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HomeMy WebLinkAbout06-19-2018 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR LOUIS R JONES,Bayside-District 4 � c8 VICE MAYOR JAMES L. WOOD,Lynnhaven-District 5 � q,3 -".: JESSICA P.ABBOTT,Kempsville-District 2 M.BENJAMIN DAVENPORT,At Large ��f,.:, ROBERT M.DYER,Centerville-District I - g BARBARA M.HENLEY,Princess Anne—District 7 SHANNON DS KANE,Rose Hall—District 3 . JOHN D.MOSS,At Large °' oue x.t°"� ° JOHN E.UHRIN,Beach—District 6 ROSEMARY WILSON,At-Large 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 June 19 2018 E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK—AMANDA BARNES MAYOR LOUIS R. JONES PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room- 2:30 PM A. CANNABIS OIL LEGISLATION and DEVELOPMENT OPPORTUNITIES Delegate Glenn R. Davis—84th District Warren Harris, Director—Economic Development II. CITY MANAGER'S BRIEFINGS A. ENTERTAINMENT DISTRICT UPDATE Ronald H. Williams, Jr., Deputy City Manager B. PULSE POINT UPDATE Chief Edward Brazle—Emergency Medical Services C. ASHVILLE PARK PHASE I AND COST PARTICIPATION AGREEMENT Thomas M. Leahy, Deputy City Manager D. VIRGINIA AQUARIUM MARINE ANIMAL CARE CENTER Mark Johnson, Director—Public Works III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room- 4:45 PM A. CALL TO ORDER—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—Mayor Louis R. Jones B. INVOCATION: Bishop Joseph King, Pastor New Beginnings Apostolic Faith Ministries 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 June 5, 2018 2. SPECIAL FORMAL SESSION June 12,2018 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARING 1. EXTENSION OF CABLE FRANCHISE Verizon Virginia, Inc. I. ORDINANCES/RESOLUTIONS 1. Resolution to EXTEND the City's Cable Franchise with Verizon Virginia, Inc. until the earlier of December 31, 2018, or the date on which the franchise agreement is renewed 2. Ordinance to APPOINT three(3) viewers for one-year terms beginning July 1, 2018, re view each street or alley proposed to be closed 3. Resolution to GRANT renewal permits re ALLOW Emergency Medical Services(EMS) Agencies to operate in the City of Virginia Beach: a. American Lifeline Medical Transport, Inc. b. American Medical Response Mid-Atlantic, Inc. c. Cardinal Ambulance Services, Inc. d. Children's Hospital of the King's Daughters e. Delta Medical Transport, Inc. f. Heart Song Care Transport, Inc. g. LifeCare Medical Transports, Inc. h. Medical Transport, LLC i. Nightingale Regional Air Ambulance, Inc. j. Reliance Medical Transport, LLC k. Robbie's Ambulance Service, Inc. 1. Special Event Providers of Emergency Medicine, Inc. m. Swift Medical Transport n. Tidewater Medical Transport, Inc. 4. Resolution to RE-ADOPT the City Guidelines re considering requests made pursuant to the Public-Private Education Facilities and Infrastructure Act of 2002 (PPEA) 5. Ordinance to APPROVE a term sheet re Ashville Park Drainage Improvements and AUTHORIZE the City Manager to EXECUTE a Cost Participation Agreement and an Agreement of Sale and Dedication 6. Ordinance to AUTHORIZE the acquisition of Agricultural Land Preservation(ARP) easements from My III Sons, LLC at 1812 Indian River Road (Deferred Indefinitely on June 5, 2018) 7. Ordinances re compensation to City Council Appointees effective July 1, 2018: a. City Manager b. City Attorney c. City Clerk d. City Assessor e. City Auditor 8. Ordinance to APPROPRIATE $250,000 to the Virginia Beach Development Authority (VBDA) re Commonwealth Opportunity Fund Award to SANJO Virginia Beach, Inc. 9. Ordinance to APPROPRIATE $75,000 to the Department of Housing and Neighborhood Preservation Operating Budget re Housing Choice Voucher Program 10. Ordinances to TRANSFER: a. $125,000 from Debt Service to the City Attorney Operating Budget re Arena Litigation b. $2,106,338 from the Housing Resource Center CIP to Virginia Aquarium Marine Animal Care Center CIP c. $737,500 within the Fire Department Operating Budget re reallocate health insurance costs d. $145,000 within the Juvenile Probation Department Operating Budget re support dispositional services e. $278,856 within the Department of Human Services Operating Budget re Children's Services Act Program f. $491,743 within the Sheriff's Office Special Revenue Fund re payroll obligations g. $650,000 from Debt Service re cost increases associated with the Disabled Veteran and Elderly and Disabled Tax Relief Program J. PLANNING 1. HOFD ASHVILLE PARK,LLC for a Modification of Proffers of a Conditional Rezoning at the north and south sides of Ashville Park Boulevard(Approved on February 24, 2004, and Modified on May 10, 2005, and February 14, 2012) DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 2. CITY OF VIRGINIA BEACH for a Modification of Conditions re borrow pit-fill at 560 Oceana Boulevard (Approved August 25, 2001) DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. NORTHAMPTON DEVELOPMENT, LLC/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NORFOLK for a Conditional Change of Zoning from R-5D Residential to Conditional B-2 Community Business at the north side of Northampton Boulevard, adjacent to and east of Premium Outlets Boulevard DISTRICT 4 —BAYSIDE RECOMMENDATION: APPROVAL 4. BHC, LLC/CHRISTINE JO HERRIT for a Conditional Change of Zoning from B-2 Community Business to B-4 Mixed Use and a Conditional Use Permit re multi-family dwellings at 3739 Shore Drive DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 5. BEACH BUILDING GROUP, INC./MCQ BUILDERS LLC-2 for Special Exemption to Alternative Compliance to the Oceanfront Resort District Form-Based Code re setback and lot width requirements at 521 & 523 20th Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 6. GINA ARNEY/BARBARA ARNEY & KENNETH T. BAREFOOT for a Conditional Use Permit re family day-care home at 600 Iris Lane DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 7. VA FINISHING, LLC/SPRING BUILDING, LLC for a Conditional Use Permit re automobile repair garage at 4990 Euclid Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 8. SAVARNAS BEAUTY SPA/AIGLON ASSOCIATES,L.P. for a Conditional Use Permit re tattoo parlor at 1860 Laskin Road, Suite 120 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 9. VALVOLINE,LLC/AH SANDBRIDGE,LLC for a Conditional Use Permit re automobile repair garage at the western outparcel of 2105 Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 10. HALLE PROPERTIES, LLC/GOPA TWO,LLC for a Conditional Use Permit re automobile repair garage at 4300 Virginia Beach Boulevard and 417 Thalia Road DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 11. Resolution to AUTHORIZE 3 (three) Roadside Guide Signs within the Central Business Core District re Zeiders American Dream Theatre DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL K. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAY AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS—ELECTRICAL DIVISION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS NORFOLK AND VIRGINIA BEACH JOINT LAND USE STUDY POLICY COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD MINORITY BUSINESS COUNCIL OLD BEACH DESIGN REVIEW COMMITTEE SOCIAL SERVICES BOARD STORMWATER APPEALS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************** 06/14/18PM MAYOR LOUIS R. JONES PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room- 2:30 PM A. CANNABIS OIL LEGISLATION and DEVELOPMENT OPPORTUNITIES Delegate Glenn R. Davis—84th District Warren Harris, Director—Economic Development II. CITY MANAGER'S BRIEFINGS A. ENTERTAINMENT DISTRICT UPDATE Ronald H. Williams, Jr., Deputy City Manager B. PULSE POINT UPDATE Chief Edward Brazle—Emergency Medical Services C. ASHVILLE PARK PHASE I AND COST PARTICIPATION AGREEMENT Thomas M. Leahy, Deputy City Manager D. VIRGINIA AQUARIUM MARINE ANIMAL CARE CENTER Mark Johnson, Director—Public Works III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room- 4:45 PM A. CALL TO ORDER—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—Mayor Louis R. Jones B. INVOCATION: Bishop Joseph King, Pastor New Beginnings Apostolic Faith Ministries 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 June 5, 2018 2. SPECIAL FORMAL SESSION June 12, 2018 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARING 1. EXTENSION OF CABLE FRANCHISE Verizon Virginia, Inc. r . xe..4. .o. NOTICE OF PUBUC NEARING The Virginia Beach City Council will hold a PUBUC HEARING on June 19,2018 at 8:00 p.m.in the Council Chamber,City Hall-Bldg. 1, Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public comment regarding the proposed extension of the cable/fiosTV franchise held by Verizon Virginia, Inc. (Verizon). The current franchise agreement expires on June 30,2018,and of the parties desire to extend such franchise to the earlier of December 31,2018, 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 CRY CLERK'S OFFICE at 385430 Hearing impaired,call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this matter should be directed to the City Attorneys Office at(757) 385-4531. All Interested parties are invited to attend. Amanda Barnes,MMC City Clerk BEACON:Sunday,June 10,2018 I. ORDINANCES/RESOLUTIONS 1. Resolution to EXTEND the City's Cable Franchise with Verizon Virginia, Inc. until the earlier of December 31, 2018, or the date on which the franchise agreement is renewed 2. Ordinance to APPOINT three (3) viewers for one-year terms beginning July 1, 2018, re view each street or alley proposed to be closed 3. Resolution to GRANT renewal permits re ALLOW Emergency Medical Services (EMS) Agencies to operate in the City of Virginia Beach: a. American Lifeline Medical Transport, Inc. b. American Medical Response Mid-Atlantic, Inc. c. Cardinal Ambulance Services, Inc. d. Children's Hospital of the King's Daughters e. Delta Medical Transport, Inc. f. Heart Song Care Transport, Inc. g. LifeCare Medical Transports, Inc. h. Medical Transport, LLC i. Nightingale Regional Air Ambulance, Inc. j. Reliance Medical Transport, LLC k. Robbie's Ambulance Service, Inc. 1. Special Event Providers of Emergency Medicine, Inc. m. Swift Medical Transport n. Tidewater Medical Transport, Inc. 4. Resolution to RE-ADOPT the City Guidelines re considering requests made pursuant to the Public-Private Education Facilities and Infrastructure Act of 2002 (PPEA) 5. Ordinance to APPROVE a term sheet re Ashville Park Drainage Improvements and AUTHORIZE the City Manager to EXECUTE a Cost Participation Agreement and an Agreement of Sale and Dedication 6. Ordinance to AUTHORIZE the acquisition of Agricultural Land Preservation (ARP) easements from My III Sons, LLC at 1812 Indian River Road (Deferred Indefinitely on June 5, 2018) 7. Ordinances re compensation to City Council Appointees effective July 1, 2018: a. City Manager b. City Attorney c. City Clerk d. City Assessor e. City Auditor 8. Ordinance to APPROPRIATE $250,000 to the Virginia Beach Development Authority (VBDA)re Commonwealth Opportunity Fund Award to SANJO Virginia Beach, Inc. 9. Ordinance to APPROPRIATE $75,000 to the Department of Housing and Neighborhood Preservation Operating Budget re Housing Choice Voucher Program 10. Ordinances to TRANSFER: a. $125,000 from Debt Service to the City Attorney Operating Budget re Arena Litigation b. $2,106,338 from the Housing Resource Center CIP to Virginia Aquarium Marine Animal Care Center CIP c. $737,500 within the Fire Department Operating Budget re reallocate health insurance costs d. $145,000 within the Juvenile Probation Department Operating Budget re support dispositional services e. $278,856 within the Department of Human Services Operating Budget re Children's Services Act Program f. $491,743 within the Sheriff's Office Special Revenue Fund re payroll obligations g. $650,000 from Debt Service re cost increases associated with the Disabled Veteran and Elderly and Disabled Tax Relief Program ru,,„K .4, ,,Ex--L-..4,, t t. CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: A Resolution to extend the City's cable franchise with Verizon Virginia, Inc. until the earlier of December 31, 2018 or the date on which the franchise agreement is renewed MEETING DATE: June 19, 2018 • Background: On December 22, 2006, the City granted a 10-year fiber optic cable television franchise (the "Franchise") to Verizon Virginia, Inc. ("Verizon"). The parties extended the Franchise by RES-03829 to June 20, 2017, by RES- 03852 to December 31, 2017 and further by RES-03881 to June 30, 2018. 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. The City is continuing to work with the consultant and Verizon to negotiate the terms of a renewal agreement (the "Franchise Renewal") and desires to further extend the current terms of the Franchise until the parties are able to finalize the Franchise Renewal. • Considerations: The City granted the initial Franchise in 2006, when fiber optic cable television (FiOS) technology first became available in the City. Since that time, 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 the documents necessary to acknowledge Verizon's ability to continue to provide cable services within the City until the Franchise Renewal is complete. • Public Information: Advertisement of City Council Agenda • Recommendation: Approval • Attachments: Resolution Disclosure Statement Form Recommended Action: Approval Submitting De, -rt - t/Agency: Information Technology City Manager: 1 A RESOLUTION TO EXTEND THE CITY'S CABLE 2 FRANCHISE WITH VERIZON VIRGINIA, INC. UNTIL THE 3 EARLIER OF DECEMBER 31, 2018 OR THE DATE ON 4 WHICH THE FRANCHISE AGREEMENT IS RENEWED 5 6 WHEREAS, the City's current cable franchise agreement extension with Verizon 7 Virginia, Inc. ("Verizon") expires on June 30, 2018 (the "Franchise"); 8 9 WHEREAS, the City has been conducting a public needs assessment 10 concerning the renewal of such franchise and has been engaged with Verizon in 11 negotiations to that end; 12 13 WHEREAS, review of the needs assessment and negotiations could not be 14 concluded prior to the expiration date of the Franchise; 15 16 WHEREAS, the parties wish to extend the current franchise to December 31, 17 2018 or the date on which the Franchise is renewed, whichever first occurs, under the 18 same terms and conditions set forth in the Franchise; and 19 20 WHEREAS, the requested extension will not affect Verizon's customers, except 21 to allow them to continue to receive fiber optic cable television (FiOS) from Verizon. 22 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized and directed to execute on behalf of 27 the City all of the documents necessary to extend the Franchise to December 31, 2018. 28 29 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 30 , 2018. APPROVED AS TO CONTENT APPROVED AS TO LEGAL D�� -0 ` SUFFICIENCY ADO-FORM l Information Technology City`Attorney-- CA14229 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d023\p028\00475583.doc R-1 June 7, 2018 • 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 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 <, , c z r ! , I C 11 , Page 1 of 4 VB 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) Verizon Virginia LLC (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Verizon Virginia LLC is wholly-owned by Verizon Communications Inc. See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, 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) 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. AlB 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. 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) Accounting and/or preparer of your tax return ® Architect/ Landscape Architect / Land Planner Contract Purchaser (if other than a 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 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. g\B Virginia Beach Financing (include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® ❑ Legal Services Kerbey Harrington Pinkard LLP Real Estate Brokers / Agents for El ® current and anticipated future sales of the subject property ♦ o 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? NSA CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting o -n • bl' dy or committee in connection with this Application. Joshua Grubman, Esq /;•/ 7//4' •PLICANT'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. rS�" •cy r'i,,r' ~'S�]T fo , St,) (u j i's� 4 = CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Appointing Three (3) Viewers for One-Year Terms Beginning July 1, 2018, to View Each Street or Alley Proposed to be Closed MEETING DATE: June 19, 2018 • Background: Pursuant to authority granted to the City of Virginia Beach by the General Assembly during its 1997 Session, City Council, by ordinance adopted June 23, 1998, added § 33-111.2 to the City Code, which provides for the appointment of three (3) viewers for one-year terms, beginning July 1 of each year, to view each and every street or alley proposed to be altered or vacated during the terms of such viewers. • Considerations: Because the terms of the current viewers expire on June 30, 2018, it is necessary to appoint viewers for one-year terms beginning July 1, 2018. • Public Information: This ordinance will be advertised as a routine agenda item. • Attachments: Ordinance Recommended Action: Approval +� Submitting Department/Agency: Department of Planning City Manager: C____. 1 AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR 2 ONE-YEAR TERMS BEGINNING JULY 1, 2018, TO VIEW 3 EACH STREET OR ALLEY PROPOSED TO BE CLOSED 4 5 WHEREAS, Section 33-11.2 of the City Code provides that "[t]hree (3) viewers 6 shall be appointed each year to serve terms of one year beginning July 1 to view each 7 and every street or alley proposed to be altered or vacated during the term;" and 8 9 WHEREAS, it is the desire of City Council to appoint the Directors of the 10 Departments of Planning, Public Works and Parks and Recreation to serve as viewers 11 for one-year terms, beginning July 1 , 2018 and ending June 30, 2019. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That the Director of Planning, Director of Public Works and Director of Parks and 17 Recreation of the City of Virginia Beach are each hereby appointed as a viewer to serve 18 a one-year term beginning July 1, 2018 and ending June 30, 2019, to view each and 19 every application to close a street or alley, and to report in writing their opinion of what 20 inconvenience, if any, would result from discontinuing the street or alley or portion 21 thereof. 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: Departmen o Planning City Attorney's Off" CA14450 R-1 June 5, 2018 ' \ G��`v'�BFA i 011e+i', :a.,i:�y'��) CITY OF VIRGINIA BEACH `_ AGENDA ITEM J ITEM: A Resolution to Grant Permits Allowing Certain Emergency Medical Services Agencies to Operate in the City of Virginia Beach MEETING DATE: June 19, 2018 • Background: City Code Section 10.5-2 requires any organization that operates an emergency medical services agency or any emergency medical services vehicle within the City to obtain a permit from City Council. New permits are valid until June 30 of the following calendar year. After the initial year, such permits must be renewed by City Council biannually. • Considerations: The following renewal applications have been received and processed by the Department of Emergency Medical Services (EMS) for the operation of basic and advanced life support agencies: American Lifeline Medical Transport, Inc.; American Medical Response Mid-Atlantic, Inc.; Cardinal Ambulance Services, Inc.; Children's Hospital of the King's Daughters; Delta Medical Transport, Inc.; Heart Song Care Transport, Inc.; LifeCare Medical Transports, Inc.; Medical Transport, LLC; Nightingale Regional Air Ambulance, Inc.; Reliance Medical Transport, LLC; Robbie's Ambulance Service, Inc.; Special Event Providers of Emergency Medicine, Inc.; Swift Medical Transport; and Tidewater Medical Transport, Inc. No new applications have been received by EMS this year. • Public Information: Public information will be handled through the normal Council agenda process. • Attachments: Resolution and Disclosure Statement Forms Recommended Action: Adoption Submitting Dep- + ment/Agency: Department of Emergency Medical Service. City Manager: - 1 A RESOLUTION TO GRANT PERMITS ALLOWING CERTAIN 2 EMERGENCY MEDICAL SERVICES AGENCIES TO 3 OPERATE IN THE CITY OF VIRGINIA BEACH 4 5 WHEREAS, pursuant to City Code Section 10.5-2, any organization that operates 6 an emergency medical services agency or any emergency medical services vehicle within 7 the City must first obtain a permit from City Council, and such permits must be renewed on 8 a biannual basis; and 9 10 WHEREAS, applications for permit renewals have been received from the following 11 agencies: American Lifeline Medical Transport, Inc.; American Medical Response Mid- 12 Atlantic, Inc.; Cardinal Ambulance Services, Inc.; Children's Hospital of the King's 13 Daughters; Delta Medical Transport, Inc.; Heart Song Care Transport, Inc.; LifeCare 14 Medical Transports, Inc.; Medical Transport, LLC; Nightingale Regional Air Ambulance, 15 Inc.; Reliance Medical Transport, LLC; Robbie's Ambulance Service, Inc.; Special Event 16 Providers of Emergency Medicine, Inc.; Swift Medical Transport; and Tidewater Medical 17 Transport, Inc.; and 18 19 WHEREAS, the above-listed private ambulance agencies perform services not 20 provided by the City's volunteer rescue squads, such as non-emergency inter-facility 21 transports, which include both basic and advance life support calls. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 24 VIRGINIA BEACH; 25 26 1. That the City Council hereby grants renewed permits to the following agencies: 27 28 American Lifeline Medical Transport, Inc.; American Medical Response Mid- 29 Atlantic, Inc.; Cardinal Ambulance Services, Inc.; Children's Hospital of the 30 King's Daughters; Delta Medical Transport, Inc.; Heart Song Care Transport, 31 Inc.; LifeCare Medical Transports, Inc.; Medical Transport, LLC; Nightingale 32 Regional Air Ambulance, Inc.; Reliance Medical Transport, LLC; Robbie's 33 Ambulance Service, Inc.; Special Event Providers of Emergency Medicine, Inc.; 34 Swift Medical Transport; and Tidewater Medical Transport, Inc. 35 36 2. That these permits shall be effective from July 1, 2018 to June 30, 2020; and 37 Adopted by the City Council of the City of Virginia Beach,Virginia, on this day of , 2018. This ordinance goes into effect July 1, 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Kevin Lip- omb, Division Chief Elizabeth Bradley D Jarnette Emergency Medical Services City Attorney's Office CA14440 R-2 June 8, 2018 DISCLOSURE STATEMENT FORM T`;` V:rginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: American -- -- - --- - - - ;American Life � ine :ica:e if yep: receive any of the fo towing services, and if so, from whom: SCS by SERV'C.EPROVIDER (use additional sheets if ---- — needed) Accounting and/or preparation of tax returns iLayton Evans Financial Services (include i je iending/bankinc institutions and cu:rent mortgage holders as Southern 3 a n .< `e a. .licable) _eaai Services CERTIFICATION: i I certify that all of the information contained in this Disclosure Statement Form is 1. c)rnpiete, true, and accurate. i uridersTard I am responsible for updating the information provided herein if it c:- angesp•!-i ( o :he Council actio„ ,upon tnis Application. t u } �� • i �_-� A P_iCANT S SCATPL! rack _Fleischer 05 / 29 / 2018 PRINT NAME DATE DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: American Medical Response Mid Atlantic, Inc Indicate if you receive any of the following services, and if so, from whom: l YES ' NO I SERVICE 1 I PROVIDER (use additional sheets if needed) Accounting and/or preparation of tax returns AMR Hold, I n c Financial Services (include ,_ rico lending/banking institutions and //ti, 1"��V�current mortgage holders as H o 1 -7-_ _ applicable) �. Legal Services AMR Hold, Inc CERTIFICATION: ■=. --,••�' ._. .. I certify that all of the information contained in this Disclosure Statement Form is I complete, true, and accurate. e l understand I am responsible for updating the information provided herein if it changes prior t• he Council action upon this Application. jxf v APPUCA 'r• RE _ i; 1John Rosenbaum 6 / 4 / 2018 ,, PRINT NAME DATE 1':vboov.mm,,tl1571,?±p2rtmentsiE.AS E!15.tdrrcn,OiOCTtnII-5vC-PPI.YDS-rwfAlwR'!IER•A:AH:1MT 1.IAi1. :EGT\surA,c.l�:alit9Enry3LL-emSkrS-ciWpp:re-slams*,a i-.a '.hpes.u,nvfisltCt�rnaY,',E,•,c1EIS tax11i000-aa,11-.,tic-PC0,55:.pc..5,I,P a,as.EEMvrtmxru.c> ;vUreuvPerOta,yxmmnel-ev,km--Gsr.a,r temtnt—fah bk oa DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. Organization name: Cardinal Ambulance Services, Inc . Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: f YES 1 I NO , i SERVICE j I PROVIDER (use additional sheets if needed) VAccounting and/or preparer of In House your tax return V Financial Services (Include Langle Federal CLT lending/banking institutions and wells Fargo current mortgage holders as applicable) �/ Theodore Gallindes �7 Legal Services L_ CERTIFICATION: I certify that all of the information contained In this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. X � 4 . V APPLI 'S SIGNATURE Valerie Deloach 5 / 29 / 2018 PRINT NAME MIC DATE i i 1. ..:T'. { -. ['Tri',•.. ( . _ -; ,. .. • - -" } DISCLOSURE STATEMENT FORM Oq.a4ns The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. Organization name: CHKD Trans •ort Team Are any of the following services being provided in connection with the ? If the answer to any item Is YES, please identify the firm or individual providing the service: IYES I I NO I f SERVICE I PROVIDER(use additional sheets If needed) Accounting and/or preparer of iltif your tax return KPMG LLP Financial Services (include lending/banking institutions and Bank of America) PNC; Townesank; current mortgage holders as U.S. sank, sa&T; Wells Fargo appl kabie) Legal Services See attached CERTIFICATION: } + I certify that all of the Information contained In this Disclosure Statement Form i complete,true, and accurate. s I understand I am responsible for updating the Information provided herein if it changes prior to the Council action upon this Application. 1 0l ; louS r s SIGNATURE r PTE U- Li.--ef PRINT NAME S DATE DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: Delta Medical Transport , INC . Indicate if you receive any of the following services, and if so, from whom: YES NO SERVICE LOVIDER PR (use additional sheets if — _.__ needed) Accounting and/or preparation of tax returns Kevin J. Perlocvski CPA Financial Services (include lending/banking institutions and current mortgage holders as Wells Fargo f applicable) -f Legal Services e l Vid E . � ..� CERTIFICATION: - - • ._... ,,.�_,�.,�, I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. r X . ::,..,.. 1 APPLICANTS SIGNATURE Elagib Elbashir 5 / 29 / 2018 PRINT NAME DATE DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. Organization name: hi � Sooc,, C0.11_ T(ar1Spook- -Inc, Are any of the following services being provided in connection with the applicant? if the answer to any item is YES, please identify the firm or individual providing the service: YES NO i ! SERVICE j ( PROVIDER(ukMor al shers ai / Accounting and/or preparer of �(1�1a1V i c\,4Q,CsS co � your tax return C'i51) `Y 9 Financial Services(include / lending/banking institutions and t�k �'xi"' � u current mortgage holders as ( -151) l"7)-.91/414-1 applicable) ✓ Legal Services CJR. bt05 a � ( -I\ 3Q E_a c2y 3 CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form Is complete,true, and accurate. I understand I am responsible for updating the information provided herein if it i changes prior to the Council action upon this Application. X -Take.9,Uaik. APPLICANT'S SICNA RE I —10:tc. C-30c 5 -Z2 PRINT NAME -{g DATE DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. Organization name: LifeCare Medical Transports , Inc . Are any of the following services being provided in connection with the applicant? 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 I needed) / Accounting and/or preparer of �/ your tax return attached Financial Services (include / lending/banking institutions and attached V current mortgage holders as applicable) ✓ Legal Services attached CERTIFICATION: d __L ' I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. X APPLICATI(it."..iy" S SIGNA Joseph P . King Vice President 4 / 22 / 2018 PRINT NAME DATE ohvovsomlors1\DepartrtatlEMS',EMS AdmIn1D00-04w�l-SVC AREASLIPPJER-C74.4ure-star r[.Coo� 11skym\dRlmo \Departments\EMS\ENE Admin\NO 0.11IIiVC-PROCESS-AREANSt1PP;]ER-AGREEMEMiUNAGEMEIMsuDdkrVsolh/-permitted-emsynnt desdoturHptemerc-littable.pdf LifeCare Information May 10,2018 Union Bank&Trust 2811 Fall HID Ave. Fredericksburg,VA 22401 PBMares(CPR Firm) 540-371-3566 701 Town center D.Suite 900 Newport news,VA 23606 (Address for correspondence) Durrette (Corporate Attorney) 804-775-6900 1111 East Main Street 16th Floor Richmond,VA 23219 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial Institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. Organization name: CHKD Trane •ort Team Are any of the following services being provided in connection with the licant? If the answer to any item is YES, please identify the firm or individual provid ng the service: 1 YES I j NO 1 SERVICE PROVIDER(use additional sheets If needed) Accounting and/or preparer of Iii your tax return KPMG LLP Financial Services(include lending/banking institutions and sank of America) PM) Townesank, V current mortgage holders U.S. Bank) RUC) wells Fargo applicable) Legal Services See attached CERTIFICATION: �- -e . , I certify that all of the Information contained In this Disclosure Statement Form is complete,true, and accurate. I understand I am responsible for updating the Information provided herein If it changes prior to the Council action upon this Application. j i d Ouctc , 0607— b.V:=- AP' 'E•Ts SIGNATURE I I 'JAMIE`E g.T FR- Li- x -18 PRINT NAME 1! DATE t.. b the undersigned,am legally authorized to sign this application for the company. The Momietioon contained herein Is true and correct The company complies with the ninhr um requirements as set forth In the current Virginia Emergency Medical Services Regulations,12 VAC 5-31,as amended. The company understands that It may not provide any EMS services within the City of Virginia Beath without a arrest,valid Oty of VtgiNa Beach Private EMS Agency Pemit and Virginia OEMS EMS Agency license. The company understands that should a Virginia Beach Private EMS Agency Permit to operate within the Oty of Virginia Beach be hued,It does not authorize a response area within the Oty. Should the company need to dwge its operational or administrative ofiioers,corporate or contact information,or level of service;or terminate service;or have a change in Its state Issued iceree(s); the company shall notify the Virghia Beach EMS Department wttin 10 days of the event(s). By subrnittirg this agency permit application,the company agrees that it shall submit to the Virginia Beach EMS Department any renewals,charges,or enforcement actions associated with the company's OEMS Mono/License within 10 days of said adion(s), The company urdesands that failure to amply wth these berms may result in Its permit to operate In Virginia Beady being suspended or revoked, Your signatu '.1111Ir- O. �,jLi! DATE: 05/l0yal $' I AM THE: CEO listed above: / Operations Officer listed above; t._17 ,77,...7---.177 'I Return this form to: Division Chief Kevin Upscomb, NRA k//ppr Wvbcov.mm Regulation&Support Services Virginia Beach EMS Department 4160 Virginia Beach Blvd Virginia Beach VA 23452 CITY USE ONLY 1- Va Beach private EMS agency classification: BLS NEONATAL AIR NON-EMERGENCYLL.,\ EMERGENCY— NEW AL ) REINSTATEMENT �.�: � _°^ 3 _a �, z,� , sF- LAW FIRMS USED BY CHILDREN'S HOSPITAL OF THE KING'S DAUGHTERS,INCORPORATED JULY 1,2017 THROUGH JUNE 30,2018 Law Firm Hancock Daniel PO Box 72050 Richmond, Virginia 23255 Horty, Springer&Mattern 4614 Fifth Avenue Pittsburgh, Pennsylvania 15213 l Kaufman&Canoles PO Box 3037 Norfolk,Virginia 23514 LeClair Ryan 999 Waterside Drive, Suite 2525 Norfolk,Virginia 23510 Williams Mullen 200 South 10th St., Suite 1600 Richmond, Virginia 23218-0800 Patton Boggs LLP 2550 M Street,NW Washington, DC 20037 Arnold&Porter, LLC 601 Massachusetts Ave.,NW Washington, DC 2001-3743 Troutman Sanders, LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, Virginia 23462 Vandeventer Black 500 World Trade Center Norfolk, Virginia 23510 Willcox & Savage 440 Monticello Avenue, Suite 2200 Norfolk, Virginia 23510 Cooper, Spong &Davis, P.C. 1 200 High Street, Suite 500 Portsmouth, Virginia 23705 Wimbish Gentile McCray&Roeber,PLLC 8730 Stony Point Parkway Richmond,Virginia 23235 Rawls McNelis&Mitchell 208 East Plume Street, Suite 11 Norfolk.,Virginia 23510 Hunton Andrews Kurth LLP 951 East Byrd Street Richmond,VA 23219 Morgan, Lewis &Bockius LLP 1111 Pennsylvania Avenue,NW Washington,DC 20004-2541 Baker Hostetler 811 Main Street, Suite 1100 Houston,TX 77002-6111 2 ISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: MSI CAl. `T(2PiN.1SQaRT LLL. Indicate If you receive any of the following services, and if so, from whom: YES NO SERVICE PROVIDER (use additional sheets if needed) I Accounting and/or preparation of -rQ.x -' p•a'M t2 T.; � 9 tax returns t 0-7" I'Cr.c“-Lf 0 / Financial Services (include a� �' V lendin bankin SvrtiM'Trrvs�' i3A�� currentgmortgage holdersas and 70 p,.A-34, 74 n,o�G P•' applicable) U.S. 3rt.c4t / gPV. G%,Psi* VWiLc.t,ak Legal Services w►t-1,1 a r.N r NO LLE OR)c'Uc.E(2 �+e0i+.1 CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information rovid i changes prior to the Council action upon this Application. p ed herein if it i X92/0,..t;A.,cl:_)•301/4AA,I. , APPLICANT'S SIGNATURE e D tiv 1.J bL.A i$ l ; 4 PRINT NAME / l g ' ' DATE 1`,vpy�. 4:h IV)itp 1xnt.EMS,EHS 4.1n,„kcO4Mi SVC.PnOCESS RP.:o``SUPPEIEF-A:>kEEN[Nt M.4tU•GEMLnr1 WFr.Vtul Dnmttee.emt\mc a.sWsu:est•tme.-t,OMx fort cN.co.A,*I`kr.11,,en,DIS`,E MS/.].an10X-01Mi SvC4RIXESS.APIA'SUPPLItR A,.yFI KEN!MANAGE MtrIi L`urebrt UK)PY Pegntted<mflvrc.-:1 3..,-d.emt-1-M111thz OC iAEDICAL 5792 Arrowhead Drive k'EVirginia Beach,Virginia 23462 1: TRANSPORT LLC • .""' (757)671-9302 • Fax: (757)497-0136 DISCLOSURE STATEMENT FORM (cont) Additional Accounting or Tax Preparation Services: Reimbursement consulting services are performed by Dixon Hughes Goodman LLC Additional Financial Service Providers: Citi Bank,Goldman Sachs,TowneBank,Old Point Bank,and First Citizens Bank DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. Organization name: Sentara Healthcare/Sentara Nightingale Regional Air Ambulance Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE I PROVIDER(use additional sheets if needed) 1 ciL dto9 l I Accounting and/or preparer of �,,;y,;� q;•° y n �° r-^ R Y I your tax return �.ra..L„ N .r(' e,ti Financial Services(include lending/banking Institutions and of!:<. •� t:`..pc 'M w,.n>ter: „• � ➢`•rgac'-an s Dar .arosyr. current mortgage holders as `'°`' : ,r., l / - applicable) `r Legal Services _; CERTIFICATION: li I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. i I understand I am responsible for updating the Information provided herein if it changes prior to the Council action upon this Application. i APPLI ANT'S SICNATURE r Denise Ba ,%?o- 4 t N PRINT NAME y_,.. _ 1 DATE 1,the undersigned,am legally authorized to sign this application for the company. The Information contained herein is true and correct. The company compiles Kith the minimum requirements as set forth in the current Virginia Emergency Medical Services Regulations,12 VAC 5-31,as amended. The company understands brat It may not provide any EMS services within the Cry of Viirg.nia Beach Without a current,valid City of Virginia Beach Private EMS Agency Permit and Virginia OEMS EMS Agency License. The company understands that should a Virginia Beat.'Private EMS Agency Permit to operate within the City of Virginia Beach be issued,R does not authorize a response area within the City. Should the company need to change its operational or administrative officers,corporate or contact Information,or level of service;or terminate service;or have a change in Its state issued linense{s); the company shall notify the Virginia Beach EMS Department within 10 days of the event(s). By submitting this agency permit application,the company agrees that it shall submit to the Virginia Beach EMS Department any renewals,changes,or enforcement actions associated with the company's OEMS Agency License within 10 days of said action(s). The company understands that failure to comply with these terms may result in its permit to operate in Virginia Beach being suspended or revoked. , Your signatu. -' I ' f .41 -r- -- �.7 DATE: 05/04/201( I AM THE: CEO listed above: f 0•-rations Officer listed above: > - _ . Return this form to: Division Chief Kevin Lipscomb, NRP klioscom ca%vbgo v.tom Regulation&Support Services Virginia Beach EMS Department 4160 Virginia Beach Blvd Virginia Beach VA 23452 Va l pnvate EMS agency classification S. M S NEONATAL AIR t- NON-EMERGENCY EMERGENCY NEW RENEWAL REINSTATEMENT S E N TA RA AIR AMBULANCE SERVICE 600 Gresham Drive Norfolk,VA 23507 Tel: 757.388.2500 Fax: 757.388.3090 nightn;ale,asEritaig,corn May 30. 2018 Kevin Lipscomb, NRP Division Chief 4160 Virginia Beach Blvd Virginia Beach, VA 23452 Chief Lipscomb, Please find the information requested by Virginia Beach City Attorney's office for our permit to operate in Virginia Beach below. Please feel free to contact me should you have further questions. Accounting& tax preparation services: Tax return is prepared by our internal accounting department. Reimbursement consulting services are performed by Dixon Hughes Goodman LLC. Financial services: Sun Trust Bank, TD Bank, Wells Fargo Bank, Bank of America/Merrill Lynch,JP Morgan Chase, US Bank, Barclays, Citibank, Goldman Sachs. 1owncBank. Old Point Bank, First Citizens Bank. Legal services: Willcox& Savage PC; William Mullin Clark & Dobbin; Patten Wornom Hagen and Diamonstein; McGuire Woods: Kaufman and Canoles; LeClair Ryan; Poole Mahoney; Wolcott. Rivers, Gates;Serratelli, Mijal Kindest Regards, Denise Baylous. N'S . RN, CCRN. CFRN, NRP Manager- Nighting e Regional Air Ambulance FM Part 135 aviation services provided by Metro Aviation, Inc. DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: Reliance Medical Transport Indicate if you receive any of the following services, and if so, from whom: YES j NO I SERVICE 1 I PROVIDER (use additional sheets if needed) x Accounting and/or preparation of Eckard CPA, P.C. tax returns Financial Services (include X lending/banking institutions and Navy Federal current mortgage holders as Credit union applicable) x Legal Services Pierce/Mccoy CERTIFICATION: a I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. I( ,�aSbk, Avintt,S APPLICANT'S SIGNATURE Jason Grimes 5/30/2018 11:07:43 AM EDT PRINT NAME DATE - - DISCLOSURE STATEMENT FORM •1 The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial Institutions so that it can determine if any City Council members have conflicts of Interest in the application you are bringing before them. Organization name: ROBBIE ' S AMBULANCE SERVICE, INC. Indicate if you receive any of the following services, and if so, from whom: YES NO SERVICE PROVIDER(use additional sheets If needed) Accounting and/or preparation of HARRY JERNIGAN C tax returns PA ATTORNEY, P.C. Financial Services (include lending/banking institutions and WELLS mortgage holders as FARGO BANK, BB&T BANK applicable) / A Legal Services -- CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. APPLICANT'S JE 'ER VILLANUEVA 5 / 31 / 2018 PRINT NAME DATE '}•.•lap. d5' •fy a3l.nR L•.�y y:IC.T',Ai Vii'..S'JC +G Np1."H4WK_.•iE•T SNa S' Dd^+'•e c,-'mr 't YF 4o.rt,, 1��.T..r.4,-T}:'"IY.1A+T }Y...YI MAn\a'+r•W SY$1CF.•..�FE:I`11MUlY i11�.:FM1Fh•?µV.1VCNFl iv4!'(} A�!d:Nyv.m.•y Y}M+4M1�w+ "-T}♦m.N: DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: gpeciai Event Providers of Emergency Medicine, Inc. Indicate if you receive any of the following services, and if so, from whom: YES NO SERVICE PROVIDER (use additional sheets if needed) 1/1 Accounting and/or preparation of tax returns Tax Prep - Karen Frittler Financial Services(include(101 lending/banking institutions and Townwn Ban k current mortgage holders as applicable) Legal Services Babineau Law-Corporate Lawyer CERTIFICATION: ' I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. X ACIAA APPLICANT'S SIGNATURE Tom Martin 05 - 2 9 -2 018 IPRINT NAME DATE "�.. • .. _ DISCLOSURE STATEM ENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. Organization name: Swift Medical Transport Are any of the following services being provided in connection with the applicant? 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) • Accounting and/or preparer of your tax return DRC, Bookkeeping & Tax Financial Services(includelending/banking Institutions and p current mortgage holders as Navy Federal Credit i ( applicable) !Union Legal Services Wi.lcote River & Gates CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. X APPLICANT'S SIGNATURE • PRINT NAME DATE DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them, Organization name: 1-104 tioaes_ fleci atif Trc poc) Indicate if you receive any of the following services, and if so, from whom: YES NO SERVICE PROVIDER (use additional sheets if needed) IS Accounting and/or preparation of F�1ak7.-Az ETk4.C(C;t-tC�-t�SSc.. tax returns +s(VN 0U NA.R3-70-7 71:57. .-3- v Z2`- 11 Financial Services (include �` � f c ��' ,C�� lending/banking institutions and C C.-V,1 r - Z 721-'7 current mortgage holders as applicable) � '(� C'(1 (�; i- , l Legal Services c 7 .K-Q..�V�.SCC- `citipq., `1S'Y-1l+0 ?3573 CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the info tion provided herein if it ' changes prio to the Council action u•on this Application. . Nki,d2v8, A4 . ; APPLICAN SIGNATURE 730C-LOOM- Th• S m‘14+1 3.'- g-0612 I PRINT NAME _ DATE u, . • 11.'! :\t 1 . C: ,•11-'1 S-_( 'X.f`.>-A". :l',I tr.ry.T-f .f ,;1 . -p . I,s. ... Dt t.1 - .i .1.,f i. t! .<iii .. ... IF•]__ .F... :I.,ih:/. 'Y^.. r :.I_i . .0 h:'.,... :71 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Re-Adopting the City Guidelines for Considering Requests Made Pursuant to the Public-Private Education Facilities and Infrastructure Act of 2002 MEETING DATE: June 19, 2018 • Background: The Virginia General Assembly adopted the Public-Private Education Facilities and Infrastructure Act of 2002 ("Act" or "PPEA") to enable public- private partnerships to bring the advantages of private sector innovation, creative private financing, and, in certain cases, provide for construction of public facilities more quickly and at a lower cost. In order for the City to utilize the procurement process presented in the Act, the state code requires the City adopt procedures for requesting, accepting and reviewing proposals. On June 24, 2003 and again on July 7, 2009, the City Council adopted "City of Virginia Beach Procedures Regarding Requests Made Pursuant to the Public-Private Education Facilities and Infrastructure Act of 2002" (the "Guidelines"). • Considerations: The attached resolution re-adopts the Guidelines, as updated. The primary purpose of this update is to assist in readability of the Guidelines, specifically the Guidelines are organized as a primary document and seven appendices. The primary document is seven pages, which is a substantial reduction from the City's current 22-page Guidelines. The primary document describes the procedural steps and requirements, and the appendices include reference materials, such as the PPEA definitions, and substantive requirements of a conceptual proposal or a detailed proposal. Additionally, the updated Guidelines include the concept of stipends. The intent of stipends is to keep competitive firms in the process as long as possible by offsetting a portion of the cost associated with the work required to complete a detailed proposal. As presented, only the Council can authorize stipends. In exchange for a stipend, the City will take ownership of the concept included in the detailed proposals. The Process Improvement Committee has reviewed the policy, and it offered edits and points of clarification. There are two additional clarifications reflecting input provided by the Council at the June 5, 2018 briefing. The City Manager is strongly encouraged to consult the City Council prior to accepting an unsolicited proposal, and if the City Attorney makes a written determination regarding protected portions of a conceptual proposal, that written determination will be posted with the posting of the proposal • Public Information: Normal Council agenda process. • Attachments: Resolution; Exhibit A, "City of Virginia Beach Guidelines Pursuant to the Public-Private Education Facilities and Infrastructure Act of 2002" Recommended Action: Approval Submitting De. . - Agency: Finance--- City Manager:t 1 A RESOLUTION RE-ADOPTING THE CITY 2 GUIDELINES FOR CONSIDERING 3 REQUESTS MADE PURSUANT TO THE 4 PUBLIC-PRIVATE EDUCATION FACILITIES 5 AND INFRASTRUCTURE ACT OF 2002 6 7 WHEREAS, the Public-Private Education Facilities and Infrastructure Act of 2002 8 ("Act") has the potential, in certain cases, to provide for the construction of public 9 facilities more quickly and at a lower cost; and 10 11 WHEREAS, for the City Council to be able to consider proposals from private 12 entities for approval of qualifying projects under the Act, guidelines must be established 13 that enable the City to comply with the provisions of the Act; and 14 15 WHEREAS, the City Council adopted "City of Virginia Beach Guidelines Pursuant 16 to the Public-Private Education Facilities and Infrastructure Act of 2002," on June 24, 17 2003, and re-adopted such Procedures on July 7, 2009. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 1. That the City Council hereby re-adopts the "City of Virginia Beach 23 Guidelines Pursuant to the Public-Private Education Facilities and Infrastructure Act of 24 2002," attached as Exhibit A, as the procedures that will be followed in considering all 25 requests from private entities for approval of qualifying projects under the Act. 26 27 2. That the City's Purchasing Agent is hereby directed to make these 28 Guidelines publicly available, which shall include posting them in Purchasing Division 29 offices and on the City's website. 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: 62+,/,,,juL / ) Finance Depart ent ' City Attorn-y's Office CA14097 R-2 June 8, 2018 EXHIBIT A City of Virginia Beach Guidelines Pursuant to the Public-Private Education Facilities and Infrastructure Act of 2002, as amended Va. Code § 56-575.1, et seq. [Note: The procedural portion of the document is the following seven pages. The appendices are provided for assistance in the form of template or reference to applicable sections of the PPEA.] Adopted by the City Council I. Introduction The Public-Private Education Facilities and Infrastructure Act of 2002, Va. Code Ann. §§ 56-575.1, et. seq. (the "PPEA"), grants a public entity the authority to create public-private partnerships for the development of a wide range of projects for public use if the public entity determines that there is a need for a project and that private involvement may provide the project to the public in a timely or cost-effective fashion. The definition of"public entity" in § 56-575.1 of the PPEA includes, inter alia, any political subdivision of the Commonwealth such as the City of Virginia Beach (the "City"). The PPEA is a method of project delivery, and as such, it should be viewed in the context of other methods by which the City procures items that are defined as "qualifying project" by the PPEA. For reference, a complete list of the PPEA Definitions is attached hereto as Appendix 1. The PPEA incorporates certain requirements from the Virginia Public Procurement Act (the "VPPA"), and for items not incorporated or referenced, the PPEA is exempted from the requirements of the VPPA. In order for a project to come under the PPEA, it must meet the definition of a "qualifying project." The PPEA contains broad definitions of"qualifying project." The PPEA defines "responsible public entity" as "a public entity that has the power to develop or operate the applicable qualifying project." Typically, the City will be the "responsible public entity" under the PPEA for any project, but it is possible for a qualifying project to include the Virginia Beach City Public Schools or the City of Virginia Beach Development Authority. Proposals may be made that are for a "mixed" project (for example, projects including both public parks and a school), where, for certain components, the City may be the responsible public entity, and for certain components, the School Board may be the responsible public entity. The City Manager and all officers and employees of the City shall follow the PPEA and this policy in any PPEA procurement in which they are involved. The City Manager may delegate his or her duties under this policy to members of staff The City Manager may designate a working group to review and evaluate any proposal submitted pursuant to these guidelines. The City Manager shall require as a condition of accepting any proposal for consideration that the proposer agree to be bound by all the terms and conditions of these Guidelines. II. Project Delivery The PPEA allows receipt of unsolicited proposals for a qualifying project. The PPEA also allows solicited proposals. For purposes of outlining project delivery steps, a process initiated by an unsolicited proposal will have an additional step at the beginning, which is the receipt of an unsolicited proposal and decision to accept that unsolicited proposal. Accordingly, the following steps shall apply for any PPEA project. 1 A. Unsolicited Proposal an Initiating Step The PPEA permits the City to receive and evaluate unsolicited proposals from private entities to acquire, design, construct, improve, renovate, expand, equip, maintain, finance, or operate a qualifying project. The City's general policy is to reserve acceptance of unsolicited proposals for cases of truly innovative ideas, because, in other cases, traditional procurement processes are generally viewed as more likely to achieve full and open competition from the bidding community. Additionally, the City discourages unsolicited proposals for capital projects when the City has already paid for design of the qualifying project because such a proposal will duplicate work. Accordingly, the City will likely reject an unsolicited proposal that lacks truly innovative ideas or are for a project wherein the design is underway or completed. To be considered, one original and nine (9) copies of any unsolicited proposal must be submitted to the City's Purchasing Agent, at 2388 Liberty Way, Virginia Beach, Virginia, 23456. While the City reserves the right to charge a review fee as permitted by the PPEA, these Guidelines do not require a fee at this time. The unsolicited proposal shall take the form of a conceptual proposal, which is described in detail in Appendix 2. The City Manager, in his sole discretion, may accept an unsolicited proposal. The City Manager is strongly encouraged to consult the City Council prior to acceptance of an unsolicited proposal to allow the Council to appoint liaisons for the project or provide guidance. Alternatively, the City Council may direct the City Manager to accept an unsolicited proposal. For a qualifying project that is within the purview of a Constitutional Officer, the Purchasing Agent and the Constitutional Officer shall consult prior to acceptance of an unsolicited proposal, but the decision to accept such a proposal will be with the Constitutional Officer. If the City Manager determines not to accept an unsolicited proposal,' the proposal shall be returned to the proposer, together with accompanying documentation or copies. For an unsolicited proposal that purports to develop specific cost savings, the City Manager shall specify the basis for the rejection in writing. If the City Manager accepts an unsolicited proposal, the City shall establish a place upon its website for the project (the "Project Page"), and this website will serve as the place for postings, notices, and related materials for such project. Upon acceptance, the City shall post the proposal and publish the notice requesting competing proposals. The Purchasing Agent shall create a summary of the proposed project and the accepted proposal, which does not divulge proprietary portions of the accepted proposal. Prior to posting, the Office of the City Attorney shall review any request to protect information in the proposal that the proposer sought to withhold from posting. Any potential proposer is encouraged to seek review of such information prior to submission of a proposal. The posting shall occur within 10 business days of the decision to accept the proposal. The posting shall include a contact person to receive public input on the concept. Additionally, at least one copy of the nonproprietary unsolicited proposal will be made available for public inspection. Proposers should be mindful of Va FOIA Advisory Opinion, AO-07-17, issued October 19, 2017, which provides that the nonproprietary portion of unsolicited proposal is subject to disclosure pursuant to FOIA while it is in the possession of the City and prior to action by the City to accept or reject such proposal. 2 B. Solicitation of Conceptual Proposals or Notice of Acceptance of Unsolicited Proposal The City may solicit proposals for any qualifying project by means of a solicited PPEA, which usually is initiated by a Request for Proposals (the "RFP"). Alternatively, if the City Manager has accepted an unsolicited proposal, the City will publish a notice of acceptance of an unsolicited proposal that requests competing conceptual proposals. The Notice or the RFP shall: • Identify the qualifying project specifically or conceptually; • Provide a deadline for the submission of competing proposals, which shall be at least 60 days from the notice or solicitation; • Provide any other conditions for the submission of competing proposals; • Provide additional information regarding the project, as needed, and to whom questions regarding the notice or solicitation may be directed. The notice or RFP shall be posted on the Project Page and in a manner consistent with the posting of other City procurement solicitations. Any changes of deadline or clarifying question(s) and answer(s) shall be posted on the Project Page, and the posting of such additional information or extensions shall not require additional newspaper advertisements. The costs of completion of proposals shall be the sole responsibility of the proposer(s). Contemporaneous with the notice or solicitation, the City Manager shall document in writing the decision to proceed with either competitive sealed bidding or competitive negotiation as described by the VPPA. The use of competitive negotiation requires a determination, in writing, that doing so is likely to be advantageous to the City and the public based upon either (i) the probable scope, complexity or priority of the project; (ii) the risk sharing including guaranteed cost or completion guarantees, added value or debt or equity investments proposed by the private entity; or (iii) an increase in funding, dedicated revenue source or other economic benefit from the project would not otherwise be available. The scoring methodology need not be completed at this time, but the methodology will be disseminated prior to or contemporaneously with the request for detailed proposals. C. Conceptual Proposal Stage Only proposals complying with the requirements of the PPEA and these Procedures that contain sufficient information for a meaningful evaluation and that are provided in an appropriate format, as described herein, will be considered by the City for further review at the conceptual stage. At least one copy of the nonproprietary proposal shall be made available for public inspection. A scan of the nonproprietary portions of the conceptual proposals will be posted on the Project Page within 10 business days of initiation of review. If the City Attorney has issued a written determination regarding nonproprietary portions, that letter shall be posted with the proposal. The posting shall include a contact person to receive public input on the concept. The Purchasing Agent shall create a summary of each proposal, which does not divulge proprietary portions of the accepted proposal. After reviewing an unsolicited proposal and any competing proposals submitted, the City Manager may determine: (a) not to proceed further with any proposal; (b) to proceed to the detailed phase of review of one or more of the proposers; or 3 (c) to request modifications or amendments to any proposals. However, the City Manager may not proceed to the detailed phase with only one proposer unless the Manager has determined in writing that only one proposer is qualified or that the only proposer to be considered is clearly more highly qualified than any other proposer. D. Detailed Proposal Stage The decision to proceed to the detailed phase shall include sending a request for detailed proposals to the chosen proposers. The costs of completion of such proposal shall be the sole responsibility of the proposer(s). Unless otherwise provided in its request, the required components of a detailed proposal are provided in Appendix 3. The complexity of the request will vary substantially depending on the nature of the project and whether the project includes financing, long-term operations, acquisition of real property, or other complicated components. The decision as to whether to use the financing plan contained in any proposal is at the City's sole discretion. If the project is principally the design and construction of a facility, the City may include the form contract utilized in other City construction projects. Similarly, the City may include a form lease or similar document to allow proposers to comment upon such form agreement. Only detailed proposals complying with the request for detailed proposals will be considered by the City. The request for detailed proposals shall provide the method of evaluation, including specifying the factors that will be used in evaluating the proposals and whether numerical scoring will be used in evaluating the proposals. A demonstrative list of evaluation criteria is provided in Appendix 4. If the City proceeds to the detailed phase with only one proposer, the detailed phase may, at the sole discretion of the City, be the initiation of negotiation of an interim or comprehensive agreement. If expressly approved by the City Council, the City Manager may include a proposal payment in a fixed amount as an enticement for proposers to submit a detailed proposal. Such proposal payment would be paid to unsuccessful proposers that submit a detailed proposal, and the payment is conditioned upon the City retaining the right to use technical solutions, design concepts, and any other proprietary information contained in the unsuccessful detailed proposal. After review of the detailed proposals and at least 30 days prior to execution of any interim or comprehensive agreement, the City shall hold a public hearing to allow public comment upon the proposals. E. Agreement Negotiation Stage If the review of the detailed proposals provides a preferred proposer or multiple preferred proposers or if the project includes severable components, the City Manager may begin negotiation of a comprehensive agreement. Alternatively, if negotiation is required with one or more proposers to ascertain a meaningful evaluation of the total cost of the project, the City Manager may negotiate deal terms with more than one proposer in an effort to ascertain a preferred proposer. 4 If there are work items required before a determination of the preferred proposer for a comprehensive agreement, the Manager may negotiate an interim agreement. Alternatively, an interim agreement may take the form of a term sheet if such a document is necessary and proper for the private party to secure or obtain a commitment for financing. The work items in an interim agreement may include: project planning and development; design and engineering; environmental analysis and mitigation; survey; ascertainment of financing through financial and revenue analysis; establishment of a process and timing of the negotiation of a comprehensive agreement. Because of the required approvals and its tendency to limit competition, the use of an interim agreement may not be applicable or desirable for certain projects. The PPEA legislation includes items provided for in a comprehensive agreement in §56- 575.9. This list is reproduced in Appendix 5. Once an interim or comprehensive agreement's material terms have been identified and agreed to in principle between the City and the private entity, the City Manager shall brief the City Council and provide a recommendation. If the Council concurs with such recommendation, the City Attorney shall prepare a resolution for the Council to consider. After an interim or comprehensive agreement has been negotiated in substantially completed form, a copy of the agreement shall be posted on the Project Page. This posting of the agreement should occur at least 30 days prior to the execution of the agreement, and non- material changes to the posted agreement do not require renewing the aforementioned 30-day posting period. The posting shall include a contact person for submission of public input. The public input shall be gathered and transmitted to the City Council prior to the requested action to approve an interim or comprehensive agreement. While the posting of the agreement is to occur at least 30 days prior to execution, nothing herein shall restrain the Council from approving an interim or comprehensive agreement at the formal meeting immediately prior to the end of the 30 day period. F. Required Approvals A resolution authorizing the City Manager to execute an interim agreement or a comprehensive agreement shall follow the normal Council agenda process. An example of the form of an authorizing resolution for a comprehensive agreement is provided in Appendix 6. Additional approvals may be required if the project requires the transfer of land, the lease of real property for a period of more than five years, or other actions for which specific action by the Council is required. As required by Va. Code § 56-575.9.F., when the City Council enters into an agreement pursuant to the PPEA, a copy should be submitted to the Auditor of Public Accounts within 30 days. Additionally, executed agreements shall be posted on the Project Page. III. Additional Considerations A. Protests A protest of a PPEA award may be initiated after the City Council authorizes the execution of a comprehensive agreement. Prior to such authorization, there is no award from which a protest may be made. The timelines and procedure for any such protest shall follow the VPPA procedure applicable to City procurement awards. 5 B. Governing Provisions In the event of any conflict between these Guidelines and the PPEA, the terms of the PPEA shall control. C. Participation of Small and Minority-Owned Businesses The City Council's policy is to facilitate participation of small businesses and businesses owned by women and minorities in its procurement transactions, including procurement transactions under the PPEA. Private entities making proposals to the City Council pursuant to the PPEA should ensure that efforts are made to facilitate participation of small businesses and businesses owned by women and minorities as part of their proposals. Subcontracting plans in accordance with the City's Small Business Enhancement Program shall be included with a detailed proposal. D. Use of Public Funds Virginia constitutional and statutory requirements as they apply to appropriation and expenditure of public funds apply to any interim agreement or comprehensive agreement entered into under the PPEA. Accordingly, the processes and procedural requirements associated with the expenditure or obligation of public funds shall be incorporated into planning for any PPEA project or projects. E. The Virginia Freedom of Information Act. 1. Any confidential and proprietary information provided to a responsible public entity by a private entity pursuant to the PPEA shall be subject to disclosure under the Virginia Freedom of Information Act ("FOIA") except as provided by § 56-575.4(G) of the PPEA. 2. To prevent the release of any confidential and proprietary information that otherwise could be held in confidence pursuant to § 56-575.4(G) of the PPEA, the private entity submitting the information must (i) invoke the exclusion from FOIA when the data or materials are submitted to the CITY or before such submission, (ii) identify the data and materials for which protection from disclosure is sought, and (iii) state why the exclusion from disclosure is necessary. A private entity may request and receive a determination from the Office of the City Attorney ("City Attorney") as to the anticipated scope of protection prior to submitting the proposal in accordance with § 2.2-3705.6(11). If a private entity fails to designate trade secrets, financial records, or other confidential or proprietary information for protection from disclosure, such information, records or documents may be subject to disclosure under FOIA of posting of proposals. 3. Proposers should be aware that the Virginia Freedom of Information Advisory Council has opined that the nonproprietary portions of an unaccepted unsolicited proposal are subject to disclosure pursuant to FOIA. 4. Upon receipt of a request from a private entity that designated portions of a proposal be protected from disclosure as confidential and proprietary, the City Attorney will determine whether such protection is appropriate under applicable law and, if appropriate, the scope of such appropriate protection, and shall communicate its determination to the private entity. If the 6 determination regarding protection or the scope thereof differs from the private entity's request, then the City shall afford the private entity a reasonable opportunity to clarify and justify its request. Upon a final determination by the City Attorney to provide less protection than requested by the private entity, the private entity shall be given an opportunity to withdraw its proposal. A proposal so withdrawn will be treated in the same manner as a proposal not accepted. 5. The City may withhold from disclosure memoranda, staff evaluations, or other records prepared by the City, its staff, outside advisors, or consultants exclusively for the evaluation and negotiation of proposals where (i) if such records were made public prior to or after the execution of an interim or a comprehensive agreement, the financial interest or bargaining position of the City would be adversely affected, and (ii) the basis for the determination is documented in writing by the City. Cost estimates relating to a proposed procurement transaction prepared by or for the City shall not be open to public inspection. 