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HomeMy WebLinkAbout08-07-2018 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MAYOR LOUISR JONES.BnnWe-Dstrict4 W✓ Gy, VICE MAYOR JAMES L.WOOD.Lynnkaven-Districts 4 _ JESSICA P.ABBOTT,Kempevllle-Marie:2 O2 f' M.BENJAMIN DAVENPORT.At Large G 2 ROBERT DYER Centerville-AI U BARBARA M.HENLEY.PrincesAnne District 7 SHANNON DSKANE.Rose Nnii District] JOHN D.MOSS.At Longe JOHN MRY WILSONth. DistrAt-Large 6 °°• " ROSEMARY WILSON.Ai-(age CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER DAVID L.HANSEN VIRGINIA BEACH VIRGINIA 23456-9005 CITY ATmRNEY—MARK D.STILES CITY COUNCIL AGENDA PHONE:(957)3854303 CITY ASSESSOR RONALD D.AGNOR FAX(757)385-5669 CITY AUDITOR LYNDONS REMIAS August 07,2018 E-MAIL:CITYCOUNCJL@vbgov.com CITY CLERK—AMANDA BARNES MAYOR LOUIS R.JONES PRESIDING I. CITY COUNCIL'S BRIEFINGS -Conference Room- 2:00 PM A. SHORT TERM RENTAL DISCUSSION City Council B. HUMAN RIGHTS COMMISSION ANNUAL REPORT Rajeeb Islam, Chairman II. CITY MANAGER'S BRIEFINGS A. FOOD TRUCKS UPDATE Beverly K. Wilson, Deputy City Attorney B. CITY HALL 65% DESIGN DEVELOPMENT UPDATE Thomas Nicholas, City Engineer C. HOUSING and PROPERTY CONDITIONS SURVEY Andrew Friedman, Director—Housing and Neighborhood Preservation Wells Freed, Housing Code Administrator III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room- 4:30 PM A. CALL TO ORDER—Mayor Louis R. Jones B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Louis R. Jones B. INVOCATION: Reverend Garrett Bradley Bugg Pastor, Wycliffe Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES I. INFORMAL and FORMAL SESSIONS July 3, 2018 July 10, 2018 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. RELOCATION OF EASEMENT Landstown Road Improvement Project 2. SALE OF EXCESS CITY PROPERTY 236 Middle Lane 3. PROPOSED OPEN AIR CAFE FRANCHISE AGREEMENT Fish Bones Café at 1211 Atlantic Avenue 4. ALLOCATION OF EDWARD BYRNE JUSTICE ASSISTANCE GRANT Law Enforcement Purposes I. ORDINANCES/RESOLUTIONS 1. Resolution CELEBRATING the 75th Anniversary of Naval Air Station Oceana 2. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a First Amendment to the Memorandum of Agreement (MOA) with Hampton Roads Sanitation District(HRSD) and its member localities re funding and implementation of Regional Wet Weather Management Plan (RWWMP) 3. Resolution to SUPPORT Offshore Wind off the Coast of Virginia 4. Resolution to AMEND the Membership of the Transition Area/Interfacility Traffic Area Citizens' Advisory Committee(ITA) 5. Resolution to AMEND the Membership of the Oceana Land Use Conformity Committee (OLUCC) 6. Ordinance to AMEND City Code Sections 2-455 and 2-456 re name and functions of the Department of Aquarium,Historic Houses and Museums 7. Ordinance to GRANT a Franchise Agreement re Open Air Café in the Resort Area to Fish Bones at 1211 Atlantic Avenue 8. Ordinance to AUTHORIZE the relocation of a 25' portion of an existing Dominion Energy Easement along Landstown Road by declaring excess and granting a 25' Dominion Energy Easement on the far Eastern Side of the remaining 120' existing Easement re Landstown Road Improvement Project 9. Ordinance to AUTHORIZE and ACCEPT the dedication of property and easement re Buccaneer Road Bulkhead Replacement Project 10. Ordinance to AUTHORIZE and ACCEPT the dedication of 10 square feet of property located at the intersection of Indian River Road and Lifetime Circle re Right-of-Way purposes 11. Ordinance to DECLARE EXCESS City Property at 236 Middle Lane and AUTHORIZE the City Manager to sell to Chad A. and Jennifer L. Ewell 12. Ordinance to APPROVE the sale of School Board property re Princess Anne Road VII Project and ALLOW the School Board to retain the sale proceeds 13. Ordinances re Lynnhaven River Basin Ecosystem Restoration Project: a. ESTABLISH CIP Project 7-059 and TRANSFER$3-Million from Water Quality and Restoration Participation Projects II and Lynnhaven River Watershed II CIP Projects b. AUTHORIZE the City Manager to EXECUTE a Project Partnership Agreement with the Army Corps of Engineers 13. Ordinance to AUTHORIZE a $25,000 Grant to the Navy League, Hampton Roads Council re Oceans 75ih Anniversary Celebration and RETRACT the prior Grant Authorization to We Feed 14. Ordinance to TRANSFER $1-Million from CIP 7-151 Eastern Shore Drive Drainage Phase Ito CIP 7-047 Ashville Park Drainage Improvements Phase I 15. Ordinance to ACCEPT In-Kind Donations to the Department of Public Libraries from the Friends of the Virginia Beach Public Libraries and the Virginia Beach Library Foundation re support Summer Reading Challenge 16. Ordinances to ACCEPT and APPROPRIATE: a. Donations totaling$49,961.22 from the Friends of the Virginia Beach Public Libraries to FY 2017-18 Operating Budget of the Department of Public Libraries b. Grant Funds totaling$88,131 from the Edward Byrne Justice Assistance Grant to FY2018-19 Operating Budgets of the Sheriff's Office,Police Department and the Community Corrections and Pretrial Division 17. Ordinances to APPROPRIATE: a. $80,000 from Fund Balance of the Police Federal and State Seized Assets Special Revenue Fund to FY2018-19 Operating Budget of the Police Department re purchase of vehicles for Investigations Division b. $125,000 from the Virginia Tourism Authority to the FY2018-19 Operating Budget of Economic Development and AUTHORIZE Grant to the Virginia Sports Hall of Fame c. $16,500 from the Eleventh Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception and AUTHORIZE three(3) equal donations to The Global Studies Academy at Tallwood High School, The Achievable Dream Academy at Seatack Elementary and Goodgirls Write Code, Inc. J. PLANNING 1. PRINCESS ANNE HOTEL, LLC/CITY OF VIRGINIA BEACH for a Conditional Change of Zoning from B-2 Community Business to Conditional B-4 Mixed Use at the Northeast Corner of Princess Anne Road and Community College Place Intersection DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: STAFF—DEFERRAL PLANNING COMMISSION -APPROVAL 2. 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). (Deferred from July 3, 2018) DISTRICT 7— PRINCESS ANNE RECOMMENDATION: APPROVAL 3. NATHAN HINCH WAICUNAS for a Conditional Use Permit re home occupation — retail firearm sales at 1332 Stringfellow Court DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 4. BRITTANY PRIMMER/BRANDI MILLER for a Conditional Use Permit re family day-care home at 1001 Eagle Point Drive DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 5. EDITH & DANIEL MONROE for a Conditional Use Permit re family day-care home at 164 Onondaga Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 6. DONNA C. DENHAM for a Conditional Use Permit re family day-care home at 965 Edwin Drive DISTRICT 2 —KEMPSVILLE RECOMMENDATION: APPROVAL 7. H & S DEVELOPMENT GROUP, LLC/COLUMBIA CLUB OF VIRGINIA BEACH for a Conditional Use Permit re communications tower at 1236 Prosperity Road DISTRICT 6 — BEACH RECOMMENDATION: STAFF—DEFERRAL PLANNING COMMISSION - APPROVAL 8. CHRISTOPHER STANKUS for a Conditional Use Permit re commercial kennel at 3612 West Neck Road DISTRICT 7 —PRINCESS ANNE RECOMMENDATION: APPROVAL 9. Resolution to AUTHORIZE three (3) Roadside Guide Signs along Atlantic and Pacific Avenues re Edgar Cayce's A.R.E. DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL K. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS—ELECTRICAL DIVISION COMMUNITY ORGANIZATION GRANT(COG) AND ALLOCATION REVIEW COMMITTEE COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMISSION PARKS AND RECREATION COMMITTEE PUBLIC LIBRARY BOARD OLD BEACH DESIGN REVIEW COMMITTEE STORMWATER APPEALS BOARD WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers *********************************** if you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 MAYOR LOUIS R.JONES PRESIDING I. CITY COUNCIL'S BRIEFINGS -Conference Room- 2:00 PM A. SHORT TERM RENTAL DISCUSSION City Council B. HUMAN RIGHTS COMMISSION ANNUAL REPORT Rajeeb Islam, Chairman II. CITY MANAGER'S BRIEFINGS A. FOOD TRUCKS UPDATE Beverly K. Wilson, Deputy City Attorney B. CITY HALL 65% DESIGN DEVELOPMENT UPDATE Thomas Nicholas, City Engineer C. HOUSING and PROPERTY CONDITIONS SURVEY Andrew Friedman, Director—Housing and Neighborhood Preservation Wells Freed, Housing Code Administrator III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION -Conference Room- 4:30 PM A. CALL TO ORDER—Mayor Louis R. Jones B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION -City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Louis R. Jones B. INVOCATION: Reverend Garrett Bradley Bugg Pastor, Wycliffe Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS July 3, 2018 July 10, 2018 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. RELOCATION OF EASEMENT Landstown Road Improvement Project 2. SALE OF EXCESS CITY PROPERTY 236 Middle Lane 3. PROPOSED OPEN AIR CAFE FRANCHISE AGREEMENT Fish Bones Café at 1211 Atlantic Avenue 4. ALLOCATION OF EDWARD BYRNE JUSTICE ASSISTANCE GRANT Law Enforcement Purposes pUBLH:HEARING RELOCATION OF EASEMF.II The Virginia Beach City Council will hold a PUBLIC HEARING on the granting Of an easement on Cyaxned propem, Tues0ry Asia 7,2015 at MO p.m.in Me Council Chamber W me City Hall(Building#1)at the Virginia Beach Municipal Center.Virginia Beach.Virginia. The property is located at 2068 Sandstorm Centre Way (GRIN: 1484-86- 9245). 484869245).2020 Landstown Centre Way(GPIN:1484-9)57961,and a vacant parcel on londstwn Road Awn as GPIN:148487. 1971, The plans for the protect are entitled: 'IANDSTOWN ROAD IMPROVEMENT PROJECT. CIP 2-050'and are on file in the Pudic Works Department Engineering Division, Building N2aothe Mhis healing willit. The otpubof lic input regbe regarding obtain guide Inew rasemmint decarealanng the new easement City's of the fa Portio Iof the relocation nio pslpnmme existingop rt o them on Citymet to eccpmmoaem the prgeq. If you are p ye(mly deeded OF v*YIy Impaired and need assistance at this meeting. ukase call Me CUT LYRICS OFFICE at 7678864305: Hearing Impalral Call 711 (Virginia Relay - Telephone Device for the Dean. Any questions concerning this hearing should be directed to the Office Real Estate,Building N2.Room 392.at the Municipal Center.(757)385-4161. Al interested parties are invited to attend. Amanda Barnes.MMC Cny Clerk BEACON:Juy29.2018 S EUBLILHEARBIG SALE of MEatan PROPERli The Virginia Beach Cly Council will hold a PUBLIC HEARING on the disposition and sale d City- owned property. Tuesday, M(W 7.2019 at o p.m.,in the Council Chamber of the City Hall Building(Building#1)at the Vrgnb Beach Municipal Center. Virginia Beach, Virginia. The propePY d located at 236 Middle Lane (GPM: 2417-05- 14087 411U514091. The purpose of this hearing will be to obtain public input to determine eAiether this ProVerty should be declared of the Cdys needs'. If you are pry disabled or vieufdly impaired and need assistance at this meeting please call the q01 CLERICS OFFICE , lamR Naar{ Impaired, call I -Telephone hone Device S ee Relay Tekdorre Caitt for the Deaf). NR questions concerning this matter should be drected to the Office of Real Estate. Building 112,Room 392, et the Virginia Beach Municipal Center. The Real Estate Office telephone number is(757)3959161. WI interested parties are invited to attend. Amanda Barnes.MMC City Clerk BEAWN:Jul 2B,2018 4 PUBIiC NOTICE Tee VieWale Beach City Council will Nd0 a PUBLIC HEARING at EAB P.M.on Neat 7,2018 in the City Council Chamber regarding a propose0 café franchise agreement for Ciyi owned properly located at the following Location: 1211 Atlantic Avenue to Fish N Bones,Inc./a Fish Bones Cafe,for a Boardwalk Ceti. the purpose of the rearing will be to obtain public comment on the proposed franchise agreement on City prcpeM- Copies of the franchise agreement are on file In the CTy Clerk's office, The Cdy Council Chamber is located M the second floor of the City Hall building(Building all at 2001 CourthouSe DriveVirginia Beach, Virginia 2305E. My querence concerning the atom referenced franchise should be directed to Mike Eason, OA/Resod 257)38545-48 . by calling(257)385-4800. If you are physically disabled or NMwm hmgMed and need assistance at Ns meeting please call the CITY 0➢1N5 CBFII£ at 3854306; HMMg Im{Ned, Call 14003281120 (vagina Relay -Telephone Leven for the Def. All interested parties are Invnted to attend. Amanda Barnes,MMC City Clerk BEACON:Ap{nn42018 I. ORDINANCES/RESOLUTIONS 1. Resolution CELEBRATING the 75th Anniversary of Naval Air Station Oceana 2. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a First Amendment to the Memorandum of Agreement (MOA) with Hampton Roads Sanitation District (HRSD) and its member localities re funding and implementation of Regional Wet Weather Management Plan (RWWMP) 3. Resolution to SUPPORT Offshore Wind off the Coast of Virginia 4. Resolution to AMEND the Membership of the Transition Area/Interfacility Traffic Area Citizens' Advisory Committee (ITA) 5. Resolution to AMEND the Membership of the Oceana Land Use Conformity Committee (OLUCC) 6. Ordinance to AMEND City Code Sections 2-455 and 2-456 re name and functions of the Department of Aquarium, Historic Houses and Museums 7. Ordinance to GRANT a Franchise Agreement re Open Air Café in the Resort Area to Fish Bones at 1211 Atlantic Avenue 8. Ordinance to AUTHORIZE the relocation of a 25' portion of an existing Dominion Energy Easement along Landstown Road by declaring excess and granting a 25' Dominion Energy Easement on the far Eastern Side of the remaining 120' existing Easement re Landstown Road Improvement Project 9. Ordinance to AUTHORIZE and ACCEPT the dedication of property and easement re Buccaneer Road Bulkhead Replacement Project 10. Ordinance to AUTHORIZE and ACCEPT the dedication of 10 square feet of property located at the intersection of Indian River Road and Lifetime Circle re Right-of-Way purposes 11. Ordinance to DECLARE EXCESS City Property at 236 Middle Lane and AUTHORIZE the City Manager to sell to Chad A. and Jennifer L. Ewell 12. Ordinance to APPROVE the sale of School Board property re Princess Anne Road VII Project and ALLOW the School Board to retain the sale proceeds 13. Ordinances re Lynnhaven River Basin Ecosystem Restoration Project: a. ESTABLISH CIP Project 7-059 and TRANSFER$3-Million from Water Quality and Restoration Participation Projects II and Lynnhaven River Watershed II CIP Projects b. AUTHORIZE the City Manager to EXECUTE a Project Partnership Agreement with the Army Corps of Engineers 13. Ordinance to AUTHORIZE a $25,000 Grant to the Navy League, Hampton Roads Council re Oceana 75th Anniversary Celebration and RETRACT the prior Grant Authorization to We Feed 14. Ordinance to TRANSFER $1-Million from CIP 7-151 Eastern Shore Drive Drainage Phase Ito CIP 7-047 Ashville Park Drainage Improvements Phase I 15. Ordinance to ACCEPT In-Kind Donations to the Department of Public Libraries from the Friends of the Virginia Beach Public Libraries and the Virginia Beach Library Foundation re support Summer Reading Challenge 16. Ordinances to ACCEPT and APPROPRIATE: a. Donations totaling$49,961.22 from the Friends of the Virginia Beach Public Libraries to FY 2017-18 Operating Budget of the Department of Public Libraries b. Grant Funds totaling$88,131 from the Edward Byrne Justice Assistance Grant to FY2018-19 Operating Budgets of the Sheriff's Office,Police Department and the Community Corrections and Pretrial Division 17. Ordinances to APPROPRIATE: a. $80,000 from Fund Balance of the Police Federal and State Seized Assets Special Revenue Fund to FY2018-19 Operating Budget of the Police Department re purchase of vehicles for Investigations Division b. $125,000 from the Virginia Tourism Authority to the FY2018-19 Operating Budget of Economic Development and AUTHORIZE Grant to the Virginia Sports Hall of Fame c. $16,500 from the Eleventh Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception and AUTHORIZE three(3) equal donations to The Global Studies Academy at Tallwood High School, The Achievable Dream Academy at Seatack Elementary and Goodgirls Write Code,Inc. ..r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Celebrating the 75th Anniversary of Naval Air Station Oceana MEETING DATE: August 7, 2018 ■ Background: Naval Air Station Oceana began through acquisition by the United States Navy in 1940. At the time, the area was open farmland set in an isolated part of what was then Princess Anne County and is now the City of Virginia Beach. In 1943, it was commissioned as a Naval Auxiliary Air Station. It now serves as Naval Air Station Oceana, the Navy's East Coast Master Jet Base comprising 11,000 acres of property and easements. It has three 8,000-foot runways and one 12,000-foot runway that will support all the aircraft in the Department of Defense inventory; it has more than 17,000 Navy personnel and civilian employees, making it the second-largest employer in Virginia Beach; and it is now home to 17 F/A-18 Hornet and Super Hornet squadrons and the Navy's East Coast Boeing C-40A passenger/freight aircraft. An average of 84,000 flight operations are flown each year at Naval Air Station Oceana. Naval Air Station Oceana is also home to numerous other activities such as Commander Strike Fighter Wing Atlantic, Landing Signal Officer School, Carrier Air Wing Commanders, Fleet Area Control and Surveillance Facility, Virginia Capes, training schools for naval technicians, Marine Air Training Support Group, and Fleet Readiness Center Mid-Atlantic, providing support for naval aviation maintenance, and Strike Fighter Weapons School Atlantic, which provides graduate-level training in air-to- ground and air-to-air tactics. The personnel at Naval Air Station Oceana provide innumerable benefits to the City of Virginia Beach and Hampton Roads generally through volunteering with Boy Scouts, parent-teacher organizations, and other charity groups, and as citizens of our Commonwealth. • Considerations: The City and Naval Air Station Oceana have developed model counter-encroachment programs ensuring both the continuing viability of the naval aviation mission and the City's ability to grow other key industries, as has been attested to by the Secretary of the Navy. Naval Air Station Oceana will be celebrating 75 years of operation as a Naval Air Station in August of this year. This resolution congratulates Naval Air Station Oceana on its anniversary. • Public Information: This item will be advertised in the same manner as other agenda items. • Attachments: Resolution. Requested by Mayor Jones and Councilmember Uhrin Requested by Mayor Jones and Councilmember Uhrin 1 A RESOLUTION CELEBRATING THE 75th ANNIVERSARY 2 OF NAVAL AIR STATION OCEANA 3 4 WHEREAS, Naval Air Station Oceana began through acquisition by the United 5 States Navy in 1940; 6 7 WHEREAS, at the time the area was open farmland set in an isolated part of 8 what was then Princess Anne County and is now the City of Virginia Beach; 9 10 WHEREAS, in 1943 it was commissioned as a Naval Auxiliary Air Station; 11 12 WHEREAS, it now serves as Naval Air Station Oceana, the Navy's East Coast 13 Master Jet Base comprising 11,000 acres of property and easements; 14 15 WHEREAS, there are three 8,000-foot runways and one 12,000-foot runway that 16 will support all the aircraft in the Department of Defense inventory; 17 18 WHEREAS, it has more than 17,000 Navy personnel and civilian employees, 19 making it the second-largest employer in Virginia Beach; 20 21 WHEREAS, Naval Air Station Oceana is now home to 17 F/A-18 Hornet and 22 Super Hornet squadrons; 23 24 WHEREAS, it is also home to the Navy's East Coast Boeing C-40A 25 passenger/freight aircraft; 26 27 WHEREAS, an average of 84,000 flight operations are flown each year at Naval 28 Air Station Oceana; 29 30 WHEREAS, Naval Air Station Oceana is also home to numerous other activities 31 such as Commander Strike Fighter Wing Atlantic, Landing Signal Officer School, Carrier 32 Air Wing Commanders, Fleet Area Control and Surveillance Facility, Virginia Capes, 33 training schools for naval technicians, Marine Air Training Support Group, and Fleet 34 Readiness Center Mid-Atlantic, providing support for naval aviation maintenance, and 35 Strike Fighter Weapons School Atlantic, which provides graduate-level training in air-to- 36 ground and air-to-air tactics; 37 38 WHEREAS, the personnel at Naval Air Station Oceana provide innumerable 39 benefits to the City of Virginia Beach and Hampton Roads generally through 40 volunteering with Boy Scouts, parent-teacher organizations, and other charity groups, 41 and as citizens of our Commonwealth; 42 43 WHEREAS, the City and Naval Air Station Oceana have developed model 44 counter-encroachment programs ensuring both the continuing viability of the naval 45 aviation mission and the City's ability to grow other key industries, as has been attested 46 to by the Secretary of the Navy; and 47 48 WHEREAS, Naval Air Station Oceana will be celebrating 75 years of operation 49 as a Naval Air Station in August of this year. 50 51 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 52 VIRGINIA BEACH, VIRGINIA: 53 54 That the City Council congratulates Naval Air Station Oceana on its anniversary 55 and celebrates the long relationship that we have had with this institution. 56 57 AND BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 58 VIRGINIA BEACH, VIRGINIA: 59 60 That we love the Sound of Freedom. Adopted by the City Council of the City of Virginia Beach, Virginia on the day , 2018. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA14503 R-1 August 2, 2018 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing and Directing the City Manager to Execute on behalf of the City of Virginia Beach a First Amendment to the Memorandum of Agreement with the Hampton Roads Sanitation District Pertaining to the Hampton Roads Regional Wet Weather Management Plan MEETING DATE: August 7, 2018 • Background: The City of Virginia Beach has worked cooperatively with the Hampton Roads Sanitation District ("HRSD") to address regionally the requirements of the Federal Consent Decree pertaining to wet weather overflows in the sanitary sewer system. In 2014, an MOA was adopted with the regional localities, including Virginia Beach and HRSD to effectuate the cost savings that would be realized by having HRSD be solely responsible for the Regional Wet Weather Management Plan ("RWWMP"). HRSD submitted its RWWMP in October 2017. The plan prioritizes initiatives based upon relative environmental benefit, thus extending the schedule for related work to the regional sanitary sewer system. Consequently, proposed amendment to the MOA obligates HRSD to assume the responsibility for liability for wet weather overflows from the localities, upon the acceptance of the RWWMP (2019) as opposed to the completion of the RWWMP (2053+). • Considerations: This will obligate HRSD to assume liability for wet weather overflows in 2019 as opposed to when the Wet Weather Management Plan has been implemented (2053+). • Public Information: Public information will be provided through the normal City Council agenda process. • Alternatives: Opt out of this proposed amendment and forego the benefit of having HRSD assume liability for wet weather overflows. • Recommendations: Adopt the resolution authorizing the City Manager to sign the First Amendment to the Memorandum of Agreement. • Attachments: Resolution Summary of Material Terms First Amendment to the Memorandum of Agreement. Memorandum of Agreement Recommende• ti• •proval of Resolution �Sl� Submitting D •ency: Public Utilities City Manager. 1 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY 2 MANAGER TO EXECUTE, ON BEHALF OF THE CITY OF 3 VIRGINIA BEACH, A FIRST AMENDMENT TO THE 4 MEMORANDUM OF AGREEMENT WITH THE HAMPTON ROADS 5 SANITATION DISTRICT AND ITS MEMBER LOCALITIES 6 PERTAINING TO THE FUNDING AND IMPLEMENTATION OF 7 THE REGIONAL WET WEATHER MANAGEMENT PLAN 8 9 WHEREAS, in March 2014, the cities of Chesapeake, Hampton, Newport News, 10 Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg; the Town of 11 Smithfield; and the counties of Gloucester, Isle of Wight, and York; and the James City Service 12 Authority (each a "Locality" and collectively, the "Localities") entered into a Memorandum of 13 Agreement with the Hampton Roads Sanitation District ("HRSD") concerning the financing and 14 implementation of the Regional Wet Weather Management Plan ("RWWMP"); and 15 16 WHEREAS, since 2014 Memorandum of Agreement, HRSD has refined its plan to 17 address wet weather management. HRSD between 2018 and 2030 will address five priority 18 areas to reduce regional wet weather overflow by almost fifty (50) percent. HRSD will also 19 implement the Sustainable Water Initiative for Tomorrow ("SWIFT") project, thus enabling 20 HRSD to delay the submission of a final remedial measures plan to the Environmental 21 Protection Agency ("EPA") until 2030. Wet weather work will potentially continue past 2053; 22 and 23 24 WHEREAS, the 2014 Memorandum of Agreement provided that HRSD would accept 25 responsibility and liability for all regional wet weather overflows upon the completion of the 26 RWWMP what at that time was estimated to be in 2043; and 27 28 WHEREAS, HRSD's updated RWWMP extends that estimated date for completion to 29 2053; and 30 31 WHEREAS, HRSD is willing to accept liability for all regional wet weather overflows 32 upon RWWMP approval (estimated in 2019); and 33 34 WHEREAS, it is in the best interests of the City and its residents and businesses to 35 amend the 2014 Memorandum of Agreement. 36 37 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 38 VIRGINIA BEACH: 39 40 That the City Manager is hereby authorized and directed to execute on behalf of the 41 City of Virginia Beach the aforesaid Memorandum of Agreement, pertaining to the Regional 42 Wet Weather Management Plan, a summary of the amended material terms of which has been 43 exhibited to the City Council, are attached hereto and a true copy of which is on file in the City 44 Clerk's Office. Adopted by the City Council of the City of Virginia Beach on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: - ACT"--) Department of 'ublic Uti City Attorney' ice CA14484 July 24, 2018 R-2 2 HAMPTON ROADS REGIONAL WET WEATHER MANAGEMENT PLAN MEMORANDUM OF AGREEMENT FIRST AMENDMENT SUMMARY OF MATERIAL TERMS PURPOSE: To realize the benefit of the Hampton Roads Sanitation District ("HRSD") assuming liability for capacity-related overflows in the regional sanitary sewer system upon the acceptance of the Regional Wet Weather Management Plan ("RWWMP") (estimated in 2019) as opposed to the completion of the RWWMP (estimated in 2053+). PARTIES: HRSD, the cities of Chesapeake, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach and Williamsburg;the Town of Smithfield; and the counties of Gloucester, Isle of Wight, and York and the James City Service Authority. TERM: Expires upon the written agreement of all parties. DUTIES: HRSD: • Provide full wet weather capacity for all Regional Sanitary Sewer Systems when the Court accepts the RWWMP (estimated in 2019). • Assume liability for Wet Weather Overflows when the Court accepts the RWWMP (estimated in 2019). • Reimburse, when legally possible, third-party claims paid by the City for Wet Weather Overflows after the Court accepts the RWWMP (estimated in 2019). LOCALITIES: • Refrain from requesting a modification or termination of the Special Order by Consent that would modify the obligations of the locality for the management, operations and maintenance (MOM) program without the consent of HRSD. Final, April 12,2018 FIRST AMENDMENT TO MEMORANDUM OF AGREEMENT This First Amendment modifies the Memorandum of Agreement ("Agreement") entered into on the 10th day of March, 2014, by and among the Hampton Roads Sanitation District ("HRSD"); and the cities of Chesapeake, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg; the Town of Smithfield; and the counties of Gloucester, Isle of Wight, and York; and the James City Service Authority (each a "Locality"and collectively, the"Localities"). WHEREAS, the HRSD and the Localities entered into the Agreement for the purpose of realizing the substantial savings for all parties, collectively, that would be obtained by HRSD assuming sole responsibility for financing and implementing an approved Regional Wet Weather Management Plan("RWWMP")across the entire region; WHEREAS, the Agree nent sets forth the respective responsibilities of HRSD and the Localities regarding the construction, expansion, operation, and maintenance of the Regional Sanitary Sewer Systems, including that the Localities would remain responsible for conducting the operation and maintenance of their respective systems in accordance with an approved Management, Operations, and Maintenance program and HRSD would assume responsibility for developing, financing, and implementing the RWWMP in the Regional Sanitary Sewer System; WHEREAS, upon the completion of the RWWMP implementation, HRSD agreed to assume the Localities' regulatory liability for any wet weather overflows that are determined to result from lack of adequate capacity as defined in the approved RWWMP; WHEREAS, HRSD is presently undertaking the Sustainable Water Initiative for Tomorrow ("SWIFT") project, which entails treating water that would otherwise be discharged to the Chesapeake Bay watershed to drinking water standards and adding it to the Potomac aquifer, thereby providing important human health and environment benefits to the region, including reducing the amounts of nutrients and sediment discharged to the Chesapeake Bay, replenishing the region's stressed groundwater supplies, and slowing or reversing land subsidence related to aquifer compaction; WHEREAS, on February 21, 2017, the Federal Consent Decree was amended to authorize HRSD to incorporate integrated planning elements in the RWWMP that allow for the prioritization of the SWIFT project over wet weather capacity projects provided that doing so will provide greater human health or environmental benefits to the region; WHEREAS, on September 29, 2017, HRSD submitted an RWWMP to the U.S. Environmental Protection Agency ("EPA") and Virginia Department of Environmental Protection ("DEQ"), which prioritizes the implementation of the SWIFT project, in concert with certain high priority wet weather capacity projects, and, consistent with prudent adaptive management principles, reserves the development of a plan for any additional wet weather capacity actions that may be necessary for a Final Measures Plan to be submitted to EPA and DEQ in 2030; WHEREAS, HRSD and the Localities desire to amend the Agreement to better conform to the RWWMP dated September 29, 2017 by accelerating the date HRSD will assume regulatory liability for wet weather overflows from the Regional Sanitary Sewer System and reaffirming the Localities' continuing obligation to properly maintain their respective systems. NOW, THEREFORE, pursuant to Section D.1 of the Agreement, HRSD and the Localities do hereby agree to amend the Agreement as follows. A. REVISIONS TO THE AGREEMENT 1. The following definition is inserted in Section A: "Wet Weather Overflows" means capacity-related overflows from the Regional Sanitary Sewer System that result from unusually high flows caused by infiltration and/or inflow and not attributed to mechanical or electrical failure, third-party damage, extreme weather events, or similar conditions beyond the hydraulic capacity of the Regional Sanitary Sewer System. Capacity-related overflows specifically exclude those caused in whole or in part by build-ups of debris, sediment, and/or grease that reduce the hydraulic capacity of the system and that can be mitigated through proper operations and maintenance of the system. 2. Subsections e.,m., and n. of Section B.1 are amended as follows: e. Upon approval by the United States District Court for the Eastern District of Virginia (the "Court") of an amendment to the Federal Consent Decree^ to adopt the RWWMP approved by EPA and DEO sanies-area, HRSD shall be 'responsible for wet weather capacity for these pestions--of the Regional Sanitary Sewer System in-thater'iiee-area, whether owned or operated by HRSD or a Locality, as further specified•in this Section 13 1 . : . . .: .. . . .. .. . . . .. •• -. m. Assume regulatory liability for Wet Weather Overflows occurring within the Regional Sewer System following approval by the Court eempletien of the n. Reimburse, to the extent permitted by law, any Locality for reasonable claims paid to any third party resulting from Wet Weather Overflows occurring 2 on or after the date of the approval of the RWWMP by the Court upon-sempletion provided that HRSD retains the right to assert governmental immunity and/or other applicable defenses as allowed by law if HRSD determines a claim is unreasonable or due to causes beyond HRSD's control; 3. The following subsection k. is added to the end of Section B.2: k. Refrain from requesting or petitioning the Board or DEQ to terminate the Special Order By Consent (December 19, 2014) in accordance with Section E.12 of the same, or consenting to a modification of the Special Order By Consent that eliminates or materially alters the Locality's obligation to implement a Management, Operations, and Maintenance program in accordance with Section D of the same, unless prior written consent to such termination or modification is provided by HRSD. B. MISCELLANEOUS PROVISIONS 1. Effective Date for this First Amendment. This amendment shall become effective as of the date(I)all Parties provide written assent to this First Amendment and (2) the Court approves an amendment to the Federal Consent Decree that adopts the RWWMP approved by EPA and DEQ,whichever occurs later. 2. Recission of this First Amendment. It is an express assumption and condition of this First Amendment that the RWWMP submitted by HRSD on September 29, 2017 will be approved by EPA and DEQ and will be incorporated into the Federal Consent Decree through an amendment approved by the Court. If(1) HRSD is compelled by action of EPA, DEQ, and/or the Court to submit a revised RWWMP that is materially different from the RWWMP dated September 29, 2017, and such revised RWWMP is thereafter approved by the Court or(2) the Court imposes an alternate RWWMP on HRSD, HRSD may, at its discretion, notify all Localities in writing within thirty (30) days of such approval/imposition of a materially different RWWMP. Provided such notification states HRSD's intent to rescind the First Amendment in accordance with this section, it will have the effect of rescinding this First Amendment in its entirety. In that case, the Agreement will continue in effect as if this First Amendment were never executed. 3. Remainder of Agreement Unaffected. Except as stated in Section A of this First Amendment,the Agreement remains in full force and effect. IN WITNESS WHEREOF, the Parties express their assent to this First Amendment by the signatures of their duly authorized officials as of the dates next to their respective signatures as shown below. [REST OF PAGE INTENTIONALLY LEFT BLANK] 3 IN WITNESS WHEREOF, the Party has caused this Agreement to be executed by their duly authorized officials as shown below. HRSD By: Edward G. Henifin, P.E. Date: Attest: (ELECTRONIC SIGNATURES OF ALL PARTIES TO THE AGREEMENT WILL BE CONSOLIDATED ON THIS PAGE IN THE FINAL DOCUMENT) 4 LIST OF SIGNATORIES CITY OF CHESAPEAKE GLOUCESTER COUNTY CITY OF HAMPTON ISLE OF WIGHT COUNTY JAMES CITY COUNTY CITY OF NEWPORT NEWS CITY OF NORFOLK CITY OF POQUOSON CITY OF PORTSMOUTH CITY OF SUFFOLK CITY OF VIRGINIA BEACH CITY OF WILLIAMSBURG YORK COUNTY TOWN OF SMITHFIELD HAMPTON ROADS SANITATION DISTRICT This listing of participants is followed by the signature page to be completed by each party. 5 IN WITNESS WHEREOF, the Party has caused this Agreement to be executed by their duly authorized officials as shown below. By: Date: Locality: Date: Attest: 6 IN WITNESS WHEREOF, the Party has caused this Agreement to be executed by their duly authorized officials as shown below. HRSD By: Edward G. Henifin, P.E. Date: Wia-l;die Attest: N'Ou"'L )(4/1411-- BON SOME HMOS ,I ,•. NOTMYPOBuC.Nq.1*04W couuarrxru�xorhnaw� :q ION EX PIRES NOVEMBER%.202B (ELECTRONIC SIGNATURES OF ALL PARTIES TO THE AGREEMENT WILL BE CONSOLIDATED ON THIS PAGE IN THE FINAL DOCUMENT) 4 MEMORANDUM OF AGREEMENT M61ICNJ This Memorandum of Agreement("Agreement") is entered into on this 1 0 day of FebraSy, 2014, by and among the Hampton Roads Sanitation District ("HRSD"); and the cities of Chesapeake, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg;the Town of Smithfield; and the counties of Gloucester, Isle of Wight, and York; and the James City Service Authority(each a"Locality"and collectively, the"Localities"). WHEREAS, HRSD provides wastewater transmission and treatment services for the Localities; WHEREAS, the Localities individually own and operate sanitary sewer collection systems, which collect sewage within their individual jurisdictional boundaries and deliver it to the HRSD sewer system for conveyance and treatment; WHEREAS, to address regional wet weather sewer capacity requirements, on February 23, 2010, HRSD, the Virginia Department of Environmental Quality and the United States Environmental Protection Agency entered into a Federal Consent Decree; WHEREAS, the Federal Consent Decree requires, among other things, that HRSD work in consultation with the Localities to develop a Regional Wet Weather Management Plan ("RWWMP") that will ensure adequate wet weather sewer capacity in HRSD's portion of the regional sewer system; WHEREAS, on June 25, 2012, HRSD, the Localities (excluding Norfolk), and the Commonwealth of Virginia executed an Amendment to the September 26, 2007 Special Order By Consent that requires the Localities (excluding Norfolk) and HRSD to, among other things, develop a RWWMP identical to the plan called for in the Federal Consent Decree; WHEREAS, on March 17, 2005, HRSD, Norfolk and the Commonwealth of Virginia executed a second phase to the December 17, 2001 Special Order by Consent (collectively, the "Norfolk/HRSD Consent Orders") that required HRSD and Norfolk, to among other things, address wet weather issues in the City of Norfolk with a Long Term Control Plan requiring a minimum annual investment in sewer infrastructure; WHEREAS, pursuant to the Norfolk/HRSD Consent Orders, the City of Norfolk has made significant financial investments of over $100 million, though additional capacity-related investments in the Norfolk sewer system are expected as part of further implementation of the Norfolk/HRSD Consent Order(the"Norfolk/HRSD Consent Order Capacity Projects"); WHEREAS, substantial additional wet weather capacity-related investments in the Norfolk sewer system will still be required to achieve the regional wet weather management capacity requirements in the approved RWWMP(the"Norfolk System RWWMP Projects"); WHEREAS, during the ongoing planning for the RWWMP, HRSD and the Localities conducted a study to determine if HRSD ownership of the Localities' sewer systems would provide significant capital and operational cost savings to the region's ratepayers under the RWWMP; WHEREAS, the regional study was completed in the summer of 2013 and estimated that HRSD ownership of the regional sewers could potentially save the overall region's ratepayers more than one billion dollars over a 30-year period in capital and operation/maintenance costs as compared to a scenario where HRSD and the Localities independently seek to address wet weather capacity needs, although the amount of savings varied significantly among the Localities; WHEREAS, full regionalization of the Localities' sewer systems is unlikely at this time for a variety of reasons; WHEREAS, a significant portion of the estimated savings from full regionalization can still be obtained for the benefit of the region's ratepayers if HRSD agrees to take sole responsibility for financing and implementing the approved RWWMP across the entire regional sewer system; and WHEREAS, if HRSD assumes sole (responsibility for finding and implementing the approved RWWMP, HRSD will have to raise its regional rates in order to fund the cost of the approved RWWMP, and each Locality which is a party hereto acknowledges that such rate increases will be necessary in order to achieve the more affordable and cost-effective RWWMP (which each Locality will have the opportunity to provide input into and to challenge if it believes the RWWMP is not an affordable and cost-effective approach); NOW, THEREFORE, in consideration of the premises, mutual covenants and obligations contained herein, HRSD and the Localities do hereby enter into this Agreement for the purpose of defining the roles, responsibilities, and obligations of HRSD and the Localities for the development, financing, and implementation of the RWWMP and the assurance of adequate wet weather sewer capacity in the Regional Sanitary Sewer System in the future. A. DEFINITIONS "2007 MOA" means the Memorandum of Agreement dated June 28, 2007, by and among HRSD; the cities of Chesapeake, Hampton, Newport News, Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg; the Town of Smithfield; the counties of Gloucester, Isle of Wight, and York; and the James City Service Authority. "Board" means the State Water Control Board, a permanent citizens body of the Commonwealth of Virginia as described in Virginia Code §§ 62.1-44.7 and 10.1-1184. "DEQ" means the Department of Environmental Quality, an agency of the Commonwealth of Virginia as described in Virginia Code §10.1-1183. "EPA" means the United States Environmental Protection Agency. "Federal Consent Decree" means the Amended Consent Decree filed in the United States District Court for the Eastern District of Virginia on February 23, 2010 (Civil Action No. 2:09cv- 481),and any subsequent amendments thereto. "Party"or"Parties" means one or more signatories to this Agreement. "Regional Sanitary Sewer System" means the collective sanitary sewer systems owned and operated by HRSD and the Localities, including gravity sewer lines, manholes, pump stations, lift stations, pressure reducing stations, force mains, wastewater treatment plants, and all associated appurtenances. "Special Order By Consent" means the special order by consent dated September 26, 2007, and any subsequent amendments thereto, by and among the Board and HRSD; the cities of Chesapeake, Hampton, Newport News, Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg; the Town of Smithfield; the counties of Gloucester, Isle of Wight, and York; and the James City Service Authority. "Significant Defect" means a physical condition in the sanitary sewer system owned or j. Negotiate and obtain customary commercial Warranties for pavement and other project improvements in Locality systems and enforce such Warranties during warranty periods as necessary, provided that following such warranty period, any assets conveyed to a Locality are the sole responsibility of such Locality; k. Make available to the Localities information HRSD uses in the development and implementation of the RWWMP and any other relevant information HRSD may have; I. Comply with applicable Locality ordinances and other laws and regulations in the planning, design, and implementation of the RWWMP; m. Assume regulatory liability for wet weather overflows occurring upon completion of the RWWMP implementation(including the Post RWWMP Implementation Performance Assessment) and which are determined to result from lack of adequate capacity as defined in the RWWMP for such sanitary sewer overflows; n. Reimburse, to the extent permitted by law, any Locality for reasonable claims paid to any third-party resulting from wet weather overflows occurring upon completion of the RWWMP implementation (including the Post RWWMP Implementation Performance Assessment) and which are determined to result from lack of adequate capacity as defined in the RWWMP for such sanitary sewer overflows, provided that HRSD retains the right to assert governmental immunity as allowed by law if HRSD determines a claim is unreasonable or due to causes beyond HRSD's control; o. Provide staff and/or consultant resources to coordinate development and implementation of the approved RWWMP as it applies to each Locality in accordance with the approved RWWMP schedule; p. Issue in a timely manner and in accordance with established processes any approvals, and timely execute any documents, necessary for implementation by a Locality of improvements or management, operations or maintenance measures as required by the RWWMP WMP or contemplated by the Special Order by Consent, and not unreasonably withhold, condition or delay such approvals or execution of documents; q. Support the modification of the Special Order by Consent between DEQ, HRSD and the Localities consistent with the changes to the Federal Consent Decree; r. Consult with the Localities as necessary to facilitate the timely implementation of the approved RW WMP; and s. Cooperate with Localities when requested to incorporate other locally funded infrastructure improvements as part of any RWWMP project, provided that HRSD can do so consistent with the approved RWWMP schedule and HRSD's project-related costs do not increase by more than ten percent(10%)(a Locality may pay any amount of additional HRSD cost above the 10%threshold in order to satisfy this condition). 