenance Payments 13. Resolution to AFFIRM COMMITMENT to fund the local share of Revenue Sharing Projects with the Virginia Department of Transportation (VDOT)under the Programmatic Project Administration Agreement and AUTHORIZE the City Manager to enter into any necessary agreements for project development 14. Ordinances to ACCEPT and APPROPRIATE: a. $673,655 from the Virginia Department of Transportation (VDOT) to the FY 2017-18 Operating Budget for Public Works re maintenance of roadways b. $3,000 from the Tidewater Bicycle Association to the City Bikeways and Trails Plan Implementation II re installation of bike racks c. $23, 480 from the Virginia Department of Criminal Justice Services to the Police Department re staff recruitment K. PLANNING 1. ISHWAR, LLC for a Modification of Conditions re motor vehicle rentals at 5924 Indian River Road (Approved September 19, 2017) DISTRICT 1—CENTERVILLE RECOMMENDATION: APPROVAL 2. DRAGAS ASSOCIATES, INC. ET AL for a Conditional Change of Zoning from R-10 Residential to Conditional A-24 Apartment at the southwest corner of Haygood Road & Wesleyan Drive DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 3. GLASER ENTERPRISES, INC. & GLASER, LLC for a Conditional Use Permit re bulk storage yard at 2584 Horse Pasture Road DISTRICT 3—ROSE HALL RECOMMENDATION: APPROVAL 4. D&S WILLIAMS, INC. & LONDON BRIDGE, LLC for a Conditional Use Permit re automobile repair garage at 113 Pennsylvania Avenue DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 5. BURGER BUSTERS, INC. & BALBOA, LLC for Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code re drive-through restaurant at the northwest corner of Pacific Avenue & 29th Street DISTRICT 6—BEACH RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL L. APPOINTMENTS BOARD OF BUILDING CODE APPEALS COMMUNITY POLICY AND MANAGEMENT TEAM GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD MINORITY BUSINESS COUNCIL STORMWATER APPEALS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************* ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** FY 2018-2019 RESOURCE MANAGEMENT PLAN SCHEDULE RECONCILIATION WORKSHOP May 8th FORMAL SESSION/ADOPT BUDGET—City Council Chamber May 15th 04/25/2018 pm VICE MAYOR LOUIS R.JONES PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room - 3:00 PM A. FY2018-19 RESOURCE MANAGEMENT PLAN (Budget) 1. TREASURER John T. Atkinson 2. COMMISSIONER OF THE REVENUE Phillip Kellam 3. GENERAL REGISTRAR Donna Patterson 4. CITY ATTORNEY Mark Stiles 5. CITY AUDITOR Lyndon Remias 6. CITY CLERK Amanda Barnes 7. REAL ESTATE ASSESSOR Ronald Agnor 8. FINANCE Patti Phillips, Director 9. HUMAN RESOURCES Regina Hilliard, Director 10. COMMUNICATIONS OFFICE Julie Hill, Director 11. STiR OFFICE Ken Chandler,Deputy City Manager 12. BUDGET AND MANAGEMENT SERVICES David Bradley, Director 13.NON-DEPARTMENTAL David Bradley, Director —Management Services 14. CITY MANAGER David L. Hansen B. BURTON STATION, STRATEGIC GROWTH AREA(SGA)UPDATE Mark Shea, Comprehensive Planning Coordinator C. ASHVILLE PARK UPDATE Barry Frankenfield, Director, Planning and Community Development Tom Leahy, Deputy City Manager D. PRIVATE-PUBLIC EDUCATION AND INFRASTRUCTURE ACT (PPEA) PROCEDURE REVISIONS Taylor Adams, Finance Operations Administrator Dana Harmeyer, Senior City Attorney II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER—Vice Mayor Louis R. Jones B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Vice Mayor Louis R. Jones B. INVOCATION: Rabbi Marc Kraus Temple Emmanuel 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 April 17, 2018 G. CITY COUNCIL SELECTION OF THE MAYOR H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. PUBLIC HEARINGS 1. EXTENSION OF CABLE FRANCHISE Cox Communications, LLC. 2. ACQUISITION OF REAL PROPERTY Princess Anne Road Phase VII 3. ACQUISITION OF REAL PROPERTY Fire/EMS Station at Burton Station 4. PROPOSED REAL PROPERTY TAX RATE (EFFECTIVE TAX INCREASE) rCt -- „-1 rei}a t: ;r NOTICE OF PUBLIC HEARING On Tuesday,May 1,2018,at 6:00 p.m., in the Council Chambers of the City Hall Building,2401 Courthouse Drive,Virginia Beach, Virginia, the Virginia Beach City Council will hold a PUBLIC HEARING concerning the proposed further extension of the cable franchise held by Cox Communications Hamptons Roads, L.L.C. ("Cox"). The current extension expires on May 23, 2018, and Cox desires to further extend to the earlier of November 23,2018 or the date on which the franchise is renewed. All other provisions of the franchise will remain in effect during the extension period. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303;Hearing impaired, call TDD only 385-0305 (TDD - Telephone Device for the Deaf). Any questions concerning this matter should be directed to the City Attorney's Office at(757)385-4531. All interested parties are invited to attend. Amanda Barnes,MMC City Clerk BEACON:Sunday,April 22, 2018 gyy ya 4 �,s�s�.g�+°4�1�,J PUBLIC HEARING ACQUISITION.BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed acquisition, by agreement or condemnation, of property and easements necessary for the Princess Anne Road Phase VII Project (CIP #2- 195), Tuesday, May 1, 2018 at 6:00 p.m.,in the Council Chamber of the City Hall Building(Building#1)at the Virginia Beach Municipal Center,Virginia Beach, Virginia. The plans for the project are entitled: "Princess Anne Road Phase VII CIP 2-195, CIP 6-106, PWCN 4-0075" and are on file in the Public Works Department,Building#2,3'd floor at the Virginia Beach Municipal Center,Virginia Beach, Virginia. The purpose of this hearing will be to obtain public input regarding authorizing condemnation, if necessary,for this project. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 7573854303; Hearing Impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Office Real Estate, Building#2, Room 392, at the Virginia Beach Municipal Center, (757) 385-4161. All interested parties are invited to attend. Amanda Barnes,MMC City Clerk BEACON: Sunday,April 22, 2018 r70 -1A.BFIc'it PUBLIC HEARING ACQUISITION,BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed acquisition, by agreement or condemnation, of two strips of property . from unknown owners/heirs, necessary for the Fire / EMS Station in Burton Station (CIP 3-075), Tuesday, May 1, 2018 at 6:00 p.m., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The plans for the project are entitled: "Burton Station Fire / EMS Station" and are on file in the Public Works Department in Building #2, 3itl floor at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this hearing will be to obtain public input regarding authorizing condemnation, if necessary, for this project. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757-385-4303; Hearing impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Office Real Estate, Building#2, Room 392, at the Virginia Beach Municipal Center, (757) 385-4161. All interested parties are invited to attend. Amanda Barnes,MMC City Clerk BEACON:Sunday,April 22, 2018 NOTICE OF PROPOSED REAL PROPERTY TAX INCREASE AND PUBLIC HEARING Tax Increase Caused by Increase in Annual Assessment The City of Virginia Beach proposes to increase property tax levies. 1. Assessment Increase: Total assessed value of real property, excluding additional assessments due to new construction or improvements to property,exceeds last year's total assessed value of real property by 1.96 percent. 2. Lowered Rate Necessary to Offset Increased Assessment: The tax rate, which would levy the same amount of real estate tax as last year, when multiplied by the new total assessed value of real estate with the exclusions mentioned above, would be$0.9832 per$100 of assessed value. This rate will be known as the "lowered tax rate." 3. Effective Rate Increase: The City of Virginia Beach proposes to adopt a tax rate of $1.0025 per $100 of assessed value. The difference between the lowered tax rate and the proposed rate would be$0.0193 per$100,or 1.96 percent. This difference will be known as the"effective tax rate increase." Individual property taxes may, however, increase at a percentage greater than or less than the above percentage. 4. Proposed Total Budget Increase: Based on the proposed real property tax rate and changes in other revenues,the total budget of the City of Virginia Beach will exceed last year's by 2.4 percent. NOTE: The FY 2018-19 Operating Budget as submitted to the City Council proposes maintaining the current real estate tax rate at$1.0025 on each $100 of assessed real property. Since the effective rate increase in assessments is over 1.00%, the preceding information was provided pursuant to Code of Virginia § 58.1-3321. Public Hearing A Public Hearing on the effective rate increase will be held on Tuesday May 1, 2018 at 6:00 p.m. in the City Council Chamber on the second floor of the City Hall Building (Building #1), 2401 Courthouse Drive, Virginia Beach, Virginia 23456.This hearing is open to the public,and all interested citizens will have an opportunity to be heard. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303; hearing impaired, call TDD—711. Amanda Barnes, MMC City Clerk Note: 1. Heading to be at least 18-point size. 2. Advertisement to appear on April 1, 2018. 3. Ad size to be at least one-eighth page. 4.Ad is not to be placed in that portion of the newspaper reserved for legal notices or classified advertisement. J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND City Code Sections: a. 5-531 re leash law b. 5-532 and 5-533 re barking dogs and nuisance animals generally 2. Resolution to EXTEND the City's Cable Franchise with Cox Communications until the earlier of November 23, 2018 or the date on which the franchise is renewed 3. Ordinance to AUTHORIZE the acquisition of property in fee simple for right-of-way re Princess Anne Road Phase VII Project and the acquisition of temporary and permanent easements, either by agreement or condemnation 4. Ordinance to AUTHORIZE the acquisition of property in fee simple re Fire and EMS Station at Burton Station Project by condemnation due to unknown ownership 5. Resolution to DIRECT the City Attorney to file a petition for Writ of Special Election re vacancy in the Office of Mayor 6. Ordinance to TRANSFER$293,815 from the General Fund Reserve to the Office of Voter Registration & Elections re Democratic and Republican Primary Elections 7. Resolutions to APPOINT: a. Robin Wilcox as Deputy City Clerk II b. Paige McGraw as Deputy City Clerk II 8. Ordinance to AUTHORIZE the City Attorney to PEITION the Circuit Court to appoint a Special Commissioner to execute the necessary deeds to CONVEY three (3)parcels of land in the Lake Edward Neighborhood to the City and AUTHORIZE the City Manager to ACCEPT title to the three(3)parcels and to ACCEPT dedications of easements re lake improvements 9. Resolution to APPROVE an Extension of the Town Center Option Agreement and RECOMMEND the Virginia Beach Development Authority APPROVE the Extension 10. Ordinances to AUTHORIZE temporary encroachments into a portion of city property known as: a. Lake Wesley at the rear of 504 Kerry Lane b. North Bay at the rear of 353 Back Bay Crescent 11. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE the Memorandum of Agreement(MOA) re ESTABLISH the Hampton Roads Regional Stormwater Management Program between the City and the Hampton Roads Planning District Commission(HRPDC) 12. Resolutions to REQUEST the Virginia Department of Transportation (VDOT)to accept: a. Additional Streets for Urban Maintenance Payments b. Corrections/Deletions to the Road Inventory for Urban Maintenance Payments 13. Resolution to AFFIRM COMMITMENT to fund the local share of Revenue Sharing Projects with the Virginia Department of Transportation(VDOT)under the Programmatic Project Administration Agreement and AUTHORIZE the City Manager to enter into any necessary agreements for project development 14. Ordinances to ACCEPT and APPROPRIATE: a. $673,655 from the Virginia Department of Transportation(VDOT) to the FY 2017-18 Operating Budget for Public Works re maintenance of roadways b. $3,000 from the Tidewater Bicycle Association to the City Bikeways and Trails Plan Implementation II re installation of bike racks c. $23, 480 from the Virginia Department of Criminal Justice Services to the Police Department re staff recruitment r rri feo4- .4,,4 S , ___ „if ,z,, ..„ --,==v,-- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 5-531 of the City Code Pertaining to Keeping Dogs Under Restraint; Leash Law MEETING DATE: May 1, 2018 • Background: The City currently requires dogs to be on a leash while on any public street, sidewalk or right-of-way, and City parks. This ordinance would require that the leash or lead be a physical one that is attached to the collar or harness of the dog, as opposed to other, less secure or invisible means of restraint. This ordinance would also remove certain subdivisions south of the trace line that previously were not subject to this law in order to reflect changes in development of those areas since the law was enacted. • Considerations: Requiring a physical leash or lead ensure that dogs will be securely restrained, aids in the ability to enforce the leash law, and also ensures that others present can observe that a dog is on a leash, as opposed to invisible or remote options. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Approval • Attachments: Ordinance Recommended Action: Approval ` Submitting Department/Agency: Police City Manag 'R.,a - 1 AN ORDINANCE TO AMEND SECTION 5-531 2 OF THE CITY CODE PERTAINING TO 3 KEEPING DOGS UNDER RESTRAINT; 4 LEASH LAW 5 6 SECTION AMENDED: § 5-531 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 5-531 of the Code of the City of Virginia Beach, Virginia, is 12 amended and reordained to read as follows: 13 14 Sec. 5-531. - Keeping dogs under restraint; leash law. 15 (a) It shall be unlawful for the owner or custodian of any dog to permit the dog to go 16 upon any city park, public street, sidewalk or right-of-way, excluding the public 17 beaches of the city, unless it is kept firmly secured by a physical leash or lead 18 attached to a collar or harness or other means of restraint not harmful or injurious to 19 the—deg and under the control of a responsible person capable of physically 20 restraining the dog. 21 (b) Any person who does not restrain his dog, in accordance with this section, whether 22 such person be the owner or custodian of such dog, shall be guilty of a class 4 23 misdemeanor. The animal control officer or police officer may issue a summons to 24 any person he finds in violation of this section. 25 (c) For the purpose of this section "city park" means any city-owned and operated 26 property open to the public for general recreational use, including, but not limited to 27 traditional park areas, canoe and kayak launch areas, and the disabled children's 28 beach playground known as Grommet Park. 29 (d) Exceptions. 30 (1) This section shall not apply to any person who uses a dog under his direct 31 supervision while lawfully hunting, while engaged in a supervised formal 32 obedience training class or show, or during formally sanctioned field trials. 33 (2) This section shall not apply to any person south of the trace line beginning at 34 the intersection of Elbow Road and the Chesapeake-Virginia Beach City 35 boundary line; thence northeastwardly along Elbow Road to Salem Road; 36 thence southeastwardly along Salem Road to North Landstown Road; thence 37 northeastwardly along Landstown Road to Princess Anne Road; thence 38 southeastwardly along Princess Anne Road to Sandbridge Road; thence 39 eastwardly along Sandbridge Road to its intersection with the Atlantic Ocean; 40 with the exception of -- . ._ . . ! - __. - - , _ - . •: - -- 41 !- - - -- .e•• •• - •• .- e -- - - - -- - - - - e - - any other areas 42 zoned for residential use. 43 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: T;141-0-0 PA a Police Department City Att ey's Office9/0444-pitr) CA14335 R-1 April 3, 2018 gc;:l.A$f,I;, ifcod ,c7. 1..M t si (1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 5-532 and 5-533 of the City Code Pertaining to Barking Dogs and Nuisance Animals Generally MEETING DATE: May 1, 2018 • Background: This ordinance amends City Code § 5-532, which requires persons keeping dogs to prevent them from disturbing the peace of others by barking in a loud, continuous, or untimely manner to include more descriptive behaviors (whining, howling, or crying) which could equally create a nuisance for neighbors. This ordinance also amends City Code § 5-533 to include a third violation of City Code § 5-332 within a twelve (12) month period as an additional basis for a determination that an animal is a nuisance in order to provide law enforcement and the courts an additional enforcement mechanism to modify improper behaviors for repeat offenders of § 5-532. • Considerations: These amendments will allow Animal Control officers to better enforce and regulate animal behaviors which create nuisances in the community. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Approval • Attachments: Ordinance Recommended Action: Approval Submitting Dep. • ent/Agency: Polic9e City Manager: 1 1 AN ORDINANCE TO AMEND SECTIONS 5- 2 532 AND 5-533 OF THE CITY CODE 3 PERTAINING TO BARKING DOGS AND 4 NUISANCE ANIMALS GENERALLY 5 6 SECTIONS AMENDED: §§ 5-532 AND 5-533 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Sections 5-532 and 5-533 of the Code of the City of Virginia Beach, Virginia, 12 are amended and reordained to read as follows: 13 14 Sec. 5-532. - Barking dogs. 15 16 (a) It shall be unlawful for any person to keep a dog without exercising proper care 17 and control of such dog to prevent it from disturbing the peace of others by 18 barking, whining, howling, or crying without provocation in a loud, continuous or 19 untimely manner. Any person, whether as owner, tenant, occupant, lessee or 20 otherwise, in charge or control of the property where such dog is kept, or the 21 owner of such dog, shall be responsible for exercising control of such dog under 22 this section. 23 (b) It shall be the duty of any animal control officer or police officer, who may find any 24 dog disturbing the peace of others by barking, whining, howling, or crying without 25 provocation in a loud, continuous or untimely manner, to advise the owner of such 26 dog, or the person in charge or control of the property where such dog is kept, to 27 exercise proper control and care of such dog to prevent it from barking, whining, 28 howling, or crying in such manner. If such owner or person refuses to cooperate 29 with the police officer or animal control officer, or is unable to prevent such dog 30 from barking, whining, howling, or crying in such manner, or if the animal control 31 officer or police officer is unable to locate any person on the property where such 32 dog is kept, it shall be the duty of the animal control officer or police officer to take 33 such dog into possession. The impoundment provisions of section 5-400 of this 34 chapter shall be applicable to and followed by animal control officers, the bureau 35 of animal control and police officers upon taking possession of any dog under this 36 section. 37 (c) The animal control officer or police officer may issue a summons to any person he 38 finds in violation of this section. 39 Sec. 5-533. - Nuisance animals generally. 40 (a) No owner shall fail to exercise proper care and control of his animals to prevent 41 them from becoming a public nuisance. Molesting a passerby, attacking without 42 seriously injuring any person without provocation on two (2) or more occasions, 43 chasing vehicles, habitually attacking but not seriously injuring other domestic 44 animals, trespassing upon school grounds, or trespassing upon private property in 45 such manner as to damage property shall be deemed a nuisance. Three (3) or 46 more violations of City Code sections 54-530 or 5-532 in any twelve-month period 47 shall also be deemed a nuisance. 48 (b) Any person owning or having in his possession or under his control any animal 49 constituting a nuisance shall be summoned before the general district court of the 50 city to show cause why such animal should not be confined, disposed of or 51 removed or the nuisance otherwise abated and, upon proof that the animal 52 constitutes a public nuisance, the animal in question shall, by order of the general 53 district court of the city, either be confined, removed from the city, or the nuisance 54 activity otherwise abated as such court shall order. It shall be unlawful and shall 55 constitute contempt of court for any person to harbor or conceal any animal which 56 has been ordered disposed of or removed by the general district court, or to fail to 57 confine or restrain an animal when such an order has been entered by the court. 58 (c) Any person who owns any dog, cat or other animal that has been adjudged a 59 nuisance pursuant to this section by the general district court and who appeals 60 that decision to the circuit court shall be responsible for the fees connected with 61 the impounding of the animal by the bureau of animal control. If on appeal the 62 circuit court determines that the dog, cat or other animal is not a nuisance, no 63 such fees for the impounding of the animal shall be imposed. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Police Department ity •rn— s Office CA14371 R-1 April 19, 2018 /'G�Hu Br.�, 4 (uL-- S (i,it Ji �C:.+'tib++ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Extend the City's Cable Franchise with Cox Communications Until the Earlier of November 23, 2018 or the Date on Which the Franchise is Renewed MEETING DATE: May 1, 2018 • Background: On May 23, 2006 the City granted a 10-year cable franchise (the "Cable Franchise") to Cox Communications Hampton Roads, L.L.C. ("Cox"). Under federal law, a local franchising authority such as the City may undertake to identify the community's future cable-related needs and interests and to review the performance of the cable operator. The City engaged the services of an outside consultant to perform a needs assessment for this purpose. Prior to the expiration date of May 23, 2016 ("Expiration Date"), the parties agreed to two 12- month extensions pursuant to City Council Resolutions RES-03789 and RES- 03847, to continue negotiations of a renewal agreement ("Franchise Renewal"). The City is continuing to work with the consultant and Cox to negotiate the Franchise Renewal and desires to further extend the current terms of the Cable Franchise until the parties are able to finalize the Franchise Renewal. • Considerations: The City granted the initial Cable Franchise in 2006. Over the past 10 years, much has changed regarding this technology and its availability throughout the City. This extension will allow City staff to fully assess the residents' needs identified in the consultant's report in order to better negotiate the terms of the Franchise Renewal. This Resolution will authorize the City Manager to execute an extension of the Cable Franchise so that Cox can continue to provide cable services within the City until the Franchise Renewal is complete. • Public Information: Advertisement of City Council Agenda • Recommendations: Approval • Attachments: Disclosure Statement Resolution Extension Agreement Recommended Action: Adoption of Resolution Submitting Department: Information Technology L City Manager: �`e 1 A RESOLUTION TO EXTEND THE CITY'S CABLE 2 FRANCHISE WITH COX COMMUNICATIONS 3 UNTIL THE EARLIER OF NOVEMBER 23, 2018 4 OR THE DATE ON WHICH THE FRANCHISE IS 5 RENEWED 6 7 WHEREAS, the extension of the City's current cable franchise with Cox 8 Communications Hampton Roads, L.L.C. ("Cox"), expires on May 23, 2018; 9 10 WHEREAS, the City has been conducting a public needs assessment 11 concerning the renewal of such franchise and has been engaged with Cox in 12 negotiations to that end; 13 14 WHEREAS, review of the needs assessment and negotiations cannot be 15 concluded prior to the expiration date of the current extension to the franchise; and 16 17 WHEREAS, the parties wish to enter into a second extension of the term of the 18 current franchise to the earlier of November 23, 2018 or the date on which the franchise 19 is renewed, under the same terms and conditions set forth in the franchise; and 20 21 WHEREAS, the requested extension will not affect Cox's customers, except to 22 allow them to continue to receive cable service from Cox. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That the City Manager is hereby authorized and directed to execute, on behalf of 28 the City, the agreement entitled "THIRD AMENDMENT OF CABLE TV FRANCHISE 29 AGREEMENT", dated _, 2018, by and between the City of Virginia Beach 30 and Cox, which agreement is appended hereto and a copy thereof is on file and 31 available for public inspection in the Office of the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: I - .(die_iqeu dT) LS-ty INFORMATION TECHNOLOGY CITY ATTORNEY'S OFFICE CA14227 April 10, 2018 R-1 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d010\p029\00465995.docx THIRD AMENDMENT OF CABLE TV FRANCHISE AGREEMENT COX COMMUNICATIONS HAMPTON ROADS,L.L.C. THIS THIRD AMENDMENT AGREEMENT (the "3' Amendment"), dated this day of , 2018 is by and between the City of Virginia Beach, Virginia, a municipal corporation ("City") and Cox Communications Hampton Roads, L.L.C., ("Cox") a Delaware limited liability company authorized to transact business in the Commonwealth of Virginia. The City and Cox may be collectively referred to as the"Parties." WHEREAS, the City granted a ten (10) year cable franchise ("Franchise") to Cox that commenced on May 23,2006 and expired May 23,2016("Expiration Date"); WHEREAS, the City and Cox entered into negotiations to renew the Franchise ("Franchise Renewal"), and as part of the process the City secured the services of a consultant to conduct a public needs assessment and audit; WHEREAS, since the Franchise Renewal was unable to be completed prior to the Expiration Date, the parties entered into two (2) one-year extensions of the Franchise, authorized by City Council on May 17, 2016 by adoption of RES-03789 and May 16, 2017 by adoption of RES-03847, respectively; and WHEREAS, the parties continue to negotiate the terms of the Franchise Renewal, and desire to obtain an additional extension in order to fully assess and finalize the terms of the Franchise Renewal. NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and other valuable consideration,the sufficiency of which is hereby acknowledged,the Parties agree as follows: 1. Section 4.04 of the Franchise is hereby deleted in its entirety and replaced with the following: The term of the Franchise to be granted by the City pursuant to this Ordinance shall expire the earlier of November 23, 2018 or when the existing Franchise is renewed, whichever shall first occur. 2. Except as specifically modified hereby,the Franchise shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have caused this 3r' Amendment to be executed by their respective duly authorized representatives. COX COMMUNICATIONS HAMPTON ROADS,L.L.C. a Delaware limited liability company By: COMMONWEALTH OF VIRGINIA CITY OF ,to-wit: The foregoing instrument was acknowledged before me this day of , 2018, by , on behalf of COX COMMUNICATIONS HAMPTON ROADS, L.L.C., a Delaware limited liability company authorized to transact business in the Commonwealth of Virginia. Notary Public My commission expires: My registration number: CITY OF VIRGINIA BEACH By: City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: Amanda F.Barnes, City Clerk COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this day of , 2018, by , City Manager/Authorized Designee of the City Manager of the City of Virginia Beach,on its behalf. Notary Public My commission expires: My registration number: COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this day of , 2018, by Amanda F.Barnes,City Clerk of the City of Virginia Beach,on its behalf. Notary Public My commission expires: My registration number: APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Information Technology City Attorney's Office fluk3 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: 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 4 e The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE ❑ 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 Page 1 of 4 I V i Its A I �� NAB. Virginia Beach other unincorporated organization, AND THEN, complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) Cox Communications Hampton Roads, LLC See attachment for list of officers (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1. Cox Enterprises 2. CoxCom, LLC; Cox Virginia Telcom, LLC See next page for information pertaining to footnotes and 2 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) N/A (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) N/A The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. ,t . .. �ra� k': Virginia Beach 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 4 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ a Accounting and/or preparer of your tax return ❑ Architect / Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ X❑ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed O purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ X❑ Construction Contractors ❑ ® Engineers / Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Virginia Beach Financing (include current ❑ Q mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ © Legal Services ❑ Real Estate Brokers / Agents for ❑ X current and anticipated future sales of the subject property 4 • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® 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? 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 meetin of any public body or committee in connection with this Application. C ay-RS.. —LT- s�/3/i APPL ANT' SIGNATURE PRINT NAME U DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Current Appointments Cox Communications Hampton Roads, L.L.C. Board Positions Name Position Bowser,Mark F Director Esser,Patrick J. Director Hightower,Jennifer Director Officers Name Position Esser, Patrick J. President Rowley,Stephen M Senior Vice President,Cox Business Myers II,J.D. Senior Vice President&Region Manager Friedman,Maria L Vice President Hightower,Jennifer Vice President Vickers,Mary A Vice President Bowser,Mark F Vice President Falk, Kathryn C Vice President, Government Relations Bye,Jeremy Vice President, Cox Business-Carrier Blythe.David Vice President Customer Care Grover.Michael Vice President,Government Affairs Alleyne,Vonya Vice President.Human Resources Stubbs,Toni Y Vice President,Technology,Engineering&Operations Hinson,Timothy Vice President,Cox Business Sukiennik,Hyman H. Vice President Cox Business,East Area Breaux,Jeff Vice President Cox Business,West Area White, Elizabeth Vice President,Outside Plant Maintenance Fanto, Sharon Vice President Cox Media Merritt,Jeff Market Vice President, Roanoke Pryor,Juliette W. Secretary Bowen,Charles N Assistant Secretary Friedman,Maria L Treasurer f0 ,, •icy i t, is F1 y` .' CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance authorizing the acquisition of real property in fee simple for the Princess Anne Road Phase VII Project (CIP 2-195), and the acquisition of temporary and permanent easements, either by agreement or condemnation MEETING DATE: May 1, 2018 • Background: Funding has been approved for the design and construction of the Princess Anne Road Phase VII Project (CIP 2-195) (the "Project"). The Project is funded with City funds and State Revenue Sharing funding. This Project will replace and re-align the existing Princess Anne Road with a 4-lane divided roadway with shared-use paths and on-road bike lanes within a 143-foot right- of-way that tapers back to a 2-lane undivided roadway on Sandbridge Road. The Project limits are from General Booth Boulevard to Fisher Arch. Improvements at the intersections of General Booth Boulevard, Elson Green Avenue, and Upton Drive/Sandbridge Road are included with this Project, as well as aesthetic upgrades and upgrades to utilities and stormwater facilities. The Project borders the Transition Area and will improve traffic flow to address existing and proposed residential and commercial development. • Considerations: Ordinance 29641, adopted on December 12, 2006, authorized acquisition of right-of-way and easements from two parcels (GPINs: 2414-14-1532 and 2414-13-7942) for the Project, after advance acquisition was requested by the property owners and required the exercise of eminent domain. Those acquisitions have been completed. Portions of other properties have been acquired by voluntary acquisition. Right-of-way and easements are required from 21 additional parcels. One of the parcels is expected to be a total acquisition. Authority is requested to acquire the necessary property and easements (temporary and permanent) by agreement or condemnation. • Public Information: The first Citizen's Information Meeting for Princess Anne Road Phase VII was held on May 5, 2004. A second Citizen's Information Meeting was held June 13, 2007. • Alternatives: Deny the request and risk delaying the Project. • Recommendations: Approve the Ordinance. • Attachments: Ordinance, Location Map Recommende. . ctio►. , • •royal Submitting De•art . : nt/Age,cy: Public Works/Engineering /1-41 City Manager: 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR RIGHT-OF-WAY FOR THE PRINCESS 4 ANNE PHASE VII PROJECT (CIP 2-195), AND 5 THE ACQUISITION OF TEMPORARY AND 6 PERMANENT EASEMENTS, EITHER BY 7 AGREEMENT OR CONDEMNATION 8 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 11 public necessity exists for the construction of this important roadway project to improve 12 transportation within the City and for other related public purposes for the preservation of 13 the safety, health, peace, good order, comfort, convenience, and for the welfare of the 14 people in the City of Virginia Beach. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 Section 1. That the City Council authorizes the acquisition by purchase or 20 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seq., and 21 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in 22 fee simple, including temporary and permanent easements and entire tracts upon which 23 such rights-of-way or easements shall be located, within the limitations and conditions of 24 Section 33.2-1007 of the Code of Virginia of 1950, as amended (the"Property"), as shown 25 on the plans entitled "PRINCESS ANNE ROAD PHASE VII CIP 2-195, CIP 6-106, PWCN 26 4-0075" (the "Project"), and more specifically described on the acquisition plats for the 27 Project (plats and plans collectively referred to as the "Plans"), the Plans being on file in 28 the Engineering Division, Department of Public Works, City of Virginia Beach, Virginia. 29 30 Section 2. That the City Manager is hereby authorized to make or cause to be 31 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 32 reasonable offer to the owners or persons having an interest in said Property. If refused, 33 the City Attorney is hereby authorized to institute proceedings to condemn said Property. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 36 , 2018. CA14222 PREPARED: 3/26/18 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d026\p025\00460977.doc R-1 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY z7 BLI WORKS/REAL ESTATE CITY'ATT: = EY s •,/t.vfw.••,„c_, ,-.or ,,.,•. ,,,,.-.t- Aiy- 5 . , 4p%. •.-- • ..t. , ...ort* .. .4z,„. ,A, . . .. .. .. . , „,, , . . ,c,- . •-• L E. ,_ .w..: :5,, • ..„,,,,, dr' t - r .. ....,, ''' .> 4. If 'A a t” 4- . a ' ' , • ,... ' X . , „,,-./4 `, ** ,, ' .., 4, de ,,,,, ,..., .. _ '.'li R' t , A ' : . r Qi., ,.. 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I- 440 ui 2< R u.i '.. -' - -- *. ,i • -4 0 CI te uj ia.ce _ .'_; 1,340.,iiik. „ ..,' 20 a ' ' I ,.: ,.- ',..4 * 4 -' 4--,A , s' ' *),t4"'"' -.- ' y- , 1 L l's IX" _-.1. • .i.‘ , - CL>ce c -40 .C.. , 0 0 .t - .. . 4•., c., +/? .., .O.,. • -'k. LU u_ :5 1 Ce C/I Z I- << -I u, ._cl- 0., • ' v, 0 C•" ' NOt'4S '''''3 . ,-,..`".,' Z n i P a ,-, •• o. „.,...-- , ' 4......„-t r.), • - '-- . -" _. . ..., 0 0 UJ i _-. '47 • -4 II 0 . ' d?' Ai NIAB,4c. \ A ,jk `S!C Sol J '�Vtiv CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to authorize acquisition of two properties in fee simple for the Fire and EMS Station at Burton Station Project (CIP 3-075) by condemnation due to unknown ownership. MEETING DATE: May 1, 2018 • Background: The Burton Station Fire and EMS Station (the "Fire Station") will be constructed adjacent to the proposed Tolliver Road within the Burton Station Strategic Growth Area. Several parcels have been assembled for the proposed construction of the Fire Station. However, there are two parcels (GPINs: 1458-89-9600 and 1458-89-7203) that the City will need to acquire by condemnation, due to the fact that the owner(s) cannot be located or identified. The same two parcels were previously impacted by the Burton Station Road, Phase I Project, CIP 9-081 .003, and the City acquired by condemnation right-of-way and drainage improvements. City staff now finds it necessary to acquire the remainder of each of these two parcels for the Fire Station. One of the parcels is included within the footprint of the proposed improvements, and the other parcel will be used for construction laydown, some contractor parking, and site access during construction. After construction, it will be used for drainage and a pedestrian path. Burton Station is a historic 100+ year old Virginia Beach community. A major component of the planning process involved working with the residents and stakeholders of the Burton Station community to arrive at a clear understanding of public improvements for this neighborhood. Over the last several years, the City has brought infrastructure to this area, including water and sewer for the residential homes. The next phase will widen Burton Station Road and build Tolliver Road. The construction of the Fire Station is an integral part of the SGA development to provide safety to this area as it develops. • Considerations: The construction of a new Fire and EMS Station to serve businesses and residences in the Burton Station Strategic Growth Area will reduce the response time for first arriving units and create an effective response force in the Burton Station area. Current response time in this area can routinely exceed 10 minutes, which is over the goal for the Commission of Fire Accreditation International and the National Fire Protection Association 1710. The Fire Station would serve the surrounding community as well as support service requests requiring multiple apparatus in Haygood, Chesapeake Beach, and northern Kempsville. • Funding: The acquisitions will be funded by CIP 3-075 Fire/EMS Station Burton Station. • Public Information: Advertisement of the public hearing in The Virginian-Pilot, Beacon and advertisement of the City Council Agenda. • Alternatives: Deny the request, which will delay the Project while it is redesigned. • Recommendations: Approve the Ordinance. • Attachments: Ordinance and Location Map Recommended Action: Approval Submitting Departm Agency: Fire Department and Public Works/Real Estat r 'i City Manager � � U 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE FIRE AND EMS STATION AT 4 BURTON STATION PROJECT (CIP 3-075) BY s CONDEMNATION DUE TO UNKNOWN 6 OWNERSHIP 7 8 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 9 public necessity exists to improve the response time for first arriving emergency units and 10 create an effective response force in the Burton Station Strategic Growth Area. 11 12 WHEREAS, the proposed Fire and EMS Station would serve the surrounding 13 community as well as support service requests requiring multiple apparatus in the 14 Haygood, Chesapeake Beach, northern Kempsville areas, and for other related public 15 purposes for the preservation of the safety, health, peace, good order, comfort, 16 convenience, and the welfare of the people in the City of Virginia Beach. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 Section 1. That the City Council authorizes the acquisition by purchase or 22 condemnation pursuant to Sections 15.2-1901 , et seq. and Title 25.1 and 33.2 of the Code 23 of Virginia of 1950, as amended, of all that certain real property in fee simple for the 24 purpose of construction of the Fire/ EMS Station shown on Exhibit A, attached hereto and 25 made a part hereof(the "Properties"), and on the plans entitled "BURTON STATION FIRE/ 26 EMS STATION," (the "Project") in particular, those certain parcels identified and more 27 specifically described on the acquisition plats for the Project (plats and plans collectively 28 referred to as the "Plans"), the Plans being on file in the Department of Public Works, City 29 of Virginia Beach, Virginia. 30 31 Section 2. That the City Manager is hereby authorized to make or cause to be 32 made on behalf of the City of Virginia Beach, to the extent that funds are available and to 33 the extent the owners can be identified and located, a reasonable offer to the owners or 34 persons having an interest in said Properties. If refused, or if the Properties' owners are 35 unable to convey clear title or if the owners cannot be identified or located, the City 36 Attorney is hereby authorized to initiate, prosecute, and settle or resolve proceedings to 37 condemn to acquire title to the Properties to construct the Project. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 40 , 2018. CA13854 R-1 4/5/18 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d003\p027\00464601.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM �(�- Imo. PUBLIC WORKS/REAL ESTATE CITY A TO" zY V EXHIBIT A Parcels Authorized for Acquisition By Agreement or Condemnation: ADDRESS OWNER GPIN (Now or Formerly) Burton Station Clara P. Smith, et als. 1458-89-7203 Private Right- of-Way Burton Station Clara P. Smith, et als. 1458-89-9600 Private Right- of-Way +' i Q) Z f LLOZ Z O 00 1.0 `- H Q NNo 2 cc cr Z CI Q. O a LI O LL e L co 02.7)6);k., �j a Q) �/L :CD L co \LIII.,y,cti— Tr • Qin y Q c ` M O N.' O, co 03 v Q r ' - -i mJ ll a 41 o ' 'V'V�y 1 a L11 o E Nu O c. a �ee� ; �- " Z co U c my < c i a O Ilk b/� W co c c _ I U a ij CD L 44 ØISLL a CD I 1 Z Z O a 3 �* ' O O Az' 4m .0. 2 O d O a \i WHU c\I wor W Ce a O ,gym f '., ° V 14 0-,,,,0,-- , a ter= .� , „,- I LT- , - M , �* Oy r .p 'yam ` a 0 is\___,L 4t-t-a 1 ...