6. The City may not withhold from public access: (a) procurement records other than those subject to the written determination of the City; (b) information concerning the terms and conditions of any interim or comprehensive agreement, service contract, lease, partnership, or any agreement of any kind entered into by the City and the private entity; (c) information concerning the terms and conditions of any financing arrangement that involves the use of any public funds; or (d) information concerning the performance of any private entity developing or operating a qualifying transportation facility or a qualifying project. However, to the extent that access to any procurement record or other document or information is compelled or protected as required by law, then the City shall comply with such order. F. Timelines for Selecting Proposals and Negotiating Agreements and Accelerated Timelines for Priority Qualifying Facilities Normal expected timelines for selecting proposals and negotiating an interim agreement or comprehensive agreement are set out in Appendix 7. There is a separate timeline for unsolicited proposals that takes into account the additional time required by that process. For projects deemed a priority by the City, the portion of timelines related to selection, review, and documentation may be accelerated. The City should generally adhere to these timelines in PPEA procurements, but the City may deviate from them when it is in its interests to do so. 7 APPENDIX 1: DEFINITIONS "Affected jurisdiction" means any county, city or town in which all or a portion of a qualifying project is located. "Appropriating body" means the body responsible for appropriating or authorizing funding to pay for a qualifying project. "Commission" means the State Corporation Commission. "Comprehensive agreement" means the comprehensive agreement between the private entity and the responsible public entity required by § 56-575.9. "Develop" or "development" means to plan, design, develop, finance, lease, acquire, install, construct, or expand. "Interim agreement" means an agreement between a private entity and a responsible public entity that provides for phasing of the development or operation, or both, of a qualifying project. Such phases may include, but are not limited to, design, planning, engineering, environmental analysis and mitigation, financial and revenue analysis, or any other phase of the project that constitutes activity on any part of the qualifying project. "Lease payment" means any form of payment, including a land lease, by a public entity to the private entity for the use of a qualifying project. "Material default" means any default by the private entity in the performance of its duties under subsection E of§ 56-575.8 that jeopardizes adequate service to the public from a qualifying project. "Operate" means to finance, maintain, improve, equip, modify, repair, or operate. "Private entity" means any natural person, corporation, general partnership, limited liability company, limited partnership,joint venture, business trust, public benefit corporation, non-profit entity, or other business entity. "Public entity" means the Commonwealth and any agency or authority thereof, any county, city or town and any other political subdivision of the Commonwealth, any public body politic and corporate, or any regional entity that serves a public purpose. "Qualifying project" means (i) any education facility, including,but not limited to a school building, any functionally related and subordinate facility and land to a school building (including any stadium or other facility primarily used for school events), and any depreciable Appendix 1 - 1 property provided for use in a school facility that is operated as part of the public school system or as an institution of higher education; (ii) any building or facility that meets a public purpose and is developed or operated by or for any public entity; (iii) any improvements, together with equipment, necessary to enhance public safety and security of buildings to be principally used by a public entity; (iv) utility and telecommunications and other communications infrastructure; (v) a recreational facility; (vi) technology infrastructure, services, and applications, including,but not limited to, telecommunications, automated data processing, word processing and management information systems, and related information, equipment, goods and services; (vii) any services designed to increase the productivity or efficiency of the responsible public entity through the use of technology or other means, (viii) any technology, equipment, or infrastructure designed to deploy wireless broadband services to schools, businesses, or residential areas; (ix) any improvements necessary or desirable to any unimproved locally- or state-owned real estate; or(x) any solid waste management facility as defined in § 10.1-1400 that produces electric energy derived from solid waste. "Responsible public entity" means a public entity that has the power to develop or operate the applicable qualifying project. "Revenues" means all revenues, income, earnings, user fees, lease payments, or other service payments arising out of or in connection with supporting the development or operation of a qualifying project, including without limitation, money received as grants or otherwise from the United States of America, from any public entity, or from any agency or instrumentality of the foregoing in aid of such facility. "Service contract" means a contract entered into between a public entity and the private entity pursuant to § 56-575.5. "Service payments" means payments to the private entity of a qualifying project pursuant to a service contract. "State" means the Commonwealth of Virginia. "User fees" mean the rates, fees or other charges imposed by the private entity of a qualifying project for use of all or a portion of such qualifying project pursuant to the comprehensive agreement pursuant to § 56-575.9. Appendix 1 - 2 APPENDIX 2: CONCEPTUAL PROPOSAL SUBMISSION Conceptual Proposal Preparation and Submission The City requires that proposals at the conceptual stage contain information in the following areas: (1) qualifications and experience, (2) project characteristics, (3) project financing, but only if public financing is unavailable or potentially less advantageous, (4) project benefit and compatibility. The City may reasonably request additional information from any proposer. All potential proposers should be mindful that there is a legal requirement to post conceptual proposals. As such, any protections sought pursuant to Va. Code § 2.2-3705.6(11) should be undertaken prior to posting. An unsolicited proposal shall include an executive summary not designated as "Confidential-Not Releasable under VaFOIA" that describes the proposed qualifying project sufficiently so that potential competitors can reasonably formulate meaningful competing proposals from a review of the summary and publicly-available information. Unless otherwise indicated in the solicitation or Receipt of Unsolicited PPEA Proposal and Solicitation of Competing Proposals, as applicable, conceptual-phase proposals should contain the information indicated below in the format indicated below: TAB 1: Qualifications and Experience • Identify the legal structure of the private entity making the proposal. Identify the organizational structure for the project, the management approach, and how each participant in the structure fits into the overall team. If the private entity that would be signing any comprehensive agreement would be a corporation, limited liability company, limited partnership, or an entity formed especially for the project, and if the proposer is relying at all on the past experience, name, or financial statements of any other person or entity to show the private entities' capabilities and responsibility, state what guaranty of performance will be provided by such other persons or entities. • Describe the experience of the entities making the proposal, the key principals and project managers involved in the proposed project including experience with projects of comparable size and complexity, including prior experience bringing similar projects to completion on budget and in compliance with design, land use, service and other standards. Describe past safety performance and current safety capabilities. Describe the past technical performance history on recent projects of comparable size and complexity, including disclosure of any legal claims relating to such projects. Describe the length of time in business, business experience, public sector experience, and other engagements. Include the identity of any firms that will provide design, construction and completion guarantees and warranties, and a description of such guarantees and warranties. • For each firm or major subcontractor that will be utilized in the project, provide a statement listing the firm's prior projects and clients for the past 3 years and contact information for same (name, address, telephone number, e-mail address). If a firm has worked on more than ten (10) projects during this period, it may limit its prior project list to ten (10), but shall first include all projects similar in scope and size to the proposed project and, second, it shall include Appendix 2 - 1 as many of its most recent projects as possible. Each firm or major subcontractor shall be required to submit all performance evaluation reports or other documents, which are in its possession evaluating the firm's performance during the preceding three years in terms of cost, quality, schedule maintenance, claims, change orders, lawsuits, safety and other matters relevant to the successful project development, operation, and completion. • Provide the names, prior experience, addresses, telephone numbers and e-mail addresses of persons within the firm or who will be directly involved in the project or who may be contacted for further information. • Provide the current or most recent financial statements of the firm (audited financial statements to the extent available), and if the firm is a joint venture, limited liability company, partnership or entity formed specifically for this project, provide financial statements (audited if available) for the firm's principal venturers, members, partners, or stockholders that show that the firm or its constituents have appropriate financial resources and operating histories for the project. • Identify any persons known to the proposer who would be obligated to disqualify themselves from participation in any transaction arising from or in connection to the project pursuant to The Virginia State and Local Government Conflict of Interest Act, Chapter 31 (Va. Code § 2.2-3100, et seq.). • Identify the proposed plan for obtaining sufficient numbers of qualified workers in all trades or crafts required for the project. • For each firm or major subcontractor that will perform construction and/or design activities, provide an accurately completed Commonwealth of Virginia Department of General Services (DGS) Form 30-168, or successor form. • Describe efforts to facilitate participation of small businesses and businesses owned by women and minorities and the success of those efforts for the project. TAB 2: Project Characteristics • Provide a description of the project, including the conceptual design. Describe the proposed project in sufficient detail so that type and intent of the project, the location, and the communities that may be affected are clearly identified. • Identify and fully describe any work to be performed by the City or any other public entity. • Include a list of all federal, state and local permits and approvals required for the project and a schedule for obtaining such permits and approvals. • Identify any anticipated adverse social, economic, environmental and transportation impacts of the project measured against the City's or other affected jurisdiction's comprehensive land use plan and applicable ordinances and design standards. Specify the strategies or actions to mitigate known impacts of the project. Indicate if an environmental and archaeological assessment has been completed. Appendix 2 - 2 • Identify the projected positive social, economic, environmental and transportation impacts of the project measured against the City's or other affected jurisdiction's comprehensive land use plan and applicable ordinances and design standards. • Identify the proposed schedule for the work on the project, including sufficient time for the City's review and the estimated time for completion. • Identify contingency plans for addressing public needs in the event that all or some of the project is not completed according to projected schedule. • Propose allocation of risk and liability, and assurances for timely completion of the project. • State assumptions related to ownership, legal liability, law enforcement and operation of the project and the existence of any restrictions on the City's use of the project. • Provide information relative to phased openings of the proposed project. • Describe any architectural, building, engineering, or other applicable standards that the proposed project will meet. TAB 3: Project Financing • Provide a preliminary estimate and estimating methodology of the cost of the work by phase, segment (e.g., design, construction, and operation), or both. • Submit a plan for the development, financing and operation of the project showing the anticipated schedule on which funds will be required. Describe the anticipated costs of and proposed sources and uses for such funds, including any anticipated debt service costs. The operational plan should include appropriate staffing levels and associated costs. Include any supporting due diligence studies, analyses, or reports. • Include a list and discussion of assumptions underlying all major elements of the plan. Assumptions should include all fees associated with financing given the recommended financing approach, including but not limited to, underwriter's discount, placement agent, legal, rating agency, consultants, feasibility study and other related fees. A complete discussion or interest rate assumptions should be included given current market conditions. Any ongoing operational fees should also be disclosed, as well as any assumptions with regard to increases in such fees and escalator provision to be required in the Comprehensive Agreement. • Identify the proposed risk factors and methods for dealing with these factors. Describe methods and remedies associated with any financial default. • Identify any local, state or federal resources that the proposer contemplates requesting for the project along with an anticipated schedule of resource requirements. Describe the total commitment, if any, expected from governmental sources and the timing of any anticipated commitment, both one-time and on-going. • Clearly describe the underlying support and commitment required by the City under your recommended plan of finance. Include your expectation with regard to the City providing its general obligation or moral obligation backing. Appendix 2 - 3 • Identify any dedicated revenue, source or proposed debt or equity investment on behalf of the private entity submitting the proposal. TAB 4: Project Benefit and Compatibility • Identify community benefits, including the economic impact the project will have on the local community in terms of amount of tax revenue to be generated for the City or other affected jurisdiction, the number jobs generated for area residents and level of pay and fringe benefits of such jobs, and the number and value of subcontracts generated for area subcontractors. • Identify any anticipated public support or opposition, as well as any anticipated government support or opposition (including that in any affected jurisdiction), for the project. • Explain the strategy and plans, including the anticipated timeline that will be carried out to involve and inform the general public, business community, and governmental agencies in areas affected by the project. • Describe any anticipated significant benefits to the community and the City, including anticipated benefits to the economic, social, environmental, transportation, Comprehensive Plan, etc., condition of the City and whether the project is critical to attracting or maintaining competitive industries and businesses to the City or other affected jurisdiction. • Describe the project's compatibility with the City's and/or affected jurisdiction's local comprehensive plan (including related environmental, land use and facility standards ordinances, where applicable), infrastructure development plans, transportation plans, the capital improvements plan and capital budget or other government spending plan. TAB 5: Any additional information as the City may reasonably request and certifications The City may reasonably request additional information from any proposer. Additionally, the proposal shall provide the following certification and distribution of the proposal: 1. Certification: Representations, information and data supplied in, or in connection with, proposals play a critical role in the competitive evaluation process and in the ultimate selection of a proposal by the City. Accordingly, as part of any proposal, the proposer shall certify that all material representations, information and data provided in support of, or in connection with, its proposal are true and correct. Such certification shall be made by authorized individuals who are principals of the proposer and who have knowledge of the information provided in the proposal. In the event that material changes occur with respect to any representations, information or data provided for a proposal, the proposer shall immediately notify the City of the same. 2. Distribution to Affected Jurisdictions: Any private entity submitting a conceptual or detailed proposal to the City must provide any affected jurisdiction with a copy of the private entity's proposal by certified mail, express delivery or hand delivery. In the case of solicited proposals, such copy should be submitted to any affected jurisdiction to ensure its receipt at the time proposals are due to be submitted to the City. In the case of Appendix 2 - 4 unsolicited proposals, such copy should be submitted to any affected jurisdiction to ensure its receipt within 5 business days after receiving notice from the City that the City has decided to accept the proposal pursuant to Section 6.1.1 hereof Any affected jurisdiction shall have 60 days from the receipt of the proposal to submit written comments to the City and to indicate whether the proposed qualifying project is compatible with the jurisdiction's (i) comprehensive plan, (ii) infrastructure development plans, and (iii) capital improvements budget or other government spending plan. The City shall give consideration to comments received in writing within the 60-day period, and no negative inference shall be drawn from the absence of comment by an affected jurisdiction. The City may begin or continue its evaluation of any such proposal during the 60-day period for affected jurisdictions to submit comments. Appendix 2 - 5 APPENDIX 3: DETAILED PROPOSAL SUBMISSION If the City decides to proceed to the detailed phase of review with one or more proposals, the following information, along with an executive summary of the proposal at its beginning, should be provided by the private entity unless waived by the City Manager: 1. A topographical map (1:2,000 or other appropriate scale) depicting the location of the proposed project. 2. Conceptual site plan indicating proposed location and configuration of the project on the proposed site; 3. Conceptual (single line) plans and elevations depicting the general scope, appearance and configuration of the proposed project; 4. Detailed description of the proposed participation, use and financial involvement of the City. Include the proposed terms and conditions for the project, 5. A list of public utility facilities, if any, that will be crossed by the qualifying project and a statement of the plans of the proposer to accommodate such crossings. 6. Information relating to the current plans for development of facilities that are similar to the qualifying project being proposed by the private entity in any affected jurisdiction; 7. A statement and strategy setting out the plans for securing all necessary property and/or easements. The statement must include the names and addresses, if known, of the current owners of the subject property as well as a list of any property the proposer intends to request the City or affected jurisdiction to condemn. 8. A detailed listing of all firms, along with their relevant experience and abilities, that will provide specific design, construction and completion guarantees and warranties, and a brief description of such guarantees and warranties along with a record of any prior defaults for performance. 9. A total life-cycle cost, including maintenance, specifying methodology and assumptions of the project or projects including major building systems (e.g., electrical, mechanical, etc.), and the proposed project start date. Include anticipated commitment of all parties; equity, debt, and other financing mechanisms; and a schedule of project revenues and project costs. The life-cycle cost analysis should include, but not be limited to, a detailed analysis of the projected return, rate of return, or both, expected useful life of facility and estimated annual operating expenses using City adopted service levels and standards. 10. A detailed discussion of assumptions about user fees or rates, lease payments and other service payments, and the methodology and circumstances for changes, and usage of the projects over the useful life of the projects. Appendix 3 - 1 11. Identification of any known government support or opposition, or general public support or opposition for the project or financing thereof. Government or public support should be demonstrated through resolution of official bodies, minutes of meetings, letters, or other official communications. 12. Demonstration of consistency with appropriate City and/or affected jurisdiction comprehensive plans (including related environmental, land use and facility standards ordinances, where applicable), infrastructure development plans, transportation plans, the capital improvement plan and capital budget, or indication of the steps required for acceptance into such plans. 13. Explanation of how the proposed project would impact the City's or affected jurisdictions' development plans. 14. Description of an ongoing performance evaluation system or database to track key performance criteria, including but not limited to, schedule, cash management, quality, worker safety, change orders, and legal compliance. 15. Identification of any known conflicts of interest or other factors that may impact the City's consideration of the proposal, including the identification of any persons known to the proposer who would be obligated to disqualify themselves from participation in any transaction arising from or in connection to the project pursuant to The Virginia State and Local Government Conflict of Interest Act, Chapter 31 (Va. Code § 2.2-3100, et seq.). 16. Acknowledge conformance with Sections 2.2-4367 through 2.2-4377 of the Code of Virginia, the Ethics in Public Contracting Act. 17. Additional material and information as the City may reasonably request. Additionally and in furtherance of anticipated contract negotiations, the City Manager may distribute the City's typical contract document and request the proposer identify any exception to the proposed contract. Appendix 3 - 2 APPENDIX 4: EVALUATION CRITERIA The following is a demonstrative list of evaluation criteria. The City will develop evaluation criteria specific to the applicable project, and such criteria will be clearly provided to the proposers in the request for detailed proposals. A. Qualifications and Experience Factors to be considered in either phase of the City's review to determine whether the private entity possesses the requisite qualifications and experience may include but are not necessarily limited to: 1. Experience with similar projects of comparable scope and value; 2. Demonstration of ability to perform work at the appropriate level of quality standards; 3. Leadership structure; 4. Project manager's experience; 5. Management approach; 6. Financial condition; and 7. Project ownership. B. Project Characteristics Factors to be considered in determining the project characteristics may include but are not necessarily limited to: 1. Project definition; 2. Proposed project schedule; 3. Operation of the project; 4. Technology; technical feasibility; 5. Conformity to laws, regulations, and standards; 6. Environmental impacts; 7. Condemnation impacts; 8. State and local permits; and 9. Maintenance of the project. 10. Quality standards to meet proposed project quality. C. Project Financing Factors to be considered in determining whether the proposed project financing allows adequate access to the necessary capital to finance the project may include but are not necessarily limited to: 1. Cost and cost benefit to the City; 2. Financing and the impact on the debt or debt burden of the City; 3. Financial plan, including the degree to which the proposer has conducted due diligence investigation and analysis of the proposed financial plan and the results of any such inquiries or studies; 4. Estimated cost; 5. Life-cycle cost analysis; Appendix 4 - 1 6. The identity, credit history, and past performance of any third party that will provide financing for the project and the nature and timing of their commitment; 7. Comparable costs of other project delivery methods; and 8. Opportunity costs assessment. D. Project Benefit and Compatibility Factors to be considered in determining the proposed project's compatibility with the appropriate local or regional comprehensive or development plans may include but are not necessarily limited to: 1. Community benefits; 2. Community support or opposition, or both; 3. Public involvement strategy; 4. Compatibility with existing and planned facilities; and 5. Compatibility with local, regional, and state economic development efforts. 6. Fiscal impact to the City in terms of revenues and expenditures. 7. Economic output of the project in terms of jobs and total economic impact on the local economy. 8. Submission of required statement regarding participation efforts that is to be undertaken with regard to minority-owned businesses, woman-owned businesses, and small businesses. Failure to submit this statement shall constitute grounds to reject any proposal. E. Other Factors Other factors that may be considered by the City in the evaluation and selection of PPEA proposals include: 1. The proposed cost of the qualifying project; 2. The general reputation, industry experience, and financial capacity of the private entity; 3. The proposed design of the qualifying project; 4. The eligibility of the project for accelerated documentation, review, and selection; 5. Local citizen and government comments; 6. Benefits to the public, including financial and nonfinancial; 7. The inclusion of environmentally sustainable practices in the design, construction and ultimate operation of the project; and 8. Other criteria that the City deems appropriate. Appendix 4 - 2 APPENDIX 5: COMPREHENSIVE AGREEMENT Comprehensive Agreement (from Va. Code § 56-575.9) The terms of the comprehensive agreement shall be tailored to address the specifics of the project and shall include, if applicable, but not be limited to: 1. The delivery of maintenance, performance and payment bonds or letters of credit in connection with any acquisition, design, construction, improvement, renovation, expansion, equipping, maintenance, or operation of the qualifying project, including, without limitation, bonds or letters of credit that comply with Virginia Code § 2.2-4337 for components of the qualifying project that include construction; 2. The review and approval of plans and specifications for the qualifying project by the City; 3. The rights of the City to inspect the qualifying project to ensure compliance with the comprehensive agreement; 4. The maintenance of a policy or policies of liability insurance or self-insurance reasonably sufficient to insure coverage of the project and the tort liability to the public and employees and to enable the continued operation of the qualifying project; 5. The monitoring of the practices of the private entity by the City to ensure proper maintenance, safety, use and management of the qualifying project; 6. The terms under which the private entity will reimburse the City for services provided; 7. The policy and procedures that will govern the rights and responsibilities of the City and the private entity in the event that the comprehensive agreement is terminated or there is a material default by the private entity, including without limitation, the conditions governing assumption of the duties and responsibilities of the private entity by the City and the transfer or purchase of property or other interests of the private entity by the City; 8. The terms under which the private entity will file appropriate financial statements on a periodic basis. 9. The mechanism by which user fees, lease payments, or service payments, if any, may be established from time to time upon agreement of the parties. Any payments or fees shall be the same for persons using the facility under like conditions and that will not materially discourage use of the qualifying project; 10. A copy of any service contract shall be filed with the City. 11. A schedule of the current user fees or lease payments shall be made available by the private entity to any member of the public upon request. Appendix 5 - 1 12. Classifications according to reasonable categories for assessment of user fees may be made. 13. The terms and conditions under which the City will contribute financial resources, if any, for the qualifying project; 14. If the private entity is a limited purpose or "shell" entity, such as a limited liability company, limited partnership, or corporation, that lacks its own substantial resources and operating history and that will depend on its members, partners, shareholders or others for resources to perform, then guarantees of performance by such operator's principal members, etc., or other similar arrangements that adequately assure performance. 15. Other requirements of the PPEA or provisions that the City determines serve the public purpose of the PPEA. Any changes in the terms of the comprehensive agreement as may be agreed upon by the parties from time to time shall be added to the comprehensive agreement only by written amendment. The comprehensive agreement may provide for the development or operation of phases or segments of a qualifying project. Appendix 5 - 2 APPENDIX 6: ADOPTING RESOLUTION A RESOLUTION MAKING A PUBLIC PURPOSE DETERMINATION UNDER THE PPEA, AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPREHENSIVE AGREEMENT FOR , AND SETTING AN APPROXIMATE START DATE WHEREAS, on , the City (the "City") received an unsolicited proposal pursuant to the Virginia Public-Private Education Facilities and Infrastructure Act ("PPEA") from for ( the "Project"); and WHEREAS, on , the City posted a public notice requesting conceptual proposals pursuant to the PPEA for the Project; and WHEREAS, the City received conceptual proposals for the Project; and WHEREAS, on , the City requested detailed proposals pursuant to the PPEA for the Project; and WHEREAS, the City received detailed proposals for the Project; and WHEREAS, on , the City was briefed on the responses to the detailed proposals and, after reviewing the information provided by staff and the staff's recommendation, the City Council directed the City Manager to continue negotiations with ; and WHEREAS, on , the City held a public hearing to allow public comment on the Project; and WHEREAS, on , a copy of the Comprehensive Agreement in substantially completed form was posted on the City website; and NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. Based upon the review of the proposals received and information and advice provided by the City Manager, the City Council hereby determines that entering into a comprehensive agreement for the with will serve the public purpose because (i) there is a public need and benefit to be derived from such agreement, (ii) the price of is reasonable in relation to similar facilities, and (iii) the agreement will result in the timely development of the . 2. The City Manager or his designee is hereby directed to execute, after approval for legal sufficiency by the City Attorney or his designee, the comprehensive agreement with . 3. The approximate start date for the comprehensive agreement is . Appendix 6 - 1 APPENDIX 7: ANTICIPATED TIMELINES Projected Procurement Timeline for City PPEA Procurement Initiated By Unsolicited Proposal Activity Date Activity Guidelines Number Reference 1 D Receipt of Unsolicited Proposal Page 2 2 D+30 Decide whether to accept Page 2 Unsolicited Proposal, whether to use competitive negotiation, what conditions to impose, and whether the proposer's request to exclude information from disclosure is necessary 3 D+35 Prepare Notice of Unsolicited Page 3 Proposal, Receipt of Unsolicited Proposal, and Post and Publish 4 D+95 Receive Competing Conceptual- Page 3 Phase Proposals 5 D+100 Determine whether proposers' Page 6-7 requests to exclude information from disclosure are necessary. Post proposals. 6 D+130 Evaluate Conceptual-Phase Page 3 Proposals, decide whether to proceed. If proceeding, select proposers to invite to submit, and invite submission of Detailed- Phase Proposals 7 D+200 Receive and evaluate Detailed- Page 4 Phase Proposals, conduct interviews, and select proposer(s) for negotiation of agreement, schedule public hearing 8 D+260 Negotiate Interim Agreement or Page 4-5 Comprehensive Agreement; finalize awardee 9 D+270 Post agreement for public Page 5 10 D+330 Obtain approval by City Council; Page 5 if approved, execute agreement Appendix 7— 1 Projected Procurement Timeline for PPEA Procurement Solicited By City Request for Proposals ("RFP") Activity Date Activity Guidelines Reference Number 1 D Initiate procurement under Page 3 PPEA. Decide whether to use competitive negotiation and issue RFP. 2 D+60 Receive Conceptual-Phase Page 3 Proposals 3 D+65 Determine whether Page 6-7 proposers' requests to exclude information from disclosure are necessary. Post proposals. 4 D+95 Evaluate Conceptual-Phase Page 3 Proposals and decide whether to proceed. If proceeding, select proposers to invite to submit, and invite submission of Detailed- Phase Proposals 5 D+165 Receive and evaluate Page 4 Detailed- Phase Proposals, conduct interviews, and select proposer(s)for negotiation of agreement, schedule public hearing 6 D+225 Negotiate Interim Agreement Page 4-5 or Comprehensive Agreement; finalize awardee 7 D+235 Post agreement for public Page 5 8 D+295 Obtain approval by City Page 5 Council; execute agreement Note: Considerable planning before Activity 1 is required to determine the City's needs for a project and to state them in an RFP. Appendix 7 —2 i=i .s:. up. CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Approve a Term Sheet for Ashville Park Drainage Improvements and to Authorize the City Manager to Execute a Cost Participation Agreement and an Agreement of Sale and Dedication MEETING DATE: June 19, 2018 • Background: Ashville Park is a subdivision in the southern portion of the City. During intense rainfall events, Ashville Park experiences recurrent flooding. This flooding has been most acutely felt during three specific events: Tropical Storm Hermine, September 1 , 2016; Tropical Storm Julia, September 19, 2016; and Hurricane Matthew, October 2016. During these events, roadway flooding made neighborhood roads impassable. For extended periods of time, some lasting several days, residents could neither enter nor leave the neighborhood. During Huricane Matthew, there was flooding in homes and garages. In the FY2018 CIP, the City established CIP 7-047, "Ashville Park Drainage Improvements." In the FY2019 CIP, the description of 7-047 was modified to clearly provide that the scope of the proposed improvements is what had been briefed to the City Council as Phase I. Phase I will provide immediate, near-term flooding relief to the 299 families in the existing Villages A and B. The design of Phase I would also allow the developer of Ashville Park to proceed with a proposed Village C, but it does not include all of the improvements necessary for the proposed Villages D and E. The work required for Phase I is estimated to cost $11,122,796, based upon the design and estimating work of the Department of Public Works. The City has undertaken negotiations with the developer of Ashville Park to develop a cost share for the proposed improvements. As a result of those negotiations, the City and the developer agreed to apportion the costs based upon the units in Villages A and B (72% of the total units) and the units in Village C (28% of the total units if the developer's tally includes 116 units). Additionally, the City has agreed to purchase a 5.49 acre BMP for an agreed-upon cost of $363,500. Public Works has determined that there is value to acquiring this BMP in the form of water quality credits estimated to be worth $2,144,868. A memorandum from Deputy City Manager Tom Leahy is attached to this item, and it describes the proposed deal terms in further detail. • Considerations: This ordinance approves a term sheet that is consistent with the deal terms described above. If adopted, the City Manager would be permitted to execute a Cost Participation Agreement or CPA with the Developer. The CPA will allow the commencement of construction for the various items included in the scope for Phase I. Additionally, the City Manager would be authorized to execute an Agreement of Sale and Dedication. This Agreement will allow the acquisition of easements and property interests required for the City to complete the work that is the City's responsibility. Additionally, the Agreement sets forth the terms for closing on the acquisition of BMP 10A. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance; Exhibit A: Summary of Terms; Exhibit B: Memorandum from Deputy City Manager Tom Leahy of April 27, 2018; Disclosure Form Recommended Action: Approval Submitting Dep• - - s Agency: Department of Public Works if City Manager: riot.�\ 1 AN ORDINANCE TO APPROVE A TERM SHEET FOR 2 ASHVILLE PARK DRAINAGE IMPROVEMENTS AND TO 3 AUTHORIZE THE CITY MANAGER TO EXECUTE A COST 4 PARTICIPATION AGREEMENT AND AN AGREEMENT OF 5 SALE AND DEDICATION 6 7 WHEREAS, the Ashville Park neighborhood has experienced repeated flooding 8 during rain events; and 9 10 WHEREAS, the developer, HOFD Ashville Park, LLC, has agreed to share costs 11 and work responsibilities for the Phase I Stormwater Improvements in the Ashville Park 12 neighborhood; and 13 14 WHEREAS, the City staff believes the proposed term sheet, described in 15 summary in the attached Exhibit A and in more detail in the memorandum from Deputy 16 City Manager Tom Leahy of April 27, 2018, attached hereto as Exhibit B, balances the 17 equities for the required Phase I Stormwater Improvements between the City and HOFD 18 Ashville Park, LLC. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA, THAT: 22 23 1. The City Council hereby approves the proposed term sheet between the City and 24 HOFD Ashville Park, LLC for Phase I Stormwater Improvements set forth in 25 Exhibit A and Exhibit B, which are incorporated herein, subject to the following 26 enactments. 27 28 2. The City Manager is authorized to execute a Cost Participation Agreement and 29 an Agreement of Sale and Dedication provided such agreements have been 30 reviewed for legal sufficiency by the Office of the City Attorney and the financial 31 commitments are consistent with the Adopted FY2019 Capital Improvement 32 Program. 33 34 3. The City Manager, through the Department of Budget and Management 35 Services, is authorized to amend the Capital Project Page for CIP 7-047, 36 "Ashville Park Drainage Improvements — Phase I," to include the contribution of 37 the Developer to the scope of work for this CIP 7-047. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL I NCY: kAit Department of P .lic Works tic orney's Office CA14456 R-3 June 12, 2018 EXHIBIT A Ashville Park Stormwater Project—Phase 1 Summary of Material Terms Parties: City of Virginia Beach ("City") HOFD Ashville Park, LLC ("Developer") Ashville Park Homeowners Association, Inc. —Party only to certain easements related to drainage, impoundment, maintenance, and access Purpose: City and Developer Division of Costs and Responsibility for Phase I Material Terms: Total Cost of Improvements: $11,122,796 Division of Responsibility for Work Items: City: Preliminary Engineering and 30% Design; Flanagan's Lane Pump Station; BMP 14 Weir; Sandbridge Road/New Bridge Road Intersection Improvements; Princess Anne Farm Ditch Developer: BMP #2A; BMP #6 Expansion; BMP #10A; BMP #16; Channel #10A; Channel #15; Historic Farm Ditch; Ranier Village Emergency Ingress/Egress Cost Share split percentage: City (72%)/Developer(28%) Cost Share split dollars: City $8,008,413 / Developer $3,114,383. Developer to retain first $1,000,000 of costs savings if the resulting bid is lower than the estimated cost. Any additionally savings are shared 50/50. City to purchase BMP 10A (5.490 acre) for $363,500 ($1.52 per sq. foot). City to retain the rights to water quality credits in BMP 10A. Developer to transfer various rights of entry, property, and easements to City to allow City to complete its work items. Ashville Park Homeowners to provide easements for stormwater purposes -, Exhibit B G N1A-BE `; / \ City of Vir, •inia g�ach .+,'mac. e�� Of OVRNr. N���O VBgov.com OFFICE OF THE CITY MANAGER MUNICIPAL CENTER (757)385-4242 BUILDING 1 FAX(757)427-5626 2401 COURTHOUSE DRIVE TDD(757)385-4305 VIRGINIA BEACH,VA 23456-9001 INTER-OFFICE MEMORANDUM DATE: April 27, 2018 TO: David L. Hansen, City Ma ger FROM: Thomas M. Leahy, Deputy City Manager SUBJECT: Ashville Park Stormwater Project— Cost Participation This memo will summarize the proposed term sheet for the City/Developer cost participation for Phase I of the Ashville Park stormwater project. A draft term sheet that Public Works and the Developer have verbally agreed to is enclosed. If approved, this term sheet would be the basis for a cost participation agreement (CPA) between the City and the Developer of Ashville Park, Village C. Phase 1 would provide immediate, near-term flooding relief to the 299 families in the existing Villages A and B. During a 100-year storm, there would be no flooding in any living spaces. Although water would still pond in yards and streets, it would drain away much faster(hours versus days). Phase 1 would also provide additional benefits with respect to more frequent precipitation events (2-year, 5-year, and 10-year storms). Phase I has been designed assuming that Village C development would proceed with either 98 or 116 lots. However, by itself, Phase I will not provide all the improvements necessary for Villages D and E to move forward. Enclosed with this memo is a map showing the various components of Phase I. The City would construct the pump station, the outfall weir, the Sandbridge/New Bridge Road improvements, the Princess Anne Farm Ditch improvements, and provide the 30% design. The Developer would expand BMP 6; construct BMP's 2A, 10A, and 16; construct canals 10A and 15; and regrade the Historic Farm Ditch'. Phase 1 is estimated to cost $11,122,796, based upon a unit cost for excavation that both Public Works and the Developer feel is reasonable. Public Works and the Developer have agreed upon a cost share of$8,008,413 for the City (72%) and 1 Each party would be responsible for the 100%design of its respective component projects. The Developer would also construct an emergency ingress/egress for Ranier Village at Cayman Lane. However,that cost is 100%the responsibility of the Developer and is not part of the cost share discussed herein. April 27, 2018 David L. Hansen Ashville Park Stormwater Project Page 2 of 2 $3,114,383 for the Developer (28%). For reasons stated below, the City would purchase a 5.490 acre parcel from the Developer at a cost of$363,500 ($1.52 per square foot). This parcel would incorporate one of the newly constructed storage BMP's (10A), and the City would own the parcel in fee-simple. Therefore, the Developer's net cost share would be $2,750,883 ($3,114,383 less $363,500). All other property and easements necessary for construction, access, and maintenance of the Phase I infrastructure would be dedicated to City by the Developer at no additional cost. Traditionally, the City does not own storage BMP's. They are owned by the adjacent property owners or a Homeowner's Association (HOA), subject to City easements for stormwater purposes. In this case however, if the City owns this newly constructed storage BMP, it will be able to bank water quality credits worth $2,144,868. These credits may be used to offset requirements for roadway and other projects in the southern watershed. To name just a few: Princess Anne Road VIIA, Sandbridge/Nimmo VIIA and VIIB, New Bridge/Sandbridge Road intersection improvements, and Pungo Ferry Road improvements. If the CPA is ultimately approved and executed, I would recommend that we use the credits for CIP projects in the southern watershed and transfer the equivalent savings from the benefitting CIP projects to the Ashville Park CIP for future project phases. The City would be responsible for constructing the City components. The Developer would be responsible for constructing the Developer components valued at $7,247,000. The City would pay the Developer for the construction of the Developer components less the Developer's cost share of$2,750,883. There is a City Cost Cap that represents the maximum the City will pay for the Developer components based on the bids the Developer receives for the work. If the approved low bid exceeds the City Cost Cap, the City has the right to re-negotiate with the Developer. In the event the approved low bid is less than the estimated cost of the Developer components, the Developer will retain the first $1,000,000 of savings. If the low bid results in a savings of more than $1,000,000, the amount above $1,000,000 will be shared between the City and Developer based on a 50/50 split. No building permits would be issued for Village C homes until the expansion of BMP 6 and BMP 16 are substantially complete. This would not preclude the City's Building Administrator from allowing "model" homes to be constructed (but not occupied). No Certificate of Occupancy for any homes in Village C would be issued until all Developer components are completed and accepted by the City. I have been significantly involved in the negotiation of this term sheet. Even before we realized that we would bank $2.1 million of water quality credits, I believed that moving forward with Phase I and a CPA with the Developer was in the public interest. This is a win for the City, a win for the Developer, and most importantly, a win for the Ashville Park residents. I recommend we move forward with a CPA based upon this term sheet. /TML, Enclosures (2) >11,VV. "11 • ' ;1'. 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' •, , - i i.,_,t - '' ' ' ..-- - l'*••••- "-'-• . :C' , -.,;:.. •-•4 & . .........._.,:,-,,i . , ,,,..-:-.'Zc I, ."•,,-,,Vib;--.--;4.;k:_:: to ;,, , -- .'- -,..'_ :1 1 •C 7 :..,'c-- - • --- :' - k4.-7i::4-:?... - ...... .....„. ,,. ,,,w1 -'1, * 'el. '' '',i& ''' . 4p-'7 •-•40.-.! V,,,•,,,•..• -;;;:,-•-•-•,#.-,- ',,,,,,.z ,._- . „ .•:.;,---f-:,,:-.,, ,.. . - ..-,.,/,-- _. • J.,,.: — --.,:-.7-",---fr-- i,"! '.'`)4•::ofc e. tO'-':- 7 k •_ - Ashville Park (CIP 7-047) Cost Participation Agreement between City and Developer Term Sheet April 27, 2018 GENERAL: • The City and Developer will construct components of Phase I of Alternative B (Phase I),that when all are completed,will improve storm water performance in the existing Villages A and B and provide for Village C development. The City will prepare the PER and 30%design of all components of Phase I and provide to the Developer. The Developer will complete design, solicit bids for construction, and complete construction of the "Developer Components". The City will complete design and construction of the "City Components", as applicable. • The total cost estimate for the Phase I Project based on the 30%design, is$11,122,796(See Exhibit 1). • The estimated cost of the"Developer Components" is$7,247,000 (See Exhibit 2). • City will pay Developer for his execution of"Developer Components", based on bids Developer receives by qualified contractors. City must approve bids. • There is a "City Cost Cap"that represents the maximum the City will pay for the "Developer Components" based on the bids the Developer receives for the work. The City Cost Cap amount is$9,058,750. If the approved low bid exceeds the City Cost Cap, City has the right to re- negotiate with Developer. • In the event the approved low bid is less than the estimated cost of the "Developer Components" ($7,247,000),the developer will retain the first$1,000,000 of savings. If the low bid results in a savings of more than $1,000,000,the amount above$1,000,000 will be shared between the City and Developer based on a 50/50 split. • Developer shall pay City a "Developer Cost Share"for the project,separate from the items to be constructed by the City and Developer. The "Developer Cost Share" is 28%of the total cost estimate for Phase I,which equals $3,114,383 (28% of$11,122,796). See Exhibit 3 for cost share calculation. • City shall pay Developer$363,500 for ownership of BMP 10A after constructed. • Net Credit to City based on "Developer Cost Share" and Cost for purchase of BMP 10A is $2,750,883 ($3,114,383 minus$363,500). This amount represents the"Net City Credit Amount". 1 SCOPE OF WORK: A. City Components: 1. PER and 30% Design of Phase I. 2. Flanagan's Lane Pump Station & BMP 14 Weir. 3. Sandbridge Road/New Bridge Road Intersection Improvements. 4. Princess Anne Farm Ditch. B. Developer Components: 1. BMP#2A. 2. BMP#6 Expansion. 3. BMP#10A. 4. BMP#16. 5. Channel 10A. 6. Channel15. 7. Historic Farm Ditch. 8. Ranier Village Emergency Ingress/Egress All above Scope Items are shown on and shall be in accordance with the document entitled "Ashville Park Drainage Improvements—Phase I, by WSP USA Inc." and dated March 30, 2018,for the "Recommended Alternative". DESIGN: • Developer shall provide City with a design submittal at 100%stage. City shall review and provide written comments. Developer shall incorporate comments. • Developer is required to secure all permits and approvals for construction of"Developer Components". CONSTRUCTION: • Developer shall solicit a minimum of(3) bids for the construction of the "Developer Components". Bidders can be selected by Developer, however,they must be "qualified" bidders, as defined by the City. Developer shall submit all bids and a recommendation of award to the lowest responsive bidder,to the City for review and approval. • Developer shall cause the selected General Contractor to submit Final Price with Schedule of Values for the City's review and approval. The Schedule of Values will be attached to the CPA as Exhibit 2 • In the event the Final Price exceeds the City Cost Cap amount,the Developer can propose changes in Scope to reduce the Final Price. PAYMENT: • City shall pay Developer for construction of"Developer Components" in accordance with approved Schedule of Values. Developer shall submit invoice to City no more than one per month. • City shall deduct from invoices on a proportional basis by duration of construction contract,the "Net City Credit Amount",$2,750,883. ADDITIONAL REQUIREMENTS: A. Developer shall dedicate all property and easements necessary for, but not limited to, BMP construction, canal construction, pipe improvements and pump station construction to the City for access, construction and maintenance. Lakes and canals will be maintained by the Ashville Park Homeowner Associations with impoundment easements and maintenance easements dedicated to the City in accordance with City Standards. Developer shall dedicate property needed for the proposed Flanagans Lane Pump Station, access driveway and weir gate,to the City. Developer shall sell to the City, as part of this Agreement, property needed for BMP 10A. The HOA will be required to maintain BMP 10A, as referenced above, however,the City will be required to perform dredging of BMP 10A. B. Developer's BMP design for the (4) BMP's, 2A, 6, 10A and 16,and (2) Channels 10A and 15 shall yield a minimum dry storage volume of 3,907,762 cubic feet, measured above Elevation 1.0 to the Top of Banks, and a minimum storm storage volume of 2,449,767 cubic feet, measured above Elevation 1.0 to the 100-Year Maximum HGL, in accordance with Exhibit 4. Total Volume Achieved is measured from the top of bank to the BMP bottom. Dry Storage Volume Achieved is calculated from elevation 1.0 feet to the top of bank. Storm Storage Volume is calculated from elevation 1.0 feet to the 100-year maximum HGL in accordance with Exhibit 4. This is the cumulative total of all (4) BMP's and (2) Channels as shown in the Exhibit. C. The existing BMP's will not be used to manage erosion and sediment control. (If the proposed BMP's are intended for managing erosion and sediment control,the BMP's shall be over- excavated to address potential erosion collection and the Developer shall develop as-built surveys of the BMP's to confirm their actual volume prior to acceptance and release of bonds.) D. Developer shall provide access to the City for the City's construction of the facilities described in this Agreement. E. Construction of BMP 6 and BMP 16 by Developer, will be treated the same as the Village C subdivision infrastructure work. No building permits will be issued for Village C homes until BMP 6 and BMP 16 are substantially complete. This does not exclude the City's Building Administrator from allowing"model" homes to be constructed (but not occupied). F. Developer shall not receive Certificate of Occupancy for any homes in Village C until all "Developer Components" are completed and accepted by the City. G. The water quality phosphorus reductions provided by the BMP's/Channels shown in Section 11 of the Final PER Report are water quality phosphorus reductions that the City will utilize for its own purposes,to include, but not limited to, Ashville Bridge Creek phosphorus TMDL and to 3 meet the required phosphorus reductions for the construction of the Lake#14 Weir and permanent pump station construction.The City shall claim all of the water quality pollutant reduction credits provided by the construction of BMP's 2A, 6, 10A, and Channels 10A and 15. The Developer may use the water quality phosphorus reduction credits from the construction of BMP 16 towards the pollutant reduction requirements associated with the development of Village C in accordance with the City's Stormwater Management Ordinance Appendix D. Public Works Engineering will provide a copy of the Final PER report to Planning and Community Development, Development Services Center. H. City will release any holds on the release of bonds in Ashville Park once the requirements have been satisfied and the Cost Participation Agreement executed. I. The "Princess Anne Ditch Farm" City Component requires the City to make necessary improvements upstream of BMP 2A. The cost for these improvements will be the City's responsibility and are not part of this Agreement. J. The "Ranier Emergency Ingress/Egress" Developer Item requires the Developer to provide Emergency Ingress/Egress access via Cayman Lane to Princess Anne Road via Open Area property owned by the Ashville Park Homeowner's Association, along the northern boundaries of Camarillo Ln and Kittridge Dr. The cost for these improvements will be the Developer's responsibility and are not part of this Agreement. 4 r rig is } ,t( 1, APPLICANT'S NAME HOFD Ashville Park, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All 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 HEARING DATE NO CHANGES AS OF DATE 0 REVISIONS SUBMITTED DATE. Vik3 Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: HOFD Ashville Park, LLC If an LLC, list all member's names: HomeFed Corporation, Manager: Christian Foulger, President; Erin Ruhe, Vice President/Treasurer; Kent Aden, Vice President If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes] and 2 c 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:Ashville Park Owners Association 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) Ashville Park Owners Association, Inc.: Christian Foulger, President; Ryan Potes, Vice President; Hale' Richardson, Secretary/Treasurer (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 § 2.2-31 01. f SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) XAccounting and/or preparer of your tax return XArchitect / Landscape Architect/ LSG Landscape Architecture, Inc.; Land Planner Looney Ricks Kiss Architects Contract Purchaser (if other than nthe Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed f�1 X purchaser of the subject property (identify purchaser(s) and purchaser's service providers) XConstruction Contractors XEngineers / Surveyors/Agents Kimley-Horn Financing (include current mortgage holders and lenders ISselected or being considered to provide financing for acquisition or construction of the property) XLegal Services Sykes, Bourdon, Ahern & Levy, P.C. Real Estate Brokers / XAgents/Realtors for current and anticipated future sales of the subject property *Harry R. Purkey, Jr., Esquire; Fagged& Frieden, P.C. (Carol Hahn) K SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 7-7 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 3 f-s 7\,.., Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. HBOFD Ashville a Park,, LLC Christian Foulger, President c/51/R/B APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 itty o/ OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) XAccounting and/or preparer of your tax return X 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 Xpurchaser of the subject property (identify purchaser(s) and purchaser's service providers) XConstruction Contractors XEngineers / Surveyors/ Agents Financing (include current X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) XLegal Services Sarah R. Palamara, Esquire Real Estate Brokers / X Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 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. Ashville Park OwneLAsso ' ion, Inc. Christian Foulger, President PROPERTY OWNER'S SIGN URE....,ok_ PRINT NAME DATE Page 7 of 7 [ ,:;.:5'.2:,',) s is``- 1): .tea r, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from My III Sons, L.L.C. (29.69+/- Acres), 2) the Issuance by the City of its Contract Obligations in the Maximum Principal Amount of $540,358, and 3) Transfer of Funds to Purchase U.S. Treasury STRIPS MEETING DATE: June 19, 2018 (Indefinitely deferred on June 5, 2018) • Background: In May 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon nine (9) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1,800 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights of property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City' s interests, and other standard contingencies. • Considerations: The subject property consists of one (1) parcel of land having approximately 29.69 acres outside of marshland or swampland. It is owned by My III Sons, L.L.C., a Virginia limited liability company. Under current development regulations, there is a total development potential of two (2) single-family dwelling building sites, and zero (0) have been reserved for future development. The parcel, which is shown on the attached Location Map, is located at 1812 Indian River Road (GPIN: 2413-32-9436) in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $540,358. This price is the equivalent of approximately $18,200 per acre. The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 2.82% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 4.82% without the further approval of the City Council. The ordinance authorizes the transfer of the amount needed to purchase the U.S. Treasury STRIPS from the Agriculture Reserve Program Special Revenue Fund to the General Debt Fund. The proposed terms and conditions of the purchase of the development rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. • Public Information: Notice of Public Hearing has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. The Public Hearing was held on June 5, 2018, and there were no speakers. • Alternatives: The City Council may decline to purchase the development rights to the property. • Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. • Attachments: Ordinance Summary of Terms of Installment Purchase Agreement Disclosure Statement Form Location Map Recommended Action: Adoption Submitting De. - •e ncy: Agriculture Department City Manager: 4 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION OF 2 AN AGRICULTURAL LAND PRESERVATION EASEMENT 3 FROM MY III SONS, L.L.C. (29.69+/- ACRES), 2) THE 4 ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS 5 IN THE MAXIMUM PRINCIPAL AMOUNT OF $540,358, AND 6 3)TRANSFER OF FUNDS TO PURCHASE U.S. TREASURY 7 STRIPS 8 9 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 10 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 11 presented to the City Council a request for approval of an Installment Purchase Agreement 12 (the form and standard provisions of which have been previously approved by the City 13 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 14 the City Attorney's Office)for the acquisition of the Development Rights(as defined in the 15 Installment Purchase Agreement) on certain property located in the City and more fully 16 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 17 $540,358; and 18 19 WHEREAS, the aforesaid Development Rights shall be acquired through the 20 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 21 compliance with, the requirements of the Ordinance; and 22 23 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 24 purchase as evidenced by the Installment Purchase Agreement. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. The City Council hereby determines and finds that the proposed terms and 30 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 31 Agreement, including the purchase price and manner of payment, are fair and reasonable 32 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 33 is hereby authorized to approve, upon or before the execution and delivery of the 34 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 35 balance of the purchase price set forth hereinabove as the greater of 2.82% per annum or 36 the per annum rate which is equal to the yield on United States Treasury STRIPS 37 purchased by the City to fund such unpaid principal balance; provided, however,that such 38 rate of interest shall not exceed 4.82% unless the approval of the City Council by resolution 39 duly adopted is first obtained. 40 41 2. The City Council hereby further determines that funding is available for the 42 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 43 the terms and conditions set forth therein. 44 45 3. The City Council hereby expressly approves the Installment Purchase 46 Agreement and, subject to the determination of the City Attorney that there are no defects 47 in title to the property or other restrictions or encumbrances thereon which may, in the 48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 49 Manager or his designee to execute and deliver the Installment Purchase Agreement in 50 substantially the same form and substance as approved hereby with such minor 51 modifications, insertions, completions or omissions which do not materially alter the 52 purchase price or manner of payment, as the City Manager or his designee shall approve. 53 The City Council further directs the City Clerk to affix the seal of the City to, and attest 54 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 55 incurrence of the indebtedness represented by the issuance and delivery of the Installment 56 Purchase Agreement. 57 58 4. The City Council hereby elects to issue the indebtedness under the Charter 59 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 60 the indebtedness a contractual obligation bearing the full faith and credit of the City. 61 62 5. The City Council hereby authorizes the transfer of $243,161 from the 63 Agricultural Reserve Program Special Revenue Fund (161) to the General Debt Fund 64 (302), and the City Manager is empowered to transfer sufficient additional funds or return 65 funds not required, within the dollar limits provided by the Annual Appropriation Ordinance, 66 to purchase the United States Treasury STRIPS as described in the Installment Purchase 67 Agreement. 68 69 Adoption requires an affirmative vote of a majority of all members of the City 70 Council. 71 72 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 73 , 2018. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: A)ricultuee Department Budget and Management Services CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: I OrF,UNDS: - i ,_ , , iks, , i__ ' ff , ,t()‘ Wi,(-1/61/ •' "ector of inance City Attorney's Office CA14232 \\vbgov.com\DFS 1\Applications\CityLawProd\cycom32\W pdocs\D011\P015\00049813.DOC R-1 May 24, 2018 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2017-154 SUMMARY OF TERMS SELLER: My III Sons, L.L.C., a Virginia limited liability company PROPERTY LOCATION: 1812 Indian River Road (GPIN: 2413-32-9436) PURCHASE PRICE: $540,358 EASEMENT AREA: 29.69 acres, more or less DEVELOPMENT POTENTIAL: 2 single-family dwelling sites (0 reserved by Seller) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 2.82% (actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement("IPA")). Rate may not exceed 4.82% without approval of City Council. TERMS: Interest only, twice per year for 25 years, with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of the IPA. 4— z LD L m CU al U N ,. -.....,.._ / / CO Or) {} raw`;: ..:-.i#6,,-.-` • ,. / V N N I Z 0 O (D r° DC 4� M ,. U Q nom, W N / , V / ''',,i, - C E .. latoir 0 > N 00 c r a ♦— 00 �1J L m N o gl- Tu ca (I) � L— , o ro U N '--,4„,s, r0 Cr) = = I LC) mCO CO U U r_i C31 d- N N Iz (1) aa 0._—0 2 _c°o t„ °o ,. _(,) v) O ' o 11 n/ O T M Q m LJ_ U cry VVI N N al m J ^ ` M U U J W M ( N CV L O N E 2 3 1 Wl _ w N (Y f0 " C 1f AB Virginia Beach APPLICANT'S NAME My III Sons, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All 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). El APPLICANT NOTIFIED OF HEARING DATE: 0 NO CHANGES AS OF DATE: 0 REVISIONS SUBMITTED DATE: B, Virginia Beach nCheck 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: My III Sons, LLC If an LLC, list all member's names: Barry D. Knight If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes 1 and 2 SECTION 2 / PROPERTY OWNER D!SC!1S! RF Complete Section 2 only if property owner is different from Applicant. Ch-_...k here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, unincorporated organization. Check here if the PROPERTY OWN" following. 1 A I ict tho Prnnortv Ihniner'S name: If an LLC, list the member's n.? nr• Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101 . 2 "Affiliated business entityrelationship" means "a relationship, other than parent-subsidiary 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 VB APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) n Accounting and/or preparer of '/`I 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 l t X purchaser of the subject property 1 /� (identify purchaser(s) and purchaser's service providers) 1-1 X Construction Contractors I I 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) nn Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 \TB 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 App kation. Barry D. Knight Z 3 .-/r APPLIANT' GNAT RE PRINT NAME DATE Page 5 of 7 1/13 2. OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) n X Accounting and/or preparer of your tax return n X Architect / Landscape Architect/ Land Planner Contract Purchaser (if other than I the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property 1 (identify purchaser(s) and purchaser's service providers) LIZConstruction Contractors Fn Engineers / Surveyors/ Agents Financing (include current n x mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n Xn Legal Services Real Estate Brokers / Fn Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 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. Barry D. Knight PROPE O ER'S SIGNATURE PRINT NAME DATE Page 7 of 7 �rTJ4s'W��h�7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Ordinances Pertaining to the Compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor MEETING DATE: June 19, 2018 ■ Background: City Code § 2-89 provides that the City Council shall determine, on an annual basis, the compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor, all of whom are directly appointed by the City Council. • Considerations: The budget ordinances adopted by City Council in May 2018 provide, for all full-time employees, a 2% merit increase, effective July 1, 2018. The compensation of the appointees, however, is determined by approval of these ordinances. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Five ordinances Requested by City Council 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY MANAGER 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That the annual salary of the City Manager is and shall remain at $263,611.40; 12 his car allowance is and shall remain at $12,000 annually; the City's contribution to his 13 deferred compensation plan is and shall remain at $10,000 annually; and, in 14 accordance with his employment contract, the City shall pay up to $2,684 toward the 15 premium for the City Manager's long term care insurance, if he elects such coverage. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. APPROVED AS TO LEGAL SUFFICIENCY: Roderick R. Ingram City Attorney's Office CA14461 R-2 June 13, 2018 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY ATTORNEY 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That the current base annual salary of the City Attorney is $222,989.52, 12 the City's contribution to his deferred compensation plan is and shall remain at $10,000 13 annually, and his car allowance is and shall remain at $10,000 annually. 14 15 2. That the City Attorney shall receive a 2% merit increase, effective on July 16 1, 2018. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. APPROVED AS TO LEGAL SUFFICIENCY: Roderick R. Ingram City Attorney's Office CA14462 R-2 June 13, 2018 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY CLERK 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That the current base annual salary of the City Clerk is $100,000.00, and 12 the City's contribution to her deferred compensation account is and shall remain at 13 $6,000 annually. 14 15 2. That the City Clerk shall receive a 2% merit increase, effective on July 1, 16 2018. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. APPROVED AS TO LEGAL SUFFICIENCY: Roderick R. Ingram City Attorney's Office CA14463 R-2 June 13, 2018 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY REAL 3 ESTATE ASSESSOR 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 City Council. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the current base annual salary of the City Real Estate Assessor is 13 $145,000.00, and the City's contribution to his deferred compensation plan is and shall 14 remain at $6,000 annually. 15 16 2. That the City Real Estate Assessor shall receive a 2% merit increase, 17 effective on July 1, 2018. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. APPROVED AS TO LEGAL SUFFICIENCY: Roderick R. Ingram City Attorney's Office CA14464 R-2 June 13, 2018 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY AUDITOR 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 City Council. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That the current base annual salary of the City Auditor is $127,744.76, 12 and his car allowance is and shall remain at $6,000 annually. 13 14 2. That the City Auditor shall receive a 2% merit increase, effective on July 1, 15 2018. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. APPROVED AS TO LEGAL SUFFICIENCY: /Z-76'2644, Roderick R. Ingram City Attorney's Office CA14465 R-2 June 13, 2018 IprQ.....nu g'.,. 1'•~4w`µ,..,,:,,,',:.\, ;:t , CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Appropriate Funds in Order to Make a Commonwealth Opportunity Fund Award of $250,000 to SANJO MEETING DATE: June 19, 2018 • Background: SANJO Virginia Beach, Inc., a Spanish-based manufacturer of precision fine-blanked metal components, announced in 2016 their decision to locate their North American headquarters and manufacturing operations in Virginia Beach. The project included the creation of at least 85 new jobs and investment of $17.5 million over a 36 month period. Because Virginia Beach competed for this project with Bowling Green, Kentucky, a $250,000 incentive award from the Virginia Commonwealth Opportunity Fund ("COF") was requested and approved to help secure the project for Virginia Beach. In accordance the Commonwealth Opportunity Fund payment procedures, the full $250,000 COF payment has been received by the City for remittance to the Development Authority for final disbursement to the Company. • Considerations: The attached ordinance provides the $250,000 COF award received by the City from the Commonwealth of Virginia to be remitted to the Virginia Beach Development Authority. The Development Authority will administer the grant as required by the COF process and disburse the incentive grant payment to SANJO Virginia Beach, Inc. under the terms of Section 3 of the attached Performance Agreement entered into between the company and the Authority. • Public Information: Public Information will be handled through the normal City Council agenda processes. • Attachment: Ordinance; Award Letter; Disclosure Form Recommended Action: Approval Submitting Departm- • • gency: Economic Development City Manager: 1 AN ORDINANCE TO APPROPRIATE FUNDS IN ORDER TO 2 MAKE A COMMONWEALTH OPPORTUNITY FUND AWARD 3 OF $250,000 TO SANJO 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $250,000 received by the City from the Commonwealth Opportunity Fund is 9 hereby appropriated, with estimated state revenue increased accordingly, to the FY 10 2017-18 Non-Departmental Operating Budget whereupon the funding will be remitted to 11 the Virginia Beach Development Authority in furtherance of the purposes of the COF and 12 the expansion of manufacturing by SANJO Virginia Beach, Inc., within the City. 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 of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 0 ( a Budget and Management Servic�s CifyAtto ney's Office CA14448 R-1 June 1, 2018 1 il .tif COMMONWEALTH of VIRGINIA Office of the Governor Maurice A.Jones Secretary of Commerce and Trade June 14,2016 Mr.David L.Hansen City Manager City of Virginia Beach Municipal Center Building Number 1,Room 234 2401 Courthouse Drive Virginia Beach,Virginia 23456 Dear Mr.Hansen: I am delighted to inform you that Governor McAuliffe has preliminarily approved a $250,000 grant from the Commonwealth's Opportunity Fund to assist the City of Virginia Beach with the location of Sanjo. Formal approval will occur when Sanjo finalizes its decision and we can jointly announce this significant accomplishment for your community. The Sanjo facility is extremely important to both the Commonwealth and the City of Virginia Beach,and we are hopeful that the Opportunity Fund Grant will encourage Sanjo to make a favorable decision. You certainly have our full support as we work to this end. If you are successful in securing this commitment from Sanjo to locate in the City of Virginia Beach, please notify Turner Widgen at the Virginia Economic Development Partnership(804-545-5805) so that the announcement of their decision can be coordinated with the companyand you. Governor McAuliffe has followed this project closely and would like to participate in the official announcement if his schedule permits. If not,a mutually agreed upon joint press release is the appropriate vehicle for the public disclosure of this project. We would like to remind you that in accordance with the Commonwealth's Opportunity Fund guidelines,a performance agreement between the City and Sanjo is essential prior to the actual payment of this grant. This item will be required when your payment request is submitted. Patrick Henry Building• 1111 Esat Broad Street• Richmond,Virginia 23219• (804)786-7831 • TTY(800) 82.8-1120 Mr.David L.Hansen June 14,2016 Page Two I want to thank you for your efforts in working on this project to bring economic growth to Virginia Beach. Sincerely, scr,..