2. Each Locality agrees to: a. Maintain and operate Locality-owned collection system assets and any improvements constructed by HRSD in Locality-owned assets as part of the RWWMP. This obligation shall be performed in accordance with any approved Management, Operations, and Maintenance program and industry accepted practices relating to sewer inspection, Sewer System Evaluation Survey work and repair of Significant Defects (not scheduled to be addressed by the operated by a Locality, including: (i) existing or imminent structural failures, cave-ins, and similar defects and (ii) significant sources of inflow and infiltration (including but not limited to missing and/or damaged public clean-outs, missing manhole inserts, direct storm water connections, and unsealed manhole pipe penetrations). "Warranties"means any warranties and/or rights under bonds or similar instruments securing or assuring the quality, adequacy or timeliness of the design, materials, installation or construction of any improvements conveyed by HRSD to a Locality as contemplated in this Agreement. B. ROLES AND RESPONSIBILITIES 1. HRSD agrees to: a. In consultation with the Localities: Develop a reasonably affordable and cost- effective RWWMP, including the Norfolk System RWWMP Projects, in accordance with this Agreement and Paragraph 10 of the Federal Consent Decree, to achieve the wet weather capacity requirements of the Federal Consent Decree for the affected portions of the Regional Sanitary Sewer System including the Norfolk sewer system. b. Implement the approved RWWMP in accordance with the approved RWWMP long-term schedule; c. Design and construct all RWWMP projects in accordance with HRSD Standards and Preferences, the applicable portions of the Hampton Roads Planning District Commission Regional Construction Standards, and Locality preferences, policies, or guidelines with respect to operation and maintenance issues where such preferences, policies, or guidelines have been established and are broadly applied by the Locality; d. Fully fund implementation of the RWWMP regardless of asset ownership through a regional HRSD rate applied equally across all HRSD accounts in the Localities; e. Upon full implementation of the applicable RWWMP facilities for each HRSD treatment plant service area and the successful completion of the Post-RWWMP Performance Assessment for that service area, HRSD shall be responsible for ensuring and maintaining adequate wet weather capacity for those portions of the Regional Sanitary Sewer System in that service area, whether owned or operated by HRSD or a Locality, up to the applicable capacity level defined in the approved RWWMP; f. Maintain a flow monitoring program in accordance with the Federal Consent Decree; g. Investigate, in cooperation with affected Localities, any sanitary sewer overflow where system capacity is reasonably suspected of being a contributing cause or the sole cause of such overflow to determine the actual cause or causes (in support of such inquiry, HRSD shall make available to Localities in a timely manner, upon request, any potentially relevant information it may have)and the appropriate response; h. Provide to the applicable Locality complete copies of record drawings of improvements constructed by HRSD within that Locality pursuant to the RWWMP within thirty (30)days of completion or amendment of such drawings; i. Convey to each Locality improvements which HRSD may install or construct pursuant to the approved RWWMP, for addition or modification to the Locality's sewer system; RWWMP within a reasonable period of time but excluding those for which HRSD is responsible under Section B.l.j above); b. Provide full access to data, information and Locality-owned assets necessary for timely and cost-effective development of the RWWMP. This includes, but is not limited to, flow monitoring data, calibrated hydrologic models, long-term simulations, SSES data and results, Rehabilitation Plans and Preliminary Capacity Assessments including hydraulic models and related calculations; c. Maintain and calibrate the existing locality-owned flow monitoring equipment (previously required by the Regional Technical Standards) and provide data at regular intervals in a mutually acceptable form,throughout the development of the RWWMP; d. Provide staff and/or consultant resources to coordinate development and implementation of the approved RWWMP as it applies to each Locality in accordance with the approved RWWMP schedule, subject to appropriation,provided that in the event adequate resources are not appropriated, HRSD shall be relieved of its obligations under Section B.l.a with respect to consultation with the Localities and Section B.I.q of this Agreement; e. Timely issue any Locality administrative permits in accordance with established processes and, subject to applicable law,timely execute any documents, as necessary for implementation of RWWMP-related improvements in that Locality, and not unreasonably withhold, condition or delay such permits or execution of documents; f. Accommodate reasonable contractor requests for standard work hours and maintenance of traffic in accordance with existing Locality policies during implementation of RWWMP improvements within the Locality; B. Support the modification of the September 26, 2007 Special Order by Consent, as amended, between DEQ, HRSD and the Localities consistent with the changes to the Federal Consent Decree; h. Upon HRSD's request, provide a written letter of support for a modification of HRSD's Federal Consent Decree to establish HRSD's responsibilities consistent with this Agreement; Cooperate with HRSD and the other Localities as necessary to facilitate the timely implementation of the approved RWWMP; and j. Provide timely notice of and investigate, in cooperation with HRSD, all capacity-related sanitary sewer overflows. C. REMEDIES AND RESERVATIONS OF RIGHTS 1. If any Party shall fail to perform or observe any of the material terms, conditions, or provisions of this Agreement applicable to it, and said failure is not rectified or cured within thirty (30)days after receipt of written notice thereof from another Party,then the defaulting Party shall be deemed in breach of this Agreement; provided, however, that no Party shall have a right to issue a notice of default pursuant to this Section C.I until the dispute resolution procedures set forth in Section C.2 below have been exhausted. The Parties agree that, in the event of a material breach of this Agreement, a non-defaulting Party, which is or would be harmed by the breach, may seek injunctive relief or specific performance of the defaulting Party's obligations without the requirement to post a bond. The Parties acknowledge that each Party's performance of its material obligations is valuable and unique and that, for purposes of allowing the non-defaulting Party to seek injunctive relief, the failure of a Party to perform its material obligations hereunder may result in irreparable injury to the other Parties. Nothing in this Agreement shall be deemed to modify, alter, or otherwise affect such other rights and remedies as may be available to the Parties under applicable law or equity. 2. If any dispute arises with respect to the alleged failure of any Party to perform or observe any of the material terms, conditions, or provisions of this Agreement applicable to it, as a condition precedent to instituting a formal action in a court with competent jurisdiction, the parties shall first attempt to resolve the dispute through the dispute resolution procedures contained in this Section C.2. A Party may initiate the dispute resolution procedures of this Section C.2 by providing to the other Parties to the dispute written notice of the existence and nature of the dispute. Within thirty (30) days of such notice, the Parties to the dispute shall meet and attempt in good faith to resolve the dispute. Upon the request of any Party to the dispute, the Parties to the dispute shall participate in non-binding mediation. The mediator shall be selected by mutual agreement of the Parties to the dispute, and the cost of the mediator shall be shared equally by those Parties engaged in the mediation. If the dispute cannot be resolved within sixty (60) days after receipt of written notice of the dispute or any reasonable extension as may be mutually agreed upon by the Parties, then any Party to the dispute may elect to end dispute resolution by providing written notice of such election to the other Parties to the dispute, in which case the dispute resolution procedures shall be deemed to have been exhausted. The dispute resolution procedures may also be deemed exhausted by written agreement of all the Parties to the dispute. 3. Nothing herein shall be construed as or otherwise constitute a waiver or release by any Party of any right, power, immunity, or standing of that Party that may exist pursuant to applicable law or regulation, including, without limitation, such right or standing to appeal or seek review of any case decision or other reviewable determination of the Board, DEQ, EPA, a Court having jurisdiction over the dispute,or any other agency or governmental body related to the matters addressed in this Agreement, the Federal Consent Decree,or the Special Order By Consent. D. MISCELLANEOUS 1. Amendments to Agreement. Amendments to this Agreement must be in writing and signed by all the Parties. 2. Entire Agreement. This Agreement contains the entire agreement among the Parties with respect to the subject matter hereof and supersedes all prior agreements, written or oral, with respect thereto, including the 2007 MOA. 3. Severability. If any provision of this Agreement is found to be unenforceable, the remainder of this Agreement shall remain in full force and effect. 4. Authority. The Parties represent that they have the authority to enter into this Agreement and that the individuals signing this Agreement on their behalf have the requisite power and authority to bind the Parties to its terms and conditions. This Agreement shall apply to, and be binding upon the Parties, their elected officials,officers,agents, employees,successors, and assigns. 5. Reservation. Except as expressly provided herein, nothing in this Agreement shall be construed to limit or otherwise affect the authority,rights, or responsibilities of the Parties. 6. Notices and Written Communications. All notices and written communication pursuant to this Agreement shall be submitted to the recipients listed in Attachment A. A Party may change its designated notice recipient by so informing all other Parties in writing. 7. Effective Date. This Agreement shall be effective and binding upon its execution by all Parties and shall continue in effect until terminated in accordance with Section D.11. 8. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Virginia, without regard to the conflict of laws and rules thereof. 9. Force Majeure. No Party shall be responsible for its failure to fulfill an obligation pursuant to this Agreement to the extent that such failure is due to acts of God; strikes; war or terrorism; the actions of a third party, the actions of another Party; lockouts; or other events not reasonably within the control of the Party claiming force majeure. A Party experiencing a force majeure event that prevents fulfillment of a material obligation hereunder shall (a) give the other Parties prompt written notice describing the particulars of the event; (b) suspend performance only to the extent and for the duration that is reasonably required by the force majeure event; (c) use reasonable efforts to overcome or mitigate the effects of such occurrence; and (d)promptly resume performance of the affected obligation if and when such Party is able to do so. 10. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original as against any Party whose signature appears thereon, and all of which shall together constitute one and the same instrument. 11. Termination. This Agreement shall terminate (a) if the Motion to Amend the Federal Consent Decree contemplated herein is either not filed with the Court by May 31, 2014 or is filed but denied by the Court; (b) if the Federal Consent Decree is not amended as contemplated herein by August 31, 2014; (c) if the State Special Order by Consent is not, by December 31, 2014, either (1) rescinded in its entirety or (2) amended to relieve the Localities of any obligation to develop, find, and implement the Regional Wet Weather Management Plan; or (d) upon the written agreement of all Parties. If this Agreement is terminated for any reason, except upon the agreement of HRSD, then HRSD reserves the right to assert a force majeure under the Federal Consent Decree. 12. Not for Benefit of Third Parties. This Agreement and each and every provision hereof is for the exclusive benefit of the Parties and not for the benefit of any third party. 13. Binding Effect. This Agreement shall inure to the benefit of the Parties and shall, to the maximum extent permitted by law,be binding on the Parties and their successors and assigns. [REST OF PAGE INTENTIONALLY LEFT BLANK] IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed by their duly authorized officials as of the dates next to their respective signatures as shown below. (aear: J.. t _"I: JF . Rnon Jeltag Mannr ger Date: ry- / 6/.1 Dalai 2-ate- aaeei 1.maT a3 y/lli f4 as /µ��RlLr Locality: //c t,t r roq Boson By:� igAi.- BY a- L lRwak-- John L. Rowe, Jr.. City Manager Data: aid-070/ma J/ y— Data: Fes 24, 104Locality: lYI /Y. (/drilde / vim/" Locality City Of Portsmouth By: Mary P. Punting. City tlnnoRe, ey_! Nb hi) Fei cr M. Stcplkeen son Date: Town Mana�ar Data: 02/o4/2o 4 Locality: Gni: of Pompton -r- r� Lacablyfl outn ,$ Sheithgald tlnaNme lyol nemuy.2014 Sele a Cuffee-Gle (Cay Manager r' Byron wrmcwk� Date: 2.121 liq Beard 41 aulaaw. �/ Locality:CIN of Suffolk Malicia By ib gagr, Y Le Dare. a•i a•cal By: v„ _ .. Date d 'n '74F1 Locality: Jnmcs COY (ni,rc1Y Locality: City of Williamsburg / y Dale: 2�1yi I By ILA- 1 itie - _ I Ay Manage) ii„ O. McReynolds County Administrator Locality: City of Newport News owe- a - a of-ao/AL Locality: County of York ....��.�"//��� Pate iZY/toll BY e_�/,�gy/ By` tk�venua.Ms a er Crer Locality: HRSD Date:_.S4�.1 01 V`+D__ !+ Locality:_ Cil ay I'dP/ro ti(./ _ LIST OF SIGNATORIES CITY OF CHESAPEAKE GLOUCESTER COUNTY CITY OF HAMPTON ISLE OF WIGHT COUNTY JAMES CITY COUNTY CITY OF NEWPORT NEWS CITY OF NORFOLK CITY OF POQUOSON CITY OF PORTSMOUTH CITY OF SUFFOLK CITY OF VIRGINIA BEACH CITY OF WILLIAMSBURG YORK COUNTY TOWN OF SMITHFIELD HAMPTON ROADS SANITATION DISTRICT This listing of participants is followed by the signature page to be completed by each party. IN WITNESS WHEREOF, the Patty has caused this Agreement to be executed by their duly authorized officials as shown below. Date: S- al- a.,q Locality: G4 az fhesePceK• Date: .2 -27 -.*o l AltesE/� LL�IV orik.usa, . , as ,iiona 12 IN WITNESS WHEREOF, the Party has caused this Agreement to be executed by their duly authorized officials as shown below. By:446 , ' 4-, Date: L, � i A5 I h,, Locality: / ._u.�_ .ii. .�. Date: ,lLtyQQotu�� I. Attest: 13 IN WITNESS WHEREOF, the Party has caused this Agreement to be executed by their duly authorized officials as shown below. By: Mary B. Bunfdng,' City Manager Date: Locality: City of Hampton Date: 2 \kg 11 Attt Rat"erine ass CITY OF HAMPTON Clerk of h uncil OFFICE OF THE CITY ATTORNEY Approved ee to legal form and eurykleaey Date, >z.. g 13 Approved by the Isle of Wight County Board of Supervisors at a regular meeting by motion duly adopted the a0113day of February, 2014. 4 188+Byron B. Bailey, Chairma Isle of Wight County Board of Supervisors Attested: tiqx Carey Mitis Storm, Clerk Approved as to form: // Ate! !Mark C. Po•• ich,County Attorney IN WITNESS WHEREOF, the Party has caused this Agreement to be executed by their duly authorized officials as shown below. By /h 9, "-ate Date: a In law Locality: mr-c cl?Y COUNTY Date: 1Ia6 (D14 �.1 Meat ALU Q cl l/ 13 IN WITNESS WHEREOF, the City of Newport News has caused this Agreement to be executed by their duly authorized official as shown below: .l Date: Z /`� � ` BY: t/.. i, ,. ' I I ity Manager / Commonwealth of Virginia City of Newport News M �r 2o,v The foegoing instrument was acknowledged before me this JO day of February by . M- l vrey , City Manager, on behallff�of the City of Newport News. Ys .••••): FO o .l 1 5:.q:`r.tv. z; Notary Pu lic .; y4 D>z,lot cyl commission expires: &'3/'OW`/ rr,, 9�352e istration No: 9 9 ,�/,� "w APPROVED 'S TO FORM: y City Attorney ATTEST: City 12 IN WITNESS WHEREOF, the Party has caused this Agreement to be executed by their duly authorized officials as shown below. c1/4„,.,,A - By: 'ty Maw er Dale: 311 °114 ,,/ Locality: Ci fJ V 6-ff f'iWto uu Date: 3/"At` Attest: City Clerk Contents Approved: Director of Util, Form &Co - tness • .proved: City Attorney 13 IN WITNESS WHEREOF, the Party has caused this Agreement to be executed by their duly authorized officials as shown below. BY: tI C ..2.. .ar♦ J.4Randall Wheeler P. . oson City Manager Date: 01—../3 ^ , Locality: City of Poquoson Date: 21'/l A"-b �t t'� After 13 1 IN WITNESS WHEREOF, the Party has caused this Agreement to be executed by their duly authorized officials as shown below. By: `C`"` L. !?,A,.�1. John L. Rowe, Jr. , City Manager Data Ve6 24v, 1014 Locality: City Of Portsmouth Date: Feb abs aois Attest 114 i 13 IN WITNESS WHEREOF, the Party has caused this Agreement to be executed by their duly authorized officials as shown below. By: A.4 . t rg/it... ef . Sele a Cuffee-Gle (City Manager Date: 212'1 Jig Locality: City of Suffolk. Vircinia Date: Attest: / : 13 IN WITNESS WHEREOF, the City of Virginia Beach has caused this Agreement to be executed by their duly authorized official as shown below. ,, II eDate: a • I `a • 44 By: W4*. _ ►. nom" City an-rr Commonwealth of Virgin4 ‘74: City of Virginia Beach: 04.- ---C.4-+-41 /j// The foregoing instrument was acknowledged before me this Mday of"-1 &4G 2014 by A,,C L t,t* )#ar% haH ofCityoffVirginia Beach.. U AoC.ldtw.nc� rry`s C l i biLdAho es—.Notary Public My commission expires: lc•3 I -111- 0 Bandy Mane Madison OommNotary lh Or Y118inia i 1 Notary Public IL-� Commission No.]0]3053 ` e Y My Commission Expms 12/31/2014 Approved as to Content: Approved as to Legal Sufficiency: .1 A f pi,,,,A) /2 I%'0.1,7x. aisa eeiN Dept. of Public Utilities C' ld l'I') Attorneys IN WrFNESS WHEREOF, the Party has caused this Agreement to be executed by their duly authorized officials as shown below. B �'��f(/V Date: 2. / 20/ Locality: _. , _ ... - Date: 1100 I I Afteasalt, e by blew 13 IN WITNESS WHEREOF, the Party has caused this Agreement to be executed by their duly authorized officials as shown below. By mes O. McReynolds County Administrator Date: a - 41-01O/4 Locality: County of York Date: a -eq `!- t20/4/ Attest: AgQ/ja6.) 13 IN WITNESS WHEREOF, the Patty has caused this Agreement to be executed by their duly authorized officials as shown below. • Qeker M - Stepke4n son mown M ena.3ear Date: 0 2-7-04-/21,Irk Locality: 1 own SM?tkRe. l� Date: a -41M Attest:en 1 13 IN WITNESS WHEREOF, HRSD has caused this Agreement to be executed by their duly authorized official as shown below. Date: live df By: 0/6 General Manager Commonwealth of Virginia City/County of ( \x• Yt.( _mck-. .h 1.43The foregoing instrument was acknowledged before me this �� day of February, 2014 by Ted Henifin, General Manager of HRSD, on behalf of HRSD. Y '`'-\r, \l` Notary Public My commission expires: (`�, , ,. ,,,�, "Az, a, Jennifer Lynn Hellman Notary Public Camnwnwewm o argInlc U . Beg.e361710 My Cantu.E.i p.os3L2017 ATTACHMENT A List of Individuals to Receive Notices Pursuant to Paragraph 116: Mr.James E. Baker Mr.John L. Rowe Jr. City Manager City Manager City of Chesapeake City of Portsmouth 306 Cedar Road, 6th Floor 801 Crawford Street Chesapeake,VA 23328 Portsmouth,VA 23704 Ms.Brenda G.Garton Ms.Selena Cuffee-Glenn County Administrator City Manager Gloucester County City of Suffolk 6467 Main Street PO Box 1858 Gloucester,VA 23061-0329 Suffolk,VA 23439 Ms.Mary Bunting Mr.James K.Spore City Manager City Manager City of Hampton City of Virginia Beach 22 Lincoln Street 2401 Courthouse Drive,Suite 243 Hampton,VA 23669 Virginia Beach,VA 23456 Ms.Anne Seward Mr.Jackson C.Tuttle II County Administrator City Manager Isle of Wight County City of Williamsburg. 