$ . ' . , Q y4- Tt. ac 41441pr,:160101400„: a N O v W M m a O -r .W � rn 2 oo U t Z CO H O N J O e c.0 co a w w O o4i . _ ,- c W 00 d W f eci yy ,� 71 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Direct the City Attorney to File a Petition for a Writ of Special Election MEETING DATE: May 1, 2018 • Background: Mayor William D. Sessoms, Jr., was elected in November 2016 to serve for a term the ends on December 31, 2020. Mr. Sessoms has submitted a letter of resignation effective 11:59 p.m. on April 30, 2018. When a vacancy requires a special election, state law requires the local governing body to petition its circuit court for a writ of special election within 15 days of the occurrence of a vacancy. Unless otherwise requested by the City Council and ordered by the circuit court, the special election would occur on the date of the general election, November 6, 2018. The attached resolution reflects that date. The person elected at the special election will take office upon the certification of the vote and the person so elected qualifying. ■ Considerations: Upon adoption of the resolution requesting a court to order the special election, the City Attorney's Office will file the petition in compliance with the statutory requirements. If the special election is held at the same time as the November general election, the petitions for candidates would be due 81 days before the election, which is August 17, 2018. ■ Alternatives: The City Council could request a date for the special election other than the date of the November general election, which would require the City to be responsible for the costs of the election. That date would have to be a Tuesday. It is not permitted to be the date of a primary election, which is June 12, 2018. No special election may be held within the 55 days prior to a general or primary election. The 55th day before the primary was April 18, so the special election could only be held between June 19th and September 11th. If the City Council requested a date other than the date of the general election, the petitions for candidates would be due 60 days before the election. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution; Resignation Letter Recommended Action: Approval Submitting Departme. • gency: City Attorney City Manager: _ ,\ 1 A RESOLUTION TO DIRECT THE CITY ATTORNEY TO 2 FILE A PETITION FOR A WRIT OF SPECIAL ELECTION 3 4 WHEREAS, William D. Sessoms, Jr., Mayor, was elected for a term that ends 5 December 31, 2020; 6 7 WHEREAS, Mr. Sessoms submitted his resignation from the City Council 8 effective 11:59 p.m. on April 30, 2018; 9 10 WHEREAS, Code of Virginia § 24.2-226 requires that within fifteen (15) calendar 11 days of the event of a vacancy, the governing body shall petition its circuit court for a 12 Writ of Special Election to fill the remaining portion of the term of office for a member of 13 the City Council, including a mayor elected by the voters; and 14 15 WHEREAS, the next general election following the resignation by Mr. Sessoms is 16 November 6, 2018. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 That the City Council directs the City Attorney to file a Petition for a Writ of 22 Special Election in the Circuit Court for the purpose of filling the vacancy in the Office of 23 Mayor for a term ending December 31 , 2020, and requests such special election to be 24 held November 6, 2018. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2018. APPROVED AS TO LEGAL SUFFICIENCY: rte. i- City Attorney's Office CA14370 R-2 April 20, 2018 cANI`•BFAc 4`4 /At, City of Virginia Beach 1.14' TM 0FG` t7f OUR No V Bgov.COm WILLIAM D.SESSOMS,JR. MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 (757)385-4581 FAX(757)385-5699 wsessoms@vbgov.com April 18, 2018 Virginia Beach City Council Members Dear Council Members: For the past 30 years, it has been my privilege to serve the city that I love. I grew up here and raised my family here. And now, my grandchildren also call Virginia Beach home. Over my lifetime, Virginia Beach has seen many changes, and I am proud to see that the City is continuing to make amazing improvements that will keep the city thriving for generations to come. As I was preparing for last month's State of the City speech, Bev and I reflected on all of the progress we have made in this city. We also contemplated our family's future and, obviously, the future of the City. I realized now is the right time to make this decision. So I will be stepping down from the Office of Mayor to pursue private sector employment opportunities. My last day as Mayor will be at 11:59 p.m. on Monday, April 30. I am grateful to the citizens of Virginia Beach for entrusting me to serve as Mayor of the greatest city in the world. One of the reasons it is the greatest city in the world is because we have a City Council who works so diligently to carry out our Vision. To each of you, I offer my heartfelt thanks and admiration. To have had the career I've had, to have been able to serve my hometown as a member of the City Council and then as Mayor for more than half my adult life, I have to tell you, I am one lucky guy. Then, to have new opportunities presented to me, well, I am counting my blessings and leaving with the knowledge that this city is in very good hands. As I embark on the next chapter in my life, I will remain Virginia Beach's number-one fan. There is no one more proud to call this great city "home," and I have great faith that this City will continue on the right path for the people who live in Virginia Beach and because of that, Virginia Beach will continue to be the greatest city in the world. Sincerely, William D. Sessoms, Jr. Mayor WYyrker CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds from the General Fund Reserve for Contingencies-Regular to the Office of Voter Registration & Elections FY 2017-18 Operating Budget for the Democratic and Republican Primary Elections MEETING DATE: May 1 , 2018 • Background: The Office of Voter Registration and Elections requests a transfer in the amount of $293,815 for a Republican and a Democratic Primary Election that has been ordered in the City of Virginia Beach for June 12, 2018. Virginia Code §24.2-518 requires the locality to pay the cost of the election. The FY 2017-18 operating budget for the Office of Voter Registration and Elections does not include funding for primary elections. • Considerations: The total cost for the election is $293,815. The state does not reimburse localities for primary elections. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting D-part -nt/Agency: Voter Registration and Elections City Manage • 1 I� 7`- 1 AN ORDINANCE TO TRANSFER FUNDS FROM THE 2 GENERAL FUND RESERVE FOR CONTINGENCIES- 3 REGULAR TO THE OFFICE OF VOTER REGISTRATION & 4 ELECTIONS FOR THE DEMOCRATIC AND REPUBLICAN 5 PRIMARY ELECTIONS 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $293,815 is hereby transferred from the Reserve for Contingencies-Regular 11 to the Office of Voter Registration & Elections FY 2017-18 Operating Budget. 12 13 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 14 , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Ar)4, (,-j) n 1 David A. B dley Dana -. Har eyer Budget and Management Services City Attorney's Office CA14369 R-1 April 18, 2018 r ,�� w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Appointing Robin Wilcox to the Position of Deputy City Clerk II MEETING DATE: May 1, 2018 • Background: Section 2-77 of the City Code provides that "[t]he council may appoint such deputies to the city clerk as it deems necessary to serve at the pleasure of the city clerk." • Considerations: This resolution appoints Robin Wilcox to the position of Deputy City Clerk II, effective April 12, 2018. • Recommendations: It is recommended that City Council adopt the attached resolution. • Attachments: Resolution Recommended Action: Adopt resolution Submitting Department/Agency: City Clerk Ora* City Manager: bluer, 1 A RESOLUTION APPOINTING ROBIN WILCOX TO 2 THE POSITION OF DEPUTY CITY CLERK II 3 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That pursuant to § 2-77 of the City Code, Robin Wilcox is hereby appointed to 8 the position of Deputy City Clerk II, effective April 12, 2018. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: �/ � Wr"'Clerk City Attorney's's Offic CA14365 R-1 April 18, 2018 C r \`v MZ B . , n _ :Si t.y, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Appointing Paige McGraw to the Position of Deputy City Clerk II MEETING DATE: May 1, 2018 • Background: Section 2-77 of the City Code provides that "[t]he council may appoint such deputies to the city clerk as it deems necessary to serve at the pleasure of the city clerk." • Considerations: This resolution appoints Paige McGraw to the position of Deputy City Clerk II, effective March 29, 2018. • Recommendations: It is recommended that City Council adopt the attached resolution. • Attachments: Resolution Recommended Action: Adopt resolution Submitting Department/Agency: City Clerk b_tt. .z._ City Manager 1 A RESOLUTION APPOINTING PAIGE MCGRAW TO 2 THE POSITION OF DEPUTY CITY CLERK II 3 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That pursuant to § 2-77 of the City Code, Paige McGraw is hereby appointed to 8 the position of Deputy City Clerk II, effective March 29, 2018. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /,i ity Clerk City Attorney's Office CA14364 R-1 April 18, 2018 ci 4, 0, orat-i,.cl„ 4 1,N ,,sz. ..,‘;:s: ,1%:.,:z.......:., CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance (1) Authorizing the City Attorney to Petition the Circuit Court to Appoint a Special Commissioner to Execute the Necessary Deeds to Convey Three Parcels of Land in the Lake Edward Neighborhood to the City; and (2) Authorizing the City Manager to Accept Title to the Three Parcels and to Accept Dedications of Easements for Lake Improvements MEETING DATE: May 1, 2018 • Background: Lake Edward Corporation, a defunct Virginia corporation, is the record owner of three vacant parcels of land and a parcel containing a lake in the Lake Edward neighborhood, as follows: Parcel 1, consisting of approximately 5,664 sq. ft. of land located along the alley adjacent to Hampshire Lane (GPIN: 1468-12-9065); Parcel 2, consisting of approximately 7,604 sq. ft. of land located along the alley adjacent to Hampshire Lane (GPIN: 1468-21-2564); Parcel 3, consisting of approximately 26,027 sq. ft. of land known as 5720 Volsung Court (GPIN: 1468-01-1143); and Parcel 4, the Lake, consisting of approximately 12.94 acres (GPIN: 1468-10- 6881), upon which the City has easements for drainage and ingress and egress. All four of the parcels (collectively, the "Parcels") have been the subject of numerous code enforcement citations and abatement actions over the past twenty years, and residents have raised concerns about the condition of and ongoing violations on the Parcels. The Parcels also are delinquent in payment of real estate taxes as follows. Delinquent Parcel GPIN Land Value Imp Total Taxes Liens 1 1468-12-9065 $ 6,500 $ N/A $ 6,500 $3,640.86 $5,747.99 2 1468-21-2564 $ 6,500 $ N/A $ 6,500 $3,640.86 $14,738.73 3 1468-01-1143 $ 10,000 $ N/A $ 10,000 $5,131.79 $14,281.18 4 1468-10-6881 $ 1,300 $ N/A $ 1,300 $253.22 $6,666.85 $24,300 $12,666.73 $41,434.75 1 Currently, there is no responsible party to clear violations on the Parcels and to maintain the Parcels. The City Treasurer is not pursuing the sale of these properties as it is unlikely the proceeds would cover the cost of the sale. On February 6, 2018, the Department of Housing and Neighborhood Preservation and the Department of Public Works briefed City Council on the potential for the City to acquire the Parcels, to allow better maintenance and to make certain improvements to them. Section § 58.1-3970.1 of the Code of Virginia authorizes the City to petition the Circuit Court to convey property to the City through a Special Commissioner process in lieu of a sale at public auction, when the following requirements as to each parcel are met: 1. The parcel has delinquent real estate taxes or the locality has a lien against the parcel for removal, repair or securing of a building or structure; removal of trash, garbage, refuse, litter; or the cutting of grass, weeds or other foreign growth; 2. The parcel has an assessed value of$50,000 or less; and 3. Such taxes and liens, together, including penalties and accumulated interest, exceed 50 percent of the assessed value of the parcel or such taxes alone exceed 25 percent of the assessed value of the parcel. The City is proposing the following for each of the parcels: 1. Parcels 1 and 2 — Petition the Court to transfer title to the City pursuant to Section 58.1-3970.1, and if acquired, construct a paved area with stormwater management to provide additional public parking within each parcel. 2. Parcel 3— Petition the Court to transfer title to the City, clean it up and maintain it, but make no improvements. 3. Parcel 4 (Lake) — Do not acquire title at this time. Seek dedication of easements by adjacent landowners for construction and maintenance of a potential water quality improvement project, but do not acquire the Lake parcel until all needed easements have been dedicated. Install a guardrail adjacent to the Lake on City- owned property to enhance safety and discourage dumping. • Considerations: Each of the Parcels meets the requirements for acquisition through the Special Commissioner process. Public Works has identified CIP 2-111.034, as a funding source, which will cover the acquisition costs (title and court costs), parking lot improvements to Parcels 1 and 2, and guardrail installation costs. • Public Information: Advertisement of City Council Agenda • Alternatives: Deny authorization to proceed. • Recommendations: Approve the Ordinance. • Attachments: Ordinance, Location Map 2 • Attachments: Ordinance, Location Map Recommended Action: Approval Submitting Department/Agency: Department of Housing and Neighborho•%l�1; Preservation/9- •-rt •-• •f Public Works City Manag:r: till '` 3 1 AN ORDINANCE (1) AUTHORIZING THE CITY ATTORNEY TO 2 PETITION THE CIRCUIT COURT TO APPOINT A SPECIAL 3 COMMISSIONER TO EXECUTE THE NECESSARY DEEDS TO 4 CONVEY THREE PARCELS OF LAND IN THE LAKE EDWARD 5 NEIGHBORHOOD TO THE CITY; AND (2) AUTHORIZING THE 6 CITY MANAGER TO ACCEPT TITLE TO THE THREE PARCELS 7 AND TO ACCEPT DEDICATIONS OF EASEMENTS FOR LAKE 8 IMPROVEMENTS 9 10 WHEREAS, the Lake Edward Corporation, a defunct Virginia corporation, 11 is the record owner of three vacant parcels of land and a parcel containing a lake in the 12 Lake Edward neighborhood, as follows: 13 14 Parcel 1 , consisting of approximately 5,664 sq. ft. of land located 15 along the alley adjacent to Hampshire Lane (GPIN: 1468-12-9065); 16 17 Parcel 2, consisting of approximately 7,604 sq. ft. of land located 18 along the alley adjacent to Hampshire Lane (GPIN: 1468-21-2564); 19 20 Parcel 3, consisting of approximately 26,027 sq. ft. of land known 21 as 5720 Volsung Court (GPIN: 1468-01-1143); and 22 23 Parcel 4, the Lake, consisting of approximately 12.94 acres, upon 24 which the City has easements for drainage and ingress and egress 25 (GPIN 1468-10-6881). 26 27 (Parcels 1-4, collectively, the "Parcels"); 28 29 WHEREAS, the Parcels have been the subject of numerous code 30 enforcement citations and abatement actions over the past twenty years, and residents 31 have raised concerns about the condition of and ongoing violations on these parcels. 32 The Parcels are currently delinquent in payment of real estate taxes and have violation 33 liens in the combined total amount of $54,101.48; 34 35 WHEREAS, there is currently no responsible party to clear violations or 36 maintain these parcels. The City Treasurer is not pursuing the sale of the Parcels as it is 37 unlikely the proceeds would cover the cost of the sale; 38 39 WHEREAS, Section § 58.1-3970.1 of the Code of Virginia authorizes the 40 City to petition the Circuit Court to convey property to the City through a Special 41 Commissioner process in lieu of the sale at public auction when the following 42 requirements are met: 43 44 1. Each parcel has delinquent real estate taxes or the locality has a 45 lien against the parcel for removal, repair or securing of a building 46 or structure; removal of trash, garbage, refuse, litter; or the cutting 47 of grass, weeds or other foreign growth; 48 2. Each parcel has an assessed value of $50,000 or less; 49 3. Such taxes and liens, together, including penalty and accumulated 50 interest, exceed 50 percent of the assessed value of the parcel or 51 such taxes alone exceed 25 percent of the assessed value of the 52 parcel; 53 54 WHEREAS, each of the Parcels meets the requirements for acquisition 55 through the Special Commissioner process; 56 57 WHEREAS, the City Council of the City of Virginia Beach finds that 58 authorizing the acquisition of the Parcels will allow the City to respond to the 59 neighborhood concerns and maintain the properties for the safety and benefit of the 60 residents of the City; and 61 62 WHEREAS, the City Council desires that the City acquire only Parcels 1 , 2 63 and 3 at this time, but may authorize acquisition of Parcel 4 at a future date if the City is 64 able to acquire easements from adjacent property owners that would be required to 65 properly maintain and improve Parcel 4. 66 67 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 68 OF VIRGINIA BEACH, VIRGINIA: 69 70 1. That the City Attorney is hereby authorized to petition the Court to transfer 71 title of Parcels 1, 2, and 3 to the City; 72 73 2. That the City Manager is hereby authorized to execute any documents 74 necessary to accept Parcels 1 , 2 and 3 if authorized by a Special Commissioner and to 75 accept dedications of easements necessary to maintain and improve Parcel 4, and such 76 other terms, conditions or modifications as are deemed necessary and sufficient by the 77 City Manager and in a form deemed satisfactory by the City Attorney; 78 79 This ordinance shall be effective from the date of its adoption. 80 81 Adopted by the Council of the City of Virginia Beach, Virginia, on the 82 day of , 2018. R-1 4/20/2018 CA14217 \\vbgov.com\dfs l\applications\citylaw\cycom 32\wpdocs\d002\p027\00455964.doc APPROVED AS TO CONTENT APPROVE D AS TO CONTENT Pif-jisit---- i1►�I ILLIPublic Work /Real Estate Housin4�-, li -'ghborhood Prese -tion APPROVED AS TO LEGAL SUFFICIENCY City Attorney' O • N c a) Ir- f w o a) lO 1- , o ;74 CO ' Cr a N`CQo OpS NPZUp � � NTkn � `°O o c -0 or � � o f- . < 0 r3 (0NpoO r> P'I U t° � � c00oOD �th o o O d.2 y y c —i o o- d0 _ 0 6 �JO Q2i`dMa3 3N`dl _ _ Y(S) Y oyy IU > P 0 , , „ .._:._�\� - V /` � 0 1 Ude 0 \I- is N.-- >Q' _ - > 7y y - is 1332:1o - O > ,�. Ji , > >� -- i Q. r r Q v t cf1 ' v i ‘.1.‘ gyp Q z.:+4,4' r :1---, o cL \\ rr f i ZL: C V J J ( !E,,4„ ~ I CITY OF VIRGINIA BEACH \. AGENDA ITEM J ITEM: Resolution Approving an Extension of the Town Center Option Agreement and Recommending that the City of Virginia Beach Development Authority Approve the Extension. MEETING DATE: May 1 , 2018 • Background: The Town Center Project (the "Project") has been a long-term priority for the City of Virginia Beach (the "City"). The City Council first recognized the importance of the Project in the Central Business District of the City when it adopted the Comprehensive Plan on November 4, 1997. Since February 8, 2000, City Council has approved six phases of development at Town Center. Phases I, II, Ill and V have been completed on nine blocks, and consist of approximately (i) 815,000 square feet of office space, (ii) nineteen restaurants totaling 117,000 square feet, (iii) 190,000 square feet of retail space, (iv) 804 residential units, and (v) 412 hotel rooms. Phase VI is currently under construction on one block and will consist of (i) 38,000 square feet of retail and restaurant, (ii) 120 apartments, (iii) a 9,000 square foot public plaza, (iv) a second level pedestrian bridge across Central Park Avenue linking to public parking on Block 10, and (v) the Zeiders American Dream Theater. • Option Land: The majority of land necessary for the Project has been owned by the City of Virginia Beach Development Authority (the "Authority") and sold to Town Center Associates, L.L.C. (the "Developer") as each Phase of the Project has begun. The terms and conditions by which the Authority will sell land to the Developer for the Project are set forth in the Town Center of Virginia Beach Option Agreement between the Authority and the Developer originally dated as of June 5, 2000 (the "Option Agreement"). As the Project has progressed through the first six phases, the Option Agreement has been modified to reflect both the land subject to the Option Agreement and the date by which the Developer must purchase that land. The Ninth Modification to the Option Agreement was approved on March 17, 2015. With the purchase by Developer of Block 9 (the parcel between the Westin and the Cosmopolitan Apartments) as a part of Phase VI, only Block 2 (the former Beacon Building and current surface lot) remains subject to the Option Agreement. • Option Terms: Under the current terms of the Option Agreement, the Developer has until April 30, 2018 to exercise its option on Block 2. The Developer may only acquire Block 2 if it has (i) paid $4,792,735 (the price the Authority paid to acquire Block 2 in 2009), (ii) paid a special fee equal to the imputed real estate taxes on Block 2, plus any costs incurred by the Authority related to Block 2, and (iii) presented a plan for development for Block 2 acceptable to the City Council and the Authority. • Relevant Deadlines and Developer Request: The Option Agreement expires on April 30, 2018. The Developer is working on a proposal for an additional phase of Town Center on Block 2, but has yet to finalize its plans. The Developer has requested that the Option Agreement be amended to extend the term of the Option Agreement with respect to Block 2 until April 30, 2021. • Considerations: Extension of the Option Agreement on the terms proposed would allow for the continued development of the Project in a manner acceptable to the City and the Developer. The Authority approved extension of the Option Agreement at its April 17, 2018 meeting, subject to Council approval. • Recommendation: City staff recommends approval of the requested modification. • Public Information: Advertisement of City Council Agenda. • Alternatives: Allow the Option Agreement to expire. • Recommendation: Approve the requested modifications. • Attachments: Resolution Summary of Terms Disclosure Statement Recommended Action: Approval. Submitting De, e t/A• -ncy: Economic Development City Manager: levy ___ _ 1 RESOLUTION APPROVING AN EXTENSION OF 2 THE TOWN CENTER OPTION AGREEMENT 3 AND RECOMMENDING THAT THE CITY OF 4 VIRGINIA BEACH DEVELOPMENT AUTHORITY 5 APPROVE THE EXTENSION 6 7 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 8 Virginia Beach Development Authority (the "Authority"), the City Manager and City 9 staff have engaged in extensive negotiations with representatives of Armada/Hoffler 10 Development Company, L.L.C. and its affiliates, regarding the continued 11 development of the Central Business District Project known as The Town Center of 12 Virginia Beach (the "Project"); 13 14 WHEREAS, the Project is a development arrangement between the Authority 15 and Town Center Associates, L.L.C. (the "Developer"), for a mixed-use commercial 16 development, utilizing the structure of an economic development park in the B-3A 17 Pembroke Central Business Core District. The area is zoned to optimize 18 development potential for a mixed-use, pedestrian-oriented, urban activity center 19 with mid-to-high-rise structures that contain numerous types of uses, including 20 business, retail, residential, cultural, educational and other public and private uses; 21 22 WHEREAS, the Authority and the Developer have entered into an option 23 agreement dated as of June 5, 2000 (the "Option Agreement") setting forth the terms 24 and conditions by which the Developer can acquire Authority-owned land for the 25 Project (the "Option Land"); 26 27 WHEREAS, as set forth in the latest modification to the Option Agreement 28 dated March 31 , 2015, the Developer's right to acquire the Option Land expires on 29 April 30, 2018, and prior to such acquisition, the Developer must present an 30 acceptable plan for development of the Option Land to the City Council and the 31 Authority; 32 33 WHEREAS, the Developer has requested an extension of time to acquire the 34 remaining Option Land to April 30, 2021; 35 36 WHEREAS, the Authority approved the extension of the Option Agreement at 37 its April 17, 2018 meeting, subject to approval by City Council; and 38 39 WHEREAS, City Council is of the opinion that the requested extension will 40 allow for the continued development of the Project to the benefit of the City. 41 42 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 43 OF VIRGINIA BEACH, VIRGINIA; 44 45 That City Council approves the execution of a modification of the Town 46 Center of Virginia Beach Option Agreement between the City of Virginia Beach 47 Development Authority (the "Authority") and Town Center Associates, L.L.C., so long 48 as such modification is consistent with the Summary of Terms attached hereto as 49 Exhibit A, and made a part hereof, and such other terms, conditions or modifications 50 as may be acceptable to the City Manager and in a form deemed satisfactory by the 51 City Attorney. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the 54 day of , 2018. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM • City Attorney Economic Development CA14216 V:applicationcitylawprod\cycom32\WpdocsD006\P004\00000226.DOC R-1 April 23, 2018 EXHIBIT A SUMMARY OF TERMS TOWN CENTER OPTION AGREEMENT CURRENT TERMS: Owner: City of Virginia Beach Development Authority (the "Authority"). Option Holder: Town Center Associates, L.L.C. ("TCA"). Option Land: Block 2 (former Beacon Site) Option Fee: 1) Semi-annual fee equal to real estate taxes that would be payable if the Option Land was subject to taxation, and 2) Special fee equal to all of the Authority's costs associated with the acquisition and operation of Block 2. Purchase Price: Block 2: $4,792,735 Term of Option: Option must be exercised by April 30, 2018 Conditions of Exercise: TCA can only exercise option if: TCA has presented a plan for development of the Option Land to be acquired, which plan is acceptable to the Virginia Beach City Council ("City Council") and the Authority; PROPOSED MODIFICATION: Block 2: Term of Option extended by three years to April 30, 2021. r. IVBI:n- . ui Beach DISCLOSURE STATEMENT FORM 4. The completion and submission of this form is required for ail 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 b'y City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special investment Program granges Exception for (EDI P) Board of Zoning Encroachment Appeals Rezoning Certificate of Floodplain Variance (Histopriateneoric Review Board) Franchise Agreement Street Closure Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 i. The disclosures contained in this form are necessary to infer public officials who may vote on the application to whether they have a conflict of ingest under Virginia law. 4MOMINIIIIM11419.01118111.12111311111101110011MNIMMININIIMOIMINVIMI011.11011100.1•11M I. SECTION 1 / APPLICANT DISCLOSURE 0 Check here if the APPUC.AWI- 15 NOT a corporation, partnership, firm, business, or other unincorporated organization. 16 Check here if the APPLICANT is a corporation, partnership, firm, business, or FOR CITY USE ONLY/Ali disclosures must be updated two(2)weeks prior to any Page 1 of 4 Planning Commission and City Cound meetino that pertains to the ipolicationts). O APPLICANT NOTIFIED OF HEARING DATE O NO CHANGES AS OF DATE _.CL REVISIONS SUBMITTED DATE: uq r, v t other unincorporated organization,AND THEN,complete the following, (A) Ust the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) Town Center Associates 9, LLC Members:Armada Horner, LP &TC Biock9 Partners, LLC AAa�n,,ansra• Ormarla Nnffir r AAananPr 1 1 t (B) Ust the businesses that have a parent-subsidiary i or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See attached See next page for information pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 pnlv if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS MDT a corporation, partnership,firm, business,or other unincorporated organization. ❑ Check here if the PROPERTY OWitigR IS a corporation, partnership,firm, business,or other unincorporated organization, AND THEN.complete the following. (A) Ust the Property Owner's name followed by the names of all officers, directors, members, trustees, partners,etc. below: (Attach list if necessary) (B) Ust the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law, Nig "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 5 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 Stile and Local Government Conflict of Interests Act, Va.Code i 2,2.3101. 4 -x SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of tbe Aooiication or -__Il • . , . , r_ • • • • • • .. _. • 11 •I ' ; • ,s if the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER Oise additional sheets if needed) Q Es .Accounting and/or preparer of your tax return 0 0 Architect/Landscape Architect/ Cleric Nexeen Land Planner VHS Contract Purchaser(if other than ❑ g the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed 0 Eif purchaser of the subject property (identify purchasers)and purchaser's service providers) 0 0 Construction Contractors Armada Haler igi 0 Engineers/Surveyors VHS The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Virginia limb Financing (Include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 1 0 Vial Services Fagged& Medan,P.C. ❑ ❑ Real Estate Brokers/Agents 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? CERTIFICATION: certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. See attached APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE The disclosures contained In this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law, TOWN CENTER ASSOCIATES 9,GLC,a Virginia limited liability company BY: ARMADA ROFFLBR MANAGER,LW, a Virghda limited liability company Its Manager By: - -- Louis S,Haddad,Manager Limited Liability Name: Town Center Associates 9,LLC Managers: Armada Hofer Manager,LLC Members: Armada Hoffer, LP IC Block9 Partners,LLC Limited Liability Name: Armada Heffner Manager,LLC Managers: Louis S.Haddad Michael P.O'Hara Eric L. Smith Members: Armada Hoffler, L.P.(Sole Member) Operating Partnership for the REPT(Armada Buffer Properties,Inc.) Partnership Name: Armada Hatter,L.P. General Partner: Armada Horner Properties,Inc. Corporation Name: Armada Horner Properties,Inc. (the"REIT")* Executive Officers: Daniel A.Hoffler—Executive Chairman of the Board A.Russell Kirk—Vice Chairman of the Board Authorized Officers: Louis S.Haddad—President&CEO Michael P.O'Hara—CFO and Treasurer Eric L. Smith—Vice President of Operations and Secretary Anthony P.Nero—President of Development Eric E.Apperson—President of Construction Shelly R. Hampton—President of Asset Management *The REIT is a publicly traded company. Other Parent/Subsidiary or Affiliated Business mss: Armada Hoffler Construction tion Company Town Center Option Extension/CA14126 REVISED ATTACHMENT TO DISCLOSURE STATEMENT FORM The option is held by Town Center Associates, LLC. The Members of Town Center Associates are Armada Hoffler, L.P. and Armada Hofflcr Properties, Inc. Armada/Hoffler Properties, LLC. The Managers of Town Center Associates are Eric L. Smith, Louis S. Haddad and Michael P. O'Hara Members/Ownership of Armada/Hoffler Properties, LLC. are: Member company Ow hip W Daniel A.Hoffler 50.0% Louis S.Haddad 20.0% Anthony P.Nero 10.0% A.Russell Kirk 8.0% Eric E.Apperson 5.0% John C.Davis 2.0% Michael P.O'Hara 2.0% Alan R Hunt 2,0% Shelly R.Hampton 1.0% TOTAL 100.0% The only changes to AHLP and AHP, Inc. arc that (a) Eric L. Smith is now COO and Secretary, (b)Anthony Nero is gone and replaced with Bernard L. Schumate,Jr. who is EVP and Head of Development. Also,the name of the construction company is now AHP Construction, LLC. As it relates to the services on Section 3, I don't think there is anybody providing services just for the extension. So, in short,the publicly traded entity and the operating partnership own the entity and the information you have is still generally correct. u 'z c• i :• i'. • CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City Property Known as Lake Wesley, Located at the Rear of 504 Kerry Lane MEETING DATE: May 1, 2018 • Background: Bruce C. Gottwald and Floyd D. Gottwald, Jr., (the "Applicants") have requested permission to maintain an existing wood ramp, wood pier, floating wood pier, wood bulkhead, piles and riprap, and to construct and maintain wood piles into a portion of City property known as Lake Wesley, located at the rear 504 Kerry Lane. • Considerations: City staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments into Lake Wesley, which is where the Applicants have requested to encroach. • Public Information: Advertisement of City Council Agenda • Alternatives: Deny the encroachments, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Pictures, Location Map, Disclosure Statement, Agreement , Ordinance and Plat Recommended Action: Approval of the Ordinance. Submitting De• •rtmentJAgency: Public Works/Real Estate c001'9 City Manager: 1 946, • 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS LAKE 7 WESLEY, LOCATED AT THE REAR 8 OF 504 KERRY LANE 9 10 WHEREAS, Bruce C. Gottwald and Floyd D. Gottwald, Jr. (the "Applicants") 11 desire to maintain to maintain an existing wood ramp, wood pier, floating wood pier, wood 12 bulkhead, piles and riprap, and to construct and maintain wood piles into a portion of City 13 property known as Lake Wesley, located at the rear of 504 Kerry Lane, in the City of 14 Virginia Beach, Virginia; and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs, 25 assigns and successors in title are authorized to maintain an existing wood ramp, wood 26 pier, floating wood pier, wood bulkhead, piles and riprap, and to construct and maintain 27 wood piles into a portion of City property known as Lake Wesley located at the rear of 504 28 Kerry Lane as shown on the map entitled: "EXHIBIT A ENCROACHMENT PLAT 29 SHOWING RIP-RAP, WOOD RAMP, WOOD PIER, FLOATING WOOD PIER & PILES 30 FOR: FLOYD D. GOTTWALD, JR. VIRGINIA BEACH, VIRGINIA", SCALE: 1" =40', dated 31 MAY 30, 2017, and prepared by Gallup Surveyors & Engineers, Ltd., a copy of which is 32 attached hereto as Exhibit A, and on file in the Department of Public Works, and to which 33 reference is made for a more particular description; 34 35 BE IT FURTHER ORDAINED, that the temporary encroachments are 36 expressly subject to those terms, conditions and criteria contained in the agreement 37 between the City of Virginia Beach and the Applicants (the "Agreement"), an unexecuted 38 copy of which has been presented to the Council in its agenda, and will be recorded among 39 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized 42 designee is hereby authorized to execute the Agreement; and 1 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 44 such time as the Applicants and the City Manager or his authorized designee execute the 45 Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 48 day of , 2018. CA14004 R-1 PREPARED: 4/16/18 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d005\p027\00465254.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL IE " Y AND FORM: 0, , /pit . PUBLIC ORKS, REAL ESTATE L DA A,' A.-MEYER SENIOR CITY ATTORNEY 2 PROPOSED WOOD PILES _1 PROPOSED 4. LTH 0- G v)... WOOD PILES p� LAKE WESLEY DR UTLER ; NOW OR FORMERLY '0' -P PILES No. CITY OF VIRGINIA BEACH D (3 • (TYPICAL) . II 38395 i ct D.B. 2020 P. 282 �. 'al �. 5 ��'�\<& GPIN: 2427-20-6108 \ ' FS G� • •d'- S/ONAL E� w c,+ re, O? EX.RIPi: /\ EX. ,..Y. rp.: ..�.iy. WOOD PILES EX. c�' '\ ;'i!� "i.., rO• (TYPICAL) FLOATING Ir ..,171:A ,. ,4'2%,',_ s•� !,:'!':!.44.01.14,4411:•0.. LOW WATER LINE WOOD PIER WOOD : /��-" - ' ``PIER ,,�:� �'� � 1.52' \ '_ _ .•� ., •;; M.B. 37 P. 11 WOOD •�� EX. ( S(s pry.�� 4. • RAMP '•: -4/ c0 WOOD 0.s /� \S'`Y•i• 1 y.-•/L. DECK (J' Q�' i 1111111h LI co z ,. �cod �5 dll II1JLOT8ç I '` `,•+�..•i<, LU J o `• 'g• 0\\.CP9 :'•i. :: ''' ' ' 1-1/2 STORY n;..;\ = w s— e �. • FRAME RESIDENCE �Z J �' �� ` EXISTING 504 ill IIIIE 'V 11 cr; D +,:e.', 1-1/2 STORY' O O co cD + 's••• FRAME GARAGE C,0 v' _ �- EX. WOOD `; '. , ��� 11 DECK OF a '•; :. •7 .. OTHERS i • .'`'• v,,":1 6' .''CONCRETE,..‘o ..' LOT 9 ' ii NOW OR FORMERLY c �,_2 `''DRIVEWAY;.•\C .1� • JAMES T. EILERTSEN l q 1 `: .,. ii JANE K. EILERTSEN mss"°o• :.... ,..i:=;,-3a..9.2::.'x'' cn Jk.,.i, D.B. 3015 P. 1921 ��"` o z ;40.; •. ` NOW OR FORMERLY 'o %:; LOT 7 'DIN(r) /i'�. FLOYD D. GOTTWALD, JR. _o ,at% M.B. 160 P. 18 c° MON(F) 3 00, \r cf BRUCE C. GOTTWALD m :'• v; GPIN: 2426-29-3873 ,`\'/ I� D.B. 2232 P. 546 Oil fT1 ;ION, 5' U TLI TY & �' / ' I LOT 8 & 9 gr;; DRAINAGE / Q. " `P M.B. 160 P. 18 �:t' v GPIN: 2426-29-4857 EASEMENT ,.;,,, ;� M.B. 160 P. 18 / ,` �" GPIN: 2426-29-5830 filktil / C-O /, S 40. IIEXHIBIT A ' ' \.'r 4 8 F /°20' o ENCROACHMENT DRILL / L=40.22' NOW OR FORMERLY 1j PLAT SHOWING / R=40.00' GORDON R. D'ANGELO 800,, RIP-RAP, WOOD RAMP, WOOD PIER, D.B. 3098 P. 3461(T0T 4 FLOATING WOOD PIER & PILES LOT 10 M.B. 160 P. 18 44) '414' 2 80•/ FOR: FLOYD D. GOTTWALD, JR. GPIN: 2426-29-4761 VIRGINIA BEACH, VIRGINIA NOTES: SCALE: 1" = 40' MAY 30, 2017 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. GALLUP 2. A 5' EASEMENT EXISTS ALONG & ADJACENT SURVEYORS & ENGINEERS, LTD. TO ALL SIDE AND REAR LOT LINES FOR THE 323 FIRST COLONIAL ROAD INSTALLATION & MAINTENANCE OF UTILITES & VIRGINIA BEACH, VIRGINIA 23454 (757)428-8132 DRAINAGE FACILITIES (M.B. 160 P. 18). \\Server\drawings\16\16-36 env.dwg,4/19/2018 12:26:30 PM,1:40,JB 504 Kerry Road NOR OLX AL, �',p -4"1. ,�/ / — _ 1'r' _ w -,,- s Z (mi ,_--- 1 `[ -' 8 Ti.-- V / srre,a '� v C y' 4. •�C :- r. EAVE :::: // e_„\4,,,,,,,, , r e 1, „ (74,..:, .,„:.,_,,, ® yII . I 1 SSo �i',,," � l toII 51. Q rrA- Oak ,t. LN tt11; y ,'e:T VIMI:11 I lit-T` i, J la vr„, - ~y LOCATION MAP ENCROACHMENT REQUEST —�,� ;3 FOR BRUCE C. GOTTWALD& FLOYD D. GOTTWALD JR. Legend ♦ 504 KERRY LANE City Property CROAT -_ -_I� -_ GPIN 2426-29-4857 Feet 2426-29-4857 0 100 200 400 Prepared by PW/Eng./Eng.Support Services Bureau 0689/2017 X\CADD1Projects\RC Flies\AGENDA MAPS1Kerry Lane\2426-29-4857 I ,.-1.V.:ei" t EA L Rear 504 Kerry Road GPIN: 2426-29-4857 ,/ Virginia 1#eace APPLICANT'S NAME joc d.D. Go-t4U*Ad vir • 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 Coultcil or a board, commission, or other body appointed by the City Council. Stich applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(21 weeks prior,n any Page 1 off P:anrina Commission and City Council meetlno that pertains to the aoolica:ion(s). III) 0 APPLICANT NOTIFIED OF HEARING DATE: 1 Q NO CHANGES AS OF DATE Lo02al i8 bi c r1 r S REVISIONS SUBMITTED DATE: E 4A t • Virginia Bea Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business,:or other unincorporated organization. (A) List the Applicant's name:___ _ -- If an LLC,list all member's names: If a CORPORATION,list the the names of all officers,directors,members, trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes i and 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. Check here if the PROPERTY OWNER rS 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 i I 1 1113 0.4 Virginia'-ch 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 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 o• 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-subsidiar' relationship,that exists when(i)one business entity has a controlling ownership interest in the othe business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,o (Illi 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 o+ commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a;dose working relationship between the entities?See State and Local Government Conflict of Interest4 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 aoolication 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 I I Page 3 of 7 i 1 APPLICANT Virginia stark YES NO SERVICE PROVIDER(usse dditionai sheets if — ® Accounting and/or preparer of your tax return C K1 Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than n VI the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed U j 7 purchaser of the subject property L� (identify purchaser(s)and � purchaser's service providers) I nConstruction Contractors 4'0 85 pe+errtAtMer0 11 v� 4� C Engineers/Surveyors/Agents 4 1, lu At S •j 11 neeral1.'CX. Financing(include current ��� % mortgage holders and lenders L�1! selected or being considered to provide financing for acquisition or construction of the property) IXLegal 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 7 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 . 1,• 83 wog Virginia c CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. t I Y10 .Gtri4wcoLk 415.11 xAPPLICA 'S SIGNATURE PRINT AME OATS: I II 1 111 Page 5 of 7 OWNER Virginia Beanil YES NO SERVICE PROVIDER(use additional sheets needed) 1X1 r Accounting and/or preparer of your tax return n VI Architect/Landscape Architect/ -t- Land Planner Contract Purchaser(if other than the Aoolicant)-identify purchaser and purchaser's service providers ft Any other pending or proposed C purchaser of the subject property (identify purchaser(s)and purchaser's service providers) I I _ Construction Contractors bc.de}ezrnirrc.d. CEngineers/Surveyors/Agentskte_30 `p rs-+14i 'rAt �-' Financing(include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 7( Legal Services Real Estate Brokers/ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n j an interest in the subject land or any proposed development �J 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 uginia Beath 'CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with thi$ Application. PR 4;.J- ,1 bol, .G ld,.k 15•t1 PROPER OWNER'S SIGNATURE PRINT rIAME DATE I Iii I Page 7 of 7 I I'i • „411 �+ Virginia Bea' APPLICANT'S NAME TBIX-BNC.C. C' Go4-k atd. 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. Stich applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program Nonconforming Us Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE I FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior:o any Page 1 of 7 I Pianninq Commission and City Council meeting that pertains to the applicsticn(s). APPLICANT NOTIFIED OF HEARINC DATE: NO CHANCES AS OF DATE © REVISIONS SURMITTEO DATE i I II�I a Virginia Beaeb Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. EllCheck 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: the If a CORPORATION,listnames of all officers,directors,members, the trustees, etc.below: (Attach list if necessary) i (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 s 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. 