„1„ Maurice A.Jones MAJ:kme cc Mr.Daniel C. Oundersen Virginia Economic Development Partnership Ms. Turner Widgen Virginia Economic Development Partnership C1hy pJ Virginia Beach APPLICANT'S NAME DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program 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 ► 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 Planning Commission and City Council meeting that pertains to the application(s). Q APPLICANT NOTIFIED OF HEARING DATE: • NO CHANGES AS OF DATE: • REVISIONS SUBMITTED DATE. VZ,voqr Virginia Beach 111 Check here if the APPLICANT lS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_ If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) 4tV _S(1114 -1,1- iftc/S C-11U4- .S411(2 -t-1- - NUiZL Lae- L- - trccL (a.s0- c 2 Alva-Lk,1. T f C8 Pfl i v j (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1 See next page for information pertaining to footnotes and 2 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS 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:___L _L ISLE _12 jvi If an LLC, list the member's names: Page 2 of 7 lB 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 entitles; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a dose working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101. 1 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) (� C Accounting and/or preparer of E CWg V i your tax return (,(/4-{,(, �t VejO i GUFF(Zv(r r2 I ' Architect/Landscape Architect/ i 1 ' Land Planner I1'% t iv ( /c 60V r Contract Purchaser(if other than Exithe 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) • EIConstruction Contractors /41(6.L- 6i? v'f J I Engineers /Surveyors/Agents TILENUE&(92008 Financing (include current g ❑ mortgage holders and lenders /,�j9 selected or being considered to provide financing for acquisition or construction of the property) • ri Legal Services ibtvFM4'(v p,G Real Estate Brokers / 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 ▪ C an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 XB Virginia Beach F CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, ipon receipt of notification that the application has been scheduled for pub i• hearing, I am responsible for updating the information provided herein w• weeks prior to the Planning Commission, Council, VBDA meeting, or me- i,g of any public body or committee in connection with this Application. rie0d APPLICANTS SIG •T . PRINT NAME ATE -— -7 ♦ -- Page 5 of 7 - I0,1i-,,7,;‘,. 4 .p fCE.' �.C,7 4; +iJ �y4 J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the FY 2017-18 Operating Budget of the Department of Housing and Neighborhood Preservation for the Housing Choice Voucher Program MEETING DATE: June 19, 2018 • Background: The Department of Housing and Neighborhood Preservation (DHNP) requests $75,000 for the Housing Choice Voucher Program to address the estimated expenditures for this Program, which are tracking to exceed the total appropriation by $75,000. Portability fee revenue is the administrative fee earned per month per unit when people who live outside the city move here and we bill the "sending" locality for this expense. • Considerations: Portability Fee revenue is available to cover these expenditures. No City revenue is required for this action. This request represents approximately 0.4% of the total Housing Choice Voucher program, which is $19,598,145 for FY 2017-18. • Public Information: Normal agenda process. • Recommendations: Adopt the attached ordinance • Attachments: Ordinance Recommended Action: Approval Submitting De. - -n . Department of Housing and Neighborhood Preservation r0/1.-- \ /1.-- (2"-- Af-1- City Manager: \ ' 1 AN ORDINANCE TO AMEND THE FY 2017-18 OPERATING 2 BUDGET OF THE DEPARTMENT OF HOUSING AND 3 NEIGHBORHOOD PRESERVATION FOR THE HOUSING 4 CHOICE VOUCHER PROGRAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $75,000 is hereby appropriated, with program fee revenue increased 10 accordingly, to the FY2017-18 Operating Budget of the Department of Housing and 11 Neighborhood Preservation for the Housing Choice Voucher Program. 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 of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B(.get & Management Services City Attney's Office CA14468 R-1 June 13, 2018 ',:lSS Ct4.,-l` CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds for Costs Associated with Arena Litigation MEETING DATE: June 19, 2018 • Background: Mid-Atlantic Arena, LLC sued the City of Virginia Beach for various claims related to the Development Agreement for the Arena Project. The Office of the City Attorney is coordinating the City's legal defense, but because of the possibility that one or more of the attorneys in the Office of the City Attorney may be deposed or called as a witness for the aforementioned case, the City has retained outside counsel for this litigation. The costs associated with outside counsel have previously been billed to CIP 9-017 "Arena Infrastructure Development— Off Site". CIP 9-017 no longer has financial capacity to pay for the outside counsel bills, and the City has invoices that require processing in FY 2017-18. • Considerations: The attached ordinance transfers $125,000 from Debt Service of the FY 2017-18 Operating Budget to the City Attorney's Operating Budget, which will allow the City to process FY 2017-18 invoices. This funding is available, as the general obligation bond sale anticipated in the FY 2017-18 Operating Budget for the spring of 2017 was delayed. Staff anticipates another transfer request will be required for the projected costs in FY 2018-19, and that request will be presented once the new fiscal year has commenced. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Depa au ent/Agency: Office of the City Attorney ROIL City Manager: 1 AN ORDINANCE TO TRANSFER FUNDS FOR COSTS 2 ASSOCIATED WITH ARENA LITIGATION 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA THAT: 6 7 $125,000 is hereby transferred from Debt Service to the City Attorney's Office within 8 the FY 2017-18 Operating Budget for outside counsel expenses related to the Arena 9 litigation. 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: (f L� *" Budget and Management Services City Attorney's Office CA14452 R-1 June 5, 2018 I ''1,' '''t • /4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds in the Amount of $2,106,338 from CIP 3-503 Housing Resource Center to the CIP 3-292 Virginia Aquarium Marine Animal Care Center MEETING DATE: June 19, 2018 • Background: The Virginia Aquarium Marine Animal Care Center project, CIP 3- 292, is an important continuation of the City's investment in the Virginia Aquarium and Marine Sciences Center. This project will relocate the existing 8,300 square feet facility located at 1213 Southern Boulevard to a 3 acre site located at 1008 Bells Road which is adjacent to the City's Dredge Operations Facility. The new site will provide a secure location with access to seawater and includes two buildings totaling 18,000 square feet. The new facility will have access to seawater in Owls Creek via a proposed seawater pump station which will eliminate the need to truck seawater to the building. The facility has animal care areas to support animal acquisitions and quarantine, stranded animal rehabilitation, support areas for stranding response and research, laboratory space, and office/technical space for staff and volunteers. The bid opening for the Marine Animal Care Center was held on March 13, 2018. One bidder's bid was removed due to a bid error. The new apparent low bid amount was $14,067,000. The Engineers' Estimate was $11,800,000. The Department of Public Works entered into negotiations with the apparent low bidder and identified $284,326 in value engineering items available to reduce costs. In addition, Information Technology has requested $123,644 in additional funding be added to the project to provide the City's NexGen Network to the Bells Road site. The funding required to award the contract is $2,106,338. • Considerations: The Housing Resource Center, CIP 3-503, is nearing completion and has an unexpended appropriation balance that has been retained as contingencies in case unanticipated issues arose during construction. The current funds available in CIP 3-503 are $3,754,006. It is anticipated that an amount of $1,358,000 will be sufficient to support the remaining needs to open the Housing Resource Center, which creates the capacity to redirect the funds to CIP 3-292 in order to award the construction contract. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Adoption Submitting D- . . • meft(Agency: Department of Public Works ,1 City Manag- : 1 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT 2 OF $2,106,338 FROM CIP 3-503 HOUSING RESOURCE 3 CENTER TO THE CIP 3-292 VIRGINIA AQUARIUM MARINE 4 ANIMAL CARE CENTER 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $2,106,338 is hereby transferred from CIP 3-503 Housing Resource Center to CIP 10 3-292 Virginia Aquarium Animal Care Center to allow completion of the scope of work for 11 the Animal Care Center. 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: 1-9'qA/j Budget and Management Servi -s Corhey's Office CA14458 R-1 June 7, 2018 CITY OF VIRGINIA BEACH AGENDA ITEM f ITEM: An Ordinance to Transfer $737,500 within the FY 2017-18 Operating Budget to Reallocate Health Insurance Costs MEETING DATE: June 19, 2018 • Background: In order to most accurately budget the full cost of the services provided to the citizens of Virginia Beach, the City utilizes a methodology that allocates an equal dollar amount for health insurance costs per benefits eligible position authorized in the City budget. In terms of the execution of the budget, the actual cost to the City is based on what tier of health insurance coverage an employee selects as outlined below: Annual Employer Contribution Employee Only $5,886.36 Employee & Child $8,921.64 Employee & Children $12,949.68 Employee & Spouse $10,858.08 Family $15,442.76 Budgeted per Position $6,425 As this table illustrates, depending on the type of coverage selected, there is a variance in the amount paid by the City and thus the amount actually charged to the budget. The City's contribution can be up to $9,018 over what is budgeted for a position (taking the difference between the $15,443 family plan and the $6,425 budgeted per position). However, in most departments, the number of employees selecting coverage that exceeds the budget per position is more than offset by the number of employees that select "employee only" coverage and the savings from vacant positions. Nevertheless, in the current 2018 health plan year, the Fire Department has a larger percentage of employees selecting coverage that exceeds the budgeted amount. This was very difficult to project because the budget is prepared many months prior to open enrollment (the period during which employees select their health plan). For the most recent pay period available, the average cost for health insurance for Fire Department positions is $7,945, or $1,195 more than budgeted per position. Assuming this for the entire fiscal year, the Department would have a budgeted shortfall of approximately $737,500. While the Fire Department is exceeding the budget for health insurance, the actual cost of health insurance throughout the City will not exceed the total budget for health insurance. In order to remedy the cost allocation issue, a transfer of$737,500 is needed. • Considerations: Based on the most recent data available, the Fire Department projects a fringe benefit shortfall of $737,500. Typically, these shortfalls would be covered by vacancy savings; however, due to the department's over expending of overtime accounts, there is not enough vacancy savings to absorb this amount. Human Services is currently projected to have excess health insurance appropriations for FY 2017-18 so $737,500 will be transferred from Human Services' fringe accounts to the Fire Department's Operating Budget. • Public Information: Normal Council agenda process. • Recommendation: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Departme i t/Agency: Fire Department City Manager: 1 AN ORDINANCE TO TRANSFER $737,500 WITHIN 2 THE FY 2017-18 OPERATING BUDGET TO 3 REALLOCATE HEALTH INSURANCE COSTS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $737,500 is hereby transferred from the Department of Human Services to 9 the Fire Department in the FY 2017-18 Operating Budget to cover cost overruns for health 10 insurance due to the methodology for allocating health insurance costs. 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: Budget and Management Services City Attbrr(eyys Office CA14466 R-1 June 8, 2018 (Fi Y s4; 4 i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $145,000 within the Juvenile Probation Department's FY 2017-18 Operating Budget to Support Dispositional Services MEETING DATE: June 19, 2018 • Background: The Department of Juvenile Probation is requesting a transfer in the amount of$145,000 for dispositional services. Dispositional funds are used by Juvenile Probation to provide at-risk youth rehabilitation services including group homes, counseling, and GPS tracking. The use of these funds is at the discretion of the judges, and services are provided through the Virginia Juvenile Crime Control Care Act (VJCCCA). The purpose of the VJCCCA is to deter crime by providing immediate, effective punishment that emphasizes accountability of the juvenile offender for his actions as well as reduces the pattern of repeat offending. According to Juvenile Probation, the City has not experienced an overall increase in juvenile crime, but the crimes being committed by juveniles have become more violent in nature. Some of these crimes include sexual assault and homicide. As a result, judges have been sentencing more juveniles to use dispositional services and, in many cases, for longer periods of time than in prior years. Another impact that has caused an increase in the use of dispositional funds is that in prior years the Juvenile Probation Office was not required to provide funding for families that had the means to pay for these services. The State removed this consideration at the beginning of FY 2016-17 and now all families, regardless of financial need, will receive dispositional funds to pay for the needed treatment. Dispositional services are funded partially by the City of Virginia Beach with the remainder funded by the Commonwealth of Virginia. The City and the Commonwealth also have a maintenance of effort arrangement, and this agreement requires that City funding be spent until a dollar amount is met and then the State funding can be used. However, once the State funds are completely expended, the City is required to provide funding for the remainder of the fiscal year. The amount that the State allocates for dispositional services is dependent on the use of dispositional funds in prior years. Also, the State funding is not appropriated to the Juvenile Probation Office at the beginning of the fiscal year, or when the threshold is met, but is given directly to the Tidewater Youth Services Commission. • Considerations: The City of Virginia Beach is required to provide funding for dispositional services for juvenile delinquents. Failure to provide this funding could negatively impact the service delivery for the Office. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Depart -nt/Agency: Office of Juvenile Probation QJ City Manager 1 AN ORDINANCE TO TRANSFER $145,000 FROM WITHIN 2 THE JUVENILE PROBATION DEPARTMENT'S FY 2017-18 3 OPERATING BUDGET TO SUPPORT DISPOSITIONAL 4 SERVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $145,000 is hereby transferred from Juvenile Probation's personnel accounts to 10 operating accounts to support mandated dispositional services. 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 Budget and Management Services City Attorney's Office CA14451 R-1 June 5, 2018 ll i CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Transfer Funds within the Department of Human Services FY 2017-18 Operating Budget MEETING DATE: June 19, 2018 • Background: The Children's Services Act (CSA) was established by the Virginia legislature in 1993 as a single state pool of funds to support services for eligible youth and their families. The mission of the CSA is to create a collaborative system of services and funding that is child-centered, family-focused and community-based when addressing the strengths and needs of troubled and at-risk youth and their families in the Commonwealth. The Virginia Beach Department of Human Services (DHS) administers the City's CSA funds and provides assessments, referrals, and services that fall under the CSA administration. The City's FY 2017-18 budget for this program was based on the highest actual utilization for the preceding three (3) fiscal years, and was calculated to be $10,424,690. Based on approved services, it is projected that CSA services will total $10,703,546 for FY 2017-18. As such, DHS is requesting an appropriation transfer of$278,856 from personnel savings within the Department to cover the additional non-personnel expenditures. • Considerations: Services provided under the CSA are offered to all eligible Virginia Beach children and their families who qualify for and are approved for services. Because these services are provided on demand, the calculated average of the actual expenditures for the last three (3) fiscal years did not account for the increase in service demand being experienced in the current fiscal year. As City budget appropriation controls are grouped by personnel and operating expenditure categories, approval of this request will move $278,856 from the under-expended personnel category to the operating expenditures category. Total appropriations for DHS will remain unchanged. • Public Information: Normal Council Agenda process. • Recommendations: Approval of Ordinance • Attachments: Ordinance Recommended Action: Approval L.) Submitting D- - - nt/Agency: Department of Human Services City Manage 7 1 AN ORDINANCE TO TRANSFER FUNDS WITHIN THE 2 DEPARTMENT OF HUMAN SERVICES FY 2017-18 3 OPERATING BUDGET 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $278,856 is hereby transferred in the Department of Human Services from the 9 personnel category to the operating expenditures category to cover the additional non- 10 personnel expenditures that are projected to be needed by the end of this fiscal year for 11 the Children's Services Act program. 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: 1 �1' Th) A L1 Budget & Management Services City Attorney's Office CA14449 R-2 June 8, 2018 . ..fn- ,,;?-1.---,\.,,g„ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds within the Sheriff's Office Special Revenue Fund for Payroll Obligations MEETING DATE: June 19, 2018 • Background: The Sheriff's Office FY 2017-18 Operating Budget will need a budget adjustment to meet year end payroll due to annual and sick leave payouts as well as additional overtime from special events during the year. The payouts of annual and sick leave for personnel retirements, resignations, and dismissals total $435,902 while the overtime due to winter storm Grayson and Week 17 total $118,000. The combined total is $553,902. Remaining vacancy savings of $62,159 can be applied toward this amount resulting in a net amount of $491,743. The amount needed is available from Reserves for Contingencies in the Sheriff's Office Special Revenue Fund. • Considerations: Assuming Council approves this request, the Sheriff's Office's Operating Budget should have sufficient appropriation authority to cover all remaining expenditures through the end of the current fiscal year. • Public Information: Normal Council Agenda notification process. • Recommendations: Approve the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Departm gency: Sheriff's Office21) n, t j City Manager 1 AN ORDINANCE TO TRANSFER FUNDS WITHIN 2 THE SHERIFF'S OFFICE SPECIAL REVENUE FUND 3 FOR PAYROLL OBLIGATIONS 4 5 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 6 VIRGINIA BEACH, VIRGINIA: 7 8 That $491,743 is hereby transferred from the Sheriff's Office Special Revenue 9 Fund Reserve for Contingencies to the Sheriff's Office Special Revenue Fund Salary 10 Account to meet year-end payroll obligations. 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: e r)L, Budget and Management Services Ety Attor y's •Office CA14460 R-1 June 7, 2018 C C1 . 71 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Transfer Appropriations for Cost Increases Associated with Disabled Veteran and Elderly and Disabled Tax Relief Programs MEETING DATE: June 19, 2018 • Background: The City of Virginia Beach currently provides real estate tax relief through two programs. The first is the Elderly and Disabled program, which is an optional program that the City chooses to offer citizens. City Council has full control of this program and establishes the income and net worth requirements and thresholds. In order to be in the program, applicants must meet the age or disability requirement, not exceed the maximum income threshold or exceed a maximum net worth (excluding the value of their home). The percentage of tax exemption received is contingent upon the amount of income an eligible participant earns. There is also a freeze option that has a higher income threshold than the exemption option. In FY 2014-15, a City-commissioned task force reviewed this program and proposed modifications for City Council's consideration. Since that time, growth in program participation has leveled off at 2% on average each year. This was the baseline growth assumed for FY 2017-18; however, several mid-year exemptions occurred outside of the normal process and as a result program costs are expected to exceed budget by$91,000. The second program provides real property tax relief for disabled veterans and surviving spouses of veterans killed in action. These programs were mandated through amendments to the Virginia Constitution. Since 2012, participation in this program has increased an average of 16% annually. This historical growth average was used to project the FY 2017-18 cost of the program; however, participation in this program increased an additional 9% over the assumed 16% growth in participation, for a total of 25% growth in participation in the current year. This unexpected increase occurred as a result of mid- year enrollment by 112 new participants. This unexpected growth compounded with the requirement to refund prior years' taxes paid by some applicants is resulting in this program's cost to exceed projections by $559,000. Of this amount, $452,325 is for prior years' reimbursement. • Considerations: These revenue exemption programs are supported through budgeted appropriations. Below is a FY 2017-18 year end cost projection for these programs: Adopted Projected FY 2018 Budget FY 2018 Difference Disabled Vet $ 4,133,898 $ 4,692,898 $ (559,000) Elderly/Disabled $ 11,104,931 $ 11,195,931 $ (91,000) Total $ 15,238,829 $ 15,888,829 $ (650,000) As a result of the 9% additional growth over the budgeted increase in participation in the disabled veterans and surviving spouse tax relief, additional funds will be necessary to fully fund this program. Additional funds will also be necessary to fully fund the non- mandated Elderly and Disabled Tax Relief program. A transfer of $650,000 from Debt Service of the FY 2017-18 Operating Budget is proposed. The FY 2017-18 Operating Budget anticipated a bond sale in the spring of 2017 that did not occur, which resulted in lower debt service expenditures than budgeted. Therefore, funding is available to pay for this increased cost from debt service excess appropriations. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Depa en gency: Department of Budget and Management Services-) City Manager: 1 AN ORDINANCE TO TRANSFER FUNDS FOR COST 2 INCREASES ASSOCIATED WITH THE DISABLED 3 VETERAN AND ELDERLY AND DISABLED TAX RELIEF 4 PROGRAMS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $650,000 from Debt Service of the FY 2017-18 Operating Budget is hereby 10 transferred to the FY 2017-18 Non-Departmental Operating Budget for the purpose of 11 funding cost increases related to Disabled Veteran and Elderly and Disabled Tax Relief 12 Programs. 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: 07L/ D-k a (1 ,U(St1/ 1 J Budget and Management Servic City muurn- 's Office CA14457 R-1 June 6, 2018 1 J. PLANNING 1. HOFD ASHVILLE PARK, LLC for a Modification of Proffers of a Conditional Rezoning at the north and south sides of Ashville Park Boulevard (Approved on February 24, 2004, and Modified on May 10, 2005, and February 14, 2012) DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 2. CITY OF VIRGINIA BEACH for a Modification of Conditions re borrow pit-fill at 560 Oceana Boulevard (Approved August 25, 2001) DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. NORTHAMPTON DEVELOPMENT, LLC/ ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NORFOLK for a Conditional Change of Zoning from R-5D Residential to Conditional B-2 Community Business at the north side of Northampton Boulevard, adjacent to and east of Premium Outlets Boulevard DISTRICT 4 —BAYSIDE RECOMMENDATION: APPROVAL 4. BHC, LLC/CHRISTINE JO HERRIT for a Conditional Change of Zoning from B-2 Community Business to B-4 Mixed Use and a Conditional Use Permit re multi-family dwellings at 3739 Shore Drive DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 5. BEACH BUILDING GROUP, INC./MCQ BUILDERS LLC-2 for Special Exemption to Alternative Compliance to the Oceanfront Resort District Form-Based Code re setback and lot width requirements at 521 & 523 20th Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 6. GINA ARNEY/ BARBARA ARNEY & KENNETH T. BAREFOOT for a Conditional Use Permit re family day-care home at 600 Iris Lane DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 7. VA FINISHING, LLC/SPRING BUILDING, LLC for a Conditional Use Permit re automobile repair garage at 4990 Euclid Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 8. SAVARNAS BEAUTY SPA/AIGLON ASSOCIATES, L.P. for a Conditional Use Permit re tattoo parlor at 1860 Laskin Road, Suite 120 DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 9. VALVOLINE, LLC/AH SANDBRIDGE, LLC for a Conditional Use Permit re automobile repair garage at the western outparcel of 2105 Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 10. HALLE PROPERTIES, LLC/GOPA TWO, LLC for a Conditional Use Permit re automobile repair garage at 4300 Virginia Beach Boulevard and 417 Thalia Road DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 11. Resolution to AUTHORIZE 3 (three) Roadside Guide Signs within the Central Business Core District re Zeiders American Dream Theatre DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL u1 f ,s f•V a+s .} 3 9f5:::: b t4Vw 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,June 19, 2018 at 6:00 p.m., at which time the following applications will be heard: Gina Arney[Applicant]Barbara Arney&Kenneth T. Barefoot [Owners] Conditional Use Permit (Family Day-Care Home) 600 Iris Lane (GPIN 1477195075)COUNCIL DISTRICT-BAYSIDE VA Finishing,LLC[Applicant]Spring Building,LLC [Owner] Conditional Use Permit (Automobile Repair Garage) 4990 Euclid Road (GPIN 1477132709)COUNCIL DISTRICT-BAYSIDE Beach Building Group, Inc. [Applicant] McQ Builders,LLC-2[Owner]Alternative Compliance 521 & 523 20TH Street (GPIN 2417977895) COUNCIL DISTRICT-BEACH Valvoline, LLC [Applicant] AH Sandbridge, LLC [Owner] Conditional Use Permit (Automobile ; Repair Garage) Western outparcel of 2105 , :il Princess Anne Road(Part of GPIN 2414139134) COUNCIL DISTRICT-PRINCESS ANNE Savarnas Beauty Spa [Applicant] Aiglon Associates,L.P. [Owner]Conditional Use Permit (Tattoo Parlor) 1860 Laskin Road (GPIN 2407582383)COUNCIL DISTRICT-BEACH City of Virginia Beach [Applicant & Owner] Modification of Conditions(Borrow Pit-Fill)560 Oceana Boulevard (GPIN 2416288528) COUNCIL DISTRICT-BEACH Northampton Development, LLC [Applicant] Economic Development Authority of the City of Norfolk [Owner] Conditional Rezoning (R-5D Residential District to Conditional B-2 Community Business District) North side of Northampton Boulevard, adjacent to & east of Premium Outlets Boulevard(GPIN 1458783553)COUNCIL DISTRICT-BAYSIDE BHC,LLC[Applicant]Christine Jo Herrit[Owner] Conditional Rezoning(B-2 Community Business to B-4 Resort Commercial) Conditional Use Permit(Multi-Family Dwellings)3739 Shore Drive (GPIN 1489480844) COUNCIL DISTRICT - BAYSIDE Halle Properties,LLC[Applicant]GOPA Two,LLC [Owner] Conditional Use Permit (Automobile Repair Garage)4300 Virginia Beach Blvd,417 Thalia Road (GPINs 1477859436, 1477858680)COUNCIL DISTRICT-LYNNHAVEN A Resolution Authorizing Roadside Guide Signs for the Zeiders American Dream Theater located at 4509 Commerce Street,COUNCIL DISTRICT- BAYSIDE 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:ht;,_,wJ,v,yggov.conlc. For information call 385.4621. If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385.4303;Hearing impaired call 711 (Virginia Relay -Telephone Device for the Deaf). BEACON:JUNE 3&10,2018-1 TIME EACH fr i4V�:v;;•JJ 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,June 19, 2018 at 6:00 p.m., at which time the following applications will be heard: Gina Arney [Applicant] Barbara Arney & Kenneth T. Barefoot[Owners] Conditional Use Permit(Family Day- Care Home)600 Iris Lane(GPIN 1477195075)COUNCIL DISTRICT-BAYSIDE VA Finishing,LLC[Applicant]Spring Building,LLC[Owner] Conditional Use Permit(Automobile Repair Garage)4990 Euclid Road (GRIN 1477132709)COUNCIL DISTRICT- BAYSIDE Beach Building Group,Inc.[Applicant]McQ Builders,LLC - 2 [Owner] Alternative Compliance 521 & 523 20, Street(GPIN 2417977895)COUNCIL DISTRICT-BEACH Valvoline, LLC [Applicant] AH Sandbridge, LLC [Owner] Conditional Use Permit (Automobile Repair Garage) Western outparcel of 2105 Princess Anne Road(Part of GPIN 2414139134) COUNCIL DISTRICT - PRINCESS ANNE Savarnas Beauty Spa[Applicant]Aiglon Associates,L.P. [Owner] Conditional Use Permit (Tattoo Parlor) 1860 Laskin Road(GPIN 2407582383)COUNCIL DISTRICT- BEACH City of Virginia Beach[Applicant&Owner]Modification of Conditions (Borrow Pit - Fill) 560 Oceana Boulevard (GPIN 2416288528)COUNCIL DISTRICT-BEACH Northampton Development, LLC [Applicant] Economic Development Authority of the City of Norfolk [Owner] Conditional Rezoning (R-5D Residential District to Conditional B-2 Community Business District)North side of Northampton Boulevard, adjacent to & east of Premium Outlets Boulevard (GPIN 1458783553) COUNCIL DISTRICT-BAYSIDE BHC, LLC [Applicant] Christine Jo Herrit [Owner] Conditional Rezoning(B-2 Community Business to B-4 Resort Commercial)Conditional Use Permit(Multi-Family Dwellings) 3739 Shore Drive (GRIN 1489480844) COUNCIL DISTRICT-BAYSIDE Halle Properties,LLC[Applicant]GOPA Two,LLC[Owner] Conditional Use Permit(Automobile Repair Garage)4300 Virginia Beach Blvd, 417 Thalia Road (GPINs 1477859436, 1477858680) COUNCIL DISTRICT - LYNN HAVEN A Resolution Authorizing Roadside Guide Signs for the Zeiders American Dream Theater located at 4509 Commerce Street,COUNCIL DISTRICT-BAYSIDE HOED ASHVILLE PARK, LLC [Applicant & Owner], Modification of Proffers of a Conditional Rezoning (approved on 5/10/2005, modified on 2/14/2012). North and south sides of Ashville Park Boulevard(GPINs 2413473302, 2413476457, 2413558602). COUNCIL DISTRICT-PRINCESS ANNE 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: For information call 385-4621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired call 711(Virginia Relay-Telephone Device for the Deaf). BEACON:JUNE 3&10,2018-1 TIME EACH ti r ell ' p. 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,June 19, 2018 at 600 p.m.. at which time the following applications will be heard: HOFD ASHVILLE PARK, LLC [Applicant & Owner], Modification of Proffers of a Conditional Rezoning(approved on 5/10/2005, modified on 2/14/2012).North and south sides of Ashville Park Boulevard (GPINs 2413473302, 2413476457, 2413558602). COUNCIL DISTRICT-PRINCESS ANNE. 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 h www,vbgov_0m/p(. For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERKS OFFICE at 3864303;Hearing impaired call 711 ffirgjnia Relay -Telephone Device for the Deaf). PILOT:June 7&1A,2018-1 TIME EACH S I rNIA, 4 y I 1 ' , ii rsj � � pi, , pi 1 i; <IN 1�i.. 1 7 Nlivplip,"4' _......• , ..1 r4-- 1111!" J .A.9— ' . 0 ft, a il\h. \ix <:.71 "-- ,' � � + . \ \\:1/4 c , . i . , - ,„,.... , . ...„. f '''..- .`-,s.......„....1 ,6L Nvi4t / NI 'NNI 412 11176.1 I glik -, 1.- —NI to,if.th, ' ria 4Y 11;16 Iliklp . Vitt .` No. /* 1- - /r4 .-.- i , ..n. 4* .... :I. ' . 11 .* IILIIIIP l SP' ,2)00,vvit Igo.. ...:',Ii. i j... 0106. `+• ,.... '4 41010. ! Nos., lip .. ,.,...... Nbleiho k , Niik -Afr A ,r i 3, Niv .' 44 itti air \, ..4,114t: .P411/4 . , 0 s, ,.., \ \ Notil, ‘,. NN, _, ,.. , ji '11.1441. a isell11140.46,4L - aNs4173.67\A Hi gz..,,,ig , 1,. ibiza cm, _ I Nsailh 111: • Siokb. 'ir '` t4,14 .7Nirtifrivii‘i. 'A ' .1_*. :ti" -a.\ NIIII*67,,,,.1411‘11411b.041,4*," 4;4, ''910 NiX41114,141,4h.S‘t 4i . . it- I Niiih:Niiii 41 H111110,1411:ii ikAiVH -'41.14:114muN444.NhNssiii1/4 ra . ki ii - , ,- - 1 . Ai. - 11.' al 10 �ig ei Rig I �. • I:!:':4 . 6 . . - A - - rei SD 1 ' it �/ r` w. r ,c. - ..• 'Yr -"; I a �+t 4. rr qs, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HOFD ASHVILLE PARK, LLC (Applicant & Owner), Modification of Proffers of a Conditional Rezoning (originally approved on 2/24/2004, modified on 5/10/2005 & 2/14/2012). Property is located on the north and south sides of Ashville Park Boulevard (GPINs 2413473302, 2413476457, 2413558602). COUNCIL DISTRICT— PRINCESS ANNE. MEETING DATE: June 19, 2017 ■ Background: The original Conditional Change of Zoning establishing the PD-H2 Planned Unit Development District (R-30 & P-1) for Ashville Park was approved by the City Council on February 24, 2004. A second Conditional Change of Zoning followed in 2005, and then a Modification of Proffers in 2012. On April 21, 2015, the City Council deferred the application of HOFD Ashville Park, LLC to May 19, 2015, and subsequently deferred the request indefinitely. Attached is a table that depicts the acreage and unit counts for each applicant that has been submitted for the Ashville neighborhood. The applicant is now requesting a Modification of Proffers for the purpose of revising the layouts of the three remaining villages, Villages C, D and E, which have not yet been subdivided. The principal reasons for the changes to the layouts include reducing the size of the development's footprint, shifting lots to higher and better drained soils, avoiding wetlands that have emerged as a result of uncompleted site grading by the previous developer, providing lot configurations that reflect the applicant's development and design principles, as well as existing housing market trends, and providing opportunities to increase the stormwater capacity of the stormwater management ponds. With the proposed modifications, the depicted open space areas will accommodate larger stormwater management ponds. City Staff have been working with the applicant for three years to study and identify how best to resolve significant drainage issues within the neighborhood that the applicant inherited when the property was purchased. This request has been coupled with a proposal that the City of Virginia Beach and the applicant enter into a cost participation agreement for constructing the Phase I public stormwater drainage improvements throughout Ashville Park. It should be noted that construction plans for future Villages D and E will not be approved until Phase II drainage improvements are identified and funded, improvements which are not part of this cost participation agreement. HOFD ASHVILLE PARK, LLC Page 2 of 3 • Considerations: The table below provides a list of the three remaining villages, accompanied by the number of units and the minimum lot sizes proposed for each, under the currently approved plan and the proposed plan. Currently Proffered Plan Proposed Modification Number Lot Width Minimum Number Lot Width Minimum Units In Feet Lot Size Units In Feet Lot Size Village C 94 100 20,000 SF 116 45 at 120 45 at 18,000 SF 71 at 90 71 at 13,500 SF Village D 45 100 12,000 SF 44 80 12,000 SF Village E 56 100 12,000 SF 40 100 20,000 SF Total Units 195 200 As the table above indicates, the number of units within the three villages will increase by five; however, the five units are not additional units beyond the maximum 499 units previously approved and proffered. The five units are being shifted from Village B (Ranier Village'), where each unit would have been on lots of at least 7,200 square feet, to Village C, where each lot will be at least 13,500 square feet in size. The five units being shifted to Village C will be located such that the number of dwelling units within the 65 to 70 dB DNL AICUZ (Sub-Area 2) remains the same as the number under the currently proffered plan. The revised layout of the villages reduces the overall development footprint by approximately 10 acres, which results in a corresponding increase in the number of acres of open space. Accordingly, 54.3 percent of the site will remain as open space. Further details pertaining to the proposal, as well as Staff's evaluation of the request, are provided in the attached staff report. Also attached is a table that summarizes the acreage and unit counts related to each application submitted for Ashville Park from the first submittal in 2003 to this request that is scheduled to be heard by the City Council on June 19, 2018. At the Planning Commission public hearing there were two speakers in support of the request, both residents of Ashville Park, and three speakers in opposition, all of whom live in the adjacent Heritage Park neighborhood. The opposition noted concerns related to smaller lot sizes, decreased home sizes, and changes to the layout. HOFD ASHVILLE PARK, LLC Page 3 of 3 ■ Recommendations: The Planning Commission by a recorded vote of 10-0, voted to recommend approval of this request to the City Council as proffered. The recommendation, however, included direction to the applicant to make two revisions to the "Ashville Park Development Manual" to address issues raised by residents of Ashville Park. The applicant has made those revisions, and they were submitted to the Planning Department and the City Attorney's Office prior to the deadline established by the Zoning Ordinance for revisions to Conditional Zoning Agreements. The changes are specific to the "Architectural Standards" of the Manual, and consist of the following: Page 11, Item Number 1 — addition of a new subsection (e) All homes in Village C and E shall not have front loaded garages. In Village D, no less than 20% of the homes shall have an interior facing or outward facing side loading garage. Page 14, Item Number 17 All fencing in Villages C, D and E shall be metal, open picket style and shall not exceed 5 feet in height. Solid privacy fencing of yard areas in Villages C, D and E is precluded. A full description of the modifications to the proffers being requested by the applicant is provided on pages 5 through 11 of the attached Staff report. ■ Attachments: Staff Report and Disclosure Statements Ashville Park Acreage & Unit Count Table Location Map Minutes of Planning Commission Hearing Proffer Agreement Ashville Park Master Plan Manual Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Departm= • . gency: Planning Departme ilk ki/2" 4rv, ' SP 7i „* City Manager: J --- CO 9+ co o Oo N Z w \ N O i 0) CC Cr)CC O V w Ln o w CO N "a � o0 d" o • = 0 V J N . 1. Z d• — 0_ N z Ln W U a z D .0 CCL — O y o a 0 >- v z U Z Z > > O O Jm -, d' * Tr N rl Q ZLu U m lLD N O O o o V cc ca - r 'n Z Ln N a c U U m 0 Zoe "' Ln a p z O 0 N L Lu r U L.f) Q) Q Ql cn p V N Cr) I-r) Z N �n a a Q ( dr "' CO a a H z 0 o Ln * p w O a3 O p0 V p as m Q ,- ° a cn N J a_ O N D N Z cn dr ~ a CI_ in ,--I a) z Q Q 0 41 U My W O f4 Ql i M W Z v ' W QO� O a� on°J v v73 clip i i r L W 0 a > O U in Q }' ta0 ++ O w (N0 co cn Ln < w f° V N V cn r-I o N �' uo N '� �t o a a a � o v Ln Q) 2 -0 CL Q N cc cc cu .w Y a o ce W � a 1 ( u CO u CLI v � LL U N co W Q 03 V 0 W U c + J J N N LU LU LU LU LU LUC 14 CU gg gaaa g lt = Q I- .. J — JJJ 0 = Z 0LnQ IA N > _ > > _ 5 H z m PRINCESS ANNE •‘#!`T /�•‘#!`TI.: 3 ii HOFD Ashville Park, L.L.C. Jl .., iAG ddic,?/..60. S! March 11, 2015 Public Hearing .•:�\�,- h iii PU-H2(R-30) - �' APPLICANT & PROPERTY ,� e"Ill'`. y ' 'Y OWNER: ,.. , Ail ' �®5 \-• - � 1A�. HOFD ASHVILLE G2' ,�Io-Hztnaol . AG „ ^G, PARK, LLC •. PD-NT •AG1 • G1 1 0 dB Ldti. AG1 ,�,�:; '+ (AG2 ( ® _ AG2 si, — : •• AG 1 IJ yAG,1' •?Mg W.c,.w...s.,n...or..s....>..m.rs Modification of Proffers APO•yn.wwan.+.Onq.e O..�Y STAFF PLANNER: Stephen J.White REQUEST: Modification of Proffers(of Conditional Change of Zoning approved on 5/10/2005 and modified on 2/14/2012) ADDRESS /DESCRIPTION: Ashville Park Boulevard (north and south sides) GPINs: SITE SIZE: ELECTION AICUZ: 2413473302 TOTAL AREA OF ASHVILLE 452.8 acres DISTRICT: Less than 65 dB DNL 2413476457 PARK PRINCESS 65—70 dB DNL (Sub 2413558602 ANNE Area 2) 2416159815 TOTAL AREA SUBJECT TO [no change in number of units MODIFICATION REQUEST 277.7 acres located in Sub-Area 2] 4 • BACKGROUND / DETAILS OF PROPOSAL Background -The applicant requests a Modification of Proffers for the Ashville Park development. The original Conditional Change of Zoning establishing the PD-H2 Planned Unit Development District(R-30 & P-1)was approved by the City Council ten years ago, on February 24, 2004. As indicated by the plans and details proffered with that rezoning, the original concept for Ashville Park was of a high-quality residential community with a site design that was unique at that time for Virginia Beach, introducing site design elements that have since been used elsewhere in the city. The proffered development consisted of 490 dwelling units, clustered in six different `villages,' separated from each other by extensive open spaces intended to provide passive and active recreational opportunities. The villages offered a variety of housing types. Lot sizes ranged from 7,500 square feet to 20,000 square feet, and two of the villages were designated for 160 units of age- restricted housing. HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 1 HERITAGE PARR .�� ) Original 2004 Plan '■:� (fft . VILLAGE PARK f '^.., .` .,.1 ROAD 699 ACRES FI AS AGANS SANDCt VILLAGT'A [ANL ga ACFLS E i y X • ■ E �e=` u.S I.Sn a ..-.c�lsFD�� •yam, 2 �.i l LADE"D'- It, ■ ar ra r t a , Da .jV :h e - oARl.Osc, r7...-.._...,. s a r - •• ly,�` f• 1 t•"`-- ;., E \ . E. ��a • ■I - ,(t t.------..\..,. :� Air ►,• * ;tt.__T: L k., t,„ 'witlit L. 4.i , 1. ' — 1 • ,)..L�»? 11.. i ,,, - .•.. F,i• • .• , ' ---tY ` 1 ✓E•s ✓ :.ctf'+ ...... s ■ • RECREATIONAL AREA % 1`-t,c72.,�-'•"" �... ANA..-A- ...7. ACTIVITY AREA rl 1 'S°R��'j�-= ADIItT f� '' t JP•T141s 1 NLLAGE'E' RECREATIONAL- ;( US.COAST GUARD r 29 ACIBS ACTIVITY AREA tj '...11!"-"*"... / 1 1 ✓ P VILLAGE'S' k `. , ilt ■ 13.6 ACRES ♦ L .c Emma t Ac I ADDU 1' 'FP,..a/ w 1 T11'N{I.$IRTI:I Si ;IONST E71 VIV .� • IxwnE Gmq _..X 1 hC: 4n�r _ I. 1111 VILLAGE'6' N.,..J/ M- .RA .d.SITT lx do 25.2 ACRES 41..I.1111VO.iw 11v;.7..!ip.c. E!j _.t2t,sne., . ACME ADULT '1h4...J,.:, ‘1,,,,..4,•...,,,i-e. Or,r.•1ih. ,. '>a 1 f. • I . PLACE!.That original rezoning was followed by a second rezoning in 2005, which was subsequently modified in 2011. Each of the zoning changes or modifications to proffers since the original 2004 rezoning have been directly tied to changes in the ownership of the property as well as the changes in the real estate market during the past ten years. The original owner conveyed the property to Sandler at Ashville Park, LLC in late-2004, and in 2005, Sandler at Ashville Park requested a Conditional Change of Zoning that kept the zoning district the same, but replaced the 2004 proffers with new proffers that tied the development to a plan and details indicative of the new owner's development practices and design preferences. One of the most significant changes was the shift of the 56 age-restricted dwelling units that were in Village E to Village B, resulting in a total of 160 age-restricted units. Nine additional units were added to Village B at the same time, resulting in 169 age-restricted units (see '2005 Plan' on following page). After that rezoning, site construction plans were approved in mid-2006. The first 28 lots (in Village A) were sold to builders in 2007, which provided the foundation for Ashville Park being selected as the site of the Tidewater Builders Association's 2008 Homearama. Simultaneous to this development activity, the national financial and real estate markets were weakening, eventually leading to the 'Great Recession' of 2008-09. The effect on the development of Ashville Park was significant. There was limited development activity during 2009 and 2010, and the property owner / developer, like many real estate developers across the nation, eventually defaulted on the loans tied to the property. HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 2 �_ 1- 2005 Plan HIF,U.:(MSM y l rkl AA YAAR i xFY1 •' IAFFFRrttR/A:(MA • _ - !IANA V"' W A1L w tIf • p 77 \16.111oi.1 1,1 - L,a-,,,a {�•M � ".' .41;,--;c:, . � M kUQRf me . , moor ( A.,_....„-- t a" 1. • ! 17 ;II 6 •' .♦ 9 (1101 1i-174pr S gfpd . iA - - -t •` • ., : a 4r ,4 _ , I. . , LI • • 4.41 'it-, , 7-.1- MFA _ '-- 1 y4 QOM 4VrAFAi ( V ACrM A04 r \ITO'"..- lu sCOAST GVAao _"77.7-12CM. � IV ,,,r, �•ds4'NIa4$f 1 s s � � - , A I1�' %itO N Fr�g, e In 2010, Wells Fargo Bank foreclosed on the property. After foreclosure, ATC Realty Sixteen (a subsidiary of Wells Fargo)worked with the City of Virginia Beach to address a number of issues related to the condition of the property as well as uncompleted infrastructure improvements. Additionally, in an attempt to stimulate development activity, ATC Realty Sixteen /Ashville Park LLC submitted a request to modify the proffers of the 2005 rezoning. In particular, the requested modification was to remove the age-restriction for the 169 dwelling units located in Village B('Ranier Village') and to replace the 'Active Adult Center' 1 , , ,, '\i proposed for the center of Village B with a 'Village Green.' The . file 7 rationale for the requested modification was based on the x, ..lP changes in the real estate market and economy resulting from the ;LI Great Recession. Specifically, the applicant cited the significant _ , i' reduction in demand for 'active adult communities' with single family dwellings on fee-simple lots, as well as an increasing f 1 demand for smaller single-family lots and a corresponding demand for single-family dwellings with less floor area than prior to the Recession. City Council approved ATC Realty Sixteen's _ request on February 14, 2012. "` ----/' _ � i. »_ Details of Proposal �' a ' 'i"" On February 16, 2012, ownership of the property was transferred to the current owner, HOFD Ashville Park, LLC, which is a -.•...A.M.... subsidiary of HomeFed Corporation. HomeFed was the successful bidder for the property when it was auctioned by Wells Fargo after foreclosure. HomeFed / HOFD Ashville Park, LLC, like the previous owners of the property, has certain development practices and design preferences. Based on those practices and preferences, the current housing market, and new site HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 3 constraints resulting from past construction activity, HOFD Ashville Park is now requesting a Modification of the Proffers approved in 2005 and as modified by the 2011 proffers(approved in February 2012). The applicant's principal reason for requesting the modifications to the existing proffers is a need to change the layout of the three 'villages' that have not yet been developed to first, avoid wetlands created as a result of improper site grading by the previous developer, and second, provide for lot configurations that reflect the applicants development and design principles. The table below provides a list of the three remaining villages, accompanied by the number of units and the minimum lot sizes proposed for each, under the currently approved plan and the proposed plan. Currently Proffered Plan Proposed Modification Number Lot Width Lot Size Number Lot Width Lot Size Units Units Village 'C' 94 100' 20,000 SF 116 45 at 120' 45 lots at 18,000 SF 71 at 90' 71 lots at 13,500 SF Village 'D' 45 100' 12,000 SF 44 80' 12,000 SF Village `E' 56 100' 12,000 SF 40 100' 20,000 SF Total Units 195 200 • As the table above indicates, the number of units within the three villages will increase by five; however, the five units are not additional units beyond the maximum 499 units already allowed. The five units are being shifted from Village B (Ranier Village'), where each would be on a 7,200 SF lot, to Village 'C,'where each will be on a 13.500 SF lot. The five units being shifted to Village 'C' will be located within the village layout such that the number of dwelling units within the 65 to 70 dB DNL AICUZ (Sub-Area 2) remains the same as the number under the currently proffered plan. • The increase of 22 units in Village 'C' is based on the village's location in the geographic center of the community, with close proximity to the Community Center and active recreational amenity area. • The number of lots proposed for Village `E,' at the eastern end of Ashville Park, is being reduced by 16 while at the same time the minimum lot area is being increased from 12,000 SF to 20,000 SF. These changes are driven by the location of Village 'E' at the eastern end of Ashville Park, which is the closest portion of the site to Back Bay. The fewer number of units combined with the larger lot sizes decreases the area of impervious surface at this end of the development site. • The revised layout of the villages reduces the overall development footprint by approximately 11 acres, which corresponds to an increase in approximately 11 acres of open space. Open Space Data Total Site Size ±452.8 acres -Open Space Total ±246.8 acres(54.5% of-site) Interior Village Open Space ± 23.5 acres Buffers ± 20.0 acres Lake ± 46.5 acres Residual Open Space ± 156.8 acres Details -Modification of Proffers The applicant is requesting modification of proffers contained in both the 2005 and 2011 Conditional Zoning Agreements (CZAs). The table below lists the proffer requested for modification, the requested modified proffer text, and then, staff comments regarding the modification. There are references throughout the modified proffers to a 'Manual,' which is the Master Plan document for Ashville Park. The project has always been guided by such a Manual. One of the most significant changes to the Manual is the addition of an extensive 'Architectural Standards' section on pages 11 through 16,which is, in effect, HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 4 a"Pattern Book" for new dwellings in the community. This is significant, as the development has never had such architectural guidance. Previous guidance regarding the housing design consisted only of Proffer 27,which states that"All residential dwellings constructed on the Property shall have visible exterior surfaces, excluding roofs, porches,windows, doors, trim and soffits, consisting entirely of all or any combination of brick, stone, hardy plank, stucco, cedar shake or similar quality materials." PROFFER 1 (2005): REQUESTED MODIFICATION: The Property shall be developed substantially as The Property, which includes a portion of Village shown on the "Master Plan of Ashville Park "B"and all of Villages "C", "D" and "E", shall be Virginia Beach, VA"dated 2/08/05 and designed developed substantially as shown on the Exhibit by Stephen Fuller Places, LLC in conjunction with designated "Ashville Park" "Master Plan," dated MSA, P.C., a copy of which has been exhibited to December 19, 2014, prepared by LSG Landscape City Council and is on file with the Virginia Beach Architecture Inc.,which is contained as page 1 of Planning Department (hereinafter, the"Master the 16 page "Ashville Park"development manual, Plan"). a copy of which has been exhibited to the City Council and is on file with the Virginia Beach Planning Department (hereinafter, the"Master Plan" and "Manual"). Staff Comments: The requested modification results in the replacement of the 2005 Master Plan document with the Master Plan document entitled`Ashville Park,"which was submitted with the current application. The new proffer also clarifies that the Master Plan primarily applies to the reconfigured Villages C, D, and E. PROFFER 3(2005): REQUESTED MODIFICATION: A second entranceway to the Property shall be A second entrance to the Property shall be located at Flanagans Lane near the intersection of located at Flanagans Lane near the intersection of Flanagans Lane and Sandbridge Road and shall Flanagans Lane and Sandbridge Road and shall be substantially similar in design and quality to the be substantially similar in design and quality to the exhibit entitled "Community Entrance Flanagans exhibit entitled, "COMMUNITY ENTRANCES", Lane" prepared by Stephen Fuller Places, LLC, a "Flanagans Lane" dated 12/19/2014, prepared by copy of which is contained within Section V of the LSG Landscape Architecture Inc.,a copy of which Manual. is at page 5 of the Manual. Staff Comments: The requested modification is minor,providing a slightly different design for the Flanagans Lane entrance feature in lieu of the design contained in the 2005 Master Plan document. Moreover, the new design is more consistent with what was constructed at the Princess Anne Road entrance than what is the design provided in the 2005 Master Plan document. PROFFER 7(2005): REQUESTED MODIFICATION: The internal streets within Ashville Park shall be The internal streets within Villages "C", "D"and designed and constructed in accordance with the "E" as depicted on the Master Plan shall be exhibit entitled "Typical Street Sections Plan of designed and constructed in accordance with the Ashville Park Princess Anne Road, Virginia exhibit entitled, "Typical Sections" dated Beach, Virginia", prepared by MSA, P.C., and 12/19/2014, prepared by LSG Landscape dated February 8, 2005, which exhibit has been Architecture Inc.,a copy of which is at page 10 of displayed to the City Council of the City of Virginia the Manual. Beach and is on file in the Virginia Beach Planning Department (hereinafter"Street Section Plan"). HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 5 Staff Comments: The requested modification results in the substitution of the 2005 roadway cross- sections with new cross-sections that are based on past development review observations as well as lessons learned'through use of the 2005 roadway sections. The new cross-sections also provide a section for trails,which was not part of the 2005 document. PROFFER 12(2005): REQUESTED MODIFICATION: The total number of units developed in Village B The total number of units developed in Village B shall not exceed 169. All such units within Village shall not exceed 164. All such units in Village B B shall be single-family detached dwellings. The shall be single-family detached dwellings. The minimum lot size, internal open space area, minimum lot size, internal open space area, buffers and acreages for each Village shall be as buffers and acreages for each Village shall be as set forth in the Master Plan. set forth in the Master Plan. Staff Comments; The requested modification deletes five dwelling units from Village B for transfer to Villages C, D, or E. PROFFER 13(2005): REQUESTED MODIFICATION: Villages "A","C", "D"and "E"shall be developed Villages "A", "C", "D" and "E" shall be developed substantially as depicted on the Master Plan. The substantially as depicted on the Master Plan. The total number of units developed in Village A shall total number of units developed in Village "A" shall not exceed 135 units. The total number of units not exceed 135. The total number of units developed in Village C shall not exceed 98 units. developed in Village "C"shall not exceed 116. The total number of units developed in Village D The total number of units developed in Village "D" shall not exceed 41. The total number of units shall not exceed 44. The total number of units developed in Village E shall not exceed 56.All developed in Village "E"shall not exceed 40. All units shall be single-family detached dwellings units shall be single family detached dwellings within these Villages. The minimum lot size, within these Villages. The minimum lot size, internal open space area, buffers and acreages internal open space area, buffers and acreages for each Village shall be as set forth in the Master for each Village shall be as set forth in the Master Plan. Plan. Staff Comments: The requested modification establishes the new number of dwelling units for each village resulting from the reconfiguration of the villages. The reconfiguration of the villages with regard to size and location is due to two primary factors:(1)the need to move development from previously proffered locations due to the creation of wetlands(as defined by the U.S.Army Corps of Engineers) on the site as a result of changes in drainage patterns under the original developer that were exacerbated by long period of inactivity on the site;and(2) HOFD's development practices and design preferences,as well as HOFD's housing market research at both the local and national level. Lot sizes in Villages C, D, and E will now be between 13,500 square feet and 20,000 square feet, whereas the lot sizes under the existing proffers are between 12,000 square feet and 20,000 square feet. The reconfiguration also results in an increase in the area of the site devoted to passive and active open space and recreational amenities(increase from 52% open space to 54.5% open space). PROFFER 14(2005): REQUESTED MODIFICATION: The linear parks depicted within Villages A, C, D Those portions of the linear parks that are created and E shall be maintained by the Home Owners by easement upon a portion of a residential lot Association and no structure shall be allowed shall be maintained by the residential lot's owner. within the linear parks other than uniform fencing, The cost reduction to the Association resulting or other uniform decorative features, and from the elimination of this line item/expense will mailboxes. The Pocket Parks depicted on the be immediately reflected in monthly homeowner Master Plan shall be developed and constructed assessments. All other park areas and open HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 6 substantially as depicted on the Master Plan. The space areas shall be maintained by the Home Pocket Parks shall be maintained by the Home Owners Association. No structures shall be Owners Association. All sidewalks and trails allowed within the parks other than uniform located outside of the public rights-of-way shall be fencing, storm drainage improvements, other maintained by the Home Owners Association. uniform decorative features, and mailboxes. All sidewalks and trails located outside of the public rights of way and public easements shall be maintained by the Home Owners Association. Staff Comments:Staff considers this a 'housekeeping' item since the new proffer reflects changes that have been recently implemented in Village A at the request of and approved by the homeowners in that Village. The concept of`Pocket Parks'has been integrated into the `Linear Park'concept. PROFFER 19(2011): REQUESTED MODIFICATION: The recreational facility referenced in Proffer The community amenities depicted on the Master number 18 [of the 2005 Proffers]shall be Plan between Village "A" and Village "C"shall be substantially similar in quality, design, and substantially similar in quality, design, size and character to the exhibit entitled "Community architectural character to the two (2)exhibits Amenities" as contained in Section VI in the entitled "COMMUNITY AMENITIES" (1) Manual. It is recognized that with a development Recreational Activity Center, and (2)Clubhouse of this size, detailed building plans may change as Elevations dated 12/19/2014, prepared by LSG the development of Ashville Park progresses. The Landscape Architecture Inc.,copies of which are intent of the renderings is to demonstrate the at pages 6 and 7 of the Manual. The Recreational architectural style and building quality of this Activity Center shall include a Clubhouse facility. Final elevations for the structure shall be (minimum 3,400 square feet), Drop-off, Sun Deck, submitted to the Planning Director to assure Swimming Pool (minimum 3,400 square feet), compliance with this proffer. Lake, Pedestrian Trail connection, Children's Play Area, multipurpose court, and parking lot (35 spaces). The Community Amenities shall be constructed and a certificate of occupancy issued for the clubhouse and pool prior to the issuance of a certificate of occupancy for any residential dwelling in Village C, D or E. Staff Comments: The effect of Proffer 18 of the 2011 modification to the original 2005 proffers (referenced above in Proffer 19) was to reduce the number of originally proffered`Recreational Activity Areas'to one, which will be located between Villages A and C. The 2011 Modification of Proffers application primarily focused on site layout revisions and elimination of the age-restriction for Village B. The originally proposed indoor facility for Village B was replaced with a Village Green. Proffer 19 of the 2011 modification(above) tied the general quality, design, and character of the`Recreational Activity _ Area'to the graphics in Section VI of the 'Ashville Park Manual.'With that as background, the currently proposed modification provides more specificity to the components that will part of the Recreational Activity Area, and requires that the clubhouse be constructed and have a Certificate of Occupancy prior to the issuance of occupancy permits for any dwelling in Villages C, D, or E. PROFFER 21 (2005): REQUESTED MODIFICATION: No portion of the Property that has been No portion of the Property that was delineated as designated as a jurisdictional wetland by the U.S. a jurisdictional wetland by the U.S. Army Corps of Army Corps of Engineers shall be disturbed. Engineers prior to the commencement of development of Ashville Park shall be disturbed. Any impacts to portions of the Property that have subsequently been designated as jurisdictional wetlands by the U.S. Army Corps of Engineers HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 7 shall be allowed as permitted by State Department of Environmental Quality and the U.S. Army Corps of Engineers. Staff Comments: The applicant proffered(Number 21, above) with the original Conditional Change of Zoning that none of the non-tidal wetlands identified by the Army Corps of Engineers as being under its jurisdiction would be disturbed during development of the site. The currently requested modification of that proffer reaffirms the content of the proffer,as well as noting that any impacts to areas of wetlands that have been subsequently identified by the Corps as being under its jurisdiction shall be allowed only as permitted by the Virginia Department of Environmental Quality and the Corps. PROFFER 22(2005): REQUESTED MODIFICATION: The combined areas set aside for recreation and The combined areas set aside for recreation and open space on the Property should not be below open space within Ashville Park shall not be fifty-two percent(52%)of the current gross below 54% of the 452.8 gross acres which acreage of the Property. The different types and comprise Ashville Park as depicted on the Master acreages of open spaces provided within Ashville Plan. The different types and acreages of open Park shall be substantially as specified on the spaces provided shall be substantially as Master Plan. specified on the Master Plan. Staff Comments: This proffer updates the number of acres and percent of the total gross acres that are being persevered for recreation and open space. PROFFER 24(2005): REQUESTED MODIFICATION: Grantor shall construct a series of sidewalks and Grantor shall construct a series of sidewalks and trails that are designed to provide pedestrian trails that are designed to provide pedestrian accessibility within each Village, and pedestrian accessibility within each Village, and pedestrian and bike connections between each Village and to and bike connections between each Village and to adjacent properties substantially as shown on the adjacent properties substantially as shown on the Exhibit entitled "Connectivity Plan" prepared by Master Plan and the exhibits entitled, "Village Stephen Fuller Places, LLC, which plan is part of Plans" dated 12/19/2014, prepared by LSG the Manual (hereinafter "Connectivity Plan"). The Landscape Architecture Inc.copies of which are path system within the Village Greens, the Pocket at pages 2 and 3 of the Manual. The path system Parks and other open space areas shall be within the Village Greens, the Parks and other finished in hard surfaces such as asphalt or open space areas shall be finished in hard compacted clay. Such trails shall be designed surfaces such as asphalt or compacted clay. substantially in accordance with the quality levels While not all portions of the trail system within and design features as depicted on the exhibit Ashville Park will be open to the public, a entitled "Open Space"prepared by Stephen Fuller continuous trail system from Princess Anne Road Places, LLC, which exhibit is part of the Manual. to Flanagans Lane that will be open to the public While not all portions of the trail system within either through easements over some of the trails Ashville Park will on the Home Owners Association property, or the be open to the public, Grantor shall provide a provision of sidewalks and trails within the public continuous trail system from Princess Anne Road right of way section between Princess Anne Road to Flanagans Lane that will be open to the public and Flanagans Lane. either through easements over some of the trails on the Home Owners Association property, or the provision of sidewalks and trails within the public right-of-way section between Princess Anne Road and Flanagans Lane. HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 8 Staff Comments: There is no substantial change being made by this proffer other than reference to pages 2 and 3 of the new Manual rather than the 'Connectivity Plan'provided in the original Manual. PROFFER 25(2005): REQUESTED MODIFICATION: Grantor shall construct a Multi-Purpose Grantor shall construct a Multipurpose /Equestrian Trail /Equestrian Trail substantially where substantially as depicted on the Master Plan and the Village indicated on the Connectivity Plan. The Plans Exhibits in the Manual. The Multipurpose/Equestrian Multi-Purpose / Equestrian Trail shall be Trail shall be approximately 8 feet in width, constructed of approximately 8' in width, constructed of compacted earthen material, compacted clays, or similar compacted earthen material, compacted compacted material substantially in accordance with the clays or similar compacted material "Typical Trail Section" as depicted on the exhibit entitled, substantially as depicted on the "Trail "Typical Sections" at page 10 of the Manual. The Section" shown on the Connectivity Multipurpose /Equestrian Trail shall be open to the public. Plan. The Multi-Purpose / Equestrian Trail shall be open to the public. Staff Comments:Similar to the modification to Proffer 24, this modification changes the reference regarding the specifics of the Multi-Purpose/Equestrian Trail from the 2005 Manual to the currently proposed Manual. This trail was an important component of the original rezoning, as it connects to Heritage Park to the north and is intended to continue south of Ashville Park, consistent with the overall vision for the Transition Area. PROFFER 33(2005): REQUESTED MODIFICATION: The dimensional requirements applicable to The dimensional requirements applicable to residential development of all portions of the Property development of the Villages in Ashville Park except except Village B shall be as follows: Village "B"shall be as follows: Minimum Lot Area in Square Feet: (a)Village "A" HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 9 12,000 (Villages D and E) i. Minimum Lot Area in Square Feet 20,000 20,000 (Villages A and C) ii. Minimum Lot Width in Feet 100 iii. Minimum Front Yard Setback in Feet 50 Minimum Lot Width in Feet: 100 iv. Minimum Side Yard Setback in Feet 10 v. Minimum Side Yard Setback adjacent to a Minimum Front Yard Setback in Feet: 50 for Street in Feet 30 20,000 square foot lots and 30 for lots less than vi. Minimum Rear Yard Setback in Feet 20 20,000 square feet vii. Minimum Rear and Side Yard Setback for Accessory Structures no greater than 150 Minimum Side Yard Setback in Feet: 10 Square Feet 5 feet viii. Maximum Lot Coverage 30% Minimum Side Yard Setback Adjacent to a Street ix. Minimum Setback from Sidewalk on Lots in Feet: 30 containing linear park (easement) 15 feet from Minimum Rear Yard Setback in Feet: 20 edge of sidewalk Accessory structures of no more than 150 square feet: 5 rear and side yard setbacks x. Maximum building height in feet 42 Maximum Lot Coverage: 30% for lots 20,000 (b)Village "C" square feet and greater and 35%for lots less i. Minimum Lot Area 45 Lots in Square Feet 18,000 than 20,000 square feet ii. Minimum Lot Area 71 Lots in Square Feet 13,500 ill. Minimum Lot Width in Feet 90 Minimum Setback from Sidewalk for lots iv. Front Yard Setback in Feet 30 containing linear parks: 15'from edge of sidewalk v. Minimum Side Yard Setback in Feet 10 vi. Minimum Side Yard Setback adjacent to a Maximum Height: 42 feet in Villages A and C and Street in Feet 20 38 feet in Villages D and E vii. Minimum Rear Yard Setback in Feet 20 viii. Minimum Rear and Side Yard Setback for Accessory Structures no greater than 150 Square Feet 5 feet ix. Maximum Lot Coverage 35% x. Minimum Setback from Sidewalk on Lots containing linear parks (easement) 15'from edge of sidewalk xi. Maximum building height in feet(not to 40 exceed 2 stories) (c)Village "D" Minimum Lot Area in Square Feet 12,000 ii. Minimum Lot Width in Feet 80 iii. Minimum Front Yard Setback in Feet 25 iv. Minimum Side Yard Setback in Feet 5 and 10 v Minimum Side Yard Setback adjacent to a Street in Feet 20 vi. Minimum Rear Yard Setback in Feet 20 vii. Minimum Rear and Side Yard Setback for Accessory Structures no greater than 150 Square Feet 5 feet viii. Maximum Lot Coverage 40% ix. Minimum Setback from Sidewalk on Lots containing linear parks (easement) 15'from edge of sidewalk x. Maximum building height in feet(not to 40 exceed 2 stories) HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 10 (d)Village "E" i. Minimum Lot Area in Square Feet 20,000 ii. Minimum Lot Width in Feet 100 iii. Minimum Front Yard Setback in Feet 40 iv. Minimum Side Yard Setback in Feet 10 v. Minimum Side Yard Setback adjacent to a Street in Feet 30 vi. Minimum Rear Yard Setback in Feet 20 vii. Minimum Rear and Side Yard Setback for Accessory Structures no greater than 150 Square Feet 5 feet viii. Maximum Lot Coverage 30% ix. Minimum Setback from Sidewalk on Lots containing linear parks (easement) 15'from edge of sidewalk x. Maximum building height in feet (not to exceed 2 stories) 42 Staff Comments: This requested modification to the 2005 proffers derives from the development practices and design preferences of the new owner of the property,similar to when the previous owner deleted all of the proffers from the 2003 rezoning and replaced those proffers consistent with its development practices and design preferences. Based on those practices and preferences as well as the changes in housing market since the market crash of 2008-09, the proposed proffer provides dimensional requirements for Villages C, D, and E, resulting in a variety of dwelling types. 