17090 Monument Crescent,Suite 138 401 Lafayette Street,Suite 202 Isle of Wight,VA 23397 Williamsburg,VA 23185 Mr. Douglas Powell Mr.James 0.McReynolds Interim County Administrator County Administrator James City County York County 101C Mounts Bay Rd 224 Ballard Street Williamsburg,VA 23187-8784 Yorktown,VA 23690 Mr.Jim Bourey Mr. Peter M. Stephenson AICP City Manager Town Manager City of Newport News Town of Smithfield 2400 Washington Avenue 315 Main Street Newport News,VA 23607 Smithfield,VA 23431 Mr. Marcus Jones Mr. Edward G. Henifin City Manager Hampton Roads Sanitation District City of Norfolk PO Box 5911 1101 City Hall Building Virginia Beach,VA 23471 810 Union Street Norfolk,VA 23510 Mr.J. Randall Wheeler City Manager City of Poquoson 500 City Hall Avenue Poquoson,VA 23662 esti ii CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Supporting Offshore Wind Off the Coast of Virginia MEETING DATE: August 7, 2018 • Background: Development of offshore wind off the coast of Virginia has been pursued for several years. Virginia Beach has been a leader in this pursuit through appropriating funds to investigate the utilization of the Chesapeake Light Tower as a MET tower (a wind measuring tower or meteorological evaluation tower) and working extensively with the United States Navy and the Federal Aviation Administration on radar interference issues. City staff also has been deeply involved in the Virginia Offshore Wind Development Authority to assist in development of offshore wind. Dominion Power, which was awarded the lease for the area approximately 25 miles off the coast of Virginia Beach, has now partnered with Orsted A/S, formally Danish Oil and Natural Gas. Orsted and Dominion are anticipated to have two demonstration turbines generating 6 MW (megawatts) each producing electricity in 2020. These two test turbines will be the key for large-scale development of offshore wind off the coast of Virginia Beach. Earlier this year, the General Assembly enacted legislation requiring 5000 MW of renewable energy to be constructed in the near term. Five acres is needed for 1 MW of solar energy, and thousands of megawatts could be produced by wind turbines in the area offshore Virginia Beach. Virginia Beach has a robust electrical grid that can receive and transmit this offshore wind electric energy. • Considerations: Virginia Beach has become the landing point for multiple transoceanic high-speed data cables, and these cables will likely lead to the construction of server farms in the City which require large amounts of electricity. Most of the companies operating server farms want to use renewable energy as a source of electricity. The development of wind energy off the coast of Virginia could mean that Hampton Roads specifically and Virginia generally could become a hub for the wind energy industry in the mid-Atlantic, which could lead to thousands of high paying jobs and diversify the economies of Virginia Beach, Hampton Roads, and Virginia. This resolution notes the City Council's commitment to creation of an offshore wind energy industry off the coast of Virginia and requests that all state agencies take whatever steps are necessary to accelerate the creation of this new industry. • Public Information: Public information will be provided through the normal Council agenda process. • Attachment: Resolution Requested by Councilmember John Uhrin Requested by Councilmember Uhrin 1 A RESOLUTION SUPPORTING OFFSHORE WIND OFF 2 THE COAST OF VIRGINIA 3 4 WHEREAS, development of offshore wind off the coast of Virginia has been 5 pursued for a number of years; and 6 WHEREAS, Virginia Beach has been a leader in this pursuit through appropriating 7 funds to investigate the utilization of the Chesapeake Light Tower as a MET tower(a wind 8 measuring tower or meteorological evaluation tower) and working extensively with the 9 United States Navy and the Federal Aviation Administration on radar interference issues, 10 and having City staff deeply involved in the Virginia Offshore Wind Development Authority 11 (VOWDA)to assist in development of offshore wind; and 12 13 WHEREAS, Dominion Power, which was awarded the lease for the area 14 approximately 25 miles off the coast of Virginia Beach, has now partnered with Orsted 15 NS, formally Danish Oil and Natural Gas; and 16 17 WHEREAS, Orsted and Dominion are anticipated to have two demonstration 18 turbines generating 6 MW each producing electricity in 2020; and 19 WHEREAS, these two test turbines will be the key for large-scale development of 20 offshore wind off the coast of Virginia Beach; and 21 22 WHEREAS, the General Assembly enacted legislation in 2018 requiring 5000 MW 23 of renewable energy to be constructed in the near term, 5 acres is needed for 1 MW of 24 solar energy, and thousands of megawatts could be produced by wind turbines in the 25 area offshore Virginia Beach; and 26 WHEREAS, Virginia Beach has a robust electrical grid that can receive and 27 transmit this offshore wind electric energy; and 28 29 WHEREAS, Virginia Beach has become the landing point for multiple transoceanic 30 high-speed data cables, and these cables will likely lead to the construction of server 31 farms in the City which require large amounts of electricity, and most of the companies 32 operating server farms want to use renewable energy as a source of electricity; and 33 WHEREAS, the development of wind energy off the coast of Virginia could mean 34 that Hampton Roads specifically and Virginia generally could become a hub for the wind 35 energy industry in the mid-Atlantic, which could lead to thousands of high paying jobs and 36 terrifically diversify the economies of Virginia Beach, Hampton Roads, and Virginia. 37 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA: 39 That the City Council is committed to the creation of an offshore wind energy 40 industry off the coast of Virginia. 41 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 42 BEACH, VIRGINIA: 43 That the City Council requests that all state agencies, especially the State 44 Corporation Commission, take whatever steps are necessary in the very near term to 45 accelerate the creation of this new industry so as to provide clean renewable energy and 46 diversify the economy of Virginia. Adopted by the Council of the City of Virginia Beach, Virginia this day of , 2018. APPROVED AS TO LEGAL SUFFICIENCY: • Deputy City Attorney Ro.erick R. Ingram CA14487/R-1/July 31, 2018 a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Regarding the Membership of the City's Transition Area/Interfacility Traffic Area Citizens' Advisory Committee MEETING DATE: August 7, 2018 • Background: The City's Transition Area and Interfacility Traffic Area (the "ITA") are strategically located between the more urbanized regions of the City to the north and the City's rural area to the south, and as such, are important components of the City's overall land use planning strategy. In 2013, the City Council adopted a resolution establishing the Transition Area/Interfacility Traffic Area Citizens' Advisory Committee to serve as a liaison between the residents and businesses of the Transition Area and ITA and the City Council. • Considerations: The 2013 resolution provided that the committee would be comprised of 13 members, including a representative of the United States Navy serving at Naval Air Station Oceana. That seat is currently vacant, and the Navy has advised the City that their interests are adequately covered by their restrictive easements, the zoning/Joint City-Navy Review Process Group (JRP), and their participation in various master planning processes. This resolution removes the Navy representative from the committee's membership. • Public Information: The item will be advertised in the same manner as all other agenda items. • Attachments: Resolution Recommended Action: Approval Submitting r - • - Agency: City Clerk's Office City Manage►, lJl 1 A RESOLUTION REGARDING THE MEMBERSHIP OF 2 THE CITY'S TRANSITION AREA/INTERFACILITY TRAFFIC 3 AREA CITIZENS' ADVISORY COMMITTEE 4 5 WHEREAS, in 2013, the City Council by resolution established the City's 6 Transition Area/Interfacility Traffic Area Citizens' Advisory Committee to serve as a 7 liaison between the residents and businesses of the Transition Area and ITA and the 8 City Council; 9 10 WHEREAS, the 2013 resolution provided that the committee shall be comprised 11 of thirteen (13) persons, of whom two (2) shall be ex officio members appointed by 12 virtue of their office as the City Councilmember and Planning Commission member, 13 respectively, representing the Princess Anne District; one (1) shall be a military or 14 civilian representative of the United States Navy serving at Naval Air Station Oceana; 15 one (1) shall be a representative the Virginia Beach Development Authority; and the 16 remaining members shall be appointed from among the residents or business owners of 17 the City who have an interest in land use and related issues pertaining to the Transition 18 Area and ITA; and 19 20 WHEREAS, the membership slot for a representative of the United States Navy 21 serving at Naval Air Station Oceana is vacant, and the Navy has advised the City that 22 their interests are adequately covered by their restrictive easements, the zoning/Joint 23 City-Navy Review Process Group (JRP), and their participation in various master 24 planning processes; 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRIGNIA BEACH, VIRGINIA: 28 29 That the Transition Area/Interfacility Traffic Area Citizens' Advisory Committee 30 shall be comprised of twelve (12) persons, of whom two (2) shall be ex officio members 31 appointed by virtue of their office as the City Councilmember and Planning Commission 32 member, respectively, representing the Princess Anne District; one (1) shall be a 33 representative the Virginia Beach Development Authority; and the remaining members 34 shall be appointed from among the residents or business owners of the City who have 35 an interest in land use and related issues pertaining to the Transition Area and ITA. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the _day of 38 , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 C e Aman Barnes Deputy City Attorney oderick Ingram CA14326 R-1 July 31, 2018 2 [ c*:, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Regarding the Membership of the Oceana Land Use Conformity Committee MEETING DATE: August 7, 2018 • Background: In 2005, the City Council adopted "An Ordinance Adopting the City's Plan for Compliance with the Base Realignment and Closure (BRAC) Commission's Decision Regarding Naval Air Station Oceana" as well as related ordinances, including the adoption of the APZ-1 Ordinance, which was later amended to include the Clear Zones, and the APZ-1/Clear Zone Use and Acquisition Plan, which has been amended at various times to address acquisition opportunities. The following year, the City Council adopted ordinance 2934C, which established the Oceana Land Use Conformity Committee ("OLUCC") to make recommendations to City Council, the Virginia Beach Development Authority and the Planning Commission. By using local land use regulations, incentives, and other means pursuant to the provisions of those ordinances, the City has been attaining the goals of preventing further encroachment and rolling back existing encroachment. • Considerations: The 2006 ordinance provided that OLUCC shall be comprised of nine voting members and one non-voting member. This ordinance increases the membership to eleven voting members by adding an additional Council member and an additional owner of residential property in APZ-1. It also replaces a reference to the Chief Development Officer with the current title for this member: the Deputy City Manager for Economic Vitality. • Public Information: Public information will be provided through the normal Council agenda process. • Attachment: Ordinance. Recommended Action: Approval „ Submitting D- • .Agency: City Clerk /.y f �/ 01% X11/ City Manage 1 A RESOLUTION REGARDING THE MEMBERSHIP OF THE 2 OCEANA LAND USE CONFORMITY COMMITTEE 3 4 WHEREAS, on December 20, 2005, the City Council adopted Ordinance 2914 K, 5 entitled "An Ordinance Adopting the City's Plan for Compliance with the Base 6 Realignment and Closure (BRAG) Commission's Decision Regarding Naval Air Station 7 Oceana" as well as other related ordinances including the adoption of the APZ-1 8 Ordinance, which was later amended to include the Clear Zones, and the APZ-1/Clear 9 Zone Use and Acquisition Plan; 10 11 WHEREAS,on March 28, 2006,the City Council adopted Ordinance 2934C,which 12 established the Oceana Land Use Conformity Committee ("OLUCC") to make 13 recommendations to the City Council, the Virginia Beach Development Authority and the 14 Planning Commission; 15 16 WHEREAS, the 2006 ordinance provided that OLUCC be comprised of nine voting 17 and one non-voting member, with the voting members consisting of two members of the 18 City Council, two members of the Development Authority, the City Manager, the City 19 Attorney and the Chief Development Officer, and one owner of residential property in 20 APZ-1 and one owner of commercial property in APZ-1, and the non-voting member being 21 a designee of the United States Navy; and 22 23 WHEREAS, the City Council desires to amend OLUCC's membership; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA: 27 28 (1) That the membership of the Oceana Land Use Conformity Committee shall 29 consist of eleven voting members and one non-voting member. Voting members shall 30 consist of the Mayor, the Vice Mayor, and one additional member of the City Council, two 31 members of the Development Authority consisting of the Chair of the Development 32 Authority and one other member, the City Manager, the City Attorney, the Deputy City 33 Manager for Economic Vitality, two owners of residential property in APZ-1, and one 34 owner of commercial property in APZ-1. The non-voting member shall be a designee of 35 the United States Navy. 36 37 (2) The terms of the unspecified member of the City Council, the non-chair 38 member of the Development Authority, and the residential and commercial property 39 owners in APZ-1 shall be five (5) years but shall be renewable by the City Council at the 40 expiration of each term. 41 42 Adopted by the City Council of the City of Virginia Beach, Virginia on the 43 day , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: it�W'// dy erk City Attorney CA14499 R-2 July 31, 2018 2 rj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 2-455 and 2-456 of the City Code Pertaining to the Department of Aquarium, Historic Houses, and Museums MEETING DATE: August 7, 2018 • Background: The name of the City department that operates and oversees the Virginia Aquarium, the City's historic houses and its history museum has been updated several times over the years to better reflect the scope and focus of the department. In 1991, the department was known as the Department of Museums and Cultural Arts. Since then, the name has been revised twice, and its current name is the Department of Aquarium and Museums. Because the City owns and operates historic houses, which are distinct from the City's history museum, a new name is recommended to be more reflective of the historic house structures and their functions. • Considerations: This ordinance would rename the department as the Department of Aquarium, Historic Houses, and Museums. The department will continue to be responsible for administering and coordinating the activities and functions of the Virginia Aquarium; the three historic houses owned and operated by the City: the Francis Land House, Thoroughgood House, Lynnhaven House; and the City's history museum, Union Kempsville Princess Anne County Training School. • Public Information: Information will be disseminated to the public through the normal process involving the advertisement of the City Council agenda. • Recommendation: Adopt the ordinance. • Attachment: Ordinance. Recommended Action: Approval Submitting Dep rtCAgency: Department of Aquarium and Museums City Manager: 1 AN ORDINANCE TO AMEND SECTIONS 2- 2 455 AND 2-456 OF THE CITY CODE 3 PERTAINING TO THE DEPARTMENT OF 4 AQUARIUM, HISTORIC HOUSES AND 5 MUSEUMS 6 7 SECTION AMENDED: §§ 2-455 and 2-456 8 9 10 That Sections 2-455 and 2-456 of the Code of the City of Virginia Beach, Virginia, 11 are hereby amended and ordained to read as follows: 12 13 ARTICLE )(XIV. - DEPARTMENT OF AQUARIUM, HISTORIC HOUSES AND 14 MUSEUMS 15 Sec. 2-455. - Created; composition. 16 There is hereby created a department to be designated the department of 17 aquarium historic houses and museums, which shall consist of a director of the 18 department, and such other employees as may be prescribed by the Charter, or by 19 ordinance, or by direction of the city manager. 20 Sec. 2-456. - Functions. 21 The department of aquarium historic houses and museums shall be responsible 22 for administering and coordinating the activities and functions of the Virginia Aquarium & 23 Marine Science Center and the four history museums owned and operated by the city: 24 the Francis Land House, Thoroughgood House, Lynnhaven House, and the Princess 25 Anne County Training School/Union Kempsville High School Museum. The department 26 shall also be responsible for the provision of such other services as may be directed by 27 the council or the city manager. 28 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 29 day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: De(at of A oarium, Historic City n Office Houses and Museums CA14489 R-1 July 24, 2018 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting a Franchise Agreement for an Open Air Café in the Resort Area MEETING DATE: August 7, 2018 • Background: By resolution adopted November 15, 1985, City Council authorized the City Manager to promulgate Open Air Café Regulations, which have been amended from time to time, for the operation of open air cafés on public property. The City has developed a franchise agreement for the regulation of open air cafés, which the grantees are required to execute as a condition of the grant. The City Council has traditionally granted initial franchises for one-year terms. If an open air café is successfully operated during the initial one-year term, the franchisee may return to Council upon the expiration of the one-year term and request a five-year franchise agreement. • Considerations: Fish N Bones, Inc., t/a Fish Bones, is seeking a one-year franchise agreement for the operation of a Boardwalk Café at 1211 Atlantic Avenue. • Public Information: A public notice was published in The Beacon on August 5, 2018. • Attachments: Ordinance and Disclosure Form Recommended Action: Adopt Ordinance Submitting Departm• . • .ency: Convention & Visitors Bureau/Resort Management Y City Manager: epeis 1 AN ORDINANCE GRANTING A FRANCHISE 2 AGREEMENT FOR AN OPEN AIR CAFE IN 3 THE RESORT AREA 4 5 WHEREAS, by resolution adopted November 15, 1985, City Council authorized 6 the City Manager to promulgate Open Air Café Regulations, which have been amended 7 from time to time, for the operation of open air cafés on public property; and 8 9 WHEREAS, the City Council has traditionally granted initial franchises for one- 10 year terms; and 11 12 WHEREAS, if an open air café is successfully operated during the initial one- 13 year term, the franchisee may return to Council and request a five-year franchise 14 agreement; and 15 16 WHEREAS, Fish N Bones, Inc. t/a Fish Bones, is seeking a one-year franchise 17 agreement for operation of a Boardwalk Café at 1211 Atlantic Avenue; and 18 19 WHEREAS, the Convention & Visitors Bureau/Resort Management recommends 20 that the above-named entity be granted an open air café franchise agreement. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH: 24 25 That the City Council hereby grants Fish N Bones, Inc. t/a Fish Bones, a one- 26 year franchise agreement for operation of a Boardwalk Café at 1211 Atlantic Avenue. Adopted by the City Council of Virginia Beach, Virginia on this day of 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: are Mike Eason Aimee Sullivan Convention and Visitors Bureau/ City Attorney's Office Resort Management CA14485 R-2 July 18, 2018 ' 44. ylu . t a e s fn Y"# creamy A. •-+" x Y w s :**7.1.4(.41" 4 S 2 axn t �, y. APPLICANTS NAME i sLf-606 (7/ 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 disclosmeS must be updated two RI weeia pool to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the appliration(s). o APPLICANT NOTIFIED OF HEARING DATE. ▪ NO CHANGES AS OF DATE. n REVISIONS SUBMITTED DATC. -sra-w A . ^ r . +r n x:t a . ". $7Y: ` y` 111 Check here if the APPLICANT IS NOT a corporation, pa ' , nm, - business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization.II n/� (A) List the Applicant's name:__ _iir t� X.__G P01 1t1A 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) (Al OAGeev, ok Cyti , rJe t . V.P . Tvtw (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. RitCheck 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: S (.44 LL t^ If an LLC, list the member's names: AIJTAMfi TAuIA TheuL kM-ci-tj- p-Alt BE AL UAciiii t Tek—r Page 2 of 7 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 0) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two 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 aooljcatjon 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 #, ,�y sa' s ' * ` ¢ 7 ,� 1-27 "»`.,r:£ h1/2, yq d.c k-t f"` ' q,»:' APPLICANT YES NO SERVICE I PROVIDER ( al sheets if needed) © Accounting and/or preparer of your tax return n Architect/ Landscape Architect/ L{p Land Planner Contract Purchaser (if other than n ❑✓ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed f © purchaser of the subject property (identify purchaser(s) and purchaser's service providers) n Construction Contractors HEngineers / Surveyors/ Agents Financing (include current ❑ 0 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 13❑ 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 A#Y �y d P"x^ 'IiWJft S nL a 9 4Mr4A, +„� .