0 Check here if the PROPERTY OWNER/S a corporation,partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name:_-_______ _ If an LLC,list the member's names: Page 2 of 7 01W Virginia Beach, If a Corporation,list the names ofall officers,directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner. (Attach list if necessary) I `Parent-subsidiary relationship' means "a relationship that exists when one corporation directly o� 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-subsidi relationship,that exists when(I)one business entity has a controlling ownership interest in the oth business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity, (iii) there is shared management or control between the business entities. Factors that should 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 I NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of your tax return Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors '� o!DGde_4erminc4 '' j Engineers/Surveyors/Agents I1tt� AilliVa4dls 4 Ehaine�rsit3 • Financing(include current 1 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 'f ' Legal Services Real Estate Brokers/ n Agents/Realtors for current and t ' i J 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 7 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 4of7 a,- Virginia Beads CERTIFICATION: !I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. i+ I understand that, upon receipt of notification that the application has been scheduled for public hearing, 9 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 Ap li tion. 444,—Z C Go ld. cells 117 AP CANT'S SIGNATURE PRINT NAME DATE Page 5of7 I OWNER Virginia Beach � YES NO SERVICE PROVIDER(use additional sheets If needed) I I X Accounting and/or preparer of your tax return 1 ! t4 Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than n EX fhe Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed (b( purchaser of the subject property Lp (identify purchaser(s)and purchaser's service providers) n1 I Construction Contractors C ♦021g1== _ L , ( 1 f!1 Engineers/Surveyors/Agents re , fit kin 'st'4. Financing(include current / mortgage holders and lenders selected or being considered to provide financing for acquisition rrr(���� or construction of the property) ULegal Services Real Estate Brokers/ D 1�7( Agents/Realtors for current and L�} anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have t — �{ an interest in the subject land or any proposed development � contingent on the subject public action? 1 If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 i I i I Mit 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 9 AP. cation. Qruce.0 6-01-huxa_,(Dl t51 17 P,OPERTY OWNER'S SICNA RE PRINT NAME DATE i III Page 7of7 1 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of , 2018, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and BRUCE C. GOTTWALD and FLOYD D. GOTTWALD, JR., THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lots 8 & 9" as shown on that certain plat entitled: "RESUBDIVISION OF LOTS 2-14 RESUBDIVISION OF PART OF CROATAN BEACH (MB 37 P 11) SCHOONER QUAY AT CROATAN LYNNHAVEN BOROUGH — VIRGINIA BEACH VIRGINIA", Scale: 1" = 40', dated December 11, 1981, and prepared by Basgier and Associates, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 160, at page 18, and being further designated, known, and described as 504 Kerry Lane, Virginia Beach, Virginia 23451; and WHEREAS, it is proposed by the Grantee to maintain an existing wood ramp, wood pier, floating wood pier, wood bulkhead, piles and riprap and GPIN: 2427-30-6108-0000; (CITY PROPERTY KNOWN AS LAKE WESLEY) GPIN: 2427-29-4857-0000 & 2426-29-5830; (504 Kerry Lane) to construct and maintain wood piles, collectively the "Temporary Encroachments", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of City property known as Lake Wesley, located at the rear of 504 Kerry Lane, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT PLAT SHOWING RIP-RAP, WOOD RAMP, WOOD PIER, FLOATING WOOD PIER & PILES FOR: FLOYD D. GOTTWALD, JR. VIRGINIA BEACH, VIRGINIA", SCALE: 1" = 40', dated MAY 30, 2017, and prepared by Gallup Surveyors & Engineers, Ltd. a copy of which is attached hereto as Exhibit "A", and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location, or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined 3 with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by 4 this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Bruce C. Gottwald and Floyd D. Gottwald, Jr., the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2018, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2018, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2018, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2018, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 By_fid-rtiZt Bruce C. Gottwa d, Owner STATE OF /.// ' i CITY/COUNTY O: : - ' , to-wit: The foregoing instrument was acknowledged before me this /,S `' day of 6//L1 -e._ v , 2018, by Bruce C. Gottwald. Aidr, , _ ._ 4 I ''SEAL) Not-, Public ••e•o,•aee,e,,/ •.• W. G '•NOTARY.'•.-0 PUBLIC Notary Registration Number: 70 4E, ' ,/ 40163 REG n 70SSIO =_ MY COMMISSION oO •• EXPIRES •• • 6130/2018•••'6.. My Commission Expires: lv 3 0, 20 ;♦moo••. /]�� J ♦'♦e Y ALTH u'•... By ♦ ,, ,,e94a ,/1 s Floy•iI. Gottwald, Jr. , Owner STATE OF ✓l'Y.9'k(6)— 'IT)/ COUNTY OF Ric 4,,TOAd , to-wit: The foregoing instrument was acknowledged before me this A J day of /14a vc-i-N , 2018, by.5t rx — of Floyd D. Gottwald, Jr. ":� SEAL) Not(ap 6615lic �l '7 MAGGIE A CAUTHORN H � • Notary Registration Number: P /1- t Notary Public Commonwealth of Virginia My Commission Expires: 3/ 2020 Registration No 14 ' My Commission Expires Mayay 3 31,2020 erwoieriewlermiereePo 7 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM _ . S NA R DAN •' R. ARMEYER SENIOR CITY ATTORNEY FLI t hi- h/F% 4 DEPARTMENT 8 PROPOSED 41,p,LTH p�,, WOOD PILES PROPOSED y �- WOOD PILES 0' . x LAKE WESLEY ,, `D O D R UTLER "" NOW OR FORMERLY �' P 233) Ex. : No. 9 CITY OF VIRGINIA BEACH �, 6'- J . (TYPICAL) % 3839.550;0 D.B. g- 2020 P. 282 �- � ir_ GPIN: 2427-20-6108 • 5 I• \� cr SSS/ONAL EAG • w LA Tr 61- EX.RIP RAP WOOD PILES EX _yrs{, (TYPICAL) FLOATING ' . .4.26,---....101.1441414,•54).;'.:T••;• ;,,.. LOW WATER LINE • WOOD PIER WOOD •4;l1/' '. r-:.'..:1- 1.--- 52 ti•t4ktt l••y,. • z -• OM.B. 37 P. 11 • PIER/ ,�;h,:•..; 51. � �:�.?: �:_ EX 114.:. .. ••,,,, p Ex. 6p A v •N., ti P *yvDECK (7% .C1 ''�' \';74,) -i ter, .3 >� �� IIIII 6 w Z �- "O- �- ::• �`L ` 111 h o •,. ,,',� �I�) LOT 8 1 t� o > •���" •a pC5(6 r. •t .. EXISTING I ,' :;; ;R:' Q o o ' ,' ���c • 1-1/2 STORY w co • 0v FRAME RESIDENCE �1 2 J ±1 •1•:' • EXISTING # 504 I I► O '•;0 D Cb v '`• 1-1/2 STORY' :`. ' I' c9''.: co cD ti': !'r•, FRAME GARAGE N s-, cP% l o :t-D EX. WOOD i '::j :c j C ' • V'1 DECK OF 'j• �� •:..1!";, ,P� I. 4-41,.: OTHERS .,� I.'.•, ; :•,ill �b 6 'CON ETE 'o� . LOT 9 a NOW OR FORMERLY 4 o�J i •` °� ''DRIVEWAY;`,\ `;:'• JAMES T. EILERTSEN �p : <''. .. JANE K. EILERTSEN sr�o '�'. `:•L?•,'x$:9,2 : • o z = ,. • D.B. 3015 P. 1921 ��' � `�`, • NOW OR FORMERLY Ln o %: LOT 7 •PIN(F) �'JO FLOYD D. GOTTWALD, J . o 's M.B. 160 P. 18 co ,, MoN(f) `3p•00, r BRUCE C. GOTTWALD rn ':L'; GPIN: 2426-29-3873 ,:`� \ °41 \4cS D.B. 2232 P. 546 r 5' U TLI TY & �' / _-, LOT 8 & 9 �� y; DRAINAGE / ' ) M.B. 160 P. 18 titi'; EASEMENT ~/ GPIN: 2426-29-4857 ;t'X4 M.B. 160 P. 18 / ,` GPIN: 2426-29-5830 %. / �� / i �/0°�. 38„F /1 pyo o I; EXHIBIT AAr ENCROACHMENT DRILL L=40.22' NOW OR FORMERLY / NOLE(F) R=40.00' GORDON R. D'ANGELO 3840 ,,%', PLAT SHOWING / LOTD 0. 3098 P. 346 (Ri(Tpi, /40 •2 j8 RIP—RAP, WOOD RAMP, WOOD PIER, FLOATING WOOD PIER & PILES M.B. 160 P. 18 -44'' p FOR: FLOYD D. GOTTWALD, JR. GPIN: 2426-29-4761 VIRGINIA BEACH, VIRGINIA NOTES: SCALE: 1" = 40' MAY 30, 2017 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. vSURVGALLUP 2. A 5' EASEMENT EXISTS ALONG & ADJACENT ' j EYORS & ENGINEERS, LTD. TO ALL SIDE AND REAR LOT LINES FOR THE 323 FIRST COLONIAL ROAD INSTALLATION & MAINTENANCE OF UTILITES & VIRGINIA BEACH. VIRGINIA 23454 DRAINAGE FACILITIES (M.B. 160 P. 18). (757)428-8732 \\Server\drawings\16\16-36 encr.dwg,4/19/2018 12:26:30 PM,1:40,JB rt[ 2,-tsrek-,, .r. ) f(u S) r! �Sir� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of the City's 25' Strip of Property Known as North Bay Located at the Rear of 353 Back Bay Crescent MEETING DATE: May 1, 2018 • Background: Edward S. Martin, Jr. and Margaret R. Martin (the "Applicants") have requested permission to construct and maintain a proposed boat lift and two (2) piles (the "Encroachment") located at the rear of their property, 353 Back Bay Crescent. The Encroachment will extend 5' into the City's 25' strip of property known as North Bay with a width of 13'. • Considerations: City staff has reviewed the requested Encroachment and recommends approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in North Bay. • Public Information: Advertisement of City Council Agenda. • Alternatives: Deny the Encroachment, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Location Map, Pictures, Disclosure Statement, Agreement, Ordinance and Exhibit. ItRecommended Action: Approval of the Ordinance. Submitting Depa. e + ' • -ncy: Public Works/Real Estate f 2j I"City Manager: ' Ij40.• 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF THE CITY'S 6 25' STRIP OF PROPERTY KNOWN 7 AS NORTH BAY LOCATED AT THE 8 REAR OF 353 BACK BAY 9 CRESCENT 10 11 WHEREAS, Edward S. Martin, Jr. and Margaret R. Martin desire to construct 12 and maintain a proposed boat lift and two (2) piles within the City's 25' strip of property 13 known as North Bay located at the rear of 353 Back Bay Crescent (the "Temporary 14 Encroachment"); and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Edward S. Martin, Jr. , Margaret 25 R. Martin, and their assigns and successors in title are authorized to construct and 26 maintain a proposed boatlift in the City's property known as North Bay as shown on the 27 map entitled: "EXHIBIT A PROPOSED ENCROACHMENT OF BOAT LIFT IN NORTH 28 BAY," dated July 7, 2017 and prepared by Marine Engineering, a copy of which is attached 29 hereto as Exhibit"A", and on file in the Department of Public Works and to which reference 30 is made for a more particular description; 31 32 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 33 subject to those terms, conditions and criteria contained in the agreement between the City 34 of Virginia Beach and Edward S. Martin, Jr. and Margaret R. Martin (the "Agreement"), an 35 unexecuted copy of which has been presented to the Council in its agenda, and will be 56 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia 37 Beach; 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized 40 designee is hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 43 such time as Edward S. Martin, Jr. and Margaret R. Martin and the City Manager or his 44 authorized designee execute the Agreement. 1 45 Adopted by the Council of the City of Virginia Beach, Virginia, on the 46 day of , 2018. CA 14186 R-1 PREPARED: 01/11/18 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d002\p025\00443278 doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS, REAL ESTATE DANA R. ARMEYER rte/ /1/X SENIOR CITY ATTORNEY 2 PIN(F) i �r dI PROPERTY UNE 89�� B BACK BAY MEADOWS SEC 3 LOT 54 '� 9L' NF HENRY E RICHESON ' (6 357 BACK BAY CRESCENT 2,.? SLS' GPM;:2433224695000) ,� MB 67 PG 45 �F2 Sad 40'IF �� OQ'' COs `4r yy o� \, Fio Pc; / PIN IF) --" OTHERS BULKHEAD i / BACK BAY MEADOW'S SEC 3 LOT 53 NSF EDWARD S MARTIN JR 353 BACK BAY CRESCENT . '� IN:24332257580000 - Op\ ME / 1353 67G 5 PROPFRTv LINE \ .. DECK -- - PROPERTY LINE-/ I NORMAL WATER LEVEL /•., ', , AT BULKHEAD , \ 7 BACK BAY MEADOWS SEC 3 LOT 52 Lf2 $, Ocie NIP WILLIAM G BRUCE EXISTING BULKHEADN� 349 BACK BAY CRESCENT .i;pGPIN.24332267210000 CA �Qj, / MB 67 PG 45 �`ir1' 6' ' 437 ca`4,9 � MARSH..._ sT�AC 7 AF v,0 s ,\111111,\\/ \\, g ✓ 5' OTHERS BULKHEAD LTH Qp -`O� PROPOSED BOAT LIFT '� r� J` 2 PILES ENCROACH ' 25 ,,,,// O'� '�� ONTO CITU PROPERTY f _ Il 1i/,' ! ( ,, 9� / vo DAVID KLL�E/D1ZK y 1a v I0 20 a Lic. No. 034674 —6.-1.. r ef) 'C/3/20" / SCALE:,•=30 � 'sSIONALCs EXHIBIT A PREPARED BY: APPLICATION FOR ENCROACHMENT BY: PROPOSED ENCROACHMENT MARINE ENGINEERING 4212 DOUGHERTY CT EDWARD S MARTIN JR OF VIRGINIA BEACH, VA 23455 353 BACK BAY CRESCENT BOAT LIFT SHEET 1 OF 1 VIRGINIA BEACH, VA 23456 IN NORTH BAY DATE: JULY 7, 2017 W .+ / . Q �\ ~ / \ oc oe I— w � W Q Z T •,,v 1 g � 5w rk c _ Z Z 0a,/-/N> 0 0 N 0w ' QC7 p Q = ZmN Z 2 / CC �G5 OJO OQOC! PG� Zy � G�0 w0 �' Q ce 2 cc cl ,/ , w co V i 1.61 CL --� ZP�� Q 'rfri ! �'r÷Pti I I— C �y N w 0) V 41 GC / CG V i C Q 1 Em E R V V o � Q N b 0 CO 2d .V uM E do C LA AAc 'Q Q. O O W M , L N N a a N M H o O � N U Z 0— .. N co N J O. U ZQ i � ,`- y. T. • 1 '4** £ r d k b t y. ,'-‘7•••" rtecc S co 44 =rU f Q t S. �O 4.r at 0. • i F- 4 ,.'i - ZLUk• ,"--Z----------.: _ OU ss Y tfl " . r k13) CC „j C� U w _ `' c Q CD ,. fa 14r • • . 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W M Ln • OCT - 9 1011 Ptk Eslc" Vtrgin1a Beach APPLICANT'S NAME EDWARD S MARTIN JR DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance, Special Investment Program Nonconforming Use Exce.tion for (EDI P) Changes Board of Zoning A. •eats Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board), Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property i Subdivision Variance Board I _ Conditional Use Permit ( License Agreement Wetlands Board 9._._...r.'s-:Y....-. :Deb. ..y n,.,.....ia.n ras..b+w+s -'N•4 'rY°'..�1�M+➢YM.rWi16.Kar+Yi.YM .. .-. ` 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 '0R i=i 1'v JSE ONLY/A riisc o. :s a.. st be .:c_ •c-d n• ;?i"?e'.5,r:,-'CO any Page 1 of 7 •-- an„ •City rr i- :at p,_r:a.is :c tr f :.t:c•',$) _i 9 APPLICANT tJOTrIED C= H"A.;:hiC r _ '1 � �:..! NO C i*ANC_S AS O :. TE 4lZo(t8 ASpelt Atter u5eo's ❑ SEVOONS SUBMf?TEc r:IF: � Iii3 Virginia Beach y 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: EDWARD S MARTIN JR If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotesi and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PRCPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: EDWARD S MARTIN ,.,"R 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 t 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 possessir.a more than 50 percent of the voting power of another corporation." See State and Local Government Conf:ict of Interests Act,Va. Code § 2.2-3101. 2 ',Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists whin (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 n,anagement or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relatonship include that the same ,?erson or substantially ::,._ same person own or manage the two entities; there are common or commingled funds or assets; the business entit.es share the use of the same offices or emp'oyees or otherwise share activities, resJurces or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES NO ( SERVICE PROVIDER (use additional sheets if I needed) l l Accounting and/or preparer of your tax return EArchitect/Landscape Architect/ Land Planner Contract Purchaser (if other than Elis the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed Cpurchaser of the subject property �-- (identify nurchaser(s) and Ipurchaser's service providers) Construction Contractors [] Engineers / Surveyors/ Agents MARINE ENGINEERING Financing (include current -'= 1 mortgage holders and lenders __ '�� : 1� 'c• I selected nr being considered to provide financing for acquisition or construction of the property) 4 y. Legal Services Real Estate Brokers / Agents/Realtors for current and V\ anticipa.n.1 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 I an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia Beach Ammemeamm CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is I complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A• cation. APPUCANT'S SIGNATURE PRINT NAME DA os-Az� Page 5of7 \B OWNER Virginia Beach IYES rNO SERVICE PROVIDER (use additional sheets if needed) CM Accounting and/or preparer of your tax return Architect / Landscape Architect / Land Planner Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed E purchaser of the subject property (identify purchaser(s) and ! i purchaser's service providers) t Construction Contractors Engineers / Surveyors/Agents MARINE ENGINEERING Financing (include current • (-" mortgage holders and lenders 1t i` �t� selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / t Agents,",.altors for current and anticipated future sales of the subject property — I SECTION 4. KNCWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have Q 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 INTB Virginia Beach CERTIFICATION: s 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 1 meeting, or meeting of any public body or committee in connection with this App,ication. >4-/' yOWNER'S /L J �. �_...,,,a, i' -s ,- -.7.21," -7:4- c77 els SIGNATURE , PRINT NAME DATE Page 7 of 7 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this y day of 7gfir t L- 201 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and Edward S. MARTIN. Jr. and Margaret R. MARTIN, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 53"; as shown on that certain plat entitled: Section 3 BACK BAY MEADOWS, PROPERTY OF NORTH BAY DEVELOPMENT CORPORATION, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA," dated July 16, 1964, prepared by W.B. Gallop, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 67, at page 45, and being further designated, known, and described as 353 Back Bay Crescent, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a proposed boat lift and two (2) piles (collectively the "Temporary Encroachment"), in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of the City's 25' GPIN: 2433-27-3415 -CITY PROPERTY-352 TUNA LANE KNOWN AS NORTH BAY GPIN: 2433-22-5758-353 BACK BAY CRESCENT strip of property known as North Bay located at 352 Tuna Lane the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A PROPOSED ENCROACHMENT OF BOAT LIFT IN NORTH BAY" dated July 2017 and prepared by Marine Engineering, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must 2 be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. 3 It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary_Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Edward S. Martin, Jr. and Margaret R. Martin, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its 4 name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 201_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 By �� 1. 7/1/, '-‘--- Edward S. Martin, Jr., Owner \)\ -- - C IL K 3 r By Margam . Martin, Owner STATE OF VL, e/A/('} CITY/COUNTY OF Vega,A Urr_Ae}t, to-wit: The foregoing instrument was acknowledged before me this 1(0 s1/ day of a Zugz f , 201 5, by Edward S. Martin, Jr. //►► /� - 77 SEAL) ota Public Notary Registration Number: '7( / 7( '(2(4 CHRISTOPHER K.ARTHUR NOTARY PUBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JULY 31,2018 My Commission Expires: S LtI,t? 3t1 Rol S?" COMMISSION#7617664 STATE OF Vtr9'`"Q` CITY/COUNTY OF Vtrgtnt A. 6 ec --, to-wit: The foregoing instrument was acknowledged before me this day of 'q-Vrt‘ , 201 g , by Margaret R. Martin. 1)(Ditr2fLUe-'- igfA (SEAL) Notary Public Notary Registration Number: 335'410 1 .8� ao r .'T„�:�':ay Michelle L Reitz My Commission Expires: q •� a Commonwealth of Virginia Notary Public .;4,,,-sf'i f`` Commission No.335469 ° My Commission Expires 09/30/2019 7 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ()\,aD, \ - SIGNATURE D7—A R. AR EYER, SENIOR CITY ATTORNEY DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 8 PO+(F) / • \ PROPERTY UNE �', BACK BAY MEADOWS SEC 3 LOT 54 \ '� 9`' NA'HENRY E RKSIESON St 0 357 B /S ACK BAY CRESCENT i' y� ��LS GPN:24332245950000 J -3 CT MB Bt PG 45 °d • \h 2J. \\:Ps 14:1'"% PN(F)!- OTHERS BULKHEAD • /J BACK BAY MEADOWS SEC 3 LOT 53 ' ' NE EDWARD S MARTIN JR 5353 VOA353 BACK BAY CRESCENT GPIN:24332257580000 \ 40' MB57PG45 ... ,\, . ,. \ \\ i PROPERTY LINE \ \ DECK _. ._ . • • PROPERTY UNE-2' . • NORMAL WATER LEVEL „.".\ �, • AT BULKHEAD BACK BAY MEADOWS SEC 3 LOT 52 ,\ \ ;is N!F WILLIAM G BRUCE 349 BACK BAY CRESCENT -./3 EXISTING BULKHEAD SN"' GPN:24332267210000 4o y�. �• MB 87 PG 45 r�, �l��-� F. / 43T "firms(44 / V15 MARSH # \\., s. y 5 -OTHERS BULKHEAD LTH D �A O� O PROPOSED BOAT LIFT * 1 "9` 1 PILES ENCROACH .4 �' y� ONTO CrrvPROPERTY 2s . �V "7`'` Gam, 9.)_ / 8 DAVID KLEDZK y Ia a IT 20 4a Lic. No. 034674 (� SCALE.r=30' 1tf -0/3/70• , S�ONAL EXHIBIT A PKtPARED BY: APPLICATION FOR ENCROACHMENT BY: PROPOSED ENCROACHMENT MARINE ENGINEERING 4212 DOUGHERTY CT EDWARD S MARTIN JR OF VIRGINIA BEACH, VA 23455 353 BACK BAY CRESCENT BOAT LIFT SHEET 1 OF 1 VIRGINIA BEACH, VA 23456 IN NORTH_ BAY - DATE JULY 7, 2017 0 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing and Directing the City Manager to Execute the Memorandum of Agreement Establishing the Hampton Roads Regional Stormwater Management Program Between the City of Virginia Beach and the Hampton Roads Planning District Commission MEETING DATE: May 1, 2018 ■ Background: The City of Virginia Beach has worked cooperatively within the region through the Hampton Roads Planning District on stormwater management issues since 1996, when the first Virginia Pollutant Discharge Elimination System (VPDES)permits were issued to localities. Working collectively with neighboring cities through the Hampton Roads Planning District Commission (HRPDC) on stormwater management issues has been beneficial. The arrangement reduces duplication, allows HRPDC to provide technical assistance, promotes consistent programs across the region, and allows Hampton Roads cities to speak with a larger voice to regulators. The first formal Memorandum of Agreement (MOA) with HRPDC for regional stormwater management was executed in 2003. Subsequent MOAs were executed in 2008 and 2013. The current MOA expires in June, 2018. in Considerations: This is the continuation of a process the City has beneficially used since 1996. Total cost to the City for the first year of the agreement is$114,785. Funding for this cost is included in the proposed FY19 Budget. a Public Information: Public information will be provided through the normal City Council agenda process. w Attachments: D Resolution D Summary of Material Terms D Memorandum of Agreement Recommended Action: Approval of Resolution Submitting Depart . - .t/Agency: Public Worksql City Manage . 1 A RESOLUTION AUTHORIZING AND DIRECTING 2 THE CITY MANAGER TO EXECUTE THE 3 MEMORANDUM OF AGREEMENT ESTABLISHING 4 THE HAMPTON ROADS REGIONAL STORMWATER 5 MANAGEMENT PROGRAM BETWEEN THE CITY OF 6 VIRGINIA BEACH AND THE HAMPTON ROADS 7 PLANNING DISTRICT COMMISSION 8 9 WHEREAS, The City of Virginia Beach has worked cooperatively within the 10 region through the Hampton Roads Planning District on stormwater management issues 11 since 1996 12 13 WHEREAS, such cooperative work was accomplished through the Hampton 14 Roads Planning District Commission (HRPDC) and eighteen (18) neighboring localities; 15 and 16 17 WHEREAS, such cooperation has been extremely beneficial to the City of 18 Virginia Beach ("City") allowing for the reduction of duplication, allowing HRPDC to 19 provide technical assistance, promoting consistent programs across the region, and 20 allowing Hampton Roads cities to speak with a larger voice to regulators; and 21 22 WHEREAS, the HRPDC and the City wish to enter into a Memorandum of 23 Agreement ("MOA") to continue the Hampton Roads Regional Stormwater Management 24 Program. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA, THAT: 28 29 The City Manager is hereby authorized and directed to execute a MOA between 30 the City and the HRPDC to provide for the continuation of the Hampton Roads Regional 31 Stormwater Management Program. Incorporated herein is a summary of material terms 32 of the MOA and the Agreement itself. 33 Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Mark Johns n B. Kay ilson Interim Director of Public Works Office of the City Attorney CA14357 R-1 April 6, 2018 SUMMARY OF MATERIAL TERMS HAMPTON ROADS REGIONAL STORMWATER MANAGEMENT PROGRAM MEMORANDUM OF AGREEMENT PARTIES HAMPTON ROADS PLANNING DISTRICT COMMISSION ("HRPDC") CITY OF VIRGINIA BEACH (the "City") The Cities of Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Williamsburg and the Counties of Gloucester, Isle of Wight,James City, Southampton, Surry, York, and the Towns of Smithfield, Windsor will also sign Agreements with HRPDC. PURPOSE Address issues arising from Virginia stormwater management regulations by using regional goals to guide the operation of signatories' stormwater management programs. TERM Expires June 30, 2023. COST Pro-rata cost, plus extra services based upon formula (estimated $114,875 first year, subject to appropriation). DUTIES HRPDC: • Provide technical support and policy analysis related to stormwater and water quality issues to local government staff. • Provide the necessary administrative, technical and clerical resources to support program activities in order to ensure that the MS4 permit-holding cities and counties meet applicable stormwater management requirements. • Prepare an annual work program and budget for the Hampton Roads Regional Stormwater Management Program. The annual work program will be incorporated into the HRPDC Unified Planning Work Program and the annual budget will be incorporated into the HRPDC budget. • Assist the signatories in coordinating reporting on stormwater related activities to other state and federal agencies to ensure that program requirements are met in a cost-effective manner, which minimizes duplicative reporting and the administrative burden on the signatories. • Conduct a regional stormwater education program. This will include public education activities and may include outreach to specific economic sectors and groups. The stormwater education subcommittee of askHRGreen.org will be responsible for guiding the development of original materials, including publications, media advertising and promotional items.This may also include development of locality-specific materials or coordination of bulk purchases. The stormwater education subcommittee of askHRGreen.org will coordinate with HRPDC staff on the educational and outreach components of the Hampton Roads Regional Stormwater Management Program. • Develop and conduct a regional training program for municipal employees, contractors, civic leaders and other interested parties. The training program will emphasize stormwater management, pollution prevention and permit issues. • Respond equitably and in a timely fashion to requests from all signatory local governments for technical assistance.The time frame for responses will be based on experience, the complexity of individual requests and the overall work load of program staff. • Provide other technical support, as requested, to the signatory local governments. • Upon request from one or more participating localities, conduct technical studies to support compliance by the localities with MS4 permit requirements and VSMP program requirements. • Facilitate development of multi-jurisdictional management plans for shared watersheds, as requested. • Take steps, in conjunction with the signatory local governments,to obtain financial support for program activities from outside sources, including state,federal and private grants, to the extent that this may be accomplished without creating a conflict of interest, as determined by the signatory local governments. • Contract with and manage consultants, including both private firms and academic institutions, to support the regional program, including provision of requested services to local governments in excess of the common program elements. • Represent the Hampton Roads Regional Stormwater Management Program at federal, state, regional and local governmental, civic, professional and political organizations, agencies, and committees. • Provide technical and administrative support, as appropriate,to those localities that are required to develop stormwater management programs to meet VSMP requirements, but that are not required to obtain MS4 permits for their stormwater discharges. • Prepare annual program reports, or components thereof, which comply with the provisions of the MS4 permits and stormwater management programs of the signatory localities. • Facilitate local government involvement in TMDL studies being prepared through the Virginia Department of Environmental Quality and EPA and facilitate preparation of TMDL Implementation Plans for impaired waters in the Hampton Roads Region as requested. • Prepare an annual report of activities undertaken through the Hampton Roads Stormwater Management Program. This report will include summaries of related activities undertaken on a cooperative basis by the signatories. • Identify state and federal regulatory actions that may affect local government stormwater programs, serve on regulatory advisory panels (RAPs) as necessary, conduct policy analysis, and develop policy recommendations on behalf of the HRPDC. • Coordinate the compilation of regional data for MS4 permit annual reports to the appropriate regulatory authority. LOCAL GOVERNMENT: • Appoint one voting member and alternates, as appropriate,to the Regional Environmental Advisory Committee to represent the local government stormwater and water quality related concerns. Generally,the voting representative should be the MS4 permit or program administrator. • Appoint a representative and alternates, as appropriate, to the stormwater education subcommittee of askHRGreen.org. • Provide, in a timely fashion, all locally generated data required by their MS4 permits and such other data as may be necessary to accomplish locally requested services. • Provide timely technical review of HRPDC analyses and conclusions. • Participate in regional efforts to conduct public outreach and education activities in regard to the state's TMDL study process and efforts to develop TMDL Implementation Plans for impaired waters lying within the locality or within watersheds that include the locality. • Provide input on regulatory issues to HRPDC staff and serve on RAPs or provide input to the regional RAP representative as appropriate. • Support HRPDC efforts to obtain additional funding to support the regional programs,to the extent that this may be accomplished without creating a conflict of interest, as determined by the signatory local governments. • Provide annual funding to support the agreed-upon regional program. MEMORANDUM OF AGREEMENT ESTABLISHING THE HAMPTON ROADS REGIONAL STORMWATER MANAGEMENT PROGRAM WHEREAS, Section 15.2-4200 of the Code of Virginia enables local governments to establish Planning District Commissions; and WHEREAS, the eighteen local governments that are signatories to this Agreement have acted, in accordance with Section 15.2-4200 of the Code of Virginia, to establish the Hampton Roads Planning District Commission (HRPDC); and WHEREAS, the HRPDC has been requested and has undertaken various studies to support local government stormwater management programs, including compliance with Virginia Stormwater Management Program (VSMP) Municipal Separate Storm Sewer (MS4) Permits; and WHEREAS, the signatory local governments have requested the HRPDC to administer and coordinate a regional stormwater management program; and WHEREAS, pursuant to the Clean Water Act, the U.S. Environmental Protection Agency (EPA) has promulgated implementing regulations, 40 Code of Federal Regulations Part 122, which established the National Pollutant Discharge Elimination System (NPDES) Permits for Municipal Separate Storm Sewer System (MS4) Discharges; and WHEREAS, pursuant to the Virginia Stormwater Management Act, 62.1-44.15, et. seq. of the Code of Virginia, 1950 As Amended, the Board of Soil and Water Conservation has promulgated implementing regulations 4 VAC 50-60, et. seq., which establish the requirements that localities obtain permits for their MS4 discharges; and, WHEREAS, the majority of the eighteen signatory local governments are required by their MS4 permits to conduct certain activities, including reporting on their discharges, conducting public information and education programs, and certain other activities; and WHEREAS, the Water Quality Monitoring and Reporting Act and implementing regulations promulgated by the State Water Control Board establish requirements for the preparation of Total Maximum Daily Load (TMDL) Implementation Plans, which apply to activities conducted by localities in general as well as activities conducted in implementing MS4 permit requirements; and, WHEREAS, the Chesapeake Bay Preservation Act and the Virginia Erosion and Sediment Control Law and implementing regulations also establish stormwater management requirements that govern one or more of the eighteen signatory local governments; and, WHEREAS, sixteen local governments and the HRPDC executed the Memorandum of Agreement Establishing the Hampton Roads Regional Stormwater Management Revised September 10, 2017 1 Program on September 5, 2003 and that Agreement expired on December 31, 2007; and, WHEREAS, eighteen local governments and the HRPDC executed the Memorandum of Agreement Establishing the Hampton Roads Regional Stormwater Management Program on March 6, 2008 and that Agreement expires on June 30, 2013, and WHEREAS, eighteen local governments and the HRPDC executed the Memorandum of Agreement Establishing the Hampton Roads Regional Stormwater Management Program on July 1, 2013 and that Agreement expires on June 30, 2018. NOW THEREFORE, the signatory parties enter into the following Agreement. This Memorandum of Agreement entered into this first day of July 2018, among and between the eighteen local governments in Hampton Roads and the HRPDC, establishes and maintains the Hampton Roads Regional Stormwater Management Program. BASIC PREMISES All local governments in Hampton Roads operate stormwater management programs. The Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth and Virginia Beach received VPDES Permits in 1996. Those permits, which were renewed in 2001, govern the discharges from their MS4s to waters of the state and impose certain operational and reporting requirements on those systems. In 2005, these permits were converted to VSMP permits. These permits must be renewed on a five (5) year basis and the localities applied for renewed permits in 2005. Localities operated programs under administratively continued permits until June 30, 2016. The new permit became effective on July 1, 2016. The Cities of Poquoson, Suffolk and Williamsburg and the Counties of Gloucester, Isle of Wight, James City, and York were all identified by the EPA as requiring VPDES permits under Phase II of the MS4 regulations. Those localities that operate MS4s obtained VPDES permits in March 2003. Those permits also imposed certain operational and reporting requirements on those systems. In 2005, these permits were converted to VSMP permits. These permits must be renewed on a five (5) year basis with the next renewal planned for 2013. It was determined that permit coverage for Isle of Wight County was not required, and the County Phase II MS4 Permit was terminated on April 15, 2016. Although Gloucester County was initially identified by the EPA as requiring a Phase II MS4 permit, it was subsequently determined that permit coverage for Gloucester County was not required. The City of Franklin, the Counties of Gloucester, Isle of Wight, Southampton and Surry and the Towns of Smithfield and Windsor are governed by stormwater management Revised September 10, 2017 2 requirements established under the Virginia Stormwater Management Act and the Virginia Erosion and Sediment Control Law. The Chesapeake Bay Preservation Act also governs Gloucester and Surry Counties and the Towns of Smithfield and Windsor. As of July 1, 2014, all localities have implemented stormwater management programs that meet the minimum requirements established in the Virginia Stormwater Management Act. The Virginia Stormwater Management Act imposes operational and reporting requirements on all localities that are required to implement stormwater management programs. The local governments are interested in managing stormwater in a manner which protects and does not degrade waters of the state and which meets locally established quality of life goals and objectives. The Clean Water Act and the VSMP require that stormwater quantity and quality be managed to the maximum extent practicable. In carrying out their stormwater management responsibilities, the aforementioned local governments have developed a consensus on regional goals to guide the operation of their stormwater management programs. Initially, approved by the HRPDC at its Executive Committee Meeting of September 15, 1999, they are: 1. Manage stormwater quantity and quality to the maximum extent practicable (MEP) • Implement best management practices (BMP) and retrofit flood control projects to provide water quality benefits. • Support site planning and plan review activities. • Manage pesticide, herbicide and fertilizer applications. 2. Implement public information activities to increase citizen awareness and support for the program. 3. Meet the following needs of citizens: • Address flooding and drainage problems. • Maintain the stormwater infrastructure. • Protect waterways. • Provide the appropriate funding for the program. 4. Implement cost-effective and flexible program components. 