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family residential (existing and under construction),vacant land, non-tidal wetlands (USACOE), and forest SURROUNDING LAND North: • Single-family rural residential and cultivated fields/AG-1 USE AND ZONING: and AG-2 Agricultural Districts • Single-family residential, recreational facility,and forest (Heritage Park) /R-20 Residential District& P-1 Preservation (Open Space Promotion) South: • Single-family rural residential /AG-1 and AG-2 Agricultural Districts • Undeveloped land and Coast Guard Communications Facility/AG-1 and AG-2 Agricultural Districts • Forest, cultivated fields, and single-family rural residential / AG-1 and AG-2 Agricultural Districts HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 11 East: • Back Bay National Wildlife Refuge /AG-1 and AG-2 Agricultural Districts West: • Princess Anne Road • Cultivated fields and single-family rural residential /AG-1 and AG-2 Agricultural Districts NATURAL RESOURCE AND Portions of the site are open fields and other areas are wooded. CULTURAL FEATURES: The site drains to the north toward Scopus Marsh or eastward to Ashville Bridge Creek and Back Bay.There are areas of Corps- defined non-tidal wetlands. From a cultural perspective, it appears that the City's most infamous character, the "Witch of Pungo" Grace Sherwood, owned a portion of the site during her lifetime. According to City records, John White, Grace's father, received a land patent of 195 acres at Ashville Creek at the east end of Muddy Creek in 1674. At his death, the property conveyed to James and Grace Sherwood. COMPREHENSIVE PLAN (NOTE: This application was submitted prior to the latest amendments to the Comprehensive Plan pertaining to the Transition Area policies and design guidelines. The application has, therefore, been reviewed under the prior policies and design guidelines). The Comprehensive Plan designates the subject property as being within the Transition Area. The Transition Area serves as a unique land use buffer for the low density Rural Area from the more densely developed Suburban Area by instilling a hybrid of the two types of development patterns that promotes open space and a low per acre density. Another unique feature of the Transition Area, near its eastern edge along New Bridge Road, are the headwaters of Back Bay;a natural feature that helps define the Transition Area by providing an unparalleled amenity for both residents and visitors. As a whole, this area is characterized by many high quality residential neighborhoods with significant, exceptional open space. Discretionary development proposals within the Transition Area should be well-planned, with clustered or massed residential development of densities averaging no more than one dwelling unit per acre,should adhere to the planning and design principles cited in the Transition Area Design Guidelines, and should conform to the provisions of the Oceana Land Use Conformity program and AICUZ provisions. Development proposals should strive to achieve the goal of attaining 50 percent open space, including berms, trees, buffers, and trails, to create safe, accessible, and attractive roadway corridors and internal green space that provide attractive vistas and recreation areas as well as protect natural resources. Uses should be clustered in a creative manner to minimize impervious surfaces, protect open spaces, and optimize site amenity and design opportunities. Site plans should be designed to respect and display valued natural resources and incorporate a well-planned system of multipurpose trails, greenways, and other linkages that are instrumental in implementing the strategic goals of the adopted Outdoors Plan. It should be demonstrated that the capacity of roadways and other infrastructure can adequately support the increased demand. All projects should to employ energy efficient systems, preferably equivalent to or higher than the standards set for the Leadership in Energy and Environmental Design (LEEDTM) 'Certified' rating, (p. 4-1 to 4-4, 4-19, Policy Document prior to amendments of February 3, 2015). 4 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): In the vicinity of this site, Princess Anne Road is a two-lane minor suburban arterial with a variable (80 feet to HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 12 100 feet) right-of-way width. For this portion of Princess Anne Road, the City's Master Transportation Plan recommends an ultimate 135-foot wide right-of-way within a four-lane parkway typical section. There is an active CIP Project, Princess Anne Road Phase VII-A(CIP 2.033.0), for this section of Princess Anne Road. This project is for the construction of safety improvements on Princess Anne Road from the Sandbridge Road / Upton Drive intersection to Indian River Road, including, but not limited to, shoulder widening, additional turn lanes, underground utility relocation, and drainage improvements. Flanagans Lane is a two-lane local /collector street. TRAFFIC: Present Street Name Volume Present Capacity Generated Traffic Princess Anne 13,000 ADT' 13,600 ADT 1(Level of Road (2013) Service"C") Existing Land Use 2- 15,000 ADT(Level of 4,990 ADT Service"D")[capacity (499 PM Peak Hours) level] Proposed Land Use 3- 16,200 ADT(Level of No change Service"E") Flanagans Lane 500 ADT 6,200 ADT (Level of Service"C") 9,900 ADT(Level of Service"D")[capacity level] 11,100 ADT(Level of Service"E") 'Average Daily Trips 2 as defined by 499 single-family dwellings 'as defined by 499 single-family dwellings • The approved original TIS analysis found that a traffic signal for the intersection of Ashville Park Boulevard and Princess Anne Road would be required at approximately 70%build-out of the entire Ashville Park development. Traffic Engineering will continue to monitor the intersection, and will require the traffic signal to be installed when it becomes warranted, regardless of the previously approved projections. • Traffic Engineering reserves the right to make detailed comments as necessary upon submittal of construction plans. WATER and SEWER:Ashville Park is already connected to City sewer and water. SCHOOLS: School Current Capacity Existing Proposed Change 2 Enrollment Zoning 1 Zoning • Princess Anne Elementary 502 586 55 55 0 Princess Anne Middle 1,467 1,474 33 33 0 Kellam High 1,826 1,961 47 47 0 'Number of students 2"change" represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive (additional students)or negative (fewer students). HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 13 • 0 EVALUATION AND RECOMMENDATION The applicant is requesting a Modification of Proffers(from the 2005 rezoning and its 2011 modification). The applicant's principal reason for requesting the modifications to the existing proffers is a need to change the layout of the three 'villages' that have not yet been developed to first, avoid wetlands created as a result of improper site grading by the previous developer, and second, provide for lot configurations that reflect the applicant's development and design principles. The residential density of Ashville Park is currently 1.10 dwelling units per acre based on 499 units on 452.8 acres. This density level was approved in 2005, with density above one unit per acre provided as a result of age-restriction for 169 of the units (at that time, there was some evidence that such units had nearly half of the impact on public services as units that were not age-restricted). The age-restriction was deleted in 2011 with City Council's approval of a Modification of Proffers in 2011 pertaining to Village B. The currently requested Modification of Proffers will not result in a change to the density. Staff evaluated the proposed development for consistency with the Comprehensive Plan policies, including use of the Transition Area Matrix (pre-2015 amendments), which assesses the proposed developments compliance with the three important components of the Transition Area Design Guidelines: Natural Resources, Amenities, and Design. Since the Transition Area Matrix was purposely designed such that the result of the calculation cannot exceed 1 dwelling unit per acre, it is not unexpected that the result of calculation for this development indicates that the maximum number of units is 540 (since the total site area is 540 acres). It must be noted, however, that the number of units approved for Ashville Park has always been in excess of the one dwelling unit per acre policy, and even with the most recent modifications to the proffers approved by the City Council in 2011, the density remained over one dwelling unit per acre. Staff finds that there is no rationale for reducing the density by 0.10, as the new proffers result in a plan that provides a variety of housing types not previously available in this community, which is consistent with the Comprehensive Plan's Housing Policies,while, at the same time, providing a greater area of the types of open space and recreational amenities that are recommended by the Transition Area Design Guidelines. Based on Ashville Park's history during the past decade, the applicant's current request for a modification of proffers is a response to a necessity for the Master Plan to evolve. Such an evolution is necessary in order to continue developing the community to meet the original intent of Ashville Park as a high-quality, vibrant, and unique community, providing active and passive recreational opportunities accompanied by expanses of open space and scenic vistas. Staff recommends approval of the request for a Modification of the Proffers of the 2005 Change of Zoning and the 2011 Modification. The complete proffers are provided below. • 0 PROFFERS The proposed proffer modifications of the 2005 Rezoning and the 2011 Modification of the 2005 proffers have been previously provided on pages 3 through 11 of this report. CITY ATTORNEY: The City Attorney's Office has reviewed the proffer agreement dated December 30, 2014, and found it to be legally sufficient and in acceptable legal form. HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 14 NOTE:Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning 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. HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 15 `✓`arc'•,. ` .., •bridge 11' i .. F � Akkg , • I. w , ; .. , ,,., , cx ‹ z _ .;,r'i,:,F� , w sp O H s J V1 V N k ` � .-.4:- = d LLW ccQ i,. w cc a `1",17 - . r ... _ , O ccOLL A- k c ' • w -''---.t... as. I F-- Q LL O • ~t Y -,1411 , °E.9.„;1 y'2 w, - .011P-,K+'� - S r r vs- AERIAL PHOTOGRAPH OF SITE AND SURROUNDING AREA HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 16 PRINCESS ANNE Map L,K,--113-14 HOFD Ashville Park, L.L.C. Ma.Nol to Sc 'fir;i . � �� �G 1 �a A ` ,_,44N.,„„„wki, ,� , , *,,,__4 /44 - __Aeltiit-22-4,A="*. -.-------44=4-i-7--0.- m 'Irrisai ..... "4.rz I.( 4,0,7, „...sr .0e, `1 „. ,...4.1 ,,,,_,Ott,.,,,,,,,,Arlpagilat,Z.. .... ., Vat 4.6 , ip...-__ , ..... . it,\WAt-.- 41P-4, -414 'y\I; t`i •'��: L,� lad'_ L/ r 0740411 . — .1c,„*.,- ., -....,,,--j, zw.,,,,,, -... ...7,A.I.10,,,,, 4Tittt .4„,,„ Avg x;73 's NoN y \fit,,,4= >.�n44.-..,4._-7-W,.-k 1 7:;,-M$ 1i` . likkh, a AG 2 <-, tk.f.1;,,,u„... i• ! �'.,AG 1 _ : 1AG1 . Viiim E Ldt AGI AG2 k iv -� IllirAG1 At a1� '- _ A49\a moi i 2 'Zoning with • •tiora,Profkrs,Open Space Promotion Modification of Proffers ARP-Agric ukunl Reserve Program Overby ZONING HISTORY # DATE REQUEST ACTION 1 02/14/2012 Modification of Proffers Approved 05/10/2005 Conditional Rezoning (Conditional PD-H2 Planned Unit Approved Development District[R-30 Residential District and P-1 Preservation District]to Conditional PD-H2 Planned Unit Development District[R=- 30 R=-30 Residential District and P-1 Preservation District]) 02/24/2004 Conditional Rezoning (AG-1 &AG-2 Agricultural to Conditional PD- Approved H2 Planned Unit Development District[R-30 Residential District and P-1 Preservation District]) 12/10/1991 Conditional Use Permit (Borrow Pit) Approved 08/27/1986 Rezoning (R-3 Residential to AG-1 &AG-2 Agricultural) Approved 02/12/1973 Conditional Use Permit (Rifle Range) Approved 2 08/12/2003 Conditional Rezoning (AG-1 &AG-2 Agricultural to Conditional R-20 Approved Residential and P-1 Preservation) HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 17 Conditional Use Permit (Open Space Promotion) 2 _ 00/00/2000 Change of Zoning (AG-2 to R-15) Denied 3 6/13/1995 Street Closure _ Approved 4 09/24/2013 Modification of Conditions (Outdoor Recreation) Approved 07/07/2009 Conditional Use Permit (Outdoor Recreation and Mulch Facility) Approved 08/10/1993 Conditional Use Permit (Firewood Preparation) Approved 08/27/1986 Rezoning (A-1 Apartment to AG-1 &AG-2 Agricultural) Approved 5 07/11/2000 Conditional Use Permit (Auto Repair) Approved 6 04/12/2012 Change of Zoning (B-2&AG-2 to Conditional B2 Approved Conditional Use Permit (Auto Service Station) Approved 7 Pending Change of Zoning (AG-1 &AG-2 to Conditional R-15) Pending 8 11/12/2007 Change of Zoning (AG-2 to Conditional PD-H2 [R-15]) Approved Floodplain Variance Approved 04/11/2012 Modification of Proffers Withdrawn HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 18 .,. ...... ,,„ .;_.4 ,. 7 ` f APPLICANT'S NAME HOFD Ashville Park, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative . Economic Development Nonconforming Use Compliance, Special Investment Program ChangesI Exce•tion for (EDI P) Board of Zoning Encroachment Request Rezoning As seals 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 I LiceHse Agreement , Wetlands Board i The disclosures contained in this furm 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 / .PPLIC —,"1- DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prim to any ' Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s) i ❑ APPLICANT NOTIFIED OF HEARING DATE NO CHANGES AS OF DATi ❑ REVISIONS SUBMITTED 1 DA1 L Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ISI Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: HOFD Ashville Park, LLC If an LLC, list all member's names: HomeFed Corporation, Manager: Christian Foulger, President; Erin Ruhe, Vice President/Treasurer; Kent Aden, Vice President If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 onl' if property owner is different from Applicant. f Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. hl 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:Ashville Park Owners Association If an LLC, list the member's names: Page 2 of 7 :1 • %.:..'-'.'•1 — N..., Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Ashville Park Owners Association, Inc.: Christian Foulger, President; Ryan Potes, Vice President; Hale' Richardson, Secretary/Treasurer (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 § 2.2-31 01. 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 p:ovided in connection with the subject us the application or any business upei citing 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 — rPROVIDER (use additional sheets if YES ; NO SERVICE needed) XAccounting and/or preparer of — your tax return X n Architect / Landscape Architect/ LSG Landscape Architecture, Inc.; Land Planner Looney Ricks Kiss Architects Contract Purchaser(if other than X the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed Xpurchaser of the subject property (identify purchaser(s) and purchaser's service providers) X Construction Contractors X❑ Engineers / Surveyors/Agents Kimley-Horn Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X Legal Services Sykes, Bourdon, Ahern & Levy, P.C. Real Estate Brokers / Pi< Agents/Realtors for current and anticipated future sales of the subject property `Harry R. Purkey,Jr., Esquire; Faggert& Frieden, P.C. (Carol Hahn) SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does-an official or employee of the City of Virginia Beach-have U X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 5 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this ,Application. HOFD Ashville Park, LLC Christian Foulger, President cArhs APPLICANT'S SIGNATURE PRINT NAME DATE r Page 5 of 7 r ;„ 3 OWNER Virginia Beach I YES NO 1 1 SERVICE PROVIDER (use additional sheets if 1 i needed) nAccounting and/or preparer of I I your tax return XArchitect/ Landscape Architect / 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 ��(j purchaser's service providers) LJ 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) XLegal Services Sarah R. Palamara, Esquire Real Estate Brokers / X Agents/Realtors for current and anticipated future sales of the i sub'ect roperti j SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 'S 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. Ashville Park ,wne s Assoc,ion, Inc. Christian Foulger, President PROPERTYOWNERSSICNURE PRINT NAME DATE Page 7 of 7 Item#3 HOFD Ashville Park, L.L.C. Modification of Proffers of a Conditional Change of Zoning North and south sides of Ashville Park and south sides of Ashville Park Boulevard District 7 Princess Anne March 11, 2015 REGULAR Jeff Hodgson: Please call the next item. Phil Russo: The next application is Item 3. It is an application of HOFD Ashville Park, L.L.C.for a Modification of Proffers of a Conditional Change of Zoning, approved May 10,2005, and as modified on February 14, 2012,on property located on the north and south side of Ashville Park Boulevard, District 7, Princess Anne. Jeff Hodgson: Welcome Mr. Bourdon. Eddie Bourdon: Thank you Mr. Chairman. For the record, I'm Eddie Bourdon, a Virginia Beach attorney representing the applicant. We appreciate that this was on the Consent Agenda item, and I will try to be brief. Dr. White did an excellent job this morning describing what we were proposing. Eddie Bourdon: This just involves what is a matter of a house keeping items and the remaining three villages. Village C is about to begin development in the center of Ashville Park, as is the public amenity for the residents. Clubhouse, pool, courts,etc.,that are all being put in place here. As Dr.White explained this morning, between the economic situation that befell the previous developer,and leaving the property improperly graded and drainage locked up,wetlands have developed, or did by the time HomeFed acquired the property developed in this area. Frankly, it was part of the farm that my family owned for years that was put into this development initially,and it wasn't wet back in those days. It was farmed land. But inl order to avoid impacting the wetlands,that's the principal reason why these modifications are before you. Also,the reason is to add a lot of tremendous architectural requirements that were not in the previous plan,which most of the members of the Commission heard this on a prior application. That application is no longer in play. It has been withdrawn; so,this is just simply housekeeping on these villages.The lots that are on the outside of this village(Village C) are 120-foot wide, 18,000 square foot lots.The number of lots that are inside the AICUZ area is not expanded one bit. We have moved five lots that were 7,200 square feet from Village B to put more open space in Village D over into Village C, again in close proximately to all of the amenities. We got 250 feet of open space on our property before you get to the lots that are in Heritage Park that back up to this property without any open space intervening into Heritage Park. The amenity package will all be in place and occupied before any of the residents in Village C are permitted to be occupied before Certificates of Occupancy can be issued,which is a big gain for the current residents. Pretty much,those are the big high points in this housekeeping. I did want to mention that,again,we have had excellent attendance at meetings with the homeowners in Ashville Park,and they did ask us for two additional proffers,which you all received this morning,which we will insert in the Manual. This is the Manual that is proffered with this application,which is again, pretty much unprecedented. It is one of the nicest we've seen,and this is something HomeFed has done,which we think is a big plus, because there is not really a lot of"meat" in Item#2 HOFD Ashville Park, L.L.C. Page 2 some of the architectural proffers in the original plans for Ashville Park. The two involved here are simply dealing with precluding front loading garages in Village C and E, and a limited number of side loading garages in Village D. Village D has 80 foot wide lots;so,there will be some front-loading garages there, and all fencing in these last three villages will be the open-style fencing that the Comprehensive Plan calls for now,was recently put into place.With that, I understand there is some opposition from Heritage Park,and I will simply note that the lots in Heritage Park are R-20 Open Space Promotion. The lot size minimum is 90 feet wide and 12,000 square foot in area. The average lot size is 100-foot wide and the average square footage in Heritage Park is between 13,000 and 13,500,and again,the lots that abut us in Heritage Park,without any open space intervening,those lots are 250-feet away, and are 120- foot wide lots that are 18,000 square feet, bigger than any of the lots that adjoin us in Heritage Park. Heritage Park has 45 percent of open space, 276 units,45 percent open space,75 acres of open space. Ashville Park with will add 11 acres of open space. I apologize, I forgot to mention that, and that brings the open space in Ashville Park to 247 acres. And that is 247 acres that the homeowners have to maintain,and some of these new village configurations also actually help save the cost of maintaining all the open space in Ashville Park as well. I'll be happy to answer any questions. Jeff Hodgson: Does anyone have any questions for Mr. Bourdon? Thank you sir. Eddie Bourdon: Thank you. Phil Russo: Our next speaker is Rob Steele. Rob Steele: Good afternoon, my name is Rob Steele. I'm a resident of Ashville Park, and today I'm just here to offer full support for HomeFed,and the development in general. HomeFed has spent a lot of time in the last year, 18 months. I've become friends with the residents, and most recently we've had face-to-face conversations with the developers to come to compromises. And this is the best possible application that can suit not only the neighborhood but the Transition area as well. Jeff Hodgson: Does anyone have any questions for Mr. Steele? Yes Karen? Karen Kwasny: Mr. Steele, do you feel as though the residents in Ashville Park by and large find this to be amenable to design? Rob Steele: Yes, based on the last couple of meetings and a lot of email correspondence we've had with majority of members, residents of Ashville Park,everyone seems to be amenable to this application. Jeff Hodgson: Are there any other questions?Thank you. Mr.Steele,thanks for coming down, Rob Steele: Sure. Phil Russo: Our next speaker is Brooks Sinnen. Brooks Sinnen: Good afternoon. My name is Brooks Sinnen. Thank you guys for hearing us today, and I will just piggyback on what Mr. Steele had to say. We are in full support of application number two with HomeFed. I will leave it at that. Item#2 HOFD Ashville Park, L.L.C. Page 3 Jeff Hodgson: Thank you. Are there any questions for Mr. Sinnen? Also,thank you for coming down today. Phil Russo: Our first speaker in opposition is Jessica Lindsey. Phil Russo: Hello. Jessica Lindsey: Hello. Good morning, my name is Jessica Lindsey and I am a resident of Heritage Park. I am here in opposition. Some of us have come, I think it was about a year ago when this first came to pass,and worked very well, I think,with Ashville Park in opposing just based on their original transition plan,which obviously, I'm sure all of you guys have seen.And that original transition plan, I've been in my house almost nine years, and that transition plan was something that we bought into long before Ashville was built. Heritage Park had started and we went in to build a home for our family, not just a house, a home. We want to live there for decades to come. So having said that,seeing that transition plan was very attractive to my husband and myself, much of the neighbors in Heritage Park,thinking this wonderful neighborhood and what a better plan. The Ashville Park plan,the original plan,was fantastic, and Ashville Park,the residents who built,there obviously agree. A lot of things have been approved and changed over time, and that is understandable to a point. I think from a Heritage Park perspective, really it has gotten to a point where,you know,as a resident,versus a builder, I know builders are obviously doing their jobs,and they are trying to build additional homes, and to make money,and different things like that. I absolutely understand that. From a resident standpoint, and living there for, you know, close to a decade,wanting things to stay the way they were originally,you know, proposed, there have been a lot of changes that, kind of affecting Ashville Park as well, not Heritage Park of course, but,from how we share the land there. And so our concern is that the increases,and I know this morning, and I was in the preplanning meeting, it was mentioned that it wasn't tremendous change but as a resident it really is tremendous because the lot sizes and when you go from 20,000 square feet to 13,000,you know, I know Mr. Bourdon said that,you know,different numbers about Heritage Park, but we were there already. And so people that were buying into Ashville Park already kind of knew what those numbers looked like. For those numbers behind us to change is kind of very different from what we had bought into. And so Village C is what affects our neighborhood there. I know some other folks are going to talk from Heritage Park, and there are a few people actually wanted to be here but could not, and I know they would be saying the same thing, but I think there is definitely some opposition there,and we would like to and before this goes through and gets approved, possibly have it deferred so we can all talk as a group and really make the Transition Area what it really should be and what is was planning to be long ago. Jeff Hodgson: Thank you. Jessica Lindsey: Are there any questions for me? Jeff Hodgeson: Are there any question for Ms. Lindsey. Thank you very much. Jessica Lindsey: Okay. I appreciate your time. Phil Russo: Our next speaker is Steven Stepnowski. Item#2 HOFD Ashville Park, L.L.C. Page 4 Steven Stepnowski: Hi. Jeff Hodgson: Good afternoon. Steven Stepnowski: Good afternoon. My name is Steven Stepnowski. I am a lifetime resident of the Hampton Roads area. I am a 30-year resident of Virginia Beach, and a nine year resident of Heritage Park. When I decided to move from the Shadowlawn out to Heritage Park, I looked at the plan that this Commission had put together for Heritage Park and Ashville Park. I based an investment of buying a piece of property on that plan. That plan for Ashville Park showed larger homes,at least comparable or larger than what is in Heritage Park, my neighborhood. A year ago,there were amendments and proffer changes that were proposed, and have been, I guess,side-barred up until this point. Looking at the changes, in the reduction of lot size,greatly affects the look of the neighborhood. I sat in this morning on the meeting to see what changes were made there, and what you all had kind of looked at. As our average lot size is what we were told just a little while ago were smaller.The average lot size is smaller. Our neighborhood is based on larger sizes and has a lot of open area. This new plan does not carry that in Ashville Park. Coming down here I would just like to voice my concerns about that. I know that due to some of the financial problems that the earlier developer had, maintenance wasn't done.Wetland areas were created because of that, due to the lack of work being done in the area and maintenance. Now that this area for Village D is really,will be very costly,Village D has been changed and our lots or Village C lots are now reduced. I heard Dr. White talking this morning there is not a really large change, but the significant change that the lots will be 4,000 feet smaller, 71 lots 4,500 smaller.That means that the homes are going to be closer together. The look of the neighborhood is going to change. Ten years ago,when I decided to move, I looked at that. My house, I'm on Rein Lane, 1809 Rein Lane. I back up to the west side of Village C. I look out my backyard, I see the woods and I expected to see homes comparable to what I have or better. That is what the plan was. Now, I'm going to be out there looking at 13,500 square foot lot with no green area between any of the homes. All the lots are backed up to one another. There is one small piece of green area in the center of that.That really is not what I bought into ten years ago,and not with this Planning Commission had planned. I hope you all consider the fact that there is a plan in place right now with 20,000 square foot lots,just like Village A. Village A sold very quickly in poor economic times. Please consider that in making this change. Jeff Hodgson: Thank you very much. Are there any questions for Mr. Stepnowski? Thank you. Phil Russo: Our next speaker is Rudy Bojo. Jeff Hodgson: Good afternoon. Rudy Bojo: Good afternoon Mr. Chairman. My name is Rudy Bojo. I am the resident of 7 %2 years at Heritage Park, and I am one of many homeowners who would be affected by the proposed changes to the density of Ashville Park. We oppose this, number one, to protect our property values, and number 2, to stop the continual request to change Ashville Park that negatively affects Heritage Park residents. We do not understand the need to change the current design, as my neighbor has spoken. No one is disagreeing with the original 2005 plan, so why change it? We moved here for larger lots with ample amount of open space, not for condensed housing with small yards and little open space. The proposed Village C design is much denser than neighboring lots in Heritage Park and on Flanagan Lane, which has far less usable open space. The average lot in Village C would be 25 percent smaller than the Item#2 HOFD Ashville Park, L.L.C. Page 5 neighboring lots in Heritage Park. Even smaller lots in Heritage Park open up to larger amounts to open space. The smallest Heritage Park lot bordering Village C is 20,000 square feet. The proposed Village C design stacks houses back to back as I said earlier, with little open space woven into the village. HOFD claims that the proposed design increases open space by 2 1/2 percent and this is primarily due to the newly created watershed. This depicts, appears to be, an increase in village density. We are told that HOFD wants the changes in design to reduce impact on the watershed, move homes away from the wildlife refuge, and move more of the neighborhood population closer to the amenity center. Village C and the neighboring Heritage Park did should not shoulder the burden of past building mistakes and design flaws. What is clear to us is that these proposed changes benefit HOFD but negatively impact local residents. In closing, I firmly oppose these changes. Thank you for your time. Jeff Hodgson: Are there any questions for Mr. Bojo? Thank you.You may be seated. Rudy Bojo: Thank you. Phil Russo: Mr. Chairman. That is all the speakers we have on this application. Jeff Hodgson: Mr. Bourdon? Eddie Bourdon: First of all, my client will be more than willing to go out and have a meeting between now and City Council with the residents of Heritage Park. Let me just dispel things that have been said. There is absolutely no increase in density within Ashville Park as a consequence of these changes that are before you today. There is absolutely no decrease in any size of any homes to be built in Ashville Park, nor the quality of any homes built at Ashville Park,and in fact,with the modifications that are included in the Manual that you all have, and that your staff has evaluated,there is a guarantee of the high quality of homes that will be built in these last three villages at Ashville Park that did not exist previously. The changes,that I have stated,are primarily for environmental sensitivity reasons, not one for disturbing non-tidal wetlands and to remove a number, 16 homes,from the eastern end of the property closest to Back Bay and the more environmentally sensitive area. The building footprint does not increase the impervious surface.The area does not increase with these changes whatsoever. And I will repeat what I said before, Heritage Park has 75 acres of open space, 276 homes,45 percent of its land is open space. The Ashville Park development has 247 acres of open space,three times the amount of open space in and around all of the community. And there is absolutely nothing that is occurring here that will have any negative values of anybody's home, be they in Ashville Park, or Heritage Park,or anywhere else in the Transition Area. I'll be happy to answer any questions. Jeff Hodgson: Are there any questions for Mr. Bourdon? Karen Kwasny: Mr. Bourdon, can you rearticulate again why the lots are moved from Village E to Village C, and the lots on Village E are enlarged? Eddie Bourdon: Yes.Village E previously had 16 additional lots.They were 12,000 square foot lots, all of them in Village E. We have shifted those lots from Village E to Village C because of infrastructure concerns,environmental concerns, and economics. Just simply having people in close proximity to the amenities that will be utilized throughout the life of this community. All that open space is enough for, I don't know,a golf course, and at least the produces some cash flow. Yet,all of this open space has to be Item#2 HOFD Ashville Park, L.L.C. Page 6 maintained by the owners;so,while the original plan,which can't be developed the way it was for the reasons I stated earlier, looks good on paper,the economic reality is that we have to have a vibrant community, and this will help ensure that vibrant community which is that way now and is because of HomeFed's coming in and picking up the pieces,so to speak. It is doing very well and will continue to do well. But that is the reason to,one of the reasons that, and what was stated earlier about avoiding the wetlands, is moving the development footprint from here. And this really did not expand the development footprint to any great degree at all. It was just in the same footprint and there is no reduction in the open space that is provided by Ashville Park to the adjacent properties on smaller lots in Heritage Park,where there is no open space external to their lot.Their lot lines go right to the shared boundary line of our property. Karen Kwansy: So 16 lots were moved from Village E to Village C? Eddie Bourdon: And five were moved from Village B at 7,200 square lots into Village C at 13,500 minimum square lots in Village C. Karen Kwasny: Why were they moved from Village B? Eddie Bourdon: One reason was to add more open space to Village B. Village B is a little, as everyone who has been out there is a little bit more cramped or crowded,so hopefully that makes It better for Village B to have more open space in Village B and to placed them in Village C and have the lots be essentially twice as large. Karen Kwasny: Okay. I have one more question. So, in terms of it meeting the Transition Area Guidelines, can you articulate that for me? Eddie Bourdon: We meet the Guidelines because we have more than 50 percent open space. We meet the Guidelines because the houses are very expensive houses, and we have added the fencing that the new Comprehensive Plan requires in terms of the open south fencing. So,there is certainly not anything in the Ashville Park plan that is not going to be good with the Comprehensive Plan. In fact, it is a "poster child"for what the Transition Area calls for, and this doesn't change that one bit. When we did,when I was involved with Heritage Park, Heritage Park was the first one out of the gate, and the staff opposed it, because it didn't' have 50 percent open space. The open space,they got over that hurdle, because of Equi-Kids, but Equi-Kids is a great amenity. It is a fantastic amenity. But it pays for itself. It is not a part of Heritage Park. It is something that everybody gets a view of. It is a pretty facility, but it is not a part of Heritage Park. Ashville Park doesn't have that ability to have somebody else pay for the open space, and we're adding to the open space, but we're making the open space that is in these villages,that has to be maintained weekly, more economical to maintain than the passive areas,the trail areas that are outside the villages themselves. Karen Kwasny: So you are agreeable to have discussions with the residents from Heritage Park? Eddie Bourdon: We are willing to meet with the folks of Heritage Park and attempt to, in part, better information with that. There is absolutely nothing that is occurring here,and you know as well as anybody, if HomeFed was thinking about doing anything that was going to diminish the value of the homes of Ashville Park,we'd have a whole of folks down here making that point loudly,and we don't. Item#2 HOFD Ashville Park, L.L.C. Page 7 Because that is clearly not is what is occurring here. But we are more than happy to go and speak with the folks at Heritage Park between now and city Council. Karen Kwasny: Okay. Thank you. Eddie Bourdon: Thank you. Jeff Hodgson: Are there any more questions for Mr. Bourdon? Thank you. We will now close the public hearing and open it up for discussion amongst the Commissioners. Mike Inman: Mr. Hodgson, I would say from what I heard there has been a tremendous amount of cooperation between the developer and a number of residents or representatives of Ashville Park to try and ensure that the integrity of the design is generally is upheld,that there is not a significant change, and that there is a reason for the change that we have been given. Especially with regards to the wetlands creation that was unintended and not created by the current developer. So, I understand the concerns of the neighboring property owners, but all in all, and from what I've seen, and the presentations we've seen and the documents that have been provided to us,there is a reasonable basis for the change,and it's not a significant modification. So, I would be in favor of approving the application. Jeff Hodgson: Is there anybody else? Karen Kwasny: Can I make a comment? Jeff Hodgson: Sure. Karen Kwasny: I think it is understandable that the neighboring community is not happy about the reduction in lot size,and the increase in density to Village C,which borders many of their properties. But I think that the 200 plus existing residences in Ashville Park have come to an agreement with the developers. I think the benefit to the application is that the large lots still border Heritage Park, and the lots that comprise Village E are now larger and address some environmental concerns on the edge of the property bordering Back Bay. I also know that in talking with the residents that a number of negotiated proffers were worked out with the developer, and there is a new kind of generation of trust developing between them, and I think that is a very good thing. And so perhaps this may be the last time we see HomeFed here for changes that would be nice, I'm sure,for all involved. And I think that the work they are doing together blends well. For this reason, I encourage further discussion, but for those reasons that I've put out, I recommend that we recommend approval of the Modification of Proffers. I would like to make a motion that we do so. Jeff Hodgson: A motion made by Commissioner Kwasny. Is there a second? Mike Inman: I'll second it. Jeff Hodgson: A second made by Commissioner Inman. Item#2 HOFD Ashville Park, L.L.C. Page 8 Stephen White: Mr. Chairman, does that motion include the two items that Mr. Bourdon spoke to about the additions to the Manual? Karen Kwasny: Yes. It includes those additions.The architectural guidelines. Stephen White: Okay. Thank you. Jeff Hodgson:Okay, I believe we are ready to vote. AYE 10 NAY 0 ABS 0 ABSENT 1 BROCKWELL AYE HODGSON AYE I N MAN AYE KWASNY AYE OLIVER AYE RIPLEY ABSENT RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission has approved the application of HOFD Ashville Park, L.L.C. Jeff Hodgson: Thank you. 1 s , , 5 i 1 , . ,. • ..,, ,I ,,,••,...,:::, .::Aisk.-1,.., . Nvjl.A4,_-.2,447,7 .., -, 41/4,—NS•' 4 )------- A- __,, dr'cr....=:-.., ,?=_ ,_.,.- , rskf, ..'-‘,4::r:— - sc.,.--, •."----,!----- - r -----. - - ,-•'. "6::. .-•,....T,,,,-,r1f.. ,.. 2..47, ._ :,...-..-.„2.0. ....ii.k.- . ..._...,..: ... .Ak..• „__.....,.„... ii.; . , ,,,,,, ... , . ".... , . ,.. .. , .4,.,'t- ..,'N 4;14.. .'---;,:, -4 ',• - ,, . ...,••,,,,—.-er..,1/4%...,-,,, . . ( ?. ', 1 'A',<HT -- ---f. 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C.c. 2 I. jE c oI. -- j = I-1 ' i ' ) - 0 1 C... 1 __ Td—15 / .� � , Z' � r . 7, t \ a o 0 • U C E V ` p r :: c I _ { u u 2 F O O O o './' t A 4 um 2.1., }is/J (yam a_ -,,,_ z_-, ,, ill c ' £ Fart c ° c , r r c t� �o 0 i[3' i f v _ o Cd *ar^ s : N io r 'x, �' - I.I V S_U : e , , .._ 47 aO 7r 9 VU ✓C fv' .fN 4 V 1 ma7 €3$ — ii 11,‘ks f „... Z%,„) $ ,,,,• N .7';'-'- - ---''..'''.- C." E E f 3a s40141A• EAc x• egiti< CITY OF VIRGINIA BEACH „ INTER OFFICE CORRESPONDENCE OF OUR IIIwo In Reply Refer To Our File No. DF-9247 DATE: June 7, 2018 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilsor6 DEPT: City Attorney RE: Conditional Zoning Application; HOFD Ashville Park, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on June 19, 2018. I have reviewed the subject proffer agreement, dated May 18, 2018 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 SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS HOFD ASHVILLE PARK, LLC, a Delaware limited liability company ASHVILLE PARK OWNERS ASSOCIATION, INC., a Virginia non-stock, non-profit corporation a/k/a ASHVILLE PARK HOMEOWNERS ASSOCIATION, INC. TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 18th day of May, 2018, by and between HOFD ASHVILLE PARK, L.L.C., a Delaware limited liability company, party of the first part, Grantor;ASHVILLE PARK OWNERS ASSOCIATION, INC., a Virginia non-stock, non-profit corporation, a/k/a ASHVILLE PARK HOMEOWNERS ASSOCIATION, INC., party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS,.the party of the first part is the owner of those two (2) parcels of land located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 269.336 acres, designated PARCELS "B" and "C" as described in Exhibit "A" attached hereto and incorporated herein by this reference which parcels together with Parcel "A" are referred to herein as the "Property"; and WHEREAS ,the party of the second part is the owner of that parcel of land located in the Princess Anne District of the City of Virginia Beach, Virginia containing approximately 19.906 acres, designated PARCEL "A" as described in Exhibit "A" attached hereto and incorporated herein by this reference, which parcel, together with Parcels "B" and "C" are referred to herein as the "Property"; and GPIN: 2413-47-3302-0000 (Parcel "A") 2413-47-6457-0000 (Parcel "B") 2413-55-8602-0000 (Parcel "C") 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 WHEREAS, the Grantors have requested Grantee to permit this modification of (a) the previously Proffered Covenants, Restrictions and Conditions dated March 1, 2005 and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 200505120072090 (hereinafter "2005 Proffers"); and (b) the First Amendment to Proffered Covenants, Restrictions and Conditions dated September 1, 2011 and recorded in the afore referenced Clerk's Office as Instrument Number 20120222000196130(hereinafter"2011 Proffers"),to reflect an amendment applicable to the land use plan on the property; and WHEREAS, it is the Grantors' intent to reaffirm all of the covenants, restrictions and conditions set forth in Proffers numbered 2, 4, 6, 8, 9, 10, 15, 16, 17, 20, 23, 26, 27, 28, 29, 31, 32, 34, 35 and 36 as set forth in the 2005 Proffers and Proffers numbered 11, 18 and 3o as set forth in the 2011 Proffers and to apply these reaffirmed Proffers to the Property; and WHEREAS, it is the Grantors' intent to modify the covenants, restrictions and conditions set forth in Proffers numbered 1, 3, 7, 12, 13, 14, 21, 22, 24, 25 and 33 as set forth in the 2005 Proffers and Proffer number 19 as set forth in the 2011 Proffers and to apply these modified Proffers to the Property; and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of 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' proposed modification of conditions to the zoning gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted,which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any 2 requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning,site plan, building permit, or subdivision approval, hereby makes the following amended declaration of conditions and restrictions which, along with the unchanged covenants, conditions and restrictions set forth in the 2005 and 2011 Proffers 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, grantees, and other successors in interest or title: 1. Proffer numbered 1 as set forth in the 2005 Proffers is deleted(as it pertains to the"Property")and the following covenant, restriction and condition is proffered in its place: 1. The Property, which includes all of Villages "C", "D" and "E", shall be developed substantially as shown on the Exhibit designated "Ashville Park" "Master Plan", dated May oi, 2018, prepared by LSG Landscape Architecture Inc., which is contained as page 1 of the 16 page "Ashville Park" development manual, a copy of which has been exhibited to the City Council and is on file with the Virginia Beach Planning Department (hereinafter, the "Master Plan" and "Manual"). 2. Proffer numbered 3 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 3. A second entrance to the Property shall be located at Flanagans Lane near the intersection of Flanagans Lane and Sandbridge Road and shall be substantially similar in design and quality to the exhibit entitled, "COMMUNITY ENTRANCES", "Flanagans Lane"dated 5/1/2015,prepared by LSG Landscape Architecture Inc., a copy of which is at page 5 of the Manual. 3. Proffer numbered 7 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 7. The internal streets within Villages "C", "D" and "E" as depicted on the Master Plan shall be designed and constructed in accordance with the exhibit entitled, "Typical Sections" dated 5/1/2015, prepared by LSG Landscape Architecture Inc., a copy of which is at page io of the Manual. 4. Proffered numbered 12 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 3 12. The total number of units developed in Village B shall not exceed 164. All such units in Village B shall be single-family detached dwellings. The minimum lot size, internal open space area, buffers and acreages for each Village shall be as set forth in the Master Plan. 5. Proffer numbered 13 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 13. Villages "A", "C", "D" and "E"shall be developed substantially as depicted on the Master Plan. The total number of units developed in Village "A" shall not exceed 135. The total number of units developed in Village "C" shall not exceed 116. The total number of units developed in Village "D" shall not exceed 44. The total number of units developed in Village "E" shall not exceed 40. All units shall be single family detached dwellings within these Villages. The minimum lot size, internal open space area,buffers and acreages for each Village shall be as set forth in the Master Plan. 6. Proffer numbered 14 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 14. Those portions of the linear parks that are created by easement upon a portion of a residential lot shall be maintained by the residential lot's owner. The cost reduction to the Association resulting from the elimination of this line item/expense will be immediately reflected in monthly homeowner assessments. All other park areas and open space areas shall be maintained by the home owners association. No structures shall be allowed within the parks other than uniform fencing, storm drainage improvements, other uniform decorative features and mailboxes. All sidewalks and trails located outside of the public rights of way and public easements shall be maintained by the home owners association. 7. Proffer numbered 19 as set forth in the 2011 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 19. The community amenities depicted on the Master Plan between Village "A" and Village "C"shall be substantially similar in quality, design, size and architectural character to the two (2) exhibits entitled "COMMUNITY AMENITIES" (1) Recreational Activity Center, and (2) Clubhouse Elevations dated 5/1/2015, prepared by LSG Landscape Architecture Inc, copies of which 4 are at pages 6 and 7 of the Manual. The Recreational Activity Center shall include a Clubhouse (minimum 3,400 square feet), Drop-off, Sun Deck, Swimming Pool (minimum 3,400 square feet), Lake, Pedestrian Trail connection, Children's Play Area, multipurpose court, and parking lot (35 spaces). The Community Amenities shall be constructed and a certificate of occupancy issued for the clubhouse and pool prior to the issuance of a certificate of occupancy for any residential dwelling in Village C, D or E. 8. Proffer numbered 21 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 21. No portion of the Property that was delineated as a jurisdictional wetland by the U.S. Army Corp of Engineers prior to the commencement of development of Ashville Park shall be disturbed unless otherwise required in order to implement the Ashville Park Drainage Improvements (Phase 1 of Alternative B). Any impacts to portions of the Property that have subsequently been designated as jurisdictional wetlands by the U.S.Army Corp of Engineers shall be allowed as permitted by State Department of Environmental Quality and the U.S. Army Corp of Engineers. 9. Proffer numbered 22 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 22. The combined areas set aside for recreation and open space within Ashville Park shall not be below 54% of the 452.8 gross acres which comprise Ashville Park as depicted on the Master Plan. The different types and acreages of open spaces provided shall be substantially as specified on the Master Plan. 10. Proffer numbered 24 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 24. Grantor shall construct a series of sidewalks and trails that are designed to provide pedestrian accessibility within each Village,and pedestrian and bike connections between each Village and to adjacent properties substantially as shown on the Master Plan and the exhibits entitled, "Village Plans"dated 05/01/2018, prepared by LSG Landscape Architecture Inc.copies of which are at pages 2 and 3 of the Manual. The path system within the Village Greens, the Parks and other open space areas shall be finished in hard surfaces 5 such as asphalt or compacted clay. While not all portions of the trail system within Ashville Park will be open to the public, a continuous trail system from Princess Anne Road to Flanagans Lane that will be open to the public either through easements over some of the trails on the Home Owners Association property, or the provision of sidewalks and trails within the public right of way section between Princess Anne Road and Flanagans Lane. ii. Proffer numbered 25 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 25. Grantor shall construct a Multipurpose/Equestrian Trail substantially as depicted on the Master Plan and the Village Plans Exhibits in the Manual. The Multipurpose/Equestrian Trail shall be approximately 8 feet in width, constructed of compacted earthen material, compacted clays or similar compacted material substantially in accordance with the "Typical Trail Section"as depicted on the exhibit entitled, "Typical Sections"at page io of the Manual. The Multipurpose/Equestrian Trail shall be open to the public. 12. Proffer numbered 33 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 33. The dimensional requirements applicable to residential development of the Villages in Ashville Park except Village "B" shall be as follows: (a) Village "A" i. Minimum Lot Area in Square Feet 20,000 ii. Minimum Lot Width in Feet 100 iii. Minimum Front Yard Setback in Feet 50 iv. Minimum Side Yard Setback in Feet 10 v. Minimum Side Yard Setback adjacent to a Street in Feet 30 vi. Minimum Rear Yard Setback in Feet 20 vii. Minimum Rear and Side Yard Setback for Accessory Structures no greater than 150 Square Feet 5 feet viii. Maximum Lot Coverage 30% ix. Minimum Setback from Sidewalk on Lots containing linear park (easement) 15' from edge of sidewalk x. Maximum building height in feet 42 6 (b) Village "C: i. Minimum Lot Area 45 Lots in Square Feet 18,000 ii. Minimum Lot Area 71 Lots in Square Feet 13,500 iii. Minimum Lot Width in Feet 90 iv. Minimum Front Yard Setbacks in Feet 30 v. Minimum Side Yard Setback in Feet 10 vi. Minimum Side Yard Setback adjacent to a Street in Feet 20 vii. Minimum Rear Yard Setback in Feet 20 viii. Minimum Rear and Side Yard Setbacks for an Accessory Structure no greater than 150 square feet 5 feet ix. Maximum Lot Coverage 35% x. Minimum Setback from Sidewalk on Lots containing linear parks (easement) 15'from edge of sidewalk xi. Maximum building height in feet (not to exceed 2 stories) 40 (c) Village "D" i. Minimum Lot Area in Square Feet 12,000 ii. Minimum Lot Width in Feet 8o iii. Minimum Front Yard Setbacks in Feet 25 iv. Minimum Side Yard Setback in Feet 5 and io v. Minimum Side Yard Setback adjacent to a Street in Feet 20 vi. Minimum Rear Yard Setback in Feet 20 vii. Minimum Rear and Side Yard Setbacks for an Accessory Structure no greater than 150 square feet 5 feet viii. Maximum Lot Coverage 40% ix. Minimum Setback from Sidewalk on Lots containing linear parks (easement) 15'from edge of sidewalk ix. Maximum building height in feet (not to exceed 2 stories) 40 (d) Village "E" i. Minimum Lot Area in Square Feet 20,000 ii. Minimum Lot Width in Feet 100 iii. Minimum Front Yard Setbacks in Feet 40 iv. Minimum Side Yard Setback in Feet io v. Minimum Side Yard Setback adjacent to a Street in Feet 30 vi. Minimum Rear Yard Setback in Feet 20 vii. Minimum Rear and Side Yard Setbacks for an Accessory Structure no greater than 150 square feet 5 feet viii. Maximum Lot Coverage 3o% 7 ix. Minimum Setback from Sidewalk on Lots containing linear parks (easement) 15'from edge of sidewalk x. Maximum building height in feet (not to exceed 2 stories) 42 13. Except as expressly modified by the replacement of the twelve(12)new Proffers set forth herein, the remaining twenty-four (24) proffered covenants, restrictions and conditions as set forth in the 2005 Proffers as previously modified in the 2011 Proffers are hereby ratified, affirmed and applicable to the Property. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 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; 8 (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 names of the Grantors and the Grantee. 9 WITNESS the following signature and seal: Grantor: Ashville Park Owners Association, Inc., a Virginia non- stock, non-profit corporation a/k/a Ashville Park Homeowners Association, Inc. By: `--' 7/-- / (SEAL) Christian Foulger, P sid( STATE OF ( ,L i / CITY/COUNTY OF ,,►',Q — to-wit: The foregoing instrument was acknowledged before me thiso2S---day of May, 2018, by Christian Foulger, President of Ashville Park Owners Association, Inc., a Virginia non- stock, non-profit corporation, a/k/a Ashville Park Homeowners Association, Inc., Grantor. ki,41fiC764( J AI Notary Publ Commission Expires: Notary Registration Number: mt TRISTAN MANOFF ribmalaill64161116111"."."1611161....'"'"• NotaryPublic-California z ` San Diego County F. Commission,22I707g My Comm.Expires Nov 2,2021 11 WITNESS the following signature and seal: Grantor: HOFD Ashville Park, LLC, a Delaware limited liability company By: HomeFed Corporation, a Delaware Corporation, Its Manager By: —,' / (SEAL) Christian Foulger, P, idem STATE OF 2&/t h_ • CITY/COUNTY OF S, -2)1," , to-wit: The foregoing instrument was acknowledged before me this c: .----day of May, 2018, by Christian Foulger, President of HomeFed Corporation, a Delaware Corporation, Manager of HOFD Ashville Park, LLC, a Delaware limited liability company, Grantor. k, /..l,,, „ ,ak. i t re Notary Publi f My Commission Expires: Notary Registration Number: "v."'.y TRISTAN MANOFF S. Notary Public-California 3 San Diego County `y Commission t 2217078 _., My Comm.Expires Nov 2,2021 10 EXHIBIT "A" PARCEL A That certain piece or parcel of land, belonging, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "RESIDUAL PARCEL A-6-A-1, 19.906 AC." as shown on that certain plat entitled, "SUBDIVISION OF RESIDUAL PARCEL A-6-A AT ASHVILLE PARK, VIRGINIA BEACH, VIRGINIA", dated March 20, 2014, made by MSA, P.C. and recorded as Instrument Number 20140530000476070. GPIN: 2413-47-3302-0000 PARCEL B That certain piece or parcel of land,belonging, situate,lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "RESIDUAL PARCEL A-6-A-2, 114.384 AC."as shown on that certain plat entitled, "SUBDIVISION OF RESIDUAL PARCEL A-6-A AT ASHVILLE PARK, VIRGINIA BEACH, VIRGINIA", dated March 20, 2014, made by MSA, P.C. and recorded as Instrument Number 20140530000476070. GPIN: 2413-47-6457-0000 PARCEL C That certain piece or parcel of land, belonging, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "RESIDUAL PARCEL A-7-A-3", 135.046 acres as shown on that certain plat entitled, "SUBDIVISION OF RANIER VILLAGE, PHASE 2A AT ASHVILLE PARK,VIRGINIA BEACH, VIRGINIA", dated July 2, 2014, made by MSA, P.C. and recorded as Instrument Number 20141015000977470. GPIN: 2413-55-8602-0000 H:\AM\Mod of Proffers\HOFD Ash\ille Park\2018\2nd Amendment to Proffers final 5-23-2018.docx 12 AL-t----2t icef 1-..1 Y O it `���-..4.--____ � -cl i s ``' 0 `ma.... y: .,,,, O ir-- -- 01� =: 6�' _ C a t ,fi t'' Ne— a.. .. 1141 , s1 1 i a _ , m I ` J ' I.ii .1/4,,,. Ior%t ,-4 ,fri -,1 i 0 • 4( 1 , a Ig) "N:.''' Ill (}fp ' 1113 �w.._tergi: Or .57------01.." - ._ ". ms ---J, oi f IX ,.\\'''''\":. \\ I III S• � P V' r ge- (.II 4ii. -.lige' :Wwilili-w--...inei.'' — i W A..0 Q 1y 1 it iiii 1 (-1, 1161. im- roil \ 0 . v ci wiik %goo \ lig ' 'ec. 10 !Al . s:1 IL , Ni. . . ,,,,,*It Ni oh 8 iti \as ao Re.- .0.1*--41 ilikatil V isipjat::1100.0 1, iris • * 'x'41 y ,1 iti o \ • te7.1 '_fir 1, ...... a...,.tc,----------7-77----;7-- 0 ice, _�--- Iti = _ _ fr N I 4 0. { fes`. 1,c54', CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH [Applicant & Property Owner] Modification of Conditions (Borrow Pit - Fill) for the property located at 560 Oceana Boulevard (GPIN 2416288528), COUNCIL DISTRICT — BEACH. MEETING DATE: June 19, 2018 • Background: In 1985, a Conditional Use Permit was approved by the City Council that permitted the use of the site as a borrow pit known as Lilley Pit/Baillio Sand Pit. An expansion to the borrow pit was approved in 2001 , and over time the borrow pit has converted into a lake. In 2017, the City of Virginia Beach purchased the parcel, which totaled 19.50 acres. The City is now pursuing a Modification to the Conditional Use Permit in order to fill the former borrow pit with material from stormwater and navigation dredging programs. The material will be tested for contaminants, as required by applicable laws and regulations, prior to disposal on the site. • Considerations: There is a predominance of light industrial activities in the vicinity of this site due to its close proximity to NAS Oceana, and as the property is within both the greater than 75 noise zone and the Accident Potential Zone 2. Public Works/Traffic Engineering Staff indicate that Oceana Boulevard has adequate capacity to accommodate the expected number of truck trips as well as the ability to handle the weight of the trucks. There were three speakers in opposition at the Planning Commission's public hearing. The speakers noted concerns related to the noise associated with the filling of the pit and the potential for well water contamination. After deliberation, the Planning Commission voted 6-3 to recommend approval to the City Council. Under separate cover, the Department of Public Works has provided the City Council with operational details of the pit, as well as with information on dredge material testing. In addition, Staff recommends a new Condition 8 below, depicted in underlined text, that will require the Department of Public Works to perform annual water quality testing of the three wells in the vicinity of the pit. Further details pertaining to the request, as well as Staff's evaluation of the application, are provided in the attached Staff report. The City of Virginia Beach Page 2 of 2 • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval by a vote of 6-3. 1. No filling of the borrow pit shall be permitted without first obtaining all necessary permits from Federal, State, and Local agencies required. 2. A fill plan shall be prepared that addresses all Federal, State, and Local agency requirements. 3. The existing vegetated buffer along Oceana Boulevard and along the southern property line shall be maintained. 4. Access to the site and filling of the pit shall be consistent with the submitted plan entitled, "BAILLIO SAND PIT EXHIBIT 1 FOR CITY OF VIRGINIA BEACH," by Waterway Surveys & Engineering, Ltd., dated March 12, 2018. 5. Only inert, non-hazardous, non-toxic materials shall be deposited on the site, and shall not include wood, asphalt, concrete, or other construction debris. 6. Dust control measures shall be implemented. 7. Typical operating hours shall be 7:00 a.m. to 7:00 p.m., Monday through Saturday, unless emergency hours are authorized by the City Manager. 8. The Department of Public Works shall develop a water quality testing program for the three adjacent residential properties that use well water as their potable drinking water source. As part of this program, a base line water quality test shall be conducted prior to any fill entering the pit, and annual water quality testing for all constituents of concern shall be conducted thereafter. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicant & Property Owner City of Virginia Beach Agenda Item Public Hearing May 9, 2018 /-- City Council Election District Beach 7 City of Virginia Beach Request "`," AP:' Ilermi164;... do- /`t.-- Modification of Conditions(Borrow Pit - Fill) Staff Recommendation tea..,•„• Approval f rF Staff Planner Q Robert Davis °aFfD" s :::* et Location 1. ,,,,,..o«0 s .* 560 Oceana Boulevard GPIN •ti 2416288528 Site Size _ t 19.5 acres AIVI \ AICUZ Greater than 75 dB DNL; APZ 2 Watershed Chesapeake Bay Existing Land Use and Zoning District Inactive borrow pit (lake)/ I-1 Light Industrial :i - c: k , ,} - ).;,:ell'' Surrounding Land Uses and Zoning Districts '' 1 • North N Y . r ' fS 40. Inactive borrow pit (lake)/ 1-1 Light Industrial ' - . South `` — Single-family and duplex dwellings, warehouse / R-5D Residential, I-1 Light Industrial �.= ` °.j.. g East �' Mini-warehouse, industrial /I-1 Light Industrial ' i\ , ter. West0. ,.,, • Oceana Boulevard t ,>„'' 4"i°` NAS Oceana/ 1-2 Heavy Industrial City of Virginia Beach Agenda Item 7 Page 1 Background and Summary of Proposal • In 1985, a Conditional Use Permit was granted by the City Council that permitted the use of the site as an 11- acre borrow pit known as Lilley Pit/Baillio Sand Pit. An expansion to the borrow pit was approved in 2001 which brought the total size of the pit to 16.59 acres. Over time the borrow pit has been converted to a lake. • The City purchased the 19.5 acre parcel containing the borrow pit in 2017 and is now requesting a Modification of Conditions to allow the filling of the borrow pit with materials from public dredging operations, specifically from navigation channels and stormwater facilities. Dredged material will be tested for contaminants of concern prior to disposal in the fill area as required by applicable laws and regulations. Construction debris and yard waste will not be permitted to be used as fill material. • Proposed typical hours of operation are from 7:00 a.m. to 7:00 p.m., Monday through Saturday. • The City Zoning Ordinance requires a 100-foot setback from the edge of the excavated area to all exterior property lines. In 1985, a variance from the Board of Zoning Appeals (BZA) was granted allowing a five-foot setback on the north side of the property instead of the 100 feet as required. In 2002, the relief afforded to the applicant in 1985 was reaffirmed after their request for a zero-foot setback was modified by the BZA back to the five-foot setback that was previously granted. That relief is still in effect. • As with the previous excavation operations on the site,the two existing ingress/egress points located along Oceana Boulevard will be used for access. The northern entrance is served with existing left and right turn lanes from Oceana Boulevard. In addition to serving the borrow pit, the southern ingress/egress point is also used as a driveway to the adjacent single-family dwelling. • An existing six-foot berm with a row of evergreen trees and wax myrtle shrubs is located along Oceana Boulevard and an existing row of mature trees is located between the borrow pit and the adjacent single-family dwellings. • The entire property lies within the Greater than 75 dB DNL noise zone and approximately one-third of the property is located in Accident Potential Zone 2. City of Virginia Beach Agenda Item 7 Page 2 R-2.5 Zoning History yQ # Request 3AG-17t:4 1 CUP(Borrow Pit Expansion)Approved 08/25/2001 R1147,3MOD Approved 3-20-89 r I-1 1 �� �+�3 CUP(Borrow Pit)Approved 10-14-85 1.a4=a ty � 14,14-411 2 CRZ(B-1 Business District&AG-1 Agricultural District to /� / , i` I-1 Industrial District)Approved 11-10-98 1-2 11111011%_;.F"d° 1y CUP(Animal Hospital)Approved 5-27-97 ���� �j� ii CRZ(I-1 Industrial District to AG-1 Agricultural District& , ��►„,' cond.B-1 Business District)Approved 5-27-97 - rer�rrr- 'AiLG R-10 3 CUP(Landfill)Approved 12-4-86 CUP(Landfill)Approved 5-12-86 CUP(Landfill)Approved 1-18-82 \P-t Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—FloodplainVariance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The proposed request for a Modification of Conditions to fill the existing borrow pit with public dredge material is, in Staff's opinion, acceptable given the predominance of light industrial type activities in close proximity and the site's location within the Greater than 75 noise zone and APZ-2. Although a nonconforming single-family dwelling is located adjacent to the site, conditions have been recommended to ensure proper installation and maintenance of a landscape buffer that will assist in screening the operation. In addition, the proposal is in conformance with the Comprehensive Plan's policies for this area in regards to established landscape screening buffers between existing residential areas and non-residential uses to mitigate adverse visual and noise impacts. Furthermore, the previous excavation activity on this site has demonstrated that Oceana Boulevard has adequate capacity to accommodate the number of trips and the weight of the trucks associated with this type of filling operation. Staff recommends approval of this request with the conditions below. Recommended Conditions 1. No filling of the borrow pit shall be permitted without first obtaining all necessary permits from Federal, State, and Local agencies required. 2. A fill plan shall be prepared that addresses all Federal, State, and Local agency requirements. 3. The existing vegetated buffer along Oceana Boulevard and along the southern property line shall be maintained. 4. Access to the site and filling of the pit shall be consistent with the submitted plan entitled, "BAILLIO SAND PIT EXHIBIT 1 FOR CITY OF VIRGINIA BEACH," by Waterway Surveys & Engineering, Ltd., dated March 12, 2018. 5. Only inert, non-hazardous, non-toxic materials shall be deposited on the site, and shall not include wood, asphalt, concrete, or other construction debris. 6. Dust control measures shall be implemented. City of Virginia Beach Agenda Item 7 Page 3 7. Typical operating hours shall be 7:00 a.m.to 7:00 p.m., Monday through Saturday, unless emergency hours are authorized by the City Manager. 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 Departmentfor 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 recognizes this area as being within the Special Economic Growth (SEGA) Area 1—East Oceana Area. As one of the City's Planning Areas, it overlays a portion of the Historic Seatack Suburban Focus Area (SFA) 9; therefore, sensitivity to the neighborhood context and needs of that community are very important considerations in realizing compatible land uses. Natural and Cultural Resources Impacts This site is located within the Chesapeake Bay watershed. This site has served as a borrow pit since 1985. After completion of the excavation activities in 2016, the borrow pit has filled in with water and is now a lake. There do not appear to be any significant cultural features on the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Oceana Boulevard 32,894 ADT 1 32,500 ADT 1(LOS°"C") Existing Land Use 2-unknown 34,900 ADT'(LOS 4"D") Proposed Land Use 3-unknown 1 Average Da i ly Tri ps 2 as defined by sand mining 3 as defined by dredged material 4LOS=Level of Service facility-19.5 acres disposal facility-19.5 acres City of Virginia Beach Agenda Item 7 Page 4 Site Layout 0 �� - ■ { t -« § w m \ a( i i LL- ƒ� I- m v z $ 0_\ § § \i <k j Ci = g,5, 20---1\ t- 7.0- Q 2 f - - •- r0- — 1 0 • O X \\ � W 0 § o . .„( 1 *® t \ | \ �¥ '- o U 2 \ in% ., 1 2 g G 2 \ IN r.i 0 to 1 -.0., ~% \ ` f k 1 1 § { £ 4 zy § \ \--J.-A \ hh (k ��\ k P.~ § .t�\ el g s ■ z z- E ( ..:\1—z"". N. m — 06 § ( ��( o $ ± / \ . .T\ D \ , \% \ \\ �� R \$ — ƒ\t et.41.\2 \ d t% �\ ,* el %...... )n& + j �§, : K[�& L>UH[ § I D * \ ; eg � ¥h � 1: ° &§§ z , @a ~ _ _ 510.2 WO ) .� �f R� \ \\ c\\ 3 ® v® § Z� City of Virginia Beach Agenda Je m 7 Page 5 Site Photos t. 411)01.... #d . r y Y 4 3 . _yam 44.', 'i t a .;i, 5•, y - r, - . _..— j -• _ .). 4. - a 17 .q • t ., ._; City of Virginia Beach Agenda Item 7 Page 6 Disclosure Statement Nfi3 APPLICANT'S NAME City of Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City 1 Modification of by City Property I Conditions or Proffers Alternative j Economic Development Compliance,Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request j Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) I Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board ht disclosures e(rntained in this form ifs` nettSVITY to tniofni nu lic officials who rn.rq vute Can the application as to whether tflr_>y% tt ‘e a co ;fhct ca' interest Linder Virginia la gib. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/. ci, rI.r , a ...... 