� !Pi �tk aa7 ' Sx .hFtky,y P1 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. Pall reov3)OJ �IZnkiB APPLICAN 'S 1ATURE PRINT NAME DATE Page 5 of 7 --.. OWNER YES NO SERVICE PROVIDER ( al sheets if needed) ❑ © Accounting and/or preparer of your tax return Architect / Landscape Architect/ Land Planner ❑ Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ▪ O purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ DConstruction Contractors ▪ EEngineers / Surveyors/ Agents Financing (include current ❑ 111 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • HLegal 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 R 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 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.� pn 1A ' / PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize the relocation of a 25' portion of an existing Dominion Energy easement along Landstown Road by declaring excess and granting a 25' Dominion Energy easement on the far eastern side of the remaining 120' existing easement for the Landstown Road Improvement Project (CIP 2-050) MEETING DATE: August 7, 2018 • Background: The City of Virginia Beach is constructing the Landstown Road Improvement Project, CIP 2-050 (the "Project") in order to widen Landstown Road to a four-lane undivided roadway. Only City-owned property will be affected by the Project. The City owns property located at 2068 Landstown Centre Way (GPIN: 1484-86-9245), 2020 Landstown Centre Way (GPIN: 1484-97-5796), and a vacant parcel on Landstown Road identified as GPIN: 1484-87-1971 (collectively, the "City Property"). There is a 120' Dominion Energy ("Dominion") easement (transmission line) on the City Property on the east side of Landstown Road eastward starting at the edge of pavement (the "Existing Dominion Easement"). The Project requires that 25' of the 120' Dominion easement be vacated in order to accommodate the Project. Dominion will not allow a roadway to be built within the area of its easement, so the City and Dominion agreed to shift the Existing Dominion Easement to the east 25' to allow the new roadway to be constructed while allowing Dominion to retain a 120' transmission easement. Dominion has agreed to vacate the 25' portion of the Existing Dominion Easement(from edge of pavement of Landstown Road) in exchange for a new 25' Dominion easement to be placed on the far eastern side of the remaining Existing Dominion Easement (the "New Dominion Easement"). Dominion has also agreed to allow the City's drainage swale and shared-use path to encroach into the Existing Dominion Easement. The impact to the City Property by granting the new 25' easement will limit the use within the New Dominion Easement to those items currently allowed in the Existing Dominion Easement and other uses subject to Dominion's approval. The current uses at the affected properties, the Sportsplex and Field Hockey Complex at Princess Anne Commons by the New Dominion Easement, will not be impacted by this easement relocation. • Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. • Alternatives: Deny the Ordinance and risk delaying or not completing the Project. • Recommendations: Approval. • Attachments: Ordinance, Location Map, Plats and Disclosure Statement Recommended Action: Approval Jai Submitting De. •m ncy: Public Works/Real EstateQy Jai 0 City Manager:Il V .5�o' 1 AN ORDINANCE TO AUTHORIZE THE 2 RELOCATION OF A 25' PORTION OF AN 3 EXISTING DOMINION ENERGY EASEMENT 4 ALONG LANDSTOWN ROAD BY 5 DECLARING EXCESS AND GRANTING A 25' 6 DOMINION ENERGY EASEMENT ON THE 7 FAR EASTERN SIDE OF THE REMAINING 8 120' EXISTING EASEMENT FOR THE 9 LANDSTOWN ROAD IMPROVEMENT 10 PROJECT (CIP 2-050) 11 12 WHEREAS, the City of Virginia Beach is constructing the Landstown Road 13 Improvement Project, CIP 2-050 (the "Project") in order to widen Landstown Road to a 14 four-lane undivided roadway. Only City-owned property will be affected by the Project; 15 16 WHEREAS, the City owns property located at 2068 Landstown Centre Way 17 (GPIN: 1484-86-9245), 2020 Landstown Centre Way (GPIN: 1484-97-5796), and a 18 vacant parcel on Landstown Road identified as GPIN: 1484-87-1971 (collectively, the 19 "City Property"). There is a 120' Dominion Energy ("Dominion") easement 20 (transmission line) on the City Property on the east side of Landstown Road eastward 21 starting at the edge of pavement (the "Existing Dominion Easement"). The Project 22 requires that 25' of the Existing Dominion Easement be vacated in order to 23 accommodate the Project; 24 25 WHEREAS, Dominion will not allow a roadway to be built within the area of its 26 easement, so the City and Dominion agreed to shift the Existing Dominion Easement to 27 the east 25' to allow the new roadway to be constructed; 28 29 WHEREAS, Dominion has agreed to vacate the 25' portion of the Existing 30 Dominion Easement (from edge of pavement of Landstown Road) in exchange for a 31 new 25' Dominion easement to be placed on the far eastern side of the remaining 32 Existing Dominion Easement (the "New Dominion Easement"); 33 34 WHEREAS, the impact to the City Property by granting the new 25' easement 35 will limit the use within the New Dominion Easement to those items currently allowed in 36 the Existing Dominion Easement and subject to Dominion's review and approval; 37 38 WHEREAS, the City has determined that the relocation of 25' of the Existing 39 Dominion Easement to the New Dominion Easement location would further the City's 40 goals associated with the Project; 41 42 WHEREAS, the City Council is of the opinion that the portion of the City Property 43 encompassed by the New Dominion Easement is in excess of the needs of the City of 44 Virginia Beach; and 45 WHEREAS, the City Council finds that it is in the best interest of the City to 46 request that Dominion vacate 25' of the Existing Dominion Easement on City Property 47 and convey the New Dominion Easement to Dominion. 48 49 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, so VIRGINIA: 51 52 1. That the City Council authorizes requesting Dominion to vacate 25' of the 53 Existing Dominion Easement in exchange for the granting of the New Dominion 54 Easement from the City of Virginia Beach to Dominion Energy.; 55 56 2. That the New Dominion Easement is hereby declared excess of the needs 57 of the City of Virginia Beach and may be conveyed to Dominion Energy; and 58 59 3. That the City Manager or his designee is authorized to execute all 60 documents that may be necessary or appropriate in connection with the actions stated 61 above, and including such terms and conditions as may be acceptable to the City 62 Manager and in a form deemed satisfactory by the City Attorney. 63 64 This ordinance shall be effective from the date of its adoption. 65 66 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 67 of , 2018. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. 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I M,Is.ez.aesN o.---.- �' $.' :;i' �'- iii �- I P+ n aa I^ N .00s �� I `; I -•M.Of-eZ.OBS' ...�.. &•,1 1 'mf8 m 1 N R m 2 $ 7 I ROAD g /_/ 3.05,10k9N sou 1IId• _ fR of orgy, 1 .-'`� bey 8 F 0-4,8g4 z .: sfff800S190100Z/'15N1 LL �+'�`�`i'n 99198001Z90000U'1SM i 3 5 POKISY3 00d3A 8 iS S LI.A V KM 31BVIWA I S x m bmmoy� eom L (L I w B Virginia Beach APPLICANT'S NAME Virginia Electric and Power Company 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). o APPLICANT NOTIFIED OF HEARING DATE: o NO CHANGES AS OF DATE: El REVISIONS SUBMITTED DATE: :NB VirginiaBernet ❑ Check here If the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Al Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Virginia Electric and Power Com 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) See attached. (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See attached. See next page for Information pertaining to footnotesI and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only If property owner is different from Applicant. D Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 0 Check here if the PROPERTY OWNER 15a 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 0) one business entity has a controlling ownership Interest In the other business entity, (i0 a controlling owner in one entity is also a controlling owner in the other entity, or (110 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 subiect of the Application or r • ess • • • 'r • • • •e o• - - •. •r - ' • • a . 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 �i Beach YES NO SERVICE PROVIDER one additional sheets If needed) ❑ „ Accounting and/or preparer of 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) ❑ I Construction Contractors ❑ A Engineers/Surveyors/Agents Financing (include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) �I Legal Services Real Estate Brokers / ❑ ® Agents/Realtors for current and anticipated future sales of the subject property e • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development ❑ ��� contingent on the subject public action? If yes, what is the name of the official or employee and what Is the nature of the interest? Page 4 of 7 ViJnrrgInia 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. �4LS /`Aickt..al H. Ic . •K 7/A.Chr APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If I needed) J r i Accounting and/or preparer of your tax return 0 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) I:. Construction Contractors Engineers /Surveyors/Agents Financing (include current ❑ in mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I ® Legal Services Real Estate Brokers / El ® Agents/Realtors for current and anticipated future sales of the subject property • e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what Is the nature of the interest? Page 6 of 7 Directors/Officers Report i ' p�,, �.,--�asY � ,4-•P• r 1 § c.Ac '#, a Directors Thomas F.Farrell, II Chairmen Mark F. McGettrick Director Mark 0.Webb Director Officers Thomas F. Farrell, 11 Chief Executive Officer Robert M.Blue President and Chief Operating Officer-Power Delivery Group Paul D. Koonce President and Chief Operating Officer-Power Generation Group Mark F. McGettrick Executive Vice President and Chief Financial Officer Carter M. Reid Executive Vice President, Chief Administrative&Compliance Officer and Corporate Secretary Edward H. Baine Senior Vice President-Distribution Gerald T. Bischof Senior Vice President-Nuclear Operations&Fleet Performance P. Rodney Blevins Senior Vice President and Chief Information Officer James R.Chapman Senior Vice President-Mergers&Acquisitions and Treasurer Katheryn B. Curtis Senior Vice President-Generation Pamela F.Faggert Chief Environmental Officer and Senior Vice President- Sustainability Daniel G. Stoddard Senior Vice President and Chief Nuclear Officer Mark 0.Webb Senior Vice President Corporate Affairs and Chief Innovation Officer Thomas P.Wohlfarth Senior Vice President-Regulatory Affairs Corynne S.Arnett Vice President-Customer Service Joshua J. Bennett Vice President-Technical Services Carlos M. Brown Vice President and General Counsel Michele L. Cardiff Vice President, Controller and Chief Accounting Officer David A.Craymer Vice President-System Operations J. Kevin Curtis Vice President-Transmission L.Wayne Duman Vice President-Financial Management Simon C. Hodges Vice President-Corporate Strategy and Chief Risk Officer Papa 1 of2 Directors/Officers Report " S.:ps� { � �Ne 7� �. 1 'ra •• v` t, > �T a K. T7 C1"mow Cowes a} _'� "-4:';.t,-;•-v=.,. F Lee D. Katz Vice President-Financial Management Morenlke K. Miles Vice President-Governance&Compliance and Assistant Corporate Secretary Mark D. Mitchell Vice President-Generation Construction Jeffrey A. Murphy Vice President-State Regulation Mark D. Sartain Vice President-Nuclear Engineering&Fleet Support Alma W. Showalter Vice President-Tax Amanda B.Tomabene Vice President-Environmental Services Wendy T.Wellener Vice President-Shared Services Charlene J.Whitfield Vice President-Distribution Operations Keith Windle Vice President-Business Development Joseph A.Woomer Vice President-Technical Solutions Steve C.Wooten Vice President-Information Technology N. Larry Lane Site Vice President-North Anna Fred Mladen Site Vice President-Surry Kelly K.Conway Controller Kristy R. Babcock Assistant Treasurer Richard M. Davis, Jr. Assistant Treasurer Karen W. Doggett Assistant Corporate Secretary William J. Kurz Assistant Controller William J. McHugh, Jr. Assistant Treasurer Alison M. Nawrocki Assistant Controller Perp 2 oft } ! ) + , ` 88888 | a { , \ . 0 at } § ° 3 / C ■ ; ' 0 | } ® ; . k | ■ m ! ti { § m . h. . \ } 2a2 B - } ' ! Iw . a. & { / | - # as , > a< 5 5 Parent-Subsidiary Report %Owned Parent Dominion Energy,Inc. 100% §ubelellarleg Virginia Power Fuel Corporation 100% Virginia Power Services,LLC 100% Virginia Power Nuclear Services Company 100% Virginia Power Services Energy Corp.,Inc. 100% VP Property,Inc. 100% Pape 1 d i Directors/Officers Report Directors Thomas F. Farrell, II Chairman Mark F. McGettrick Director Mark O. Webb Director Officers Thomas F. Farrell, II Chief Executive Officer Robert M. Blue President and Chief Operating Officer-Power Delivery Group Paul D. Koonce President and Chief Operating Officer-Power Generation Group Mark F. McGettrick Executive Vice President and Chief Financial Officer Carter M. Reid Executive Vice President, Chief Administrative&Compliance Officer and Corporate Secretary Edward H. Baine Senior Vice President-Distribution Gerald T. Bischof Senior Vice President-Nuclear Operations& Fleet Performance P. Rodney Blevins Senior Vice President and Chief Information Officer James R. Chapman Senior Vice President-Mergers&Acquisitions and Treasurer Katheryn B. Curtis Senior Vice President-Generation Pamela F. Fagged Chief Environmental Officer and Senior Vice President- Sustainability Daniel G. Stoddard Senior Vice President and Chief Nuclear Officer Mark O. Webb Senior Vice President-Corporate Affairs and Chief Innovation Officer Thomas P.Wohlfarth Senior Vice President-Regulatory Affairs Corynne S.Arnett Vice President-Customer Service Joshua J. Bennett Vice President-Technical Services Carlos M. Brown Vice President and General Counsel Michele L. Cardiff Vice President, Controller and Chief Accounting Officer David A. Craymer Vice President-System Operations J. Kevin Curtis Vice President-Transmission L. Wayne Duman Vice President-Financial Management Simon C. Hodges Vice President-Corporate Strategy and Chief Risk Officer Pare 1 of 2 Directors/Officers Report Lee D. Katz Vice President-Financial Management Morenike K. Miles Vice President-Governance&Compliance and Assistant Corporate Secretary Mark D. Mitchell Vice President-Generation Construction Jeffrey A. Murphy Vice President-State Regulation Mark D. Sartain Vice President-Nuclear Engineering& Fleet Support Alma W. Showalter Vice President-Tax Amanda B. Tomabene Vice President-Environmental Services Wendy T. Wellener Vice President-Shared Services Charlene J.Whitfield Vice President-Distribution Operations Keith W ndle Vice President-Business Development Joseph A. Woomer Vice President-Technical Solutions Steve C. Wooten Vice President-Information Technology N. Larry Lane Site Vice President-North Anna Fred Mladen Site Vice President-Surry Kelly K. Conway Controller Kristy R. Babcock Assistant Treasurer Richard M. Davis, Jr. Assistant Treasurer Karen W. Doggett Assistant Corporate Secretary William J. Kurz Assistant Controller William J. McHugh, Jr. Assistant Treasurer Alison M. Nawrocki Assistant Controller Ave 2 of 2 t�. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize the acceptance of a dedication of property and an easement from Paul A. Galloway for the City's Buccaneer Road Bulkhead Replacement Project. MEETING DATE: August 7, 2018 • Background: The City has an approved project, Buccaneer Road Bulkhead Replacement (CIP 2-130), to replace the existing aluminum bulkhead along City right- of-way known as Buccaneer Road, in Lynnhaven Colony (the "Project"). The bulkhead is approximately 2,100 linear feet in length and approximately 20 feet from the edge of Buccaneer Road. Replacing the bulkhead is critical to the structural integrity of Buccaneer Road, as routine maintenance of the bulkhead will no longer suffice in keeping it, and Buccaneer Road, structurally sound. As part of the Project, the City will need to install a steel sheet pile system that will encroach into the bottomlands of the canal adjacent to Buccaneer Road. Paul A. Galloway ("Galloway"), the current owner of the canal, has agreed to dedicate to the City approximately 3,375 sq. ft. (0.077 acre)of the canal bottomland and a 20,580 sq. ft. (0.472 acre) maintenance easement (collectively, the "Property"), along the length of the bulkhead to accommodate the City's future maintenance responsibilities of the bulkhead. • Considerations: Galloway has agreed to dedicate the Property to the City. • Public Information: Advertisement of City Council's Agenda. • Alternatives: Decline the proposed dedication. • Recommendations: Approval • Attachments: Ordinance, Location Map, Disclosure Statement Recommended Action: Approval _p Submitting De. . •gency: Public Work, ri City Manager: 9 kit) 1 AN ORDINANCE TO AUTHORIZE THE 2 ACCEPTANCE OF A DEDICATION OF PROPERTY 3 AND AN EASEMENT FROM PAUL A. GALLOWAY 4 FOR THE CITY'S BUCCANEER ROAD BULKHEAD 5 REPLACEMENT PROJECT 6 7 WHEREAS, the Buccaneer Road Bulkhead Replacement Project (CIP 2-130) B was established to replace the existing, and failing, aluminum bulkhead adjacent to 9 Buccaneer Road in Lynnhaven Colony (the "Project"); 10 11 WHEREAS, as part of the Project, the City will need to install a steel sheet pile 12 system which will encroach into the bottomlands of the canal adjacent to Buccaneer 13 Road; 14 15 WHEREAS, Paul A. Galloway, the current owner of the canal, has agreed to 16 dedicate to the City approximately 3,375 sq. ft. (0.077 ac.) of the canal bottomland and 17 a 20,580 sq. ft. (0.472 ac.) maintenance easement located along the length of the 18 bulkhead for future maintenance of the bulkhead (collectively, the "Property"), as shown 19 on the plat attached hereto as Exhibit A; 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 1. That the City Council authorizes the acceptance of the dedication of the 25 Property from Paul A. Galloway to the City of Virginia Beach. 26 27 2. That the City Manager, or his designee, is further authorized to execute all 28 documents that may be necessary or appropriate in connection with accepting the 29 dedication of the Property, and including such terms, conditions or modifications as may 30 be acceptable to the City Manager and in a form deemed satisfactory by the City 31 Attorney. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 34 of , 2018. APP-OVED AS TO CONTENT APPROVED AS TO LEGAL Adi/ �/ SUFFICIENCY AND FORM PUBLI' ORKS, REAL ESTATE CITY ATTORNEY CACA14 �uwv,p". R-1 7/26/18 EXHIBIT A 1yIAAr 'R IA% eiiRR8 ,r y �A )4 1 lui1R Al l $$ _\.. LL, (1..) .. /51 . k i' li 11 '--, q 4a t 'ziti.) N11 1.% i ;,. at i 4 ''. " T IAID11- i 11 1 11 1 1 villi.fpfia t R i rri . 41 4 g i §i . 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Altos �A vt rt . j 'ui a 1( k tv ni dis • h� '(1 Y :. iki 1 R,A` on f W, r` DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 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 ❑ 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 FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page I of 4 Planning Commission and CRy Council meeting teal pert dins to the appI cat ionis). o APPLICANT NOTIFIED OF HEARING DAlt ❑ NO CHANGES AS OF DATE • REVISIONS SUBMITTED I3MF- \'irginv, Iseach 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) (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. A Check here if the PROPERTY OWNER 15 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 arc necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict i of interest under Virginia law. . ax. Virginia Bt i-h t "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" 5ee 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 ownerin 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 an 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: 1 YES—I NO SERVICE PROVIDER (use additional sheets if needed) fat' f Accounting and/or preparer of .144 Accounting tax return 1 Architect/ Landscape Architect / Land Planner (� Contract Purchaser (if other than I I 21 the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed cYl purchaser of the subject property Jul (Identify purchaser(s)and purchaser's service providers) Construction Contractors tgc 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 (7)/ of interest under Virginia law. l ire iniu D'a'h Financing (include current ❑ txi mortgage holders and lenders "i" selected or being considered to • provide financing for acquisition I t�/� or construction of the property) 1 Li Cy Legal Services Real Estate Brokers /Agents for ❑ 1.,2 current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: 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. APPLICANT'S SIGNATURE j PRINT NAME DATE , pali��1-0 '1� i(m.g)Jc.rv9J'E 4123/1$ [PROPERTY O NER'S SIGNATURE PRINT NAME I 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. [ ( NH :.1. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize the acceptance of a dedication from Jesse W. Thompson, Jr., Jacqueline Standford and Barbara Thompson Rogister of 10 sq. ft. of property located at the intersection of Indian River Road and Lifetime Circle for right-of-way purposes MEETING DATE: August 7, 2018 • Background: Jesse W. Thompson, Jr., Jacqueline Standford and Barbara Thompson Rogister (collectively, "Thompson") own property located at 3981 Indian River Road (GPIN: 1474-72-1526) (the "Thompson Property"). The City of Virginia Beach (the "City") owns the adjacent property located at 2525 & 2533 Lifetime Circle (GPINs: 1474-62-6890 & 1474-62-7464) (the "City Property"). In 2012, the City and the Commonwealth of Virginia joined together to construct the Indian River Intermediate Care Facility for persons with intellectual disabilities on the City Property. During construction of the right-of-way known as Lifetime Circle, a portion of its curbing and guttering was inadvertently built on Thompson's property (the "Encroachment"). • Considerations: Thompson has agreed to dedicate a 10 sq. ft. portion of the Thompson Property, as shown on Exhibit A attached to the Ordinance, to the City for right-of-way purposes to correct the Encroachment. • Public Information: Advertisement of City Council's Agenda. • Alternatives: Decline the proposed dedication and require the contractor to reconstruct Lifetime Circle within the City Property. • Recommendations: Approval • Attachments: Ordinance, Exhibit, Location Map, Disclosure Statement Form Recommended Action: Approval Submitting r • • .