5. Satisfy MS4 stormwater permit requirements: • Enhance erosion and sedimentation control. • Manage illicit discharges, spill response, and remediation. This Agreement establishes the administrative framework, which will be used by the local governments in Hampton Roads to address certain stormwater management Revised September 10, 2017 3 requirements under the above-cited state and federal laws and regulations. Eighteen local governments in the Hampton Roads Region will be participants in and signatories to the Agreement. HRPDC RESPONSIBILITIES Under the terms of this Agreement, the HRPDC staff is responsible for the following: • Provide technical support and policy analysis related to stormwater and water quality issues to local government staff. • Provide the necessary administrative, technical and clerical resources to support program activities in order to ensure that the MS4 permit-holding cities and counties meet applicable stormwater management requirements. • Prepare an annual work program and budget for the Hampton Roads Regional Stormwater Management Program. The annual work program will be incorporated into the HRPDC Unified Planning Work Program and the annual budget will be incorporated into the HRPDC budget. • Assist the signatories in coordinating reporting on stormwater related activities to other state and federal agencies to ensure that program requirements are met in a cost-effective manner, which minimizes duplicative reporting and the administrative burden on the signatories. • Conduct a regional stormwater education program. This will include public education activities and may include outreach to specific economic sectors and groups. The stormwater education subcommittee of askHRGreen.org will be responsible for guiding the development of original materials, including publications, media advertising and promotional items. This may also include development of locality-specific materials or coordination of bulk purchases. The stormwater education subcommittee of askHRGreen.org will coordinate with HRPDC staff on the educational and outreach components of the Hampton Roads Regional Stormwater Management Program. • Develop and conduct a regional training program for municipal employees, contractors, civic leaders and other interested parties. The training program will emphasize stormwater management, pollution prevention and permit issues. • Respond equitably and in a timely fashion to requests from all signatory local governments for technical assistance. The time frame for responses will be based on experience, the complexity of individual requests and the overall work load of program staff. • Provide other technical support, as requested, to the signatory local Revised September 10, 2017 4 governments. • Upon request from one or more participating localities, conduct technical studies to support compliance by the localities with MS4 permit requirements and VSMP program requirements. • Facilitate development of multi-jurisdictional management plans for shared watersheds, as requested. • Take steps, in conjunction with the signatory local governments, to obtain financial support for program activities from outside sources, including state, federal and private grants, to the extent that this may be accomplished without creating a conflict of interest, as determined by the signatory local governments. • Contract with and manage consultants, including both private firms and academic institutions, to support the regional program, including provision of requested services to local governments in excess of the common program elements. • Represent the Hampton Roads Regional Stormwater Management Program at federal, state, regional and local governmental, civic, professional and political organizations, agencies, and committees. • Provide technical and administrative support, as appropriate, to those localities that are required to develop stormwater management programs to meet VSMP requirements, but that are not required to obtain MS4 permits for their stormwater discharges. • Prepare annual program reports, or components thereof, which comply with the provisions of the MS4 permits and stormwater management programs of the signatory localities. • Facilitate local government involvement in TMDL studies being prepared through the Virginia Department of Environmental Quality and EPA and facilitate preparation of TMDL Implementation Plans for impaired waters in the Hampton Roads Region as requested. • Prepare an annual report of activities undertaken through the Hampton Roads Stormwater Management Program. This report will include summaries of related activities undertaken on a cooperative basis by the signatories. • Identify state and federal regulatory actions that may affect local government stormwater programs, serve on regulatory advisory panels (RAPs) as necessary, conduct policy analysis, and develop policy recommendations on behalf of the HRPDC. • Coordinate the compilation of regional data for MS4 permit annual reports to the appropriate regulatory authority Revised September 10, 2017 5 LOCAL GOVERNMENT RESPONSIBILITIES Under the terms of the Agreement, the signatory local governments are responsible for the following: • Appoint one voting member and alternates, as appropriate, to the Regional Environmental Advisory Committee to represent the local government stormwater and water quality related concerns. Generally, the voting representative should be the MS4 permit or program administrator. • Appoint a representative and alternates, as appropriate, to the stormwater education subcommittee of askHRGreen.org. • Provide, in a timely fashion, all locally generated data required by their MS4 permits and such other data as may be necessary to accomplish locally requested services. • Provide timely technical review of HRPDC analyses and conclusions. • Participate in regional efforts to conduct public outreach and education activities in regard to the state's TMDL study process and efforts to develop TMDL Implementation Plans for impaired waters lying within the locality or within watersheds that include the locality. • Provide input on regulatory issues to HRPDC staff and serve on RAPs or provide input to the regional RAP representative as appropriate. • Support HRPDC efforts to obtain additional funding to support the regional programs, to the extent that this may be accomplished without creating a conflict of interest, as determined by the signatory local governments. • Provide annual funding to support the agreed-upon regional program. METHOD OF FINANCING The majority of program costs will be allocated according to a formula reflecting each locality's share of the regional population. Costs for additional projects or services will be allocated based on a formula developed by the HRPDC staff and approved by the HRPDC with the concurrence of the signatory local governments. For example, legal services have been split between the localities with MS4 permits and the maintenance costs for the regional online BMP database have been split by the subset of localities still using the system. Revised September 10, 2017 6 AVAILABILITY OF FUNDS Performance by the HRPDC of its responsibilities under this Agreement is subject to the availability of funding from the signatory local governments. Failure of the local governments to provide the necessary funding to support these activities will constitute a Notice to Modify or Terminate the Agreement. MODIFICATIONS Modifications to this Memorandum of Agreement must be submitted in writing, approved by the HRPDC, and accepted by all signatories. DURATION AND TERMINATION This Agreement will have a term of five years, extending from the date of full execution of the renewed Agreement by the signatories or June 30, 2018, whichever occurs last through June 30, 2023. To conform to local government charter and Virginia Code requirements, the funding provisions of this Agreement will be subject to annual appropriations. No later than January 1, 2023, the signatories will institute a formal reevaluation of the Hampton Roads Regional Stormwater Management Program. This reevaluation will serve as the basis for appropriate modification of the Agreement and the Hampton Roads Regional Stormwater Management Program. Any signatory may terminate its participation in the Hampton Roads Regional Stormwater Management Program by written Notice To Terminate to all other parties. Such termination will be effective with the start of the following Fiscal Year. Depending upon the terms of individual VSMP permits, termination of participation in the Hampton Roads Regional Stormwater Management Program in the middle of a permit term may result in changes to permit conditions and require renegotiation of the individual locality's VSMP permit from the state (Virginia Department of Environmental Quality). OWNERSHIP OF PROPERTY It is not the intent of the signatories that the Memorandum of Agreement will result in the purchase, ownership, leasing, holding or conveying of any real property. INDEMNITY It is the intent of the signatories that no signatory will be held liable for any damage or associated penalties caused by or associated with the failure of any other signatory to discharge its duties or to exercise due diligence in discharging its duties under this Agreement, and that no signatory, by entering this Agreement, waives any defenses or immunities available to it at law, including, but not limited to, those set forth in Section 15.2-970 of the Code of Virginia. It is the intent of the signatories that no signatory will be held liable for any damage or Revised September 10, 2017 7 associated penalties caused by or associated with the failure of any other signatory to comply with the terms and conditions of the signatory's VSMP permit. Revised September 10, 2017 8 LIST OF SIGNATORIES Signature pages will be signed in counterparts. CITY OF CHESAPEAKE CITY OF FRANKLIN GLOUCESTER COUNTY CITY OF HAMPTON ISLE OF WIGHT COUNTY JAMES CITY COUNTY CITY OF NEWPORT NEWS CITY OF NORFOLK CITY OF POQUOSON CITY OF PORTSMOUTH SOUTHAMPTON COUNTY CITY OF SUFFOLK SURRY COUNTY CITY OF VIRGINIA BEACH CITY OF WILLIAMSBURG YORK COUNTY TOWN OF SMITHFIELD TOWN OF WINDSOR HAMPTON ROADS PLANNING DISTRICT COMMISSION This listing of participants will be followed by individual signature pages. Revised September 10, 2017 9 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF CHESAPEAKE By: Date: Date: Attest: Revised September 10, 2017 10 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF FRANKLIN By: Date: Date: Attest: Revised September 10, 2017 11 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. GLOUCESTER COUNTY By: Date: Date: Attest: Revised September 10, 2017 12 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF HAMPTON By: Date: Date: Attest: Revised September 10, 2017 13 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. ISLE OF WIGHT COUNTY By: Date: Date: Attest: Revised September 10, 2017 14 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. JAMES CITY COUNTY By: Date: Date: Attest: Revised September 10, 2017 15 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF NEWPORT NEWS By: Date: Date: Attest: Revised September 10, 2017 16 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF NORFOLK By: Date: Date: Attest: Revised September 10, 2017 17 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF POQUOSON By: Date: Date: Attest: Revised September 10, 2017 18 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF PORTSMOUTH By: Date: Date: Attest: Revised September 10, 2017 19 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. SOUTHAMPTON COUNTY By: Date: Date: Attest: Revised September 10, 2017 20 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF SUFFOLK By: Date: Date: Attest: Revised September 10, 2017 21 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. SURRY COUNTY By: Date: Date: Attest: Revised September 10, 2017 22 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF VIRGINIA BEACH By: Date: Date: Attest: APPROVED AS TO LEGAL SUFFICIENCY City Attorney's Office I PCbi kC0A / U Revised September 10, 2017 23 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. CITY OF WILLIAMSBURG By: Date: Date: Attest: Revised September 10, 2017 24 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. YORK COUNTY By: Date: Date: Attest: • Revised September 10, 2017 25 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. TOWN OF SMITHFIELD By: Date: Date: Attest: Revised September 10, 2017 26 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. TOWN OF WINDSOR By: Date: Date: Attest: Revised September 10, 2017 27 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and the Executive Director of the Hampton Roads Planning District Commission hereby execute this Agreement. HAMPTON ROADS PLANNING DISTRICT COMMISSION By: Date: Date: Attest: Revised September 10, 2017 28 .11 CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) A Resolution Requesting the Virginia Department of Transportation to Accept Additional Streets for Urban Maintenance Payments (2) A Resolution Requesting the Virginia Department of Transportation to Accept Corrections to the Road Inventory for Urban Maintenance Payments MEETING DATE: May 1 , 2018 • Background: The Virginia Department of Transportation ("VDOT") maintenance funding is conditioned upon City Council submitting to VDOT resolutions for all new streets and for all corrections/deletions to the City's road inventory. VDOT provided the City with a letter, dated June 22, 2017, which stated the FY18 reimbursement rates. The rates are as follows: local/collector streets will be reimbursed at $12,365 per lane mile, and arterial streets will be reimbursed at $21,061 per lane mile. • Considerations: The first resolution requests the addition of newly constructed streets in the amount of 1.4 lane miles which will be eligible for urban maintenance funds beginning July 1, 2017. All 1.4 lane miles are classified as local/collector streets. Based on the present VDOT reimbursement rates indicated above, the City will receive $17,311 per year for these added lane miles. The second resolution requests changes to the current VDOT maintenance funding inventory due to duplications or updated lane mile data. There are 0.90 lane miles of local/collector streets to be deleted from the inventory. There are corrections in the amount of 1.74 lane miles of local/collector streets to be added back to the inventory, for a net increase of 0.84 lane miles. Based on the present VDOT reimbursement rates indicated above, the City reimbursement will be increased by $10,386.60 per year for these changes. The total net increase in urban maintenance lane miles from the additions and the corrections will result in a funding increase of $27,697.60 from VDOT. • Public Information: The normal Council agenda • Recommendations: Approval • Attachments: Resolutions (2), Exhibit A ("New Streets"), Exhibit B ("Changes") Recommended - 'on: Approval Submitting De artm. nt/Agency: Public Works L- City Manager: �� 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO ACCEPT 3 ADDITIONAL STREETS FOR URBAN MAINTENANCE 4 PAYMENTS 5 6 WHEREAS, the Virginia Department of Transportation requires a City Council 7 resolution prior to accepting additional streets for urban maintenance payments; and 8 9 WHEREAS, the 1.40 (Local/Collector) lane miles of streets listed on Exhibit A 10 (attached) have been constructed in accordance with standards established by the 11 Virginia Department of Transportation; and 12 13 WHEREAS, the City of Virginia Beach has accepted and agreed to maintain 14 these streets; and 15 16 WHEREAS, a representative from the Virginia Department of Transportation has 17 inspected and approved these streets. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That City Council hereby requests the Virginia Department of Transportation to 23 accept the streets listed on Exhibit A, attached hereto and incorporated by reference, 24 and to begin paying urban maintenance payments to the City of Virginia Beach based 25 on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. A PPROVED A TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 11 J ‘ . .iitalA... J / Phillip Koe -rDana armeyer f Department • "ublic Works City Attorney's Office CA14361 R-1 April 17, 2018 City of Bea Exhibit A - New Streets Public Works/Virginia Operaatio s IRITZIIIIIIIIIIIIIIIIIIII Street Type STREET FROM TO LANE MILES LOCAL BATTERSEA CT KNIGHTS BRIDGE LA E CUL-DE-SAC 0.24 LOCAL BROCK CT DANIEL SMITH RD N CUL-DE-SAC 0.04 LOCAL CHLOE LA CHILDERIC RD E CUL-DE-SAC 0.22 LOCAL EAGLE COVE TRL INDIAN RIVER RD(WB) N CUL-DE-SAC 0.14 LOCAL GIBSON COVE PL EAGLE COVE TRL W CUL-DE-SAC 0.36 LOCAL VINCE RD ELLIOTT RD W CUL DE SAC 0.40 Total Lane Miles of LOCAL streets: 1.40 Total Lane Miles of New Street : 1.40 Thursday,January 25,2018 Page 1 of 1 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO ACCEPT 3 CORRECTIONS/DELETIONS TO THE ROAD 4 INVENTORY FOR URBAN MAINTENANCE 5 PAYMENTS 6 7 WHEREAS, the Virginia Department of Transportation requires a City Council 8 resolution prior to accepting corrections or deletions to the revised road inventory for 9 urban maintenance payments; 10 11 WHEREAS, City personnel have reviewed the revised road inventory prepared 12 by the Virginia Department of Transportation and have determined that some 13 inaccuracies exist; 14 15 WHEREAS, corrections to the revised road inventory have been made as shown 16 on Exhibit B (attached); resulting in a net increase of 0.84 (Local/Collector) lane miles. 17 18 WHEREAS, a representative from the Virginia Department of Transportation has 19 inspected and approved corrections. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That City Council hereby requests the Virginia Department of Transportation to 25 accept the corrections listed on Exhibit B, attached hereto and incorporated by 26 reference, and to begin paying urban maintenance payments to the City of Virginia 27 Beach based on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: b � I , y ` Ilip Koett r Dana .r eyer Department • -ublic Works City Attorney's Office CA14360 R-1 April 17, 2018 City of Virginia Beach Exhibit B - Changes Public Works/Operations Additions/Replaced deletions Street Type STREET FROM TO LANE MILES LOCAL BORDER WY S CUL DE SAC TARTAN TL 0.94 LOCAL COURSE VIEW CI CHIPPING LA CUL DE SAC 0.80 Total Lane Miles of LOCAL streets: 1.74 Total Lane Miles of Additions/Replaced deletions : 1.74 Deletions/To be re•laced Street Type STREET FROM TO LANE MILES LOCAL BORDER WY S DEAD END TARTAN TL -0.70 LOCAL COURSE VIEW CI CHIPPING LA CUL-DE-SAC -0.20 Total Lane Miles of LOCAL streets: -0.90 Total Lane Miles of Deletions/To be replaced : -0.90 Thursday,January 25,2018 Page 1 of 1 CmeG 4c�, I`. 7; ;' 1 Y. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Affirm Commitment to Fund the Local Share of Revenue Sharing Projects Under a New Programmatic Project Administration Agreement with the Virginia Department of Transportation and Authorize the City Manager to Enter into Any Necessary Agreements for Project Development. MEETING DATE: May 1, 2018 • Background: The existing Programmatic Project Administration Agreement that the City has in place with the Virginia Department of Transportation (VDOT) to administer Revenue Sharing projects will expire on June 30, 2018. In order for the City to continue to manage Revenue Sharing projects and ensure there is no interruption in charges or reimbursements after June 30, 2018, the City needs to enter into a new Programmatic Project Administration Agreement with VDOT for existing and future Revenue Sharing projects. VDOT requires a locality submit a formal City Council Resolution committing to fund the local share of Revenue Sharing projects as part of the Programmatic Project Administration Agreement. The Revenue Sharing Program is intended to provide funding for immediately needed priority projects or to supplement funding for existing projects. The program provides state funding at a 50/50 match with local funds. It is not a grant program and funds are only available on a reimbursement basis. The City currently has eight (8) active Revenue Sharing Projects within the Roadways Capital Improvement Program. • Considerations: The establishment of a new Programmatic Project Administration Agreement between the City and VDOT will allow the City to continue to manage Revenue Sharing projects and ensure no interruption in reimbursement payments after the current Agreement expires on June 30, 2018. The new Programmatic Project Administration Agreement would cover the eight (8) existing Revenue Sharing projects as well as all future projects receiving Revenue Sharing funds. If the required Resolution affirming the local funding commitment is not approved, a new Programmatic Project Administration Agreement between the City and VDOT will not be established and the City will not be able to manage Revenue Sharing projects and risks delays in reimbursement payments. • Public Information: Normal City Council agenda process. • Attachments: Resolution Recommended Action: Approval of Resolution Submitting Department/Agency: Public Works 4 City Managelbc• 1 A RESOLUTION TO AFFIRM COMMITMENT TO FUND 2 THE LOCAL SHARE OF REVENUE SHARING PROJECTS 3 UNDER A NEW PROGRAMMATIC PROJECT 4 ADMINISTRATION AGREEMENT WITH THE VIRGINIA 5 DEPARTMENT OF TRANSPORTATION AND AUTHORIZE 6 THE CITY MANAGER TO ENTER INTO ANY NECESSARY 7 AGREEMENTS FOR PROJECT DEVELOPMENT 8 9 WHEREAS, the City of Virginia Beach is a recipient of Virginia Department of 10 Transportation funds under various grant programs for transportation-related projects; 11 and 12 13 WHEREAS, the Virginia Department of Transportation requires each locality, by 14 resolution, to provide assurance of its commitment to funding its local share; 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA, THAT: 18 19 1) The City hereby commits to fund its local share, subject to the appropriation of 20 funds by the City Council, of preliminary engineering, right-of-way, and construction 21 of the projects under agreement with the Virginia Department of Transportation in 22 accordance with project financial documents; and 23 24 2) The City Council hereby authorizes the City Manager or authorized designees to 25 execute all agreements and/or addendums for any approved projects with the 26 Virginia Department of Transportation including a new Programmatic Project 27 Administration Agreement, provided such agreement has been approved for legal 28 sufficiency by the City Attorney or authorized designee. 29 30 Adopted by the Council of the City of Virginia Beach, Virginia on the day 31 of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: LR7,,L) 0_ . , David A. Bradley Dana`R. Harmeyer Budget and Management Services City Attorney's Office CA14366 R-1 April 18, 2018 I y; s4� ; i r.i CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Accept and Appropriate State Funding from the Virginia Department of Transportation MEETING DATE: May 1, 2018 • Background: The City of Virginia Beach receives funding form the Virginia Department of Transportation (VDOT) annually for the maintenance of roads based on a distribution formula. The General Assembly adjusted the formula for the Virginia Department of Transportation Urban Maintenance funding. This action allows distribution of overweight permit fee revenue based upon eligible lane miles. The City's share of this supplemental payment is $23,412, to be distributed quarterly. Additionally, the revised VDOT reimbursement rates for FY 2017-18 increases the mileage payments for local and collector streets by $650,243 over the estimated revenue for FY 2017-18. • Considerations: The additional $673,655 can only be used for work eligible for VDOT urban maintenance payments. These additional funds will be put into the Public Works maintenance budget to resurface an additional 8 lane miles of arterial roadway. • Public Information: Public information will be provided through the normal City Council agenda process. • Attachments: Ordinance Recommended Action: Approval of Ordinance 7/Submitting De•artmentfAgency: Public Works Fr City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDING FROM THE VIRGINIA DEPARTMENT OF 3 TRANSPORTATION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $673,655 is hereby accepted from the Virginia Department of 9 Transportation (VDOT) and appropriated, with state revenue increased accordingly, for 10 the maintenance of roadways within the FY 2017-18 Operating Budget for the 11 Department of Public Works. 12 13 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 14 , 2018. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: • David A. Bradley Dana R. Harmeyer Budget and Management Services City Attorney's Office CA14368 R-1 April 18, 2018 I ug itt :? CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate a Donation from the Tidewater Bicycle Association to Capital Project #4-064, City Bikeways and Trails Plan Implementation II for Installation of Bike Racks MEETING DATE: May 1, 2018 • Background: For over 50 years, the Tidewater Bicycle Association (TBA) has served the local community by sponsoring special events, race teams, charity teams, providing advocacy work, education and safety programs, Through the years, the City of Virginia Beach has partnered with TBA in using TBA grants for installing bike racks, constructing bike trails, and hiring an intern who helped the City promote bicycle advocacy and bicycle safety. Due to waning support for a regional bicycling organization, and difficulty in recruiting able volunteers to fill key positions to run programs, TBA will cease operations in 2018. In accordance with IRS rules for 501(c)(3) charitable organizations such as the TBA, remaining assets must be divested. As a result of previous partnerships with the City, TBA has informed the City that $3,000 will be available for use in its bicycling program. • Considerations: The City will use the $3,000 donation from TBA to install bike racks at the Bayfront in areas running parallel to and north of Shore Drive. This work will not require any additional City costs, and this effort is in conjunction with the City Council goal of improving the transportation system. • Public Information: Normal Council agenda process. • Recommendations: Approval of ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting De! - me Agency: Department of Parks and Recreation City Manage WI% 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 DONATION FROM THE TIDEWATER BICYCLE 3 ASSOCIATION TO CAPITAL PROJECT #4-064, CITY 4 BIKEWAYS AND TRAILS PLAN IMPLEMENTATION II 5 FOR INSTALLATION OF BIKE RACKS 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 A $3,000 donation from Tidewater Bicycle Association is hereby accepted and 11 appropriated, with donation revenue increased accordingly, to CIP #4-064, City 12 Bikeways and Trails Plan Implementation II, for installation of bike racks. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2018. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: a > David A. Bradley Dana R. Harmeyer Budget and Management Services City Attorney's Office CA14367 R-1 April 18, 2018 I ,,,s9-171%,y �,, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Grant Funds from the Virginia Department of Criminal Justice Services to the Police Department for Staff Recruitment MEETING DATE: May 1, 2018 • Background: The Virginia Department of Criminal Justice Services has made additional funds from the Byrne/Justice Assistance Grant available to state and local law enforcement agencies for programs, training, and/or equipment grants. The Police Department received an award of $23,480 in the Law Enforcement Staff category. If approved, this grant will provide additional funds to decrease the gap between female and minority staffing in the Virginia Beach Police Department when compared to the City's general population. The funding from this grant will provide resources for the Police Department to attend recruiting events, purchase items to give to potential applicants, and to advertise on television and radio. These advertisements will notify the public of current hiring opportunities within the Police Department and will encourage female and minority applicants to apply for these opportunities. • Considerations: There is no local match requirement for this grant. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Deme it/Agency: Police Department ' 4-5i City Manager: vi: , 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FROM THE VIRGINIA DEPARTMENT OF 3 CRIMINAL JUSTICE SERVICES TO THE POLICE 4 DEPARTMENT FOR STAFF RECRUITMENT 5 6 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $23,480 from the U.S. Department of Justice Byrne/Justice Assistance Grant 10 (JAG) via the Virginia Department of Criminal Justice Services (DCJS) is hereby accepted 11 and appropriated, with federal revenue increased accordingly, to the Fiscal Year 2017- 12 2018 Police Department Operating Budget for costs related to staff recruitment and for 13 the encouragement of female and minority applicants for hiring opportunities within the 14 Police Department. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Dana Harnleyer Budget and Management Services City Attorney's Office CA14359 R-1 April 16, 2018 K. PLANNING 1. ISHWAR, LLC for a Modification of Conditions re motor vehicle rentals at 5924 Indian River Road (Approved September 19, 2017) DISTRICT 1—CENTERVILLE RECOMMENDATION: APPROVAL 2. DRAGAS ASSOCIATES, INC. ET AL for a Conditional Change of Zoning from R-10 Residential to Conditional A-24 Apartment at the southwest corner of Haygood Road & Wesleyan Drive DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 3. GLASER ENTERPRISES, INC. & GLASER, LLC for a Conditional Use Permit re bulk storage yard at 2584 Horse Pasture Road DISTRICT 3—ROSE HALL RECOMMENDATION: APPROVAL 4. D&S WILLIAMS, INC. & LONDON BRIDGE, LLC for a Conditional Use Permit re automobile repair garage at 113 Pennsylvania Avenue DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 5. BURGER BUSTERS, INC. & BALBOA, LLC for Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code re drive-through restaurant at the northwest corner of Pacific Avenue & 29th Street DISTRICT 6—BEACH RECOMMENDATION: STAFF—APPROVAL PLANNING COMMISSION—DENIAL �a Bic E'er_"> 1°'- fo , e ria (�e 34•°5j +e-4.,, ,ASA J4 L"L4J' 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, May 1, 2018 at 6:00 p.m, at which time the following applications will be heard: DISTRICT 1-CENTERVILLE ISH WAR, LLC Modification of Conditions (Motor Vehicle Rentals) 5924 Indian River Road (GPIN 1456621646) DISTRICT 3-ROSE HALL Glaser Enterprises, Inc./Glaser, LLC Conditional Use Permit (Bulk Storage Yard)2584 Horse Pasture Road(GPIN 1495757662) DISTRICT 4-BAYSIDE D & S Williams, Inc./London Bridge, LLC Conditional Use Permit (Automobile Repair Garage) 113 Pennsylvania Avenue (GPIN 1467849117) /7 DISTRICT 6-BEACH l Burger Busters, Inc./Balboa, LLC /) Alternative Compliance(Sections 2.6& 5.3.8 of the Oceanfront Resort District „VVII Form-Based Code) (GPINs 2428013473, 2428013489, 2428013567) DISTRICT 4-BAYSIDE Dragas Associates, Inc./Eric E. Hawkins,Trustee of the Adams Family Third Party Special Needs Trust,Linda Elkins Hawkins and Nancy V.Hawkins, Thelma H. Riddick, Trustee of the Thelma H.Riddick Trust,Shirley Carter & Justine Briggs, Trustees of the Thelma H. Riddick Trust, Luvenia Ann Washington&Priscilla Yvonne Wooten, Thomas Edward Mandley, Jr., Brenda Diane Kroniess aka Brenda Diane Kroniess and Angela Adams Conditional Change of Zoning (R-10 Residential to Conditional A-24 Apartment) Southwest corner of Haygood Road&Wesleyan Drive (GPINs 1468933513, 1468933635, 1468838767, 1468935988, 1468946067, 1468947150, 1468947112, 1468947038, 1468942088, 1468946191, 1468839984, 1468932910) All interested parties are invited to attend. Amanda Barnes,MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at: htto://www.vbgov.com/oc. For information call 385-4621. 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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/Ail disclosures must be updated two(2)weeks prior to any Page 1 of 7 Vanning Commission and City Council meeting that pertains to the application(s) 13 APPLICANT NOTIFIED OF HEARING DATE / Q NOCHANGESASOFff DATE 4/Iq/I$ JS Jonathan Sanders REVISIONS SUBMITTED DATE ISHWAR, LLC Agenda Item 4 Page 7 Disclosure Statement Virginia Beach ElCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. I Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: ISHWAR, LLC If an LLC, list all member's names: Meena Chaudhary, Manoj Nainwal If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes.' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 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: If an LLC, list the member's names: Page 2 of 7 ISHWAR, LLC Agenda Item 4 Page 8 Disclosure Statement Clt.�J 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 ISH WAR, LLC Agenda Item 4 Page 9 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ " Accounting and/or preparer of your tax return ❑ =; Architect/ Landscape Architect/ Land Planner ❑ `_ Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property(identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents R. L.Galloway Financing (include current Xenith Bank A mortgage holders and lenders /- selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents/Realtors for current and I ' anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 ISHWAR, LLC Agenda Item 4 Page 10 Disclosure Statement Vi ginia Beach. 1 CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is , complete,true,and accurate. ' I I 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 L meeting, or meeting of any public body or committee in connection with this Application. A,L'�?— ►N1 E ENA CP #)4' K I J2`t. 17 1 APPUCANDS SIGNATURE PRINT NAME DATE Page 5 of 7 ISHWAR, LLC Agenda Item 4 Page 11 Item #4 ISHWAR,LLC Modification of Conditions (Motor Vehicle Rentals) 5924 Indian River Road District—Centerville March 14, 2018 CONSENT Mrs. Oliver: Thank you Commissioner Inman. The next matter is agenda item number four. This is an application of ISHWAR, LLC as the applicant and property owner for a Modification of Conditions on property located at 5924 Indian River Road in the Centerville District, is there a representative for this application? Hi,would you come up and state your name please? Vikash Chaudhary: My name is Vikash Chaudhary and we are the owners of this property. We already have a Conditional Use Permit for four parkings for box truck rentals and we are just adding four more. Mrs. Oliver: Great. And are the conditions that are set forth in your application acceptable to you? Vikash Chaudhary: Yes. Mrs.Oliver: Okay,great,thank you very much. Is there any opposition to this matter being placed on the consent agenda,hearing none,the Chairman has asked Commissioner Rucinski to read this into the record please. Mrs. Rucinski: Okay, thank you. As stated this is a Modification of Conditions, the Conditional Use Permit for automobile sales, service and car wash was approved in 1988 for that site, since that time,the site has been developed with the fuel canopy, fuel pumps,the convenience store, and a car wash. In September of 2017, a Conditional Use Permit for Motor Vehicle Rentals for up to four box trucks was approved by City Council. With this submittal of this request,the applicant originally requested 18 box trucks but after discussions with Staff, he has modified that request to eight total box trucks on the site. As depicted on this submitted site layout, the rental trucks will be parked on the west side of the convenience store and next to the car wash building. With the existing operation, the customers will rent the vehicles from spaces within the convenience store and the proposed hours are 8 a.m. to 7 p.m. seven days a week. In Staffs opinion, this use is compatible with the surrounding commercial uses. The number of parking spaces on this site exceed the number of parking spaces that are required by 14,therefore,the display of up to eight box trucks for rent will not impact the ability of both customers and employees to safely access the fuel pumps, the convenience store, or the car wash. A condition is recommended that specifies the location of the eight box trucks in order to limit the visibility from the right-of-way. For all of these reasons, Staff has recommended approval of this application with the conditions listed,which are agreeable by the applicant,therefore,we have placed this item on the Consent Agenda. 1 CONDITIONS The Conditions of the Conditional Use Permit for Motor Vehicle Rentals dated September 19, 2017 are hereby replaced with the following Conditions: 1. There shall be no vehicle repair performed on the site. There shall be no storage of inoperable,wrecked or dismantled vehicles on the site. 2. There shall be no signs placed within the windows or the doors of the rental vehicles. There shall be no pennants,banners, streamers, or portable signs placed on the site or on the vehicles. 3. No more than eight box trucks for the purpose of renting shall be allowed on the site at any one time. Rental trucks shall only be located in the areas on the site that have been designated on the exhibit entitled, "Proposed Site Layout"as depicted on page 5 of this report. Rental trucks shall not be parked in such a way that impedes the internal vehicular circulation of the site. A motion was made by Commissioner Oliver and seconded by Commissioner Horsley to approve item 4. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON ABSENT HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE 2 ter t .': '4 / S. fi' 4 t' 1. t ; \ 0• y F� I. �� \N.,,. Ff „.....„...* 1,40 ri :i \\ \ uott• / ht fl -�"` 5 e4� • .,------ i� • -.4IP-* -�,. -_yam-. ,►4; - 1.):7.-....:---q • IPA ill illi . _, ..7, ‘2,4._ i_.„. / 4 1111111b1Ny . 'GP .-#.. w r I .tee,,,' 4 h .1 N.,* 1 i ..... i -lit 0 \ firll 4111' '''''....:-"---- I 1147 .... . i 1 1 41111114400 \4041414111111*0 i - i , kA.* ..-- c4411il , q or .. ..„..,,,,.::;... , ; 1 , 4%1/4.. ,,,& ,,,... 4,,,;.. , . • " . : • i / - Alf...1110104., N ; r_ rpt J i41,„ /e_„, • : , 41! (1."1 j{f f ;' rsNigh jY (' i1r—_W11 1 j �_- t ■ r itf l '.'";—:---...„2"e '—:-- "� -- 6j r ' I J (1-t-,#111111111111 .I j ..---- .. Iir-i-- ��Q 1... 4 tom.' rt .; r I if 1 z.4 rN*, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DRAGAS ASSOCIATES, INC. [Applicant] ERIC E. HAWKINS, TRUSTEE OF THE ADAMS FAMILY THIRD PARTY SPECIAL NEEDS TRUST, LINDA ELKINS HAWKINS AND NANCY V. HAWKINS, THELMA H. RIDDICK, TRUSTEE OF THE THELMA H. RIDDICK TRUST, SHIRLEY CARTER & JUSTINE BRIGGS, TRUSTEES OF THE THELMA H. RIDDICK TRUST, LUVENIA ANN WASHINGTON & PRISCILLA YVONNE WOOTEN, THOMAS EDWARD MANDLEY, JR., BRENDA DIANE KRONIESS AKA BRENDA DIANE KRONIESS AND ANGELA ADAMS [Owners] Conditional Change of Zoning (R-10 Residential District to Conditional A-24 Apartment District) for the properties located at the southwest corner of Haygood Road & Wesleyan Drive (GPINs 1468933513, 1468933635, 1468838767, 1468935988, 1468946067, 1468947150, 1468947112, 1468947038, 1468942088, 1468946191, 1468839984, 1468932910), COUNCIL DISTRICT — BAYSIDE. MEETING DATE: May 1, 2018 ■ Background: The applicant has assembled 12 vacant parcels, totaling 8.96 acres, for the purpose of creating an 88-unit development within 22 quad buildings. The resulting density will be 9.84 units to the acre, rather than the 24 units per acre permitted under A-24. The request to the A-24 District is driven solely by the lot coverage permitted. Lot coverage in the A-12 and A-18 Districts is limited to 40% and 50% respectively. As proposed, the development will have a lot coverage of approximately 52%, thereby necessitating the rezoning to A-24, which permits a lot coverage of up to 60%. The open space elements include a community pool, a walking path around the stormwater management pond, and significant landscape buffers along the rights- of-way. Vehicular access to the site is proposed via a single point of ingress/egress along of Wesleyan Drive. The number of parking spaces depicted on the concept plan exceeds the minimum required by the Zoning Ordinance. The proffered elevations depict two-story quadraplex structures with vinyl siding exteriors. Dragas Associates, Inc. Page 2 of 2 • Considerations: The applicant met with both Staff and the surrounding community, resulting in adjustments to the original submission. The proposed development will serve as a transition between the higher density developments to west at 14.10 units per acre and the lower density developments to the south and east at three and four units per acre. The proffered concept plan depicts several areas of open space with amenities that will serve the future residents of this neighborhood. 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 application. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De ncy: Planning Department .r-vt.,gelaticki City Manager: Applicant Dragas Associates, Inc., a Virginia corporation Agenda Item Property Owners Eric E.Hawkins,Trustee of the Adams Family Third Party Special Needs Trust, Linda Elkins Hawkins and Nancy V.Hawkins, Thelma H.Riddick,Trustee of D1 NIB the Thelma H. Riddick Trust, Shirley Carter&Justine Briggs,Trustees of the Thelma H. Riddick Trust, Luvenia Ann Washington&Priscilla Yvonne Wooten,Thomas Edward Mandley,Jr., Brenda Diane Kroniess aka Brenda Diane Kroniess and Angela Adams Virginia Beach Public Hearing April 11, 2018 (Previously deferred on March 14, 2018) City Council Election District Bayside Request `N,4,.4' •.. l ; - , r■ ' . .,.1 i k.-'Conditional Rezoning (R-10 Residential to "''o,''' - Conditional A-24 Apartment) �'O,.w i s' • 4: ,,i I p I°C` 4i Staff Recommendation o 8 �,," Y1 t a"f [MOO tare G ids �'"�o 54-- Approval Approval s wr.br,noru. "x F .R r 41o, f4.44 } i..v.aceurt pia •/ .s." .00 .s Staff Planner a "° °``� .4 I" zr�*' s,�r a NA c.Jimmy McNamara 1 a 0" I,��M♦+ih y� Location leA if If v"' Southwest corner of the intersection of Haygood t.0* & s Road&Wesleyan Drive y ' f. 6 $ s ` GPINs ,f ..� f i� , �� ' Ii. i 1 1468933513,1468933635,1468838767, 4';„ o "`„,,, a `P y `*� • 1 1468935988,1468946067,1468947150, i0,Moclor.444 1468947112,1468947038,1468942088, '.T "`"° 1468946191,1468839984,1468932910 Site Size 8.96 acres AICUZ Less than 65 dB DNL Watershed - 1 , -.1.)A.- �- ,�;.. �y j Chesapeake Bay -. `'.;, y et t .rh'v/ �"of • �.,z ` "! • Existing Land Use and Zoning District ; p`'` ~. C,* ,4 '\1; .... _ .‘,..-,,A,` . Vacant,single-family dwelling/R-10 Residential •,O. , rt " ''- Surrounding Land Uses and Zoning Districts ,"= ; �eF• ,k, V North f,,j/'`�• , . o�,F>^t Wesleyan Drive • Multi-family dwellings,Bayside High School/ ..•• ,, t'o,, ,, c Conditional A-12 Apartment,R-10 Residential v, ''sr, %,* ► South t 1-i.-:-.±:i h'_' /o Single-family dwellings/R-10 Residential • . .' Y.,.7.- Single-family f ^c East 1 ^^ ,.. `�' . '4 _ � `'' • Haygood Road ,. ,:. � � ,` � Single-family dwellings/R-7.5Residential �' .i.!---,•,/^.... %. , :- West -. . R. ". ..,, --. Creek Multi-family dwellings/Conditional A-18 Apartment Dragas Associates, Inc.,a Virginia Corporation Agenda Item D1 Page 1 Background and Summary of Proposal • This application was previously deferred at the March 14, 2018 Planning Commission public hearing to provide additional time for the applicant to consider the points of ingress and egress. As a result of public outreach, the revised plan depicts the proposed entrance along Wesleyan Drive, rather than Haygood Road as originally proposed. • The applicant has worked to assemble 12 vacant parcels, totaling 8.96 acres, in order to develop the site with 88 dwelling units within 22 quad buildings under a condominium form of ownership. While a rezoning to Conditional A-24 Apartment District is requested, the resulting density will only be 9.84 units to the acre. The request to the A-24 district is driven by the amount of lot coverage permitted. For example, in the A-12 and A-18 districts, lot coverage is limited to 40% and 50% respectively. As depicted, the anticipated lot coverage will be 52%,thereby necessitating the rezoning to A-24, which permits a lot coverage of up to 60%. • The development features a community pool and a pond surrounded by a walking path. Access to the site is proposed as a single point of ingress/egress off of Wesleyan Drive. • A two to three foot high, undulating berm with multi-layer ornamental plantings and a hedgerow is proposed along both Wesleyan Drive and Haygood Road. The required 10-foot vegetated buffer adjacent to the existing single-family dwellings is proposed with ornamental flowering trees. • The applicant states that 36% of the site will be open space,which includes the landscape buffer areas,two active open space areas and the community pond. • The 188 parking spaces on the concept plan exceeds the minimum 167 parking spaces, as required by the Zoning Ordinance. • The proposed quad buildings are two-story with vinyl exteriors. Separate entrances and patios are proposed for each dwelling unit. A' 2* .5 4 A-�e• j •//�'�I/II/�If''�''��, Zoning History / .. # Request 01.1t.Aki,// II `� 'Z•i 5, 1 CRZ(B-2 A-12 R-2.5 R-10&R-15 to Conditional R-5D, ,:,/j/`� ��' A-12&A-18)Approved l0/12/2004 • •, � /�L-1-1 IPA** ipr4 � '417//4�'���,j 2 CUP CommunicationsTower Approved 03/10/1998 f. ;moi LIOA;41r•ir 4A 44 '� 410 7.S of R-7 4 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance RQ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Dragas Associates, Inc.,a Virginia Corporation Agenda Item D1 Page 2 Evaluation and Recommendation The proposed rezoning to A-24 Apartment District to develop the site with up to 88 dwelling units (9.84 units to the acre) is, in Staff's view, an acceptable redevelopment of these properties. The existing multi-family development immediately to the west of the site has a residential density of 14.1 units to the acre,while the existing single-family neighborhoods to the south and east of the site have densities of between three to four units to the acre. As such, the proposed site will serve as a transition between the higher density developments to the west and the lower density developments to the south and east. The proposed Concept Plan depicts several areas of open space and amenities that will serve the future residents of this neighborhood. The depicted landscape buffers along the perimeter of the site exceed the minimum requirement, and in Staff's opinion, will create an aesthetically pleasing environment while also screening the site from the rights-of-way. Staff recommends approval of the request subject to 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: When the Property is developed, it shall be as a residential condominium community, substantially in accordance with the "HAWKINS MILL Conceptual Site Plan September 22, 2017", 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 feature a heavily landscaped streetscape frontage on Haygood Road and Wesleyan Drive, a monument style community identification sign, community center, pool and cabana, a community water feature with aerated fountains, and vegetated buffers adjacent to abutting properties as depicted and described on the Concept Plan. Proffer 3: The total number of dwelling units permitted on the Property shall not exceed eighty-eight (88) and the total number of residential buildings shall not exceed twenty-two (22). Each dwelling unit shall contain a minimum of one thousand six hundred (1,600) square feet of living area. Proffer 4: The architectural design and exterior building materials of the residential buildings will be substantially as depicted and described on the Hawkins Mill "Architectural Elevation Luxury Vilas" dated September 22, 2017, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "Elevations"). Dragas Associates, Inc.,a Virginia Corporation Agenda Item D1 Page 3 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 all open spaces, common areas, amenities, 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. Proffer 6: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: The proposed proffers are acceptable and provide confidence that the site will be developed as depicted in terms of layout, density and architectural quality. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code,including those administered by the Department of Planning/DevelopmentServices Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. 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. 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 Wesleyan Drive 17,400 ADT 1 14,800 ADT 1(LOS°"C") 22,800 ADT 1(LOS 4"D") Existing Land Use 2—270 ADT Haygood Road 2,000 ADT 1 6,200 ADT (LOS 4"C") Proposed Land Use 3-511 ADT 9,900 ADT 1(LOS 4"D") 1AverageDaily Trips zasdefined by8.96acres of 3 a s defined by 88 condominiums 4 LOS=Level of Service R-10 zoned property Dragas Associates, Inc.,a Virginia Corporation Agenda Item D1 Page 4 Public Utility Impacts Water This site must connect to City water. There is an existing 10-inch City water main along Haygood Road. Sewer This site must connect to City sewer. There is an existing eight-inch City sanitary sewer gravity main along Haygood Road and an existing 14-inch City sanitary sewer force main along Haygood Road. It must be verified that the sanitary sewer collection system has adequate capacity to serve this development. School Impacts School Current Enrollment Capacity Generation 1 Change 2 Luxford Elementary 514 548 9 2 Bayside Middle 1,109 1,363 4 0 Bayside High 1,868 1,827 4 -1 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 existingzoningandthe number generated under the proposed zoning. The number can be positive(additionalstudents)ornegative(fewer students). Dragas Associates, Inc.,a Virginia Corporation Agenda Item D1 Page 5 Proposed Site Layout tot j .+r ♦ tt \ O6 r ,. ,:, \ (j 6y -'',.Th NLp i •` � "' .. tes /4114 %s/y\ �- 1 . �' / Vii. l \y .\ .�• -:'� edhe • fes'.f `' l• .r a O _ L S © Il O �• . � cn N rp co .i.` .40,-40 .fl rte, r"9 `\ NI. • u-♦ A 0-,, •,f'_erg i�, a \. 4,-.; c -, .D m *-4V -- R Q T O V C C C 0 C is pQ e m `- ...4 c 0,3 i o 2 o -a, E.Oa, c c o a a n E - r o o a a, L o N O C c q C a tLo 3 V7! Q T -N O t L S] L - •• L F-1 o N „ a v = ao c Ln e 01 O. a - ..i.,- a aa, ;: c 3 v - g a i--I v = v C C e 7 V 'c o c not u s o E > v E. "0 E R o e Y a c N A 3 (-. E0 = =o v E c E v ID hi E m E X Y g v vai O.L C 4 T m OV ... t R 3 " C ✓ tu q `a ` a C a ° o o v o E Eo TT 1 m w Cl- O � EE aYc Qs Qtoa o v .-vn 0 O 0. <a at V'1 a` a` — J 0 00000 O Dragas Associates, Inc.,a Virginia Corporation Agenda Item D1 Page 6 Proposed Elevations 3�4 a, Eli 1/1011111'i1ji, r • f s 4 k , . l , n , n. 4P; ,.111- il inf i:, 1 rt ;;; l'441;•4.4--1.0..::-:44$4,14v.**(*::' n 4 I �" S.; :17, '.41741;j44414t 112 ; - '- '. -t ,.$.c.,,,,,?„-:„. ,,, # + , it: t', I+ itro r o Dragas Associates, Inc.,a VirginiaCorporation1 Item D Page 7 Site Photos a'as, - _ _ ! trr • ;iy G..r moi,.;. ! .7 .'( T y iy/ Dragas Associates, Inc.,a Virginia Corporation Agenda Item D1 Page 8 Disclosure Statement Virginia Beach APPLICANT'S NAME Dragas Associates, Inc. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property ' Disposition of City Modification of by City Property Conditions or Proffers Alternative , Economic Development Compliance,Special Investment Program Nonconforming Use Exce•tion for ! (EDI P) Changes Board of Zoning Encroachment Request Rezoning A• •eats Certificate of Floodplain Variance Appropriateness — V- Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • ► The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • ► SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 ,annin commission and Cit, Council meetin that;,ertalns to the ai,.Ifcation(s). APPLICANT NOTIFIED OF HEARING DATE: © NO CHANGES AS OF i DATE: L#1((41 g Jimmy McNamara REVISIONS SUBMITTED DATE: Dragas Associates, Inc.,a Virginia Corporation Agenda Item D1 Page 9 Disclosure Statement 113 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:Dragas Associates, Inc. If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Helen E. Dragas, President/CEO/Chairman; Robert C. Makin, CPA,Treasurer; Joyce B.Witt, Secretary (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 s-- SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ® Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:Eric E. Hawkins,Trustee of the Adams Family Third Party Special If an LLC, list the member's Needs Trust under Agreement dtd Oct.4.2013 names: Page 2 of 7 Dragas Associates, Inc.,a Virginia Corporation Agenda Item D1 Page 10 Disclosure Statement APPLICANT Virginia Beach YES J I NO I SERVICE PROVIDER(use additional sheets if needed) X I I Accounting and/or preparer of Dragas Management Corporation your tax return I^ Architect/Landscape Architect/ Thomas Steele Land Planner Contract Purchaser(if other than X the 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) X Construction Contractors Dragas Management Corporation Engineers/Surveyors/Agents The Pinnacle Group Engineering Financing (include current X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X r] Legal Services Sykes,Bourdon,Ahern&Levy.P C Real Estate Brokers/ Dragas Realty,Inc. fu Agents/Realtors for current and I anticipated future sales of the sub'ect •ro.e —s SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development 15<1 an 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 Dragas Associates, Inc.,a Virginia Corporation Agenda Item D1 Page 11 Disclosure Statement 64d 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. — IiDragas iotas,Inc. By: ,•C. �^f Helen E. Dragas President I/o•3f.i� A .ANT'S SIGNATURE �( \� PRINT NAME DATE Page S of 7 Dragas Associates, Inc.,a Virginia Corporation Agenda Item D1 Page 12 Disclosure Statement ri OWNER Virginia Beach I YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of your tax return C - Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Fl © the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed 7 purchaser of the subject property 1 (identify purchaser(s)and purchaser's service providers) Construction Contractors X Engineers/Surveyors/Agents Financing (include current X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I57 • Legal Services Shepelle Watkins Wnite,Esq. Real Estate Brokers/ 1-1 Agents/Realtors for current and anticipated future sales of the sub'ect .ro.ert • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 0 an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Dragas Associates, Inc.,a Virginia Corporation Agenda Item D1 Page 13 Disclosure Statement • • • • Virginia Beat}}, 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 meting of any public body or committee In connection with this A•• dtion. Eric E. Hawkins,Trustee P:4o •WNER=S-5 NATURE PRINT NAME DATE rid&.I170I Page 7 of 7 Dragas Associates, Inc.,a Virginia Corporation Agenda Item D1 Page 14 Disclosure Statement Virginia Beach Check here if the APPLICANT is NOT a corporation, partnership, firm, business,or other unincorporated organization. ECheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Dragas Associates, Inc. If an LLC,list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Helen E. Dragas, President/CEO/Chairman; Robert C.Makin,CPA,Treasurer; Joyce B.Witt, Secretary (B) List the businesses that have a parent-subsidiary l or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. 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:Linda Elkins Hawkins and If an LLC, list the member's Nancy V.Hawkins names: Page 2 of 7 Dragas Associates, Inc.,a Virginia Corporation Agenda Item D1 Page 15 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) a © Accounting and/or preparer of your tax return • ❑^ Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Elthe Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaer of the subject property (identifyspurchaser(s)and purchaser's service providers) E ® Construction Contractors ZEngineers/Surveyors/Agents Financing (include current ❑ ® mortgage l selected orhobeingders consideredandlenders to provide financing for acquisition or construction of the property) 111 Legal Services Shepelle Watkins White.Esq 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 ❑ m 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 Dragas Associates, Inc.,a Virginia Corporation Agenda Item D1 Page 16 Disclosure Statement CA.gr 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. /; ���� Linda Elkins Hawkins 19 RTYOWNER'S51G TOREPRINT NAME Nancy V.Hawkins ///.2¢//c'' Page 7 of 7 Dragas Associates, Inc.,a Virginia Corporation Agenda Item D1 Page 17 Disclosure Statement \irginiaBea t Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. 7 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Dragas Associates, Inc. If an LLC, list all member's names: If a CORPORATION, list the the names of all officers,directors, members, trustees, etc. below: (Attach list if necessary) Helen E. Dragas, President/CEO/Chairman; Robert C. Makin, CPA, Treasurer; Joyce B.Witt, Secretary (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotest and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property_owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. nCheck 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:Thelma H. Riddick, Shirley Carter&Justine Briggs,Trustees of The If an LLC, list the member's Thelma H.Riddick Trust dated May 21,2008 names: Page 2 of 7 Dragas Associates, Inc.,a Virginia Corporation Agenda Item D1 Page 18 Disclosure Statement u\B OWNER Virginia Beach YES I NO SERVICE PROVIDER(use additional sheets if needed) O ® Accounting and/or preparer of your tax return El / Architect/Landscape Architect/ ratLand 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) O El Construction Contractors ❑ N Engineers/Surveyors/Agents Financing(include current ❑ Z mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 4 Li Legal Services Shepelle Watkins White,Esq. Real Estate Brokers / El --r Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ 0 an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Dragas Associates, Inc.,a Virginia Corporation Agenda Item D1 Page 19 Disclosure Statement 113 Virgtnia Beech CERTIFICATION: I I certify that all of the Information contained In this Disclosure Statement Form Is complete,true,and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting. or meeting of any public body or committee In connection with this A..lication. /4j ic f Thelma H.Riddick,Trustee PRO RP/OWNER'S SIGNATURE PRINT NAME DATE Page 7of7 Dragas Associates, Inc.,a Virginia Corporation Agenda Item D1 Page 20 Disclosure Statement Virginin Beach n 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: Dragas Associates, Inc. If an LLC, list all member's names: If a CORPORAl ION, list the the names of all officers, directors, members, trustees, etc.below: (Attach list if necessary) Helen E. Dragas, President/CEO/Chairman; Robert C. Makin, CPA,Treasurer; Joyce B.Witt, Secretary (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for Information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only If property owner is different from Applicant. X 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:Brenda Diane Kroniess(a/k/a Brenda Diane Knoniess) If an LLC,list the member's and Angela Adams names: Page 2 of 7 Dragas Associates, Inc.,a Virginia Corporation Agenda Item D1 Page 21 Disclosure Statement \113 OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) D 4 i Accounting and/or preparer of your tax return 1-1 © Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than ® the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed I/� El Imo/ purchaser of the subject property El I (identify purchasers)and purchaser's service providers) �XI Construction Contractors nEngineers/Surveyors/Agents Financing (include current C mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I I Legal Services Shepelle Watkins White,Esq. Real Estate Brokers/ lu Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have Z an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Dragas Associates, Inc.,a Virginia Corporation Agenda Item D1 Page 22 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. s.44c �;� 1 Brenda Diane Kroniess /a/`5.)'r PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Angela Adams Page 7 of 7 Dragas Associates, Inc.,a Virginia Corporation Agenda Item D1 Page 23 Disclosure Statement ,B�.d 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 Diane Kroniess PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Angela Adams Page 7 of 7 Dragas Associates, Inc.,a Virginia Corporation Agenda Item D1 Page 24 Disclosure Statement \fi3 Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. UCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Dragas Associates, Inc. If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Helen E. Dragas, President/CEO/Chairman;Robert C. Makin, CPA,Treasurer; Joyce B.Witt, Secretary (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotest and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. AA Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization,AND THEN complete the following. (A) List the Property Owner's name:Luvenia Ann Washington and Priscilla Yvonne Wooten If an LLC, list the member's names: Page 2 of 7 Dragas Associates, Inc.,a Virginia Corporation Agenda Item DI. Page 25 Disclosure Statement Ah3 OWNER Virginia Beach YES NOi SERVICE PROVIDER(use additional sheets If needed) CAccounting and/or preparer of f/\I your tax return CX I Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than (XI the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed f� Ill purchaser of the subject property ` I I/VI (identify purchaser(s)and purchaser's service providers) [Xi Construction Contractors I I 1X1 _Engineers/Surveyors/Agents I I Financing (include current 1=1mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X Legal Services Shepelle Watkins White,Esq. Real Estate Brokers/ Irl Agents/Realtors for current and LJ anticipated future sales of the subject property_ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Dragas Associates, Inc.,a Virginia Corporation Agenda Item D1 Page 26 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 pTblic 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. (L Luvenia Ann Washington ,_�'10 PROPERTY OWNER'S SIGNATURE PRINT NAME __ DATE titt,DU1.1 G,Ir J,rmnt - "1 Priscilla Yvonne Wooten y-3-18 Page 7 of 7 Dragas Associates, Inc.,a Virginia Corporation Agenda Item D1 Page 27 Disclosure Statement A/13 Virginia Beach 0 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:Dragas Associates, Inc. If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Helen E. Dragas, President/CEO/Chairman; Robert C. Makin,CPA,Treasurer; Joyce B.Witt, Secretary (6) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. X Check here if the PROPERTY OWNER LS 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:Thomas Edward Mandley,Jr. If an LLC, list the member's names: Page 2 of 7 Dragas Associates, Inc.,a Virginia Corporation Agenda Item D1 Page 28 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ ® Accounting and/or preparer of your tax return El ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Ell ® 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) CZ Construction Contractors • r<1 Engineers/Surveyors/Agents Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ El Legal Services Shepelle Watkins White,Esq Real Estate Brokers/ Vi Agents/Realtors for current and • I� anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ D an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Dragas Associates, Inc.,a Virginia Corporation Agenda Item D1 Page 29 Disclosure Statement Virginia Beach CERTIFICATION -- — — rt I certify that all of the Information contained In this Disclosure Statement Form is I� complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. • Thomas Edward Mandley,Jr. OPERTY OWNER'S SIGNATURE Pftj 3'NAME DATE :ircN.*Sd � Tf�ukES !- Page 7of7 Dragas Associates, Inc.,a Virginia Corporation Agenda Item D1 Page 30 Item#DI Dragas Associates,Inc. [Applicant] Conditional Change of Zoning(R-10 Residential to Conditional A-24 Apartment) Southwest corner of Haygood Road &Wesleyan Drive District—Bayside April 11, 2018 CONSENT Cole Fisher: Alright, the next item is agenda item number D1, this is an application for Dragas Associates Inc. for a conditional change of zoning, R-10 residential to conditional A-24 apartment on property located the Southwest corner of Haygood Road and Wesleyan drive and this is in the Bayside District. Good afternoon. Mr. Bourdon: Good afternoon Mr. Hodgson, madam chair, commission for the record Eddie Bourdon, Virginia Beach attorney, we greattly appreciate all the hard work from city staff on this application as well as the civic leagues in the area with whom my clients have met and spent considerable time with and appreciate being on the consent agenda. Mr. Hodgson: Thank you. Mr. Bourdon: Thank you. Mr. Hodgson: Is there any opposition to this matter being on the consent agenda? Hearing none, Ms. Oliver has asked Mr. Dave Redmond to please review this application. Mr. Redmond: Thank you Mr. Hodgson. Mrs. Chairman this is an assemblage of 12 vacant parcels, totaling almost 9 acres in a neck of the woods with which anybody around that will be familiar with these properties and this part of the city has enjoyed, I think quite a bit of momentum in the last 10-15 years and I think this is a continuation of it. This is a rezoning to A-24 apartment district for the development of 88 units in 22 quad buildings in the condominium form of ownership, so ownership product not a rental product, while the rezoning to conditional A-24 apartment district is requested resulting density will only be 9.84 units to the acre, the request for A-24 is driven by the amount of lot coverage permitted. For example, in the A-12 and A-18 districts lot coverage is limited to 40% and 50% respectively, but as depicted the anticipated lot coverage share will be 52% thereby necessitating the rezoning to A-24 which permits the higher lot coverage of 60%. This development has number of amenities, community pool, pond, walking path, and a particular note at least to my eye is very intense landscaping and if you are familiar with the applicant's work,just up the street I think you can expect some of the highest quality landscaping in the city very frankly. I believe this would be a great asset and a fine community when it's done, we are unaware of any opposition to the application, staff supports and the commission concurs. 1 Mr. Hodgson: Thank you Mr. Redmond. Ms. Oliver that was the last item on the consent agenda, I would like to move to approve agenda items 6, 9, and D1. Mr. Horsley: Second. Ms. Oliver: Okay, we have a second on that, thank you. Cole Fisher: By the vote of 9 to 0,the agenda items 6, 9, and DI have been approved by consent. Ms. Oliver: Alright, before you all depart, I just would like to thank the applicants that all had a matter on the consent agenda; thank you for coming down today for today's hearing and have a good day. Thank you. AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON ABSENT WALL ABSENT WEINER AYE 2 ,....A.t.m.BEiti, 4_, ...1Gv ..........,itt„ssie_ O �4,: 401:: _, „ 1:, I _ - ya CITY OF VIRGINIA BEACH * .t ---/:-/ * INTER-OFFICE CORRESPONDENCE V, r 4-, r,'' S d OF OUR woo' In Reply Refer To Our File No. DF-10039 DATE: April 17, 2018 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Dragas Associates, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on May 1, 2018. I have reviewed the subject proffer agreement, dated November 21, 2017 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom ERIC E. HAWKINS,Trustee of the Adams Family Third Party Special Needs Trust LINDA ELKINS HAWKINS and NANCY V. HAWKINS THELMA H. RIDDICK,Trustee of the Thelma H. Riddick Trust dated May 21, 2008 BRENDA DIANE KRONIESS (a/k/a BRENDA DIANE KNONIESS) and ANGELA ADAMS LUVENIA ANN WASHINGTON and PRISCILLA WOOTEN THOMAS EDWARD MANDLEY,JR. DRAGAS ASSOCIATES, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 21st day of November, 2017, by and between ERIC E. HAWKNS,Trustee of the Adams Family Third Party Special Needs Trust, Grantor,party of the first part; LINDA ELKINS HAWKINS and NANCY V. HAWKINS, Grantors, parties of the second part; THELMA H. RIDDICK, TRUSTEE OF THE THELMA H. RIDDICK TRUST, dated May 21, 2008, Grantor, party of the third part; BRENDA DIANE KRONIESS (a/k/a BRENDA DIANE KNONIESS)and ANGELA ADAMS,Grantors,parties of the fourth part; LUVENIA ANN WASHINGTON and PRISCILLA WOOTEN, Grantors, parties of the fifth part; THOMAS EDWARD MANDLEY, JR., Grantor, party of the sixth part; DRAGAS ASSOCIATES, INC., a Virginia corporation, Grantor,party of the seventh part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the eighth part. GPIN: 1468-93-3513-0000 1468-93-3635-0000 1468-83-8767-0000 1468-93-5988-0000 1468-94-6067-0000 1468-94-7150-0000 1468-94-7112-0000 1468-94-7038-0000 1468-94-2088-0000 1468-94-6191-0000 1468-83-9984-0000 1468-93-2910-0000 Prepared by: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 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 158,357 square feet designated as Parcels 1, 2 and 3 in Exhibit "A" attached hereto and 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 second part are the owners of five (5) parcels of property located in the Bayside District of the City of Virginia Beach,Virginia, containing approximately 46,274 square feet designated as Parcels 4, 5, 6, 7 and 8 in Exhibit "A" attached hereto and incorporated herein by this reference. Parcels 4, 5, 6, 7 and 8, 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 third part is the owner of a certain parcel of property located in the Bayside District of the City of Virginia Beach, Virginia, containing approximately 32,274 square feet designated as Parcel 9 in Exhibit"A"attached hereto and incorporated herein by this reference. Parcel 9, 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 fourth part are the owners of a certain parcel of property located in the Bayside District of the City of Virginia Beach, Virginia, containing approximately 96o square feet designated as Parcel to in Exhibit "A"attached hereto and incorporated herein by this reference. Parcel 10, 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 fifth part are the owners of a certain parcel of property located in the Bayside District of the City of Virginia Beach,Virginia, containing approximately 109,664 square feet designated as Parcel 11 in Exhibit "A" attached hereto and incorporated herein by this reference. Parcel 11, 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 sixth part is the owner of a certain parcel of property located in the Bayside District of the City of Virginia Beach, Virginia, containing approximately 42,859 square feet designated as Parcel 12 in Exhibit "A" attached hereto and incorporated herein by this reference. Parcel 12,along with the other pieces and parcels described herein and in Exhibit "A"are hereinafter collectively referred to as the"Property"; and 2 WHEREAS, the party of the seventh part as the contract purchaser of the assembled Property containing approximately 8.96 acres has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-io Residential District to Conditional A-24 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 Grantors collectively acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses,certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors'rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the A-24 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid 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 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 community, substantially in accordance with the "HAWKINS MILL Conceptual Site Plan 3 September 22, 2017", 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 feature a heavily landscaped streetscape frontage on Haygood Road and Wesleyan Drive, a monument style community identification sign, community center, pool and cabana, a community water feature with aerated fountains, and vegetated buffers adjacent to abutting properties as depicted and described on the Concept Plan. 3. The total number of dwelling units permitted on the Property shall not exceed eighty-eight(88)and the total number of residential buildings shall not exceed twenty-two(22). Each dwelling unit shall contain a minimum of one thousand six hundred(1,600)square feet of living area. 4. The architectural design and exterior building materials of the residential buildings will be substantially as depicted and described on the Hawkins Mill "Architectural Elevation Luxury Vilas" dated September 22, 2017, which has 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 Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, amenities,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. 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 4 the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach,Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2)' The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of 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: The A.. -: ily Third Pa Special Needs Trust L • B . .41f/ / :1/1 " 4 ,J (SEAT,) gr .Hawkins,T ► tee STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this I0-1-1" day of lois, by Eric E. Hawkins, Trustee of the Adams Family Third Party Special Needst, Grantor. `I i '-kaL.QoAel Notary Public My Commission Expires: 4 13o t 5 E..E NA w Notary Registration Number: -585533 ;'��P. �s Q, ' NOTARY ''., .L IF 11. Q ; PUBLIC to = i REG.#7585583 •• 9 MY COMMISSION i p '•, E,�XIPIIR,EIS 2 6 WITNESS the following signature and seal: Grantor: / , Jr.! (SEAL) Linda Elkins Hawkins STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this,207'd day of jnarmii 2016,by Linda Elkins Hawkins,Grantor. ,,,,,iuu'Notky Public ‘,00 sss ........ Q> rR'YECGNOPO#BMIR5Y5IO 83N�°9 =My Commission Expires: '+[ ot(g ' . O Notary Registration Number:1555583^ s. O ; E PIRES 11111, •IN „',,, L TH OF ,,,, �,,...uuu....`"�. 7 WITNESS the following signature and seal: Grantor: (SEAL) Nancy. Hawkins STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this bbd day of 2018,by Nancy V. Hawkins,Grantor. ' l2 Notary Public i My Commission Expires: 413oll ti p Notary Registration Number: IS8;gg6 =�P NOTARY G V 31 58 5. : ; RE • EX BES 2 - 0 • ,�O.• ,• tom Jae'` 8 WITNESS the following signature and seal: Grantor: The Thelma Hawkins Riddick Trust �o ,d Cott cc ADA_ (SEAL) Thelma H.Riddick,Trustee STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 2171 day of , 2012 by Thelma H.Riddick,Trustee of the Thelma Hawkins Riddick Trust,Grantor. 6Y)Alat.ajliAlla --- Notary Public My Commission Expires: 41-31iS /' .ENA �',,,, Notary Registration Number: 4555P a, . NOTARY '•. �,'- Q . PUBLIC �,"s E REG #75855" MY COMMISSION; O '•. E P 2 ` ',"V EA �H, ,,,%"" 9 WITNESS the following signature and seal: Grantor: C--slh"/CMA ..1107 (SEAL) Brenda Diane Kromes_ a/k/a Brenda Diane Knoniess STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 47'4 day o f'e gE-,e, 2017,by Brenda Diane Kroniess a/k/a Brenda Diane Knoniess41, , , Grantor. """Iii,/ _,. ,. _ . / - meafkook,,,,,,„, , ir Notary Public `�% �G•.••• . •1•. , My Commission Expires: //I-5,P0/0/? Z so (t- °Tim) ' M yD Notary Registration Number: i' ( —*I, .®.! C") ; BIG : Q • '''l��EALTH il���```� iit 10 WITNESS the following signature and seal: Grantor: TILL.%i/i _ Au-.Ai_! (SEAL) An -la Adams STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this l 0t1 day ofnuaru.1 2015,by Angela Adams,Grantor. J Nopwitlitatiji,c My Commission Expires: Lt��(ta ELENq wo Notary Registration Number: �-5855a'.S NOTARY _Q. PUBLIC � REG #7585583 p 1.n MY COMMISSION' O EE F .' ,W .,,,, AL„",..0 11 WITNESS the following signature and seal: Grantor: c71-f/A .vC (SEAL) Luvenia Ann Washington STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 20161 day of j , ant by Luvenia Ann Washington,Grantor. )) Notary Public My Commission Expires: I-}`30`152 E E Nq Notary Registration Number: R-S R 559 '' NOTARY � PUBLIC •▪ mom▪ : REG #7585583 77 0 n :MY COMMISSION: ,,,, � ALTH OF � "iuuuuuf,a, 12 WITNESS the following signature and seal: Grantor: 4.P l/V (SEAL-) Priscilla Wooten STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this_,311;( day ofT 201V,by Priscilla Wooten,Grantor. ' AUDDiAtt-410 , Nota, ,11J1ic I ``���.•`P ELENA 4t '•.,'. My Commission Expires: � t , :. ....yo 1 , Notary Registration Number: 1-56583 =2 NOTARY 2 . PUBLIC • REG.#7585583 /3 n :MY COMMISSION• EXPIRES :•2 4•h;•.. • .. 13 WITNESS the following signature and seal: Grantor: SEAL) Thomas Edward Mani ey,Jr. STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this Clay of .Zei by Thomas Edward Mandley,Jr.,Grantor. ds4Zo/ Notary Pus4.: _ __ My Commission Expires: -S1.9( 2021 Notary Registration Number: '"1 S 41S-60 JORGE A SANTIAGO NOTARY PUBUC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES MAY 31,2021 COMMISSION#7549560 14 WITNESS the following signature and seal: Grantor: Dragas Associates,Inc., a Virginia corporation By: Oma`_' /) ,,e i, * (SEAL) Helen E. Dragas, 'resi. STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: � The foregoing instrument was acknowledged before me this -i —day of /V 0 Pc '/d&7L , 2017, by Helen E. Dragas, President of Dragas Associates, Inc., atVivgitiat,e, corporation,Grantor. ``♦�♦G B R 06111 ,�- ,i • G. No, �••.•� �,o Notary Public =0 f O . . w i/ 3o 4-o/y • 44/8 LIG My Commission Expires: • Q Notary Registration Number: / 1?"��� / �004yA •; ��o�� 15 EXHIBIT "A" LEGAL DESCRIPTION Parcel One(GPIN: 1468-93-3513-0000) All that certain lot, piece or parcel of land in Bayside Magisterial District of Princess Anne County,Virginia Beach,Virginia, and designated as Lot No. One(1)on that certain plat entitled, "Subdivision of Property of Meekins Hawkins Estate", located in Bayside, formerly Princess Anne County,Virginia,dated March 1959,and made by W.B.Gallup,County Surveyor,reference to which is hereby made for a more particular description of the property hereby conveyed, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 52, at Page 14. Parcel Two (GPIN: 1468-93-3635-0000) All that certain lot, piece or parcel of land, in the Bayside Magisterial District of the City of Virginia Beach, formerly Princess Anne County,Virginia, and designated as Lot No.Two(2) on a certain plat entitled, "Subdivision of Property of Meekins Hawkins Estate",located in Bayside, Virginia Beach,(formerly Princess Anne County),Virginia,dated March 1959,and made by W.B. Gallup, County Surveyor, reference to which is hereby made for a more particular description of the property hereby conveyed,which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Map Book 52, at Page 14. Parcel Three (GPIN: 1468-83-8767-0000) All that certain lot, piece or parcel of land, in the Bayside Magisterial District of the City of Virginia Beach, formerly Princess Anne County, Virginia, and designated as Lot No. Fourteen (14) on a certain plat entitled, "Subdivision of Property of Meekins Hawkins Estate", located in Bayside, Virginia Beach, (formerly Princess Anne County), Virginia, dated March 1959, and made by W.B. Gallup, County Surveyor, reference to which is hereby made for a more particular description of the property hereby conveyed, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Map Book 52, at Page 14. Parcel Four (GPIN: 1468-93-5988-0000) All that certain lot piece or parcel of land in the Bayside District of the City of Virginia Beach, Virginia,designated as lot 6 on that plat entitled, "SUBDIVISION OF PROPERTY OF MEEKINS HAWKINS EST. LOCATED IN BAYSIDE", formerly Princess Anne County, Virginia, dated March 1959,which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Map Book 52, at Page 14. LESS AND EXCEPT that part of the northwest corner of lot 6 acquired by the Commonwealth of Virginia by"Certificate"dated May 21, 1985 as recorded in the above referenced Clerk's Office in Deed Book 2417, at Pages 1026 through 1029 and by ORDER recorded in Deed Book 2738, at Page 288. 16 Parcel Five (GPIN: 1468-94-6067-0000) All that certain lot piece or parcel of land in the Bayside District of the City of Virginia Beach, Virginia,designated as lot 8 on that plat entitled,"SUBDIVISION OF PROPERTY OF MEEKINS HAWKINS EST. LOCATED IN BAYSIDE", formerly Princess Anne County, Virginia, dated March 1959,which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Map Book 52, at Page 14. LESS AND EXCEPT that part of lot 8 acquired by the Commonwealth of Virginia by"Certificate" dated May 21, 1985 as recorded in the above referenced Clerk's Office in Deed Book 2417, at Pages 1026 through 1029 and by ORDER recorded in Deed Book 2738, at Page 288; and LESS AND EXCEPT that portion of lot 8 conveyed to the SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH by Deed dated April 18, 1994 as recorded in the above referenced Clerk's Office in Deed Book 3388, at Page 1040. Parcel Six (GPIN: 1468-94-7150-0000) All that certain piece or portion of a parcel of land in the Bayside District of the City of Virginia Beach,Virginia located south and east of Wesleyan Drive at its intersection with Haygood Road being the remaining portion of lot 9 as designated and depicted on that plat entitled, "SUBDIVISION OF PROPERTY OF MEEKINS HAWKINS EST. LOCATED IN BAYSIDE", formerly Princess Anne County,Virginia,dated March 1959,which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Map Book 52, at Page 14. LESS AND EXCEPT that part of lot 9 acquired by the Commonwealth of Virginia by"Certificate" dated May 21, 1985 as recorded in the above referenced Clerk's Office in Deed Book 2417, at Pages 1026 through 1029 and by ORDER recorded in Deed Book 2738, at Page 288; and LESS AND EXCEPT that portion of lot 9 conveyed to the SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH by Deed dated April 18, 1994 as recorded in the above referenced Clerk's Office in Deed Book 3388, at Page 1040. Parcel Seven (GPIN: 1468-94-7112-0000) All that certain piece or portion of a parcel of land in the Bayside District of the City of Virginia Beach,Virginia located south and east of Wesleyan Drive at its intersection with Haygood Road being the remaining portion of lot 10 as designated and depicted on that plat entitled, "SUBDIVISION OF PROPERTY OF MEEKINS HAWKINS EST. LOCATED IN BAYSIDE", formerly Princess Anne County,Virginia,dated March 1959,which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Map Book 52, at Page 14. LESS AND EXCEPT that part of lot 10 acquired by the Commonwealth of Virginia by "Certificate"dated May 21, 1985 as recorded in the above referenced Clerk's Office in Deed Book 2417,at Pages 1026 through 1029 and by ORDER recorded in Deed Book 2738,at Page 288;and 17 LESS AND EXCEPT that portion of lot 10 conveyed to the SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH by Deed dated April 18, 1994 as recorded in the above referenced Clerk's Office in Deed Book 3388, at Page 1040. Parcel Eight(GPIN: 1468-94-7038-0000) All that certain piece or portion of a parcel of land in the Bayside District of the City of Virginia Beach,Virginia located south and east of Wesleyan Drive at its intersection with Haygood Road being the remaining portion of lot 12 as designated and depicted on that plat entitled, "SUBDIVISION OF PROPERTY OF MEEKINS HAWKINS EST. LOCATED IN BAYSIDE", formerly Princess Anne County,Virginia,dated March 1959,which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Map Book 52, at Page 14. LESS AND EXCEPT that part of lot 12 acquired by the Commonwealth of Virginia by "Certificate"dated May 21, 1985 as recorded in the above referenced Clerk's Office in Deed Book 2417,at Pages 1026 through 1029 and by ORDER recorded in Deed Book 2738,at Page 288; and LESS AND EXCEPT that portion of lot 12 conveyed to the SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH by Deed dated April 18, 1994 as recorded in the above referenced Clerk's Office in Deed Book 3388, at Page 1040. Parcel Nine (GPIN: 1468-94-2088-0000) ALL THAT certain lot, piece or parcel of land in Bayside Borough,Virginia Beach,Virginia, and designated as LOT NUMBER SEVEN (7) on a certain plat entitled, "Subdivision of Property of Meekins Hawkins Est.: located in Bayside (formerly Princess Anne County), Virginia", dated March 1959,and made by W.B.Gallup,County Surveyors,reference to which is hereby made for a more particular description of the property hereby conveyed,which said plat is recorded with Deed from said Special Commissioners to Verlin Hawkins, dated March 14, 1961, and duly recorded. LESS AND EXCEPT that part of lot 7 located on the north side of Wesleyan Drive conveyed to the SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH by Deed dated April 22, 1994, and recorded in the above referenced Clerk's Office in Deed Book 3388, at Page 1037; and LESS AND EXCEPT that portion of lot 7 conveyed to the Commonwealth of Virginia by Deed dated February 14, 1985 and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach,Virginia, in Deed Book 2403, at Page 0069. 18 Parcel Ten(GPIN: 1468-94-6191-0000) All that certain piece or portion of a parcel of land in the Bayside District of the City of Virginia Beach,Virginia,located south and east of Wesleyan Drive at its intersection with Haygood Road being the remaining portion of lot 11 as designated and depicted on that plat entitled, "SUBDIVISION OF PROPERTY OF MEEKINS HAWKINS EST. LOCATED IN BAYSIDE" formerly Princess Anne County, Virginia, dated March, 1959, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,in Map Book 52,at Page 14. LESS AND EXCEPT that part of lot 11 acquired by the Commonwealth of Virginia by "Certificate" dated February 1, 1985 as recorded in the above referenced Clerk's Office in Deed Book 2391, at Page 0094, and by ORDER recorded in Deed book 2425, at Page 936; and LESS AND EXCEPT that portion of lot 11 conveyed to the School Board of the City of Virginia Beach,by Deed dated April 29, 1994, as recorded in the above referenced Clerk's Office in Deed Book 3389, at Page 2135. Parcel Eleven (GPIN: 1468-83-9984-0000) All that certain lot, piece or parcel of land, in the Bayside Magisterial District of Princess Anne County, (now City of Virginia Beach) Virginia, and designated as Lot No. Thirteen (13) on a certain plat entitled, "Subdivision of Property of Meekins Hawkins Estate", located in Bayside, Princess Anne County,Virginia,dated March 1959, and made by W.B.Gallup, County Surveyor, which is recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 52, at Page 14, which said plat is recorded with Deed from Special Commissioners to Verlin Hawkins, dated March 14, 1961. LESS, SAVE AND EXCEPT the parcel conveyed to the Commonwealth of Virginia by Deed recorded in Deed Book 2391, at Page 546, 0.171 acres, and a temporary construction easement 0.075 acres,for widening of Haygood Rd. Parcel Twelve(GPIN: 1468-93-2910-0000) All that certain lot piece or parcel of land in the Bayside District of the City of Virginia Beach, Virginia, designated as lot 15 on that plat entitled, "SUBDIVISION OF PROPERTY OF MEEKINS HAWKINS EST. LOCATED IN BAYSIDE",formerly Princess Anne County,Virginia, dated March 1959, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Map Book 52, at Page 14. H:\AM\Conditional Rezoning\Dragas Associates\Hawkins Mill\Proffer Agreement.docx 19 'I 1 1 ar r i �"—~--�___,1/ r? r 1111 j /Ili _ itI 1 1 r � I i� 1 r / if i TT . 1 14 -.'"-----s--".--"-------J1111 11 r1 .it i --= I 1 r j nII,. i ? r - - - . II 1 ,i IIl , i id i \\11 tit ?11 Ir 1 i-----7 i 1 111 r i ri rr ie 111 � t� 1 'r� {- I� a , f 1` y . I -� . ,...____ ,I izi 1 ho 111 1 03 1 11 CO ? 1 y0�,?,' r -- le' 1 Vrt_ 1 I 0? \\\\L'' *N‘144 \it 1111111111 i 'i. r 11111111111111111;,_ I al \ i I f/ rrr / 1 r r — IrL {` _.It___ _— 1 i -.. __ 1 i i____ i rf 11 . — — __ 1 r i • r, 1 r I , i t 11 1 1 r t s ..+--� 111 i 1 1 i �L ff 1 Il I if r i _ / ;V; :15', Ci ] 1 CITY OF VIRGINIA BEACH _ AGENDA ITEM ITEM: GLASER ENTERPRISES, INC. [Applicant] GLASER, LLC [Property Owner] Conditional Use Permit (Bulk Storage Yard) at the property located at 2584 Horse Pasture Road (GPIN 1495757662). COUNCIL DISTRICT — ROSE HALL. MEETING DATE: May 1, 2018 • Background: Upon seeking a zoning verification letter from the Zoning Office, the applicant, who operates a spa and pool business, was informed that a Conditional Use Permit for a Bulk Storage Yard is required for outdoor storage of materials, equipment and parts. Based on this, the applicant is requesting a Conditional Use Permit for a Bulk Storage Yard in order to store spas and other equipment associated with the business on the rear of the property. The applicant is requesting a deviation to the required screening around the yard, and proposes to keep in place the existing six-foot high chain link fence that encloses the storage area. It is the applicant's intent, and a recommended condition of approval, to install plant material outside of the existing fence as a means of partially meeting the screening requirement. As the property is located within an industrial park and is adjacent to industrial uses, Staff supports the deviation to the required screening. • Considerations: The site is located within the greater than 75 dB Ldn noise zone 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 use is consistent with the Comprehensive Plan's land use goals for Special Economic Growth Area (SEGA) 3 - South Oceana and is compatible with the uses in the surrounding area. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. Staff is not aware of any opposition to this application. Glaser Enterprises, Inc. Page 2 of 2 • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1. The Bulk Storage Yard shall be limited to the area and location depicted on the exhibited entitled, "Site Layout" on page 4 of this report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. Southern wax myrtle (Myrica cerifera), planted six feet on center, shall be installed along the northern side of the site facing London Bridge Road and along the western side of the Bulk Storage Yard area, as depicted on the "Proposed Landscape Exhibit" on page 5 of this report. The plants shall be a minimum of two feet in height at the time of installation. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. ii Submitting • -p. . t, gency: Planning Department Vizt,fri do OF4k City Manager: Applicant Glaser Enterprises, Inc. Agenda Item Property Owner Glaser, LLC Public Hearing March 14, 2018 c n�,r j City Council Election District Rose Hall 5 Virginia Beach Request co Conditional Use Permit (Bulk Storage Yard) Dov E Staff Recommendation q�ator a^e Approval a o erlo,rnance Court m Staff Planner ,Ondon Robert Davis B�{�dgeR°ad Ilse pasture�_j ..44o Location Dan'Neck Road 9 2584 Horse Pasture Road GPIN 1495757662 Site Size 70-75 dB DNL 61,000 square feet AICUZ Greater than 75 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District '� 1i� k�`" Warehouse/Conditional I-1 Light Industrial r i " • Ni, Surrounding Land Uses and Zoning Districts — _- North r! .. London Bridge Road i +•• ' Warehouse/Conditional I-1 Light Industrial l ° ;fr• • South roil ''3,• l - Horse Pasture Road, - E fr f p Warehouse/ Conditional I-1 Light Industrial , y11�ur.' :14 East a Warehouse/Conditional I-1 Light Industrial ~ t—i •+, West i 1. t Warehouse/Conditional I-1 Light Industrial t Glaser Enterprises, Inc. Agenda Item 5 Page 1 Background and Summary of Proposal • In 2012, a Conditional Rezoning from AG-1 and AG-2 Agricultural Districts to Conditional I-1 Light Industrial District was approved by City Council to allow development of the 25-acre farm property as an industrial park. The proffered rezoning for the entire industrial park was modified in 2004 to reduce the setbacks along London Bridge Road. • The applicant currently occupies a 15,600 square foot building. Upon seeking a zoning verification letter from the Zoning Office, the applicant was informed that a Conditional Use Permit for a Bulk Storage Yard is required to store spas and other equipment associated with the business on the site. Based on this information, the applicant is requesting a Conditional Use Permit for Bulk Storage on the rear of the property. • The approximately 10,000 square foot bulk storage area is currently enclosed with a six-foot tall chain-link fence with aluminum slats. The applicant is seeking a deviation to the required Category VI screening (a solid six-foot tall fence with shrubs) surrounding the Bulk Storage Yard. In lieu of a solid privacy fence, the applicant intends to install plant material outside of the existing chain link fence as a means of screening the materials from London Bridge Road. kaiiiili;saw Rpee ob l _ -=� �✓ 4/I!� � / `� - -„ Zoning History ry # Request 1 MOD Approved ved 09 14 2004/% �� � �; r_ , CRZ(AG-1 &AG-2 toConditional I 1)Approved ed ; TI 05/14/2002 / il :'; .,_.______ t 11+ 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 Evaluation and Recommendation In Staff's view, the proposed Bulk Storage Yard is compatible with the surrounding industrial uses and the land use policies for Special Economic Growth Area 3 South Oceana. The site is in the greater than 75 dB DNL noise zone and is impacted by a Navy Restrictive Easement. In Staff's view, the proposed use is compatible with Section 1804 of the Zoning Ordinance, and the Navy has reviewed the proposed uses and has issued a letter of compliance, which can be found on page 15 of this report. Glaser Enterprises, Inc. Agenda Item 5 Page 2 As previously stated,the applicant is requesting to deviate from the required Category VI screening requirement through the provisions of Section 221 (i) of the Zoning Ordinance, which allows City Council to grant deviations from required landscaping if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." Staff concludes that a deviation, as conditioned below,will not adversely impact the adjacent properties. Based on the considerations above,Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. The Bulk Storage Yard shall be limited to the area and location depicted on the exhibited entitled, "Site Layout" on page 4 of this report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. Southern wax myrtle (Myrica cerifera), planted six feet on center, shall be installed along the northern side of the site facing London Bridge Road and along the western side of the Bulk Storage Yard area, as depicted on the "Proposed Landscape Exhibit" on page 5 of this report.The plants shall be a minimum of two feet in height at the time of installation 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. Comprehensive Plan Recommendations This site is located in Special Economic Growth Area 3—South Oceana. Portions of the area are impacted by high noise zones, accident potential zones and Navy restrictive easements. All proposed land uses in this area must align with the City's AICUZ provisions and Oceana Land Use Conformity program. The western region of this area is planned for non- residential uses to include a mix of light industrial, low-rise office and limited retail use. 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 does not appear to be any significant natural or cultural features associated with the site. Public Utility Impacts Water& Sewer This site is currently connected to both City water and sanitary sewer service. Glaser Enterprises, Inc. Agenda Item 5 Page 3 Site Layout LONDON BRIDGE ROAD 80'RAW S 79'48'39" E 200.00' DRAINAGE DITCH R O fP--- » UTIL POLE (!2a w I INK{=FiJr.c- IRS• 11/ IRS 7484 CURB 8 GUTTER(7YP.) 2«e' n Proposed Bulk Storage Yard 3,1 125.4' t ro 25.0' .444111111W11111.111111J LOT 6 l 1 Q eo.o• RET. 6i 0�S F 7 ANIMA. �, a ^-\ o 0 n oo Hew PAS UREROAO Z W M N ii2584 RSE1. Q /RIP-RAP 13 Fa la, O., (n?.l / I Fa- GONG' CONC' 1 I I Z • b is4n ! � WA- sem. W I FV2 M w 14.4' 101.2' L CONC.WALK j i COO "fes criP.) ASPHALT lit STM STR. i ' iii 1 Hi — 1 ; STM*gICaH i� 1 STR �TrPJ ` Stie T �. IR/• - N 79'48'39" W 200.00' RC HORSE PASTURE ROAD 60'RNV Glaser Enterprises, Inc. Agenda Item 5 Page 4 Site Layout London Bridge Road Existing Plant Material 111, Existing Fence 11111 Horse Pasture -d DETAILS OF PLANT MATERIAL TO BE ADDED Southern Wax Myrtle(Myrica cerifera) Planted a maximum of six feet on center Two feet tall at time of planting <i40--c e Glaser Enterprises, Inc. Agenda Item 5 Page 5 Site Photos / - . . _.... .., -,.... . .. ...--..,_, . . . , C C Eli E LI El, ,,. ____ . wriiii,_"4 ! . . . -• , _ 1.• -..„,stiv. . mr --1, .' a ' Wad' likiii ....-- -,7----.. --,.-- •- . -. 'zi ,r-r=rwi,T. • 1 .:-.6=Ai .usta - t'; '•". --" - - --%;.4- 757-34o-9k:82.. - _____................... -- - - - ',..., .f • t •,?,:i.,, •:-.,,,,: . . _.- __ --- _____----- ,?;,. .___--- ., ..:. , .. .: .. . .,.... ., - , , . • .........--,_ _,..„,.-_ . .,-__-• 'NI.i-,--• -: ,:,..------- " .--. ---•,--.1.1 -_-,-,.-...7,--7---_,--.-..„.„_,-_--- z•2.- ,----' , i A A . . • 11-41 i a - 1 '.., -' ' .- - • ,.'.4'-..-1.v,--;,..•': .. --.--::;,......;,_.......--- -,:,,,,,; ;-1. - ---- .11 P?4--,--.• - •• ,'.- . ' ..----........-..- - '0.. . ...' , ...:,,y...-- . • .. •' -.-"'-•,,':'•.*: .;ii--:r4;.c-.; ... . - .. • ;-.-.=.7."..x.:.,_, '-,,.. ' ,_ - . . . _ . Glaser Enterprises, Inc. Agenda Item 5 Page 6 — _ Disclosure Statement \Ct_ - «;„ <,t APPLICANT'S NAME Glaser Enterprises 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 FOR CITY USE ONLY; r=.;I disclosures must h tea:.vu2,weeks prior to any Page 1 of 7 Planning Commission and City Council meet ,t pertains to the application!s). o APPLICANT NOTIFIED OF HEARING _ DATE ID NO CHANGES AS OF El REVISIONS SUBMITTED DA-L Y/b /aofrs /11TC7 Robert A.Davis Glaser Enterprises, Inc. Agenda Item 5 Page 7 Disclosure Statement Virginia Beach I 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:Glaser Enterprises Inc 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) Todd Glaser- President, Leonard Glaser-Vice President Kevin Rooks- Secretary, W. Casey Copeland -Treasurer (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) N/A See next page for information pertaining to footnotes' and 2 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. X 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:Glaser LLC If an LLC, list the member's names:Todd Glaser, Leonard Glaser, Derek Glaser Page 2 of 7 Glaser Enterprises, Inc. Agenda Item 5 Page 8 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) N/A (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) N/A "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a 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_operatinq 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 Glaser Enterprises, Inc. Agenda Item 5 Page 9 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) t l N Accounting and/or preparer of your tax return l " Architect / Landscape Architect/ u Land Planner ❑ Contract Purchaser(if other than X 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) U zConstruction Contractors O F Engineers /Surveyors/Agents Financing (include current SunTrust Bank h� ❑ mortgage holders and lenders j� selected or being considered to provide financing for acquisition or construction of the property) 111 Legal Services Real Estate Brokers / • z Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ m 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 Glaser Enterprises, Inc. Agenda Item 5 Page 10 Disclosure Statement • Virginia Beach CE TIR FICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. understand that, upon receipt of notification that the application has been ;scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. / f C(owe 112.12-0/1" AVPL!CANTS SIG 'ATURI PRINT NAME DATE Page 5 of 7 Glaser Enterprises, Inc. Agenda Item 5 Page 11 Disclosure Statement NIB OWNER Virginia Beach PROVIDER(use additional sheets if YES NO SERVICE needed) Accounting and/or preparer of your tax return I I Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than C the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed f—I ® purchaser of the subject property I I (identify purchaser(s)and purchaser's service providers) MConstruction Contractors CX Engineers/Surveyors/Agents Financing (include current SunTrust Bank il ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I I ® Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Glaser Enterprises, Inc. Agenda Item 5 Page 12 Disclosure Statement Virginia Beath CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. • PRoPERTY OWNER S SIGNATURE 1 PRINT NAME DATE Aiiiiiii11111111111 Page 7 of 7 Glaser Enterprises, Inc. Agenda Item 5 Page 13 Navy Easement Compliance Letter DEPARTMENT OF THE NAVY j{ 1 s'cljrNAVAL AIR STATION OCEANA 1750 TOMCAT BOULEVARD VIRGINIA BEACH VIRGINIA 23460-2191 - Ili RER.t RE,ER TC 4535 Ser N4/0l 7 1 Feb 18 Mr.Todd Glaser East Coast Leisure 2584 Horse Pasture Road Virginia Beach,VA 23453 Dear Mr.Glaser: SUBJECT: EASEMENT COMPLIANCE Thank you for your request for an easement compliance review for your current and proposed use of a property located at 2584 Horse Pasture Road,Virginia Beach,Virginia by East Coast Leisure. I reviewed an analysis prepared by a Navy Real Estate Contracting Officer and I agree with the conclusion that the property is subject to restrictions resulting from a Grant of Easement acquired by the United States. Enclosed is a copy of the Review and Findings for your convenience. The proposed use of the property is:warehousing;distribution and wholesaling of supplies and goods;auxiliary retail sales of those supplies and goods to the general public;and an office space maintained in connection with the above uses. The proposed use appears compliant with the Grant of Easement and is therefore permitted. Please note that retail sales must remain auxiliary to the permitted uses of wholesaling,warehousing and distributing operations,and that j the gross building area of any area open to the public and/or showroonis devoted to such permitted retail sales,if any,shall not exceed ten(10)percent of gross building area. 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)433-2678 or via e-mail at paul.moomaw@navy.mil. Sincerely, R.J.MEADOWS Captain,U.S.Navy Commanding Officer Enclosure: 1.Real Estate Contracting Officer's Review and Findings Copy to: NAVFAC MIDLANT(Codes ARE3 &PRA12) Glaser Enterprises, Inc. Agenda Item 5 Page 14 Item #5 Glaser Enterprises,Inc. Conditional Use Permit(Bulk Storage Yard) 2584 Horse Pasture Road District—Rose Hall March 14,2018 CONSENT Ms. Oliver: Thank you. The next matter is agenda item number five and this is an application of Glaser Enterprises, Inc. for a Conditional Use Permit for a bulk storage yard on the property located at 2584 Horse Pasture Road located in the Rose Hall District. Is there a representative for this application? No? Is there any opposition to this being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Weiner to read this into the record,please. Sorry, I skipped, Commissioner Wall. Mr. Wall: Thank you. This is a Conditional Use Permit for a bulk storage yard. In 2012, a Conditional Rezoning from AG-1 to AG-2 Agricultural District to Conditional I-1 Light Industrial District was approved by City Council to allow development of the 25-acre farm property as an industrial park. The proffered rezoning for the entire industrial park was modified in 2004 to reduce the setbacks along London Bridge Road. The applicant currently occupies a 16,000 square-foot building. Upon seeking a zoning verification letter from the zoning office, the applicant was informed that the Conditional Use Permit for a bulk storage yard is required to store spas and other equipment associated with the business on the exterior of this site. Based on this information, the applicant is requesting a Conditional Use Permit for bulk storage yard on the rear of the property. The approximately 10,000 square-foot bulk storage area is currently enclosed with a 6 foot tall chain-link fence with aluminum slats. The applicant is seeking a deviation to the required Category VI screening which is a solid six-foot tall fence with shrubs surrounding the bulk storage yard, in lieu of a solid privacy fence, the applicant intends to install plant material outside of the existing chain-link fence that has slats in it as it means a screening the materials from London Bridge Road. In staff's view, the proposed bulk storage yard is compatible with the surrounding industrial uses and the land use policies for the Special Economic Growth Area 3 South Oceana. Staff recommends approval. There is no opposition, and therefore,we placed this item on the Consent Agenda. CONDITIONS 1. The Bulk Storage Yard shall be limited to the area and location depicted on the exhibited entitled, "Site Layout"on page 4 of this report,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 1 2. Southern wax myrtle (Myrica cerifera),planted six feet on center, shall be installed along the northern side of the site facing London Bridge Road and along the western side of the Bulk Storage Yard area, as depicted on the"Proposed Landscape Exhibit" on page 5 of this report. The plants shall be a minimum of two feet in height at the time of installation. A motion was made by Commissioner Oliver and seconded by Commissioner Horsley to approve item 5. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON ABSENT HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE 2 WL-IJ l--. l I I J J , _ 0 . Tr L �_ 1 L IA ______ ______- n ______[ r 1 1- r i i1 __ i [: 1 anuan t Aesjer d et tiiV 111 II I N CO al I mom a) U j I i 1 4111 .1 it I CO l / . 7l o rOef ii 4 -0• iy, 4X.4. CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: D&S WILLIAMS, INC. [Applicant] LONDON BRIDGE, LLC [Property Owner] Conditional Use Permit(Automobile Repair Garage) for the property located at 113 Pennsylvania Avenue (GPIN 1467849117), COUNCIL DISTRICT — BAYSIDE. MEETING DATE: May 1, 2018 • Background: The applicant has operated an Automobile Repair Garage on the subject site since 2011. Upon renewing his business license, it was discovered that a Conditional Use Permit has never obtained for this use on this site. The site is developed with a 5,000 square-foot building with four car lifts within one large service area. Services offered include light repair work, such as oil changes, and also heavier repair work, such as engine replacement. The existing five marked parking spaces are deficient in meeting the minimum parking requirement of six spaces for a 5,000 square foot repair garage. Additionally, the site lacks the required van accessible ADA parking space. There is an existing non-conforming freestanding sign located at the front of the building. • Considerations: Although the proposed use is not consistent with the long term vision of the Pembroke Strategic Growth Area (SGA) 4, it is consistent with the surrounding land uses and current character of this area. Consistent with all nonconforming signs on properties that require City Council's consideration, it is recommended that the existing non-conforming freestanding sign be removed. Also, the recommended conditions require that the parking lot be restriped with at least six parking spacing, to include the one required ADA van accessible space. Although the proposed site improvements are minimal, they will bring the site into compliance with federal regulations and closer into compliance with the requirements of the Zoning Ordinance. Further details pertaining to the request, 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. D&S Williams, Inc. Page 2 of 2 1. The parking lot shall be striped to include any required handicap spaces in accordance with the Americans with Disabilities Act (ADA). 2. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. 3. The existing non-conforming freestanding sign shall be removed. 4. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs or electronic display signs on the site. 5. No vehicles in a state of obvious disrepair shall be stored outside on the property. All such vehicles shall only be permitted to be stored within the building. 6. There shall be no outside storage of equipment, parts or materials. 7. No motor vehicle repair work shall take place outside of the building. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting D- - .rt •ent/Agency: Planning Department 171;t4".(51.A.A(4:71:j City Manager. Applicant D & S Williams, Inc. Agenda Item Property Owner London Bridge, LLC Public Hearing March 14, 2018 art/o/ City Council Election District Bayside 1 0 Virginia Beach Request 11a� Conditional Use Permit (Automobile Repair ) t F�, Garage) ' a ° s 7b4 `o n Boulevard C Staff Recommendation Approval L a 1 Staff Planner soy'"�jees Jimmy McNamara See.I (..aec's'S�'eeCNc �'sca<e� c � Location ;4 ,ado``" fi 113 Pennsylvania Avenue �� � GPINa .o.' „.........A s� 1467849117 „, 754 • - 0 Site Size /` 9,248 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay * t Existing Land Use and Zoning District �Jy " �_ill t , •±,, ,, Automobile repair garage/ 1-1 Light IndustrialIN — Se " a , �• y1! . . . 1 a1 =e. � c r. hn; f Surrounding Land Uses and Zoning Districts � �:. � Y•� ,,�,, ,. , North `°� �'^ y _ ,,,• I Industrial warehouse/ 1-1 Light Industrial South a Automobile glass repair/ 1-1 Light Industrial ,.! • 7 V -,,, _I} _ _ ;'� qil East ' ...i * - 4 t 6 . �a Pennsylvania Avenue l ' +. I A , , 411111Li t Industrial warehouse/ 1-1 Light Industrial 4 - , ;' West +` + Bottle and oath Pn B"uu� I��1 Automobile repair garage/ 1-1 Light Industrial 1,. ., - . - 1 = /fa trtIrm D & S Williams, Inc. Agenda Item 10 Page 1 • Background and Summary of Proposal 1 • The applicant has operated an Automobile Repair Garage on the subject site since 2011. Upon renewing his business license, it was discovered that a Conditional Use Permit was never granted for this site, and therefore, one would be required. • The site is developed with a 5,000 square-foot building with four car lifts within one large service area. Access to the service area is provided by two overhead garage doors on the north side of the structure. • Services offered include light repair work, such as oil changes, and also heavier repair work, such as engine replacement. • Typical hours of operation are between 8:00 a.m. through 5:00 p.m., Monday through Friday. According to the applicant, two employees are on the site at any given time. • The existing five marked parking spaces are deficient in meeting the minimum parking requirement of six spaces for a 5,000 square foot repair garage. Additionally,the site lacks the required van accessible ADA parking space. • There is an existing non-conforming freestanding sign located at the front of the building. Clev�gfd street c 1-, i-i 1-i 31- 1-1 I i- — — 3 '__ �� Zoning History :,:. : I-, # Request 1 1 4 1 CUP(Housing Resource Center)Approved 09/15/2015 r 1 ! CRZ(I-1 to Conditional B-4)Approved 09/15/2015 I1 1 t STC Approved 08/05/2003 1 / B-4 �/� 2 CUP(Automobile Repair Garage)Approved 11/17/2015 l NON Approved 11/17/2015 `" n 3 CUP(Automobile Repair Garage)Approved 08/04/2015 4 CUP(Bulk Storage Yard)Approved 09/11/2012 Soutn.meo°"°eb 5 CUP(Automobile Repair Garage)Approved 01/19/2016 f 1-2 Application Types CUP-Conditional Use Permit MOD-Modification of Conditions or Proffers FVR-Floodplain Variance REZ-Rezoning NON-Nonconforming Use ALT-Alternative Compliance CRZ-Conditional Rezoning STC-Street Closure SVR-Subdivision Variance Evaluation and Recommendation Although the proposed use is not consistent with the long term vision of the Pembroke Strategic Growth Area (SGA) 4, it is consistent with the surrounding land uses and current character of this area, which includes multiple automobile repair garages. It is Staff's opinion that the proposed use is acceptable as an interim use until market forces are right for redevelopment of the area. D &S Williams, Inc. Agenda Item 10 Page 2 Staff recommends the removal of the existing non-conforming freestanding sign and the restriping of the parking lot to include the minimum number of required number of parking spaces, including the required ADA van accessible space. Although the proposed site improvements are minimal,they will bring the site into compliance with federal regulations and closer into compliance with the requirements of the Zoning Ordinance. Staff recommends approval of the request subject to the conditions below. Recommended Conditions 1. The parking lot shall be striped to include any required handicap spaces in accordance with the Americans with Disabilities Act(ADA). 2. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. 3. The existing non-conforming freestanding sign shall be removed. 4. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles,trees,or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs or electronic display signs on the site. 5. No vehicles in a state of obvious disrepair shall be stored outside on the property. All such vehicles shall only be permitted to be stored within the building. 6. There shall be no outside storage of equipment, parts or materials. 7. No motor vehicle repair work shall take place outside of the building. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located in the Central Village District of the Pembroke SGA. The Plan calls for an eclectic, mid to low-rise commercial and urban residential area. This type of development is envisioned as live-work, loft and row-house residential buildings and smaller scale mixed use commercial buildings. Natural and Cultural Resources Impacts This site is located in the Chesapeake Bay watershed. As the site is fully developed with impervious surface, there are no known significant natural or cultural resources associated with the site. D&S Williams, Inc. Agenda Item 10 Page 3 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Pennsylvania Avenue No Data Available 6,200 ADT 1(LOS 4"C") Existing Land Use 2-44 ADT 9,900 ADT 1(LOS 4"D") Proposed Land Use 3-25 ADT lAverage Daily Trips 2as defined by 4,000 square 3as defined by a four-car automobile 4 LOS=Level of Service feet of general office repair garage Master Transportation Plan (MTP) and Capital Improvement Program (CIP) North Witchduck Road in the vicinity of this application is under construction and will be completed in early 2020 as a six-lane divided major urban arterial. Public Utility Impacts Water&Sewer The site is currently connected to City water and sewer. D&S Williams, Inc. Agenda Item 10 Page 4 Proposed Site Layout _ . anuanv etueniRsuuad a. 0 or__.,.. .— C .I piiSued Imo r. •- t 73 cv c ,... ro ,- V+ cii ,cIZ Lt. I i I I 1 1 1 I CD b.0 ; (13 1 n3 1 ci< bA ...-C I g / ig ! 1 1 vl I i I X 1 I I / . , : . ii 1 . D & S Williams, Inc. Agenda Item 10 Page 5 — — — — Site Photos IA . -`rte __ 4 MILUM -- - �p4T �0T - REME7DIES k.$3.--S • • ..90-5820Ilk 1 1 to -'ti.. • ,x D &S Williams, Inc. Agenda Item 10 Page 6 Disclosure Statement Virginia Beach APPLICANT'S NAMED and S Williams, 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 Compliance, Special Investment Program Nonconforming Use Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/. disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s) 0 APPLICANT NOTIFIED OF NEARING DATE Er NO CHANGES AS OF DATE y n'Gfl8, Jimmy McNamara El REVISIONS SUBMITTED DATE D &S Williams, Inc. Agenda Item 10 Page 7 Disclosure Statement 'NB Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: D&S Williams, Inc. If an LLC, list all member's names: Damion B. Williams Sarah L.Wlliams 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 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Li 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:London Bridge, LLC If an LLC, list the member's names:Steven L. Fox and Elizabeth E. Fox Page 2 of 7 D &S Williams, Inc. Agenda Item 10 Page 8 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 D & S Williams, Inc. Agenda Item 10 Page 9 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ ,=' Accounting and/or preparer of your tax return ❑ Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than 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 1=1 =' Engineers /Surveyors/Agents Financing (include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 111 Legal Services Real Estate Brokers / El ,r4 Agents/Realtors for current and anticipated future sales of the subject property 4 �..� SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ 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 D &S Williams, Inc. Agenda Item 10 Page 10 Disclosure Statement .1B Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. .1, , 1.1`.-.011111 00•146--- AF"I CANTS SIGNA RE ! PRINT NAME DATE Page 5 of 7 D &S Williams, Inc. Agenda Item 10 Page 11 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ '� Accounting and/or preparer of your tax return '▪ =' Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) // Construction Contractors ❑ Engineers/Surveyors/Agents Financing (include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ELegal Services Real Estate Brokers / ix 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 ❑ 1an 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 D &S Williams, Inc. Agenda Item 10 Page 12 Disclosure Statement 'NB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. ! — E.9:( ill Fmac �1Iz y/aas •• . NE ATURE PRINT NAME DATE Page 7 of 7 D &S Williams, Inc. Agenda Item 10 Page 13 Item #10 D& S Williams,Inc. Conditional Use Permit(Automobile Repair Garage) 113 Pennsylvania Avenue District-Bayside March 14,2018 CONSENT Ms. Oliver: Thank you. The next matter is agenda item number 10, and this is an application of D &S Williams, Inc. for a Conditional Use Permit for an Automobile Repair Garage on property located at 113 Pennsylvania Avenue located in the Bayside District. Is there representative for this application? Hello. Would you state your name for the record? Damion Williams: Hello,Damion Williams. Ms. Oliver: Are the conditions set forth in the application acceptable to you? Damion Williams:Yes ma'am. Ms. Oliver: Okay,great,thank you very much. Is there any opposition to this being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Redmond to read this into the record,please. Mr. Redmond:Mr. Chairman, this is a Conditional Use Permit application for an Automobile Repair Garage,which has operated on this site for a number of years,it's a very small site, it's about a quarter of an acre and has operated apparently without incident. The operator, however; was unaware of the need for a Conditional Use Permit, and has been working with Staff towards end,there were two issues which the Staff identified and addressed in the conditions, one is the existence of a nonconforming sign, which is to be removed and any sign that replaces it then must conform to the city code and a second was some very minor deficiencies with regard to the parking, again very small site, small number of parking places but nonetheless here is a parking requirement,that's conditioned as well and appears that should be easily met. There is no opposition and the staff recommends approval,we agree and incurred by consent, thank you Mr. Chairman. CONDITIONS 1. The parking lot shall be striped to include any required handicap spaces in accordance with the Americans with Disabilities Act(ADA). 2. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. 1 3. The existing non-conforming freestanding sign shall be removed. 4. There shall be no signs which contain or consist of pennants,ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted,pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs or electronic display signs on the site. 5. No vehicles in a state of obvious disrepair shall be stored outside on the property. All such vehicles shall only be permitted to be stored within the building. 6. There shall be no outside storage of equipment,parts or materials. 7. No motor vehicle repair work shall take place outside of the building. A motion was made by Commissioner Oliver and seconded by Commissioner Horsley to approve item 7. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON ABSENT HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE 2 /...'."... ..'- ., . • , . \ 1\Cie . I \ -'' I ...--• ‘, 1,, -•---1 'I! • I il \ 4'1 \ \ ) il, I ' it /1 is 'it 1. 1. '.• re ill, ilit 0 it .'t i it I 1 IX 01 4•• 0 . k it, lc +et 0 00- 4. • \ . • 411, ' Mr il I, \ 0 . ' ilof, .. \ ____------ \ A _-. ___-,_-_-_-_------ ___________ ___-- ,.„___-_------- ---- . __--- ----- ___---- ___ w-45-61430,3 ,. _____-- ---------P0 ...._ -___ -- ________ _------_::::----c Z r - 1 • 'lit II \ -- lillik...e447:44\3:\.\\\ 11 _ II _„....------- . ,__ . , It Ce ,, .!, 1 \ ----it , I I. t. Ce , 41 11111' I 1i . 0 it _--- .,, ll i.... ....-.- ! 1,......1 . 11 1 115, .• ‘ ', , i , .. . ,, _ - I1 - ,t_ , '. \ 1.0 Ak I.i Ili 1 , _ _________----A \ I it P'N , . . ._ - I ---------- . \\ i 11 , . 1 , , . . . . t i . ,. tillit \ .. . -.----- , i . . ----- . . . 1 . . .i. ' --- "5 �Sf'il�tiyyl O{{ttE sj r ; L�4v��I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BURGER BUSTERS, INC. [Applicant] BALBOA, LLC [Property Owner] Special Exception for Alternative Compliance (Sections 2.6 & 5.3.8 of the Oceanfront Resort District Form-Based Code) for the property located at the northwest corner of Pacific Avenue & 29th Street (GPINs 2428013473, 2428013489, 2428013567). COUNCIL DISTRICT — BEACH. MEETING DATE: May 1, 2018 • Background: This property is zoned OR-Oceanfront Resort District, and is located in an area where, according to the Oceanfront Resort District Form-Based Code (FBC), a drive-through is permitted, but only if the Limited Use provisions are followed. These provisions require locating the drive-through on the block interior or on the ground floor of a parking structure, such that it is not visible from the public right- of-way. As the site layout plan for the proposed new fast food restaurant (Taco Bell) depicts the drive-through at a location that does not meet these standards, the applicant is seeking a Special Exception for Alternative Compliance. Also, rather than installing the 30 parking spaces prescribed by the FBC, the applicant proposes to install 16 on-site parking spaces, two of which will be reserved for employees. A 2,800 square-foot, one-story restaurant and a 300 square-foot outdoor dining area are depicted on the site layout plan. The menu board and ordering speaker will be located to the north of the building, while two drive-through windows will be located on the west façade of the building. A screening wall and a 15-foot-deep landscape bed will screen the menu board from Pacific Avenue. The submitted architectural elevations depict a one-story structure up to 24 feet in height. Storefront windows will face the intersection of 29th Street and Pacific Avenue. Foundation landscaping, architectural lighting, reveals, and pilasters articulate the façade to the north. Cementous fiber is the predominantly proposed façade material. • Considerations: The prescribed criteria and Limited Use provisions for drive-throughs were crafted with much larger sites in mind than the subject property. As such, meeting these provisions is problematic on smaller sites. Additionally, the applicant contends that the market currently does not support the level of improvements required by the Limited Use provisions. Burger Busters, Inc. Page 2 of 5 The FBC provides standards for Alternative Compliance applications, which Staff has reviewed and addressed in detail within the Staff report. On balance, the site layout proposed for the restaurant with a drive-through is designed with the pedestrian and bicyclist in mind, is consistent with the Beach Street Frontage regulations, is reasonably organized so that the drive-through is less noticeable, and, in Staff's opinion, is a satisfactory compromise that considers adverse impacts to surrounding properties. The recommended conditions help ensure quality landscaped screening is consistently provided and times of operation are limited to assist in mitigating the deviation to the Limited Use provisions. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. Staff received two letters of opposition, both from neighboring civic leagues, which noted concerns about the proposed drive-through related to volume of traffic generated, increased noise, incompatibility with residential uses, setting precedent, and inconsistency with the FBC. Since the public hearing, Staff has received an additional letter of opposition referencing similar issues with the request. There was one speaker at the Planning Commission hearing who appeared in opposition to the application, citing concerns related to the high visibility of the drive-through and the queuing of vehicles, the location of the drive- through not meeting the FBC requirements, and the close proximity of many dwelling units to the drive-through who will likely experience increased traffic and noise. The applicant submitted to Staff a petition that included both in-person signatures and on-line submissions. Three letters of support were also submitted, each expressing a desire to see another fast food option for residents at the oceanfront. The Planning Commission voted to deny the request, 5-4. The Planning Commission discussed at length the internal circulation, traffic safety issues with the proposed layout (two curb cuts versus one), the close proximity of the exit-only lane to the intersection of Pacific Avenue and 29th Street; the lack of pedestrian- oriented design, the potential for increased noise for nearby residents by the drive- through, the diversion from the established FBC principles, the potential for setting a precedent, and the incompatibility with nearby residential uses. The Planning Commission did have a consensus on several topics such as, the acceptability of the restaurant use, the quality of the building's design and exterior materials, and that no alcohol service be permitted. Based on the Planning Commission's comments and after the public hearing, the applicant has volunteered a 14th condition, which prohibits the sale and service of alcohol on the property, and is added below and underlined. Also subsequent to the hearing, the applicant's representative submitted to Staff a revised building elevation and fence detail (to address condition 5) as well as a revised site exhibit depicting a single ingress/egress point, additional screening along 29th Street, and a further reduction in on-site parking spaces to 14. The revised exhibit better Burger Busters, Inc. Page 3 of 5 addresses concerns raised by Public Works Traffic Engineering Staff, the PDRC (as noted in the Staff report), and the criteria of the Form-Based Code. Both the revised site layout and building elevation are included in the Staff report. The applicant's representative also submitted comments regarding several of the recommended conditions below. These comments appear in italics following each condition. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend denial of this request by a vote of 5-4, with 1 abstention. 1. When the property is developed, it shall be substantially in accordance with the submitted site exhibit entitled "PACIFIC AVENUE TACO BELL, PRELIMINARY LAYOUT PLAN," dated 08/25/2017 and prepared by Blakeway Corporation, with the exception of any conditions stated below. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. (Amenable to modifying this condition to reference the submitted site exhibit showing one curb cut) 2. When the property is developed, it shall be substantially in accordance with the submitted landscape exhibit entitled "PACIFIC AVENUE TACO BELL, CONCEPT LANDSCAPE PLAN," dated 07/17/2017 and prepared by Blakeway Corporation, with the exception of any conditions stated below. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. When the site is developed, the structure constructed shall have the architectural features, and appearance of like quality and character to the architectural elevation exhibits entitled, "EXPLORER LIGHT, EXTERIOR ELEVATIONS," dated 11-29-17, with the exception of any conditions below. These elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. (Amenable to modifying this condition to additionally reference the submitted elevation exhibit showing a fence detail) 4. As part of the approval of this request for a Special Exception for Alternative Compliance, the required parking shall be reduced to 16 (sixteen) parking spaces. Employment by this business shall not render an individual eligible for a Residential Parking Permit. (Amenable to modifying this condition to reduce from 16 parking spaces to 14 parking spaces, should Council desire only one curb cut.) 5. The proposed screening wall located to the north of the building shall follow the Oceanfront Resort District Design Guidelines by being designed similarly to the proposed architectural elevations and constructed with architectural materials consistent with the materials used in the proposed architectural elevations. The Burger Busters, Inc. Page 4 of 5 wall shall be designed to block the menu board and dumpster entirely from Pacific Avenue and as required by City landscape regulations. (Amenable, the submitted fence detail meets this condition.) 6. As shown on the site plan exhibit, the drive-through lane and exit lane & parking area shall be improved with two separate materials or surface treatments that substantially differ in appearance such that drivers are clearly guided to the correct aisle. 7. As part of site plan review, to ensure adequate screening is provided within the reduced 10-foot parking setback, the Development Services Center Landscape Planner may request up to 40% additional plantings than the minimum amount of plantings required by the parking lot street frontage regulations of the City of Virginia Beach Landscaping Guide. To ensure the growth of all plants, all landscaped areas shall be irrigated. 8. As part of site plan review, the applicant shall adjust all drive aisles to meet the minimum width supported by Public Works Traffic Engineering. Residual area shall be used to increase interior or perimeter landscape screening of the drive aisles. 9. As part of site plan review, as supported by Public Works Traffic Engineering, the applicant shall provide landscaping to the north and south of the on-street parking spaces located in the public right-of-way of Pacific Avenue. 10.To limit the disturbance to nearby residential uses, the restaurant shall not operate between the hours of 12:00 midnight and 7:00 a.m. (Not Amenable - the applicant proposes the following hours of operation: Drive-through: 7:00 a.m. to no later than 1:00 a.m., Restaurant: 7:00 a.m. to no later than 2:00 a.m.) 11 .All signage shall follow the Oceanfront Resort District Sign Design Guidelines. No window signage, interior or exterior, temporary or permanent, shall be used. No signage shall be used in the outdoor dining area. Signage shall not be provided on trash receptacles, fencing, furniture, bicycle racks, patio umbrellas, or drive-through canopies. The proposed screening wall shall not be included when calculating the amount of signage permitted by the Form-Based Code. 12.Pavers shall be used for the proposed patio space. The applicant is currently showing a fence surrounding the patio and a strip of landscaping separating the patio from Pacific Avenue. If desired by the applicant, at site plan review, the fence and landscaping may be removed to provide less restricted pedestrian movement at the corner of the site. If fencing is used, it shall meet the Oceanfront Resort District Design Guidelines by being weather resistant and comprised of low maintenance materials. Burger Busters, Inc. Page 5 of 5 13.To ensure this proposal contributes to the long term goals of the Oceanfront Resort District Form-Based Code and the Resort Area Strategic Action Plan, this Special Exception for Alternative Compliance shall be granted for no longer than a period of 15 (fifteen) years. (Not Amenable - the applicant is considering a 25-year ground lease and franchise agreement and thus is not amenable to a condition limiting the use to any fewer than 25 years.) 14.The sale and service of alcohol shall be prohibited on this property. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. Submitting Dep-rtme,`t/Ag cy: Planning Department 4.6,vIV--L City Manager: L *\„ Applicant Burger Busters, Inc. Agenda Item NI Property Owner Balboa, LLC 1 Public Hearing March 14, 2018 City Council Election District Beach 12 Virginia Beach Request �e ssd,o„�,esit-te' Alternative Compliance (Sections 2.6 & 5.3.8 1 Ise,0'west,,.e., of the Oceanfront Resort District Form-Based *��,,, Code) .0"'9"ee �, �d,..„wee / 33„1 , `sum Staff Recommendation q, k.,Approval %,,,,, . .dSn / 1 7075 dB DNL / t v Staff Planner /667OdBDNL i a."