0 v. tr a a Page 1 of 7 Pl aa�ric C:�rre;iys[r,.r I Cit _t-n_'n ecnr- 'tat,7er'ain_, hF a li; ar«5i. • APPLICANT NOTIFIED Of HEARING ❑ NO CHANGES AS 01 I it// C Robert A.Davis D [ E �'REVISIONS SUBMITTED City of Virginia Beach Agenda Item 7 Page 7 Disclosure Statement N/B.„. Virginia Beath El 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.City of Virginia Beach 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) Mark A. Johnson (Authorized by City Manager) (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list If necessary) See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n 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: If an LLC, list the member's names: Page 2 of 7 City of Virginia Beach Agenda Item 7 Page 8 Disclosure Statement 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 223101 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 SEPERATEL Y Page 3 of 7 City of Virginia Beach Agenda Item 7 Page 9 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) Li Accounting and/or preparer of In House 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 TBD Engineers/Surveyors/Agents Waterway Surveys&Engineering,Ltd Financing(include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 0 Legal Services In House Real Estate Brokers / In House ❑ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 City of Virginia Beach Agenda Item 7 Page 10 Disclosure Statement 1//3 Virginia Beach !.CERTIFICATION: {I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. y 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 �% d. ,, - ---- ii,over, / . .�X50L 3/ f fr APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 City of Virginia Beach Agenda Item 7 Page 11 Item#7 City of Virginia Beach Modification of Conditions (Borrow Pit—Fill) 560 Oceana Boulevard District- Beach May 9, 2018 APPROVED Pam Sandloop: The next order of business is an application of the City of Virginia Beach for a Modification of conditions on Borrow Pit — Fill on property located at 560 Oceana Boulevard in the Beach District. Mr. Thornton: Welcome Mr. Adams. Dan Adams: Good morning Mr. Commissioner and the members of the Commission, good afternoon as it may be. My name is Daniel Adams; I am with Department of Public Works. I am the City's coastal program manager, I am representing the Department on this application to modify the permit conditions to allow for reclamation of the former borrow pit. Public Works desires to transition the site into a dredge material management area to allow for the disposal of dredged material from city navigation dredging projects and from stormwater management dredging projects. All the material would be inert nonhazardous and nontoxic material. The material is not suited to go to the general landfill because of the water content and the consistency of the material. It's better suited to go into a wet facility for consolidation and management and therefore, we don't want to mix it with other general construction debris. So it will only be for use from navigation dredging and stormwater management projects. The Department does accept all the conditions staff has proposed in the application and is available to answer any questions or concerns you have. Page 1 Mr. Thornton: Questions for Mr. Adams. Don? Mr. Horsley: Could you tell me if you didn't have facilities like this, what do you do with this spoil? Dan Adams: These facilities are very well suited. We would have to find a land area and dry it in the open land. It would require a much large footprint which probably have more compatibility issues and have to take it to a land fill, a private or city land fill. They would have to designate a very large area for drying, setup a containment berm and dewater it and handle it before they would be able to use it for daily cover at the land fill. Mr. Horsley: So this is the by far the best scenario? Dan Adams: Yes, we have a similar operation ongoing just up the road at the old Whitehurst Borrow Pit on Oceana Boulevard across from the Oceana radar dome towers, so this is very similar. This is actually a better suited site, because it's not connected to state waters, there is no defined outfall, there is no dewatering, and no discharge concerns downstream. Thank you. Mr. Thornton: David Weiner? Mr. Weiner: Mr. Adams, correct me if I am wrong, you are going to be testing or have done testing on the material to make sure that it is not contaminated or anything like that? Dan Adams: We do testing of the material of all the dredging projects for all contaminants of concern. And of all the tests we have done, they all passed, they are just general background contaminants that you find in general fill in your backyard or anywhere else. There are no point sources of pollution in the Lynnhaven that have contaminated the dredge material in the Lynnhaven and there are no sources of point sources of contamination for the stormwater Page 2 material. It's the runoff that comes from our yards, our business and our streets, but we did test it and like we say, we have seen nothing more than just background concentration, nothing over any acceptable limits. Mr. Horsley: Great, thank you. Mr. Thornton: Do you have a timeline, I mean, we are now into two or three years of dredging the Lynnhaven in various projects and that, in my opinion, is one of the best things the city has done. We have got miles and miles of waterfront and it's virtually impossible for private people to get dredging permits, I mean, so now the City is doing it and I am all in favor of that. How long will this facility be able to be used or do you anticipate a timeline? Dan Adams: It's going to be long term, probably 10-20 years before we reach surface elevation and are ready to grade and close the site completely. The Oceana Facility, we expected that we were going to get little bit longer life out of that, but it's filling up quickly, more quickly than we anticipated. One of the reasons for that is the additional material we were receiving from the stormwater dredging program. That is really ramped up recently, so we are generating a lot of fill, we have got several different projects and contractors using that facility. It's very busy and crowded and we do need some relief, so that we can spread out some of the traffic that is occurring on that site and utilize this one. Mr. Thornton: Thank you. Any other questions? Thank you. sir. Stand by; we will let you have a rebuttal. There are people to speak against. Pam Sandloop: Mr. Chairman there are four speakers in opposition. Buddy Lilley, thank you; if you would approach the podium and state your name for the record? Page 3 Buddy Lilley: Thank you very much for your time. My name is Buddy Lilley. I was the original owner up until last year up there that we are talking about. The City ended up buying this pit against my will. I didn't wish to sell this pit, but circumstances were, I had no choice. My big concern here is I want to thank the engineering folks, they have been really great this morning to go over things with me, but we have some egress and ingress problems coming and going. I had some questions on setbacks which they are looking at. We had some questions on drainage in case we get a lot of water, because we have had flooding before in the rear of this lake which would be toward the Birdneck Road area. Our neighbor, Mr. Shawn Foresight, who owns property there was not notified that this pit would be filled right up to his large property line. He owns the Birdneck Storage right on Birdneck; right past the golf course, well what's left of the golf course thank you, going south. He was not notified. If you are aware, there is going to be a nice new battery factory put on the golf course. I don't know if this gentleman was notified, at least officially, we have tried to let him know. Otherwise he is going to be building up next to a dump. Now I shouldn't use that term because they have gone overboard to explain how they are going to do this. So I will ask a couple of quick questions and not take too much of your time. One, do you believe that it's going to be clean stuff coming out of a BMP? Do you believe that all the water channels in Lynnhaven are clean? Do you believe that they are going to be like trucks carrying this muddy stuff coming from Lynnhaven to my house at 566? Is that going to be a problem on your streets? A few things we can take into account. Also, I am very concerned with my neighbors over on Credle Road and Bells Road. There will be some folks here to speak. They have been very good neighbors, and like myself; they have lived there for eons. I have been there since I was 3 years old, 1950. I am old. I see you smiled. I am old, so that is my home, I farmed it, I shot birds on it, I drank beer on it, a lot of beer, but it is a beautiful lake. I don't want Page 4 to see it go to this. The City built this lake, if you are not aware of that, 1985-86. I let the City have the mineral rights for Beach replenishment. Is anybody old enough to remember that? Okay. The City had a contract they let it run out and left a large amount of sand in there which we know that Baillio Sand Company came in there, removed the rest of the sand, or was in a process of removing it when the City shut us down. For the record, those who know Mr. Baillio, he passed away last night. Don't know what it was all about, but I am concerned for my neighbors last but not least. The City, when they took this property, got over 150,000 yards of prime beach sand which Croatan could use. Now they say you cannot truck it there. You trucked sand out of my pit for two years. You have trucked sand all the way from Bonnie Bright's, so if I have got to give up this pit, it's going to be like it is. At least take sand out and try to help Croatan. Thank you so much. Ms. Thornton: Anymore questions? Jeff? Mr. Hodgson: Do you know what the average depth of the lake is? Buddy Lilley: Twenty-seven feet, depending on the rains. They have done an engineering study on it. Supposedly, the guys were in there to get full depth of it. I am sure that Mr. Adams can give you all that information sir. Mr. Hodgson: Thank you. Mr. Thornton: Dave? Mr. Redmond: You still live close to the pit area? Buddy Lilley: Yes sir, there are three of us still living there who are on well water. Yes sir, that is the lake right there, my house is there, Ms. Braithwaite's house is there, Mr. Hutchinson's Page 5 house is there. And if you notice Credle Road comes right up to the line there. Bells Road is right over here and all those springs are all connected. Mr. Thornton: How do you get to your house? What is your access? Buddy Lilley: I come in off Oceana Boulevard at 566. This would be me right along here. Mr. Thornton: Your lane runs behind the houses there? Buddy Lilley: Between the lake and Credle, yes sir. Mr. Thornton: Thank you. Any other questions for Mr. Lilley? No more, thank you sir. Buddy Lilley: Thank you for your time. Mr. Thornton: You are more than welcome. Pam Sandloop: Next speaker is Everette Brown. You can please state your name for the record. Everette Brown: Mr. Chairman and Commissioners, my name is Everette Brown and I live on Bells Road. I am very much opposed to the filling of this lake with this dredge material. You know I have been in construction most of my life and I have worked in the farming industry. Mr. Horsley met me the other day, so certainly is nice seeing you again as well. The material that has been going in this way, in this lake, I have really do not believe that we are going to have good clean fill, certainly not sand. It's going to go back in this lake and I'm certainly concerned about the wells in the area. My family, I have most of my family still living right down in Bells Road and have been since the early 1960s. They still maintain wells. There are a lot of wells still on Bells Road. They may not use it for drinking water, but they certainly use it to water the gardens and water the lawns and some people still like their wells. Originally, when this property was purchased, there was a lot of talk that this property was being purchased because of the Page 6 Southeastern Expressway, which has been an on again and off again project for many, many years. So I am very disturbed by the pretense that this property was purchased and then when we oppose the purchase of the property, we were told that it would be years and years and years before the City would ever do anything. Well, it has been a year and we are already there and which we knew was coming. The amount of traffic that is on Bells Road and Oceana Boulevard is really horrific, you know. If there is an accident on the northern portion from Bells Road, North Oceana Boulevard shuts down and all that traffic gets diverted down Bells Road right through the residential neighborhood. The speed limit on Bells Road is 35 miles an hour, it shouldn't be, it should be 25. It's a neighborhood, and people, when folks get on Bells Road, it's like a launch pad and they fly from one end to the other. Having more trucks, more City trucks, more dump trucks, especially hauling debris that has come from this dredging project, is going to be odorous and I certainly don't want to see it. Last thing that I have to say here is Mr. Redmond spoke, or maybe it was Mr. Frankenfield spoke, about that there was an expectation on the last thing that you all just listened to, of peaceful enjoyment of one's property. This property, the folks in this area already deal with the jets from Oceana and they already deal with the fire station on Birdneck Road. They deal with all the traffic from the base, and not just Oceana but Dam Neck. It's a cut through, anyway you look at it and I don't think burdening the people of this area with one more project is really conducive to good government. It's really unfair for the folks that live in this area to have to undergo these sorts of burdens. The folks that live just on the other side of this, which recently was made a part of the Seatack historic community, borders this property as well. And so you are all very concerned about that recently when there was a project proposed on Bells Road and I would hope that you would give this equal consideration. I certainly appreciate your time. Page 7 Mr. Thornton: Any questions for the speaker? Thank you. Pam Sandloop: Milton Martin. Can you please state your name for the record? Michael Kelly: Mr. Chairman, ladies and gentleman, I am actually Michael Kelly. I am the next speaker and I am speaking for Milton Martin as well. Thanks very much. This is actually a conditional objection, I am the Vice-President for the Croatan Civic League and when we heard that there was a potential for sand could be available for the Croatan public beach, we of course are very anxious about that and that's simply a question of we don't know if there is sufficiency or cost effectiveness in utilizing that sand for Croatan Public Beach. So the question becomes; is there value there in maintaining that for use in the future? So that's our concern here is we hate to see a valuable commodity in our eyes, contaminated or at least being made unavailable in the timeframe, that's all I have to say about it. Mr. Thornton: Any questions? Thank you, sir. Mr. Adams, time for a rebuttal if you would care to? Dan Adams: I can start with Mr. Lilley's comments. My understanding is that there was a sales agreement reached. The property was not condemned. He didn't say it was, but I didn't want anyone to feel like there was a condemnation action. It was a willing seller. The material is clean. It's soil. It's as clean as soil can be in that it's free of contaminates and hazardous materials, but you know it is liquid dredge material. The nature of the activity; it's we feel like it is similar to the truck and hauling activity that occurred when the private operator was utilizing the facility for the borrow pit and sand mining operation. There are two water lines. There is City water available on Bells Road and on Credle Road to the neighborhood. There are three residents that are on wells, Mr. Lilley, Mrs. Braithwaite, and I believe Mr. Hutchinson. They are on wells. The Page 8 recharge of the lake is from the surface water aquifer. Beneath that there is a confining layer and then there is the Yorktown Eastover aquifer which your wells are drawing water from. So there will be no contaminated material placed in the lake. But if there was a large amount of contaminated material, it's not likely that it would transmit from the surface aquifer down to the drinking well aquifer. Mr. Kelly's comments that this project will preclude our ability to re- nourish Croatan Beach, there are commercially available sources of sand. Our intention for the Croatan Beach project is a sand haul from a commercial sand pit. There is, we believe, some sand leftover in the Lilley pit, but we are no longer operating that and intend to operate that as a sand mining operation. The way that was operated, it was somewhat unique. It wasn't dewatered, mined, and dried like a lot of sand pits. They hydraulically mined the material. Whether or not it's cost effective for Croatan we would have to consider that the bulk of the cost is in hauling the sand and in extraction. Not so much the value of the material itself. But for us to explore this, we would have to do some extensive and expensive geotechnical work to determine the available amount of material. We would have to reconstitute the permit with the State to operate the borrow pit as a mining operation that's been closed. We have to find a contractor or purchase as a hydraulic dredge just to extract an amount of material for a single project. We don't believe that's cost effective at all to delay using this for a dredge material management area for Croatan. There are other commercially available sand sources for that. Mr. Thornton: Any questions for Mr. Adams? Jack? Mr. Wall: What kind of, is there permitting involved that the City has to go through with the State for this type of operation? Dan Adams: There are for any activity like this, there are environmental permits to be cleared. We are getting jurisdictional determinations from the permitting agencies. The local wetlands Page 9 board has replied back, there are no jurisdictional issues, no permit required and we have heard from, I believe, DEQ. We are waiting on DEQ and their feedback from the Corps. We have been told that they are going to issue a letter of no permit required. The reason is, it's not connected to state waters which is why this is such an ideal location for dredge material disposal. The Whitehurst pit down the road was connected to state waters, so we had were issued two permits; one for impacts to fringe wetlands from the Corps and then the DEQ permit was for water quality. We are doing extensive water quality monitoring at that site because the water does discharge and drain out into the Linkhorn. But this is going to be a contained site, when we fill up over time; material is going to settle down to the bottom over time, it is going to cover the bottom. It's going to reduce the amount of recharge. The water surface elevation will actually be lower, so we are not proposing any dewatering and there are no environmental issues. Mr. Thornton: I have got a couple of questions, the water that's in that lake now is coming from the ground and rain, the combination of the two? Dan Adams: It's spring fed. There is very little surface area that is directed to the pond itself It's on a ridge, it's fairly flat. There is some, but what maintains the normal water surface elevation is the recharge from surface aquifer. Mr. Thornton: As you put dredge material in the bottom of the lake, will that stop the spring from filling the lake up or does it come through that material? Dan Adams: It will come through for a period of time, but as we fill the depth, it will cap that. Mr. Thornton: Eventually it will stop the water coming in. Now the other question is when you bought this property from Mr. Lilley, was there any conversation, or you may not know, but I mean, his house is right at the backend of that lake. Is what you are going to do radically Page 10 different in what's been done and going on in this lake for years in terms of; they have been taking sand out with equipment and now you are going to put stuff back in, is there any major difference between those two operations in terms of noise and you know nighttime operations, daytime operations? If he continues to live there, is this any different in what's been going on for years there? Dan Adams: I believe it is similar in nature, with some of the noise and activity. The only issue we have discussed that's dissimilar would be the nature of the material. When we do finally break the surface and we are in the final stages of filling dredge material that comes from tidal dredging, it has an odor that could be present while it's drying. When it's under water, there are no odor issues or concerns, but during that period of drying for the final filling, there could be a smell of low-tide. Mr. Thornton: But you are talking about several years, aren't you? I mean, you are not planning on filling this lake up in the next couple of years. You answered earlier that it might be a 20-year process, so in the dredge material that's coming out at the river, is not going to be visible or have an odor for a while? Dan Adams: We will be developing, like we did for the Whitehurst pit, a dredge management plan and part of that plan could be that when we are in the final stages of filling, we break the water surface and the material is open for drying to only allow material from the stormwater projects for the final placement. That should mitigate most of the odor issues. Ms. Kwasny: I just wondered at what point in the process does that occur and how does that happen that you can make that kind of equation? Page 11 Dan Adams: We did that for Whitehurst and it was after we get through the approvals and the permitting we got a work order with an engineer to develop a dredge management plan. Then over the 10-20 years it takes to fill it we will operate under that plan. During the final stages we will do a final grating and disposition plan to walk away from the site and grade it, so there aren't any drainage or other issues and stabilizing. Mr. Thornton: Don. Mr. Horsley: In terms of traffic, you know, hauling out sand, you know, there is truck traffic and dump truck traffic can get pretty thick. What in terms of filling back, how many trucks do you think, I mean the dredging process is a lot slower than excavating sand, I would assume, isn't that true? Dan Adams: It is, so the trucks from a single project, the frequency of the trucks are, peak efficiency is about 15 minutes apart, it is a function of how fast they can offload the material at the offloading site. They are one truck at a time, but we may have multiple projects using the facility, there could be higher intensity than that. One of the reasons why we need a secondary facility is, we do have a pretty high level of hauling activity at the Whitehurst pit, so we are going to take half of that activity and move it over to Oceana to spread that out or move it over to the Lilley Pit to spread that out. Mr. Thornton: Jeff. Mr. Hodgson: If this doesn't get through and you said you want to move something from Whitehurst pit, do you have a backup other than this in place or was this the backup? Dan Adams: This is the backup to the Whitehurst pit. Page 12 Mr. Hodgson: Is there another potential backup there? Dan Adams: Not in the planning stages, but that's going to need to occur at some point in the future and that's going to be a function of how much capacity and life expectancy we get out of these two facilities. Mr. Hodgson: So that would be very long term? Mr. Thornton: The material being under water, in other words, you start, you take it out of the Lynnhaven, you carry it over here, you put it in the lake, it all settles down into the bottom of the lake. How long will it be before it's above the water of surface, I mean, you are talking 27 feet deep and with 10 or 12 acres of lake, a lot of cubic yards of material can go in the bottom of this lake. How long before you get to the top of the water? Dan Adams: We are talking a couple of decades. Mr. Thornton: Couple of decades. Will you put this in the lake in any one particular place or do you just take the truck and spread it out along the outside? Dan Adams: Initially we intend of having two or three offloading locations just to separate the trucks so they can operate independently. You could use one site because it's going to spread to the bottom, it's very fluid. Then down the road, when we begin to reach capacity and it breaks the surface, we alternate and add additional placement areas to allow for consolidation and drying, manipulation of the material to get maximum compaction, and density, and fill volume and we are in that phase at Whitehurst. Mr. Thornton: And that's two decades away? Dan Adams: Yes. Page 13 Mr. Thornton: Okay, Jeff? Mr. Hodgson: Do you have to go to capacity or could you stay below the water line by couple of feet so that you could control the odor in the drying process? Dan Adams: We could. There might be other issues with the shallow water body, other water quality issues, and concerns with that. If it's not spring fed, it's a very shallow water body that isn't desirable for a host of reasons, yes. Mr. Thornton: Dee? Ms. Oliver: Since there is only three houses that don't have access the city water, is that correct in that area? If by chance, I know you said that it was slim, that the ground water gets contaminated with this process, what is the availability of city water to these other three houses? Dan Adams: That's a good question. I mean water could be extended to those three houses but it doesn't meet the utilities definition of being available because there is not a water main fronting those parcels. And even if there was a watermain front along Oceana Boulevard, the distance of Mr. Lilley's dwelling is so far back where it wouldn't be a mandatory connection requirement. But you could run an oversized water service line from the existing city mains. There would be easements need to be obtained because there is no direct right of way with a water main existing that currently serve those properties. It can be engineered and it could be done, but the water is not currently available to those three properties with the direct connection. Ms. Oliver: Because, I mean that's a real concern, I mean you can say it is not going to happen, but if it does, then these three families are without. Dan Adams: There is a way water could be extended, but it's not currently available. Page 14 Ms. Oliver: Because that would probably be something that you might like to look into, maybe a little bit further just for the protection of those three families. Dan Adams: Water main runs down Bells Road, to Oceana, and loops into the neighborhood. Mr. Thornton: Mr. Weiner has a question for you. Mr. Weiner: No, I am trying to know where exactly is Whitehurst pit. Dan Adams: It's about half a mile north of this side on Oceana Boulevard. The same side of the road, if you know where the radar domes are, directly across the street. Mr. Weiner: Okay, okay. Mr. Thornton: Were you involved in the acquisition of this or was it done through the city attorney's office? Dan Adams: No sir, I was not involved. I believe it was done through the city attorney's office and Public Works Real Estate. Mr. Thornton: I would like to ask the owner, the former owner a question when we are done. Any other questions for Mr. Adams? Jack? Mr. Wall: Is there any baseline water quality testing on the water, not on the lake water, but on the potable water that services the three home owners? Dan Adams: I believe we could, yes. I think the service was offered to citizens currently but we could certainly see that and document that. Mr. Thornton: David Weiner? Page 15 Mr. Weiner: One more question. Over here going back to Whitehurst pit, I am looking at it here on Google maps and you have got Beautiful Street that comes off of southern Birdneck, because houses are real close to that pit. There are some businesses. How long have you been doing Whitehurst pit now? How long that has been going on for? Dan Adams: I must say, probably this is the fourth year of operation, maybe longer, about four years. Mr.Weiner: Have you not had any complaints or concerns from any of the neighborhoods around there? Dan Adams: None that I am aware of There is one concern we have had. It's been ongoing with the four-wheelers utilizing the site after hours. It's been a cat and mouse game. We have notified police, asked for their assistance and they have done flyovers and patrols and that is the, that's been a problem. Mr. Weiner: But I mean no water issues, no smells, no, nothing like that? Dan Adams: No, no tracking mud on the roadway, no other concerns. No concerns about the city operation. Mr. Weiner: Perfect, okay. Mr. Hodgson: Why again cannot you keep using a Whitehurst? Dan Adams: We can, we are going to continue to use it. Mr. Hodgson: But why using not that exclusively, why do you need the second one right now? Dan Adams: Because of the number of projects we have that are in the queue to use it are backing up. We don't have enough areas to offload and we have to alternate use of the offloading Page 16 facilities to allow the material to dry and consolidate, just not enough room at the inn basically. It's going to have a useful life probably maybe another 10 years of operation and then at that time, then we are going to be looking for the next generation of dredge management areas to keep supporting the programs. Mr. Thornton: Any other questions? I think we are done with questions, but I would like to ask Mr. Lilley a question if he would be so kind enough to come forward? When did the City buy this lake from you again? Buddy Lilley: The whole thing started about three years ago. There was a problem of who was going to pay for it and we were shut down. At the time Baillio Sand Company was working there. They were shutdown and we went through a pretty close to three-year program of excuses why we couldn't get no money and I had a meeting with the mayor before the sale. I said, let me out of this, will work something out for the city on the front part for the expressway and it was three years finally on my third lawyer, the City finally found some money. Now during that time, they told Mr. Andy Fox from Channel 10 that BRAC money was going to be used to buy the pit with as you know, that's a no-no. That's not even legal. Somewhere around that time, Waste Management managed to come up with the money and I can neither deny nor confirmed that this money that supposed to have gone to help Kempsville and Windsor Woods, as you all know that's been flooded terribly. I cannot deny or confirmed that. This is what I was told by little bird, so take it with a grain of salt. Mr. Thornton: When they negotiated this contract with you, did they tell you what they were going to do with this? Page 17 Buddy Lilley: They didn't specify they were going to be a dump like we were doing. We were doing reclamation, which is putting back dirt, clay in area that's already been done. We had a permit and we were governed by the state. They checked us every month what we did there. Later on after I had done signed the paper, I really found out when the late Mr. Baillio assured us that everything was fine. But it was some nasty stuff going to be put into the pit and that it was downhill from there. I went to see the Mayor to try and renegotiate and makes sure the city still kept the piece front for the Southeastern Expressway and they wouldn't even talk to me sir. Mr. Thornton: So you are putting material back in there when... Buddy Lilley: We were putting material back in, inert, could be dirt, clay and again we were checked constantly by the State. Mr. Shaffer, I believe that's his name was our inspector, a mining inspector who kept tabs on everything there. Mr. Thornton: Okay, so what they are going to do, you are also doing to a degree, it was just different material? Buddy Lilley: Just different material, yes sir. We had no intention of filling the whole pit. We were going to the end towards the Oceana Boulevard. If you look at the map where we have been filling, we were going to fill that across and add a couple of acres of land to the piece across the front, in the event the Southeastern Expressway did not go through. The City would have, whoever owned it that time, would have a road front plus a few acres in the back. Mr. Thornton: Okay, thank you. Any further questions for Mr. Lilley? Thank you so much sir. Buddy Lilley: Thank you very much for your time and some of your folks here asked some really good questions. I appreciate it. Page 18 Mr. Thornton: Thank you. If there are no more speakers, we will close the public portion of this and debate amongst ourselves. Anybody have any comments, concerns, questions, motion? Mr. Weiner: I will start. With the Whitehurst pit going on now and there are no concerns, the same material is going to go down there. I am sure our people are smart enough to do research and testing. They wouldn't go through of this if there wouldn't be testing, I do have concerns about the people there, the three residents there not being on city water. And then again, I really don't have a concern about it, but kind of on the fence about that, but I would go to tend to support it. Mr. Thornton: Dee? Ms. Oliver: I do, that's the one concern I have is that something happens to the well water and I want to make sure that there is a provision maybe put in there to make sure that they don't have a problem hooking up the city water. That's my main concern with that because it's just small; it's not an entire neighborhood. It is three houses and even if it's only one house, not being able to have clean drinking water if something happens, and it might not, it might be just nothing ever happens, but I don't want them to get caught in a lot of paperwork. Mr. Weiner: I guess, personally that's why I am on the fence because I don't know enough about that. Ms. Oliver: I don't either. Mr. Thornton: Well the truth is, they are on wells. The truth is, if the water is contaminated, they cannot use it anymore. So that's either going to not be a problem or is going to be a terrible problem and only time will decide whether that's a problem. But what I would like to ask Mr. Adams is, is there any way you could guarantee or warrant to us that if that water ever became a Page 19 problem, you all would run a water line back? Because that's, I don't know how long it is, but that's thousands of dollars to put in water pipe to serve these people. I know it cost me $1200 to run a 75-feet line in my front yard so this is probably several thousand dollars or more to get it back there. What would happen if these folks came to you one day and said our water is now not drinkable? Would you all participate in putting a water line back there or would you say sorry, it's your problem? Dan Adams: We can reach out the Public Utilities to find out that what they have available for testing. So we can get the water tested and get a baseline and then perhaps do some routine testing and monitoring to check on that. Also speak to Public Works about the ability to provide water service to these houses, should this happen. And it would require obtaining an easement from the adjacent property owners to run a water service line which is possible. But yes, we can commit to exploring all of those remedies should contamination happen. But again it's highly unlikely given the separation of the aquifers and the fact that we have no known contaminated material sources coming from our projects. Ms. Oliver: It's understood, I think, it's a nice reassurance. We will go forward into the future with these projects. Dan Adams: And if our operation was responsible for fouling the wells, I would certainly think that the city would incur the expense to obtain those easements and extend the services. Mr. Thornton: Don, and then yeah, Karen. Mr. Horsley: Yeah, I think that's a little bit of assurance that the residents would have, you know, and I'm like you, I don't think it is going to happen. Not from the filling of this borrow pit because you know I have experience with digging holes, and ,whenever it fills up from the top, Page 20 not from underneath, when once it seals off at the bottom, you know. I would imagine the water table, you know, aquifer is probably 90- 100-feet I would guess, but I am not too sure. Where we live and where we are, we on shallow water. I mean, we cannot find deep water where we are, you know, we're on that nasty water if you want to know about that. We would like to have city water out there where I am to be honest, you know, but water aquifers are very funny. You can go 20-feet one way and you can get into another aquifer and you get excellent water and just depending upon where you are. But I just think that this is a thought process that has been going on and I don't think you can find a better group to monitor it than our local officials and it's something that has to take place. I mean, we got to find the home for this, if we are going to keep our water ways clean and dredged out, you know, we got to find the home for the material and with the monitoring and all it takes place by the government, you know I feel comfortable with it. And with the assurance of the city that they would do something if for some reason they cause these wells to go bad you know I will support the application. Mr. Thornton: David. Mr. Redmond: Just to be the skunk at the garden party, because that's I kind of, that's me. I don't understand this concern about the wells. I mean this pit has been operated commercially for very long time. I don't know what about, what the city is talking about, would be substantially different obviously, if there were some sort of damage, then you know, you want to make sure that these owners are taking care of, but this, as the gentleman indicated, they have had material taken out, they have had material put in for decades. And I don't know, I just don't know why I would tend to believe that there is going to be something deleterious that would occur to their wells because we are putting river material in there and I just don't see it so, anyway, I am not concerned by that. Page 21 Mr. Thornton: Okay, Karen do you want to say something? Ms. Kwasny: I just want to make sure that when we talk about some kind of condition or assurance that the language is to address the issues these families may face, so for instance, he said that he would work to get a baseline of water quality and then assure that they would commit to exploring remedies. So what you are really looking for is assurance that if these people have an issue, it will be addressed. If an issue arises, it's more than exploration that you are looking for, right. You don't want them just to explore a remedy, you want them to explore and then apply a remedy. So that needs to be part of whatever language is included in it, that it's not just exploring a remedy that the people will then have to pay for them on their own. You had asked a question, Jeff, earlier so I also thought that the dredge management plan that you mention could be applied to only allow for material for stormwater management at the point of fill, right, I think that's the way you put it. I don't know how, I have just kind of a question for you, again sorry I bring you back up, but how would you, you didn't necessarily answer for me how we would know that that could be assured? So that when you get, you said you would also explore that and that would be part of something down the line and I just wanted to feel, I don't know. Dan Adams: Well one of the conditions is that we are going to develop the fill plan. We don't go into detail of the elements of the plan but we absolutely are going to develop a fill management plan. Ms. Oliver: Right, that would include that it would only be from stormwater management ponds that would go in at the point of fill. Is that what we were talking about? Page 22 Dan Adams: At the point of closure, if there are complaints about odor, we could restrict the source of material that's causing the odor. Ms. Kwasny: So kind of means being ever diligent on it to make sure that it occurs, I am still wondering how... Dan Adams: But you know, Mr. Horsley can attest to test this, earth has odor to it when you till it up... Ms. Kwasny: Well, I know that too. Dan Adams: And I don't believe that this material is any stinker than organic material that has some manure in it that's been excavated from a construction site... Ms. Kwasny: So once again, how does that go into the dredge management plan for sure? How do you assure that that goes into the plan; that it's only stormwater management pond material because you said that's what you look for, so I am still wondering. It sounds to me like kind of now you are rolling back that that's not, it's not necessarily what would happen. It's just something that might be considered. Dan Adams: I guess, my response is, I think the odor concerns, I think is overstated. We haven't had any odor complaints from our Whitehurst operation. We had a dredge transfer operation in Thalia behind Thalia Middle school and a public ball field, no concerns about odor. There was no tracking of material. We have had a transfer facility constructed in the Church Point neighborhood and we have not had any concerns. We have had a lot of concerns before the project from people concerned about odor and what not, but during the operation, we have not had any complaints about odor. Page 23 Ms. Kwasny: So you don't know whether you would include that or not? Dan Adams: If you are asking should it be made a condition of the conditional use permit, we can discuss that and talk about how the appropriate language to put that in there. I am very careful about not precluding ability to use it for navigation. Ms. Kwasny: So you might have that part of the condition. Dan Adams: So that's the reason why we were here, the main reason why we were here is to be able to support that program. We have to have a place to dispose of this material and you know we try to get them as far away from the residential concentrated areas as possible and this is almost as good as it can get as far as a facility for this purpose. Ms. Kwasny: I would like to have some language in there and the condition; however, you put it in there, and I also think that the language needs to be strengthen to address Dee's and Bob's initial concern. And I also had a question about flooding, because I think Jeff had asked that earlier and this gentleman mentioned something about flooding at the back of a lake and I just wondered to what degree is that a concern, and to what degree is that considered the flooding, can you address the question of that? Dan Adams: Whatever drainage issues had been ongoing, we are not changing the characteristics of the surface of the area. We are not adding impervious area. We are not changing the contours of the ground until we do the closure plan and we close the facility and grade it to drain. But during dredge material disposal operations, we don't expect any overflow from the site. According to Mr. Lilley, there was only about that concern he could site; there was one instance of a storm event where the lake did overflow when there was some adjacent property. So we discussed that this morning, one of things we are going to address early on in Page 24 our fill management plan is raising the berm on the east side where that overflow occurred that's the lowest corner of the property. We will do some initial filling to get enough material to raise that elevation and create containment berms, so those are types of things we are going to put into the management plan. Ms. Kwasny: Got it, okay. Mr. Thornton: Jack. Mr. Wall: Got a couple of things, one is you know maybe it have been mentioned before but the, at the closure of the facility because we already discussed, I think the whole plan as you know, the dredge material on bottom, maybe some stormwater on top, you know when it's reaches the top of it; but like what's the ultimate end of life, you know, once you are done with the facility, you know, it's filled. Dan Adams: I don't know what the ultimate land use disposition would be, but when we are done using it for this purpose, it would be graded to drain, meet all drainage ordinances, and requirements and stabilize. And then the following use would be a future action. Mr. Wall: Future action in the city. Mr. Thornton: One of the things that I will point out to Karen, pulling water and bottom out of the Lynnhaven river is probably cleaner than cleaning out BMPs. They have hydrocarbons in them, oil from cars go into those things. Ms. Kwasny: I didn't mention that. Mr. Thornton: So when you take care of stormwater management, you are cleaning out a dirtier place than you might be if you are cleaning out the bottom of the Lynnhaven River. Page 25 Ms. Kwasny: Okay and I don't know why that would have been offered as an option? Mr. Thornton: Well, it's an option because they got... Dan Adams: Because the concern was about the odor that was being addressed. That's one way they address the odor concern. But they do test the material from the stormwater projects. They test them for whole host of scary things and the arsenic, barium, lead, and hydrocarbons and from every project that's been tested, the elements that were not detectable or within regulatory acceptable limits... Ms. Kwasny: Those would be advantageous? Dan Adams: They wouldn't be advantageous for that reason, but they wouldn't have, the concern was I guess odor from the material from tidal dredge., But I have said that the general fill that's already been placed there, we are more likely to encounter contaminated fill from general construction projects, road projects where there was a fuel station, or a dry cleaner facility, but we just don't have those near our stormwater facilities or water ways that we are dredging. Mr. Thornton: Other questions? Thank you. So do we have a motion? Any, Mike? Mr. Inman: I would make a motion that we approve the application subject to an additional condition as follows that the city shall provide city water facilities to adjacent property owners in the event that appropriate, continuous testing of the ground water would reflects a need for an alternative drinking water source, maybe drinking water is not the right word. Barry Frankenfield: He can repeat it and I will get trouble perhaps, but the likelihood of us warranting, guarantee anything like that will happen, it's not going to happen on the City Page 26 Council side. And Dan and I have personal experience with Burton Station where to guarantee water and sewer connection we had to go to City Council to get special permission because of the conflict with the utility bonds and the use of public funds and public right-of-way. So the expectation of requiring this is unlikely and as Planning Staff, we would not support you adding that condition. Pretty blunt, I apologize but I appreciate where you are going. I think you have, you know, it is certainly a valid concern and it's unlikely that the Council would support binding a future Council. There are numerous reasons why we don't support your condition. It's hard for me to say that but I am saying it. Ms. Thornton: Jack. Mr. Wall: Condition possibly be that's upon request of those that are on the well, these three home owners that the city would conduct baseline water quality testing of their, could that be acceptable? Mr. Thornton: Just providing the testing? Mr. Wall: Just the baseline, that's all,just to understand what the existing well. Dan Adams: I will have to get, run that by the director and see if he is in support of that but it sounds reasonable. Mr. Thornton: That way we know what it is now. I have got one more question for you I think. You have been putting material in here since you have owned it? Dan Adams: No sir, the city has not putting any material into it, but it was originally excavated as a rectangular area and then it was expanded to the south and then the area to the north where Page 27 (referring to a graphic of the site) you see the City of Virginia Beach called out in that area had been filled by the prior operator and owner with general construction fill. Mr. Thornton: With general construction fill. Dan Adams: I don't know what it is, actually to tell you the truth Buddy Lilley: Negative, it's got to be dirt, clay, all inert. Dan Adams: If it was tested or what it consist of, I have no idea. Mr. Thornton: I will get back to the point. You feel like you can get if we put a condition on you, to do baseline water testing, is that something you can reasonably agreed to? Dan Adams: Definitely would seek approval for that. Mr. Thornton: Looks like that's the best we are going to get today Mike. Dave? Mr. Redmond: Can I just say, I think we have gone too far with this. I don't know where the doomsday scenario is coming from that these wells are going to be fouled. I just, I don't know why we would assume that. Mr. Thornton: Nobody is assuming. That's the possibility [Crosstalk]. Mr. Redmond: I don't know what would lead us to believe that that's a possibility other than that we kind of made it up out of thin air and I have support with this baseline water thing, but I think we have spent now half an hour coming up with the scenario that none of has any real confidence or should have any real confidence in believing it's going to happen, we just kind of cooked it up. Page 28 Mr. Thornton: Well I don't know I agee with you, but I think we need to call for the question and have a second and hit the buttons. So do we have a motion to approve with a condition that our director says he cannot support. So that means we have to modify our motion to either basically accepted the way it is and trust that the city will do their best to do some testing. That seems to me to be where we are with this, so I will make a motion to approve this as submitted and then we will call for the question, is there a second? Mr. Redmond: I will second. Mr. Thornton: Dave seconded. We have a motion and we have a second. Mr. Horsley: What we are voting on? [Crosstalk] Mr. Thornton: My vote is to approve the application, we have a second and trusting that Mr. Adams is going to do what he can do to get his department to do baseline testing on this water. Ms. Oliver: That has to be a part of it, doesn't it? Barry Frankenfield: That's not a condition, we are adding. Mr. Thornton: Anybody not understand what we are voting on? Beverly Kay Wilson: Do we have a second`?- Mr. Weiner: Yes, I second. Pam Sandloop: Thank you Mr. Weiner. Mr. Hodgson? Mr. Hodgson: It's not working. Mr. Horsley: You broke it. Pam Sandloop: Can I get through the verbal vote? Commissioner Inman? Page 29 Mr. Inman: Nay. Ms. Oliver: Wait, I want to change, I hit the wrong one. CONDITIONS 1. No filling of the borrow pit shall be permitted without first obtaining all necessary permits from Federal, State, and Local agencies required. 2. A fill plan shall be prepared that addresses all Federal, State, and Local agency requirements. 3. The existing vegetated buffer along Oceana Boulevard and along the southern property line shall be maintained. 4. Access to the site and filling of the pit shall be consistent with the submitted plan entitled, "BAILLIO SAND PIT EXHIBIT 1 FOR CITY OF VIRGINIA BEACH," by Waterway Surveys & Engineering, Ltd., dated March 12, 2018. 5. Only inert, non-hazardous, non-toxic materials shall be deposited on the site, and shall not include wood, asphalt, concrete, or other construction debris. 6. Dust control measures shall be implemented. 7. Typical operating hours shall be 7:00 a.m. to 7:00 p.m., Monday through Saturday, unless emergency hours are authorized by the City Manager. A motion was made by Commissioner Thornton and seconded by Commissioner Redmond to_ approve item 7. AYE 6 NAY 3 ABS 0 ABSENT 2 HODGSON NAY HORSLEY AYE INMAN NAY KWASNY AYE Page 30 OLIVER NAY REDMOND AYE RIPLEY ABSENT RUCINSKI ABSENT THORNTON AYE WALL AYE WEINER AYE Pam Sandloop: We are going to try it again. Just bear with us, we are going to try and open a new vote and see what happens? Okay, vote is open. By the recorded vote of 6-3, agenda item number 7 City of Virginia Beach has been approved as submitted. Page 31 :// (Apk\-.7. .iiil--eulliC,..;: ,;;,„1.07.7t7r.7.7-.L-__4;;;)- -..-7--..,--- %-lit \\C" --e-7---' .(1 ' \ /1074‘W‘i -- ,.4;:.1 ),/.." 1 ,,...., 1 ,\-- oe ,CNl ,- 1 T r<<� c. ..,"•-....'117+ rrt1� o� i ` „„\ -l.5 1 Ilk \ to. " i:_,..)- , 8 . I -. \ ,.. 4,- ifici):- . 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Zf * y tf !jt _Y . ... „,,,„, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NORTHAMPTON DEVELOPMENT, LLC [Applicant] ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NORFOLK [Property Owner] Conditional Change of Zoning (R-5D Residential to Conditional B-2 Community Business District) at the property located on the north side of Northampton Boulevard, adjacent to and east of Premium Outlets Boulevard (GPIN 1458783553), COUNCIL DISTRICT — BAYSIDE. MEETING DATE: June 19, 2018 • Background: This almost 33-acre site was previously part of the City of Norfolk-owned Lake Wright Golf Course and Driving Range. The applicant is pursuing a rezoning in order to redevelop the site with up to 250,000 square feet of commercial uses. The proffered building concepts reflect structures with high quality design and superior building materials. Five points of vehicular access are proposed, including a connection to Tolliver Road (currently under construction), a right-in/right-out connection on Northampton Boulevard, and three ingress/egress points along Premium Outlets Boulevard. Public roadway improvements have been proposed and will be installed as a result of the development. The concept plan also depicts an internal sidewalk and trail network with linkages to the greater surrounding pedestrian network of Premium Outlets Boulevard and adjacent rights-of-ways. • Considerations: The proposed B-2 Community Business District zoning is the most compatible, complementary and efficient use of the land in such close proximity to the large, regional outlet mall. As this site is located very close to the 64/Northampton Boulevard (US Route 13) interchange, the shopping center will be able to take advantage of this existing infrastructure. The commercial uses will likely include small-scale retail, restaurants, and neighborhood services that may not be desired or possible at the nearby large outlet mall. • 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. Northampton Development, LLC Page 2 of 2 • Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De•artment/Agency: Planning DepartmentAF-AP.--------. City Manager: •.iii ail\ Applicant Northampton Development, LLC Agenda Item Property Owner Economic Development Authority of the City ,� of Norfolk 9 Public Hearing May 9, 2018 Virginia Beach City Council Election District Bayside Request Conditional Rezoning (R-5D Residential to Conditional B-2 Community Business District) ei.,�,on Staff Recommendation sin �a`a Approval o c c pn`o(*r goad e,. c...2.6 Staff Planner G�e�� i Mark Shea ce � ao Location oP tom' ac d o A North side of Northampton Boulevard, adjacent 'o• . co t to and east of Premium Outlets Boulevard �P 9` 9P r: s/Ppd' n'`P 7`P �' 'to � N G P I N _._ .. ._ 9p 1458783553 Q. P ti Site Size O 32.93 acres , g AICUZ Less than 65 dB DNL ,r, Watershed �. a Chesapeake Bay ' Existing Land Use and Zoning District o,''Tr' '' , Vacant (former golf course & driving range)/ R � - _ ,__ R°�,! 5D Residential ' 1 4t1 `;,.. �' �ty7 Surrounding Land Uses and Zoning Districts G`V North z` Vacant/ 1-1 Light Industrial � � 5` �`' �, South �'J '` . . `.fir r :- % Northampton Boulevard ,�� ' -ii` , Single-family dwellings/ R-15 Residential : ; 01` "t - East � �� .." ,.. Vacant lot, single-family dwellings/ R-5D 1;;.,. \` ? Residential " # �'\ �: '% -•• West ' * c'f 't; 94 Premium Outlets Boulevard , 4 r. ' 9 City of Norfolk,vacant land, hotel/City of ,; . , ,L%., s f �''��, `1, ��µ` Norfolk CommunityCommercial '. `' r Northampton Development, LLC Agenda Item 9 Page 1 Background and Summary of Proposal • The applicant proposes to develop an approximately 250,000 square-foot commercial shopping center(Burton Crossing) on approximately 33 acres of land. As the property is zoned R-5D Residential District, which only permits residential uses, a rezoning is required in order to develop the site with retail uses. • The 33-acre site was previously part of the City of Norfolk-owned Lake Wright Golf Course and Driving Range, and under the existing zoning could yield up to 200 residential units. • The proffered conceptual site layout depicts a series of detached buildings along Northampton Boulevard and Premium Outlets Boulevard with surface parking proposed within the interior of the site. There are five points of vehicular access, including a connection to Tolliver Road (currently under construction), a right-in/right-out connection on Northampton Boulevard, and three ingress/egress points along Premium Outlets Boulevard in Norfolk. • Staff worked with the applicant to ensure that the proposed buildings' design, exterior building materials and shopping center signage will be of superior quality. With the exception of the buildings that back up to a 50-foot buffer along the northeastern property line, all buildings are designed with double fronts, as both the front and back facades incorporate design features that provide the appearance of a front building facade. • The concept plan also depicts an internal sidewalk and trail network with linkages to the greater surrounding pedestrian network of Premium Outlets Boulevard and adjacent rights-of-ways.The multi-use trail is designed to be a continuation of the eight-foot wide gravel path around Lake Wright that was constructed with the nearby outlet mall development, extending from Premium Outlets Boulevard around the northeastern perimeter of the subject site to Northampton Boulevard. A five-foot sidewalk is shown along the Northampton Boulevard frontage with plant material on either side. Concrete sidewalks within the shopping center will range in width of five to eight feet, with a landscaped verge separating the sidewalk from the drive aisles. • Stormwater management will be directed to a portion of a 7.70-acre site to the north, which is under the same ownership. The applicant, as part of the purchase agreement of the subject 33-acre parcel, will be required to obtain a drainage easement across a portion of the adjacent parcel (located between the subject site and the stormwater site) in order to transmit and treat the stormwater. The treated stormwater is proposed to outfall into Lake Wright, and the applicant is also pursuing an easement in order to accomplish this. • In accordance with Chapter 527 of the Virginia Code, a Traffic Impact Analysis (TIA) for the proposed rezoning was submitted to the Virginia Department of Transportation (VDOT) by the applicant's traffic consultant. State legislation requires that VDOT provide comments to the locality within 45 days of receipt of the TIA, when projects are proposed to generate more than 5,000 vehicle trips per day and whose nearest property line is within 3,000 feet of a connection to a state-controlled highway (Interstate 64). These comments are anticipated to be received by Staff in early May, and will be forwarded to the Planning Commission as soon as available. The following is a summary of the proposed public roadway improvements that are depicted on the proffered plan as well as described in the TIA, which will be installed as a result of the development. o A right turn lane on westbound Northampton Boulevard at the Northampton Boulevard/Wesleyan Drive/Premium Outlets Boulevard intersection. o A right in/right out direct access point along Northampton Boulevard and associated right turn lane. o Closure of the existing median break on Northampton Boulevard, and the removal of the westbound left turn lane currently at the median break. Northampton Development, LLC Agenda Item 9 Page 2 o Three proposed direct access points and turn lanes from Premium Outlets Boulevard in Norfolk into the site. o A 150-foot roadway section on the eastern side of the site to connect the shopping center to Tolliver Road. *4 //- w f;f A B'2 Zoning History j��, gi -1( # Request 1 /'�� 1 REZ (R 5D to 11)Approved 06/21/2016 B-21 2 CUP(Housing for Seniors and the /'/7 Disabled) Approved 12/10/2014 *et s 3 REZ(0-2 to Conditional B-2)Approved 01/25/2005 %. / CUP(Hotel)Approved 01/25/2005 4 REZ(B-2, 0-2& I-1 to Conditional 1-1) •% '; Approved 02/13/2001 R=10 CUP(hotel) Approved 02/13/2001 •'` 5 REZ(Conditional I-1 to Conditional B-2) itR-15 R-15 Approved 05/24/2005 R-1,5 ;, 6 CUP(Automobile Service Station) if, \� R Approved 01/26/1999 Application Types CUP—Conditional Use Permit MOD Modification of Conditions or FVR—Floodplain Variance Proffers REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning SVR—Subdivision Variance STC—Street Closure Evaluation and Recommendation Staff recommends approval of this application to rezone approximately 33 acres of property currently zoned R-5D Residential District to Conditional B-2 Community Business District. It should be noted that Traffic Engineering Staff have concerns related to the findings of the TIA, particularly with regard to the reported conclusion that traffic around the development will not be adversely impacted. To address the concerns of Staff, adjustments to the intersection or additional access related improvements may be required. The Urban Area chapter of the City's adopted 2016 "It's Our Future: A Choice City" Comprehensive Plan outlines 12 guiding principles for Strategic Growth Area development. The following three principles directly support the rezoning request based on changing conditions since the adoption of the Burton Station Strategic Growth Area (SGA) Plan in 2009. • Encourage efficient use of land resources • Maximize use of infrastructure • Create a compatible mix of uses Northampton Development, LLC Agenda Item 9 Page 3 As this parcel of land is located less than 1/4 of a mile from the Interstate 64/Northampton Boulevard (US Route 13) interchange, the shopping center will be able to take advantage of this existing infrastructure. In Staff's view, the development of this parcel with a more intense use is an efficient use of the land. It is Staff's understanding that these two principles were also considered by the City of Norfolk when reviewing the proposal to create a regionally scaled outlet mall directly across the City line from this property. The B-2 Community Business District is the most compatible, complementary and efficient use of the land in such close proximity to the outlet mall. Development of a commercial shopping center on the subject site, rather than the mixture of office and residential uses envisioned in the 2009 SGA Plan, will allow retail customers to minimize and combine trips in an efficient manner. Complementary and smaller-scale retail, restaurant, and neighborhood service-type uses can be developed in this proposed shopping center that may not be possible or desired at the nearby large scale outlet mall. The close proximity to the interstate will allow for a reduction of vehicle miles traveled, as compared to a similar sized shopping center that could be located farther from the interstate highway system. A network of well-designed walking paths and sidewalks are planned to provide an alternative mode of travel within the retail centers along Premium Outlet Boulevard and will also link to the remainder of the SGA. Transit service is available along Northampton Boulevard to provide additional travel options. Northampton Development, LLC Agenda Item 9 Page 4 Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, it shall be developed substantially as shown on the exhibits entitled "CONCEPTUAL SITE LAYOUT BURTON CROSSING VIRGINIA BEACH VIRGINIA", dated July 23, 2017 prepared by WPL, and "PROPOSED TRAFFIC IMPROVEMENTS, BURTON CROSSING PREPARED FOR NORTHAMPTON DEVELOPMENT L.L.C. VIRGINIA BEACH, VIRGINIA" dated 05/31/2017, prepared by Kimley Horn, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Concept Plans"). Proffer 2: When the Property is developed, the exterior surfaces of the buildings shall be constructed utilizing the high quality architectural designs, features and materials substantially as depicted on the six (6) numbered exhibits entitled "BURTON CROSSING", prepared by The Livas Group, Inc., which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Renderings"). Proffer 3: When the Property is developed, the Multi-Use Path, Enhanced Sidewalks and Standard Sidewalks depicted on the Concept Plans and Renderings shall be constructed and installed substantially as depicted on the exhibit entitled "CONCEPTUAL WALKWAY SECTIONS BURTON CROSSING VIRGINIA BEACH, VIRGINIA", dated July 23, 2017, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Walkway Sections"). Proffer 4: When the property is developed, freestanding monument style signage may be erected on the Property as permitted for a Regional Commercial Center under Section 905 of the Grantee's Comprehensive Zoning Ordinance ("C.Z.O."), and substantially as depicted on Rendering numbered 1.All building mounted signage shall be channel letters (i.e. no box signs) and only the lettering may be illuminated. Proffer 5: As depicted on the Renderings, and with the exception of those four(4) buildings depicted closest to the northeastern side boundary line of the Property on the Concept Plans, the buildings shall be designed to have, or appear to have, "double fronts".The back walls (i.e. northeast facing) of the four (4) buildings which align parallel with and closest to the northeastern side boundary line of the Property shall incorporate the design features specified in Sections 245(a)(3) and (a)(4) of the Design Standards For Retail Establishments as set forth in the C.Z.O. Any HVAC and similar equipment located upon the roof of any building shall be concealed from street level view as provided in Section 245(b) (2) of the above referenced Design Standards. Proffer 6: Any Outdoor Display Areas, Vending Machines and Ground Level Mechanical Equipment shall be created, placed, installed, enclosed and screened as provided in Section 245(e) (1), (2) and (3) of the Design Standards For Retail Establishments as hereinabove referenced. Northampton Development, LLC Agenda Item 9 Page 5 Proffer 7: A photometric plan (i.e. lighting plan) for the Property shall be submitted for review with the Site Plan and the outdoor lighting fixtures shall be coordinated as to style, material, and color. Neutral and earth tone colors of lighting fixtures will be utilized as depicted on the Renderings. Lighting throughout the Property shall overlap, creating an even level of illumination throughout the Property. Proffer 8: As depicted on the Concept Plans, when the Property is developed, right of way dedications and turn lane improvements along the Property's frontages on Northampton Boulevard and Premium Outlets Boulevard will be provided along with the connection to Tolliver Road. Proffer 9: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 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. 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 rezoning 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 property is located in the Burton Station Strategic Growth Area (SGA), the Master Plan, adopted by City Council in 2009 is currently under review for update. The proposed rezoning is a departure from the current SGA Plan's recommendations for this site, as it calls for office, single-family residential and apartment uses. Since the Plan's adoption, a major retail outlet mall has been constructed on a large portion of the former public golf course, which is now closed, and served as the central piece of the 2009 Plan's vision. In addition, the Norfolk Airport Authority, who owns multiple parcels within the SGA, has obtained rezoning approval on these sites from primarily residential to I-1 Light Industrial in anticipation of future development compatible with airport operations. The 2018 Burton Station Strategic Growth Area Plan Update, currently under development, proposes a gradual transition from high intensity, destination retail closest to the interstate to a mix of uses as one travels east along Northampton Boulevard. Light industrial areas are proposed for the areas in the SGA that are closest to the Norfolk International Airport runways, and an extensive open space/trail system is under consideration to link and buffer the entire SGA. Natural and Cultural Resources Impacts The property is located in the Chesapeake Bay watershed. There are no known significant natural or cultural resources associated with this site. Northampton Development, LLC Agenda Item 9 Page 6 Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 34,940 ADT 1(LOS 4 "C") Northampton Boulevard 66,200 ADT 1 56,240 ADT 1(LOS 4"D") 64,260 ADT 1 (LOS 4 "E") Existing Zoning 2— 1,986 ADT1 Proposed Land Use 3— 14,132 ADT' Burton Station Road 3,800 ADTe 6,200 ADT 1(LOS° "C") 9,900 ADT1 (LOS 4 "D") lAverage Daily Trips z as defined by 33 acres Sas defined by 250,000 square feet 4 LOS=Level of Service of residentially zoned of retail property Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Northampton Boulevard in the vicinity of this application is considered an eight-lane divided major urban arterial. The MTP proposes an eight-lane facility within a 190-foot right-of-way. Currently, this segment of roadway is functioning over-capacity at a Level of Service F. Northampton Boulevard is part of the Federal Highway Administration National Network and is used extensively by large trucks for interstate commerce. Northampton Boulevard is also part of the National Strategic Highway Network, STRAHNET, and is critical to Department of Defense domestic operations. Burton Station Road is a two-lane collector street that connects Northampton Boulevard to Miller Store Road. This road is currently being improved as part of the City's Burton Station Road Phase I improvements project and construction is scheduled to be completed in the Fall of 2019. Premium Outlets Boulevard is a two-lane roadway that is completely within the City of Norfolk and it serves as an access road for the a regional-scale outlet mall, the Lake Wright Hotel and future outparcels in the City of Norfolk, including a busy fast food restaurant (Chic-Fil-A). The City of Norfolk will ultimately need to approve all access to this roadway from the proposed shopping center site. While the required Traffic Impact Analysis (TIA) has been submitted, the City's Traffic Engineering Staff have not approved the findings. As previously mentioned,VDOT will submit comments to the City in the coming days. Based on the information provided in the TIA regarding the impacts of the proposed development on the surrounding public roadway network in Virginia Beach, Traffic Engineering Staff offer the following comments: The TIA Conclusions section summary states that "This project will not adversely impact the traffic service levels in this area, when the improvements shown in this traffic impact assessment report are implemented." This statement is not accurate as the TIA indicates that in the morning peak hour period, delay per vehicle at the Northampton Boulevard/Wesleyan Drive/Premium Outlets Boulevard intersection increases by seven seconds at this intersection, pushing the intersection to an unsatisfactory level of service "E". In the evening peak hour, delay per vehicle increases by 12 seconds at this intersection, which equates to a 24% increase. In addition, there are a few individual traffic movements within the intersection that are anticipated to function at unacceptable levels of service because of the increase in traffic associated with this development.The proposed development is shown to have a minimal impact on traffic at the Northampton Boulevard intersections at Burton Station Road and Baker Road. As such, there are no proposed improvements at either of these intersections within the City of Virginia Beach. Northampton Development, LLC Agenda Item 9 Page 7 Public Utility Impacts Water There are existing 12-inch and 24-inch City water mains in Northampton Boulevard. The proposed development must connect to City water. A 10-inch waterline will be constructed within the Tolliver Road right-of-way as part of the Burton Station Infrastructure Phase I Capital Improvement Project. Water and sanitary sewer service must be verified and improved if necessary so that the proposed development will have adequate water pressure, fire protection and sanitary sewer service. Sewer There is an existing eight-inch City gravity sanitary sewer main in Northampton Boulevard. There is an existing 14-inch HRSD sanitary sewer force main in Northampton Boulevard. The proposed development must connect to City sanitary sewer. A 12-inch gravity sanitary sewer main will be constructed within the Tolliver Road right-of-way as part of the Burton Station Infrastructure Phase I Capital Improvement Project. The site is located within the service area of the future Burton Station Sanitary Sewer Pump Station #370 Capital Improvement Project. Capacity for this project was included in the design of the proposed sanitary sewer system. Northampton Development, LLC Agenda Item 9 Page 8 Proposed Regional Site Layout N U U • �i`y a Z t \ V' �v AA � CI- a \� \\ \ \\ \\ \y 1 f u. ,\pN�'' \\ ,\ \\ \\ \� �f Y'-1 \ \\ \ \ 44• \\la s¢ 4'# 4' 1 t 9 \ \ \ \ :1 �! � e_ "1.10'c) O \ e\C� -------1- Z 1 `.