� • Agency: Public Works/Real Estate, 4°0/ City Manage;` Ir• Wil' 1 AN ORDINANCE TO AUTHORIZE THE ACCEPTANCE OF 2 A DEDICATION FROM JESSE W. THOMPSON, JR., 3 JACQUELINE STANDFORD AND BARBARA THOMPSON 9 ROGISTER OF 10 SQ. FT. OF PROPERTY LOCATED AT 5 THE INTERSECTION OF INDIAN RIVER ROAD AND 6 LIFETIME CIRCLE FOR RIGHT-OF-WAY PURPOSES 7 8 WHEREAS, Jesse W. Thompson, Jr., Jacqueline Standford and Barbara 9 Thompson Rogister (collectively, "Thompson") own a parcel of land located at 3918 10 Indian River Road (GPIN: 1474-72-1526) (the "Thompson Property"); 11 12 WHEREAS, the City of Virginia Beach (the "City") owns property located at 2525 13 & 2533 Lifetime Circle (GPINs: 1474-62-6890 & 1474-62-7464) (the "City Property"), 19 which is adjacent to the Thompson's Property; 15 . 16 WHEREAS, in 2012, during construction of the right-of-way known as Lifetime 17 Circle, a portion of the curbing and guttering was inadvertently built so that it 18 encroaches 10 sq. ft. onto the Thompson Property; and 19 20 WHEREAS, Thompson has agreed to dedicate a 10 sq. ft. section of the 21 Thompson Property to the City to correct the said encroachment, as shown on the plat 22 attached hereto as Exhibit A. 23 29 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 25 VIRGINIA: 26 27 1. That the City Council authorizes the acceptance of the dedication of a 10 28 sq. ft. section of the Thompson Property by Thompson, Jr., Jacqueline Standford and 29 Barbara Thompson Rogister to the City of Virginia Beach, as shown on Exhibit A 30 attached hereto and made a part hereof. 31 32 2. That the City Manager, or his designee, is further authorized to execute all 33 documents that may be necessary or appropriate in connection with accepting the 39 dedication of the right-of-way, and including such terms, conditions and modifications as 35 may be acceptable to the City Manager and in a form deemed satisfactory by the City 36 Attorney. 37 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 39 of , 2018. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM ":lLIC rKS, REAL ESTATE CITY ATTORNEY CA14387 arogov.am oRt W pllufiom CityLawRMbyCW/3NW ppMV101PPo,S0004%113DOC R-1 July 26, 2018 EXHIBIT A 4N., INDIAN RIVER ROAD (VARIABLE WIDTH R!W) (WA 244 SM 10) flifeizbx Ern Rt►JIYJ4'E _ SS E a62' J94.55' M.as' • 5.'05'01.17 \1 VMMHE MOM `, MIGR-0i-gY 14 WON DBLW TO GN of MOM MACH N(B tlW(BMW W. 1110111101135014 R 90 , MCOUELINE SWORD J< BMW THOIPSON ROWER 1 g W.B. 107, PR 216 ate\ SPIV 1111474-72-1528 I o & �_ W P J MM M IMPLY .IOZ'1 F 17M JD,PC AO IS I01, F[SIS OW MS 1474-0-Mill 1 20 10 0 20 40 seals test i IXHIBIT 'A' all 040 SHOWING VARIABLE WIDTH RIGHT-OF-WAY DEDICATOR (Nt PROPERTY OWNED BY 1 i JESSE W. TiOMPSON, JR, JACQUELINE STANFORD F & BARBARA THOMPSON ROGISTER mJ. .7417 •Ri✓1h 1 (W.B. 107,PG. 215) Lu.No.002304 I V81ON6A REIGN VROINII `Wp SW, Dig _ l•EUIEeyors• 11�,P.C. 1„���ii :. sou non o mmean sum 5• (l lannnm I.;ivS+>>' Portsmouth,G Virginia (102 , I1'•'•. :i Irglnla 23704 H U 11111111‘ IJ nONCvi v:\444 0D iaz0 Z Ci p O = W T o N N 1.- w CD 1� If Tr Qa2ma � oN Q ��L��" 40,\:\I Or � ati Q - a o�Y \�/ m OO aOJ, % Ow � � ocNc WNZcl oFie) ‘-lr (.:Jul „ I— S .)›... P��PW Z > w 1 CO 0 0 4tit , . . o 2 % J/ __)40>/ J co N co O 7 l0 N N-/ ( 4110 •2 CO 4t- 4. -----,..,N 4 4 .f 0 ) a a p �O N CO !n 4.,`''' N CL ,CD w N 04. a0\ - f c W dip .0 Z. r m4 W_t c V - °->,. 1-. a)ww _ W 9 J i a CI.` APPLICANT'S NAME JESSE W. THOMPSON, JR. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers '. Alternative Economic Development Compliance, Special Investment Program Nonconforming Use 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 1 Conditional Use Permit License Agreement JI 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 1of7 0 {PIK ANT NOTIFIED 0114-\RENT ❑ NO i11ANOI S AS OV I O MIISIONS SUbMI1 0 Check here if the APPLICANT IS NOT a corporation, pa trm, business, or other unincorporated organization. I I Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: JESSE W. THOMPSON, JR. If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotesI and 2 • 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. `2 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: JESSE W. THOMPSON If an LLC, list the member's names: Page 2 of 7 -.- 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) `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 4 2 23101 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, Oil 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. Codes 21-3101 • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 4J APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ▪ ® Accounting and/or preparer of your tax return ❑ " Architect/ Landscape Architect/ Land Planner ❑ ® Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed 111 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ▪ ® Construction Contractors Engineers /Surveyors/Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property • • 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 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 . • hearing, I am responsible for updating the information provided h- ein tw. weeks prior to the Planning Commission, Council, VBDA meeting, .r mee in., any public body or committee in connection with this A. .Ilcat'.n. ._ Jesse W. Thompson, Jr. 7/241/(g APPLICANT' SIGNATURE I PRINT NAME DATE Page 5 of 7 OWNER YES] NO SERVICE i PROVIDER (u S1t• • al sheets if needed) ---.� ❑ © Accounting and/or preparer of your tax return ❑ © Architect / Landscape Architect / • Land Planner Contract Purchaser (if other than ❑ the Aoplicant) - identify purchaser and purchaser's service providers I Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ Construction tct— Contractors ' •J ❑ Z Engineers / Surveyors/ Agents Financing (include current ❑ zj mortgage holders and lenders IL selected or being considered to provide financing for acquisition or construction of the property) • El Legal Services Real Estate Brokers / - - ❑ l'l Agents/Realtors for current and IV N anticipated future sales of the sub'ect .ro.erly_.____ • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Primes 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 anion? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 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 provide. ere two weeks prior to the Planning Commission, Council, VBDA meeti-g, or me, 'ng of any public body or committee in connection with this Appr atio . _.. Jesse W. Thompson, Jr. T/24/161 PROPER OWNER'S SI URE PRINT NAME DATE Page 7 of 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the property located at 236 Middle Lane (GPIN 2417-05- 1408)to be in excess of the City's needs and authorizing the City Manager to sell to Chad A. Ewell and Jennifer L. Ewell. MEETING DATE: August 7, 2018 • Background: As part of the APZ-1 Use and Acquisition Plan adopted December 20, 2005, the City of Virginia Beach acquired 236 Middle Lane (the "Property") on June 5, 2015 for $110,000. At the time of acquisition, the Property was improved with a single- family dwelling that has been demolished. The lot is approximately 12,390 sq. ft. The APZ-1 Disposition Committee reviewed the Property and determined that it should be sold to the adjoining property owners. The sale would enhance the neighborhood and reduce density by one dwelling unit. Chad A. Ewell and Jennifer L. Ewell (the "Ewells") own the single-family residence at 244 Middle Lane, adjacent to the Property. The Ewells have requested to purchase the Property in order to utilize it in a manner compatible with the APZ-1 Ordinance. • Considerations: The Ewells have agreed, at the City's cost, to resubdivide the Property with their contiguous lot. The resubdivision will create a new parcel. All interior property lines will be vacated and the sale will bar the addition of any dwelling units in perpetuity. The Ewells have agreed to pay $12,390 which is in compliance with previous excess City properties sold to adjacent property owners in the APZ-1 area. If the City retains the Property, the City must pay to maintain the Property, an estimated annual cost of$630. • Public Information: Advertisement for public hearing as required by Section 15.2-1813 Code of Virginia and advertisement of City Council Agenda. • Alternatives: Retain ownership of the Property. • Recommendations: Approve the Ordinance. • Revenue restrictions: The City funded the acquisition of the Property through a partnership with the Commonwealth of Virginia. The proceeds from the sale of the Property in the amount of$12,390 shall be received and fifty percent (50%) of the amount will be deposited for appropriation in future Capital Improvement Program capital budgets in Capital Improvement Project#9-059, Oceana and Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%)will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. • Attachments: Ordinance, Summary of Terms, Location Map, and Disclosure Statement Recommended Action: Approval of the Ordinance Submitting De. . ency: Public Work 4 City Manager: le 1 2 AN ORDINANCE DECLARING THE PROPERTY 3 LOCATED AT 236 MIDDLE LANE (GPIN 2417-05- 4 1408) TO BE IN EXCESS OF THE CITY'S NEEDS 5 AND AUTHORIZING THE CITY MANAGER TO SELL 6 TO CHAD A. EWELL AND JENNIFER L. EWELL 7 a WHEREAS, the City of Virginia Beach (the "City") is the owner of that 9 certain 12,390 +1- sq. ft. parcel of land located at 236 Middle Lane (the "Property") 10 more particularly described on Exhibit "A" attached hereto and made a part hereof; 11 12 WHEREAS, the City acquired the Property pursuant to the APZ-1 13 Acquisition Program; 14 15 WHEREAS, the City funded the acquisition of the Property through a 16 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 17 contributing fifty percent (50%)of the funds; 18 19 WHEREAS, the Property is in the midst of other residences and at the 20 time of acquisition was improved with a single-family dwelling unit that has since been 21 demolished; 22 23 WHEREAS, Chad A. Ewell and Jennifer L. Ewell (the "Ewells") own the 24 adjacent property at 244 Middle Lane and have requested to purchase the Property in 25 order to utilize it in a manner compatible with the Ordinance; 26 27 WHEREAS, the Ewells desire to purchase the Property in accordance with 28 the Summary of Terms attached hereto as Exhibit "B" and made a part hereof (the 29 "Summary of Terms"); 30 31 WHEREAS, the APZ-1 Disposition Committee has recommended that 32 City Council declare the Property to be in excess of the City's needs and sell the 33 Property to the Ewells; and 34 35 WHEREAS, the City Council is of the opinion that the Property is in 36 excess of the needs of the City of Virginia Beach. 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 39 OF VIRGINIA BEACH, VIRGINIA: 40 41 That the Property located at 236 Middle Lane is hereby declared to be in 42 excess of the needs of the City of Virginia Beach and that the City Manager is hereby 43 authorized to execute any documents necessary to convey the Property to Chad A. 44 Ewell and Jennifer L. Ewell in accordance with the Summary of Terms and such other 45 terms, conditions or modifications as may be acceptable to the City Manager and in a 46 form deemed satisfactory by the City Attorney. 47 48 Further, that revenue from the sale of the Property in the amount of 49 $12,390 shall be received and fifty percent (50%) of the amount will be deposited for so appropriation in future Capital Improvement Program capital budgets in Capital 51 Improvement Project #9-059, Oceana and Interfacility Traffic Area Conformity and 52 Acquisition II, and fifty percent (50%) will be deposited for future payment by the City 53 Manager to refund the Commonwealth's portion in accordance with the grant 54 agreement. 55 56 This Ordinance shall be effective from the date of its adoption. 57 58 Adopted by the Council of the City of Virginia Beach, Virginia, on the 59 day of , 2018. CA14386 R-1 6/12/18 \\vbgov.com\dfsPapplicalions\cirylaw\cycom32\wpdocs\d005\p028\00478380.doc ( •V I AS T0 TENT APPROVED AS TO CONTENT i/in. r,• ./ ,.� is , v = blic orks =udget& Manage ent Services APPROVED AS TO LEGAL SUFFICIENCY si Ci ore 'sO ISIr EXHIBIT "A" GPIN: 2417-05-1408 (236 Middle Lane) ALL THOSE certain lots, pieces and parcels of land with the buildings and improvements thereon, known as 236 Middle Lane, located in the City of Virginia Beach, Virginia, and known, numbered and designated as Lots Fifteen (15) and Sixteen (16) of the Plat of Hillcrest, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 13 at page 8, and being a subdivision of parts of Plots Sixteen (16) and Eighteen (18) of the original plat of Oceana Gardens, the said lots Fifteen (15) and Sixteen (16) front fifty (50) feet each on the East side of Middle Lane and run back between parallel lines one hundred twenty-five and ninety-one hundredths (125.90)feet. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the City or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from Daniel K. Bolinaga, by deed dated May 14, 2015, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20150605000517930. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY LOCATED AT 236 MIDDLE LANE Seller: City of Virginia Beach Buyers: Chad A. Ewell and Jennifer L. Ewell Property: 236 Middle Lane (GPIN: 2417-05-1408), consisting of approximately 12,390 square feet Legal Description: See Exhibit "K to Ordinance Sale Price: $12,390 CONDITIONS OF SALE: • Property is purchased "As is, Where is." • Buyers have been advised of APZ-1 restrictions for use. • Buyers may use the Property for accessory structures, or Buyers may otherwise utilize the Property for construction in conjunction with their adjacent property upon resubdivision to remove interior lot lines; however, Buyers may not add any new dwelling units. • Seller shall resubdivide the Property with the Buyers' adjacent property at the Seller's expense to vacate interior lot lines. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. • Closing shall be on or before December 31, 2019. J o r "l cz —1o rz J ; I r O w >. J 0 N1:.11O S BART OW PL 'Q7 m W �. (-) LL. aai a (1 - ZZ0 � o o Q } Z W r; Z � � Wc o r paZ0 � g a J -1 .1I r N �.. . 0 CC U a J5 s ZJ 1`oo00 a 0 } WcoZ u aww .T o J � � Ma JWaC. ( ~ � UWN � O g L j LA J W W 0 co Q o W w J h. a _ (1) o WQ � Office W O o x < tr0N CL NV UQ 9E2 a a X S i i �, aZ Z } Zoo w 0 1 = wva ~ acs' - O O -� cv0�-OOO F- 1— a L- Nl3=1adIW z Q r Q a z Y 7 7 Z Ur (n CC) 1._ o Y e D x Q Z w — o Or, N 161- Z i f� i 1' W E7 i�� ;< m r Q' co _-is 10 1 '- d co [ 0CtiI r, pp N.,, 61RDNECKRDS l • •a 75 ,rii Oblg •. cz � O i o , I f ?' 2 AI o g c �EANAg�VO - �— , — v �. 0 O v 0 a� o N a , L N IL z -^��_ _ - d o o !Z 0 d °c jCD�pN.,R q,> _ w to L .O Etas .! 1I c O N N 1_ r, Z d a) NN 2 r J Z• .= a a � ' ,r.a "' x g. w s : ,* s. a:.a «3 t2 s y. s ss=. APPLICANT'S NAME.. C% Ai12 .3"C"irri4ra G'aEii . 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 Coundl. 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. • e SECTION 1 / APPLICANT DISCLOSURE F FOR CITY USE ONLY%All disclosures must be updated two(2)weeks prior to any Page 1 of 5 Plannin Commission and Cit Council meetir, that erralns to the ai Iicadon(sv. ❑ APPLICANT NOTIFIED OF HEARING GATE: ❑ NO CHANGES AS OF DATE: n REVISIONS SUBMITTED DATE ! ;- C t:a ,j �.e^a. 4 'fir <' " t4" '.2. " 2 j Check here if the APPUCANT /5 NOT a corporation, partnership, firm business, or other unincorporated organization. 0 Check here if the APPUCANT /S a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:___ If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) Ust the businesses that have a parent-subsidiary r or affiliated business entity 2 relationship with the Applicant: (Attach list If necessary) See next page for information pertaining to footnotesr and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Analicant. al Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization,AND THEN complete the following. (A) Ust the Property Owner's name: __ If an LLC, list the member's names:_ Page 2 of 5 If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 'Parent-subsidlary relationship means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation' See State and Local Government Conflict of Interests Act,Va Code§2.2-3101. 2 'Affiliated business entity relationship' means 'a relationship, other than parent-subsidiary relationship, that exists when (I)one business entity has a controlling ownership Interest in the other business entity, (II)a controlling owner In one entity Is also a controlling owner In the other entity,or (iii) there Is shared management or control between the business entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there Is otherwise a close working relationship between the entities.' See State and Local Government Conflict of interests Act, Va.Code§ 2.2-3101. • 4 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the Application.or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or Individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 YES NO SERVICE PROVIDER(Jse aannaSal sheets If needed) ❑ 17 Accounting and/or preparer of your tax return ❑ Architect/Landscape Architect/ Land Planner Contract Purchaser(If other than ❑ the Applicant)-Identify purchaser and purchaser's service providers 0 Any other pending or proposed purchaser of the subject property (Identify purchaser(s)and / purchaser's service providers) El LU/ Construction Contractors ❑ ri Engineers/Surveyors/Agents Ely/ Financing(Include current I UO►"E'ea fe GUS ❑ mortgage holders and lenders f7 ua proviselectde beingforedio WG4S Fargo 6j k. provide financing for acquisition or construction of the property) 0 Legal Services v Real Estate Brokers / ❑ Agents/Realtors for current and anticipated future sales of the subject property • e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO es 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 5 §" -":7; y ixy t Tis ya aE `.�` .a x �.; �, r iyi ir 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. LQ 9A.r.Pa cMA4 Ewalt Ztwlfs c..ua-'- 51a I S APPIIcANrs SIGNA E PRIM NAME DATE (I)1 CVA A;IA9:1✓r.CP CHADEweLI 3u«- EWru- S!Z'IS PROPERTY oa'NER'kSI NAIWt PRINT NAME I DAVE Page 5 of 5 [ 16\ CITY OF VIRGINIA BEACH AGENDA ITEM Item: An Ordinance Approving the Sale of School Board Property for the City's Princess Anne Road Phase VII Project and Allowing the School Board to Retain the Sale Proceeds Meeting Date: August 7, 2018 ■ Background: The City of Virginia Beach (the "City") has proposed to purchase from the School Board of the City of Virginia Beach (the "School Board") certain real property comprised of a 6,225 sq. ft. portion of GPIN 2414-13-3361 for right-of-way purposes, a 1,276 sq. ft. temporary construction easement and a 1,687 sq. ft. permanent utility easement. The Property shall be used for the City's Princess Anne Road Phase VII Project. The City and the School Board have reached an agreement concerning sale of the Property and the terms and conditions for the use of the Property. • Considerations: Virginia Code §22.1-129 provides that whenever a school board determines it has no use for some of Its real property, the school board may sell such property and may retain all or a portion of the proceeds of such sale upon approval of the local governing body, after the school board has held a public hearing on such sale and retention of proceeds. On June 26, 2018, the School Board adopted a Resolution affirming that it had no use for the Property and agreeing to sell it to the City for the appraised value of$33,153.00. • Public Information: The School Board held a public hearing on June 26, 2018 to take public comment on the proposed sale of the Property to the City and retention of the proceeds therefrom. The actions to be taken by City Council will be handled through the normal agenda process. • Attachments: Ordinance, Location Map, School Board Resolution Recommended Action: Adoption of Ordinance Submitting De;.. eency: Public Works/ Real Estate cit City Manager: 'D 1 AN ORDINANCE APPROVING THE SALE OF 2 SCHOOL BOARD PROPERTY FOR THE 3 CITY'S PRINCESS ANNE ROAD PHASE VII 4 PROJECT AND ALLOWING THE SCHOOL 5 BOARD TO RETAIN THE SALE PROCEEDS 6 7 8 WHEREAS, the City of Virginia Beach (the "City') has proposed to purchase from 9 the School Board of the City of Virginia Beach (the "School Board") certain real property 10 comprised of a 6,225 sq. ft. portion of GPIN 2414-13-3361 for right-of-way purposes, a 11 1,276 sq. ft. temporary construction easement and a 1,687 sq. ft permanent utility 12 easement(the"Property"). The Property shall be used for the City's Princess Anne Road 13 Phase VII Project; 14 15 WHEREAS, Virginia Code§22.1-129 allows a school board to sell real property for 16 which the school board has no future use and to retain the proceeds of such sale upon 17 approval of the local governing body, after the school board has held a public hearing on 18 such sale and retention of proceeds; 19 20 WHEREAS,the School Board held a public hearing on June 26,2018 to take public 21 comment on the proposed sale of the Property to the City and retention of the proceeds 22 therefrom; and 23 24 WHEREAS, the School Board adopted a Resolution on June 26, 2018 finding no 25 further use for the Property,determining that the Property may be sold,agreeing to sell the 26 Property to the City, and intending to retain the proceeds of the sale. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 1. That the sale of the Properly as shown on Exhibit A, attached hereto and 32 made a part hereof, from the School Board to the City is hereby approved; and 33 34 2. That the School Board may retain all of the proceeds of the sale, in 35 accordance with the provisions of Virginia Code §22.1-129. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia on the day 38 of , 2018. AP' -OVEDASTOC• "TENT: APPROVED AS TO LEGAL / SUFFICIENCY: X414 . "lic m"rks Real state City Attorney CA14397 R-1 July 20, 2018 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d029\p027\00485328.doc z-mg• 0 i •:-°- 0 LL `o g I 1 (.3 Pa‘NG-ss°.41.1-V6) 0: 0 m c N # N c p.O'g f, 2 Q 0 l i F O m0 � 6 1:' - t0 - ire Q01 f'/,/. Y . . . . . a)0, .. . eie...., . , „,, .g E0_4, f-.. ..:1_ . . .: p m�oom ` I, ma= a N C U N r 3 N 9al m t -HiLl \: v �r —ew — N LL c x CO2 LU m cII• mQ II a ^w Q a dHQ _, i Z •p• W4 a • � E"g.• co 75, t LL �/ '�,'�: -` tom• •`,k. . ? N o W i , A p aE /via. / :6; o oI i f U d 4. /1-. ,...411!: ,. ; U U sz m 03 c D I \ �4 U o r 1---('', ... M(..)j v � r� p U CE In U •� W m Cl) a�pd o cep 0Wrzi3 s gG� el 44,4 Eft/ 442 -kto co ”m LSM W � v 8Q i. WN v nm gtnN R Lei W N c 4 - = Z c rn _,co 1.,_� NU' W I D .ISP vj �e - `i' E zz N • 1 •* SitVi • � ,. VIRGINIA BEACH CITY PUBLIC SCHOOLS • CHARTING THE COURSE School Board Services Beverly M. Anderson, Chair Joel A. McDonald, Vice Chair At-Large District 3 — Rose Hall Daniel D. Edwards Sharon R. Felton Dorothy M. Holtz District 2 — Kempsville District 6— Beach At-Large I Victoria C. Manning Ashley K. McLeod Kimberly A. Melnyk At-Large At-Large District 7 - Princess Anne Trenace B. Riggs Carolyn T. Rye Carolyn D. Weems District 1 —Centerville District 5 - Lynnhaven District 4 - Bayside Aaron C. Spence, Ed.D., Superintendent -- — RESOLUTION REGARDING THE SALE OF SCHOOL BOARD PROPERTY FOR THE CITY'S PRINCESS ANNE ROAD PHASE VII PROJECT WHEREAS,the City of Virginia Beach(`City')has identified the need to purchase certain School Board property located on the Three Oaks Elementary School site and identified as a portion of parcel GPIN 2414-13-3361 ('School Board Property'). for the City's Princess Anne Road Phase VII Project CIP 2-195(the"Project')_ WHEREAS,the Project will provide a four-lane divided roadway within a 143-foot right-of-way with a bike path,from General Booth Boulevard to Fisher Arch a distance of approximately 1.25 miles: WHEREAS,the City has proposed purchasing the School Board Property in order to complete the Project which will further include improvements at the intersections of General Booth Boulevard,Elson Green Avenue.and Upton Drive/Sandbridge Road. as well as aesthetic upgrades; WHEREAS the City's acquisition of the School Board property will enable the City to enhance this roadway corridor,increase property values.and provide an overall benefit to the citizens of Virginia Beach; WHEREAS, Virginia Code§22.1-129 allows the School Board to sell real property that it determines it has no future use for and the School Board has held a public hearing on June 26. 2018 to take public comment on the proposed sale of property to the City and retention of the proceeds therefrom and WHEREAS due to the de minimus impact the conveyance of the School Board property will have on the Three Oaks Elementary School site,and the expected benefits that will be derived from this Project for the citizens of Virginia Beach,the School Board is of the opinion that sale of the School Board property would be a benefit to all parties NOW THEREFORE BE IT RESOLVED that: 1 In accordance with Virginia Code§22.1-129,the School Board finds that.due to the strategic location of the parcel identified as GPIN 2414.13-3361,and the fact that the benefits of this conveyance are greater than the detriment to the remainder of the School Board property.the School Board finds that it does not have further use for such real property and determines that it may be sold 2. The School Board agrees to accept the total appraised value of$33.153 00 as payment in full for conveyance of the following to the City a)a 6,225 sq.ft (0.1429 acre)portion of GPIN 2414-13-3361. located at 2201 Elson Green Avenue: b)a temporary construction easement of 1.276 sq.ft (0-0293 acre),and c)a permanent utility easement of 1,687 sq ft.(0.0387 acre). The permanent utility easement is intended for use by Verizon South, Inc, Dominion Energy. Cox Communications and Virginia Natural Gas. 3 Additionally,the School Board authorizes the Chair or her designee to execute any and all documents desired and necessary to complete the above-referenced transaction and to take all actions necessary to have these funds retained by the School Board Adopted by the School Board of the City of Virginia Beach this 26`^day of June 2018 \AAA4141/ /11.(ined/64‘2;0 Beverly M. Anderson, School Board Chair ATTEST: /� ati! ,$4,,,%4 f I L OL L Dianne P. Alexander Clerk of the Board 2512 George Mason Drive I PO Box 6038 I Virginia Beach Virginia 23456 0038 www.vb chool-com (3), CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: 1. An Ordinance to Create Stormwater CIP Project 7-059 Lynnhaven River Basin Ecosystem Restoration Project and to Transfer $3,000,000 from CIP 7- 043 Water Quality and Restoration Participation Projects II and CIP 7-054 Lynnhaven River Watershed II into CIP 7-059 2. An Ordinance to Authorize the City Manager to Execute a Project Partnership Agreement for the Lynnhaven River Basin Ecosystem Restoration Project with the Army Corps of Engineers MEETING DATE: August 7, 2018 • Background: The Lynnhaven River Basin Ecosystem Restoration (LRBER) Project is intended to restore approximately 38 acres of wetlands, 94 acres of submerged aquatic vegetation (SAV), and 31 acres of reef habitat within the Lynnhaven River to be constructed in several phases over the coming years. In September of 2015, the City entered into a participation agreement with the U.S. Army Corps of Engineers (USACE) for the design services of this project. Due to a recent congressional approval of$10 million, USACE is requesting the City enter into a Project Partnership Agreement (PPA) for the full project construction. This participation agreement is a cost share that consists of 65% of Federal funds and 35%of City funds. The full project construction cost is estimated at $37.7 million, and the PPA would make the City responsible for the local contribution, which will ultimately total $13.2 million. There is an ordinance that is part of this agenda item to transfer the funds required to match the current federal appropriation. The future City cost share will be identified in the proposed FY 2020 budget process in the six-year Capital Improvement Plan. With the current federal funding of $10 million, the LRBER can begin construction of Phase 1 of the project, which includes the restoration of approximately 9 acres of wetlands, 7 acres of SAV, and 8 acres of reef habitat. The Phase I Project is currently in the preliminary engineering phase, and USACE is working towards advancing the bid documents. • Considerations: There are two ordinances for this agenda request. The first ordinance establishes a new capital improvement project, CIP 7-059 "Lynnhaven River Basin Ecosystem Restoration Project," and transfers $3 million to this new project. The second ordinance authorizes the City Manager to execute the PPA, which will utilize the funds transferred to the new CIP. The attachment to the ordinance authorizing the PPA includes an exhibit that provides a summary of the material terms of the PPA. The City's obligations are primarily financial, but it is necessary to highlight two additional obligations. First, the PPA requires the City to undertake acquisition for any required real property interests. Second, the PPA requires the City hold and save harmless the Federal Government free from damages arising from the agreement and the construction resulting therefrom. Generally, such a promise is an unauthorized wavier of sovereign immunity, but the General Assembly has authorized localities to make such a promise in a cooperative agreement with the USACE such as the PPA. The promise to save and hold harmless the Federal Government exposes the City to various litigation risks, which could include the obligation for the City to pay damages in addition to the City's cost share. • Public Information: Normal Council Agenda process. • Recommendations: Approve the attached ordinances. • Attachments: Ordinances (2); Exhibit A: Summary of Terms of the PPA Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: kg__________ 1 AN ORDINANCE TO CREATE STORMWATER CIP 2 PROJECT 7-059 LYNNHAVEN RIVER BASIN ECOSYSTEM 3 RESTORATION PROJECT AND TO TRANSFER$3 MILLION 4 FROM CIP 7-043 WATER QUALITY AND RESTORATION 5 PARTICIPATION PROJECTS II AND CIP 7-054 LYNNHAVEN 6 RIVER WATERSHED II INTO THE NEWLY ESTABLISHED 7 PROJECT 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA, THAT: 11 12 1. Stormwater CIP 7-059 Lynnhaven River Basin Ecosystem Restoration Project is 13 hereby created in the FY 2018-19 CIP. 14 15 2. $3,000,000 is hereby transferred to CIP 7-059 with equal$1,500,000 amounts from 16 Stormwater CIP 7-043 Water Quality and Restoration Participation Projects II and 17 CIP 7-054 Lynnhaven River Watershed II. 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: mt tl Oraw J gudg„,„\ et and Management Services orne 's Office CA14498 R-1 July 31, 2018 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE A PROJECT 3 PARTNERSHIP AGREEMENT FOR THE 4 LYNNHAVEN RIVER BASIN ECOSYSTEM 5 RESTORATION PROJECT WITH THE ARMY 6 CORPS OF ENGINEERS 7 8 WHEREAS, the Water Resources Development Act of 1986 provides federal 9 funding and oversight of restoration projects by the U.S. Army Corps of Engineers 10 (USAGE); 11 12 WHEREAS, the USAGE received funding ($10 million) for the initial phase(s) of 13 the Lynnhaven River Basin Ecosystem Restoration Project (the "Project"); and 14 15 WHEREAS, the City's portion of the cost share for the Project is based on a cost 16 share that provides 65% Federal funding and 35% City funding; 17 18 WHEREAS, the City Council finds it serves the public interest to partner with the 19 USACE; 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA, THAT: 23 24 The City Manager, or his designee, is hereby authorized and directed to execute 25 a Project Partnership Agreement with the Department of the Army for the Lynnhaven 26 River Basin Ecosystem Restoration Project, a summary of terms of the PPA is attached 27 hereto as Exhibit A, and the City Manager and City Attorney, or designee, are hereby 28 authorized to execute the required certificates regarding authority and lobbying. 29 30 BE IT FURTHER ORDAINED, THAT: 31 32 In accordance with the requirements of § 62.1-148 of the Code of Virginia, the 33 City Clerk shall cause a copy of this ordinance and the resulting agreement to be sent to 34 the Commissioner of Water Resources for the information of the Governor. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2018. APPROVED AS TO CONTENT: APP: : ' AS TO LEGAL SUFFICIENCY: Public Works • - o ey's Office CA14496 R-1 July 27, 2018 EXHIBIT A Summary of Material Terms Project Partnership Agreement Lynnhaven River Basin Ecosystem Restoration Project Parties: Department of the Army (the "Government") City of Virginia Beach (the "City") Purpose: Restoration of approximately 38 acres of wetlands, 94 acres of submerged aquatic vegetation, and 31 acres of reef habitat within the Lynnhaven River Basin Ecosystem (the"Project"). City's Obligation: I. To pay the local (35%) cost share. 2. To acquire interests in real property necessary for the Project. Government's Obligation: 1. To manage the Project, including the oversight of the construction process. 2. To provide the federal (65%) cost share. 3. To provide regular reports to the City of the work. 4. Upon conclusion of the work and resolution of all relevant claims and appeals, the Government shall conduct a final accounting of the costs of such work and furnish the City with written notice of the results of such final accounting. If the costs of the work are less than the sum of the Federal funds and the amount of funds provided by the City, the Government shall refund the excess to the City within thirty(30)calendar days of such written notice. Project Coordination: Representatives of the Army's District Engineer and the City will coordinate to oversee the Project. Indemnification: As required in previous coordination agreements,the City will agree to hold the Government harmless from all damages arising from the Project except for damages due to the fault or negligence of the Government or its contractors. ea)+A CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize a Grant of $25,000 to the Navy League of the United States, Hampton Roads Council,for the Oceana 75th Anniversary Celebration and to Retract a Prior Grant Authorization to We Feed MEETING DATE: August 7, 2018 • Background: The Navy League of the United States, Hampton Roads Council, (the "Navy League") is a nonprofit 501(c) (3) educational and advocacy organization that supports America's sea services — the Navy, Marine Corps, Coast Guard and U.S -flag Merchant Marine. In August 2018, this organization will be hosting the 75th anniversary celebration of Naval Air Station Oceana. NAS Oceana, including the Dam Neck Annex, has about 14,600 active Navy and 2,000 civilian personnel, is the second largest employer in Virginia Beach and contributes more than a $1 billion in payroll and more than $400 million in goods and services to the local economy each year. Two events will commemorate the anniversary, both of which will be held at the Virginia Beach Convention Center. The first event will be open to the public and is a daylong symposium on Naval Aviation that highlights the importance of NAS Oceana. The second event is a formal gala where the Navy League will preview their documentary on the history of NAS Oceana and honor those who have served at the base. Included in the FY 2018-19 Operating Budget was $25,000 to support the Navy League in hosting these two events.An additional request of$25,000 has been made by the organization, bringing their total request to $50,000. Funding for this request will come from existing appropriations within the FY 2018-19 Non-Departmental budget unit.There is currently$25,000 budgeted for a grant to the We Feed initiative, which is overseen by the Hampton Roads Innovation Collaborative (HRIC). After discussions with the HRIC, it has been determined that HRIC will not be provided the grant, so the grant funding can be redirected to support the Navy League. • Considerations: The total request is$25,000. Funding would come from the Non- Departmental budget unit's existing budget for the We Feed organization. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Disclosure Form Requested by Councilmembers Davenport and Kane REQUESTED BY COUNCILMEMBER DAVENPORT AND KANE 1 AN ORDINANCE TO AUTHORIZE A GRANT OF $25,000 TO 2 THE NAVY LEAGUE OF THE UNITED STATES, HAMPTON 3 ROADS COUNCIL, FOR THE OCEANA 75TH 4 ANNIVERSARY CELEBRATION AND TO RETRACT A 5 PRIOR GRANT AUTHORIZATION TO WE FEED 6 7 WHEREAS, the Navy League of the United States, Hampton Roads Council, has 8 requested a contribution from the City of Virginia Beach for the Oceana 75th Anniversary 9 Celebration; and 10 11 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA, THAT: 13 14 1. A grant of $25,000 to the Navy League of the United States, Hampton Roads 15 Council, is hereby authorized in the FY 2018-19 Non-Departmental Operating 16 Budget to provide financial support to the Navy League for the 75th anniversary 17 celebration of Naval Air Station Oceana. 18 19 2. The authorization for a grant of $25,000 to We Feed in the FY 2018-19 Non- 20 Departmental Operating Budget is hereby retracted. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. APPROVED AS TO LEGAL SUFFICIENCY: y A .rn- ' sOffice CA14497 R-1 July 30, 2018 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. SECTION 1 / APPLICANT DISCLOSURE Organization name:Navy League of the U.S., Hampton Roads SECTION 2. SERVICES DISCLOSURE 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 mats if needed) D J Accounting and/or preparer of your tax return Financial Services (Include ❑ Er lending/banking Institutions and current mortgage holders as / applicable) El CJ Legal Services ❑ ,� Broker/Contractor/Engineer/Other Service Providers 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. tic SIG,� .e kmzyethJ, a...°,KJ 7-3a v APPLICAN, NATU PRINT NAME DATE CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $1,000,000 from CIP 7-151 Eastern Shore Drive Drainage Phase Ito CIP 7-047 Ashville Park Drainage Improvements Phase I MEETING DATE: August 7, 2018 • Background: The City of Virginia Beach and developer HOFD Ashville Park, LLC, have agreed to a cost participation agreement to improve the stormwater management system in the Ashville Park Neighborhood. CIP 7-047 Ashville Park Drainage Improvements Phase I requires additional funding in FY 2018-19 in order to execute the cost participation agreement (the "CPA") authorized by the City Council in July. Funding for the CPA exists within the programmed six-year FY 2018-19 Stormwater Capital Improvement Plan but is located in Year 2 (FY 2019-20) of the Project. In order to encumber the total project cost of$11,122,796 specified in the CPA with HOFD Ashville Park, LLC, it is requested that $1,000,000 be transferred from CIP 7-151 Eastern Shore Drive Drainage Phase I to CIP 7-047 Ashville Park Drainage Improvements Phase I in FY 2018-19. To replace the funding being transferred from CIP 7-151 Eastern Shore Drive Drainage Phase I, the City Staff intends that the $1,000,000 will be moved from CIP 7-047 Ashville Park Drainage Improvements Phase I into CIP 7-151 Eastern Shore Drive Drainage Phase I as a part of the FY 2019-20 CIP. This funding change is not anticipated to impact the progress of CIP 7-151 Eastern Shore Drive Drainage Phase I. • Considerations: Additional funding is required to execute the cost participation agreement with HOFD Ashville Park, LLC and begin construction on the stormwater system improvements. • Public Information: Normal City Council agenda process. This funding request was included in the public briefings, both Informal and Formal Sessions, of the Council's July 3, 2018 Meeting. • Attachment: Ordinance Recommended Action: Approval Submitting De. . . .. : t/Agency: Public Works h,/ City Manager WW 1 AN ORDINANCE TO TRANSFER $1,000,000 FROM CIP 7- 2 151 EASTERN SHORE DRIVE DRAINAGE PHASE I TO CIP 3 7-047 ASHVILLE PARK DRAINAGE IMPROVEMENTS 4 PHASE I 5 6 WHEREAS, it is intended that the $1,000,000 transferred herein from CIP 7-151 7 Eastern Shore Drive Drainage Phase I will be restored in the FY 2019-20 Capital 8 Improvement Program. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 That $1,000,000 is hereby transferred from CIP 7-151 Eastern Shore Drive 14 Drainage Phase Ito CIP 7-047 Ashville Park Drainage Improvements Phase I. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget an Managemen ervices rrlr y's Office CA14491 R-1 July 25, 2018 % y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept In-Kind Donations to the Department of Public Libraries from the Friends of the Library and the Virginia Beach Library Foundation MEETING DATE: August 7, 2018 • Background: For over 35 years, two nonprofit organizations have worked to support the Virginia Beach Public Libraries. The Friends of the Library was established to raise money, primarily through the sale of books, to support library programs such as summer reading, teen services, early childhood literacy, and services for the visually impaired. The Virginia Beach Library Foundation was formed to secure, manage, and invest privately raised funds in support of the Department's programs, services and facilities. Pursuant to an ordinance adopted by the City Council in 2010, donations are handled in the following manner: in-kind donations under $5,000 may be accepted by Department directors, donations between $5,000 and $25,000 must be accepted by the City Manager, and all in-kind donations in excess of $25,000 require Council action prior to approval. Each fiscal year, donations received between $5,000 and $25,000 are to be reported to City Council. Upon review of this list for FY 2017-18, it was determined that previous donations were received from the Virginia Beach Library Foundation, Friends of the Library, and local businesses without taking these steps. The following summary tables serves multiple purposes. The first table reflects donations received under$5,000 that require no action. The second table shows donations between $5,000 and $25,000, of which the City Manager is now aware, and is included for the purpose of reporting them to City Council. The final table reflects donations over$25,000 that require City Council's approval. Below$5,000 Donor Purpose Amount Friends of VBPL Irwin Berger Scholarship $500.00 Friends of VBPL Bayside Special Services, Seeing Beyond $150.00 Friends of VBPL Bayside 50th Anniversary $150.00 Friends of VBPL Strawberry Festival Support $731.51 Friends of VBPL Board Books for Infants/Parents $997.41 Friends of VBPL Director's Discretionary Funds $864.57 Friends of VBPL Volunteer Recognition $275.00 Friends of VBPL Service Awards Recognition $1,584.42 Friends of VBPL Youth Program Support $2,000.00 Friends of VBPL Teen Program Support $615.00 Friends of VBPL Adult Program Support $2,771.80 Between $5,000 and$25,000 Donor Purpose Amount Friends of VBPL Professional Development $5,594.62 Friends of VBPL Early Literacy Centers—Great Neck, Windsor $18,308.00 Woods, and Pungo Blackwater Foundation Early Elementary Education Coding Program $22,977.28 Jungle Golf 500 Passes $6,000.00 Over$25,000 Donor Purpose Amount Friends of VBPL Summer Reading Challenge $53,040.11 Foundation Summer Reading Challenge $39,732.80 • Considerations: The Department used these donations in support of their FY 2017-18 programs. City Council must accept the in-kind donations valued above$25,000. In-kind donations between $5,000 and $25,000 must be approved by the City Manager and reported to City Council. ■ Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval `� Submitting De•artment/Agency: Department of Public Libraries City Manage lik`i. 1 AN ORDINANCE TO ACCEPT IN-KIND DONATIONS TO 2 THE DEPARTMENT OF PUBLIC LIBRARIES FROM THE 3 FRIENDS OF THE LIBRARY AND THE VIRGINIA BEACH 4 LIBRARY FOUNDATION 5 6 WHEREAS, two nonprofit organizations have made in-kind donations to support 7 Virginia Beach Public Libraries; 8 9 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 That $53,040.11 in in-kind gifts from the Friends of the Virginia Beach Public 13 Libraries and$39,732.80 from the Virginia Beach Library Foundation are hereby accepted 14 by City Council to support the Summer Reading Challenge. 