`d �� Kristine Gay $ APZ2 "` l� "� O s ! ,it, N Location g it 1 Northwest corner of the intersection of Pacific o ja"e, Avenue &29th Street ° ,e•°/ D.WI Sue et D0 wee GPINs ./ Dr,91`2` 2428013473, 2428013489, 2428013567 Site Size 0.47 acres AICUZ 65-70 dB DNL Watershed Chesapeake Bay &' .f i, `' ., • Existing Land Use and Zoning District JR4° .. •.,r_ 4. Paved parking lot/OR Oceanfront Resort t " District Ai "" # I Surrounding Land Uses and Zoning Districts 'I. ‘.....-• • r_ • ; North1r 4 ‘ ''i i e, \,,,... Restaurant/OR Oceanfront Resort ` ‘ South # 29th,5ttcei `--• Restaurant/OR Oceanfront Resort = 3 � x j_.;, � •����� .-tom East ��, ', o° St,�.at ' �' ` Motel/OR Oceanfront Resort y n t West ,a,�s 10S. ! . ., '\tasaa...„ Residential/OR Oceanfront Resort ` ,- 2 ` �. . ` I Burger Busters, Inc. Agenda Item 12 Page 1 Background and Summary of Proposal • A drive through restaurant is proposed on the subject site. This site is zoned OR-Oceanfront Resort District. Land use in the Oceanfront Resort District is regulated by the Oceanfront Resort District Form-Based Code (FBC). Per the FBC, the subject site is located in an area of the OR District where drive throughs are permitted, so long as they meet the prescribed Limited Use provisions. Said Limited Use provisions require that all drive throughs be located on the block interior or in the ground floor of a parking structure such that they are not visible from the public right-of-way. The applicant is seeking a Special Exception for Alternative Compliance to develop the site with a drive through that will not meet the Limited Use provisions, and to operate with fewer parking spaces than prescribed by the FBC. • As shown on the conceptual site exhibit, a 2,800 square-foot one-story restaurant and 300 square-foot outdoor dining area are proposed at the south east corner of the site, where they will front on Pacific Avenue and 29th Street. Pedestrians will be able to enter the building from either street frontage. Vehicles will circulate within the site in a single direction and access the site from 29th Street. Instead of 30 parking spaces, as prescribed by the FBC, there will be 16 on-site parking spaces,two of which will be reserved for employees only. • The menu board and ordering speaker will be located to the north of the building. The drive-through window will be located on the west facade of the structure. A screening wall and a 15-foot-deep landscape bed will screen the menu board from Pacific Avenue. Along 29th Street, there will be a 10-foot-deep landscape bed between the parking and the public sidewalk. On the site interior there will be a 4.5-foot wide landscaped median and walkway between the exit aisle and parking spaces, and a 5-foot-wide landscaped area along the west property line. • As shown on the conceptual architectural elevations,the one-story structure will be between 19 and 24 feet in height. Storefront windows will face the intersection of 29th Street and Pacific Avenue. Foundation landscaping, architectural lighting, reveals, and pilasters articulate the facade to the north. Cementous fiber is the predominantly proposed façade material. -> - , '\ OR 2 \ t. Zoning History 1VOINI f OR # Request 1 CRZ(RT-3 Resort Tourist District to A-36 Apartment — • i o 1s District)Approved 05/09/2006 \ 2 CUP(Ice Skating Rink)Approved 08/01/2011 1 • 'o;,• -_-_- 3 CUP(Commercial Parking Lot)Approved 06/12/2012 4 ALR(Row Homes)Approved 06/13/2017 OR OR \ ,, 1 a -raft 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 Burger Busters, Inc. Agenda Item 12 Page 2 Public Input The Resort Beach Civic League submitted a letter of opposition to the proposal.They find the proposal to be incompatible with the recent residential development nearby. Their concerns include the potential congestion/queuing of vehicles on 29th Street, high traffic counts, and late-night hours. They raised a future concern for the precedent this may set to permit more drive-through establishments throughout the resort. The Old Beach Village Condominium Association also submitted a letter of opposition to the proposal.Their main concerns include the potential for late-night gathering and noise. While they support new businesses opening on Pacific Avenue,they find the proposed drive-through undesirable and believe it will negatively impact their neighborhood. This proposal was reviewed by the Resort Planning and Design Review Committee (PDRC) of the Resort Advisory Commission (RAC). A two-curb cut site layout was presented at the December 5th PDRC meeting where committee members asked for additional landscaping and reduced drive aisle widths to better screen the circulation. The applicant made adjustments and presented the revisions at the January 30th PDRC meeting. At this meeting, members discussed the negative impacts of drive-throughs at the oceanfront and expressed interest in a single-curb cut design, but ultimately made a motion to support the site layout proposed in this report which has two curb cuts, since the applicant had made the previous requested revisions. Evaluation and Recommendation When considering a drive-through facility, the best application of the Oceanfront Resort District Form-Based Code, is to follow the prescribed criteria of the code, including the Limited Use provisions which require that drive through facilities be located on the block interior or in the ground floor of a parking structure such that they are not visible from the public right-of-way. The prescribed criteria and Limited Use provisions typically require a much larger site than the subject property. Also, according to the applicant,the market currently does not support the level of improvements required by the Limited Use provisions. Considering the previous mentioned issues, and that the subject site is located within the area of the Oceanfront Resort District where drive-through facilities are permitted (following the Limited Use provisions), Staff recommends approval of this request for a Special Exception for Alternative Compliance, subject to the conditions recommended. Section 7.3.3 of the FBC provides the Review Standards for Alternative Compliance applications, noting that the City Council "shall consider the extent to which the proposed development,taken as a whole" satisfies the standards. Each of those standards is listed below in bold, with a staff comment pertaining to the degree to which the applicant's proposal meets each. Promotes modes of transportation other than the automobile, including walking and transit. The primary focus of drive-through facilities is to prioritize the automobile and provide a level of convenience for patrons by not requiring them to park and leave their vehicle to receive the goods or services they are seeking. Accordingly, the proposed use does not substantially meet this review criteria; however, the proposed site layout considers pedestrians and bicyclists substantially more than typical drive-through site layouts by locating the building at the corner of the site where it is adjacent to both sidewalks, providing bicycle parking, and reducing the amount of parking to accommodate landscaping and an interior walkway. Burger Busters, Inc. Agenda Item 12 Page 3 Creates a built environment that is in scale with pedestrian-oriented activities and provides visual interest and orientation for pedestrians. Drive-through facilities by their nature are scaled to automobiles more than pedestrians. Typically, where drive-throughs are not incorporated in the design of parking structures or mixed-use buildings, a higher majority of a site is used to accommodate vehicles than is used for the construction of buildings or outdoor amenity space. Drive-throughs are also visually overwhelming to pedestrians since signage is designed to be large and visible to drivers who are located farther away and traveling much faster than pedestrians. The applicant has attempted to reduce the negative impact of these inherent characteristics by not locating drive aisles or parking between the building and the street, reducing the amount of parking, increasing the height of the building, and providing additional windows. Staff has also recommended conditions that limit excessive signage and addresses the amount of landscaping and screening that shall be provided. Contributes to a mix of uses in the area that are compatible with each other and work together to create a memorable and successful place. If approved, the proposal will be one of just four drive-through restaurants in the Resort District, and thus will add to the mixture of uses, although this use is not necessarily desirable. Since drive-through restaurants in general use the same building features, menus, and standards of service at each location,the use and the proposed form will not provide a substantially memorable experience. Is consistent with the intent of the regulations applicable to the street frontage in which it is located. The site is located on a Gateway Street Frontage (Pacific Avenue)and a Beach Street Frontage (29th Street). The Gateway Street Frontage is intended to balance the need to move vehicles through the area with the need for walkability and pedestrian safety.The proposal is consistent with the Gateway Street Frontage. The Beach Street Frontage is intended to be a quieter frontage with high pedestrian activity associated with movement from low-intensity residential areas to the higher-intensity mixed-use area closer to the beach. By being located near Pacific Avenue as compared to Arctic Avenue or further west, where residential uses are more appropriate,the proposal is also consistent with the Beach Street Frontage. Is physically and functionally integrated with the built environment in which it is located. The prescribed Limited Use provisions of the code provide a by-right option for this use to operate in a manner which is most appropriately integrated with the built environment.The Limited Use provisions require that drive-throughs be located in parking structures or mixed-use buildings, or entirely hidden from the public right-of-way on the interior of the block. These provisions are designed to ensure that where drive-throughs are developed,the portion of the site devoted to the drive-through is ancillary to the overall use(s) of the site. These provisions help limit the disturbance to surrounding properties and the adjacent public sidewalk caused by light, noise, and traffic. While these Limited Use provisions will produce the most integrated design, when granting the exception to prescribed Limited Use provisions, and given the small size of the site, the proposed site layout is reasonably physically and functionally integrated with the built environment. Advances the goals and objectives of the parking strategy for the District. The proposed use and site layout advance the parking strategy by providing on-site parking, appealing to a high density of pedestrians by being located near hotels and the beach, and providing on-site bike parking where it is visible from the interior of the restaurant and located near the entrance. The City Council shall also consider the potential impacts of the proposed deviation on surrounding properties and the extent to which any adverse impacts from such deviation can be mitigated. While the prescribed criteria and Limited Use provision of the Form-Based Code will produce the most appropriate form for the proposed drive-through restaurant, Staff believes that the proposal and recommended conditions present a satisfactory compromise that considers the adverse impacts to surrounding properties. Burger Busters, Inc. Agenda Item 12 Page 4 Recommended Conditions 1. When the property is developed, it shall be substantially in accordance with the submitted site exhibit entitled "PACIFIC AVENUE TACO BELL, PRELIMINARY LAYOUT PLAN," dated 08/25/2017 and prepared by Blakeway Corporation, with the exception of any conditions stated below. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. When the property is developed, it shall be substantially in accordance with the submitted landscape exhibit entitled "PACIFIC AVENUE TACO BELL, CONCEPT LANDSCAPE PLAN," dated 07/17/2017 and prepared by Blakeway Corporation, with the exception of any conditions stated below. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. When the site is developed, the structure constructed shall have the architectural features, and appearance of like quality and character to the architectural elevation exhibits entitled, "EXPLORER LIGHT, EXTERIOR ELEVATIONS," dated 11-29-17, with the exception of any conditions below. These elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 4. As part of the approval of this request for a Special Exception for Alternative Compliance,the required parking shall be reduced to 16 (sixteen) parking spaces. Employment by this business shall not render an individual eligible for a Residential Parking Permit. 5. The proposed screening wall located to the north of the building shall follow the Oceanfront Resort District Design Guidelines by being designed similarly to the proposed architectural elevations and constructed with architectural materials consistent with the materials used in the proposed architectural elevations.The wall shall be designed to block the menu board and dumpster entirely from Pacific Avenue and as required by City landscape regulations. 6. As shown on the site plan exhibit, the drive-through lane and exit lane & parking area shall be improved with two separate materials or surface treatments that substantially differ in appearance such that drivers are clearly guided to the correct aisle. 7. As part of site plan review, to ensure adequate screening is provided within the reduced 10-foot parking setback,the Development Services Center Landscape Planner may request up to 40% additional plantings than the minimum amount of plantings required by the parking lot street frontage regulations of the City of Virginia Beach Landscaping Guide.To ensure the growth of all plants, all landscaped areas shall be irrigated. 8. As part of site plan review, the applicant shall adjust all drive aisles to meet the minimum width supported by Public Works Traffic Engineering. Residual area shall be used to increase interior or perimeter landscape screening of the drive aisles. 9. As part of site plan review, as supported by Public Works Traffic Engineering,the applicant shall provide landscaping to the north and south of the on-street parking spaces located in the public right-of-way of Pacific Avenue. 10. To limit the disturbance to nearby residential uses, the restaurant shall not operate between the hours of 12:00 midnight and 7:00 a.m. 11. All signage shall follow the Oceanfront Resort District Sign Design Guidelines. No window signage, interior or exterior, temporary or permanent, shall be used. No signage shall be used in the outdoor dining area. Signage shall not be provided on trash receptacles, fencing, furniture, bicycle racks, patio umbrellas, or drive- Burger Busters, Inc. Agenda Item 12 Page 5 through canopies. The proposed screening wall shall not be included when calculating the amount of signage permitted by the Form-Based Code. 12. Pavers shall be used for the proposed patio space.The applicant is currently showing a fence surrounding the patio and a strip of landscaping separating the patio from Pacific Avenue. If desired by the applicant, at site plan review,the fence and landscaping may be removed to provide less restricted pedestrian movement at the corner of the site. If fencing is used, it shall meet the Oceanfront Resort District Design Guidelines by being weather resistant and comprised of low maintenance materials. 13. To ensure this proposal contributes to the long term goals of the Oceanfront Resort District Form-Based Code and the Resort Area Strategic Action Plan,this Special Exception for Alternative Compliance shall be granted for no longer than a period of 15 (fifteen)years. 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. Comprehensive Plan Recommendations The Resort Area Strategic Action Plan (RASAP) is the comprehensive long range guiding document for planning and development in the Oceanfront Resort District. The RASAP recommends creating great districts with distinctive identities, improving transit and pedestrian connections between destinations, creating a transition from the resort to the neighborhoods, and continuing to focus on achieving a year-round resort. Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay watershed. As part of this proposal,the site will become more permeable. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 14,800 Pacific Avenue 15,318 ADT 1 ADT 1(LOS""C") 22,800 ADT 1(LOS'"D") Existing Land Use 2-N/A Proposed Land Use 3-1,414 ADT 29th Street No Data Available No Data Available 1Average Daily Trips 2 Generated parking counts 3fast food restaurant with drive 4 LOS=Level of Service are not available for parking through facility lots Burger Busters, Inc. Agenda Item 12 Page 6 Public Utility Impacts Water This site is currently connected to City water.There is an existing 12-inch city water line on Pacific Avenue,and an existing eight-inch city water line on 29th Street. Sewer This site is currently connected to City sewer.There are existing 21-inch city gravity sanitary sewer mains on Pacific Avenue and 29th Street. Burger Busters, Inc. Agenda Item 12 Page 7 r Proposed Site Layout Sgt .R, nn IR 52 �� mo vIyD N A P O OP pOp O 8 8 O A176'08'08"E 115.97' 01 iii ia� -�! A x Ns $ m n �; nor s `_ : ,. 10) 0.1.8.0.1.8. Z I kk n lI ti L• ^ 6C N. F 16 R. , 1! IRLig TH1T 1p w � w �_ 1 to o U q . g ___I U,.i > ,u 0. - N hl� 4 F ......, 4 . ,... -O , CO J N OpO „ . 1 .. .t 8 C)Z-<n I' 1 ii tO ............ -Om O O !t'PARKING SEIB - 5'BUMP SETEACK - 0576., -r: 1 J ...�;- ,. I I 7 t j O A 20TH S7REEI p I '; A i,: S N (50'R,'w) N P rn x Q o 8. (M.B. 8, PC. 10) g i7 C n n S 7o } Com.. Burger Busters, Inc. 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S i Ili Q a fi € 34 C0 ® il 6 e 1. di p ili 8 y e00 o ®p Silo: _$li sa 6i x , ;e ee e€ eeooeee ®© 8 1 INIIS is e e I 1FIgo/ g z 1iA $a $ � I. 0GeOCGJO8 G 8 F 0 0e _ t 1 ,.� . i ! , s 1 i i 11 ii il ::- IWO ;I:1 ; --57----:--7---. gli br2 hi I ! 11 II 13 Hi I iii:' I !L. , pip!Ilig a hi fi 1 a i ` I of r NI :, `\Is. � q at ? �� 1 ¢ 4°t t...„ 5,1 flii At ,Y.I r rD -.-_. © !:i fib ; 1 1 H IL:, e - 1 ' ' 1111. =a f 88 '--- --' --- i -ii W a f r s o I iiJ J lo11 I {{ ik !:' 'ti qqs , I1I1IIII! UL i 1 r i 'L g1 _�_: s VIII '11111111T ,. 61 — Cill1111111111; Burger Busters, Inc. Agenda Item 12 Page 10 Proposed Architectural Elevation S • ' 6 I4. k P: c I r __L - Li ill .....)0-1 T11 . a ' O ' I , `I 0�to 1 .I ®� C3 , I� I I I 1 t I L I $ JI 1 D q CD _ 7. L U Y ';t I a .---- i a: ;1 t B ; i A.; _ 4 t -t**` — 71 CGS z , '° I u I a� t i i } 1 I I (I -- I __ a E !i I i ._ MEM 4- l& 1 • E 0 futli. I 1 . j p 2 1 .1 t .A . t Ai ‘ n = CB u —+-- J, 0 1 10_ - g 1 11111 1:, i I I . I JI y4 1 I 1 l U it _ I. I Is,V 141 lit ; —' ,"r --1e EE `eek Burger Busters, Inc. Agenda Item 12 Page 11 Revised Site Exhibit Submitted by Applicant (Submitted after Planning Commission) ‘::‘111111. + r 0, • - - 1_\_ -------,-: k (i`i c. _ _ } , \ s I, -1 / s„,.:,c-) 0 a jt I i — • J, , I I — , - ate- `' .-.. ...-. .A r''$ t „ — Eq> fir , �` �a .. y'.1_ 4• • s —` `'. ,1 \` 3 /� 29TH STREET (60'Rjw) (41.6 8. Al. 10) Burger Busters, Inc. Agenda Item 12 Page 12 Revised Elevation & Wall Detail (Submitted after Planning Commission) IMAI srttN r OW Al vUT1uL WALL-\ AC(,TM ITYP) I ....4 mt,.V ALI PARTIAL FLOOR PLAN WITH SCREEN WALL I.+' ,r I A A-: �O FM/.{VG� — 19.6 _ 1OfMANG� 81 E `cis LElC� M I1rfF50N CYI a'CU NAM SCREEN WALL sf01&c \ - ry x"39 i O SCIFIN WALLva4 1- _____.__—___-__ .�_ __ _ ________.—._" 1110NTlN►[ELlVATIONWITNSORS>OIWALL IM-Pi 1 4'CULTURED STONE CAP �,;7 r MIMED F 1.4 V ` _ _ _ ELB�'a STONE GP '. •{ TO.CMUv h gaill EL 6i' 4 � TO L1R1� ,,:,x 1 III SWI6CUU-SCLU 1 GROW NL COW S. PE:STRUM _ II�y .4!4! 11?E1 F$TO WON 11?EIS S.TOUATOI SW)TBTS:TSGPE' ENNO PACEF1`WSTE' (WNW CAW•BOW �%- BrBA16 CMU-SCUD °ROUT NL OOZE& WAIT AIL COFER RE:SINUCT.----------`_ "r RF-STFA)C1 11 111 11 I5 HOLT[BLRW .� AS HMI/INN E. n�� �F. IrIP A UEl NFI NI 1W IM82 FOR TVGICA1 TOGBYOIEa<l/T _{ Er BSTALLRTYRCN EES NSTALLATCN PTF$F$TN.1A.TgN 1-:'` :.}1}- I- 3 • S•+E rL( , EFS STARTER TRACK EES STARTER TRACH pHC1.ES _ WI WEEP HCLES 'a STD WARD TRANS ON STO GUARD MONITOR AEI RAZE(TVP.) E�{�1 AE6IURRAIE(TVP1 4` EL 0-17,1k. E34 - _ Fl dl1'� ''1. T.0 WWALLPOUND. •.._ o, .,•-4..;! TO.WALL FOUND. ..,.1';. RL:S1R1CI.FOR It:snaxa I OR °-,'��li'- -f� :V.` . WIENWNI ..•`4 SClEE.N WALL . 1•Ir RE CMi FOR GRADE FOLNMJION �:CIVIL FOR POUND IDN CONDITION AT EACH CONDITION AT EACH SCE OF WNL SDE 171.WNL SCREEN WALL SECTION AT ACCENT 14.1.5- E TYPICAL SCREEN WALL$ECT1ON 3`1'-1 a 0 Burger Busters, Inc. Agenda Item 12 Page 13 Revised Elevation & Wall Detail (Submitted after Planning Commission) 1:' 2,- '4, t41 t -1 ti t it . i F I • i.. . Ili .....\.. •11 retel al ...... ...."0: . t. 1 mak . , re- • , i'ci 1 a - - — it slt 1 1 Iiota,I • --• •- I iritOVO. 44 0.- i , . ; . , i I i. • a 1 it 1 ..0, ••,•: 1 _,,,, __.,../.:- --- • - — .-. '4.;'.,,, - l''' " • L 1_,--E— A .,...,-;-.-11_J -, . , I .f '---" T1-.1_ . ....'-' ,ii.' — 3, :,i ,•, -- , .—, , •.; 1 '. •• • ' tt.(41 1,431 , ti ;,. — _-+--:: ...•. : ,..i 1 '. it 1 rv."' .... -4-- : ...• li --'-'- . -§ xi • ,r, i 111 , _____ •.• .•. i -:1-, -- :., --A.' 'I'•-• 1 ii ? , 1 r ' . ., 1§ -•.: P ? a -- 7:.,, ",:..r' MIME El' I I I) il L •pj .-----a li I ! g, ;• !I 1 n 9 9 9 177 :=11ThAll e, r, ti e , . 0 e.: ., Burger Busters, Inc. Agenda Item 12 Page 14 Disclosure Statement Vi r inn t !kiwi; APPLICANT'S NAME Burger Busters, Inc. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all application that pertain to City real estate matters or to the development and/or use o property in the City of Virginia Beach requiring action by the City Council o a board, commission, or other body appointed by the City Council. Sucl 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 '_F©R CITY USE ONLY/AU dosclosurec must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and Crib Council meeting that pertains to the apolication(s). APPLICANT NOTIFIED OF HEARING DATE: 03/01/2018 KG a NO CIIANGES AS OF DAT[: 1.0 1.14 ��•" arolyn smith ® REVISIONS SUBMITTED _ DATE: Burger Busters, Inc. Agenda Item 12 Page 15 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here if the APPLICANT 1S a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: BurgerBusters 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) Tassos Paphites, William Dragas, and Christakis Achii1eos (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here lithe PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X 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:Balboa, LLC If an LLC, list the member's names: Page 2 of 7 Burger Busters, Inc. Agenda Item 12 Page 16 ✓R .,_ . :,tn X. 3. ..° {k !M e��`� ``2 �,, ` d c7'r ns "" a G, < .� .7�':r:.- a i ! a 3 fh 't✓ "'` .• z . . , 7 • j { •�; ) �, t /E ,,(r E Sr r _ {� k t'V ff,3{"! 2 k,.. }a,'�isyt.�i'}fjv Jt 4 r.4 g'.1a z$ .rrc ,� t • i� tjh' k dt Y fa. tl �dY` ftjr ' S Y t !• V tri .• } t . Y, s` { } r - Yf J 'F, y btXwsa " tcT^9TX .,--,�, �+ro 1J �i i t J� y`ffy S 91, d y ..`_ !•a'x'r'-�.-..r .tc :N a arayp If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Richard Doummar and Vivian Doummar (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) BurgerBusters III, LC/BurgerBusters IV, LLC/BurgerBusters V, LLC/ BurgerBusters VIII, LLC/ BurgerBusters X, LLC/ Restaurant Property Investors, LLC/ Restaurant Property Investors II, LLC/Restaurant Property Investors III, LLC/Steaks of Virginia, LLC & SOV, LLC. i "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more.than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (I) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2.2-31 01. 9 0 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the aapplication 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 Disclosure Statement APPLICANT Virginia Beach PROVIDER (use additional sheets if YES II NO SERVICE - neededL__-.- riI I Accounting and/or preparer of Wall, Einhorn &Chernitzer, P.C. I f your tax return ❑ Architect / Landscape Architect/ GLUM Architecture Land Planner Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed rj purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors To Be Determined I ! Engineers/Surveyors/Agents !Blakeway Corporation Financing (include current mortgage holders and lenders ( selected or being considered to provide financing for acquisition or construction of the property) Legal Services Fagged l Frieden,P.C./501•s,P ;BiaVtt,e4 Real Estate Brokers / \J M Agents/Realtors for current and t/ anticipated future sales of the suject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have © an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Burger Busters, Inc. Agenda Item 12 Page 18 Disclosure Statement NA-3,,=..)- Virginia Reach __ _______ CERTIFICATION: I I certify that all of the information contained in this Disclosure Statement Form is I complete, true, and accurate. I understand that, upon receipt of notification that the application has been I scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, NMDA meeting, or meeting of any public body or committee in connection with this Application. 4fr\ Z%aV>f)4A �, 1.40,N.11-0 _______—_ fit APPLICANT'S SIGNAL RE PRINT NAME DATF Burger Busters, Inc. Agenda Item 12 Page 19 Disclosure Statement 1A3 OWNER Virginia Beach YES INO1 SERVICE PROVIDER (use addtional sheets if El Accounting and/or preparer of Desroches&Company your tax return MArchitect / Landscape Architect/ Land Planner Contract Purchaser(if other than the_Appiicant) - identify purchaser i and purchaser's service providers o- Any other pending or proposed ® ! purchaser of the subject property (identify purchaser(s) and purchaser's service providers) XI° Construction Contractors L� ; Engineers / Surveyors/Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 15(1 Legal ServicesFine,Fine,Legum&McCracken,LLP Real Estate Brokers/current Agents/Realtorsfoand anticipated future sales of the j subject projertY__. SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Reach 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 6of7 Burger Busters, Inc. Agenda Item 12 Page 20 Disclosure Statement g\i/B Villiniah !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 ' 1 provided herein two weeks prior to the Planning Commission, Council, VBDiV meeting, or meeting of any public body or committee in connection with this eyr I r s ., Y j (' ( 1 1 ? 7 9 , i , .,_,,,-,. ,_ ,,.. ./e, d...:11,__ALI.I I) PROPERTY ER'S SIGNATURE PRINT NAME ,/ DATE li_ Burger Busters, Inc. Agenda Item 12 Page 21 Item#12 Burger Busters, Inc. [Applicant] Alternative Compliance (Sections 2.6 & 5.3.8 of the Oceanfront Resort District Form-Based Code) Corner of 29th Street & Pacific Avenue District—Beach March 14, 2018 Carol Dozier: Item number 12, Burger Busters, applicant Balboa LLC. Mr. Thornton: Have a nice day. Mr. Redmond:Mr. Chairman, I need to recuse myself on this matter,I am under contract on behalf of a seller as the broker with this applicant on another site in North Carolina, so cannot participate in it, so I will go ahead and take my leave and wish you all good luck, thank you. Mr. Thornton: Thank you, enjoy your afternoon. Welcome Mr. Bourdon. Mr. Bourdon: Thank you Mr. Chairman. For the record,Eddie Bourdon Virginia Beach attorney, representing the applicants and the property owner. With me this afternoon is Mr. Garry Franks who is the project engineer with Blakeway and Will Ellis with Burger Busters. The application is to redevelop an existing commercial parking lot on Pacific Avenue at 29th street adjacent to Murphy's Restaurant. The plan that is in your package recommended for approval by staff, we have slightly revised and I will explain that in a moment,but I have provided each of you with that plan along with letters of support and a petition with 100s of names of people who are very supportive of this application. I am going to thank Kristine Gay for her work on this application; we have been working on this for quite some time as well as the Public Works staff as well with the 29th Street CIP project. The applicants, my clients,went to the PDRC committee of RAC back in December and were provided with feedback on their proposal and a number of suggestions and items to change, to modify, to improve the plan. They went back [to PDRC] in January with all of those changes included in the plan and were approved, they acknowledged, you know, voted, you know, we did what they asked us to do, and that's the plan that's in your staff report. In that meeting, Tim Barrow mentioned that he had concerns because we had a 20 foot wide exit, and that people might try to turn in to the exit. So that is the reason why we have narrowed and changed slightly the configuration. This is the way it had been designed, it had been configured. He expressed concern that traffic coming would, might, even though we would have some signage, that this might be too inviting. So what we have done, with the plan that you all have, we narrowed this to 17 feet and we have added some additional landscaping and tapered it back against the building as well just to try to better define this for folks who may be approaching in their vehicle and that is an exit only. There will be,you know, small signage that's indicate that as well. But that is the only change in what I handed out to you all this morning versus what is on the plans that are in the report 1 and they are up on the power point. The two, the access, the way it shown here, my client believes provides much better safer, cleaner circulation on the site and that's why we prefer what is before you,versus what we can talk about later.What's happened since that time, we were not invited to nor did we know anything about the February PDRC meeting,they were going to then,you know,start talking about possible other ways to do this, which is a little disconcerting but we are not going to argue with anybody. You know, everyone is entitled to their opinions. The plan, if you can show the elevation real quick, this is the result, this is not like any other Taco Bell in the area to say the least. All facing Pacific Avenue, this is EIFS, this is EIFS,just different styles. We have lighting out here, it does not show up real well on the gray, and windows. These are powder coated aluminum slats up here on this wall and then this feature is a CorTen steel, it's a US steel has, the patent on it and it is made to look a rust color and will you know maintain that color for a long long time, as long as this will be there, but that's a steel feature on the corner there. As the Form-Based Code suggests that we not have any visibility for the parking, there is an 8 foot wall that goes all the way across so it's an entire solid frontage, that wall is set back with the lot of landscaping which is on the plan, you can't see it on here, that wall would be EIFS to match the building, you know, matched with same color, same material, but that wall runs all the way here, back down and all the way across, so there is no access here. It's all blocked off with all the landscaping. That's all you'll see. You get the sidewalk out on Pacific, additional parking has been provided on Pacific. There is also parking on Pacific to the south as well and then we got landscaping and we got the outdoor, small outdoor sitting area that can be accessed. Doors facing Pacific and on 29th Street. In the parking lot,we have got a sidewalk here so you exit your car,you don't have to cross any traffic, you just go right down the sidewalk across to go into the restaurant to Taco Bell. Dumpster back here in the back. Employee parking. 16 parking spaces on site. The area where the employees would you know access and leave, again,because of the wall, it's secured and it's not at all anyway visible from Pacific Avenue. This location will get a tremendous amount of foot traffic coming from the east across Pacific Avenue as well as coming from the North and South down Pacific and then there will also be some pedestrian traffic coming from the west as well. Our property abuts property to the west that, this property here, is zoned, is owned by the Vakos's family. You have a letter, they support this application. They have only asked one that we agree to close the drive through at 1 a.m., which my client agreed that that is exactly what we will do and we would appreciate if that condition could be modified to so state. Mike Levingston and the Yee family, he represents them, they own the property here and Murphy's. They also support the application. They have no objection to this application whatsoever. Brad Waitser and Brian Large are developing town house condominiums to the west of the Yee family, they are clients of mine, I represented them on their rezoning that you all approved, actually a subdivision variance, I should say you all approved about seven months ago,they are in the process of developing now. They support the application as well. And then we have Chicho's to the south, they and their owners have no objection to this application either. There are going to be 13 on-site parking spaces on the north side of 29th street when it is completed and as 2 I said, we got three spaces that we are providing in front of the restaurant, there is also on-street parking on Pacific heading south in the next two blocks, there is existing parking across the street and then catty corner is the large city parking garage and then there is a parking garage on 31st and 32nd street as well. So there is ample parking in this area. There would be lots as the McDonalds and Wendy's have, there will be tremendous amount of foot traffic that will come to this restaurant and we are not anyway inhibiting that because we have no access from Pacific Avenue as do the other fast food restaurants who are on Pacific access from Pacific 21st Street in the case of McDonalds as well as Pacific and the Burger King has all of its access on Laskin Road, so ours is off the main thoroughfare and off the area where the most foot traffic will take place as staff asked us to design this. The conditions that have been recommended, we have no objection to them, they are very, you know, they are very extensive, we will irrigate the landscaping, we will have the landscape screening on 29th Street that will also be irrigated and down the parking, in the middle of the parking lot. Of all the conditions, the only two that we have a problem with are the condition number 10, this restaurant can go here, a bar can go here under a Form-Based Code with no restrictions, and no alternative compliance application open until 2 in the morning as is the case on either side of us. We therefore don't believe that it is anyway fair or reasonable that our restaurant has to be closed before 2 o'clock at night. We are not serving alcohol and we gladly accept the condition that no alcohol would be served here, although, some of you would prefer that that would be the other way around. But what this is about, what the alternative compliances is about, is the drive-through. So we certainly don't have any aversion to having that restricted as our abutting neighbor to the West asked that they close at 1 o'clock. Just for your information the Vakos family they are in the process, they have plans, I have actually seen the plans, they are going to be developing a multi-story apartment building with first floor is parking garage basically underneath and the building on top which is four story on top of that and so. They are not concerned about this because they understand it's an urban environment, year-round residence that's what we have been trying to create at the Oceanfront. That's what we have created here and our creating is a year round environment and Pacific Avenue is the arterial highway of the Oceanfront, it's the only north/south road we want people driving on and if we can't put this on Pacific Avenue at the gateway, the Laskin Road gateway which is actually an intersection of the north end coming down Pacific Atlantic and Pacific where all the year-round residence come down and Laskin Road coming in that serves all the people who live at the north end, all the people who live back on Laskin Road and as well as people down Shore drive, who don't want to go all the way down to Hilltop to go to a Taco Bell. So it's for not just the tourist but it's also for people who live here year-round, which is what we are getting more and more of at the Oceanfront and we all use drive throughs in bad weather even you know, my wife and I, we can go to the beach, we ride our bikes, but not during the dead of winter and we would probably go and eat but we might use a drive-through, and a drive-through is not a devil as some people I guess think it is, we can appreciate it. So my time is up. I am happy to answer any questions? Mr. Thornton: Any questions for Mr. Bourdon? Ron? 3 Mr. Ripley: This morning they showed another alternative for curb cuts from two to one and I am indifferent really on either one, okay, I will state that but because I think either one will be fine as far as I am concerned. But the parking layout on the angle tends to, in my mind, lend itself with the one way traffic through an easier maneuver for the vehicle to park back up and move in the direction it needs to go and also makes them go that way versus backing up and going back the other way and you might a lose space doing that but would that be something that you would be able to consider? Eddie Bourdon: I am sure, my client will be willing to consider, you know, looking at doing that and if this winds up,which we don't think this plan is as good it loses two parking spaces and we think it will be hard on people to understand the circulation and think there will be some conflicts internally but we certainly, you know, we will look at doing some angle. With the plan we have with the 14 spaces, we don't believe there will be any problem anybody maneuvering in or out, but I do appreciate what you are saying, we would take that, you know, concern back and if council agrees that they want angled parking then that's what we will do. We are going to be at their mercy. Mr. Ripley: As far as the recommendation coming out of here, would that upset you? Eddie Bourdon:It's not going to upset anyone, no, I mean, it's not going to upset us. Mr. Thornton: David? Mr. Weiner: Mr. Bourdon, I understand what you are talking about but with traffic engineering coming, it's a safety issue more than anything having one curb cut, I don't understand, to me it's a circle anybody can't get that to get in and out, I don't understand why there wouldn't be a problem? Eddie Bourdon:I am not sure, I am going to give you point of view,here you have vehicles coming in, alright, where folks are trying to come out from the drive-through, and/or not having, you know, people who have just parked and eaten, so they have got to come here and cut across to get out and in very close proximity to where vehicles will be coming in. It's basically trans, and you wouldn't, people don't, people aren't going to have that expectation, because you don't see this, I mean, what we design, we have, we don't really see that often but you know, I have been in something similar. This, because you got people having to crossover when vehicles are coming out, coming in, and then try to maneuver over here and get out,versus just slide out here and block the entrance which is again something that could happen, that's the concern. That this is a tight configuration and an unusual one that people aren't going to be at all used to and that's the reason why we believe the other one will create far fewer conflicts, granted, the conflicts here to some degree will be on site but if they occur, if there is a fender bender then it's going to potentially cause some backup into the road, so again it's we are not talking about night and day here,we are talking about grades but we don't believe that that's the best way to develop the property from a circulation on-site perspective. I have recognized there is a balance between different things that we are all trying to balance to figure out, you know, what the best way to do it is, so 4 it's not an argument but that is our feeling that this will have bigger issues than the other will have. Especially if we narrow the exit so that it avoids, you know, reduces any chance that somebody not paying attention and tries to enter to the exit. Mr. Thornton: Any other questions for Mr. Bourdon? Thank you. Eddie Bourdon: Thank you very much. Carol Dozier: We have one speaker in opposition. Eddie Bourdon:Did I mention the other condition about the 25 years or 15 years, I didn't, I am sorry. The last condition is not one that we can accept because we have a 25-year, Burger Buster has a 25-year land lease and a 25-year franchise agreement on its desk with Taco Bell, so we can agree to 25-years but we would not be able to agree with 15 years restriction on the drive-through. Mr. Thornton: Thank you. Carol Dozier: We have one speaker in opposition, Ms. Pope. Bernice Pope: Hello everybody, thank you for having me. My name is Bernice Pope for the record. I am a property owner at Old Beach Village and I am a member at the PDRC, which I am not representing PDRC at this, you know, at this meeting. I am opposed to a drive-through restaurant on that corner of 29th Street and Pacific Avenue for several reasons. One, I would like to mention that section 5.3.8 of the Form-Based Code requires that a drive-through facility not be visible from the right of way. While, they have located the ordering kiosk behind the screening wall and building, it will still be visible as well as the queued vehicles, from 29th street. Per chapter six of the Form-Based Code,23 parking spaces are required for the proposed footprint, only 16 spaces are proposed as part of the request for special exception for alternative compliance. The other, one of the other big reasons is that more than 70 dwelling units are located on this block at this time, and of course there are 100 condos at Old Beach Village at this time that community has sent in a letter of opposition on this project. Also, the property in front of Harris Teeter is going to be developed with apartments that will be a couple hundred apartments, they mentioned that the development of the new condos are going to be there. This is primarily a residential neighborhood. The drive-through facilities by nature have a high turnover of vehicles;traffic will spill on to Arctic Avenue and avoid dealing with Pacific Avenue for both north and