• \*- , o : ane i4, a 2 4 • J do a�'" IP" _ 3 z O N W Q/F. A � 4 *,* 6 ''P , } 1p 4? ' rL• - d1 ,�((+ j 1'C h'lhJta l i� \... r t ., , ; , k \.,.., _.; • li i . \t,' i ,. i ,,,,, 1, . t ' „. 4 J - In- \-!" . I w Y c t" . /7/ I ---.%;1 _ �- & ,-\\Y' Northampton Development, LLC Agenda Item 9 Page 9 Proposed Site Layout SITE INFOP.M.tTION LE 20.1D PROPOSEDBl: I01ry,MAUIM rlLA,-g5r,3q)Sr IWTIDx1 NWT ILetPN-►'.yrmung111 TOTAL PARKING= 1:55 SEAMS PPROX 1 51 NL MUN Reath(i. zLtio,WD81DEY0LP(4 KMT):, I 1 Sa4J'�S�K.L az r , .,.............., ,t,17.....5....,.....ti‘t 11 k ` ' li3kikikr...#70, • 'o'• t l A�. `.Yl_ONVECTILL I li 3.m'!- �J lrqu l:rgiiir A�F,F11Rx..1 =12 vo .f ..i. --- . 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I Yip 2-7.:::-.„,..4-----'7 • - ° 1• .>"•,-,=.a."— .. •.-ate 0, _ .ftie A.l ' � 4'441 lj�:fj1 ` € Y a,14 .. „ isi::.:;:Li: f F 9 ;"' ._., y,, II law - ...alit' A..� m :I,� , _ 0 BURTON CROSSING ' 6 11.The Livas Group,Inc. am' Northampton Development, LLC Agenda Item 9 Page 14 Proposed Walkway Sections PfropcSW$Y' 1111 SLNUMUMMAI Co. yt,4 119451,` • �-exxxbexa I ANOSCAPF .AN]SCA=E eLfrEn BUrFEA / 6' r GP/4'U :CR.$}'AND RIM, MULTIUSE PATH (TO MATCH LINEAR PARK TRAIL AROUND LAKE WRIGHT) 4141, } ``•f' r'�AkC9/ 6' f �4': /'JAPiIES.� 5` -4 JERK C'.Ih .L1'.aLK URGE C•CINC WALK ENHANCED SIDEWALK STANDARD SIDEWALK (8'WIDTH MIN.) (5'WIDTH) CONCEPTUAL WALKWAY SECTICNS kOt tO SCA F RikBURTON CROSSING YIRGa•MA BEACH VIR{INIA u r a lilt E MIslaaru BL 6iMALie4/ . I .-1,. ::.•:. .>GI _1„n%%MN; C'rL aaacsta.:; Northampton Development, LLC Agenda Item 9 Page 15 Site Photos • I! L -— tea._ a w w .Er"y c } _','.'','--:':4—_,,,-.:,7:.,_i!-:,4- "t $s�y _ J a_ '�' � .. .�o�it0 Ise!'." ;! ; , �' ��� ��. n . • , --J , Were r _ _ . �.., _11essinat 0 Northampton Development, LLC Agenda Item 9 Page 16 Disclosure Statement Virginia Beat APPLICANT'S NAME Northampton Development. L L C. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request i Rezoning Appeals Certificate of I 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 ate 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 (OR t I l t 1151 ONl1 ..- 1 .• _ Page 1 of 7 ❑ ARP(IC ANT NOTIFIED OF HEAPING `. '-C '1 NO CHANCE S As OF f (437i D > I Jimmy McNamara REVISIONS SUBMIT LED - :•'i 'Y1� AA . 91 "4 G/ 7 Northampton Development, LLC Agenda Item 9 Page 17 Disclosure Statement Virginia Beach Check here if the APPLICANT IS. NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:.Northampton Development L.L.0 If an LLC, list all member's names: Miles B. Leon, President; Timothy M Finn, Vice President; Thomas G Johnson, III, Vice President;Virginia Batten Hawks. Secretary/Treasurer 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 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if properly owner is di ferent from Applicant. LJ 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 Economic Development Authority of the City of Norfolk If an [IC, list the member's names: Page 2 of 7 Northampton Development, LLC Agenda Item 9 Page 18 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Robert E. Garris, Jr., Chairman; Michael Lee, Vice-Chairman: Jeffrey F. Brooke. Director: Richard H. Ottinger, Director, Kim P. Brown. Director; W. Craig Reilly. Director: B. Wayne Coleman. Director; Ursula Rhodes. Director; Antonio L. Sisco. Director; Jaeson Dandalides, Director: Executive Director: Charles E. Rine Sr Secretar /Tr asu er-Andrew Yance $Assist;nt Se 1T asurer-Dawn Ryan (B) Lrst the .usinessys that have a parent-suosidiary or affiiliatedebusiness 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 (ii one business entity has a controlling ownership interest in the other business entity. 00 a controlling owner in one entity is also a controlling owner in the other entity, or (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 SEPERATEI Y Page 3 of 7 Northampton Development, LLC Agenda Item 9 Page 19 Disclosure Statement APPLICANT 3BeacEi YES I NO j SERVICE I PROVIDER rneeded)ditional sheets if �- XAccounting and/or preparer of (Dixon Hughes Goodman your tax return l X Architect/ Landscape Architect/ I .The Livas Group Architects. PC%T S 3 Land Planner Architects Contract Purchaser(if other than X the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed Xpurchaser of the subject property (identify purchaser(s)and purchaser's service providers) X Construction Contractors to be determined Engineers/Surveyors/Agents Kimley Horn&WPL Financing (include current to be determined X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) XI Legal Services Sykes Bourdon Ahern& Levy P C ' Real Estate Brokers / Si Nusbaum Realty Co X Agents/Realtors for current and anticipated future sales of the subject property Wilcox&Savage SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have X an interest in the subject land or any proposed development Li contingent on the subject public action? if yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Northampton Development, LLC Agenda Item 9 Page 20 Disclosure Statement ii,fi3 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. Miles B Leon. President ' APPLIC S SIGNATURE PRINT NAME + DATE Northlmpton Development L L C Page 5 of 7 Northampton Development, LLC Agenda Item 9 Page 21 Disclosure Statement IS):3 OWNER Virginia Beach YES ' NO SERVICE PROVIDER (use additional sheets.r needed) XAccounting and/or pre parer of Dixon Hughes Goodman t l P your tax return f 1 (xl Architect/ Landscape Architect / I Land Planner Contract Purchaser(if other than (x1 the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed >K purchaser of the subject property I (identify purchaser(s)and purchaser's service providers) X Construction Contractors XEngineers/Surveyors/Agents Financing (include current xmortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X I Legal Services Williams Mullen/Howard Gordon Esq Real Estate Brokers / S L Nusbaum Realty Co x ^j 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 I X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Northampton Development, LLC Agenda Item 9 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. — 1/`,- Charles E Rigney Sr y_, PROPF IfTY OWN/R$SIGNATURE PRINT NAME 1 DATE Economic Deveilopment Authonty.City of Norfolk Executive Director Page 7 of 7 Northampton Development, LLC Agenda Item 9 Page 23 Item#9 Northampton Development, LLC Conditional Rezoning (R-5D Residential District to Conditional B-2 Community Business District) Property located on the north side Northampton Blvd, adjacent to and east of Premium Outlets Boulevard District- Bayside May 9, 2018 APPROVED - CONSENT Ms. Oliver: Thank you very much. The next matter is agenda item number 9, Northampton Development LLC; this is an application for conditional rezoning R-5D Residential District to Conditional B-2 Community Business District on the property located on the north side of Northampton Boulevard adjacent to & east of Premium Outlets Boulevard in the Bayside District. Hello. Eddie Bourdon: Thank you Madam Vice Chair, Mr. Chairman, members of the Commission, again for the record Eddie Bourdon, Virginia Beach Attorney representing the applicant, with me also today is Mr. Billy Milligan with the Livas Group who is the architect on the project and also representing the project. I want to thank Mr. Frankenfield, Kathy Warren at the SGA office and Mark Shea for their work with us on this project and greatly appreciate being on the consent agenda, for this proffered rezoning. Thank you. Ms. Oliver: Thank you, is there any opposition to this being placed on the consent agenda? Hearing none,the Chairman is asked Commissioner Redmond to read this into the record. Mr. Redmond: Mr. Chairman, the applicant proposes to develop an approximately 250,000 square foot commercial shopping center on approximately 33 acres of land, there is a property zoned R-5D Residential District which only permits residential uses, the rezoning has required in Page 1 order to develop the site with retail uses. The proffered conceptual site plan depicts a series of detached buildings along Northampton Boulevard and Premium Outlets Boulevard with surface parking proposed within the interior of the site. There are five points of vehicular access including a connection to Tolliver Road,which is currently under construction. There is a right-in and right- out connection on Northampton Boulevard and three ingress and egress points along Premium Outlet Boulevard in Norfolk. Any development project of this size and complexity is bound to be second guessed, in the end, the Commission agrees with staff that "B-2 Community Business District is the most compatible, complementary, and efficient use of the land in such close proximity to the Outlet Mall." The staff obviously recommended approval,we are unaware of any opposition to this application and the Planning Commission concurs with staff's judgment consent, thank you Mr. Chairman. Ms. Oliver: Thank you. Mr. Chairman that was our last item on the consent agenda and I would like to move that we approve items number one, three, five, six, nine, DI and D3. Mr. Thornton: We have a motion, is there a second? Mr. Hodgson: Second. Mr. Thornton: _ Second from Mr. Hodgson. We are ready to vote. Dave? Mr. Weiner: Item number three, I need to abstain from that, the applicant is a client of mine. Mr. Thornton: Okay. Mr. Redmond: Mr. Chairman, I am going to abstain from agenda item number D3, I have a piece of property under contract with the applicant in another location. Page 2 Mr. Thornton: Okay, any other conflicts? None noted those. A motion was made by Commissioner Oliver and seconded by Commissioner Hodgson to approve item 9 AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY ABSENT RUCINSKI ABSENT THORNTON AYE WALL AYE WEINER AYE Pam Sandloop: By recorded vote of 9-0, agenda items one, three, five, six, nine. Dl, and D3 have been approved by consent. D3 approved as modified with Commissioner Weiner abstaining from item three and Commissioner Redmond abstaining from item D3. Page 3 r01.14 iYY 4. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE Z tix-y;3 r:, ?? rsom.- e OF OU;%10'°'''' R 10'°NS In Reply Refer To Our File No. DF-10063 DATE: June 6, 2018 TO: Becky Kubin DEPT: City Attorney FROM: B. Kay WilsdP DEPT: CityAttorney orney RE: Conditional Zoning Application; Northampton Development, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on June 19, 2018. I have reviewed the subject proffer agreement, dated July 23, 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 NORTHAMPTON DEVELOPMENT, L.L.C., a Virginia limited liability company ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NORFOLK TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 23rd day of July, 2017, by and between NORTHAMPTON DEVELOPMENT, L.L.C., a Virginia limited liability company, party of the first part, Grantor; ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NORFOLK, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of a parcel of property located in the Bayside District of the City of Virginia Beach, which parcel includes certain lands having a total of approximately 32.932 acres, that are described and designated Parcel 1 on Exhibit "A" attached hereto and hereinafter referred to as the "Property"; and WHEREAS, the party of the first part, as contract purchaser of the Property, 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 Classifications of the Property from R-5D Residential District to Conditional B-2 Community Business District; and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the GPIN: 1458-78-3553-0000 (part of) Prepared b}: R. Edward Bourdon,Jr., Esquire VSB#22160 Sykes, Bourdon,Ahern&Levy,P.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 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 party of the first part has with the concurrence of the party of the second part 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 in the B-2 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan,building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property 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 and assigns,grantees, and other successors in interest or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibits entitled "CONCEPTUAL SITE LAYOUT BURTON CROSSING VIRGINIA BEACH VIRGINIA", dated July 23, 2017 prepared by WPL, and "PROPOSED TRAFFIC IMPROVEMENTS, BURTON CROSSING PREPARED FOR NORTHAMPTON DEVELOPMENT L.L.C. VIRGINIA BEACH, VIRGINIA" dated 05/31/2017, prepared by Kimley Horn, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Concept Plans"). 2. When the Property is developed, the exterior surfaces of the buildings shall be constructed utilizing the high quality architectural designs, features and materials substantially as depicted on the six (6) numbered exhibits entitled "BURTON CROSSING", prepared by The Livas Group, Inc., which have been exhibited to the Virginia Beach City 2 Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Renderings"). 3. When the Property is developed, the Multi-Use Path, Enhanced Sidewalks and Standard Sidewalks depicted on the Concept Plans and Renderings shall be constructed and installed substantially as depicted on the exhibit entitled "CONCEPTUAL WALKWAY SECTIONS BURTON CROSSING VIRGINIA BEACH, VIRGINIA", dated July 23, 2017, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Walkway Sections"). 4. When the property is developed, freestanding monument style signage may be erected on the Property as permitted for a Regional Commercial Center under Section 905 of the Grantee's Comprehensive Zoning Ordinance ("C.Z.O."), and substantially as depicted on Rendering numbered 1. All building mounted signage shall be channel letters (i.e. no box signs) and only the lettering may be illuminated. 5. As depicted on the Renderings, and with the exception of those four (4) buildings depicted closest to the northeastern side boundary line of the Property on the Concept Plans, the buildings shall be designed to have, or appear to have, "double fronts". The back walls (i.e. northeast facing) of the four (4) buildings which align parallel with and closest to the northeastern side boundary line of the Property shall incorporate the design features specified in Sections 245(a)(3) and (a)(4) of the Design Standards For Retail Establishments as set forth in the C.Z.O. Any HVAC and similar equipment located upon the roof of any building shall be concealed from street level view as provided in Section 245(b)(2) of the above referenced Design Standards. 6. Any Outdoor Display Areas, Vending Machines and Ground Level Mechanical Equipment shall be created, placed, installed, enclosed and screened as provided in Section 245(e)(1), (2) and (3) of the Design Standards For Retail Establishments as hereinabove referenced. 7. A photometric plan (i.e. lighting plan) for the Property shall be submitted for review with the Site Plan and the outdoor lighting fixtures shall be coordinated as to style, material, and color. Neutral and earth tone colors of lighting fixtures will be utilized as depicted on the Renderings. Lighting throughout the Property shall overlap,creating an even level of illumination throughout the Property. 3 8. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the party of the first part, with the concurrence of the party of the second part and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The 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; 4 (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 names of the Grantors and the Grantee. Upon conveyance of the Property by the party of the second part to a third party, the party of the second part shall be released from any obligations under this Agreement. 5 WITNESS the following signature and seal: Grantor: Northampton Development, L.L.C., a Virginia limited liability company By: (SEAL) Mi -• B. Leon, President STATE OF VIRGINIA CITY OF NORFOLK, to-wit: The foregoing instrument was acknowledged before me this 4$- day o .lE 2017, by Miles B. Leon, President of Northampton Development, L.L.C., a Virginia limite. liability company, Grantor. Notary Public My Commission Expires: oz/il/zoig Notary Registration Number: 3217''3 Alicia Ward Gorski NOTARY PUBLIC Commonwealth of Virginia Reg. #321743 My Commission Expires Feb. 28,2018 6 WITNESS the following signature and seal: Grantor: Economic j lopment Authority of the City of Norfol,}i,,"",',, ,,. � . , � -,... _� ("111,te":ce/cEGPiTil:R81:8:::.101.7.N.:1;:'..i)- By: `��Chas E. Rigney Sr., Executive Directors(8 .. .:� 130/200 ,.* ( =: �''''(7:1A:..74, ' r`�4LTH(:). 1..%‘‘‘‘N � •: STATE OF VIRGINIA """���, CITY OF NORFOLK, to-wit: The foregoing instrument was acknowledged before me this Z i4 day of July, 2017, by Charles E. Rigney, Sr., Executive Director of the Economic Development Authority of the City of Norfolk, Grantor. r. (--- -�9 av w►� a , t i I 1el,_,1( i_m_ Notary Public My Commission Expires: / I /30/207 Notary Registration Number: '7(O 13 `Ii 9' 7 EXHIBIT "A" Parcel 1 32.932 Ac. Portion of Parcel C2 Beginning at a point on the northerly right of way line of Northampton Boulevard at its intersection with the easterly right of way line of Wesleyan Drive thence S 78° 38' 23" W, a distance of 41.27' to a point on the easterly right of way line of Wesleyan Drive; thence along the easterly right of"ay line of Wesleyan Drive N 36° 15' 29" W, a distance of 432.35' to a point; thence along the terminus of Wesleyan Drive S 58° 32' 54"W, a distance of 64.90'to a point on the easterly right of way line of Premium Outlets Boulevard;thence along the easterly right of way line of Premium Outlets Boulevard N 30° 34' 44" W, a distance of 833.35' to a point; thence leaving the easterly right of way line of Premium Outlets Boulevard N 59° 25' 12" E, a distance of 451.35' to a point thence N 03° 22' 48" E, a distance of 211.30' to a point; thence S 86° 37' 12" E, a distance of 431.87' to a point; thence S 67° 00' 16" E, a distance of 471.84'to a point; thence S 39° 01'31" E, a distance of 692.61'to a point on the northerly right of way line of Northampton Boulevard; thence along the northerly right of way line of Northampton Boulevard S 49°37'44"W, a distance of 246.27'to a point;thence along a curve to the right with an arc length of 169.26', a radius of 2814.79', a chord bearing of S 51° 3' 44" W, and a chord length of 169.23' to a point; thence S 53° 18' 09" W, a distance of 756.80'to a point which is the point of beginning. Having an area of 1,435,525 square feet or 32.932 acres. GPIN: 1458-78-3553-0000 (part of) H:\AM\Conditional Rezoning\Northampton Development\Proffer Agreement_clean 4-o6-2o18.docx 8 1 . 1 1 I I C•41 I ' ----------,-"t .C*. ,../ s... 1.-,--- , '._.. • ..,... il I \ ii -......- •: '-- . ,./ ------,-,A/) .r. ....: ,... . , .\ . . . . Ce CO ,.Nr------ 1 .1, 1 i I 11 ft ... a I ----1 II • ‘'4-. 2 ( ,// 1 , 1 , I I I , 1 ,! 04...., \ ...:. k \ -,..., Cid, \ ....;," , ..-- \ 0°. „,. 4.... vo. -,„,, i. / --. 1 . . . ,. . . . .'' . . r ... .' * /./ , \:-1 . s, • .•, . ,,• ti‘-,.. -40 .•••• j ---- - II ii , ... ' • %, --„... 1 Ii 1 4. . i --X / 1 cos 41p... • LCi „ ...... , . .,. ..... i \ \ CI .15 III 'II . 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I II .. , , . -_..ey: Lima i 1 1 (c.-- , 1 1 ii 1 ...,. . , 1 I ..".--11,\ .... ... / , I ' . , ! . , ,`u° fir jV t i- , CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: BHC, LLC, A VIRGINIA LIMITED LIABILITY COMPANY [Applicant] CHRISTINE JO HERRIT [Property Owner] Conditional Change of Zoning (B-2 Community Business to Conditional B-4 Mixed Use) & Conditional Use Permit (Multiple-Family Dwellings (Shore Drive Overlay)) on the property located at 3739 Shore Drive (GPIN 1489480844), COUNCIL DISTRICT — BAYSIDE. MEETING DATE: June 19, 2018 • Background: The subject 14,982 square foot site is zoned B-2 Community Business District. The applicant proposes to develop the property with six residential condominium units within two buildings, with a single vehicular ingress/egress point along Pendleton Avenue. As the applicant desires to develop residential units, a rezoning from the strictly commercial B-2 District is necessary, as well as a Conditional Use Permit for multi-family dwellings, per the Shore Drive Overlay requirements. All of the units will be either rear or side loaded. The front facades will feature multi-level porches and exterior building materials which include cement-fiber board siding and cedar-like vinyl shakes. Given the site's irregular shape, and the desire to meet the Shore Drive Design Guidelines, deviations to several setbacks and to the minimum lot area requirement are requested. The site has a low-lying topography and is located entirely in the AE flood zone. Any part of the first level that is below the Base Flood Elevation must be constructed with flood resistant materials and be properly vented, as set forth in the Floodplain Ordinance. The applicant is aware of these requirements. As requested by the Development Services Center (DSC), a preliminary stormwater study was provided for this site due to known flooding issues in the area. As a result of the review, the DSC has acknowledged that the proposed conceptual stormwater strategy has the potential to successfully comply with the stormwater requirements of this site. • Considerations: The proposed development of this site at a density of 17.4 units per acre is consistent with the recommendations of the Comprehensive Plan. The Plan acknowledges that infill development in the Suburban Focus Area 1 — Shore Drive Corridor be compatible with surrounding densities. The Shore Drive BHC, LLC Page 2 of 3 Overlay District permits up to 18 units per acre for sites of this size. In addition, the project reflects many of the design guidelines recommended in the Shore Drive Corridor Plan. Further details pertaining to the request, as well as Staff's evaluation of the application, are provided in the attached Staff report. A letter was received that listed concerns with stormwater and traffic. • 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. 1 . Prior to final site plan approval, a Landscape Plan shall be submitted during the site plan review process that reflects the plant material and placement depicted on the submitted landscape plan entitled, "CONCEPTUAL PLANTING PLAN," dated December 1, 2017, prepared by WPL, and is consistent with the plant lists as specified in the Shore Drive Corridor Plan. Said plan shall be submitted for review and approval by the Development Services Center Landscape Architect. 2. Any proposed fencing shall be vinyl and no taller than four (4) feet, with brick columns no taller than five feet, if adjacent to a right-of-way, and a fence no taller than six (6) feet if adjacent to private property. 3. Each unit on the site shall connect to City water and be served by a single and exclusive water service line and meter. An appropriately sized public utility easement within the rear drive aisle shall be approved by the Department of Public Utilities and recorded with the Circuit Court prior to final site plan approval. 4. Each unit on the site shall connect to City sanitary sewer and be served by a single and exclusive sanitary sewer lateral and cleanout. An appropriately sized public utility easement within the rear drive aisle shall be approved by the Department of Public Utilities and recorded with the Circuit Court prior to final site plan approval. 5. Prior to site plan approval, the existing five-foot landscape buffer easement and a one-foot no ingress/egress easement along Pendleton Avenue that was dedicated to the City of Virginia Beach via instrument number 2014100300093990 shall be removed, and a revised five-foot landscape buffer and one-foot ingress/egress easements shall be reestablished along the southern property line with the exception of the proposed entrance. BHC, LLC Page 3 of 3 ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting D- •• •. - ,' -n; • •ency: Planning Departmenttate---. City Manager: t1, 1)B Applicant BHC, LLC, a Virginia Limited Liability Company Agenda Item Property Owner Christine Jo Herrit Public Hearing May 9, 2018 (Deferred by Planning Commission,April 11,2018) City Council Election District Bayside Virginia Beach Request Conditional Rezoning (B-2 Community Business to Conditional B-4 Mixed Use) I Conditional Use Permit (Multiple-Family 4 }'ie"°^Ba„ey.,,, Dwellings) ` s4,,„ r'7.4 r•. froa�s4, Staff Recommendation P >�it Approval „,,,,,4 + ,fit z Staff Planner �6 Jimmy McNamara `' ti �� , r _ Location 1,- 3739 Shore Drive1. 4' GPIN ' { '. y 1489480844 Site Size 14,982 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay r. ' i�ff�o, r 0C A 7 �+ �r.,�f.- Existing Land Use and Zoning District 7 >_. , ' r « Vacant/ B-2 Community Business District ,f • (Shore Drive Overlay) •. _ • anm,D O' Shot• DAMP Surrounding Land Uses and Zoning Districts ,_. .�. r, ` C �' North 1 '. ,`f A P° ,�' � ._ n Shore Drive J 1� ‘ ` Nc /.-''''''' ' '-.4:-7' ---.*:li”:' Townhouse dwellings/B-4 Mixed Use(Shore Drive tlyiti,..1:* � 111' '�'f, :::' A Overlay) ' N South Single-family dwellings/R-5D Residential (Shore r�' ! .. Drive Overlay) s j ' esti . �k ` ' East � §`.� ; 'fo,�, .�+{ Vacant/B-2 Community Business (Shore Drive t,.� J• Ado 4 - .s.„.. ,;:,,,,i; 1 Overlay) ; - t die' . , West Motorcycle sales/B-2 Community Business (Shore Drive Overlay) BHC, LLC, a Virginia Limited Liability Company Agenda Item D1 Page 1 Background and Summary of Proposal • This request was deferred at the April 11, 2018 Planning Commission hearing to provide the applicant additional time to develop the proposed stormwater strategy. • This site is currently vacant, zoned B-2 Community Business District (Shore Drive Overlay) and is located adjacent to Shore Drive. The applicant is the contract purchaser and requests a Conditional Rezoning and a Conditional Use Permit to develop the property with six residential condominium dwelling units within two buildings. • One of the buildings, containing four dwelling units, will front along Shore Drive. The existing curb cut along Shore Drive will be removed, and a one-foot no ingress/egress will be established. • The second building, containing the remaining two dwelling units, will front along Pendleton Avenue. • Vehicular access to the site is proposed along the southern property line from Pendleton Avenue. All of the units will be rear or side loaded. The parking spaces will not be visible from the rights-of-way, but rather will be located on the interior of the site. • Given the site's irregular shape, and the desire to meet the Shore Drive Design Guidelines, deviations to several setbacks and to lot area are requested. Required Proposed Front Yard Setback(Feet) 30 10 Side Yard Setback(Feet) 8 5 Lot Area (Square Feet) 40,000 14,982 • A white vinyl fence with decorative brick columns is proposed along Shore Drive. While the fence panel will be four feet in height, the brick columns will extend slightly above the maximum height limit within the setback. As such, a deviation to the four foot height requirement is requested to permit the brick columns to be five feet in height. • Each of the 3-sotry buildings will be 35 feet in height. Each will either have a rear or side loading two-car garage. The front facade will feature multi-level porches and exterior building materials of cement-fiber board siding on the first and second floors and cedar vinyl shakes along the third floor. Board and batten siding is located on projections and gable ends. Colors of all materials will be a combination of earth tone colors indicative of coastal communities. The rear facades will feature cement-fiber board siding, a deck off of the second floor and craftsman style garage doors. A brick water-table feature is proposed around the entirety of the buildings. • There is an existing five-foot landscape buffer easement and a one-foot no ingress/egress easement along the entirety of Pendleton Avenue that was dedicated to the City of Virginia Beach on a plat (instrument number 2014100300093990) to prohibit commercial traffic from impacting the adjacent residential neighborhood. As part of this request, these easements will adjusted to allow for the installation of a driveway along Pendleton Avenue. BHC, LLC, a Virginia Limited Liability Company Agenda Item D1 Page 2 { f / -Jma-_ R . , y( 3 ` ' s s Zoning History I ' r: I # Request • L r _ _ 1 CRZ(B-2 to Conditional B-4)Approved 11/15/2016 _-- s- • . _-- - CUP(Multiple-Family Dwellings)Approved 11/15/2016 \ :�-- - ` --- MOD Approved 07/02/2002 {`,- 1�w% �, = CUP(Boat Sales&Small Engine Repair)Approved al, k I��..._ _ / -.,... +� -� 4: + 05/09/2000 �►� ,4„ „ CUP(Automobile Service Station)Approved 01/28/1985 ��:- �. 2 MOD(Proffers)Approved 01/12/2010 Ilki, i ; MOD(Proffers)Approved 01/22/2008 ��. : vi.' CRZ(B-2 to Conditional B-4)Approved 10/25/2005 CUP(Multiple-Family Dwellings)Approved 10/25/2005 E ;: 3 MOD(Proffers)Approved 01/12/2010 !� ZI41i: 4 CRZ(B-2 to Conditional B-4)Approved 10/25/2005 �' 7yCUP(Multiple-Family Dwellings)Approved 10/25/2005 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 The proposed development of this site with six dwelling units is consistent with the recommendations of the Comprehensive Plan for Suburban Focus Area 1—Shore Drive Corridor,which recommends compatible infill development at a density comparable with the surrounding area. The proposal results in a density of 17.4 units to the acre,which is consistent with the Shore Drive Overlay that permits up to 18 units to the acre for sites of this size. The site has a low-lying topography and is located entirely in the AE flood zone. It appears the Base Flood Elevation (BFE)for the site is seven feet. The proposed building elevations depict a garage as the lowest level. Parking, building access,and limited storage can be located on the lowest level at grade within the AE flood zone; however,the living area of the structure must be at or above an elevation two feet above the BFE. Any part of the first level that is below the BFE must be constructed with flood resistant materials and be properly vented as outlined in the Floodplain Ordinance. The applicant is aware of these requirements. Multiple deviations in regards to setbacks,fencing height, and minimum lot area have been requested. The applicant is requesting that these deficiencies be addressed 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 the deviations proposed with this request are warranted given that no adverse detrimental effects are anticipated on the surrounding properties, and given the high quality of the site and building design. The Shore Drive Corridor Plan, part of the Comprehensive Plan's Reference Handbook, includes design recommendations for the Shore Drive Corridor addressing setbacks, massing, parking location, landscaping and materials. Below is a brief evaluation of the applicable Guidelines. BHC, LLC, a Virginia Limited Liability Company Agenda Item D1 Page 3 Setbacks and Massing The Guidelines recommend placing structures close to right-of-way lines to create more architectural interest. In accordance with this recommendation,the proposed site layout requests a deviation from the required setbacks to place the proposed structures in a staggered layout closer to the right-of-way than what is permitted by right. Also recommended is that facades be articulated to reduce the scale of the structure and the one-dimensional appearance of buildings to encourage a more human scale and pedestrian orientation. The proposed site layout depicts a staggered massing with multiple plane projections to prevent a long linear massing. The elevations also depict multi-story porch features, and bay windows, both of which are consistent with the Guidelines recommendations for creating a more pedestrian scale environment. Materials The Guidelines specifically call for high quality materials for the walls, roofs, windows and doors. The proposed proffers identify materials and design elements of cement fiber siding, cedar vinyl shakes, board and batton siding, columns and accents, architectural shingles, and a water-table feature along the buildings'foundations, all of which are consistent with the Guidelines. Landscaping The Guidelines recommend that all properties fronting on Shore Drive, as the subject property does, strive to exceed City development ordinance requirements and adhere to the Shore Drive Recommended Plant Materials List. The submitted Landscape Plan depicts a high level of adherence to City requirements for landscaping. Site Layout The proposed layout depicts all parking within the site interior, and therefore not visible from the public rights-of-way. The multiple pedestrian access points and green space along Shore Drive achieves a multi-modal option for residents. The four-foot tall vinyl fence with brick columns will enclose the site from the busy Shore Drive. Consistent with the Guidelines,the front facades of the buildings have multiple street-oriented entrances. Also,the garages of the units are located in the interior of the site and are screened from view of the right-of-way. As requested by the Development Services Center(DSC), a preliminary stormwater study has been provided for this site due to known flooding issues in the area. As a result of the review, the DSC has acknowledged that the proposed conceptual stormwater strategy has the potential to successfully comply with the stormwater requirements of this site. However,this review is not a formal approval of the submitted stormwater plan. More details will be required and a formal review will take place during review of the construction plan through the DSC. Staff has worked with the applicant to include a 20 foot (two-way) driveway on Pendleton Avenue. As this is a single driveway serving a multi-family development,Traffic Engineering Staff required the access point to be a "modified commercial entrance." Right-of-way improvements (curb and gutter, improved sidewalk, etc.) will be required along Shore Drive and Pendleton Avenue with this project, and will be reviewed in more detail during final site plan review. Staff views the request to rezone this site for residential purposes as an enhancement to the Shore Drive Corridor. The transition of the property from a commercial use to a residential use certainly is beneficial to the adjacent residential neighbors. The applicant did appear before the Bayfront Advisory Commission and no opposition was raised. Staff recommends approval of the request subject to the proffers and conditions below. BHC, LLC, a Virginia Limited Liability Company Agenda Item D1 Page 4 Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA).The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, in order to achieve a coordinated design and development of this residential condominium in terms of limited vehicular access, parking, landscaping and building layout,the exhibits entitled, "CONCEPTUAL SITE PLAN EXHIBIT PARCEL B-1", drawing no. C-1.0 and drawing no. L.1.0, dated December 1, 2017, and prepared by WPL,which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning("Concept Plans") shall be substantially adhered to. Proffer 2: When the Property is developed,vehicular ingress and egress shall be via one (1) entrance from Pendleton Avenue. Proffer 3: The architectural design and exterior building materials of the buildings depicted on the Concept Plan will be substantially as depicted and designated on the two (2) exhibits entitled "3739 SHORE DRIVE TOWN HOMES" Sheets A-1 and A-2, dated 1/25/2018 and "3739 SHORE DRIVE DUPLEX, Sheet A-1", dated 1/25/2018, pepared by Jon Bengston of LPS, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). The exterior board and batten siding, fiber cement siding, premium vinyl shake,and trim will be a combination of neutral colors indicative of coastal communities which may include white,that are approved by the Planning Director. Proffer 4: When the Property is developed, there will be no more than six(6) residential condominium units as depicted on the Concept Plans. Proffer 5: 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. Recommended Conditions 1. Prior to final site plan approval, a Landscape Plan shall be submitted during the site plan review process that reflects the plant material and placement depicted on the submitted landscape plan entitled, "CONCEPTUAL PLANTING PLAN," dated December 1, 2017, prepared by WPL,and is consistent with the plant lists as specified in the Shore Drive Corridor Plan. Said plan shall be submitted for review and approval by the Development Services Center Landscape Architect. 2. Any proposed fencing shall be vinyl and no taller than four(4)feet, with brick columns no taller than five feet, if adjacent to a right-of-way,and a fence no taller than six (6)feet if adjacent to private property. 3. Each unit on the site shall connect to City water and be served by a single and exclusive water service line and meter. An appropriately sized public utility easement within the rear drive aisle shall be approved by the Department of Public Utilities and recorded with the Circuit Court prior to final site plan approval. BHC, LLC, a Virginia Limited Liability Company Agenda Item D1 Page 5 4. Each unit on the site shall connect to City sanitary sewer and be served by a single and exclusive sanitary sewer lateral and cleanout. An appropriately sized public utility easement within the rear drive aisle shall be approved by the Department of Public Utilities and recorded with the Circuit Court prior to final site plan approval. 5. Prior to site plan approval,the existing five-foot landscape buffer easement and a one-foot no ingress/egress easement along Pendleton Avenue that was dedicated to the City of Virginia Beach via instrument number 2014100300093990 shall be removed, and a revised five-foot landscape buffer and one-foot ingress/egress easements shall be reestablished along the southern property line with the exception of the proposed entrance. 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 in Suburban Focus Area 1—Shore Drive Corridor. The Shore Drive Corridor is an integral part of the Bayfront Community, extending from North Independence Boulevard to First Landing State Park. While primarily a residential community, the corridor shares the responsibility of being one of Virginia Beach's primary east-west connectors,creating unique and sometimes problematic challenges. The area is considered a resort neighborhood and not a resort destination. The Shore Drive Corridor is primarily a residential neighborhood area with commercial uses to support the residents. Planning policies that apply to this request include improving the land use compatibilities, avoiding over- commercialization, preserving and protecting the character of established neighborhoods and achieving the lowest reasonable density for future residential uses. (pp. 1-70 & 1-71) Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. The site is also located entirely in the AE Flood Zone with a Base Flood Elevation of seven feet. There are several live oak trees dispersed throughout the site. Due to their location in the middle of the site, and due to the amount of fill needed to develop the site,the live oaks will be removed. Traffic Impacts Street Name Present Volume Present Capacity _ Generated Traffic 27,300 ADT 1(LOS 4"D") Shore Drive 36,408 ADT 1 31,700 ADT 1(LOS 4"E") Existing Land Use 2-190 ADT Proposed Land Use 3-35 ADT Pendleton Avenue No Data Available 9,900 ADT 1(LOS 4"D") 1 Average Daily Trips 2 as defined by 0.35 acres of 3 as defined by six residential 4 LOS=Level of Service B-2 zoned property condominium units BHC, LLC, a Virginia Limited Liability Company Agenda Item D1 Page 6 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Shore Drive is a divided four lane urban major arterial. On the MTP Map, it is shown as a divided road with a bikeway in an ultimate right-of-way 150 feet wide. The Shore Drive and Stratford Road Intersection Improvements CIP project— will convert existing span wire emergency signal into a full traffic signal with guardrail, pedestrian improvements like crosswalks along this section of Shore Drive. The Shore Drive and Stratford Road intersection improvement project is currently in the design phase. Public Utility Impacts Water The proposed development must connect to City water. There is an existing 16-inch City water transmission main along Shore Drive and a six-inch City water main along Pendleton Avenue. Sewer The proposed development must connect to City sanitary sewer. There is an existing 18-inch HRSD force main and an eight-inch sanitary sewer gravity main along Shore Drive. There is an existing eight-inch sanitary sewer gravity main along Pendleton Avenue. Public Utilities desires for each unit in the proposed condominium development to be served by a single and exclusive water service line and meter, and a single and exclusive sanitary sewer lateral and cleanout. New individual service lines could be connected to the existing water and sanitary sewer mains located within Shore Drive and Pendleton Avenue. School Impacts School Current Enrollment Capacity Generation 1 Change 2 Thoroughgood Elementary 677 648 1 1 Great Neck Middle 1,177 1,384 1 1 Cox High 1,816 1,955 1 1 1"Generation"represents the number of students that the development will add to the school. 2"change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). 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'2•,,t 1'e,•"" ' . -. ,-.. . . 6 11-ITII- t , i - _...-... -_. ..... .. - . •- - .... : :•_____,s-0.,-..-..---;•t---..- ._ • . . . , . -_- • - .- . _ . . -.. - . . . . ._ . • . ... . .• - , . . ...;,.- -... ... ."1.-.1,,....r. _ --'• tritS; - .. . t • BHC, LLC, a Virginia Limited Liability Company Agenda Item D1 Page 15 . _ Disclosure Statement \fi3 Virginia Beach APPLICANT'S NAME BHC, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) _ Board of Zoning Encroachment Request Rezoning A• •eats Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit I1 License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 G /4-01 Jimmy McNamara BHC, LLC, a Virginia Limited Liability Company Agenda Item D1 Page 16 Disclosure Statement 1VB 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:BHC, LLC If an LLC, list all member's names: Steven W. Bishard, Manager 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 I PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. • Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name: Christine Jo Herrit If an LLC, list the member's names: Page 2 of 7 BHC, LLC, a Virginia Limited Liability Company Agenda Item D1 Page 17 Disclosure Statement 'NB Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) I "Parent-subsidiary relationship" means `a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when ii) 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 operatino 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 SEPERATELS' Page 3 of 7 BHC, LLC, a Virginia Limited Liability Company Agenda Item D1 Page 18 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 Planning Solutions-Melissa — Land Planner Venable/John Bengston Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed A purchaser of the subject property — (identify purchaser(s)and purchaser's service providers) X Construction Contractors X - Engineers/Surveyors/Agents WPL Financing (include current Union Bank X — mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Sykes,Bourdon,Ahem&Levy,P.0 * _ Real Estate Brokers / X Agents/Realtors for current and anticipated future sales of the subject nro_perty *Harry R.Purkey,Jr,,Esquire ._ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE • YES NO Does an official or employee of the City of Virginia Beach have X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 BHC, LLC, a Virginia Limited Liability Company Agenda Item D1 Page 19 . _ . Disclosure Statement 1//3 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. 11 understand that, upon receipt of notification that the application has been I scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA I meeting, or meeting of any public body or committee in connection with this Application, j BHC:LLC . Steven W. Bishard, Manager i/g 2ci APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 BHC, LLC, a Virginia Limited Liability Company Agenda Item D1 Page 20 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets—if needed) Jl RI Accounting and/or preparer of your tax return X Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than , the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed II X purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors I In Engineers/Surveyors/Agents Financing(include current Iv mortgage holders and lenders L L/.. selected or being considered to provide financing for acquisition or construction of the property) Legal Services Leslie R Watson,Esquire Real Estate Brokers/ Howard Hanna/William E.Wood& X Agents/Realtors for current and 'Associates;John R Gobble,Ill - anticipated future sales of the subject proper SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES !VO Does an official or employee of the City of Virginia Beach have n N an interest in the subject land or any proposed development I contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 BHC, LLC, a Virginia Limited Liability Company Agenda Item D1 Page 21 Disclosure Statement N/B Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this 'Application. L Christine Jo Herrit j- ,71 PROPERTY OWNER'S NA U E PRINT NAME DATE Page 7 of 7 BHC, LLC, a Virginia Limited Liability Company Agenda Item D1 Page 22 Item#D1 BHC, LLC Conditional Rezoning(B-2 Community Business to B-4 Resort Commercial) Conditional Use Permit(Multi-Family Dwellings) 3739 Shore Drive District- Bayside May 9, 2018 APPROVED -CONSENT Ms. Oliver: Thank you. The next matter is agenda item number Dl, BHC LLC, an application for a Conditional Rezoning, B-2 Community Business to B-4 Mixed Use and a Conditional Use Permit Multi-Family Dwellings on property located at 3739 Shore Drive in the Bayside District. Hi. Eddie Bourdon: Once again Mr. Chairman, Madam Vice Chair, thank you Eddie Bourdon Virginia Beach Attorney representing the applicant. We appreciate, first of all Steve Bishard principal is here with us this afternoon and we appreciate being on the Consent Agenda the Ocean Park Civic League has been briefed on this as well as the Bayfront Advisory Commission and we appreciate all the hard work of Mr. McNamara as well, thank you. Ms. Oliver: Thank you. 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. Mr. Redmond: Mr. Chairman, the applicant is requesting a Conditional Rezoning and a Conditional Use Permit to develop the property with six residential condominium dwelling units within two buildings. One of the buildings containing four dwelling units will front along Shore Drive; the existing curb cut along Shore Drive will be removed. The second building containing the remaining two dwelling units will front along Pendleton Avenue. The vehicular access to the Page 1 site is proposed along the southern property line from Pendleton Avenue. All of the units will be rear or side loaded. The parking spaces will not be visible from the rights-of-way but rather will be located on the interior of the site; each of the three story buildings will be 35-feet in height. Each will either have a rear or side loaded two-car garage. The front facade will feature multi- level porches and exterior building material of cement-fiber board siding on the first and second floors and cedar vinyl shakes along the third floor. Board and batten siding is located on projections and gable ends. Colors of all materials would be a combination of earth tone colors indicative of coastal communities. In short,this is high quality development project,well-designed on a small and funky lot, which is not easy to do. Staff recommends approval and we are unaware of any opposition of this request and as a result,we have placed it upon our consent agenda, thank you Mr. Chairman. CONDITIONS 1. Prior to final site plan approval, a Landscape Plan shall be submitted during the site plan review process that reflects the plant material and placement depicted on the submitted landscape plan entitled, "CONCEPTUAL PLANTING PLAN," dated December 1, 2017, prepared by WPL, and is consistent with the plant lists as specified in the Shore Drive Corridor Plan. Said plan shall be submitted for review and approval by the Development Services Center Landscape Architect. 2. Any proposed fencing shall be vinyl and no taller than four(4) feet, with brick columns no taller than five feet, if adjacent to a right-of-way, and a fence no taller than six (6) feet if adjacent to private property. 3. Each unit on the site shall connect to City water and be served by a single and exclusive water service line and meter. An appropriately sized public utility easement within the rear drive aisle shall be approved by the Department of Public Utilities and recorded with the Circuit Court prior to final site plan approval. 4. Each unit on the site shall connect to City sanitary sewer and be served by a single and exclusive sanitary sewer lateral and cleanout. An appropriately sized public utility easement within the rear drive aisle shall be approved by the Department of Public Utilities and recorded with the Circuit Court prior to final site plan approval. Page 2 5. Prior to site plan approval, the existing five-foot landscape buffer easement and a one- foot no ingress/egress easement along Pendleton Avenue that was dedicated to the City of Virginia Beach via instrument number 2014100300093990 shall be removed, and a revised five-foot landscape buffer and one-foot ingress/egress easements shall be reestablished along the southern property line with the exception of the proposed entrance A motion was made by Commissioner Oliver and seconded by Commissioner Hodgson to approve item DI AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY ABSENT RUCINSKI ABSENT THORNTON AYE WALL AYE WEINER AYE Pam Sandloop: By recorded vote of 9-0, agenda items one, three, five, six, nine, D1, and D3 have been approved by consent. D3 approved as modified with Commissioner Weiner abstaining from item three and Commissioner Redmond abstaining from item D3. Page 3 4.0GA....,40,„• tr.. .,,,.. .„3„.._.-t.. --' cL `,z CITY OF VIRGINIA BEACH u„,, \ii ;D ' INTER-OFFICE CORRESPONDENCE 4'S __ 6 OF OUR NPZ,ONS In Reply Refer To Our File No. DF-10058 DATE: June 6, 2018 TO: Becky Kubin DEPT: City Attorney FROM: B. Kay Wilsori DEPT: City Attorney RE: Conditional Zoning Application; BHC, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on June 19, 2018. I have reviewed the subject proffer agreement, dated January 30, 2018 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 BHC, LLC, a Virginia limited liability company CHRISTINE JO HERRIT a/k/a CHRISTINE JO HERRITT TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30th day of JANUARY, 2018, by BHC, LLC, a Virginia limited liability company, Grantor, party of the first part; CHRISTINE JO HERRIT a/k/a CHRISTINE JO HERRITT, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the party of the second part is the owner of that parcel of property located in the Bayside District of the City of Virginia Beach, containing approximately .3439 acres, which is more particularly described as Parcel 1 in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcels are herein together referred to as the "Property"; and WHEREAS, the party of the first part is the contract purchaser of the parcel described in Exhibit "A" and 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 unconditional B-2 Community Business District to Conditional B-4 Resort Commercial District (SD); 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 GPIN: 1489-48-0844-0000 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 WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's 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 B-4 Zoning District and the Shore Drive Overlay 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 covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantee, and other successors in interest or title: i. When the Property is developed, in order to achieve a coordinated design and development of this residential condominium in terms of limited vehicular access, parking, landscaping and building layout, the exhibits entitled, "CONCEPTUAL SITE PLAN EXHIBIT PARCEL B-i", drawing no. C-i.o and drawing no. L.i.o, dated December i, 2017, and prepared by WPL, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Concept Plans") shall be substantially adhered to. 2. When the Property is developed, vehicular ingress and egress shall be via one (i) entrance from Pendleton Avenue. 2 3. The architectural design and exterior building materials of the buildings depicted on the Concept Plan will be substantially as depicted and designated on the two (2) exhibits entitled"3739 SHORE DRIVE TOWN HOMES"Sheets A-1 and A-2, dated 1/25/2018 and "3739 SHORE DRIVE DUPLEX, Sheet A-1, dated 1/25/2018, prepared by Jon Bengston of LPS, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). The exterior board and batten siding, fiber cement siding and trim will be a combination of neutral colors indicative of coastal communities which may include white, that are approved by the Planning Director. 4. When the Property is developed, there will be no more than six (6) residential condominium units as depicted on the Concept Plans. 5. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 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: (i) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions 3 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. • 4 WITNESS the following signature and seal: Grantor: BHC, LLC, a Virginia limited liability company / / By: /,--/-/ A- 1 (SEAL) Steven W. Bishard, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this J S t day of �, 2018,by Steven W. Bishard, Manager of BHC, LLC,a Virginia limited liability company, rantor. Notary Pu c My Commission Expires: ct 3 ti 2.424 Notary Registration Number: (251S + MELONIE MCHUGH Notary Public I Commonwealth of Virginia Registration No.256255 My Commission Expires Aug 31,2021 5 WITNESS the following signature and seal: Grantor: /4 4 , �,� -��"'',5C (SEAL) Christine Jo r t a/k/a Christine Jo Herritt STATE OF N01 Ca((pi i nq 1 CITY/COUNTY OF-VIRGINIA EACI�/#o-wit: -t-�'• C vvr4v2 6.(-1. majt" ' ' The foregoing instrument was acknowledged before me this 3,�rrl day of 2018, by Christine Jo Herrit a/k/a Christine Jo Herritt, Grantor. ^_`._ - - • '----f/V..ektb, Ai . 4(1' - t✓ Notary Public _� c) 7 My Commission Expires: - ; ' `` Notary Registration Number: 6 EXHIBIT "A" PARCEL 1: All that certain piece or parcel of land located in the Bayside District of the City of Virginia Beach, Virginia designated as Lot "B-114,982 SF, 0.3439 AC." on that "RESUBDIVISION OF LOTS A, B & 8, BLOCK 27 OCEAN PARK (MB. 107 P. 7, MB. 5 P. 69) Virginia Beach, Virginia", prepared by DKT Associates and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 2014100300093990. GPIN: 1489-48-0844-0000 H:\AM\Conditional Rezoning\BHC LLC\3739 Shore Drive\Proffer Agreement.docx 7 \ \ \ . ,,i, J '---j. \ ‘ -_-_),. i.„":ll ,,,, ,, , it , _ , , I „I , ii , ,, ‘..._________.s-i „ \, ,_.,, , ,,. _ I i . 1 a i I\-- 21 Z ' it -----'- 1 ' 11 II ..,......J __-- 1 k ,,, , , - - ----ii . :, ____.--------A------\ \ ' t it , \ \--7 \ \ t, 1 , 1 \ i i % \,.._ Ce..- 1111 1, . 11 1, 1, ..., ..„...---' '1,, 1, 111.01' IL--2 %VP i 11 I i iI I, 1 a i a 1 ....1 r-----'-''\ 0 ---,- .-f---1 lii ‘ ..- - , 0 ‘ k I, li \ 1,..„..,... _I 1.- ‘ \ C31 C: 1 \ tti \ li. 1 , et _A ,I ici ,II 0 litt . \ lit, I II ---- __ ..--,---'---- \ It IL-- . I k _- - / IA. 1616,4 0 1161106 te, _ _ -- ,e--,, -74)‘ '11111111h _______-----1, . c , , , e it ii IIIILL-5---- ii 111111\1>1111 __---- , or. C\ . . ‘. , t.--... 000 ...... 0 , _.,,,.......__ c--- \ _\ . 11 ,......_. I ttiked 1 ''. • . _ _ \_..........._,i_::- • ' til, \.......P''''... 1 ...........'. 3 ,......-- 1 1 c 1 _--,-- 'W. i I Iii 4,01a." il 4_,---'-'-'s gj1 V.,.......,- ..._,...-,--".---‘ I \ \ I InIt-A,--''----- -' i1 Cie ''.1 I 0 j E : .,it r-----IX `i • ', C-- 1 1 I i 1, \ el , 1, 'I,.til ,Is I , 'Tr . , \ . • 1, , , IX _ -- ,. -,11 7. „, .1 ,. , ' , \----- t ! . et ,„ 11 , 1 ,It t,_ ... ,,,, c , ,Fr _, $,1.:, („„, J CC`Yiv�- CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: BEACH BUILDING GROUP, INC. [Applicant] MCQ BUILDERS LLC-2 [Property Owner] Special Exemption for Alternative Compliance (Section 2.9 of the Oceanfront Resort District Form-Based Code) for the property located at 521 & 523 20th Street (GPIN 24179778950000), COUNCIL DISTRICT — BEACH. MEETING DATE: June 19, 2018 • Background: The subject 7,800 square foot site is zoned Oceanfront Resort District, and has the potential to yield up to four dwelling units as a matter of right. The former duplex on the site has been demolished, as the applicant proposes to redevelop the site with three separate residential units. The proposed unit facing the alley (20th 1/2 Street) will be centered behind the two units fronting 20th Street, and will not meet the setback or lot width requirements of Section 2.4.2(a)(3) of the Form- Based Code. Based on this, a Special Exemption for Alternative Compliance is requested. Two on-site parking spaces will be provided for each unit. All vehicular access will be from the alley, preserving public on-street parking in front of the property. The submitted elevations depict buildings with deep front porches, balconies, with exterior building materials of cement-fiber board siding and shake. • Considerations: The Planning Commission concurred with Staff's view that the proposal sufficiently meets the applicable Review Standards for Alternative Compliance applications. Redeveloping the site with three single family dwellings is more desirable in this section of the Oceanfront than with the by-right option of a four- unit, multi-family structure. Right-of-way improvements are planned along 20th Street, including the installation of a sidewalk and street trees. Further details pertaining to the request, as well as Staff's evaluation of the application, 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 8-0 with 1 abstention, to recommend approval of this request. Beach Building Group, Inc. Page 2 of 3 1. When the property is developed, with the exception of any conditions below, it shall be substantially in accordance with the submitted site exhibit entitled, "ALTERNATIVE COMPLIANCE EXHIBIT, SITE IMPROVEMENT PLAN," dated 02-27-2018, as prepared by WPL. 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 site is developed, with the exception of any conditions below, the structures constructed shall have the architectural features, materials, and appearance of like quality and character to the architectural elevation exhibits entitled, "DETACHED HOMES AT 20TH," dated 4-13-18, as prepared by Beach Building Group. These elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 3. With the exception of the garages, each unit shall have a finished floor elevation of no less than two feet from the ground, as prescribed by the Oceanfront Resort District Form-Based Code. 4. Where "planting bed" is called out on the submitted site exhibit, a mixture of ground cover, evergreen, woody, grassy, and ornamental plantings shall be used. As part of site plan review, where the planting bed is over four feet in dimension, the Development Services Center Landscape Reviewer may request up to 200% of the number of plantings required to meet the minimum foundation landscaping criteria. 5. All plantings shall be maintained in good health. Plantings that fail to grow shall be replaced with a similar type of plant or a plant type approved by the Development Services Center. 6. The applicant shall make all right-of-way improvements as required for 20th Street and 20th 1/2 Street and as further required by Public Works Traffic Engineering and the Development Services Center as part of site plan review. 7. All mechanical equipment, including but not limited to HVAC units, shall be screened year-round by landscaping or maintenance free fencing. All trash receptacles shall be stored in a manner such that they are not capable of being viewed from the public right-of-way. 8. Each of the proposed Detached Houses shall not be used for any other principle use than one single-family dwelling. Beach Building Group, Inc. Page 3 of 3 • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department )i27F----' City Manager: Applicant Beach Building Group, Inc.NIB Agenda Item Property Owner MCQ Builders LLC-2 Public Hearing May 9, 2018 City Council Election District Beach 3 Virginia Beach Request 0.e° Q/qe D 2.10,5"°Alternative Compliance (Section 2.9 of the `°' „�4 O PK'la^e a f 26+„s. ee+ 20Ha++saes+ v es+ R Oceanfront Resort District Form Based Code) `PZ7 � cl ' L rftip,..—N4 f �r 15„Ha„SaNSaee` Noe bed DrIVe P APZ2 Staff Recommendation WaveWave fro n<c.r.e BRreet taro 5'ht1V6 S'”‘ 2rdsII ee Approval .. {\fi.i N: . i_`;' -. C rE 07.1 s SW”'R'i1 :1'1 Y 2 Zpt„S`e D Staff Planner o V264da! ; t Kristine Gay 264 r Z „sv ee+ A 1.€0 s.ee` € % >75 2B DUL o °� �gea0,,00leea,a t Location 2 I �vM nee 521 and 523 20th Street y6„S i. x 'A0,9e� GPIN - ,5+„S•ee` „Scree+ 24179778950000 AP72 °'+ ,nev „SQee` + r ,VT„s'ee ee+ Site Size API, "'"S` 7,800 SF AICUZ 70-75 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District OP ' ' ., '`' ) ,� Demolished duplex/ OR Oceanfront Resort � g� -�- , w ”" ,, a rt,. .--, District v``' i„ r 11.• , t�.r r • Surrounding Land Uses and Zoning Districts i North V t Residential/OR Oceanfront Resort ' - �” 4. • icrd ' r South a , 1rUM. * . 1 1 , ' ' Residential/OR Oceanfront Resort ` t East P . • ,h / . `ill' 1,Residential/OR Oceanfront Resort ¢ , , j+" _ .ill `• West I .-s . Residential/OR Oceanfront Resort • - ' 4 t . . . ,,,i,,_ , ,..„ A Beach Building Group, Inc. Agenda Item 3 Page 1 Background and Summary of Proposal • Following the prescribed criteria for the Apartment Building Type or the Detached House Building Type, the subject site is capable of yielding up to four dwelling units as shown on the Development Options exhibit below. To accommodate garage access to each of the units, the applicant is proposing to develop the site with three units on one lot. Section 2.4.2(a)(3) of the Form-Based Code states that, "When multiple primary buildings or building types are placed on the same lot, each building must be able to meet the minimum lot criteria of its associated building type whether or not actual lot lines exist." The proposed layout does not provide the minimum lot width or minimum lot area for the rear unit; thus, the applicant is requesting a Special Exception for Alternative Compliance to permit their alternative proposal. • As shown on the submitted plan, two units are located near 20th Street, and one unit is located near the alley of 20th%2 Street and centered within the site.Two parking spaces will be provided for each unit, and all vehicular access will be from the alley. Direct pedestrian access will be provided for each unit from 20th Street. • As shown on the submitted elevations, the front units will have eight-foot deep front porches and balconies. Cement fiber siding, shake, and board & batten will be the primary facade materials. A brick porch skirt, and white trim, horizontal banding between floors, gable moulding, and brackets are additionally proposed. The rear unit will use the same materials and will also have front and back stoops as well as a paver patio and rear balcony. Development Options _ _ III I1 M ODD mmm mmm Ar.r# An C ma MI( Nmmmmm�mm mu === m um l= MI butt urn R, _�■ ■.i �ma. Ian■ Immo l_s1 p l� HI r r nam 1rsau, 1111111 ..' 1111 / Wil 111 - r-' I I I i Titi ,� �iMr By Right By-Right By-Right By-Right Alternative Optional Form Compliance 4 Units 3 Units 4 Units 3 Units 3 Units 1 tot,60 x 130 3 Lots,20'x 130' 2 Lots,30'x 130' 2 Lots,30'x 130' 1 Lot,60'x 130' 1 Apartment 3 Row House 2 Detached House 2 Detached House 3 Detached House Building Type Building Types Building Types Building Types& Budding Types 1 Backyard Cottage Beach Building Group, Inc. Agenda Item 3 Page 2 OR -1 �9Rr�t �y • r110VD History C # Request 1 r��/ J 1 NON Approved 04/09/1993 C\ %�� 2 AC Approved 04/09/2014 • -— 3 AC Approved 04/13/2016 k ` Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—FloodplainVariance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation Staff finds that the proposals sufficiently meets the applicable review standards and recommends approval following the conditions recommended below. 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. Direct pedestrian access is provided from each unit to 20th Street, where a six-foot wide sidewalk will be provided. All vehicular access will be from the alley of 20th%2 Street, this increases the safety of the sidewalk by removing vehicular conflict points. Eight-foot deep front porches and landscaping will be adjacent to the public sidewalk. Because deep front porches are more likely to be used than shallow porches, the safety of the pedestrian environment will increase by having more "eyes on the street," this will further encourage residents to walk instead of drive. Creates a built environment that is in scale with pedestrian-oriented activities and provides visual interest and orientation for pedestrians. The proposed single-family homes within three Detached House Building Types will be more pedestrian-scaled than the by-right options of four units within an Apartment Building Type or four front-to-back duplex units within two Detached House Building Types. The proposed elevations include a variety of quality materials, hand-scaled fenestration, and facade accents that will further enhance the pedestrian scale. 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. The proposal provides only the use of single-family dwellings, however, this use is compatible with the existing and recent development on 20th Street. Per the prescribed criteria of the code, the rear unit would be 700 SF in area and Beach Building Group, Inc. Agenda Item 3 Page 3 located on a lot shared with just one other Detached House Building Type.Accordingly, following the prescribed criteria of the Detached House Building Type would have resulted in a greater mixture of size/cost of the single-family units. Is consistent with the intent of the regulations applicable to the street frontage in which it is located. The site is located on a Beach Street Frontage Type.This is a quieter Street Frontage Type that is meant for smaller buildings and is to accommodate pedestrian movement from the residential areas to the beach.The proposal meets the intent of the Street Frontage Type more than the by-right option of a 45-foot tall Apartment Building Type.The proposed development will reach just 37.5 feet in height and will also provide more open space and human-scaled design than the permitted Apartment Building Type. Is physically and functionally integrated with the built environment in which it is located. The massing, access, and utility service to the proposed development will be well-integrated with the surrounding built environment.The alley will be widened as part of this approval to better accommodate vehicles and the streetscape will be improved with a sidewalk and street trees as required through site plan review. Each unit will be individually served by City Water and City Sanitary Sewer. By using pitched roofs and being ten feet shorter than the permitted maximum height the proposed use will be more physically integrated into the surrounding area than development that may be permitted by-right. Advances the goals and objectives of the parking strategy for the District. No alternative is being requested for the prescribed parking requirements.Two spaces will be provided for each unit. By providing all vehicular access from the alley,the proposal will also preserve public on-street parking spaces. 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. The proposal does not appear to result in any evident adverse impacts.The rear unit is the principal reason for the requested Alternative Compliance.This unit will be substantially smaller in scale than the rear portion of a permitted Apartment Building Type and will be setback an additional 15 feet from each side lot line.Single-family homes typically have a higher number of vehicle trips per day than smaller apartment units, however, the applicant is proposing to develop one less unit than what is permitted by-right. Recommended Conditions 1. When the property is developed,with the exception of any conditions below, it shall be substantially in accordance with the submitted site exhibit entitled, "ALTERNATIVE COMPLIANCE EXHIBIT,SITE IMPROVEMENT PLAN," dated 02-27-2018, as prepared by WPL. 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 site is developed, with the exception of any conditions below,the structures constructed shall have the architectural features, materials, and appearance of like quality and character to the architectural elevation exhibits entitled, "DETACHED HOMES AT 20TH," dated 4-13-18, as prepared by Beach Building Group.These elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 3. With the exception of the garages, each unit shall have a finished floor elevation of no less than two feet, as prescribed by the Oceanfront Resort District Form-Based Code. 4. Where "planting bed" is called out on the submitted site exhibit, a mixture of ground cover, evergreen, woody, grassy, and ornamental plantings shall be used.As part of site plan review, where the planting bed is over four feet in dimension,the Development Services Center Landscape Reviewer may request up to 200%of the number of plantings required to meet the minimum foundation landscaping criteria. Beach Building Group, Inc. Agenda Item 3 Page 4 5. All plantings shall be maintained in good health. Plantings that fail to grow shall be replaced with a similar type of plant or a plant type approved by the Development Services Center. 6. The applicant shall make all right-of-way improvements as required for 20th Street and 20th 1/2 Street and as further required by Public Works Traffic Engineering and the Development Services Center as part of site plan review. 7. All mechanical equipment, including but not limited to HVAC units, shall be screened year-round by landscaping or maintenance free fencing. All trash receptacles shall be stored in a manner such that they are not capable of being viewed from the public right-of-way. 8. Each of the proposed Detached Houses shall not be used for any other principle use than one single-family dwelling. 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. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 20th Street No Data Available No Data Available BY Right Land Use 1—23 ADT 2 Proposed Land Use 3-30 ADT 1 Duplex,four units 2Average Daily Trips 3Three single-family homes Beach Building Group, Inc. Agenda Item 3 Page 5 Public Utility Impacts Water The two existing 5/8-inch meters (City ID#95052320&#95119600) may be used or upgraded to accommodate the proposed development. Each dwelling unit of the proposed development must connect to City water with an individual and exclusive water tap and meter. Sewer This site is currently connected to City sanitary sewer through a single service lateral. Each dwelling unit of the proposed development must connect to the deep 24-inch sanitary sewer main with an individual and exclusive sanitary sewer tap and cleanout. Beach Building Group, Inc. Agenda Item 3 Page 6 Proposed Site Layout PROPOSED[IAa7 t Atra ?O ,/2 (EH(25' )loaf STREET I"RAW OZNCION I POKES r _.::._- N 76'08'057,E 60' --""---,'•-r'-7=-,' — , .-- ;_-_- , _. .. � .� "\ - ,PROPOSED kom d4vervn�r dF PROPOSED IttwIENVICE (xr (Inrru)• I FREE 4'PICKET ffaGE T aavfls' - ; due N RT:E rIair,/)P. I .. N 1 w FENCE NOTRIT M. 1300• - QTaa-Ir ORAE7Mr RUNNER'S 0 PORCH'•, i ❑ MOW u1/s' `� '� _ • Iwrv[wtr Atetxcxs tMM/EWAICE FREE n' PIOl01C'1/EI1t7 KMM' ❑ f ;>-err ' SDE[Or LAWS IIP. I ❑ i D A l'''''''' ❑ 2 //2-57D�PY ruvrDww,E n!¢n' ONELLMC rAMMCo FENCE ALONG ,� ❑ 4,4 sae tar twe;r% y� I : EL' LOT 28A I Boa y/ et .. tE45q ❑ I� �4' 2 PERVENIZ MVP ..41A911164131/MICK Isi Tr1 r 31. ❑❑ /: �W Ims21e1a f W1REM d iROFHER (MB.5.PC.103) • r S F (M.B.5.PC.101) CRN:2417 57 7814 I 1317' Id .• I h aw GPO,- s 2417-57-8845 cnnc>�nr ■_❑/�/ ❑r .1101:1.• rvxlwr it - 21.50'M . 1'+ 21.50\ , u 01l/GtlCW MAC ' AMC C/72gR 3W' ISORER twos DIM STONES I .. .-:4,% - I N. PROPOSED 1. ' a PROPOSED e 2 L/2-$7aaV ` '.10 2 l/2-STORY �- ONEZL/NO OIYELLN/0 i ,•er, .:N.cl-- fdL 21.50' II.50" 7 ,' 5' • G7F !x g too'TO 8L P1 ..i 8 tl g `+' 71.50•-— NEA'/OBBNEW AMP, 0 1'COT.OTE MAW, I '1 1 wa•3. CONCRETE , CONN FaTO v I CONNECTION R IaM 57RE£! 1.4 - , _ —� PROPOSED COW CURDe — — '311111. — — — — — — — , — — — CUTTER PAN(LOO-CO-1) SD?A Awur EXAPISTON (80'RAV) 201W (FORAEERLY VRGW4 AVENUE)STREET : (T,aw„ (ma 5• P0. 40.7) - EL-11.04 Beach Building Group, Inc. Agenda Item 3 Page 7 Proposed Landscape Plan 20th t/2 („(. 5e9,,,,, STREET , .,,,,_N 715-08.05',E 60. . , • •‘\--'—,,- --. -- /Iii,,,,#- //A / W 1 Xi.t , . . . ' s P.- \ / I ,7. c.. ' 0 \ 1 . ' o El N: I n'W ElbS /„X' I 7,E2 n'w . F 1 . ..._ ., 1 ...,. 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LI • •;•:•.•;. nil i 4. : ::11-1 ,1 ,%.1-:... 1.:-:, ...In III 4, MI „, 1 ii,n7,„1„,„, - ce . ith, r----p, ok ...•,..\... ...!.......:1 moon 11111111111 — F LEV i . .1 ;.•,.. t.pr e.8 t•s, .., t"' r i ,..-• ,•, $ k Beach Building Group, Inc. Agenda Item 3 Page 10 Disclosure Statement ir,11•1 APPLICANT'S NAME Betel Building Group, 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 (EDLP) 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 haee a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Page l of7 - �❑ H L2 'l ice- ' Kristine Gay ❑ Beach Building Group, Inc. Agenda Item 3 Page 11 Disclosure Statement 1/13 7 (-heck here if the APPI.1(.ANT 15 NOT a i!..ciipo- tion, parrherstiip, hrrn, • -- business. ;r other uriira 1>A, Lher.k: here f •.t•!e APPLICANT (5 i perat:ur:, part•iersl-ip firm his ies , Unill(f)rp(),'FstPi: cr. tA) ril rfr!! Cru /-: it attC. ici• rkiir-:::,:•!`•, It a •C-OkPl.:R..4— thi p!! .:.11 officers cliro•:Iii!!: !Terrt.iihs. Jonatharl P! Phu (E) or '.11 2 IhII) „,,Ath Alt AL-1.1licorit C. VR Rd tC: See ri4.-.•!“ ;1;9 intr,Trmitior 1:e7tArt rig frjUVI:Yri”.I and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 Ch? ii rroperty owner is different from Aplicant, Ti Ch(.,(k herd if the PROPERTY OWNER IS NO I cbrporaton, partnersrnp. firrrr, business, or or.he- n nr.or pram ec orgar IXI Check he-c if tr.e PROPERTY OWNER IS a coroormiur. parE7iut f• p. nusiness, or other ,inirirorpordlcd AND THEN. rcirripc the (A) 1st P-opc!ty Owner's rarne LLC. list the rrierribe,r'! 1",,IfTleS WI ran' H. ki.cCutc.7.en^ Jr. and CrriSlOreD Mc.Culcheor Pdgc 2 o; 7 Beach Building Group, Inc. Agenda Item 3 Page 12 Disclosure Statement 104B It a CryporAtiori nines 'Dian oil c t (MC':t( S Te'rre-5, (Attoch :rsr (g) Lis: (I ("{=• (:I t*ftriP 0.A•nct C&J , C 1.75 I. riot's L C 1 • SECT ION 3. SERVICES DISCLOSURE A dtry, Li H y IF 11 cc. ut opp: ro stp(.1,11(,1 r.;! t .;i-t ILS -: 3n IA ANII : FFFi , I .V \01 - I (, fiL THT - 3 ..31. 7 Beach Building Group, Inc. Agenda Item 3 Page 13 Disclosure Statement 4\P3 APPLICANT YES NO SERVICE PROVIDER (u•.c add tion& shCcti it reeded) ' Accounting and/or prepart:r of FC.IA 1-1 your tab. return :architect ;• Landscape Architect , t' I ar�.d Planner 1-'t Contract Parc baser of other than Ihr Applicant) identrfpurchase t anti purth.rser's service providers Any oilier prnding or proposed I 1\./1 13c:rchaser of the strt,Jr•+ t property �`� (idvr ifl• trust ht. e1(S} and purchaser's service prc� itlr�rs} Construction Contractors E•± r L`: , , + . Ergirseers ,% Surveyors!' Vy,-t. Findr,(irry (include current }ortgagc holders dr:d lenders °•I ,+ tectc-J or being considered to provide firiancir y for acquisition or construction of the propert- 1 t r egai Services EJ. i,,,i _, ; ` al Es.a: k?rrl: F4, r,,;. , F I' 'c'r t-er .ird r ' i—° cit: .t.4 •_t,L e :.i ec: .. SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR LivIPLOYEE YES NO Dcic�.s ori official or etriplov'f,e of the City of Virginia Beach an interest in the subject land Or any proposed developrnent ntingenL on the subject public action.' Nom! 'I'! t drt=_ ,.I Litt ! `!'�_. ��'t-C .._-I,_S 'r'`S .4 (': tl r:. sit 'hi- Page 4 :t i Beach Building Group, Inc. Agenda Item 3 Page 14 Disclosure Statement CERTIFICATION: I teitify that a of:l nni mn Crt containec: ir th:‘, ti u e Statenierit Forrl complete, tr,ie, ariddc,:o.ate. I LirOn lot pt..t..:!ic healing, I am responsible tor updating the informationr provided herein two w.eeks prior to the Planning Coriirnission, Council, VEDA meeting. or meeting of any public body or committee in connection with this: Application. -V, - N I Ti Pdge 5 uf 7 Beach Building Group, Inc. Agenda Item 3 Page 15 Disclosure Statement 'VB OWNER r' ;k I YES NO SERVICE PRONIMFR rricr ar.citin1al .hret5 it ncrdrd) IActtluntlnq itnd`ctr preparer 01 t rc":Kee your tax return I Architect ,` ldr,d cr€I:*' Ali Land Pl,rnr=ter c c-nurat i Puicha tr 1,11 other I'i til i i the Applicants identify purchaser and purchaser's sert'ice providers Any otter pending ur prrtlt:rseet [J ' purchaser of the subject property (, ' (identit`y purctt<tscris:l anC purr tiact.i's service: providers) Cort,,true litrrt t..nntractorsAi-. I rrgirreers .' Surveyors.' Aunts financing Cinr_Itrtic current --t rr•ttrtc.rge holders and lenders I _ selected or being catr...id ted to provide frnanc.ing for acgci citron 0! construction, u{ tht t)r0perty1 t ego! "�a•v rtt 5 ti::t ''.t :. 'til. C irfr!i is \x'!' '.rlre at il:t. _ I 4,11!10. %ale', 0' ! At' SEC HON 4, KNOWN INTEREST BY PUB! IC OFFICIAL OR EMPLOYEE YES NO Dugs an official or e.rnployee of the (.itg of ir!rginia B c h ttatt an interest in thr subacct lana: or any propo%ed develootntent contingent ori the subject public action? ..I.r.l. .,,t' i is nildont -A'Ad! • t•"I t.' 'lill.ttl_ Il'•: 6 P4 .ge :jt 7 Beach Building Group, Inc. Agenda Item 3 Page 16 Disclosure Statement 1,1B Virginia Beach CERTIFICATION: certify that all of the info-matron contained in this a.sclosure Statement Form is complete, true, and accurate. I uncerstanc 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, , PR.C,PERTV OINNES SICNA-b r PRINT NM.W DA It el, f "�M -`erste I.Lc -Z Paw7af7 Beach Building Group, Inc. Agenda Item 3 Page 17 Item#3 Beach Building Group,Inc. Alternative Compliance 521 & 523 20th Street District-Beach May 9, 2018 APPROVED -CONSENT Ms. Oliver: Thank you, the next matter is agenda item number 3, and this is an application for Beach Building Group Inc for an Alternative Compliance on property located at 521 and 523 on the 20th street in the Beach District. Good afternoon. Mr. Bourdon:Good afternoon Ms. Oliver and Mr. Chairman and members of the Commission, again for the record Eddie Bourdon, Virginia Beach attorney representing, the two applicants Beach Building Group is present with Mr. Jonathan Spade, we appreciate the work of Kristine on this application, all eight conditions is recommended are acceptable to my client and we also greatly appreciate being on the consent agenda, thank you. Ms. Oliver: Thank you. Is there any opposition to this being placed on the consent agenda, hearing none, the chairman has asked Commissioner Hodgson to read this into the record. Mr. Hodgson:Thank you Ms. Oliver. The applicant is requesting an Alternative Compliance to the Oceanfront, Form-Based Code for beach property on 20th Street at the oceanfront. The subject site is capable of yielding up to four dwelling units to accommodate garage excess to each of the units, and the applicant is proposing to develop the site with three units on one lot. Form-Based Code states that when multiple primary buildings or building types are placed on the same lot, each building must be able to meet the minimum lot criteria of its associated building type whether or not actual lot lines exist. The proposed layout does not provide the minimum lot width or Page 1 minimum lot area for the rear unit, thus the applicant is requesting the Special Exemption for Alternative Compliance to permit this alternative proposal. As shown on the submitted plan, two units are proposed on 20th Street and one unit is located near the alley on 20th 1/2 Street and centered within the site. Two parking spaces will be provided for each unit and all vehicular access will be from the alley. Direct pedestrian access will be provided for each unit from 20th Street. Staff finds that the proposal sufficiently meets the applicable review standards and recommends approval. The Commission is in agreement with this and we placed it on our consent agenda, and I think the developer came up with a very creative way to develop this site and a way that I hope we see more in the future. I mean just with the building materials, he is removing the curb cuts that would be on 20th Street and having driveway access from the alley using pavers instead of big slabs of concrete down the oceanfront and the quality of product that this builder builds. I know this will be a very nice development. CONDITIONS 1. When the property is developed, with the exception of any conditions below, it shall be substantially in accordance with the submitted site exhibit entitled, "ALTERNATIVE COMPLIANCE EXHIBIT, SITE IMPROVEMENT PLAN,"dated 02-27-2018, as prepared by WPL. 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 site is developed, with the exception of any conditions below, the structures constructed shall have the architectural features, materials, and appearance of like quality and character to the architectural elevation exhibits entitled, "DETACHED HOMES AT 20TH,"dated 4-13-18, as prepared by Beach Building Group. These elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 3. With the exception of the garages, each unit shall have a finished floor elevation of no less than two feet, as prescribed by the Oceanfront Resort District Form-Based Code. 4. Where "planting bed" is called out on the submitted site exhibit, a mixture of ground cover, evergreen, woody, grassy, and ornamental plantings shall be used. As part of site Page 2 plan review, where the planting bed is over four feet in dimension, the Development Services Center Landscape Reviewer may request up to 200% of the number of plantings required to meet the minimum foundation landscaping criteria. 5. All plantings shall be maintained in good health. Plantings that fail to grow shall be replaced with a similar type of plant or a plant type approved by the Development Services Center. 6. The applicant shall make all right-of-way improvements as required for 20`h Street and 20th 1/2 Street and as further required by Public Works Traffic Engineering and the Development Services Center as part of site plan review. 7. All mechanical equipment, including but not limited to HVAC units, shall be screened year-round by landscaping or maintenance free fencing. All trash receptacles shall be stored in a manner such that they are not capable of being viewed from the public right- of-way. 8. Each of the proposed Detached Houses shall not be used for any other principle use than one single-family dwelling. A motion was made by Commissioner Oliver and seconded by Commissioner Hodgson to approve item 3. AYE 8 NAY 0 ABS 1 ABSENT 2 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY ABSENT RUCINSKI ABSENT THORNTON AYE Page 3 WALL AYE WEINER ABSTAIN Pam Sandloop: By a recorded vote of 9-0, agenda items one, three, five, six, nine, D1, and D3 have been approved by consent. D3 approved as modified with Commissioner Weiner abstaining from item three and Commissioner Redmond abstaining from item D3. Page 4 j-----1E31-1 DLL" tr.„ - a oC::] ------------s----. 147,-.6Ce 1-1:-I-1 CQ 0 t ". CI3 ' [C:J C ' ' w �cji ,s, o ,(:: , 0 tie [::::1er, bsoJleq60 @r ifi \ '(::,3' Q Q 1°. t , !1 Ei it .')\i %O 411 . 0 O 0 # . O ` cfn 4.0 sb. 0 * O 0 • VI°/\/ 0* 01%. 11: If s Cif;i CITY OF VIRGINIA BEACH AGENDA ITEM } ITEM: GINA ARNEY [Applicant] BARBARA ARNEY & KENNETH T. BAREFOOT [Property Owners] Conditional Use Permit (Family Day-Care Home) 600 Iris Lane (GPIN 1477195075), COUNCIL DISTRICT— BAYSIDE MEETING DATE: June 19, 2018 • Background: The applicant requests a Conditional Use Permit for a Family Day-Care Home in order to provide care for up to 12 children within a single-family dwelling. The property has an enclosed back yard for children to play safely outdoors. The proposed typical hours of operation are 6:00 a.m. to 6:00 p.m., Monday through Friday. • Considerations: Quality daycare is a valuable service for families with young children. The site is a large residential lot with adequate room for client parking. A condition is recommended that requires both the pickup and drop off times be staggered in order to alleviate the potential for congestion in the rights-of-way. 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: 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. 1 . Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license with the Commonwealth of Virginia, Department of Social Services. 4. Any sign identifying the home occupation shall be non-illuminated, not more than one (1) square foot in area and mounted flat against the residence. Gina Arney Page 2 of 2 5. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a family day-care home. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De• -rt - ;gency: Planning Department � JC� City Manager: j. ��i Applicant Gina Arney Agenda Item Property Owner Barbara Arney & Kenneth T. Barefoot Public Hearing May 9, 2018 Cityof City Council Election District Bayside Virginia Beach Request Conditional Use Permit(Family Day-Care \k ‘ ‘ Home) y'"ww+ v+ Staff Recommendation - I ` \ t' Approval f > 00 0. Staff Planner '4 Robert Davis LocationCs, 600 Iris Lane4, °' ,,,-, GPIN , 1477195075 ""°^' Site Size 12,195 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District 0 0, ,, , Single-family dwelling /R-7.5 Residential tla4 Surrounding Land Uses and Zoning Districts °ilk iviokoS ® -' North ,, • . c - Single-family dwelling /R-7.5 Residential f South t 1.f ` Single-family dwelling /R-7.5 Residential , f -. 4 East ?'- it , .... . . .-- Jacqueline Avenue Y ', &/.w ' $4 Single-family dwelling /R-7.5 Residential West Iris Lane '' `r 4 Single-family dwelling /R-7.5 Residential l v `; �i� ' k . f _ < Gina Arney Agenda Item 1 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Use Permit for a Family Day-Care Home to care for up to 12 children within a single-family dwelling. • According to the application, the applicant has two years of experience working in the childcare field. • The property has an enclosed back yard for the children to play safely outdoors. • The proposed hours of operation are 6:00 a.m.to 6:00 p.m., Monday through Friday. \ R4 5 No Zoning History to Report R-7:5 R-7,5 R-7.5 96 R-74 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 The proposed Conditional Use Permit request for a Family Day-Care Home in Staff's opinion is consistent with the Comprehensive Plan's land use policies for residential areas,as it will provide a valuable service for families in the Suburban Area. The site is a large lot and has adequate room for client parking. Staff has recommended a condition that pickup and drop off times be staggered to alleviate the potential for congestion in the right-of-way. For the reasons stated above, Staff recommends approval of this application, subject to the following conditions. Recommended Conditions 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. Gina Arney Agenda Item 1 Page 2 3. The applicant shall maintain a license for the in-home daycare operation with the Commonwealth of Virginia, Department of Social Services. 4. Any sign identifying the Home Occupation shall be non-illuminated, not more than one(1) square foot in area and shall only be mounted flat against the residence. 5. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 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 Departmentfor 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 recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. (p. 1-61) Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Jacqueline Avenue No Data Available 9,900 ADT'(LOS 4"D") Existing Land Use 2-10 ADT Iris Lane No Data Available 9,900 ADT'(LOS 4"D") Proposed Land Use 3-48 ADT lAverage Da ily Tri ps 2as defined by one single- 3as defined by a Family Day-Care 4 LOS=Level of Service family dwelling Home with up to 12 children Public Utility Impacts Water &Sewer This site is currently connected to both City water and sanitary sewer service. Gina Arney Agenda Item 1 Page 3 Site Layout ,r '/`> % /Jr /f - i Existing Dwelling Driveway // \ii ils c4 11 / Fence � I 0 a v f Site / / / ,`-_ f Gina Arney Agenda Item 1 Page 4 Site Photos \ �. ` L .. .A.. • (-'r, \ t j ', • 1 , 's ._ : -iii 1 i . ..- r . l'... -'I.:: ..,,,A.N: -: , - -,-.77-• -, 1,:Ai ` --r ■■ t,. . _ a:'+.. /� ,SKr: ,� b. ti - - - - - .'•••'-'-'•:• -.;-,- -'•'''--•:7..--- •- • _ ;--.•._ -- ' 7-7—s..,',...44:' t• 1 qs a, w i l3 4 ..''''''' "--=m— r":. '..,-1-44,-,-- ----- 411' : - ., 1 ,_:„.,-.,-,...,.,,,,....,..,..,,,,,11.,„,,.. .., • _ Gina Arney Agenda Item 1 Page 5 Disclosure Statement //13 Virginia Bead! k APPLICANT'S NAME Gina Arney DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement .Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Page1of7 „772.0m.❑ �� Robert A. Davis Gina Arney Agenda Item 1 Page 6 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ElCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization, (A) List the Applicant's name:Gina Arney If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. EiCheck 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: Barbara Arney&Kenneth'I'.Barefoot If an LLC, list the member's names: Page 2 of 7 Gina Arney Agenda Item 1 Page 7 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers,directors, members,trustees, etc. below: (Attach list if necessary) (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-subsidia relationship' means "a relationshipthat 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, (if)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entitles." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Prokerty. 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 Gina Arney Agenda Item 1 Page 8 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) I l Accounting and/or preparer of All In One Accounting and Taxes,Inc. your tax return ❑ " Architect/Landscape Architect/ Land Planner 111rContract Purchaser(if other than she 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) El �At 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) 0 Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Gina Arney Agenda Item 1 Page 9 Disclosure Statement Virginia Beech 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. L',i4, l _. AP'LILANTS SIGNATURE PRINT NAME SATE Page 5 of 7 Gina Arney Agenda Item 1 Page 10 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 o Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed a " purchaser of the subject property (identify purchaser(s)and `_ purchaser's service providers) Construction Contractors ▪ =4 Engineers/Surveyors/Agents Financing(include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 1=1Legal Services Real Estate Brokers / • m Agents/Realtors for current arid 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 Gina Arney Agenda Item 1 Page 11 Disclosure Statement 113 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. tI 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. tiM,( L cT r:r ., _p, - PROPERTY OWNERS SIGNATURE PRINT NAME DATE Page 7 of 7 Gina Arney Agenda Item 1 Page 12 Item#1 Gina Arney (Applicant) Conditional Use Permit(Family Day-Care) 600 Iris Lane District—Bayside May 9, 2018 APPROVED - CONSENT Ms. Oliver: Thank you Mr. Chairman. This afternoon, we have seven items on the consent agenda. The first matter is agenda item number one and this is an application for a Conditional Use Permit for a Family Day-Care Home on property located at 600 Iris Lane in the Bayside District. Is there representative for this application? Hi, would you please come up and state your name for the record please? Ms. Arney: Hi, my name is Gina Arney. Ms. Oliver: Great, thank you very much. You can take a seat, that's good. Is there any opposition to this matter being placed on the consent agenda today? Hearing none, the Chairman is asked Commissioner Don Horsley to read this into the record please. Mr. Horsley: Thank you ma'am. The proposed Conditional Use Permit for a Family Day-Care Home has been review by staff extensively and has determined that it is consistent with the Comprehensive Plan. For the land uses in the residential areas it provides a valuable service for families in those areas and has a large lot with adequate space for the youngsters and adequate parking for the clients. Staff has recommended that we stagger the drop off times for the families and I think that's been a gray zone. We had no opposition to this application. For these reasons, we have placed it on the consent agenda. Page 1 CONDITIONS 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license for the in-home daycare operation with the Commonwealth of Virginia, Department of Social Services. 4. Any sign identifying the Home Occupation shall be non-illuminated, not more than one (1) square foot in area and shall only be mounted flat against the residence. 5. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. A motion was made by Commissioner Oliver and seconded by Commissioner Hodgson to approve item 1. AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY ABSENT RUCINSKI ABSENT THORNTON AYE WALL AYE WEINER AYE Page 2 Pam Sandloop: By recorded vote of 9-0, agenda items one, three, five, six, nine, D1, and D3 have been approved by consent. D3 approved as modified with Commissioner Weiner abstaining from item three and Commissioner Redmond abstaining from item D3. Page 3 Ais . cy 4; „ tr �'' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VA FINISHING, LLC [Applicant] SPRING BUILDING, LLC [Property Owner] Conditional Use Permit(Automobile Repair Garage)for the property located at 4990 Euclid Road, (GPIN 1477132709), COUNCIL DISTRICT— BAYSIDE. MEETING DATE: June 19, 2018 • Background: During the process of obtaining a business license, the applicant was informed of the need for a Conditional Use Permit for an Automobile Repair Garage for the continued operation of a wheel refinishing shop. The business is a custom wheel shop for ceramic polishing, powder coating, balancing and tire installation. According to the application, all work is done inside the 1,000 square foot unit within a larger industrial building. Adequate on-site parking is provided for this use, and all uses within the building. • Considerations: Although the proposed use is not consistent with the long-term vision of the Pembroke Strategic Growth Area (SGA) 4, there are multiple automobile repair garages in the vicinity of this site. Two speakers from the adjacent Pocahontas Village neighborhood appeared in opposition at the Planning Commission's public hearing and voiced concerns primarily related to the existing operational practices of some of the by-right uses within this building. The Zoning and Housing Inspection Staff are in contact with the owner of the property to address several on-going issues, such as dumpster noise and the outdoor storage of materials by one of the tenants. Further details pertaining to the request, as well as Staffs evaluation, are provided in the attached Staff report. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0. 1. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. VA Finishing, LLC Page 2 of 2 2. There shall be no signs that 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. 3. 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. 4. There shall be no outside storage of equipment, parts, tires or materials. 5. No motor vehicle repair work shall take place outside of the building. is Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting D- _ : ment/Agency: Planning Department City Manager. Applicant VA Finishing, LLCNIB Agenda Item Property Owner Spring Building, LLC Public Hearing May 9, 2018 City Council Election District Bayside 2 Virginia Beach Request 1reet °� Conditional Use Permit (Automobile Repair a ,, Garage) 1 1 i Southern boulevard ti Staff Recommendation Approval '""`d'""°'° Ii Q. co.. .toga Road t, c1/414 Staff Planner ,,...0"31..k 44%1,, lit Jonathan Sanders ; �,s 4` et •' Mho p '44 �� Location fi , tea"` ' , r4,4 4990 Euclid Road s / '°°l`u "4b G P I N c� i 4s 1477132709 cos Site Size 264 2.5 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District .ar - + - . ♦a. CIl tl 1 imitStii i t -cf,-,.,- �i,<I«Stre-,t rci tc I Stet etc Industrial warehouse/ 1-1 Light Industrial m -m 4_ ' fes`; < �,, � t i' Surrounding Land Uses and Zoning Districts U 4» �'',.. " North ' „ ,-� � _ ��� y '", - -.. ..w.: •• :dig Former Norfolk Southern Railroad right-of-way --2:-5.0- , Fuel sales, bingo hall/ 1-1 Light IndustrialSo.tltll�rilil3o.uictlrtr s ;.: RAJ South Mixed retail, single-family dwellings/B-2 k _ ,. W Community Business, R-7.5 Residential -� ,0ib ' ,�_, East '* ti „ - ; Single family dwelling/ R 7.5 Residential ...0*.,. ..---„.+ A0o ?%� -•,-,-- *- o .. West s. vstat °r'ii 'f%�� 4- , Euclid Road 4--o-A" 4!'4. �'�I ', o" '-. Industrial warehouse,vacant lot/B-2 4k‘V•t.V. e<,.. ‘ • `° V - Community Business, I-1 Light Industrial .,�;,r",�'ti� . _ '• -.7-' r ' ° .• (,.C::� •Y=.' , _ � rte Nr VA Finishing, LLC Agenda Item 2 Page 1 Background and Summary of Proposal • During the process of obtaining a business license,the applicant was informed of the need for a Conditional Use Permit for an Automobile Repair Garage for the operation of the wheel refinishing shop in order to comply with the regulations of the Zoning Ordinance. • The operation is a custom wheel shop for ceramic polishing, powder coating, balancing and tire-installation. According to the application, all work is done indoors and is completed by two owner/operators. • The business occupies a 1,000 square-foot space within an industrial complex (200 square feet of office space and 800 square feet of operational space). • Proposed typical operating hours are 10:00 a.m.through 5:00 p.m., Monday through Friday. • Adequate on-site parking is provided for this use, and all uses within the building. ci«.h..a she B2 B -I=i j Zoning History 3 (- # Request - 1 CUP(Motor Vehicle Repair)Approved 03/12/2013 I 2 CUP(Auto Repair Facility)Approved 03/10/1998 w�rwn+seu�rtj 3 MOD(Bingo Hall)Approved 10/24/2006 MOD(Bingo Hall)Approved 02/25/2003 2 MOD(Bingo Hall)Approved 01/26/1999 N. A O 4 CUP(Church)Approved 12/07/2010 CUP(Church)Approved 04/13/2010 f - i 5 CUP(Indoor Recreation)Approved 01/25/2011 R>7':5 CUP(Church)Approved 12/01/2009 U° ~C' A_12: CUP(Church)Approved 12/14/1993 A \\ CUP(Church)Approved 08/24/1993 N. ,o, R-7.5 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance 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 result in the redevelopment of this site and of the surrounding area. Staff recommends approval of the request subject to the conditions below. VA Finishing, LLC Agenda Item 2 Page 2 Recommended Conditions 1. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. 2. There shall be no signs that 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. 3. 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. 4. There shall be no outside storage of equipment, parts, tires or materials. 5. 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, low to mid-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. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 7'300 ADT'(LOS 4"C") Existing Land Use 2-2 ADT Euclid Road 4,937 ADT 1 10,700 ADT 1(LOS 4"D") Proposed Land Use 3-10 ADT 1 Average Daily Trips 2 as defined by 1,000 3 as defined by an automobile care 4 LOS=Level of Service square-foot unit zoned I-1 center with two service bays Light Industrial VA Finishing, LLC Agenda Item 2 Page 3 Public Utility Impacts Water & Sewer The site is currently connected to City water and sanitary sewer. VA Finishing, LLC Agenda Item 2 Page 4 Existing Site Layout 4i 493? 931 Ii 0, z ..i7791tP_, I , PP j , ______ ___ _ _ ,.... I .-, .._ ___r 4 _ . _. . 4.i. .,_ 4.,,„....- ., _ .., . _ ` .4986- 49,2 4914 I ; 4 \:�. • 49684 'A �10 ;A* •1 `^62 • '4, VA Finishing, LLC Agenda Item 2 Page 5 Site Photos , . _ . IA: ,,,, y, 1 t . b VA Finishing, LLC Agenda Item 2 Page 6 Disclosure Statement V3 Virginia Beach APPLICANT'S NAME VA Finishing, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program 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 Page 1 of 6// � ,S Jonathan Sanders VA Finishing, LLC Agenda Item 2 Page 7 Disclosure Statement n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. kill Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:VA Finishing, LLC If an LLC, list all member's names: Glenn Martin Kevin Martin 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. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Lam. 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: Spring Building LLC If an LLC, list the member's names: Ernest Hudson Page 2 of 7 VA Finishing, LLC Agenda Item 2 Page 8 Disclosure Statement 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 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 (Ill) 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 VA Finishing, LLC Agenda Item 2 Page 9 Disclosure Statement APPLICANT YES I NO SERVICE PROVIDER(use additional sheets If needed) Accounting and/or preparer of f t your tax return ❑ i Architect/Landscape Architect/ Land Planner 1=1Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ r purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ ® Construction Contractors ❑ Engineers/Surveyors/Agents Financing(include current ❑ ' mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services D'Lima Law,LLC-(dlimalaw.com) Real Estate Brokers/ ❑ �j, Agents/Realtors for current and anticipated future sales of the subject property _ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have xi an interest in the subject land or any proposed development I contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 VA Finishing, LLC Agenda Item 2 Page 10 Disclosure Statement N8 CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been' scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this _Application. I 'i r �,� ``!�z '�� APPLICANTS SIGNATURE PRINT NAME DATE Page 5 of 7 VA Finishing, LLC Agenda Item 2 Page 11 Disclosure Statement OWNER YES NO SERVICE PROVIDER(use additional sheets if ; needed) I I " Accounting and/or preparer of your tax return 111 Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than 111 r the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed r purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors -N Engineers/Surveyors/Agents Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / ® Agents/Realtors for current and anticipated future sales of the subject property 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 VA Finishing, LLC Agenda Item 2 Page 12 Disclosure Statement .19 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. ,L._-- `--/ -. Iv ar" 1 ! = 1"2V it, (�t,(c co._rte, L e C L Ilei%' 'I/Zs-0,47. 11'r iz. /db 1 PROPERTY OWNER'S SIGNATURE PRINTNAME ; DAT: 1 1 - Page 7 of 7 VA Finishing, LLC Agenda Item 2 Page 13 Item#2 VA Finishing, LLC Conditional Use Permit (Automobile Repair Garage) 4990 Euclid Road District—Bayside May 9, 2018 APPROVED Pam Sandloop: Item number two, an application of VA Finishing, LLC for conditional use permit, Automobile Repair Garage on property located at 4990 Euclid Road in the Bayside District. Would you state your name for the record please? Julianne Smith: Good afternoon Chairman and Commission. My name is Julianne Smith of D'Lima Law. I am the attorney for VA Finishing LLC. I am also here with the applicant Mr. Glenn Martin, a co-owner of the business. We are here to ask for a conditional use permit for an automobile repair garage. I would like to have Mr. Martin say a few sentences about the nature of the business. Mr. Thornton: Okay, thank you. Glenn Martin: Thank you everyone for being here, allowing me for this application, but my name is Glenn. I am a co-owner and just decided to startup a shop here with my brother in Virginia Beach. I was born in Kempsville, lived here almost all my life and we are applying for an automobile repair garage permit due to the fact that we have a tire machine and wheel balancer. I want it to be known that we are not a full service shop,meaning that I am not going to be working on vehicles in that capacity and have a lot of cars and stuff sticking outside. Our customers are just going to drop off the items that need to be worked on and some of them are wheels because Page 1 we do polishing and powder coating. We put tires on and I will take them off and put them back on in the shop but no vehicles worked on at the shop. Mr. Thornton: Thank you, any questions for the applicant and his attorney? Thank you, the way this process works, there will be people to speak against it, and then we will have you back for rebuttal and then we will close the hearing and talk amongst ourselves. Thank you. Pam Sandloop: Mr. Chair we have two speakers in opposition, Shane Vasser. Shane Vasser: Good afternoon, my name is Shane Vasser and I am representing myself and several of my neighbors in Pocahontas Village we are neighbors to the Spring Building Property where VA Finishing is going to be and I have a signed letter from my neighbors that couldn't be here, I would like to submit that. I have one unsigned copy and if you need I have an unsigned duplicate. Would you like that also? Pam Sandloop: No, this is fine, thank you. Shane Vassar:Okay,thank you for giving me this opportunity to speak. I object to this application for a conditional use permit for the automobile repair garage for VA Finishing in the Spring Building for the following reasons. The noise associated with this business would include pounding,banging, grinding, sanding, vibrations etcetera, it would add to the already high level of disturbing noise coming from the Spring Building every day. The noise has a detrimental impact on my quality of life, approving this application would set a bad precedent that would open the door to other similar business setting up shop right in back of my home. Disturbing noise already comes from the other shops and businesses loading and unloading their trucks between 7 a.m. and 11 a.m. every day, operating loud machinery and from the emptying of the trash dumpsters in the middle of the night, every night,Monday through Friday. Allowing this business to expand would Page 2 add one more trash dumpster to the building's parking lot. Since I am the Spring Building's closest neighbor in the adjacent residential neighborhood, I live to the east wing of the Spring Building; I will be most affected by the addition of another loud noise generating business. There are already three large dumpsters placed along the fence line bordering my property. The noise from that side of the building that VA Finishing occupies can be heard on my property because it echoes off of the building on the other side of the railroad tracks. It would help if the existing businesses in the building would close their garage doors to lessen the noise when they work. I strongly believe that the noise levels coming from the Spring Building are already in violation of the City's noise ordinance. This conditional use permit will only add to the noise and further denigrate my standard of living. I have to wear earplugs so that I can go to sleep at night and throughout the day when the noise gets bad. The parking adjacent to the Spring Building is limited and already over- crowded. The addition of this repair garage will push more congestion into the parking area directly behind the fence along my property. This creates an overbearing visual presence because equipment parked there are taller than the fence. I can see and hear everything that happens at the building's eastern side. Let me expand on the dumpsters problem. There is an ongoing problem with the noise from the dumpsters being emptied every morning between about 2 a.m. and 8 a.m. Monday through Friday and disturbing the peace of the neighborhood. There are four dumpsters on the property which I can hear being emptied at night, three of which are right up against the fence of my backyard. The neighbors and I are awakened by trash dumpsters being emptied all through the hours of the morning. We are awakened by the noise and cannot get back to sleep. The noise created by the emptying of the dumpsters is loud like bombs exploding. We have to wear earplugs every night to get to sleep and from inside my home, the disturbing noise from the building afternoon and night, five or six days a week, it's almost around the clock. In conclusion, Page 3 I object to the approval of this conditional use permit for VA Finishing for the reasons I have presented here. Okay, thank you very much. Mr. Thornton: Thank you. Are there any questions for the speaker Mr. Horsley? Mr. Horsley: Could you just take the pointer there and show us where you live? Shane Vassar: Yes. This it here? One lives here, one lives here, one across the street. Mr. Horsley: Except these noises that you hear, you say at nighttime too? Shane Vassar: Yes. Mr. Horsley: The businesses stay open at night? Shane Vassar: Sometimes they do, not regularly but I would say every week or so, there is somebody working there at night. Mr. Horsley: Our package says from 10 to 5 from Monday through Friday, the applicant, is that what applicant is requesting. Shane Vassar: Well some of the businesses do work at night. They push the envelope, the owner of the building has told me that people there are only supposed to work doing regular business hours but the occupants that have businesses in the Spring Building do work outside of those hours. Mr. Horsley: Okay thank you. Mr. Thornton: Mr. Redmond? Mr. Redmond: I am sorry, would you grab that pointer again. I couldn't quite, put right on your house, if you would? Page 4 Shane Vassar: See, there are trees here then you cannot really see the house,right there. There is my house right there. Mr. Redmond: Okay, alright thank you. Shane Vassar: I share the longest property line with the Spring Building of all my neighbors. Mr. Redmond: If you would point, where the dumpsters are on the photograph,pull that back up, overhead photograph? Shane Vassar: Well the dumpsters about there is one right there, there is one right there, there is one right there, and there is one on this side of the building. There is one behind these two. There is one there, and there is one there and this is one behind. See about two years ago, the dumpsters used to be here; this is an old picture, okay. New businesses, old businesses moved out, new businesses moved in, and they moved their dumpsters to right behind the fence, right, right here, here is the third, these are two really big dumpsters and there is a third smaller dumpster right there and then there is another dumpsters over around here. This is more of a problem for my next door neighbor, this is here. Mr. Thornton: Dee? Ms. Oliver: What businesses are located on your side of the property? Shane Vassar: Okay,this is a pool construction company, these two suites here, this suite here is, I think, it's a furniture storage business. I think this one here is a appliance installation, it's a Perez Enterprises, they are loading and unloading their trucks every morning. This suite here is vacant at the present time, there was a wrestling venue there, set a business last year up until I think January or February of this year, which was bothering us, they are not there now. This suite is Page 5 vacant here and the owner of the Spring Building is advertising that it's open for leasing. This suite right here is a company that renovates crawlspaces. These are the back entrances which are garage doors and these are the front, each of these businesses has a front office entrance on this side of the building. And this is where the VA Finishing wants to be, but the noise from this side of the building does hit, see there are buildings over here which are sheet metal and the acoustics. Through the acoustics, the noise from here bounces off these walls and comes into our neighborhood. Ms. Oliver: Thank you. Mr. Thornton: Any other questions? David? Mr. Weiner: Are the business actually working late at night or is the dumpsters just being dumped late at night? Shane Vassar: Well some of the businesses work late at night not on a regular basis, but it's the dumpsters that are being emptied during the night. Mr. Weiner: How many times in a week that happens? Shane Vassar: Every night Monday through Friday. The reason that they have told me that they have to dump at night, I have talked to the individual business owners, I have talked to the owner of the building about these problems and I have also called the dumpster company, because what they said was that they don't have any control over,they empty the trash. So you have to call them. I looked up each of the four or five different companies that empty trash there every night. So one truck will come like 2 o'clock and other truck would come at 3,just by the time I get back to sleep. Another truck comes in but during the day. The parking lot is so congested with cars and vehicles and storage, trailers, that the trash company said they cannot get into dump the trash, so they have Page 6 to do it in the middle of the night. I have asked them to why cannot you do it in the early evening, you know, it's better to be disturbed during our dinner hour than it is when we are trying to sleep. They said that they will do what we can but you know they really haven't resolved that problem. Mr. Thornton: Any other questions? Ms. Oliver: You said there were three different trash removal companies? Shane Vassar: At least. Ms. Oliver: It's not that just using one. Shane Vassar: No, each dumpster has its own company that picks it up. Mr. Thornton: So what you are saying is that these businesses had faced the alley if you will, their employees are parking back there during the day,most of those businesses access their spaces through the back. Shane Vassar: Yes. Mr. Thornton: So when they are there and they are working, people don't have room to navigate through there and empty those dumpsters during the day. Shane Vassar: Yes that's correct. Mr. Thornton: Okay, so that's why that area is crowded. Shane Vassar: Yes and during the day, I mean, this part of the parking lot is also filled with cars as well. Mr. Thornton: Okay, I think we have one more speaker. Let the next speaker speak and we may have some question for you and then we will let the applicant have the last word. Page 7 Shane Vassar: Alright, thank you. Pam Sandloop: William Vassar. William Vassar: Good afternoon ladies and gentleman Planning Commission, I am the owner of the property we were just discussing. Pam Sandloop: Would you please state your name for the record? William Vassar: William Vassar. I can attest to the most of these comments by the previous speaker. Unfortunately, we don't have a civic league that can defend these use permits, so we are left on our own. Also, the neighbors on either side couldn't attend, one owns a 7-11 and he has a big meeting with the company meeting today and the other one is a navy guy who says his chief wouldn't let him come in to speak. He wanted to speak, especially since he has small children and these trash emptying at 3 o'clock in the morning are upsetting him and his children. He has got a small baby who wakes up and they have to get up in the morning and take their children to childcare because both are in the Navy. Also, I have witnessed, like I said most of these disturbances,trucks with backup whistle in the morning 6 o'clock, 7 o'clock in the morning, also trucks loading and unloading,dropping things, its noise throughout the day. They also had a wrestling venue that had music to 11:30 at night which disturbed all the neighbors. Noise from a machine shop who felt that they want to share their noise with the community, open the garage doors and noise from the machinery. A crawlspace business that has loading and unloading from 7 to 11 a.m. A pool company which has illegally extended that area which is about 30 feet from the building to the fence line. They are using it as a stock yard, well that was it. I believe it's an illegal stock yard. Also the emptying of the dumpsters. Unfortunately, I haven't witnessed it at 3 o'clock in the Page 8 morning but I have been there during the day when there has been a dumping and man, it is loud, used to be they had a small containers, now they got these huge containers. Mr. Thornton: Mr. Vassar, we have a timeline on speaking, so could you wind up for us please? William Vassar: Of course,the noise from the drills, saws and cutting the tiles for the pool. Okay, the owner of the building has little control of the infractions of leasees and of course of the leasees' employees. Additional noise from this repair garage will only exasperate the conditions. I believe that VA Finishing should move to accommodations that are more amenable to an auto repair shop, therefore, I recommend disapproval to this request. Mr. Thornton: Thank you sir, any questions for Mr. Vassar. Dave? Mr. Redmond: Same question, can you point where you live? William Vassar: Beg your pardon. Mr. Redmond: Can you point where you live? William Vassar: It's the same situation in the back. you know, it's hard to see. If you saw the distance between, it used to be, nowadays you have to have a big buffer, but at one time, he only needed 25 or 30 feet that's what that is. There is parking, there is a shop back there that has extended their, they have got all their pool crap, out in the parking lot, they fence it off. Mr. Redmond: Okay thank you. Appreciate it. William Vassar: Okay. Mr. Thornton: Any other questions for Mr. Vassar, thank you sir. William Vassar: Okay, thank you. Page 9 Mr. Redmond: Mr. Chairman, can we have questions of staff before we listen for rebuttal? Without a condition, there is no, if you don't have a condition there is no timeframe for dumpsters for a truck to come back and dump a dumpster is there? Barry Frankenfield: There are no conditional use permits others and this facility and it appears that all the operations are permitted. But it seems to me there is some reasonable expectation of quiet and enjoyment of your home, so what I can promise you is that we will look at the bulk storage issue. Unfortunately our zoning administrator is not here and there are other ordinances related to noise and construction, so we will, I don't of the top of my head have an answer to your question, but I believe it warrants some inspection and some research and we will take that on for this site. Mr. Redmond: Okay, perfect. Mr. Thornton: Rebuttal time. Julianne Smith: Thank you, I can only speak to VA Finishing itself and the things that it controls, I cannot speak to the actions of other businesses or the management of the building services. VA Finishing's use of the corner of the building, which I want to point out is opposite from the residential section, is consistent with the surrounding uses and the character of the area. In addition, there is minimal sound effect. The applicant is agreeable to all conditions, which included that all work would be done internally in the business and that the door will be closed. We also submitted evidence of the sound coming from the business, we ran tests with all machines running and we submitted evidence of that and there is minimal sound coming from the business even with all the machines running. I would emphasize the sound issue from VA Finishing itself is not an issue and we would ask that the Commission to please approve, thank you. Page 10 Mr. Thornton: Any questions Don? Mr. Horsley: I have one question, could you point to where the dumpster that this facility is to be using is going to be located? Julianne Smith: I am not sure. I think that's one of the services that the building manages, do you know? Mr. Horsley: Can you show us on the map? Glenn Martin: If we apply for one, there are dumpsters that are located here already, that's one. I can see it outside of my window. But when I apply for one, it will be placed that on this side here, and there is a railroad and then it's an open area at the Papco petroleum supplier over there. Mr. Thornton: Go ahead David. Mr. Weiner: You have your business there now correct? What do you do for dumpster now? So do you use the dumpsters that are up there now? Glenn Martin: No, no. We have very minimal trash right now. Mr. Redmond: Is one of those dumpsters yours? Glenn Martin:No, but if I do, when I do apply for one. Mr. Thornton: I have a question for your counselor. I think she said, I don't want to put words in your mouth, those dumpsters are they run by the landlord of the building? Glenn Martin: No, when I signed up for the place, she gave us information as to who we can contact. Page 11 Mr. Thornton: So each tenant is responsible for their own dumpsters? Should they provide you a place to put it? Glenn Martin: Yes, it might be along that side. Mr. Thornton: That's a dumpster pad. Other questions, Jack? Mr.Wall: So you stated that primarily pretty much all of your business would be enclosed inside, I mean it's all done within the building. You may leave your door open at times. Glenn Martin: If I need to open a door, but primarily I am very conscious about making noise. I don't want to be obtrusive to anybody and my unit is closed for the most part. I don't need to open it unless somebody is dropping something off. If a customer comes by. typically it's a very quick drop off and then work on it inside the shop yeah. Mr. Thornton: Others?Thank you. Glenn Martin: Thank you. Mr. Thornton: If there are no questions of the applicant or the opposition, we will close the meeting to the public and open it up amongst us, Dave. Mr. Redmond: Well first I have enormous sympathy for the two gentleman who spoke. I don't want to have to stick earplugs in my ears in the middle of the night in order to sleep and I think the staff has been quite clear and earnest in their desire to try and help you figure something out about that. Be all that as it may, I don't know that has anything to do with this application. This applicant is on the other side of this center and unit with minimal noise. If he gets himself a dumpster, it's not going to be in the location that causes these two gentleman and their neighbor some harm. It would up appear, and I don't know why on earth we would penalize this business for conditions Page 12 that occur from some other tenant or some other business, that just doesn't seem to me to be fair. So I am going to support the application and would encourage others to support the application. That is not a reflection on the trouble that you all have, I hope that gets worked out. I just don't think that this business is responsible for it, nor it need be penalized for it. That doesn't strike me as a way to solve that problem, and I do hope it gets solved. Thank you. Mr. Thornton: Jeff. Mr. Hodgson: I have to agree with Dave. I don't really buy that the dumpsters companies cannot come at other times. We condition applications all the time where we say, dumping has to be done between these hours and it seems to be accommodated. If you are okay with it,this is your district, I would just for peace of mind,just add a condition here saying, if he does get a dumpster, it would be between these hours, so that there is no chance of him adding to the issue. I know he is quite a ways away but since we condition that quite a bit for dumpsters. Do you see an issue with doing that on this one? Mr. Redmond: Yeah, I am open to that and I think we could probably talk about that. Is this the only business then, that you guys, I think you said staff, that all the other uses were permitted uses. There are no other conditions so there is nothing else and I don't want to penalize them, if that's the only on., At least the ones that require conditional use permit, that's strikes me as reasonable. Hours, we would have to get some consultation on that. I am always reluctant to make stuff up like that on the fly. I tell you what, let's do this. I would prefer that now that it is a part of the record, that the staff explore that as a part of the ongoing process. When City Council takes it up that does strike me as something that would be appropriate. I don't want to just grab numbers out of thin air and have them be arbitrary without any real consideration. I'd want to make sense and they can do that in the time between now and City Council. Does that work for you? Page 13 Mr. Hodgson: Yeah, perfect. Mr. Thornton: Mr. Wall, Jack. Mr. Wall: Okay thanks, I support the application also, but I am very sensitive to the opposition with the dumpsters. I must live half a mile from the nearest shopping center. I can hear these things at 5 a.m. I mean, it is loud, so I feel for them. I really hope the City takes a hard look and you discuss this with the property owners and at the bulk storage as well as the dumpsters and be responsible to the residents that live adjacent to that business. CONDITIONS 1. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. 2. There shall be no signs that 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. 3. 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. 4. There shall be no outside storage of equipment, parts, tires or materials. 5. No motor vehicle repair work shall take place outside of the building. A motion was made by Commissioner Redmond and seconded by Commissioner Hodgson to approve item 2. AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE Page 14 HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY ABSENT RUCINSKI ABSENT THORNTON AYE WALL AYE WEINER AYE Pam Sandloop: By a recorded vote of 9-0, agenda item two; VA Finishing, LLC has been approved. Page 15 . - r.1 '''',,-.....••-* .... .— ' '.--... -_„ ---.., -- i ___:- 1 • t 3 ,, -----,.\ . 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I a I IP .---7( 7 . -- : TM' 3' ''.•''I I I 1 LW" \,....--'} 1 ------ ...La- 1- .6111,___ -- ,. , - _.- I -- ----'-- --- *'--m. . r.10 41-- -- to - N, -- -- ..-- 1,',• ' =1110_,* 1,--6 "- a ir\ iv 13 C11 .., ,...,101.-- 0 e, ',.....„ ,._._,J T.... )....., . ireW) V' — . '' '. ._._ , _ , ,1-41---- < 1L"—T-1-41 ,---,-,-,7„,--.------ - „---- _• ___ „------' ,. . , - , . , v. 41:____---1-7------------ • ---- ---_-=-_—__ . ., . . . , ,- -'4-- . „ 1,1I„AI ,Lit R , 1 ..1 N LH r 0 _s 0- ',•-4 - 13-- 1 , 1 _ 1, ... -1-V-13-j— c --v- 't--------7, : .....” : .. „: .. 1---I--' am. ; 1,__.....<1 CO , . 10414k.- --17:3 II . / t . , , ....,... , s / , . , / ,.,.. ... ..n..,_, ,.., .„. ...„, it ) I t'T / 1/411111A-‘ I / . w , ( -, ,,, rfcc ,r..m,,_ IS (u }S1 t' t, CITY OF VIRGINIA BEACH AGENDA ITEM j ITEM: SAVARNAS BEAUTY SPA [Applicant] AIGLON ASSOCIATES, L.P. [Property Owner] Conditional Use Permit (Tattoo Parlor) for the property located at 1860 Laskin Road, Suite 120 (GPIN 2407582383), COUNCIL DISTRICT — BEACH. MEETING DATE: June 19, 2018 • Background: The applicant currently operates a beauty salon within a shopping center near the intersection of Hilltop Road and First Colonial Road. A Conditional Use Permit for a Tattoo Parlor is requested in order to offer permanent cosmetic makeup services, known as microblading, to clients. • Considerations: No changes are proposed to the exterior of the building or to the existing signage on the site. The addition of the proposed use at this location will have no impact on traffic movements along Laskin Road, nor is it expected to generate traffic above a typical specialty retail operation. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos/permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Savarnas Beauty Spa Page 2 of 2 • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. 1 / Submitting Depart e - •t/Agency: Planning Departmen`� /,f City Manage ►�Ij _ . _ _ Applicant Savarnas Beauty Spa Agenda Item Property Owner Aiglon Associates, L.P. Public Hearing May 9, 2018 6 Cityo/ City Council Election District Beach Virginia Beach Request A CV' t .,,. Conditional Use Permit(Tattoo Parlor) ,o•,s,y.Nob "'`",-` Staff Recommendation E � .�,,r y a I O 4 Ywf�M.' Approval gym^ •Lang'; s x Staff Planner ;< Robert Davis ,. • I �,� sr Location A'72 I I a , R : ii1860 Laskin Road, Suite 120 ` s a ' 4 GPIN e .P ^ I s n 20' rWu**.aw"w 2407582383 ,,,„,,....."0""' ,�� 1 i.�__ ., . r Site Size t 1 h Cl. ::7 %c..mWoo Low, n 6.7 acres M6a.M.ae AICUZ Greater than 75 dB DNL;APZ 2 Watershed Chesapeake Bay Existing Land Use and Zoning District �, Retail /B-2 Community Business �' U ,..." Surrounding Land Uses and Zoning Districts Karen Lane North • Single-family dwellings /R-7.5 Residential ��"'��' a Ivolivz: 1_ . South r � Laskin Road G Retail /B-2 Community Business •6 East . Retail /B-2 Community BusinessPm i West ..... i 1 f‘ Hilltop Road ' t c,c51,6" R�) Single-family dwellings, retail /R-7.5 i'' �"j C, Residential, R-5D Residential, B-2 Community ° 0 .4 4Business ;s. �iMillict • Savarnas Beauty Spa Agenda Item 6 Page 1 Background and Summary of Proposal • The applicant currently operates a beauty salon within a shopping center near the intersection of Hilltop Road and Laskin Road. A Conditional Use Permit for a Tattoo Parlor is requested in order to offer permanent cosmetic makeup services, known as microblading, to clients. • According to the applicant,typical hours of operation are from 10:00 a.m. to 7:00 p.m., Monday through Thursday, 10:00 a.m. to 8:00 p.m., Friday through Saturday, and 12:00 p.m. to 6:00 p.m. on Sunday. • No changes are proposed to the exterior of the building or to the existing signage. rR75 i,--: B2\ j-18 Thort as Lane B-2 i , 7.5 A-18' r$eYcLane" -- 1 ! Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos/permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code,including those administered by the Department of Planning/DevelopmentServices Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This subject site is located in the Hilltop Strategic Growth Area (SGA) as identified by the 2016 Comprehensive Plan and the Hilltop SGA Master Plan. The Plan's vision is to transform this area into a convenient, regional retail destination within close proximity to the beach. For the subject site,the Plan calls for a mixture of retail, office,and other non- residential uses. Natural and Cultural Resources Impacts The site is located within the Chesapeake Bay Watershed. As the site is already developed, there does not appear to be any significant environmental or cultural features on the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Laskin Road 20,139 ADT 1 17,300 ADT 1(LOS°"C") Existing Land Use 2—83 ADT 27,300 ADT 1(LOS 4"D") Proposed Land Use 3-26 ADT 1Average Daily Trips las defined by 1,874 3 as defined by a 1,874 square-foot 4 LOS=Level of Service square-foot specialty retail tattoo pa rlorwith two employees center Public Utility Impacts Water &Sewer This site is currently connected to both City water and sanitary sewer service. Savarnas Beauty Spa Agenda Item 6 Page 3 Existing Site Layout Existing Salon I \'t I 1 � , %\ \ .. , \t' reo P ter— '" --------- -- IASKON RA S ° '^'''c', A..90-4'IL) _------ \ Savarnas Beauty Spa Agenda Item 6 Page 4 Site Photos Proposed Location 7e- - ‘if -#/i; 1 ARA _......t Z ;O``� bEAUfY SPA r THE FULL CUP . T t 1 m 't, ' 1.-- .._. ,.., ., . __,.t ___ r.., . .„ . , ,..,__.„_7_,.. .„.„,,,,,,,;.... ..,_ ',.-7:-- __-., , -- fir } x ' 1 111111 i Mk ifithwahmit , kW ki _ Savarnas Beauty Spa Agenda Item 6 Page 5 Disclosure Statement Virginia Reath APPLICANT'S NAME Savarnas Beauty Spa DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 ❑ '/ 7/26# 4' Robert A. Davis Savarnas Beauty Spa Agenda Item 6 Page 6 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Savarnas Beauty Spa 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) Simram Kaur Gurmeet Batra Dan Singh (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: Aiglon Associates, LP If an LLC, list the member's names: Page 2 of 7 Savarnas Beauty Spa Agenda Item 6 Page 7 Disclosure Statement 1/B Virginia Beach If a Corporation, list the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Jonathan Sedel (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 Savarnas Beauty Spa Agenda Item 6 Page 8 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ Accounting and/or preparer of Global Tax Group Inc. your tax return Architect/Landscape Architect/ Land Planner 111Contract Purchaser(if other than the Aoolicant)- 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) 'fit Construction Contractors 1=1 ® Engineers/Surveyors/Agents Financing (include current SunTrust mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) E ® Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Savarnas Beauty Spa Agenda Item 6 Page 9 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 I scheduled for public hearing, I am responsible for updating the information' I provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. _ K=t (;v6Ai/4 3 r -'o/ss A7PucANTs SIGNATURE PRINT NAME —[)ATE Page 5 of 7 Savarnas Beauty Spa Agenda Item 6 Page 10 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ ,�, Accounting and/or preparerof your tax return ❑ ® Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than the Aoolicant)-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) El / Construction Contractors ❑ ri Engineers/Surveyors/Agents Financing(include current ❑ /r 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 arid 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 6 of 7 Savarnas Beauty Spa Agenda Item 6 Page 11 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. r SE-DFL 3460/8 RR 'ERTY OWNER'S SIGNATURE PRINT NAME DATE f�fi~S. 4t4,LOf,i,ASSoC. � —� _ ----- _ Page 7 of 7 Savarnas Beauty Spa Agenda Item 6 Page 12 Item #6 Savarnas Beauty Spa Conditional Use Permit(Tattoo Parlor) 1860 Laskin Road District- Beach May 9, 2018 APPROVED - CONSENT Ms. Oliver: Thank you. The next matter is agenda item number six and this is an application for Conditional Use Permit for a Tattoo Parlor on property located at 1860 Laskin Road in the Beach District. Is there representative for this application? Good afternoon, you will state your name for the record please. Daniel Singh: Good afternoon Mr. Chairman, good afternoon honorable members. My name is Daniel Singh. Ms. Oliver: Great,thank you and are the conditions set forth in the application agreeable to you. Daniel Singh: Yes, they are. Ms. Oliver: Great, thank you very much. Daniel Singh: Thank you. Ms. Oliver: Is there any opposition to this being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Hodgson to read this. Mr. Hodgson: Thank you Ms. Oliver. The applicant currently operates a beauty salon within a shopping center near the intersection of Hilltop and Laskin Road. A Conditional Use Permit for a Tattoo Parlor is requested in order to offer permanent cosmetic makeup services known as microblading to its clients. No changes are proposed to the exterior of the building or Page 1 the existing signage. The proposed Conditional Use Permit for a Tattoo Parlor is consistent with Comprehensive Plan's land use policy for the Hilltop Area. Staff recommends approval of this application subject to the conditions. The Commission agrees and we have placed this on our consent agenda. CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos/permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. A motion was made by Commissioner Oliver and seconded by Commissioner Hodgson to approve item 6. AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY ABSENT RUCINSKI ABSENT Page 2 THORNTON AYE WALL AYE WEINER AYE Pam Sandloop: By recorded vote of 9-0, agenda items one, three, five, six, nine, D1, and D3 have been approved by consent. D3 approved as modified with Commissioner Weiner abstaining from item three and Commissioner Redmond abstaining from item D3. Page 3 '•......... .... et,. .p.-...,.. 104,..0• or • 41111C11 ‘1714 7 1 i ......„... ., ,.. . ••.... ...., , , ? ,.... F ._.._... ... ._..,... , --_,....... ...., , ..• -....._,... < ) .-- m ri W' Ce ----.........1 "N. 0 , ..., t...._ ...... -- -... ,,,...._.„ ..../. ...-, i , .._,..... .....,. . , . - -- ,--..---.:,,,,----,.., .. , . . . , 04\ .............,...... . ,_...._,..... m .. to--, / e,f ....... .--„ ..., ----.--,. '-.....- ... Ca __:-. .....- ._....----- ....---- .. ,... . .•. .. .... . . I m \ NI ,01 .. ..... m .co e.., / , e - I N \-. ....., 4( -E .... •ZI -, .N. Ciol .,.... . . N 1 I < N 1 0 a (..9 , < / /1'..-----.7 ---------„,... .....----•... ...-...•. ----. ...,..„......s, 41-P.A. ..--•.. thi j 41111011: / __ l ci ) 1 1-----rj LII fl? I' , 111111 .-- 2-1 -1: --c-1 L--,' 5---- 1 ' - - ii --'f ir I -------- _ ---- __- ------__ . /1- -n -,---L-1 . _-- _ . — fe. ,,,,t.,e* CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VALVOLINE, LLC [Applicant] AH Sandbridge, LLC [Property Owner] Conditional Use Permit(Automobile Repair Garage) for the property located on the western outparcel of 2105 Princess Anne Road (GPIN 2414139134), COUNCIL DISTRICT— PRINCESS ANNE. MEETING DATE: June 19, 2018 • Background: The subject 0.77 acre site is part of a larger property that was rezoned from AG-2 Agricultural District to Conditional B-2 Community Business District in June 2013, and then subsequently modified in January 2015. The applicant desires to develop a portion of the western outparcel with a Valvoline oil change facility. As an oil change facility is categorized as an Automobile Repair Garage, a Conditional Use Permit is requested. • Considerations: The concept plan depicts a two-bay, 1,675 square-foot building with garage bay doors that load on the southwestern side of the building. As required by the proffer agreement, the exterior building materials, as well as the architectural style mimic those of the adjacent shopping center. The applicant submitted a preliminary drainage study outlining the proposed stormwater strategy for the site to the Development Service Center which was recommended by the Comprehensive Plan. The DSC concurred that the applicant's proposed stormwater strategy could potentially comply with the stormwater requirements of the subject site. Further details pertaining to the request, as well as Staff's evaluation of the application, 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. Valvoline, LLC Page 2 of 3 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "VALVOLINE INSTANT OIL CHANGE 2105 PRINCESS ANNE RD. CITY OF VIRGINIA BEACH, VIRGINIA 23456," dated February 28, 2018, and prepared by CESO, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The architectural style and quality of materials used for the proposed structure to be constructed on the Property, shall be in substantial conformity with the renderings entitled, "VALVOLINE INSTANT OIL CHANGE 2105 PRINCESS ANNE RD. CITY OF VIRGINIA BEACH, VIRGINIA 23456" dated May 12, 2017, and prepared by CESO, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. At the time of site plan review, a Landscape Plan reflective of the fence depicted on page 8 of this report and the plant material depicted on the Concept Plan referenced in Condition 1 above, and meeting all of the requirements of the Zoning Ordinance, shall be submitted for review to the Development Services Center and shall obtain an approval prior to the issuance of a building permit. 4. The freestanding sign shall be substantially similar to the sign exhibit entitled "Sandbridge Commons" and is depicted on page 9 of this report. Said sign shall be no taller than eight feet in height and have a brick base to match the building. The freestanding sign shall meet all other requirements of the Zoning Ordinance. 5. 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. 6. Vehicles in a state of obvious disrepair shall not be stored outside of the building, except that they may be located outdoors for a period of no more than 24 hours from the time the vehicle is placed on the site. Following that time period, all such vehicles shall only be permitted to be stored within the building with the overhead bay doors closed. 7. There shall be no outside storage of equipment, parts, tires, or materials. 8. No outside paging or amplified music system shall be permitted. 9. All vehicle repair and tire installation shall take place inside the building. Valvoline, LLC Page 3 of 3 • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep. entlAgency: Planning Department --- City Manager. ABApplicant Valvoline, LLC Agenda Item Property Owner AH Sandbridge, LLC Public Hearing May 9, 2018 5 City Council Election District Princess Anne Virginia Beach Request ' Conditional Use Permit (Automobile Repair 5'cc„``�c �. a arc` a °a Garage) 3 3� � Staff Recommendation °`' pp�-E a I Wb° ♦ Approval E,. ` r� = 85-7G dB ONS i i2 ^ye Staff Planner 6`. s a Jimmy McNamara v ‘� \ +,, aye F a a` Locationcoiter F'� Western outparcel of 2105 Princess Anne Road GPIN Part of 2414139134 N. i Site Size 4 0.77 acres AICUZ 65-70 dB DNL; Sub-Area 2 Watershed Southern Rivers - 1/:. 