south vehicles. This will negatively impact Old Beach and the existing proposed dwellings at the north 30th street. We should follow the code more precisely and only permit a drive-through in a parking structure with mixed use buildings. It is my understanding that the reason that a drive-through was permitted in the Form- Based Code as it currently reads is that it states that it's in a structured parking garage,that would make it not totally visible,that's the reason why it was approved for the Monarch Bank on 31st Street. This is clearly something that is not in a parking garage, it is not really something that a Form-Based Code is looking for with pedestrian friendly, walkable, bikeable, pedestrian traffic. So the fact that a 5 drive-through, no matter what they try to do with the plan, it's still going to have these cars circulating throughout,it's going to be open late at night with traffic and noise, and the noise from the kiosk, and everything else from, so it's something, that's the reason why the PDRC wants to take another look at the Form-Based Code as to see whether there could be some changes made down the road with maybe not having that option. So I just kind of, I am very leery about allowing a drive-through at this particular time because it's something number one that is really not what we are looking for at the beach, especially it's not the place for a drive-through. Drive-throughs, there are places that would be more appropriate for Taco Bell to locate, nobody is really opposed to a Taco Bell, they are just opposed to the drive-through. Mr. Thornton: Any questions to Ms. Pope? Thank you. Bernice Pope: Thank you. Eddie Bourdon:I certainly appreciate Bernice's perspective as a resident of Bay Colony. The Beach,the Resort,is not,you can use a term residential neighborhood,but I would suggest you that a residential neighborhood in some people's mind conjures up Bay Colony, Linkhorn Park, even the north end, Linlier, Birdneck Point. This is an urban resort that we are creating with high density residential components, such as the apartments that Bruce Thompson,beautiful apartments,he has built that are on top of wing,what is it Summer House,but it's on top of the wing place, Buffalo Wild Wings, and a lot of other, you know, places that are open until 2 o'clock in the morning.And we have Smartmouth Brewery right across,you know, from The Summer House. We have got clients of mine that are buying properties in the Sea Pines area right in the neighborhood across the street from Smartmouth and Brian Large built townhouses directly behind the drive-through at Burger King that sold for very substantial prices and the people perfectly happy living there. We've got to recognize it, you know, this isn't the typical suburban neighborhood not by any stretch of the imagination. This is something that in our resort we need, there is a lot of demand for it and it's not just by people who come here, it's by people who live here and will live here and by the time this gets to council, I will expect we'll probably have quite a few more 1 OOs signatures than the 500s plus that you have today. Now, there needs to be regulation, but I would disagree with Ms. Pope, I don't think there is a better place at the Oceanfront,than here, for this use. This is at the gateway,that's why we have Harris Teeter and Farm Fresh, both of those in this gateway. And this is on Pacific Avenue, you know, other than the apartments over the iFLY that the Breeden Company has built, I am not aware of anybody building multifamily right on Pacific Avenue other than Mr. Thompson. He had a big ole piece of property to do it on, this is just a small piece of property. That's not it. So this is an ideal use in this location because it will capture traffic from the people who live here at the north end, people who live down Laskin Road, coming to the beach, they are going to park in the parking garage and this is somewhere that's walkable, it's somewhere my wife and I would come up here, we ride our bikes down to the PACC all the time and you know we ride our bikes to Mojitos a block away on Pacific Avenue, but it's on Pacific Avenue, no one suggesting that it should happen down 29th Street to the west,but Pacific Avenue 6 is not a great location for them having a parking garage there. I mean a parking lot there. It's all traffic oriented there and it's not anything attractive,it's not anything that serves much of a purpose, you know, other than we needed this transitionally while we build these parking garages but I disagree with you know with the idea that there are better places, I frankly think, there is no better place than this. Possibly 32nd Street, but that's at the other entrance to the gateway,but that's not allowed under the Form-Based Code that is one of the restricted areas,we certainly don't want to see at 17th street, we are not going to see at 19th street, so this is really the best place for it, it is something that the resort absolutely needs, it's missing. It's the leading, you know, quick food vendor that's out there that we don't have, and there is demand for it, and we think that they, we have a respectable local owner of both the property and the company, they are going to be somebody that, if there are issues or problems, you will be able to get to them, it's not somebody from out of town or out of state. Mr. Thornton: Thank you Mr. Bourdon. Any question for Mr. Bourdon? Thank you. Being no speakers, I will close the public hearing and open up for the Commission to offer up comments and questions and dialog amongst ourselves. Mr. Weiner? Mr. Weiner: Mr. Lowman can I ask you a question please, I know quite a few times we go against what staff says and recommends but when it comes to traffic engineering, I tend to listen little bit closer staff does a great job,your thoughts on that one cut, I understand Bourdon's talking about the cars crisscrossing leaving the drive- through coming out and the cars going in...what is your thoughts on that, traffic engineering's thoughts on that? Richard Lowman: Like he said it kind of pushes the conflict to the interior of the site versus on the public roadway, so we much rather see that type of an issue on-site rather than the public right of way, so that's what we represent. Mr. Weiner: And your thoughts about the one cut instead of two? Richard Lowman: Originally, we said that we could live with the two, we didn't know that the option was there for this one. If you put the two in front of us to say which one do we feel is the safer and is in a better interest of the public, we would choose the, you know this option here,(single curb but)but we did originally say that the other one met minimum standards albeit there is you know there is one substandard thing about it which is that you know the one way pattern is to kind of reversed. Usually, you come in the first entrance and you go out,you know,you come in on the right, you go out on the right, this one will be, you know,kind of reversed. So but given the two options,in the interest of the public,this is the option(single curb cut)that we would choose because it does put the conflict interior rather than exterior. Mr. Ripley: So what's the movement you prefer, if you are coming out from the drive-through or coming around from after parking? You want them to come across the lane, there, and then come out? That's what you're looking for them to do? Richard Lowman: Yes 7 Mr. Ripley: In other words you don't want them to make a sharp pull to the curb to the east, because then now you're conflicting with traffic coming in, so there is a little bit of confusion, what do you think? Richard Lowman: The exiting traffic here and again we don't get too much, traffic engineering does not get too much into interior circulation, only as it affects the public right of way,because we are not designing the interior and the circulation patterns for them, but if they did wait for vehicles to come around the corner here, they will queue up here to wait to get out whether they are going left, whether they are going right,we like this location for the exiting,because it's further away from Pacific Avenue and it's safer because it takes the conflict away from closer to the intersection to further back interior to the block. Mr. Ripley: I get that. It seems a little confusing to me right there but if they had it as the way the applicants has drawn it, I mean, is that, you can work with that? Richard Lowman: It still meets the minimum requirements of the city, meets the bare minimum and generally with the high turnover restaurant like this, we try to get little better than just the minimums, but it does meet the minimums. Mr. Ripley: What minimum does it meet? Richard Lowman: I believe that we looked at this in 25 feet is the minimum separation between the entrance and the corner like I said its 25 foot minimum. Mr. Ripley: Okay, So, that's what I thought you meant but I wasn't sure. Richard Lowman: Yes sir,you know,again it's a high turnover site, and we would like to see more than a minimum, but. Mr. Thornton: Commissioner Oliver and then Commissioner Horsley? Mrs. Oliver: So Rick, when we talk about the minimum here from corner to the curb cut, the numbers for your minimum that's just for a typical corner of street traffic load not like June, July, and August in Virginia Beach, I mean, that's a different intensity especially with the traffic light about a block and a half north of that where we got two traffic lights north of that were backing up causing, you know, the traffic on Pacific as it starts bottlenecking right there. Richard Lowman: Right, you know, to me it's, the summer months are little heavier on Pacific than 15,000 as far as daily traffic on Pacific. 29th Street is not a very heavily travelled street,there is not a whole lot of cars that turn up that street anyway,except to go the businesses that are on that street, so it's not a big cut through street between Arctic and Pacific Avenue, it is what I am trying to say, so it doesn't see a lot more summer traffic than it does winter traffic on 29th Street, but Pacific Avenue definitely is a little busier in the summer and the fact that it's high turnover meaning cars are constantly coming in and out does, you know, give us a little bit of concern, with using just the bare minimums. Mr. Thornton: Don? 8 Mr. Horsley: Rick,it just looks to me like looking at the plan that Mr. Bourdon gave us compared to the other plan we saw, I do like the parking places in an angle spaces, I think that's a good amenity, but it looks like to me that this is a far simpler and less confusing route for the people coming in and they go around and they go straight out versus coming in, going around, and then having to work their way back through the incoming traffic to get out, looks like to me that it would be far less confusion to go straight out with the two curb cuts. Richard Lowman: Again the reason that we, it may be simpler for the traffic on the interior this site, but public works traffic engineering we're concerned with which option is going to be better for the motoring public and for the public right of way. Beside from the Taco Bell customers, we feel like having this egress point further back, away from Pacific Avenue is the better of the two options. I am not saying that this isn't a simpler one for the Taco Bell patrons,but my job is not to recommend what's best for Taco Bell,my job is to recommend what's best for the city,the public right of way, that's fair. Mr. Horsley: Well, I will accept that, I guess, but I still think that this looks like a far simpler traffic pattern than this one. Richard Lowman: You know when they are faced with no other situation except for figuring out that they have got to come out here, I mean there is nothing else for them to do, it's not like there is anything else they can do, they have got their tacos and they are sitting here, they are going to get out. Mr. Thornton: Unless you give them a Mojito? Richard Lowman: He said no alcohol. Mr. Horsley: I just think there is something that can be done to that entrance the other one to deter people from wanting to turn in there and I would just think the other one is by far simpler, I will think you will have less fender benders and whatever they said we're going to keep them on the property. Richard Lowman: I will say this that city traffic engineer normally does not like one way access points, he did take a look at this and say if we did the two one way access points, then he will be okay with it. Again, that was before this option, we would prefer this option versus, you know, the two entrance option. Mr. Inman: Looking still at the one entrance option, entrance/exit options, we are looking at there, it didn't matter to you which side becomes the exit side and which side is the entrance side as far as the design? Richard Lowman: In general, cars are going to hug the curb, you are going to stay on the right side of the road, and we would rather not have the cars flip flop. Mr. Inman: Well, I am saying, suppose they said were just gonna keep them on the inside track as far as exiting, and enter on the left side of that opening? 9 Richard Lowman: That would be chaos because cars generally hug the inside and when you exit, you exit to the outside, and you always stay on the right. The only one I know of is McDonalds. Mr. Inman: If we go with that, we need to make that a condition? Richard Lowman: Oh absolutely, it's driver expectation. You will end up with safety issues if you do that, McDonalds on Pacific Avenue not ideal,but they have got a setup just like that, and you can go out and see problems with cars turning in and almost hitting people coming out because of the drive through, but that's grandfathered in, it's old. Mr. Thornton: Any other questions for Mr. Lowman? Thank you, questions and comments from the commission? Mrs. Kwasny: So I wondered if I could ask Kristine a question or two. Mr. Thornton: You may. Mrs. Kwasny: Can you clarify again for me the special exception and what that is supposed to mean when we apply it? Is that a matter of providing a benefit to the area through the development? Just so I can better understand how this complies with the expectations of that? Kristine Gay: The special exception for alternative compliance is there to give developers an opportunity to provide a development that is above and beyond standards, but may deviate from that prescribed criteria because the Form-Based Code does have more prescribed criteria than your standard zoning district, like residential or business. In the staff report in front of you and in section 7.3 of the Form-Based Code, there are specific review provisions for alternative compliance, it talks to being functionally and physically integrated into the surrounding area, supporting multi- modal transportation,being consistent with the intent of the regulations of the street frontage, advances the goals and objectives of the parking strategy, advances the goals and objectives of the Resort Area Strategic Action Plan and creates a built environment that is in scale with pedestrian oriented activities and provides visual interest in orientation for pedestrians, and then also contributes to mix of uses in area that are compatible with each other and work together to create a memorable and successful place. Mrs. Kwasny: Thank you. Mr. Thornton: Did that answered your question? Mrs. Kwasny: Yeah only that I find a number of them which is just generally the way it works, a little subjective,in that I am not sure,I find what's presented in front of us as adding to the memorable aspect of the area, and I understand it being the gateway,that also is a concern of mine because I am not necessarily sure, we want the gateway to be automatically going in opposition to the plans for the area in general, so that doesn't necessarily make sense to me. But you also write in here that the prescribed criteria and limited use provisions typically require a much larger site than the subject property, also according to the applicant the market currently does not support the 10 level of improvements required by the limited use of provisions. Considering the previous mentioned issues and subjects that is located within the area except for the fact that the limited use provisions weren't applied so some things have been done that I guess you have balanced out there? Limited use provisions have not been met, but something else has been done that allowed for that to be. Kristine Gay: What we are saying, is if you are in support of granting the special exception to that criteria that they are not meeting, the design, the site layout that they are proposing does come further to balance the pedestrians,prioritize the pedestrian a bit more, it does provide a built environment that's more in keeping with the area than that standard typical suburban drive-through layout would be. Mrs. Kwasny: Okay, so I guess for me, I don't know if it provides for that pedestrian aspect that seems to be a goal and I am concerned about that safety issue with the curb cuts, the two curb cuts, that's a concern of mine and, listening to Rick, it continues to be a concern for me. I also think that you know,we create some guidelines for an area that are pretty specific, and have great value to the area, I do feel as though we have got two groups that came forward with opposition who are most directly affected by it, and for me, those are concern, those are big concerns, so I am not leaning in the direction of recommending approval on this one at the moment. Mr. Thornton: Ron? Mr. Ripley: Well, I beg to differ because I think the use of the site, it's the side of Pacific Avenue, it's not an easy area to develop, and you don't see any residential as I think the counselor pointed out.You know,the alternative provisions that are put into the code were intended to try to if you had an application to amend how could you make it so that it looked and met those criteria that's in the plan, and I think they have done that. They pulled the building up close, it has a tall feeling to it, it's urban feeling, and they blocked the view of any of the, you know, you have the right, I think we heard somebody said, I think Ms. Pope said that had to be in a parking garage, whether it could be in a parking garage or be located in the block interior is the other exception and that's what this is, and they have managed to I think buffer and screen it very well, I think the activity up on the road with the outside patio makes sense, and I think that if you slant the parking, I would like to see that done, but I think the two curb cuts is the easier of, it will make the site a very simple site to work, and I think I heard Mr. Lowman say that either one would work, he would rather have one over the other but prior to seeing that, I think they were pretty much okay with that, and then the way this new site plan, this was brought into us this morning even buffers the view from 29th Street a little bit more. So that really you're not really seeing it from only that area and it's really reduced area on 29th Street, so I am inclined to think that, you know, I think the staff has worked really hard with the applicant, and looks like the applicant has worked really hard to try to meet the intent of the code and I think it's there, and I think it's a good use and I think it's,you know, you don't see a lot of these down on the resort area, and if they do come down, they have to come through this process, and it's not an easy process to get through, so I think this is okay, and I am going to support it, with the exception of the slanting the parking. 11 Mr. Thornton: Mr. Inman? Mr. Inman: On the van trip that we did last week, we went to the site to look at it closely, and I was struck by the fact of the apartment buildings that have one, in existence now and the other as well as in existence is not complete, construction of three or four story apartments that are not immediately adjacent to the property but certainly within hearing of the proposed Taco Bell, and my concern about this solely is focused on the drive-through aspect of it, it's not the restaurant, it's a commercial district, it's a commercial area, on both sides on Pacific Avenue, it's a great place for a restaurant, it's not a great place for a drive-through with the outdoor activity, the outdoor noise that goes along with having a drive-through, and I don't think I'd want to be renting an apartment that was on the east end of either of those buildings if there is going to be a drive-through restaurant on that site. I realize there is little property in between, not sure why they'd be supporting a drive-through with the residentially zoned property, of course may not stay residential I suppose. So I don't think it's advancing the cause of the Form-Based Code to introduce this type of use on this piece of property,which will perhaps lead others to think well,if they can have it there, we can have it, I mean Form-Based Code may be not as tough as we thought it was. In reference to the Burger King,that's been there for quite some time, it's pretty much surrounded by commercial, except for the six or eight town houses, that came after, it's already there as a drive-through, the drive-through in that particular case is on the east side and the town houses that Mr.Bourdon referred to were on the north side of that site, the Burger King site. I think there is a compatibility issue with what's now being built there and occupied, it is already occupied on the close by apartment properties, and I think it does not advance the Form-Based Code as stated in the evaluation, you know, that we're supposed to be doing here, is to promote walking and uses that involve other than the automobile, well this is promoting the use of the automobile, basically, and I just don't think it's a good planning decision on our part to introduce this drive-through. Mr. Thornton: Jack? Mr. Wall: I think a lot of great work has gone in to this application. I think that the wall, the screen, the actual drive-through, and the windows, you know a lot of landscaping, I think a lot of work good, I am sure it hasn't been easy, not an easy process, but it's also not easy to establish the goals, you need to establish, you know, the vision of the Form-Based Code and to see it through, so, you know, I think that it's, you know,in my opinion,that,you know,that we would maintain that vision and I think that's, you know, I can agree with Mike on, you know,his thoughts on that. Mr. Thornton: David? Mr. Weiner: We learned this morning that there is about three locations in the city where there are stipulations and regulations on drive-throughs, and they are permitted,but there are regulations, you can have some as long as you meet the regulations and in my opinion, this doesn't meet the regulations on the drive-through,but there is more to it in that, there are holes in this that I don't like, the timeframe midnight, the 15 year, the curb cut, I understand what Mr. Bourdon is comings that's a headache and I understand Ron what you're saying that is the most simple way to come in and 12 out, but I don't think, we don't have a complete package here, unless we have, because with all this here, and also the drive-through, I just don't feel like I can support it. Mr. Thornton: Anybody else have any comments? You want to speak? This is a case to me, I think the applicant has done a great job of working with the staff and the staff has come up with a plan and they have actually supported it. I think this is the case where the Form-Based Code needs serious attention. This is a commercial site on a commercial road, the people live behind it are-not, complaining. Generally if we have neighborhoods, that don't like this stuff, they don't hesitate coming out and making a lot of racket. We didn't have that on this case,and again it's a commercial site on a busy commercial road and they have done a great job of essentially hiding the drive in window behind the building, and for all intents and purposes this drive in window is not going to create any problem for Pacific Avenue, and it's going to enhance the development of the site, and it's going to add business to this part of the city. So I am in favor of it, I am more in favor of it because it's brought up another weakness in our Form-Based Code,it was a you know one size fits all with throw it on this part of the city and every time we hear one we hear these almost once a month, there is somebody trying to get away or get around the Form-Based Code, it really doesn't work well and I think this is the case where it does not work well. The applicants has done an outstanding job of showing how they can just about fit in to the site without making it an ugly detrimental site to this city, so I am in favor of it, I have mixed feelings about the traffic, it would be nice if we could fix it, so that there was one entrance and one exit but I think that creates more problems for the tenant than it does the city, so anyway. Mr. Weinter: Can I add something? Mr. Thornton: Sure. Mr. Weiner: I agree with you 100%, they have done a great job. I think it's nothing about the building at all, it looks great. I think it would be good on the site and you know I am kind of wishy-washy on the drive-through, but it doesn't meet the regulations of what's in the Form-Based Code, but there are too many holes in this. There are too many things that the applicant and staff are disagreeing with, and I mean if we want to defer this,let them work that out and bring it back I'm good with that,trying to do that, but I just don't think, I cannot pass through this because there are too many holes in it. They haven't worked things out, it hasn't been worked out together. Mr. Thornton: Well would you make a motion, we ask the applicant, do you want up and down today, you want us to give you time. Eddie Bourdon: To my knowledge, the only thing that we aren't in agreement on is the 15-year versus the 25-year and I don't know if the staff has any opposition to the restaurant being open until 2 in the morning, so other than the restaurant being open until 2 in the morning. Mrs. Oliver: The drive-through at midnight, the drive-through to be closed at midnight. 13 Eddie Bourdon: The drive-through item because all of the adjacent property owners support the application, there is no one who doesn't who is adjacent to the property. If you want to condition it on the one entrance versus the two, we are not going to leave here unhappy,we were approved to do two,we thought two made more sense,that's why we are not arguing with you, it's up to the Commission. That's not a disagreement if you are talking about the one entrance versus two; we think two would work better. The drive-through, so I guess there is a disagreement between whether it closes at midnight or 1 o'clock and then the 25 years versus the 15 years that has to go away. Those two we aren't going to be able to agree upon, so you all can make up a motion to recommend or to deny and the recommendation can have whatever conditions you want to have, but I don't agree with you that there are lot of things that we're, I think it's pretty focused myself. I think it's just simply the drive-through hours because I think the restaurant was not intended because any restaurant could be open down there 24 hours a day, there are no restriction on any of the restaurants, so it's a drive-through whether it is 1 a.m. which we agreed to with the adjacent property owners with the other restaurants next to us,both open until 2 and then the years, that's because we have a 25-year lease. But I think that's it, that we have a disagreement on, so I would like to have a vote hopefully to approve it and whichever entrance configuration you all think is better, we are not going to leave here unhappy with, we just, as I said we are just putting out why we thought one would be better than the other and I don't disagree with what Rick had to say either, that was a fair statement. Mr. Thornton: Don? Mr. Horsley: Mr. Chairman I know we discussed a 15-year deal this morning and I am not a big fan of 15-year deal myself, in fact I would rather eliminate any years at all on the condition, not put any year limit on it. I think that does handicap the owners and the business itself. So far as the 12 versus 1 o'clock, I mean it's going to be hard, I guess somebody go and then shut the gate at 12 o'clock and say everybody else has got to go home, good night, got to go away. It really doesn't make any difference to me, the one, the one versus two entrances or curb cuts, you know, Mr. Bourdon says that they can live with either or and I personally think that two is better than one, but I mean that's immaterial either way. So I would tend to support the application so we can move it along, and take the years out completely. I think, I mean, if you want to put 25 years on that so be it but I think we could just eliminate the years entirely and so far 12 versus 1, I mean I can agree to either 1 if you want to leave it to 12 and they cannot agree with, when they get to Council they can hassle it out at that point but. Mr. Thornton: You are making a motion? Mr. Horsley: Yes sir, I am making a motion to that effect, we approve it, I think. Mr. Thornton: So, Mr. Horsley's motion is to recommend approval of the application with one entrance or two entrances? Mr. Horsley: I think we better go with one entrance. 14 Mr. Thornton: One entrance, modify, change the parking, angle the parking, and eliminate the 15- year requirement and change the hours to midnight. Close the drive in window at midnight, any questions on that matter? Mr. Ripley: I second. Mr. Thornton: Ron seconded it. Mr. Inman: I would like to offer a substitute motion to deny the application. Mr. Thornton: Okay and Roberts Rules of Order, we have to have a second for that right. You have made a motion. Mr. Inman: I have made a motion. Mr. Thornton: Do we have a second for that? Ms. Kwasny: I will second it. Mr. Thornton: You will second it, so we vote on the second one first, is that correct? Okay. Kay Wilson: This is a motion to deny the application, if you vote for yes, you are voting for denial. CONDITIONS 1. When the property is developed, it shall be substantially in accordance with the submitted site exhibit entitled "PACIFIC AVENUE TACO BELL, PRELIMINARY LAYOUT PLAN,"dated 08/25/2017 and prepared by Blakeway Corporation, with the exception of any conditions stated below. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. When the property is developed, it shall be substantially in accordance with the submitted landscape exhibit entitled"PACIFIC AVENUE TACO BELL, CONCEPT LANDSCAPE PLAN," dated 07/17/2017 and prepared by Blakeway Corporation, with the exception of any conditions stated below. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. When the site is developed, the structure constructed shall have the architectural features, and appearance of like quality and character to the architectural elevation exhibits entitled, "EXPLORER LIGHT, EXTERIOR ELEVATIONS," dated 11-29-17, with the exception of any conditions below. These elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 4. As part of the approval of this request for a Special Exception for Alternative Compliance, the required parking shall be reduced to 16 (sixteen) parking spaces. Employment by this business shall not render an individual eligible for a Residential Parking Permit. 15 5. The proposed screening wall located to the north of the building shall follow the Oceanfront Resort District Design Guidelines by being designed similarly to the proposed architectural elevations and constructed with architectural materials consistent with the materials used in the proposed architectural elevations. The wall shall be designed to block the menu board and dumpster entirely from Pacific Avenue and as required by City landscape regulations. 6. As shown on the site plan exhibit, the drive-through lane and exit lane &parking area shall be improved with two separate materials or surface treatments that substantially differ in appearance such that drivers are clearly guided to the correct aisle. 7. As part of site plan review, to ensure adequate screening is provided within the reduced 10-foot parking setback, the Development Services Center Landscape Planner may request up to 40% additional plantings than the minimum amount of plantings required by the parking lot street frontage regulations of the City of Virginia Beach Landscaping Guide. To ensure the growth of all plants, all landscaped areas shall be irrigated. 8. As part of site plan review, the applicant shall adjust all drive aisles to meet the minimum width supported by Public Works Traffic Engineering. Residual area shall be used to increase interior or perimeter landscape screening of the drive aisles. 9. As part of site plan review, as supported by Public Works Traffic Engineering, the applicant shall provide landscaping to the north and south of the on-street parking spaces located in the public right-of-way of Pacific Avenue. 10. To limit the disturbance to nearby residential uses, the restaurant shall not operate between the hours of 12:00 midnight and 7:00 a.m. 11. All signage shall follow the Oceanfront Resort District Sign Design Guidelines. No window signage, interior or exterior, temporary or permanent, shall be used. No signage shall be used in the outdoor dining area. Signage shall not be provided on trash receptacles, fencing, furniture, bicycle racks,patio umbrellas, or drive-through canopies. The proposed screening wall shall not be included when calculating the amount of signage permitted by the Form-Based Code. 12. Pavers shall be used for the proposed patio space. The applicant is currently showing a fence surrounding the patio and a strip of landscaping separating the patio from Pacific Avenue. If desired by the applicant, at site plan review, the fence and landscaping may be removed to provide less restricted pedestrian movement at the corner of the site. If fencing is used, it shall meet the Oceanfront Resort District Design Guidelines by being weather resistant and comprised of low maintenance materials. 13. To ensure this proposal contributes to the long term goals of the Oceanfront Resort District Form-Based Code and the Resort Area Strategic Action Plan, this Special 16 Exception for Alternative Compliance shall be granted for no longer than a period of 15 (fifteen) years. A motion was made by Commissioner Inman and seconded by Commissioner Kwasny to deny item 12. AYE 5 NAY 4 ABS 1 ABSENT 1 HODGSON ABSENT HORSLEY NAY INMAN AYE KWASNY AYE OLIVER AYE REDMOND ABS RIPLEY NAY RUCINSKI NAY THORNTON NAY WALL AYE WEINER AYE Carol Dozier: By a 5-4 vote, the Commission has denied the application of Burger Busters. Mr. Thornton: Thank you fellow Commissioners. Since that is our last case to be heard today, is there any more business, anyone wants to bring up to the Planning Commission? Mr. Horsley: Mr. Chairman, I have to one a comment, I have been around pretty long time and I have known Stephen White a long time and I'd be remiss if I didn't publically say that I have enjoyed working with him over the past ever how many years it has been Stephen and now they go a long ways and I've never known Stephen to be anything but very professional in his workings with the Planning staff and I certainly appreciate all what he is done for Planning Commission all these years and for the City of Virginia Beach,thank you. Mr. Thornton: With that the meeting is adjourned. 17 L. APPOINTMENTS BOARD OF BUILDING CODE APPEALS COMMUNITY POLICY AND MANAGEMENT TEAM GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD MINORITY BUSINESS COUNCIL STORMWATER APPEALS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 FY 2018-2019 RESOURCE MANAGEMENT PLAN SCHEDULE RECONCILIATION WORKSHOP May 8th FORMAL SESSION/ADOPT BUDGET—City Council Chamber May 15th 04/25/2018 pm CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/1 7/201 8 PAGE: 1 D A AGENDA V S ITEM# SUBJECT MOTION VOTE A E H E W B N E J S U I B P DNOK MS H LW O O Y L N A 0 OR S 0 TREEENSM I 00 T T R Y S E S SNND • CITY COUNCIL'S BRIEFING A. SHORT TERM RENTAL—Discussion II. CITY MANAGER'S BRIEFINGS A. FY2018-19 RESOURCE MANAGEMENT PLAN(Budget) 1. COMMONWEALTH'S ATTORNEY Colin Stolle, Commonwealth Attomey 2. CLERK OF THE CIRCUIT COURT Tina Sinnen, Clerk 3. SHERRIFF AND CORRECTIONS Ken Stolle, Sheriff 4. EMERGENCY COMMUNICATIONS AND Stephen Williams, CITIZEN SERVICES Director 5. EMERGENCY MEDICAL SERVICES Edward Brazle, Chief 6. FIRE DEPARTMENT Dave Hutcheson, Chief 7. POLICE DEPARTMENT James Cervera, Chief 8. EMERGENCY MANAGEMENT Erin Sutton, Director B. BLOCK 2 TOWN CENTER Warren Harris, Director,Economic Development C. SPORT CENTER LAYOUT Ronald Williams,Jr., Deputy City Manager CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y III/IV/ CERTIFICATION V/ APPROVED 10-0 Y Y Y Y Y Y Y Y A Y Y F MINUTES B April 3,3018 S T A N E D CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/17/2018 PAGE: 2 D A AGENDA V S ITEM# SUBJECT MOTION VOTE A E H E W B N E J S U I B P DNOK MS HLW O O Y L N A 0 OR S 0 T R EEENSM I 00 T T R Y S E S SNND H. PUBLIC HEARINGS I SALE OF EXCESS CITY PROPERTY NO SPEAKERS 1449 Old Virginia Beach Road 2. SALE OF EASEMENTS OVER CITY NO SPEAKERS PROPERTY-Interfacility Traffic Area(ITA) a.2813 Two Farms Lane b.Lots 7,8 and 12 in the 3300 Block of North Landing Road c.Winston Avenue and Indian River Road d.3400 North Landing Road ADD Resolution to SUPPORT the expansion of ADDED 11-0 Y Y Y Y Y Y Y Y Y Y Y ON the film production tax incentives Ordinance to DECLARE the property ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y I.1 located at 1449 Old VB Road to be in excess/AUTHORIZE City Manager to sell to Node Paiso and Maria Paiso Ordinance to DECLARE Excess City ADOPTED 10-0 Y Y Y Y Y Y A Y Y Y Y 1.2 Property with Restrictive Easements in the B (ITA)/AUTHORIZE the City Manager to S sell same to the United States of America: T a.2813 Two Farms Lane A b.Lots 7,8 and 12 in the 3300 Block of 1 North Landing Road N c.Winston Avenue and Indian River Road E d.3400 North Landing Road D Resolution to RENAME the Virginia Beach ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y I.3 Fire Training Center,as"The Harry E. Diezel Virginia Beach Fire Training Center" Ordinance to study pay disparities and ADOPTED 10-1 Y Y Y Y Y Y N Y Y Y Y 1.4 ESTABLISH a Policy of Pay Parity for the Virginia Beach Sheriffs Office Resolution to REQUEST the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y 1.5 Commonwealth Transportation Board/ CONSENT ESTABLISH a project re 1-264 Independence Interchange Improvements/ AUTHORIZE the City Manager to enter into any necessary agreements for project development Resolution to REQUEST the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y 1.6 Commonwealth Transportation Board/ CONSENT ESTABLISH a locally administered project re Nimmo Parkway Phase VII-B/ AUTHORIZE the City Manager to enter into any necessary agreements for project development CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/17/2018 PAGE: 3 D A AGENDA V S ITEM# SUBJECT MOTION VOTE A E H E W B N E J S U I B P DNOK MS HLW O O Y LN A 0 0 R S 0 T R EEENSMI 00 T TR YS ES SNND Ordinance to AMEND the adopted FY2017- ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y I.7 18 Capital Improvement Plan's Project CONSENT Description and Scope re Bus Stop Infrastructure and Accessibility Improvements,Rural Road Improvements II,Traffic Safety Improvements IV/to AUTHORIZE the acquisition of necessary property and easements Ordinance to EXTEND the date to satisfy ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y I.8 Conditions re closure of portion of Scott CONSENT Bend Lane (Approved April 21,2015) Resolution to AUTHORIZE the City ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y I.9 Manager to EXECUTE a(MOA)for CONSENT contribution of funds to the Department of the Army re projects at Lynnhaven Inlet: a. Maintenance Dredging b. Additional Work Resolution to SUPPORT the expansion of ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y I. 10 film production tax incentives CONSENT KELLYE V. GENTRY for a Variance to APROVED, 11-0 Y Y Y Y Y Y Y Y Y Y Y J.1. Section 4.4 (b) & (d) of the Subdivision CONDITIONED, Regulations for property at the West side of BY CONSENT Vaughan Road DISTRICT 7-PRINCESS ANNE ARGOS PROPERTIES II, LLC for a DENIED 11-0 Y Y Y Y Y Y Y Y Y Y Y 12. Conditional Change of Zoning from AG-1& AG-2 Apiculture to P-1 Preservation and R- 10 Residential at the North side of Princess Anne Road(Deferred from April 3,2018) DISTRICT 7—PRINCESS ANNE LOGANVIRGINIAPROPERTIES,LLC/ APPROVED,AS 11-0 Y Y Y Y Y Y Y Y Y Y Y J.3. BYLER AZALEA LLC & GATEWAY PROFFERED,BY FREE WILL BAPTIST CHURCH, INC. CONSENT for a Conditional Change of Zoning from B-2 Community Business,A-12 Apartment,R-7.5 Residential to Conditional B-2 Community Business at 5441&a portion of 5473 Virginia Beach Boulevard DISTRICT 2-KEMPSVILLE ACC PROPERTY SOLUTIONS,INC.for APPROVED,AS 11-0 Y Y Y Y Y Y Y Y Y Y Y J.4. Conditional Change of Zoning from A-12 PROFFERED Apartment to Conditional R-5S Residential Single Family at 1602 Cypress Avenue DISTRICT 6-BEACH CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/17/2018 PAGE: 4 D A AGENDA . V S ITEM# SUBJECT MOTION VOTE A E H E W B N E J S U I B P DNOK MS H LW O O Y LN A 0 0 R S 0 T R E EENSM I 00 T T R Y S E S SNND EVERGREEN VIRGINIA,LLC for a APPROVED, 10-0 Y Y Y Y Y Y Y A Y Y Y J.S. Conditional Use Permit re car wash and a CONDITIONED B Modification of Conditions re motor vehicle AND MODIFIED, S sales and repair at 240&248 North BY CONSENT T Lynnhaven Road,2865&2893 Virginia A Beach Boulevard (Approved 1971,1987, 1 1989,and 1997) N DISTRICT 6-BEACH E D HENRY W.& KAY F.STANLEY for a APPROVED, 10-0 Y Y Y Y Y Y Y A Y Y Y J.6. Conditional Use Permit re commercial CONDITIONED, B kitchen at 312 Indian Avenue BY CONSENT S DISTRICT 6-BEACH T A N E D APPOINTMENTS: RESCHEDULED BYCONS ENS US K. BOARD OF BUILDING CODE APPEALS GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD MINIORITY BUSINESS COUNCIL STORMWATER APPEALS BOARD BIKEWAYS AND TRAILS ADVISORY Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMITTEE William Vaughan, Ex-Officio 4/17/18-9/30/20 COMMUNITY POLICY AND Appointed: 11-0 Y Y Y Y Y Y YY Y Y Y MANAGEMENT TEAM Laurie Shaw Unexpired Term 4/17/18-1/31/20 PROCESS IMPROVEMENT STEERING Appointed: 11-0 Y Y Y Y Y Y YY Y Y Y COMMITTEE Jessica Abbott No Term SENIOR SERVICES OF SOUTHEASTERN Appointed: 11-0 Y Y Y Y Y Y YY Y Y Y VIRGINIA Beatriz Amberman 2 Yr.Term 4/17/18-3/31/20 L/MIN ADJOURNMENT 7:39 PM