'k Existing Land Use and Zoning District -- ... . Vacant/ B-2 Community Business '1,4 "I' y. - i l Surrounding Land Uses and Zoning Districts w . North 6 ' i - , L•. Vacant/AG-2 Agricultural ” ,ilr . South I j ,e :f '',, 8 - ,S>,, 1 Shopping center/ B-2 Community Business '4 � East Princess Anne Road Drug store/ B-2 Community Business _9. . West .- 4 Elementary school/AG-2 Agricultural -_'� -_ . Valvoline, LLC Agenda Item 5 Page 1 Background and Summary of Proposal • The subject site is part of a property that was rezoned from AG-2 Agricultural District to Conditional B-2 Community Business District in June 2013 and then subsequently modified in January 2015. • The 2013 approved proffers prohibited development of the outparcels depicted on the concept plan for a period of two years following City Council's approval. As the time limitation has passed, and the applicant has since begun development of the outparcels. The eastern outparcel has been developed with a fuel station, that was approved by City Council in October 2016. • This is a request to develop a portion of the western outparcel with a Valvoline oil change facility. As the oil change facility is classified as an Automobile Repair Garage, a Conditional Use Permit is required. The remainder of the outparcel is proposed to be developed with an automobile parts store (Auto Zone), which is a by-right use and permitted under the terms of the proffer agreement. • The concept plan depicts a two-bay, 1,675 square-foot building with garage bay doors on the southwestern side of the building. • Vehicular ingress/egress is proposed via one point of access from the interior of the site. No direct vehicular access is proposed from Princess Anne Road. • A four-foot tall, decorative wrought-iron style aluminum fence with brick columns, along with a mix of flowering and evergreen trees, is proposed along the right-of-way frontage of the site. A mix of shrubs and trees are depicted along the sides of the bay doors to assist in screening the internal working area. • A freestanding sign with a brick base, approximately six feet in height, containing two sign faces for both the oil change facility and the auto parts store is proposed for the site. • A dumpster is proposed to be located on the rear of the site, out of sight from the right-of-way. As required by the Zoning Ordinance, it will be enclosed with a masonry wall to match the proposed building's exterior and will be further screened with evergreen shrubs. • The eight parking spaces depicted on the Concept Plan meet the minimum requirements set forth in the Zoning Ordinance, which requires at least seven parking spaces for an Automobile Repair Garage of this size. • The submitted elevations depict earth-tone color exterior building materials of cement fiberboard siding and a brick water table. A decorative trellis is depicted above the bay doors facing Princess Anne Road. Valvoline, LLC Agenda Item 5 Page 2 o= 1q f Zoning History /6147 6 1��, 1, ? 2 # Request , -y VV 1 CUP(Automobile Service Station)Approved 10/18/2016 t' o MOD Approved 01/20/2015 ,1E 4 -12 CRZ(AG-2 to Conditional B-2)Approved 06/11/2013 r ®� STC Approved 06/28/2011 2 CRZ(AG-2 to Conditional 0-2)Approved 02/28/2012 '0 -2" 3 CRZ(B-2 to Conditional A-12)Approved 12/11/2001 ? 4 CUP(Automobile Service Station)Approved 12/11/2001 AG-1 j © a CUP(Religious Use)Approved 07/14/1993 '�.. :'j N 5 CUP(Bulk Storage Yard)Approved 02/28/2012 AG-2CRZ(AG-1 to Conditional 0-1 & B-2)Approved 71111f-- B,� 02/24/2009 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation The applicant has worked with Staff to ensure that, as required by the recorded proffers, the quality, architectural style, and exterior materials of the proposed structure are all similar to that of the larger shopping center directly adjacent to the site. The proposed Concept Plan depicts plant material in excess of the minimum required by the Zoning Ordinance, which will aid in screening the automobile-centric use of the site. The applicant's representative has stated that they intend to appear before the ITA/TA CAC at the May 2018 meeting, which follows the printing of this report. As recommended by the Comprehensive Plan, the applicant has submitted a preliminary drainage study to the Development Services Center (DSC) outlining the proposed stormwater strategy for the subject site. As a result of the review, the DSC concurs that the proposed conceptual stormwater strategy has the potential to successfully comply with the stormwater requirements of this site. However, this review is not a formal approval of the submitted stormwater plan. More details will be required and a formal review will take place during review of the construction plan through the DSC. Staff finds the proposed use acceptable and recommends approval of the request subject to the conditions below. Recommended Conditions 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "VALVOLINE INSTANT OIL CHANGE 2105 PRINCESS ANNE RD. CITY OF VIRGINIA BEACH, VIRGINIA 23456," dated February 28, 2018, and prepared by CESO, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. Valvoline, LLC Agenda Item 5 Page 3 2. The architectural style and quality of materials used for the proposed structure to be constructed on the Property, shall be in substantial conformity with the renderings entitled, "VALVOLINE INSTANT OIL CHANGE 2105 PRINCESS ANNE RD. CITY OF VIRGINIA BEACH,VIRGINIA 23456" dated May 12, 2017, and prepared by CESO, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. At the time of site plan review, a Landscape Plan reflective of the fence depicted on page 8 of this report and the plant material depicted on the Concept Plan referenced in Condition 1 above, and meeting all of the requirements of the Zoning Ordinance,shall be submitted for review to the Development Services Center and shall obtain an approval prior to the issuance of a building permit. 4. The freestanding sign shall be substantially similar to the sign exhibit entitled "Sandbridge Commons" and is depicted on page 9 of this report. Said sign shall be no taller than eight feet in height and have a brick base to match the building. The freestanding sign shall meet all other requirements of the Zoning Ordinance. 5. 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. 6. Vehicles in a state of obvious disrepair shall not be stored outside of the building, except that they may be located outdoors for a period of no more than 24 hours from the time the vehicle is placed on the site. Following that time period,all such vehicles shall only be permitted to be stored within the building with the overhead bay doors closed. 7. There shall be no outside storage of equipment, parts,tires,or materials. 8. No outside paging or amplified music system shall be permitted. 9. All vehicle repair and tire installation shall take place inside 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 designates this area of the City as the Transition Area. The Transition Area serves as a unique land use buffer for the low density Rural Area from the more densely developed Suburban Area, promoting open space and a low density.This part of the city is characterized by many high quality residential neighborhoods with significant open space areas. Proposed development within the Transition Area should continue the tradition of high quality development by adhering to the planning and design principles cited in the Transition Area Design Guidelines.These Guidelines include striving to achieve the goal of attaining 50%open space including berms,trees, buffer,and trails to create safe accessible and attractive roadway corridors and internal green space to provide attractive vistas, recreational areas and protect natural resources. Valvoline, LLC Agenda Item 5 Page 4 Natural and Cultural Resources Impacts The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. There are no known significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 15,000 ADT (LOS°"D") Existing Land Use z—424 ADT Princess Anne Road 15,651 ADT 1 16,200 ADT'(LOS 4"E") Proposed Land Use 3-80 ADT 'Average Daily Trips 2 as defined by 0.77 acres of 3as defined by an oil change facility °LOS=Level of Service B-2 zoned property with two bays Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Princess Anne Road in the vicinity of this application is considered a two-lane undivided minor suburban arterial. The existing infrastructure currently resides in a variable width right-of-way. There is a roadway CIP project slated for this area. Princess Anne Road— Phase VII (CIP 2-195) calls for the construction of a four-lane divided roadway within a 143-foot right-of-way with bike path from General Booth Boulevard to Fisher Arch and intersection improvements at General Booth Boulevard, Elson Green Avenue, and Upton Drive/Sandbridge Road. Design is 100%complete with final plans being updated to include public utility, private utility, stormwater, and environmental changes. Site acquisition and private utility coordination are underway. Construction is currently scheduled to start Summer 2018; however, the schedule may be delayed. Public Utility Impacts Water This site must connect to City water. There is an existing eight-inch City waterline stubbed out to this property along Princess Anne Road. Sewer This site must connect to City sewer, which may be accomplished via the existing onsite private sanitary sewer. There is an existing eight-inch shared private gravity sanitary sewer main located within a 20-foot private utility easement on adjacent property to the south. Valvoline, LLC Agenda Item 5 Page 5 Proposed Site Layout & Planting Plan �. tea f! ' , / / / -1 -=moi Exisms �_ rnE€rrP. f -"- „ERVIN& x"'3'15 stb r, / ti CSNAof rOLINT A KMOC.S OJT I „� 3 �x as E1'11II 500 }� ��`_( - — .. ` . _ 1 tit1:K.IW M.4 4•'.'C! _, ,..n-•11•r••1a •milm..n...r.1...+•...a - O �` I r© Ems` �'• GRASS mAirirsi _. L „ e D.;Tr i 111 I. c�MYRTLE I� woo.�wv aArutr K�►xt►�Rn I.1ha&CUT It - . CLARA(NM* '' II i ti.I+«trn+cI• - ;�; ar II\ a!II\ t( 1 - i1i WC Q' • 10111.11.111116. o VI � 11 ti l 16 1 , 1 r 1 G7_ndsf 'C)a. MAKTKI1�i , • , \ \\\ j �, NAT�1Q �LV4 J ” ,t \ \ \ 'At) pet,... .: iMal€R.t 1 ncr.rn,,•i '' ti \ \ i \ \ ' \ l\ - t \\:: VW ID WO \ \ f it) \\ Valvoline, LLC Agenda Item 5 Page 6 Proposed Elevations I IS, z F SIMI ..�r ; :t} ... - . E Itt.. 41 '1;1E.. .j..: , (-4., I -4.; I! ,:., .. �� t, I , 4 i ZI q l t; ,:iilmtil II i! } ,7[ 9 > 4 i, , ui �a,0 T G ilL - fro { 1 . } I : 111 Valvoline, LLC Agenda Item 5 Page 7 Proposed Fence Exhibit 1 • ... o< - i. _ ' ,.y�, ' s .• # ; x.. %� �.,. I . 1 q 1MEM __ 4. a r . it t r. _____�-I( GAS-5"GK GM A ( UEWRA,ivE t W M*rtlf.[. lax".JpQRe.40.7 J _ _^.... - ORJ:k GCJIN --- I. ppm- "f S. CPIATM B SeCri014 A-A BRICK "AL_ 4 FENCE !L-._ S'4'.'-0' Valvoline, LLC Agenda Item 5 Page 8 Proposed Sign Exhibit 80" 3.. Air Valvoline. 38" Instant Oil Change nomiumlimminmau_ 1111111 ; '11561111.11.Ziall= _ M` NM MIN SIM SIM 1111.1111111111111 .rL w Is 36' III EMI IMO MIN 11111111 ISM An 111•1111 MIN 111111111 IMP 111111111=111=1 RJR MN 111111111 111 MB NM 11 t NMI GM SIM 411111111 MEI MI5 1111.111111111111511111 I A LINO ram I so" • Valvoline, LLC Agenda Item 5 Page 9 Site Photos n r _ Aw -- . 4a Rte. '-a s 4 .-, ',4W.:7 0 I ..._: _ A. Valvoline, LLC Agenda Item 5 Page 10 Disclosure Statement 1 APPLICANT'S NAM E Valvoline LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board I1• e disclosures ccsttaineci ill this form o.cc necessary to inform public cifficiak who may vote on the application as to whethei they a a con lii t of interest under Virginia law, SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 Dz RI ( 15 7 I t I Jimmy McNamara El Valvoline, LLC Agenda Item 5 Page 11 Disclosure Statement lor\B E Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 111 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Valvoline LLC,a Delaware LLC If an LLC, list all member's names: Valvoline US LLC-Sole Member If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Lnl 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:AH Sandbridge, LLC If an LLC, list the member's names:New Armada Hoffler Properties I, LLC and Armada Hoffler, LP Page 2 of 7 Valvoline, LLC Agenda Item 5 Page 12 Disclosure Statement w a 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 Valvoline, LLC Agenda Item 5 Page 13 Disclosure Statement Ni4B APPLICANT \ _- ; :. YES NO SERVICE PROVIDER(use additional sheets if needed) n n Accounting and/or preparer of l I your tax return Z CI Architect/Landscape Architect/ CESO,Inc. Land Planner Contract Purchaser(if other than ElXthe 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) L^ Construction Contractors Cushman&Wakefield IXC Li Engineers/Surveyors/Agents CESO,Inc.;Timmons Group Financing (include current mortgage holders and lenders X selected or being considered to provide financing for acquisition or construction of the property) n t. -. Legal Services Troutman Sanders LLP Real Estate Brokers / Cushman&Wakefield M0 Agents/Realtors for current and '/`I anticipated future sales of the subject propertti SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have • z an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Valvoline, LLC Agenda Item 5 Page 14 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Applicatioyr9/ r-- APPIXAN1 State ATURE PRINT NAME DALE Greg J.Armbruster Vice President,Real Estate Page 5 of 7 Valvoline, LLC Agenda Item 5 Page 15 Disclosure Statement OWNER �. YES NO SERVICE PROVIDER(use additional sheets if needed) C I I Accounting and/or preparer of your tax return • C 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 ❑ in purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 1-1 X❑ Construction Contractors EEngineers/Surveyors/Agents Financing (include current • E mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • riLegal Services Faggert&Frieden,PC Real Estate Brokers/ n n Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Valvoline, LLC Agenda Item 5 Page 16 Disclosure Statement 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. Louis S. Haddad,Manager 2/26/18 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Valvoline, LLC Agenda Item 5 Page 17 Disclosure Statement WRITTEN CONSENT OF THE SOLE MEMBER OF VALVOLINE LLC VALVOLINE US LLC.,being the sole member of VALVOLINE LLC(the "LLC"),a Delaware limited liability company,proceeding under Section 18-302(d)of the Delaware Limited Liability Company Act,hereby takes the following action: RESOLVED: That,effective May 31,2017,the following persons be and they hereby are elected to hold the offices set forth opposite their respective names,and to hold such offices at the will and pleasure of the Sole Member or until their successors are elected and qualified: Anthony R.Puckett Vice President Gregory J.Armbruster Vice President - IN TESTIMONY WHEREOF,this Consent of the Sole Member is hereby executed as of the 31st day of May,2017. VALVOLINE US LLC Laura I Pentova Secretary Valvoline, LLC Agenda Item 5 Page 18 Disclosure Statement AH Sandbridge, LLC 222 Central Park Avenue Suite 2100 Virginia Beach, Virginia 23462 VIA EMAIL TRANSMSSION rj.nutterPtroutman.com April 24, 2018 R.J. Nutter II, Esquire Troutman Sanders, LLP 222 Central Park Avenue Suite 2000 Virginia Beach,Virginia 23462 RE: Valvoline, LLC Deed of Lease dated November 17, 2017,as amended 0.562 acres, Portion of Outparcel 1, Sandbridge Marketplace, Virginia Beach,Virginia Dear Mr. Nutter: AH Sandbridge, LLC is managed by Armada Hoffler Manager, LLC. Armada Hoffler Manager, LLC is the only manager and has zero membership interest in the entity. Armada Hoffler Manager, LLC is managed by three managers. Louis S. Haddad, Michael P. O'Hara and Eric L. Smith, who have complete power and authority to act on behalf of the entity and requires only one Manager's signature to bind. It is our business practice not to release our entity documents for review to unrelated parties and believe the information provided will be sufficient for your needs. Sincerely, 'Ut Michael P. O'Hara Valvoline, LLC Agenda Item 5 Page 19 Item#5 Valvoline, LLC Conditional Use Permit (Automobile Repair Garage) 2105 Princess Anne Road District—Princess Anne May 9, 2018 APPROVED - CONSENT Ms. Oliver: Great, thank you. The next matter is agenda item number five and this is an application of Valvoline, LLC for Conditional Use Permit for an Automobile Repair Garage on the Western Outparcel of 2105 Princess Ann Road in Princess Ann District. R.J. Nutter: Thank you Ms. Vice chairman and Mr. Chairman, for the record,my name is R. J. Nutter, I represent the applicant. Well thank you Dr. Kwasny and the rest of the Commission for placing us on the Consent Agenda. Pleasure to be there and the conditions are all acceptable and we look forward to this new facility. Thank you. Ms. Oliver: Great, thank you. Is there any opposition to this being placed on the Consent Agenda? Hearing none, the Chairman has asked commission Kwasny to read this into the record. Ms. Kwasny: Thank you Vice Chair Oliver. This is a request for Conditional Use Permit in the Princess Ann District for an Automobile Repair Garage specifically a Valvoline Oil C-hange Facility. The concept plan depicts a two-bay garage not facing the right-of-way, vehicular ingress and egress is proposed via one point of access from the interior of the site, no direct vehicular access will be on Princess Anne Road. A 4-foot tall decorative wrought-iron style aluminum fence with brick columns along with a mix of flowering and evergreen trees is proposed along the right- of-way frontage of the site. A mix of shrubs and trees are depicted along the side of the bay doors to assistance screening in the area. The Transition Area Committee reviewed this plan at it's Page 1 meeting in May and found it favorable to the site. The applicant worked with Staff to ensure that as required by the recorded proffers, the quality and architectural style and exterior materials of the structure would be similar to the larger shopping center in the area. The proposed Concept Plan depicts plant material in excess of the minimum, which will also add to the amenities on the site, as recommended by the Comprehensive Plan. The applicant has submitted a preliminary drainage study to the Development Services Center outlining the proposed stormwater management strategy for the subject site. As a result of the review DSC concurs that the proposed conceptual stormwater strategy has the potential to successfully comply with the stormwater requirements of this site. The Staff finds the proposed use acceptable, recommends approval and the Planning Commission puts it on the Consent Agenda. CONDITIONS 1. When the property is developed, it shall be in substantial conformance with the submitted Concept Plan entitled, "VALVOLINE INSTANT OIL CHANGE 2105 PRINCESS ANNE RD. CITY OF VIRGINIA BEACH, VIRGINIA 23456," dated February 28, 2018, and prepared by CESO, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The architectural style and quality of materials used for the proposed structure to be constructed on the Property, shall be in substantial conformity with the renderings entitled, "VALVOLINE INSTANT OIL CHANGE 2105 PRINCESS ANNE RD. CITY OF VIRGINIA BEACH, VIRGINIA 23456" dated May 12, 2017, and prepared by CESO, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. At the time of site plan review, a Landscape Plan reflective of the fence depicted on page 8 of this report and the plant material depicted on the Concept Plan referenced in Condition 1 above, and meeting all of the requirements of the Zoning Ordinance, shall be submitted for review to the Development Services Center and shall obtain an approval prior to the issuance of a building permit. 4. The freestanding sign shall be substantially similar to the sign exhibit entitled "Sandbridge Commons" and is depicted on page 9 of this report. Said sign shall be no taller than eight feet in height and have a brick base to match the building. The freestanding sign shall meet all other requirements of the Zoning Ordinance. Page 2 5. 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. 6. Vehicles in a state of obvious disrepair shall not be stored outside of the building, except that they may be located outdoors for a period of no more than 24 hours from the time the vehicle is placed on the site. Following that time period, all such vehicles shall only be permitted to be stored within the building with the overhead bay doors closed. 7. There shall be no outside storage of equipment, parts, tires, or materials. 8. No outside paging or amplified music system shall be permitted. 9. All vehicle repair and tire installation shall take place inside the building. A motion was made by Commissioner Oliver and seconded by Commissioner Hodgson to approve item 5. AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE - - OLIVER AYE REDMOND AYE RIPLEY ABSENT RUCINSKI ABSENT THORNTON AYE WALL AYE Page 3 WEINER AYE Pam Sandloop: By recorded vote of 9-0, agenda items one, three, five, six, nine, D1, and D3 have been approved by consent. D3 approved as modified with Commissioner Weiner abstaining from item three and Commissioner Redmond abstaining from item D3. Page 4 L I 1 [- II i LI e CO en eAv Buppnii-- —._.1 1-___ , oI I r 04 D CI 1 ----03 ' I Lo' I 1 J Tr- ce , , , ! , ' I_ 1 ...N., .. ,.. peod eueta ..,---\- ________ v :- ,_____. ---cu - 1":"SoNi 1.1 --- It .-------------- rg ./ , - IN 0414 co , i , 1 4.) 1 1 . . . c_-- r CO 0 0 0 b,11111X,. Li. .v Lo , .... [ LCO 1 frtl L. LO CV CO 1 I I 1 1 1 CI — LO 1 I Cli J , I 1 , ... / ,,, , .. , i -------7.--- s. �HU h L....v../ r , _„ v , f„ „ _ ..,„ ,...,., „ -',-,:_,,,,,,- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HALLE PROPERTIES, LLC [Applicant] GOPA TWO, LLC [Property Owner] Conditional Use Permit (Automotive Repair Garage) for the properties located at 4300 Virginia Beach Boulevard & 417 Thalia Road (GPINs 1477859436, 1477858680), COUNCIL DISTRICT — LYNNHAVEN. MEETING DATE: June 19, 2018 • Background: The applicant is requesting a Conditional Use Permit for an Automotive Repair Garage in order to redevelop two sites with a Discount Tire sales and service center. All existing structures will be demolished, and a new 7,700 square-foot building is proposed. The submitted elevations depict a single-story building with a brick veneer exterior that includes contrasting brick accents. Three overhead garage doors are proposed along the western façade, which will not be visible from any rights-of-way. • Considerations: The applicant met with the adjacent neighborhood and has addressed concerns related to access and building design. The proposed streetscape landscaping, which will be in excess of the minimum requirements, will assist in creating an attractive site that is a positive redevelopment for the surrounding area. Furthermore, the proposed site design will result in improved vehicular and pedestrian safety with the elimination of two points of ingress/egress along the rights-of-way. Additional details pertaining to the request, as well as Staff's evaluation of the application, are provided in the attached Staff report. There is no known opposition to this application. During the Planning Commission's informal session, the removal of Condition #5 was discussed, as the proposed garage doors will be out of view from Thalia Drive and from any residential properties. The Planning Commission decided to place the request on the Consent Agenda with Condition #5 stricken, as depicted below. • 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 8-0, with 1 abstention, subject to the removal of Condition #5, to recommend approval of this request. Halle Properties, LLC Page 2of3 1 . When the property is developed, it shall be in substantial conformance with the submitted exhibit entitled, "AERIAL SITE PLAN DTC STORE VAB 11611 4300 VIRGINIA BEACH, VIRGINIA BEACH VIRGINIA", prepared by Kimley Horn, dated February 01, 2018. Said site plan has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. At the time of site plan review, a Landscape Plan reflective of the plant material depicted on the Landscape Plan entitled, "CONCEPT LANDSCAPE PLAN, DTC STORE VAB 11611 4300 VIRGINIA BEACH, VIRGINIA BEACH VIRGINIA", prepared by Kimley Horn, dated February 01 , 2018, and meeting all of the requirements of the Zoning Ordinance, shall be submitted for review to the Development Services Center and shall obtain an approval prior to the site plan approval. Said landscape plan has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. The architectural style and quality of materials used for the proposed structure to be constructed on the Property, when constructed, will be in substantial conformity with the exhibit entitled, "CONCEPTUAL ELEVATIONS, 4300 VIRGINIA BEACH BLVD., VIRGINIA BEACH, VIRGINIA", prepared by Architectural Resource Team, dated April 30, 2018. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 4. All automotive repairs and service shall be performed inside the building. in and out of service bays. 6. No outside storage of vehicles in a state of obvious disrepair, equipment, parts, tires, merchandise or materials shall be permitted. 7. All signage on the site shall comply with the requirements of the City Zoning Ordinance. Any freestanding sign shall be a monument style sign, no taller than eight feet, externally lit and have a brick base. 8. There shall be no decorative pennants, strings of light bulbs, spinners, feather flags, ribbons, streamers, air dancers, inflatables or other similar advertising items located on the site. Halle Properties, LLC Page 3of3 9. At the time of site plan review, a Photometric Plan shall be submitted for review and shall contain footcandle lighting readings for all areas of the site including the perimeter. Said plan shall also specify light fixture height, light fixture type, proposed shielding, and light dimming capabilities. 10.All light fixtures on the site shall be no taller than 14 feet in height. 11.AII light fixtures shall be equipped with automatic photocell on/off and include dimming and or programmable dimming to dim the lumen output to 50%. The automatic dimming should be the manufacturer's standard but as a minimum shall dim to 50%. 12.No outside paging or amplified music system shall be permitted. IN Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De•a • - • Agency: Planning Department arr_itr_____, City Manager. Applicant Halle Properties, LLC Agenda Item Property Owner GOPA Two, LLC Public Hearing May 9, 2018 D3 City Council Election District Lynnhaven Virginia Beach Request ^°°"`d Conditional Use Permit(Automotive Repair Runde; Garage) Staff Recommendation I �,, SPE Approval 1N Vt: Staff Planner a2 Robert Davis Ivolikwil folds A Location 4300 Virginia Beach Boulevard,417 Thalia Road -4-""r" GPINs 1477859436, 1477858680 Site Size 44,866 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Automobile repair establishment,office/B-2 Community Business �, - amrmes Surrounding Land Uses and Zoning Districts " North a-�. " ,-;; : 4i:#{' �` ``imm i, { s_ 1 Fire station/R-7.5 Residential �.;, er South Virginia Beach Boulevard _ Medical offices, restaurant/B-2 Community Business,0-1 Office 4 A East ,a4 ,_ .. ,.- - ; 5.1 Thalia Road ! 1 eI • ' � Mixed retail/B-2 Community Business { - " ,� :4 '� West re.; Restaurant/B-2 Community Business Halle Properties, LLC Agenda Item D3 Page 1 Background and Summary of Proposal • The subject site currently exists as two parcels totaling 44,866 square feet. All existing structures on both of these sites will be demolished. The applicant is requesting a Conditional Use Permit for an Automotive Repair Garage in order to redevelop the site into a Discount Tire sales and service center. No other automobile repairs or services are proposed on the site. • The submitted redevelopment plan depicts a new 7,680 square-foot building. This request will eliminate two of the four existing ingress/egress points along the rights-of-way. The property will be accessed via one ingress/egress along Virginia Beach Boulevard and a second ingress/egress along Thalia Road. • A total of 29 parking spaces are depicted on the concept plan,thereby meeting the minimum parking requirement for a repair garage of this size. • The submitted elevations depict a single-story building with a brick veneer exterior. Brick accents are proposed in contrasting colors to provide architectural interest. Siding for the gables and dormers will be white eight-inch wide metal wall panels. The roof is depicted as a grey standing seam metal. The front of the building will have 12-foot tall glass storefront windows.Three overhead garage doors are proposed along the western façade, which will not be visible from any rights-of-way. • The elevations also depict building mounted signs on the south facade facing Virginia Beach Boulevard and on the western and eastern facades. A proposed freestanding sign is also depicted on the submitted conceptual Landscape Plan. It should be noted that the Zoning Ordinance allows a total of three signs,one of which may be freestanding for this site. Based on this, should the applicant desire a freestanding sign,one of the building mounted signs will need to be removed. A condition has been recommended to ensure that any freestanding sign be constructed with a brick base and materials complementary to the building, as well as meet all the required setback and dimensional requirements of the Zoning Ordinance. • The conceptual Landscape Plan depicts street frontage plantings in excess of the minimum requirements of the Zoning Ordinance. In addition,the required foundation landscaping is depicted on the plan along the front of the building. Two pedestrian connections from the existing sidewalks to the proposed building are also depicted on the Concept Plan. • Typical hours of operation will be from 8:00 a.m. to 6:00 p.m., Monday through Friday and from 8:00 a.m. to 5:00 p.m. on Saturday. • The existing neighborhood sign for Thalia is proposed to remain on this property. Halle Properties, LLC Agenda Item D3 Page 2 R 7.5 Zoning History / # Request B �j�`/ /it 1 MOD(Automotive Repair Establishment)Approved �Z i 74 07/10/2012 CUP(Automobile Service Station)Approved 12/08/1993 2 CRZ(B-2& R-5D to Conditional B-2) Approved Virginia Beach Boulevard 05/17/2017 3 CUP(Church Expansion) Approved 07/02/2002 4 CRZ(R-5D to Conditional 0-1)Approved 03/12/1997 HSS,3 4 72e2 R 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 The proposed request for the Conditional Use Permit is, in Staff's opinion, acceptable given that the land use will be compatible with the existing businesses along this section of Virginia Beach Boulevard. The applicant met with the adjacent neighborhood, where this site serves as a gateway into that community,and has addressed concerns related to access and building design. In Staff's view,the building is designed with finishes that complement the surrounding area. Also,the proposed streetscape landscaping,which will be in excess of the minimum requirements,will also assist in creating an attractive site that is a positive redevelopment for the surrounding area. Furthermore,the proposed site design will result in improved vehicular and pedestrian safety with the elimination of two points of ingress/egress along the rights-of-way. For the reasons stated above, Staff recommends approval of this request, subject to the conditions below. Recommended Conditions 1. When the property is developed, it shall be in substantial conformance with the submitted exhibit entitled, "AERIAL SITE PLAN DTC STORE VAB 11611 4300 VIRGINIA BEACH,VIRGINIA BEACH VIRGINIA", prepared by Kimley Horn,dated February 01, 2018. Said site plan has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 2. At the time of site plan review,a Landscape Plan reflective of the plant material depicted on the Landscape Plan entitled, "CONCEPT LANDSCAPE PLAN, DTC STORE VAB 11611 4300 VIRGINIA BEACH,VIRGINIA BEACH VIRGINIA", prepared by Kimley Horn, dated February 01, 2018, and meeting all of the requirements of the Zoning Ordinance,shall be submitted for review to the Development Services Center and shall obtain an approval prior to the site plan approval. Said landscape plan has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. Halle Properties, LLC Agenda Item D3 Page 3 3. The architectural style and quality of materials used for the proposed structure to be constructed on the Property, when constructed, will be in substantial conformity with the exhibit entitled, "CONCEPTUAL ELEVATIONS, 4300 VIRGINIA BEACH BLVD., VIRGINIA BEACH, VIRGINIA", prepared by Architectural Resource Team, dated April 30, 2018. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. 4. All automotive repairs and service shall be performed inside the building. 6. No outside storage of vehicles in a state of obvious disrepair, equipment, parts, tires, merchandise or materials shall be permitted. 7. All signage on the site shall comply with the requirements of the City Zoning Ordinance. Any freestanding sign shall be a monument style sign, no taller than eight feet, externally lit and have a brick base. 8. There shall be no decorative pennants, strings of light bulbs, spinners, feather flags, ribbons, streamers, air dancers, inflatables or other similar advertising items located on the site. 9. At the time of site plan review, a Photometric Plan shall be submitted for review and shall contain footcandle lighting readings for all areas of the site including the perimeter. Said plan shall also specify light fixture height, light fixture type, proposed shielding, and light dimming capabilities. 10. All light fixtures on the site shall be no taller than 14 feet in height. 11. All light fixtures shall be equipped with automatic photocell on/off and include dimming and or programmable dimming to dim the lumen output to 50%. The automatic dimming should be the manufacturer's standard but as a minimum shall dim to 50%. 12. No outside paging or amplified music system shall be permitted. 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 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. Halle Properties, LLC Agenda Item D3 Page 4 Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed and is outside of the Chesapeake Bay Resource Protection Area. There does not appear to be any significant cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 43,900 ADT 1 39,940 ADT i( LOS C) 56,240 ADT (LOS 4"D") Existing Land Use 2—48 ADT Thalia Road 5,100 ADT 1 6,200 ADT 1(LOS 4"C") Proposed Land Use 3-190 ADT 9,900 ADT 1(LOS 4iD") 1 Average Daily Trips Z as defined by a 2,300 3 as defined by a 7,700 square-foot tire 4 LOS=Level of Service square-foot auto repair store facility Public Utility Impacts Water&Sewer This site is currently connected to both City water and sanitary sewer service. Halle Properties, LLC Agenda Item D3 Page 5 Proposed Site Layout o DISAK.PRCPEATT LAE PER ALTA SOME, ` 4 PAM=11,161" R 5+04 DADS EXISTING EMS STATION ♦�, F ! (To WO. 14 (TO +1•,RA/BApIK SUMP i 4' I I 3 I I` ' I 1 I I I I s t _...) -- — / 1QI1D11141 RANAO EOAwe ia[ I ; t r --- --- ---- "//, J I �'}�':r`'7+ �D' •t Ens--..c 44,14410.00.1 cl4 ti FACE '.1 1 1"c: u _ If •� I I • A'r 1 • .� 1 0 DISCOUNT �° TIRE ' i*i Q • BUILD'NG. 7,680 SFi il Q 0 w' SPACES REQUIRED: 9 1 ' SPACES PROVIDED: 29 J I X 14N I %, • SITE AREA: 1.03± AC I I I .5)! 1 1 Art i �13'&.IL'. S--SfW I I nafr ScSn.G 1.AAAQ ( nuCLD'0 2Y wTM N) J I ' '— --�.py� I Y 1"0.40,.1,0.P(A.11N AM-1 I / 1 • I P I i I �__ , 00STA.0 Ah ACR ALTA SURVEY_ • 71 C •I .11, _ \I) ....,4"--• — $ j; J- - --- o1s,1c kir pot.EIA SURVEY if! F L07 ani psii c trwiaKi - - - y('�. AcorALE PµrT.W AREA -PROPWm r 10014;K0.1 1/111-(Ti..) VIRGINIA BEACH BOULEVARD +/ 0 _aAir*at- Halle Properties, LLC Agenda Item D3 Page 6 Proposed Landscape Concept ri- /IF E••••••.i PO "1.,••PE•.'LJA SA,S. EXISTING EMS STATION 4 a . A.ct,N; ZONING R.5 --..‘ 4} no ,a -4) ...-.o tz ,. _ _ _ v-eoy- c • v r4, 0 , •:, '', , 1 1 , . . ..:, .c.._ avis .,- ' ....., ..,-. .--'-• --{ism EtssiEhzIA • •-. I 01 loot a* i . • ....r 1 05 WAD arm DA 9.11 X. alirilla ,‘. -'--7-.4prer _ V J 1. • 1 A 1•, . _ Al 1$ i tin:4E , t iv r • - I FC 19 :i ti:iti 1 -CO 0 t VA144 , DISCOUNT 4 --.rt-rue I •`"9- , cr , BUILDING: 7,680 SF '40 I ..DIN, < CO SPACES REWIRED: 9I" SPACES PROVIDED: 29 / , , I I ' '.. I-- , 1 SITE AREA: 1.03+ AC ... ....4 . . . .. 'I 41 mt i A lid --. , r tz,zurAN,Got.*Of Gill I i OAK I t - iri 7'1•' . • ' _, _ t ___. 7 , ' • • I • 4.5'• • Pr • •0•••••,OR*.A.d••IG etl— -\ '. ig. , •, , / , ..• _— - 1: '''' •'• . 7 , , .....„...,,, . . . :-. 1 ,.... . 4 IIIIW c I Io /4; . ' ,': . .. ..,7„._411100 i -• . .., ,..., ..„ , - . , ' ' i 'N.,. .\\, \-DIAAG V4If Mt AlTA WNW ilk QOM TxrsnAc V.A..ce ., IIIV PROPOS:0 5'SIOCWALX A.LONC IV*(ra,I VIRGINIA BEACH BOULEVARD II ,,,‘ 6.....Ars 41110111Malsr.Adak rd'4V.rPtilliar Halle Properties, LLC Agenda Item D3 Page 7 Proposed Elevations roc. 0 .r-. . W1,(1) LE ° . ," TIIIII _ OM MICIK >< �.t, _ -Mkt AIL :Orli , p• ll=l.. lull. I r,:sTo.mo.. III! amu - M.••o I..' � Olaf. :ir.ME • IP WALL MN U.,MIN% • = t e e e •nm �, ���.{Rp�SCnaa {Tw.LA CSC.t es.W•4 col awo aaLfR tGUR se.,a[t• �mo.m bEITIM . �` . new .aw.0 l col U v..ria..ow�� ©� ® Eo+.s1111Y1.,oae :roel. aLlam pooeai0 EAST ELEVATION /K -. freCIT 41,MI alp ■ � L q x�1 " M" .. rz 441, Co.cu = ,:,.— -_ I.I. .-.._.. COME m.,o _ v ®a..maw _, DISCOUNT TIRE. z . .arm s ":°.L = la a a a Er :_ .__-g,_ �el Ia - wi+n 00•01•0a 33/A33�l - eLwc.0 sr,o.. - n+ .a/m.noun-MOW,, "o ' .,u•'""'.r...'` rm.uu-Oa.. aw ,«M,Lc.Luz P.M.TO Yl0•11••3611•«x- WEST ELEVATION M`��' pw'� �`a`"'� c," 0 1,POS0T) 0.,= ...M.. f<- . .•1)O --.:_ ' OFf Um., we.[ ay.o :..- _ ':i0.•.R 4> - l �T ' nneo.o iOO w To..�I'.M'IF jpa .s .'',1, y ., 1 M e•,AK. _ - 2.Ye,h COM DISCOUNT TIRE f l� gas-,4 az: •.d...® alop imps rill poi ,..n i ® ...M n .-.A. .. ''''u*.u'� ._ 1 -..n.aeia,OM f "wL.O, - , :: .. ,Z0,...0.4) Nam VIM.[0.436 "°n ®"'O"ae ---I°<'co"�.,.`sf'8 NORTH ELEVATION SOUTH ELEVATION gill_ FINISH LEGEND COLOR/PAINT 1401ES. ED-®OMANUFACTURERS STANDARD COLOR TO MATCH DURANAR UC40597 XL 'BANNER RED- 4, RESERVED © BRICK SOLDIER COURSE - HANSON BRICK"OLD WILLIAMSBURG 630" OPAINT TO MATCH WALL PANEL- BERRIDGE MANUFACTURING"SHASTA WHITE" OFIELD HANSON BRICK "OLD WILLIAMSBURG 630- O ACCENT. HANSON BRICK.MOULTRIE VISTA, p556 pMETAL COPING-FACTORY PAINTED/FACTORY FINISH TO MATCH BERRIDGE MER "ZINC GREY' pH HS-8 METAL WALL PANEL 8"'WIDTH -BERRiDGE MANUFACTURING SHASTA WHITE' 0 BOLLARDS PAINTED SW 6096"JUTE BROWN" Oj HOLLOW METAL DOORS PAINTED SW 6096 JUTE BROWN' 4 PAINT SHERWIN WILLIAMS SW 6096"JUTE BROWN' pL STANDING SEAM METAL ROOF. 12•WIDTH 24 GA. STANDARD, BERRIDGE MANUFACTURING ZINC GREY 4 PAINT TO MATCH METAL ROOF- BERRIDGE MANUFACTURING'ZINC GREY Halle Properties, LLC Agenda Item D3 Page 8 Site Photos .8? oriTi...f.k.„--,:-,.-..,„. . ,.„. . .,---- - - ____7' ---.,-.-:„..i.---_-_----.4....:,.0c.,7., :::f...,...'l_ _ __ • . 1 _. a •g i ;�' - 4 Kt .10 . 3Y k F s 41411 II - t'3.� _ i �. Halle Properties, LLC Agenda Item D3 Page 9 Disclosure Statement Virginia Reach APPLICANT'S NAME Halle Properties, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property Disposition of City X Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 0 .6M/20M Robert A.Davis Halle Properties, LLC Agenda Item D3 Page 10 Disclosure Statement NIB Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. .k2 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Halle Properties, LLC If an LLC, list all member's names: Wllanna, Inc., Managing Member-see attachment Teton-Pitkin, LLC, Member-see attachment If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 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:GOPA Two, LLC If an LLC, list the member's GOPA Associates Family Limited Partnership, Member names:(George Christodoulias, Manager, see attachment) Page 2 of 7 Halle Properties, LLC Agenda Item D3 Page 11 Disclosure Statement ip' 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) None. 1 "Parent subsidiary relationship" means "a reiationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code 4 2.2-3101. 2 "Affil.ated 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 (Ili) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person o•substantially the same person own or manage the two entities;there are common or commingles 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. tw_ SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business o eratina 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 Halle Properties, LLC Agenda Item D3 Page 12 Disclosure Statement 11/413 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) ❑ Accounting and/or preparer of your tax return ® E Architect/ Landscape Architect/ Architectural Resource Team Land Planner Contract Purchaser(if other than ❑ ® the Aoolicant)- 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) Ei Construction ContractorsR TBD ® 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 Williams Mullen Real Estate Brokers / CB Richard Ellis @ ❑ Agents/Realtors for current and The Katsias Company 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 Halle Properties, LLC Agenda Item D3 Page 13 Disclosure Statement CERTIFICATION. I certify the. ail of the rrformaticn cot-rained in th. G sclo<_ure Staternent Form ,r complete,true. anal a_carate. I l;ndc tand t iat, upon feceipt of r.itltica on that the aLpiication Par, been Schrquied fo a.,oiic hear,ng, 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 i, ,_r, rtir,,.r:s, f stir r--;,.,`A 0 r, Jz u • Halle Properties, LLC Agenda Item D3 Page 14 Disclosure Statement 1VB OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) 1 -' Accounting and/or preparer of your tax return ❑ �-' Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than 11:1 the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ „ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 1=1Construction Contractors k/ Engineers/Surveyors/Agents Financing (include current ❑ T mortgage holders and lenders Al selected or being considered to provide financing for acquisition or construction of the property) ElLegal Services Sykes,Bourdon,Ahem,&Levy,P.C. Real Estate Brokers / The Katsias Company 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 Halle Properties, LLC Agenda Item D3 Page 15 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the Information contained In this Disclosure Statement Form Is Icomplete,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. , u— r r� By:(.-h(.7(1.1 _6N-i4Q IiA? ,NER S SIGNATURE PRINT NAME 1 I DATE I PROPERTY - � Page 7 of 7 Halle Properties, LLC Agenda Item D3 Page 16 Disclosure Statement DOUGLAS S.WILSON,ESQ. 20225 N.Scottsdale Road Scottsdale,Arizona 85255 (480)606-5786 (480) 606-4404-Fax dwi Ison@di scounttireco.cam March 21,2018 Re: Wilanna,Inc.,an Arizona corporation To Whom it May Concern: You have requested the named officers of the above-mentioned entity. I am the Secretary of Wilanna, Inc.and the other officers are: Bruce T.Halle,Jr. - Chairman Lisa Pedersen - President Diane Halle - Vice President Susan Lyle - Vice President Michael Zuleback - Treasurer Cordially, Douglas S.Wilson -• Secretary Halle Properties, LLC Agenda Item D3 Page 17 Disclosure Statement ACTION BY UNANIMOUS CONSENT IN WRITING AS AND FOR A MEETING OF WILANNA,INC. Effective as of November 15,2004 The undersigned,being the director of Wilanna, Inc.,an Arizona corporation (the"Corporation"),which is the Managing Member of Halle Properties, L.L.C.,an Arizona balked liability company ("HP"), by unanimous consent in writing, without the formality of convening a meeting, does hereby adopt and approve the following actions of the Corporation: RESOLVED,that the following individuals be,and each of them hereby Is, authorized and empowered, for and on behalf of the Corporation as an authorized agent of the Corporation, to take such acts and execute such documents as any one of them deems necessary, appropriate or advisable in connection with the business of the Corporation and HP,such business to include, without limitation, the purchase, lease, development and sale of real property: James Silhasek D.Scott Fehrman Douglas S.Wilson Dan Wainwright Don Thrailkill Rich Sommer RESOLVED, that all actions taken by the individuals listed above for and on behalf of the Corporation, be, and they hereby are, ratified and approved as the acts of the Corporation. HALLE PROPERTIES,L.L.C., an Arizona limited liability company By: Wilanna,Inc.,an Arizona corporation, Mering Member By: -^ Its: p T• liwplminuks1annual wilanna HE real est Halle Properties, LLC Agenda Item D3 Page 18 Disclosure Statement DOUGLAS S.WILSON,ESQ. 20225 N. Scottsdale Road Scottsdale,Arizona 85255 (480)606-5786 (480) 606-4404-Fax dwi Ison@d is county ireco.com March 27,2018 Re: Teton-Pitkin,LLC,an Arizona limited liability Company To Whom It May Concern: You have requested the name of the member for the above-mentioned entity. The Bruce T.Halle 2003 TP Irrevocable Trust is the only member of this limited liability company. The manager is Wilanna,Inc., an Arizona corporation. Cordially, 274 ll nn Douglas S.Wilson Secretary Halle Properties, LLC Agenda Item D3 Page 19 Disclosure Statement RESOLUTIONS OF THE MEMBERS OF GOPA TWO,L.L.C. These Resolutions of the Members of GOPA TWO, L.L.C. (these"Resolutions") are adopted by GOPA ASSOCIATES FAMILY LIMITED PARTNERSHIP,a Virginia limited partnership, which is the sole member of GOPA TWO, L.L.C., a Virginia limited liability company(the"Company"). RECITALS A. Pursuant to a Ground Lease Agreement dated November 30, 2017, the Company has decided to lease to Italie Properties,L.L.C.,an Arizona limited liability company(the"Tenant"), certain real property located at 4300 Virginia Beach Boulevard,Virginia Beach,Virginia 23452 (the"Property")for use as a Discount Tire store. B. The sole member of the Company has further decided that it is in the best interest of the Company to confirm that George Christodoulias is the Manager of the Company and to authorize George Christodoulias,in his capacity as the Manager of the Company,to execute and deliver on behalf of the Company any and all documents he deems necessary or advisable to enter into the lease described above and to assist the Tenant in obtaining any necessary governmental approvals, including without limitation the approval of the City of Virginia Beach for a Conditional Use Permit to operate its business on the Property. RESOLUTIONS NOW, THEREFORE, IT IS RESOLVED, that the Company, by George Christodoulias,the Manager of the Company,whose signature alone shall bind the Company,is authorized to act as follows: 1. To execute and deliver all contracts,leases,applications, affidavits,instruments, certifications or other documents on behalf of the Company,as he deems necessary or desirable, to consummate the lease of the Property and to enable the Tenant to obtain any necessary governmental approvals,including without limitation the approval of the City of Virginia Beach for a Conditional Use Permit to operate its business on the Property; 2. To do any and all things deemed necessary or advisable,in his sole discretion,to accomplish and perform the transactions herein contemplated or the obligations required of the Company. These Resolutions are effective as of January 30, 2018 (the "Effective Date"). All actions accomplished by George Christodoulias,on behalf of the Company prior to the Effective Date of these Resolutions are hereby ratified and confirmed, the same as if they were accomplished after the Effective Date. 1 Halle Properties, LLC Agenda Item D3 Page 20 Disclosure Statement IN WITNESS WHEREOF,the undersigned,being the sole member of the Company, has executed these Resolutions as of the Effective Date. GOPA Associates Family Limited Partnership, a Virginia limited partnership,Member By: C_)-// George Christodoulias,General Partner ByC)'ireit ‘-- Ourania Christodoulias,General Partner 2 Halle Properties, LLC Agenda Item D3 Page 21 Item #D3 Halle Properties, LLC Conditional Use Permit(Automobile Repair Garage) 4300 Virginia Beach Blvd,417 Thalia Road District- Lynnhaven May 9, 2018 APPROVED - CONSENT Ms. Oliver: Thank you. The next matter is agenda item number D3, and this is an application for Conditional Use Permit for Halle Properties LLC, Automobile Repair Garage on property located at 4300 Virginia Beach Boulevard and 417 Thalia Road, located in the Lynnhaven District. Is there representative for this application? Grady Palmer: Thank you Mr. Chairman and Vice Chair and members of the Commission. My name is Grady Palmer. I am an attorney and I represent Discount Tire. In this application and with the removal of condition number five, we are in agreement with all the conditions. Thank you. Ms. Oliver: Great, thank you very much. Is there any opposition to this being placed on the consent agenda? Hearing none, the Chairman is asked commissioner Inman to read this into the record. Mr. Inman: Thank you. This is an application for Conditional Use Permit on the northwest corner of Virginia Beach Boulevard and Thalia Road in order to operate an automotive repair garage as the category is called. It"s actually a proposed location for Discount Tire, which would construct a new facility on that site. The submitted elevation depicts a single-story building with brick veneer exterior. Brick accents are proposed in contrasting colors to provide architectural interest. Siding for the gables and dormers will be white 8-inch wide metal wall panels. The roof Page 1 depicted as a gray standing seam metal roof with a 12-foot tall storefront windows. The conceptual landscape plan depicts street frontage plantings in excess of the minimum requirements of the zoning ordinance. In addition, the require foundation landscaping is depicted on the plan along the front of the building. An existing neighborhood sign for Thalia is proposed to remain on the property. This property has had in its zoning history an automotive repair facility in the past. There are 11, well, there are proposed 12 conditions. There will be 11 upon deletion of number 5, which has to do with the doors remaining closed, garage doors that are up on the facility which don't face any thoroughfare. So we have put it on the consent agenda since there is recommendation by the staff also for approval with the deletion of number 5. CONDITIONS 1. When the property is developed, it shall be in substantial conformance with the submitted exhibit entitled, "AERIAL SITE PLAN DTC STORE VAB 11611 4300 VIRGINIA BEACH, VIRGINIA BEACH VIRGINIA", prepared by Kimley Horn, dated February 01, 2018. Said site plan has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. At the time of site plan review, a Landscape Plan reflective of the plant material depicted on the Landscape Plan entitled, "CONCEPT LANDSCAPE PLAN, DTC STORE VAB 11611 4300 VIRGINIA BEACH, VIRGINIA BEACH VIRGINIA", prepared by Kimley Horn, dated February 01, 2018, and meeting all of the requirements of the Zoning Ordinance, shall be submitted for review to the Development Services Center and shall obtain an approval prior to the site plan approval. Said landscape plan has been exhibited to the Virginia Beach City Council and is on file in the Depaitment of Planning & Community Development. 3. The architectural style and quality of materials used for the proposed structure to be constructed on the Property, when constructed, will be in substantial conformity with the exhibit entitled, "CONCEPTUAL ELEVATIONS, 4300 VIRGINIA BEACH BLVD., VIRGINIA BEACH, VIRGINIA", prepared by Architectural Resource Team, dated April 30, 2018. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development. Page 2 4. All automotive repairs and service shall be performed inside the building. 5. All garage doors shall remain closed, other than for the maneuvering of vehicles in and out of service bays. 6. No outside storage of vehicles in a state of obvious disrepair, equipment, parts, tires, merchandise or materials shall be permitted. 7. All signage on the site shall comply with the requirements of the City Zoning Ordinance. Any freestanding sign shall be a monument style sign, no taller than eight feet, externally lit and have a brick base. 8. There shall be no decorative pennants, strings of light bulbs, spinners, feather flags, ribbons, streamers, air dancers, inflatables or other similar advertising items located on the site. 9. At the time of site plan review, a Photometric Plan shall be submitted for review and shall contain footcandle lighting readings for all areas of the site including the perimeter. Said plan shall also specify light fixture height, light fixture type, proposed shielding, and light dimming capabilities. 10. All light fixtures on the site shall be no taller than 14 feet in height. 11. All light fixtures shall be equipped with automatic photocell on/off and include dimming and or programmable dimming to dim the lumen output to 50%. The automatic dimming should be the manufacturer's standard but as a minimum shall dim to 50%. 12. No outside paging or amplified music system shall be permitted. A motion was made by Commissioner Oliver and seconded by Commissioner Hodgson to approve item D3. AYE 8 NAY 0 ABS 1 ABSENT 2 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE Page 3 REDMOND ABSTAIN RIPLEY ABSENT RUCINSKI ABSENT THORNTON AYE WALL AYE WEINER AYE Pam Sandloop: By recorded vote of 8-0, agenda items one, three, five, six, nine, Dl, and D3 have been approved by consent. D3 approved as modified with Commissioner Weiner abstaining from item three and Commissioner Redmond abstaining from item D3. Page 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing Roadside Guide Signs for the Zeiders American Dream Theater located at 4509 Commerce Street, COUNCIL DISTRICT — BAYSIDE. MEETING DATE: June 19, 2018 • Background: Section 33-114.4.1 of the City Code allows City Council, upon application of a not- for-profit cultural, literary, scientific, and artistic establishment, to approve the installation of directional signs in the public right-of-way. The City Code defines "Roadside Guide Signs" as a sign intended to provide traffic directions concerning the location of a use or establishment described above. As provided for by Section 33-114.4.1, Zeiders American Dream Theater has submitted to the Director of Planning a request for the installation of three Roadside Guide Signs in various locations within the Central Business Core District. • Considerations: According to Section 33-114.4.1 , the following provisions are considered in approving roadside guide signs: • Establishment is operated for cultural, literary, scientific or artistic purposes and on a not-for-profit basis. • No sign shall be larger than five (5) square feet in area; no sign shall be more than nine and one-half (9 1/2) feet above ground level; all signs must have a minimum clearance from ground level to the bottom of the sign face of seven (7) feet. • No establishment shall be the subject of more than three (3) roadside guide signs; provided City Council may allow additional signs if it finds that three signs are insufficient to provide motorists with adequate guidance. • Lettering, graphic elements and background shall be consistent with applicable standards for such signage. The application submitted by Zeiders American Dream Theater is consistent with all of the provisions listed above. The sign exhibit found on page 4 of this document depicts a brown background with white lettering, and a white border around the edge of the sign. Each sign shall not exceed five square feet in area and will maintain the required height and clearance. Zeiders American Dream Theater Roadside Guide Signs Page 2 of 4 The three proposed sign locations correspond to the numbers below and as depicted on the map provided on page 3 of this document. 1. Sign on Independence Boulevard, near the intersection of the road and the former Norfolk Southern Railroad right-of-way. Sign will be located on the east side of Independence Boulevard, accommodating north-bound traffic. 2. Sign on Virginia Beach Boulevard, between the intersections of Central Park Avenue and Town Center Drive. The sign will be located in the roadway median strip. 3. Sign on Constitution Drive, near the intersection with Columbus Street. The sign will be located in the roadway median strip. Upon City Council approval, the specific and final locations will be determined in consultation with the Department of Public Works, Traffic Engineering. • Recommendations: The submitted sign locations and design are consistent with Section 33-114.4.1 of the City Code. Zeiders American Dream Theater provides a unique cultural and artistic experience for Virginia Beach residents and visitors. Providing adequate roadside guide signs increases awareness of the theater and of its location. Staff recommends approval of this request with the conditions listed below. 1 . When the signs are installed, they shall be installed in locations substantially in conformance with the attached exhibit entitled, "Location of Roadside Guide Signs, Zeiders American Dream Theater." 2. When the signs are installed, the design and color shall be in substantial conformance to the submitted drawing and as described above. • Attachments: Resolution Location Map Sign Design Exhibit Disclosure Statements Recommended Action: Staff recommends Approval. Submitting Dee artrnent/Agency: Planning Department City Manager: 1 A RESOLUTION AUTHORIZING ROADSIDE GUIDE 2 SIGNS FOR ZEIDERS AMERICAN DREAM THEATER 3 LOCATED AT 4509 COMMERCE STREET 4 5 WHEREAS, the Zeiders American Dream Theater, (hereinafter the "Applicant), 6 located at 4509 Commerce Street (Bayside District), is an establishment operated 7 exclusively for cultural and artistic purposes on a not-for-profit basis; and 8 9 WHEREAS, the Applicant has requested that it be allowed to erect three (3) 10 roadside guide signs in the public rights-of-way along Independence Boulevard, Virginia 11 beach Boulevard and Constitution Drive in order to provide directions to Zeiders 12 American Dream Theater for the benefit of motorists unfamiliar with its location; and 13 14 WHEREAS, the City Council finds that three (3) roadside guide signs are 15 sufficient to provide motorists with adequate guidance to Zeiders American Dream 16 Theater. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 That the placement of three (3) roadside guide signs by the Applicant is hereby 22 authorized, upon the following conditions: 23 24 1. When the signs are installed, they shall be installed in locations substantially 25 in conformance with the attached exhibit entitled, "Location of Roadside 26 Guide Signs, Zeiders American Dream Theater." 27 2. When the signs are installed, the design and color shall be in substantial 28 conformance to the submitted drawing and as described. 29 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: P anning Departm-4 Cit '4tt.rne 'STI ice CA14382 R-1 May 24, 2018 1 Zeiders American Dream Theater Roadside Guide Signs Page 3 of 4 Pi i 'v ' L I 1 � I ( I M �a NVI Tii r 1- I z i -771' J I Q 1 -u ! I OLP t.f1 coU) II I I j CO l: 0 Q -- I I w co 1 1, I .---- milisNoo Z CONSTITUTION cc 1r . > --i—, s4 Z 1 H j { z c 1`J � o 0 i - " 03 z v V n 2!Q a31N33 NMOL __ ___ ; Nil V1138VSI Z# NNIS <;mu co ` ]AV )ILlVd 1V8lN3O V C1 - IL a _ l 1S 13?1eIVw I ao 1l38tIVO V1 Z I j '0 I m u ' U r co u j ' m E 0 m u41 i I C7 n) ,w "7f o -- - ►_ r VI C aA18 3oN3aN3d3aNI I I t0 w co O •L 1 � I- _ ,_. 1 Q� ,, , m ; c < I 1 okJ W J NJ Zeiders American Dream Theater Roadside Guide Signs Page 4 of 4 20000r/ ZEIDERS AMERICAN DREAM THEATER tr.')s Virginia Beach APPLICANT'S NAME Zeiders American Dream Theater DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, SECTION 1 / APPLIC AUNT DISCLOSURE FOR CITY USE ONLY/All 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). ❑ APPLICANT NOTIFIED OF HEARING DATE: o NO CHANGES AS OF DATE: ED REVISIONS SUBMITTED DATE: Virginia Beach El Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. IX Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Zeiders American Dream TheatE 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) Please see attached list. (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 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) I ► Accounting and/or preparer of your tax return r7 Architect / Landscape Architect / 1 I Land Planner © Contract Purchaser (if other than Elthe Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ npurchaser of the subject property (identify purchaser(s) and purchaser's service providers) U ❑X Construction Contractors Engineers / Surveyors/Agents Financing (include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / nAgents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 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 Applic- ion. ` - ):S---- James Bryan 3/29/18 APPLICAN TURF PRINT NAME DATE Page 5 of 7 HIDERS 4573 Bank Street Virginia Beach, VA 23462 AMERICAN Box Office: 757-499-0317 DREAM ' www.AmericanDreamTheater.org THEATER Board of Directors March 29, 2018 Chairman Michael Zeiders Director of Planning Chairman,Zeiders ATTN: Planning Admistration Division Enterprises,Inc. City of Virginia Beach Secretary/Treasurer Rm 115, Bldg. 2 John Ickes 2405 Courthouse Drive U.S. Navy and Neptune Virginia Beach, VA 23456 Festival(Ret) Morgan Davis Dear Sir or Madam, President and Chief I am writing to request permission to install three way-finding road side Banking Officer, TowneBank signs for our new theater, Zeiders American Dream Theater. I have ' enclosed a basic design for the sign to look like, maps indicating the fol- Christopher Hanna lowing requested locations of the signs. The locations we are requesting Emeritus Artistic Director, Virginia Stage are listed below: Company Independence Blvd heading north before Columbus Street. (this Bryan Kidd Band Navy Band Chief sign would have a Right arrow) Arranger(Ret) o Virginia Beach Blvd heading West before Central Park Ave. (this sign will have a Left arrow) Martha McClees o Constitution Drive heading north before Columbus St. (this sign Executive Director, Virginia Beach Vision would have a Left arrow) Neil Rose I am also asking that this item be placed on the agenda of the next avail- Partner/Attorney, Wilcox &Savage able City Council meeting for further review and approval. I look forward to hearing from you and working together to promote Virginia Beach's Joel Rubin CEO Rubin new performing arts theater. Communications Group Sincerely, Jim Spore President&CEO, Reinvent Hampton Roads OPP' Anthony Stockard Director, Division of Drama, Norfolk State University Jam-- '•ryan David Whiffed Marketing and Patron Manager Deputy Commonwealth Zeiders American Dream Theater Attorney, City of Chesapeake Zeiders American Dream Theater Board Member Addresses September 2017 Michael Zeiders, Chairman Anthony Stockard 1532 Duke of Windsor Road 2620 Corprew Avenue Virginia Beach,VA 23454 Norfolk,Virginia 23510 John Ickes, Secretary/Treasurer David Whitted 3045 Silver Maple Drive 1301 Woodview Lair Virginia Beach,VA 23452 Chesapeake,VA 23322 Morgan Davis Terry Flint 601 Linkhorn Drive Executive Director Virginia Beach,VA 23451. 4573 Bank Street Virginia Beach,VA 23462 Christopher Hanna 133 East Severn Road Norfolk,VA 23505 Bryan Kidd 9371 Shevlin Court Nokesville,VA 20181 Martha McClees 2801 Einstein Drive Virginia Beach,VA 23456 Neil Rose 4545 Commerce St,Unit 3503 Virginia Beach,VA 23462 Joel Rubin 1213 Heathcliff Drive Virginia Beach 23464 James Spore 1609 Shadblow Court Virginia Beach,VA 23454 INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY P. O. BOX 2508 CINCINNATI, OH 45201 Employer Identification Number: o KM 46-2010262 DLN: Date: f C �g 17053236752003 ZEIDERS AMERICAN DREAM THEATER Contact Person: 1532 DUKE OF WINDSOR ROAD MITCHELL P STEELE ID# 31360 VIRGINIA BEACH, VA 23454-2504 Contact Telephone Number: (877) 829-5500 Accounting Period Ending: October 31 Public Charity Status: 509(a) (2) Form 990 Required: Yes Effective Date of Exemption: January 8, 2013 Contribution Deductibility: Yes Addendum Applies: No Dear Applicant: We are pleased to inform you that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax under section 501(c) (3) of the Internal Revenue Code. Contributions to you are deductible under section 170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status, you should keep it in your permanent records. Organizations exempt under section 501 (c) (3) of the Code are further classified as either public charities or private foundations. We determined that you are a public charity under the Code section(s) listed in the heading of this letter. Please see enclosed Publication 4221-PC, Compliance Guide for 501(c) (3) Public Charities, for some helpful information about your responsibilities as an exempt organization. Letter 947 (DO/CG) -2- ZEIDERS AMERICAN DREAM THEATER We have sent a copy of this letter to your representative as indicated in your power of attorney. Sincerely, Director, Exempt Organizations Enclosure: Publication 4221-PC Letter 947 (DO/CG) K. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAY AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS -ELECTRICAL DIVISION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS NORFOLK AND VIRGINIA BEACH JOINT LAND USE STUDY POLICY COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD MINORITY BUSINESS COUNCIL OLD BEACH DESIGN REVIEW COMMITTEE SOCIAL SERVICES BOARD STORMWATER APPEALS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***************************** CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/05/2018 PAGE: 1 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H V W B N E J A U I B P DNOK MC H L W O 0 YLN A 0 A R S 0 T R EEENSN I 00 T T R Y S E S TNND CITY MANAGER'S BRIEFINGS A. PRIVATE—PUBLIC EDUCATION and Taylor Adams, INFRASTRUCTURE(PPEA) Operations PROCEDURES REVISIONS Administrator— Finance B. POLICE DEPARTMENT INTERNAL Lyndon Remias,City AFFAIRS AUDIT RESULTS Auditor ADD RURAL WATER SUPPLY BURN David Hutcheson,Fire ON Chief C. REVIEW OF FEDERAL FUNDING RESCHEDULED RECEIVED BY HOUSING AND DUE TO TIME NEIGHBORHOOD PRESERVATION CONSTRAINT Andrew Friedman, Director—Housing and Neighborhood Preservation VI MINUTES APPROVED 9-0 Y Y Y Y Y Y Y A Y Y F. May 15,2018 T A N E D H. MAYOR'S PRESENTATION 1. TIDEWATER BUILDERS ASSOCIATION Fred Napolitano,H, (TBA)SCHOLARSHIP FOUNDATION Scholarship Certificates to Virginia Beach Students Foundation Chairman John Olivieri—Past President Maureen Olivieri 2. GFOA EXCELLENCE IN FINANCIAL Patti Phillips, REPORTING Director—Finance PUBLIC HEARINGS 1. ACQUISITION OF AGRICULTURAL No Speakers LANDS PRESERVATION(ARP) EASEMENT 1812 Indian River Road 2. DECLARE DEED RESTRICTIONS TO BE No Speakers EXCESS CITY PROPERTY 296 Kings Grant Road J.1. Ordinance to AMEND City Code Section 28-9 ADOPTED,BY 10-0 YVVYVYY Y Y Y re Sewer Cleanouts CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/05/2018 PAGE: 2 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H V W B N E J A U I B P DNOKMCHL W O O Y LN A 0 A R S 0 T R E E ENS N I 00 T T R Y S E S TNND J.2. Resolution to RESCIND the Authorization for DENIED 6-3 N Y N Y Y Y N a Y Y the City Manager to seek Transportation s Partnership Opportunity Fund(TPOF)Grants T for the Atlantic Avenue Reconfiguration 1 Project N E D J.3. Ordinance to AMEND Town Center Special ADOPTED,BY 8-2 N Y Y Y Y Y N Y Y Y Service District(SSD)to ADD Facilities and CONSENT Services re Limited Delegation of Responsibilities and Use of Special Service District Levies J.4. Resolution to AUTHORIZE an Agreement ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y between the City and the Central Business CONSENT District re recreation and cultural events in the Town Center area J.S. Ordinance to AUTHORIZE the acquisition of DEFERRED 10-0 Y Y Y Y Y Y Y Y Y Y Agricultural Land Preservation (ARP) INDEFINITEY,BY easement from My III Sons,LLC,at 1812 CONSENT Indian River Road J.6. Ordinance to AUTHORIZE the RELEASE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y of certain City-Held Deed Restrictions on the CONSENT property located at 296 Kings Grant Road J.7. Ordinance to AMEND the FY 2018-19 ADOPTED 10-0 Y Y Y Y Y Y Y Y Y Y Housing and Neighborhood Preservation Operating Budget re adjustments in Federal funding J.B. Resolution to AUTHORIZE the ISSUANCE ADOPTED 10-0 Y Y Y Y Y Y Y Y Y Y by the Virginia Beach Development Authority (VBDA)of Revenue and Refunding Bonds not to exceed$36-Million re loan to Virginia Wesleyan University(City shall not have any payment obligation) J.9. Resolution to DIRECT the City Attomey to ADOPTED 10-0 Y Y Y Y Y Y Y Y Y Y file a Petition for a Writ of Special Election re vacancy in Centerville District J.10 Ordinance to AUTHORIZE and DIRECT the ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y City Manager to EXECUTE a Memorandum CONSENT of Agreement(MOA)for the contribution of funds to the Department of the Army re Sandbridge Beach Nourishment CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/05/2018 PAGE: 3 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H V W B N E J A U I B P DNOKMCH L W O O Y LN A 0 A R S 0 T R E EENSN I 0 0 T T R Y S E S TNND J.11. Ordinance to AUTHORIZE and DIRECT the ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y City Manager to EXECUTE a Deed of CONSENT Release and Exchange pertaining to an Agriculture Lands Preservation (ARP) easement located on land of Kellye Suzanne Vaughan,Rebekah V.and James T.Albert and Mark E.Vaughan J.12. Ordinance to APPROPRIATE $279,000 in ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y local revenue to the FY2017-18 Department of CONSENT Finance Operating Budget re Stop Program J.13. Ordinances to ACCEPT and ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y APPROPRIATE: CONSENT $2,500 to Parks and Recreation re Cigarette Litter Prevention Program at Little Island Park $36,305 to Emergency Medical Services (EMS)re Support Rescue Squad Operations and Training $50,000 to Housing and Neighborhood Preservation re Residential Design Professional Services J.14. Ordinance to TRANSFER$152,672 within ADOPTED 8-2 N Y Y Y Y Y N Y Y Y the FY2017-18 Convention and Visitors Bureau Operating Budget re purchase of two (2)shuttles for the Sports Center K.l WILLIS FAMILY PARTNERSHIP for a APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y Change of Nonconformity re reduction of ten CONDITIONED BY (10)legally conforming units at 318&320 CONSENT 34th Street DISTRICT—BEACH K.2 EVERGREEN VIRGINIA, LLC for APPROVED,AS 10-0 Y Y Y Y Y Y Y Y Y Y Modification of Conditions re motor vehicle MODIFIED,BY sales, rentals, repair and car wash at 296 CONSENT Kings Grant Road and 2981, 3001, 3025,& 3033 Virginia Beach Boulevard DISTRICT—BEACH K.3 SXCW PROPERTIES II, LLC for a WITHDRAWN,BY 10-0 Y Y Y Y Y Y Y Y Y Y Conditional Use Permit re car wash and CONSENT automobile service station at 3264 Holland Road DISTRICT—ROSE HALL CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/05/2018 PAGE: 4 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H V W B N E J A U I B P DNOKMCH LW O O Y LN AO AR S 0 T R EEENSN I 00 T T R Y S E S TNND K.4 Ordinances re Short Term Rentals DEFERRED TO 10-0 Y Y Y Y Y Y Y Y Y Y JULY 3,2018 APPOINTMENTS: RESCHEDULED L.1 B YCON S EN S US 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAY AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS NORFOLK AND VIRGINIA BEACH JOINT LAND USE STUDY POLICY COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD MINORITY BUSINESS COUNCIL OLD BEACH DESIGN REVIEW COMMITTEE SOCIAL SERVICES BOARD STORM WATER APPEALS BOARD M/N RECESS FORMAL SESSION 7:18 PM OPEN DIALOGUE 3 Speakers 7:25 PM ADD RECESS TO CLOSED SESSION 7:25 PM ON RECONVENE FORMAL SESSION 7:55 PM CERTIFICATION CERTIFIED 10-0 Y Y Y Y Y Y Y Y Y Y 0 ADJOURNMENT 7:57 PM