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: illy udget and Manage ent Services City Attorn y' Office CA14492 R-1 July 25, 2018 ;out' , I.f°r' r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM:An Ordinance to Accept and Appropriate Donations from the Friends of the Virginia Beach Public Libraries to the FY 2017-18 Operating Budget of the Library Department MEETING DATE: August 7, 2018 • Background: The Friends of the Library was established in 1976 to raise money, primarily through the sale of books, to support library programs such as summer reading, teen services, early childhood literacy, and services for the visually impaired. According to the agreement between the City and the Friends of the Virginia Beach Public Libraries, the Friends make yearly determinations as to how their resources may best support the Department's strategic initiatives. Support has been provided through in-kind donations and through monetary contributions. Upon a year-end review, it has been determined that the method used to deliver some of the Friends of the Library services required an appropriation of funds. In FY 2017-18, a total of $49,961.22 in donations from the Friends should have been appropriated prior to the purchase of goods. These goods/services were purchased by City employees on behalf of the Friends of the Libraries and not through normal City purchasing processes. Below is a table summarizing the $49,961.22 in FY 2017-18 purchases requiring an appropriation by City Council. Friends of VBPL Donations: Bayside Special Services- Seeing Beyond $434.28 Bayside 501h Anniversary $465.24 Strawberry Festival Support $149.66 Battle of the Books $1,118.52 Director's Discretionary Funds $810.68 Volunteer Recognition $1,725.00 Service Awards Recognition $519.14 Professional Development $882.41 Youth Program Support $5,598.22 Teen Program Support $9,547.22 Adult Program Support $8,145.48 Early Literacy Center Computer Upgrades $15,064.06 Summer Reading Challenge $5,501.31 Total $49,961.22 • Considerations: The Department has already purchased these items and needs to retroactively appropriate $49,961.22 in revenue and expenditures to the FY 2017-18 operating budget. If approved, the adjustment will occur prior to the FY 2017-18 final financial closeout. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting De! .rt -nt/Agency: Department of Public Libraries.44l City Manager 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 DONATIONS FROM THE FRIENDS OF THE VIRGINIA 3 BEACH PUBLIC LIBRARIES TO THE FY 2017-18 4 OPERATING BUDGET OF THE LIBRARY DEPARTMENT 5 6 WHEREAS, the Virginia Beach Public Library Foundation has made monetary 7 donations to support Virginia Beach Public Libraries; 8 9 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA, THAT: 11 12 1. $49,961.22 is hereby appropriated to the FY 2017-18 Operating Budget of the 13 Department of Libraries with donation revenue increased accordingly. 14 15 2. The effective date of this ordinance is June 30, 2018. Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: K- "taintJ El trearaVA udget and Management Services _-City& •Irn-y's Office CA14493 R-1 July 25, 2018 t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds for Law Enforcement Purposes MEETING DATE: August 7, 2018 • Background: The Edward Byrne Justice Assistance Grant (Byrne JAG) Local Solicitation is a grant from the United States Department of Justice (DOJ) that is used to assist law enforcement and criminal justice programs. The Byrne JAG supports a broad range of activities to prevent and control crime based on local needs and conditions. The policy of the City of Virginia Beach is for a Community Criminal Justice Board, comprised of City representatives from the Police Department, the Sheriffs Office, the courts, and Community Corrections and Pre-Trial Services, to agree upon the best use of these funds prior to the City's application to the DOJ. The original application for this funding was submitted in September 2017. The award was held up until June 2018 due to a nationwide injunction issued by a Federal District Court. This injunction has since been temporarily stayed for most of the country, so the DOJ is prepared to disperse funds to localities. • Considerations: The total award for this grant is $88,131. The Virginia Beach Community Criminal Justice Board recommended that the funds be used as follows: • $35,000 to the Sheriffs Office to purchase equipment and supplies necessary for the preparation of the outdoor courtyard for use in case of a mass arrest situation. Funds will be used for tents, cuffing stations, and restraint equipment; • $41,131 to the Police Department to purchase FARO laser scanner for the Fatal Crash Team; and • $12,000 to the Community Corrections and Pre-Trial Services Division to purchase additional hair follicle and urine drug screen tests to be used in court- ordered testing. Subsequent to the application, due to the uncertainty and delay associated with the injunction, the Police Department opted to purchase the FARO laser scanner using other resources. DOJ policy states that Council must accept the award as is; once accepted, DOJ is willing to consider and approve potential grant modifications. Should Council accept the grant award, the Police Department will submit a modification request to DOJ. The Police Department has identified the equipment that it will include in this request, using its share of funds as allocated by the Community Criminal Justice Board, in lieu of the FARO scanner. The equipment the Police Department intends to purchase is as follows: a drying cabinet for Forensics to dry and store evidence; four weapon cleaning systems for three precincts and Special Operations; a license plate reader camera for the Sandbridge area; three ballistic shields for Special Operations; and five hand held radars for the precincts. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Depart i tlAgency: Police Department ) C1M f 2&C- City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FOR LAW ENFORCEMENT 3 PURPOSES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1. That $88,131 in federal funds from the United States Department of Justice, 9 through the Edward Byrne Justice Assistance Grant, is hereby accepted and 10 appropriated, with federal revenue increased accordingly, to the following 11 departments, in the following amounts,for the following purposes, in their Fiscal 12 Year 2018-19 Operating Budgets: 13 14 a. $35,000 to the Virginia Beach Sheriffs Office for the purchase of tents, 15 cuffing stations, and restraint equipment; 16 17 b. $41,131 to the Police Department for the purchase of a FARO laser 18 scanner; and 19 20 c. $12,000 to the Community Corrections and Pretrial Division for the 21 purchase of hair follicle and urine drug screen tests. 22 23 2. That upon the receipt of the grant the Police Department is authorized to use 24 the $41,131 appropriated, subject to the approval of the United States 25 Department of Justice, for the purchase of equipment other than the FARO 26 scanner. 27 28 3. The replacement of the above items purchased with these grant funds is 29 conditioned upon the receipt of future grant funds. 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. APPROVEDP ��AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budgetand Mana ement 1�� I /`— � Services k •rney's Office CA14495 R-1 July 25, 2018 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Fund Balance of the Police Federal and State Seized Assets Special Revenue Fund to Purchase Vehicles MEETING DATE: August 7, 2018 • Background: The Investigations Division of the Police Department presently requires six new replacement non-marked vehicles for their investigative personnel. Of these six, two vehicles are scheduled to be replaced in Fiscal Year 2018-19 by Fleet Management Automotive Services as part of the Police Department's allocation from the City's Vehicle Replacement Program. In order to fully outfit the Investigations Division, the Police Department must purchase the other four vehicles. The Police Department requests the use of$80,000 from the fund balance of the Police State and Federal Seized Assets Fund to purchase these four replacement non-marked vehicles for the Investigations Division. • Considerations: There is sufficient fund balance in the Police Federal and State Seized Assets Special Revenue Fund to cover this cost. Purchasing these vehicles meets United States Department of Justice policy for the use of shared seized asset funds. • Public Information: Normal Council Agenda process. • Recommendation: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting D ency: Police Department -deck City Manager: 1 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF 2 THE POLICE FEDERAL AND STATE SEIZED ASSETS 3 SPECIAL REVENUE FUND TO PURCHASE VEHICLES 4 5 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $80,000 is hereby appropriated, with revenues increased accordingly, from 9 the fund balance of the Police Federal and State Seized Assets Special Revenue Fund 10 to the FY 2018-19 Operating Budget of the Police Department for the purchase of 11 replacement vehicles for the Police Investigations Division. 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 AT TO LEGAL SUFFICIENCY: � )m,l ,r - B dget a t Manag-ment Services - •ttorney's Office CA14490 R-1 July 19, 2018 (c( CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $125,000 from the Virginia Tourism Authority to the Economic Development Department and to Authorize a Grant of$125,000 to the Virginia Sports Hall of Fame MEETING DATE: August 7, 2018 • Background: The Virginia Sports Hall of Fame (VSHF) Board of Directors has voted to move its operations from the City of Portsmouth to the City Of Virginia Beach. The offices of the VSHF will locate in approximately 2,000 square feet of space at 249 Central Park Avenue in the Virginia Beach Town Center. The VSHF has modified its mission and will no longer operate as a museum but will reinvent its business model to be more of an interactive and digital experience. The new experiences will include the "Walk the Hall," a free pedestrian tour in Town Center, frequent public programs and a full integration of the VSHF into the fabric of the Central Business District through signage, a mobile application and lobby displays. The Central Business District Association has expressed support for having the VSHF as a part of the Central Business District. • Considerations: This $125,000 grant is the second of a three-year commitment by the state through the Virginia Tourism Authority to the City of Virginia Beach for the Virginia Sports Hall of Fame. This grant will assist the VSHF in relocating their operations from Portsmouth to Virginia Beach. The funding for this project will be appropriated to the Economic Development Department and then issued as a grant to the VSHF. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Disclosure Statement Recommended Action: Approval Submitting Dep ment/Agency: Economic Development 6 City Manager: 1 AN ORDINANCE TO APPROPRIATE $125,000 FROM 2 THE VIRGINIA TOURISM AUTHORITY TO THE 3 ECONOMIC DEVELOPMENT DEPARTMENT AND TO 4 AUTHORIZE A GRANT OF $125,000 TO THE VIRGINIA 5 SPORTS HALL OF FAME 6 7 WHEREAS, the 2018 Appropriations Act, Item 126(E), included $125,000 from the 8 Virginia Tourism Authority to the City of Virginia Beach for a "regional tourism entity;" 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA, THAT: 12 13 1) $125,000 is hereby accepted from the Virginia Tourism Authority and 14 appropriated, with state revenue increased accordingly, to the FY2018-19 15 Operating Budget of the Department of Economic Development; and 16 17 2) A grant of $125,000 is hereby authorized for the Virginia Sports Hall of Fame 18 in furtherance of the Hall of Fame's efforts to promote tourism in the Hampton 19 Roads Region. 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: In / 1 t udget and Manage ent Services (:i Hi rney's Office CA14494 R-1 July 25, 2018 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. SECTION 1 / APPLICANT DISCLOSURE Organization name: li irldizvt.1uLn. : SECTION 2. SERVICES DISCLOSURE 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) _ C Accounting and/or preparer of }AWG your tax return {Z•-CMaand)V..4 Financial Services (include (-17Nw lEct lending/banking institutions and current mortgage holders as _applicable) Vact-C Coptaxi Sisesl �Pvis d 0 Legal Services U Pa;;SmmstL IVA • ❑ 4 Broker/Contractor/Engineer/Other Service Providers . fiIA ' 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. 6. tr " � ice. E, WWoJJflL 8 OtlIzo, APPLICANT'S SIGNATURE PRINT NAME D E S"n' `'� 1/4 ::.:}1. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds from the Eleventh Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception, and to Authorize Three Donations MEETING DATE: August 7, 2018 • Background: On May 4, 2018, the Virginia Beach Development Authority (VBDA) and the Department of Economic Development (DED) hosted the eleventh annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception at Virginia Beach National Golf Club. The Golf and Reception event normally coincides with the Commonwealth of Virginia's Business Appreciation Month, which is typically celebrated annually during May to recognize the invaluable contributions that Virginia Beach businesses make to support our economy and high quality of life. The invitation list included over 800 Virginia Beach business and industry executives, real estate agents, developers, brokers, architects, engineers, consultants (joined by members of the VBDA and DED). This charitable fundraising event donates a portion of the private sector proceeds to three local charities encompassing job skills for special needs adults, instruction for children, and community awareness. This year the three charities are: The Global Studies Academy at Tallwood High School, The Achievable Dream Academy at Seatack Elementary, and Goodgirls Write Code, Inc. This event generated $16,500 in monies to be allocated equally for the benefit of the above- referenced programs. • Considerations: Approval will allow the City to accept a check from the VBDA, appropriate it in the FY 2018-19 Operating Budget of the Department of Economic Development, and then donate the funding received to the above charities for use within the City of Virginia Beach. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Disclosure Statement Recommended Action: Approval Submitting De• . ,e r • - cy: Economic Development 1 v City Manager: leJi 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM 2 THE ELEVENTH ANNUAL VIRGINIA BEACH 3 BUSINESS APPRECIATION CHARITY GOLF 4 CLASSIC AND NETWORKING RECEPTION, AND TO 5 AUTHORIZE THREE DONATIONS 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $16,500 is hereby accepted and appropriated in the FY 2018-19 Operating 11 Budget of the Department of Economic Development, with donation revenue increased 12 accordingly, and such funds are to be donated to The Global Studies Academy at 13 Tallwood High School, The Achievable Dream Academy at Seatack Elementary, and 14 Goodgirls Write Code, Inc. in equal portions. 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 members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Bu get and Management Services C rn y's •ffice CA14486 R-1 July 11, 2018 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. SECTION 1 /APPLICANT DISCLOSURE Organization name: Goodgirls Write Code SECTION 2. SERVICES DISCLOSURE 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: NO SERVICE PROVIDER additional sheets If needed)nes Accounting and/or preparer of your Vaughn and Company, CPA tax return Financial Services(Include lending/ Wells Fargo banking institutions and current mortgage holders as applicable) Legal Services N/A B roker/Contractor/Engineer/Other Service Providers N/A 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. SAte ..C_ _ Sasha Oppleman 07/31/18 APPLICANT'S SIGNATURE PRINT NAME DATE J. PLANNING 1. PRINCESS ANNE HOTEL, LLC/CITY OF VIRGINIA BEACH for a Conditional Change of Zoning from B-2 Community Business to Conditional B-4 Mixed Use at the Northeast Corner of Princess Anne Road and Community College Place Intersection DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: STAFF—DEFERRAL PLANNING COMMISSION - APPROVAL 2. HOLD 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). (Deferred from July 3, 2018) DISTRICT 7— PRINCESS ANNE RECOMMENDATION: APPROVAL 3. NATHAN HINCH WAICUNAS for a Conditional Use Permit re home occupation — retail firearm sales at 1332 Stringfellow Court DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 4. BRITTANY PRIMMER/BRANDI MILLER for a Conditional Use Permit re family day-care home at 1001 Eagle Point Drive DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 5. EDITH & DANIEL MONROE for a Conditional Use Permit re family day-care home at 164 Onondaga Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 6. DONNA C. DENHAM for a Conditional Use Permit re family day-care home at 965 Edwin Drive DISTRICT 2—KEMPSVILLE RECOMMENDATION: APPROVAL 7. H & S DEVELOPMENT GROUP, LLC/COLUMBIA CLUB OF VIRGINIA BEACH for a Conditional Use Permit re communications tower at 1236 Prosperity Road DISTRICT 6 — BEACH RECOMMENDATION: STAFF—DEFERRAL PLANNING COMMISSION -APPROVAL 8. CHRISTOPHER STANKUS for a Conditional Use Permit re commercial kennel at 3612 West Neck Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 9. Resolution to AUTHORIZE three (3) Roadside Guide Signs along Atlantic and Pacific Avenues re Edgar Cayce's A.R.E. DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL • • NOTICE OF PUBLIC HEARING The regular meeting of the Cly Council of the Cly of Dubin. Beach will be Mw in the Council Chamber of the City Hall Building. Municipal Center, Vir®na Beath. Virginia, on Tuesday, MOM 7.1118 at BW pm.,at which time the (Blowing applications will be heard: Nathan wncn Wakunas (Applicant & Owner) Conditional Use PeIMS (Home Occupation - Retail Salad) 1332 Stringfellow Court (SPIN 1465581325)COUNOL DISTRICT-NEMPSII]E Brittany Pnmmer[ApplIcant)Brandi Miller(Owner) rthriltinnel Use Pemtt(Family Deycare Home) 1001. Faye Feint Drive (GPIN 1474596.0° 8) 01INNOL DISTRICT-O NTEBMLLE H & 5 Development Group, LLC IMprmantl Columbia Club [Owner) CnIDUSIO Lire Perron (Communications Tower) 1236 Prosperity Road (GPIN 2415994392)COUNOL DISTRICT-BEACH Christopher 5bnkua [Applicant & Ownerl f..mipmxl Iona Pxmb (Commercal Kennel) 3812 West Neck Road (GPIN 2402248457) COMOL 06TMCI-PRINCESS ANNE Edith Monroe [Applicant]Edith Monroe&Dank) Monroe(Owners]ven4nOnogPe®8(Family 147cr Home) 164 Onondaga Road (GPIN 147/225]18)0NMOL DISTRICT- BI`9OE Donna C. Denham [Applicant & Owned carmine's user Permit(Family Day-Care Home) 965 Edwin dire(GPIN 1476037005)WINOL DISTRICT-KEMPSWLLE Prins Anne Hotel, LLC (Applicant) City of Virginia Beach(Owned&,Wi n S Razmina(W2 Community Bushes District to Conditional B4 Mixed Use) Northeast corner of Princess Anne Road & Community College Place (GPINN 1485349414 & 1485442154) GWNOL DISTRICT-PRINCESS MINE HOFD ASHVILLE PARK.LLC(Applicant&Owner). MMIW'IiD of Proffers ole Conditional RglpnID1 IaPOrovM5/10/2005. nwidif 2/14/2012).Prccerty is located on the nM orth and south sides of Ashville Park Boulevard (GPINs 2413473302, 2413476457, 2413558602). DOMICIL DISTRICT-PRINCES ANNE A Reso uuon Authorizing Roadside Guide Signs for the Edgar Cay's ARE. boatel at 215 67• Street.0]UNOL DISTRICT-LYNNHAYEN All interested parlor are invited to attend. Amanda Barnes,MMC fib Clerk Copies of ale proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at:Npn9/wow Yam romasc• For information call 3854621. If you are p111e10ly CAWS or YWIy M[hM and need assistance at this meeting please call the CITY CLERKS OFFICE M 3864309',Hearing Impaired call 711 Minnie Relay -Telephone Device for the Dear). BEACON:JUlY22&211,2018-1 RME FAO(. Li 7 rIis y = y 0 _LI ri , , _3 r i ---1.1 is- ..R-1__ e J I L-j ! c ;uazsa.i3 a6arro3 MI �. ,../� },. E I r all i ,..,• /I I?f Ci II OC 7.1::? /I' , IllEr z ..: .,..... I I! f . ,' 1././ litit ritk4/ S:1#1.---- -226-—-''''..,..„...,:C'...'0 Q,:r."1.3 . it t . i^ J 'MM. .11111111.. 4108111t �f C ga a C�-s� , , ,.. 01" rigw'' C;j CN1 . c a* r` . ' Si- VP' s , . , =moi, 1----1' !, � I VOW 4 '—(3 .gfitiirS 0- ' Cl o E..) .... ,-.. — .> ,41: \,..0 T 11151C-re..,? 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' eyi;:. v..." 0- ( .i♦ 't it) !!�� • 1 r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PRINCESS ANNE HOTEL, LLC [Applicant] CITY OF VIRGINIA BEACH [Owner] Conditional Change of Zoning(B-2 Community Business District to Conditional B-4 Mixed Use District)for the property located at the northeast corner of the Princess Anne Road &Community College Place intersection, (GPINs 1485349414, 1485442154), COUNCIL DISTRICT— CENTERVILLE. MEETING DATE: August 7, 2018 • Background: The applicant has requested an indefinite deferral in order to provide additional time to develop a term sheet that is acceptable to both the applicant and to the City of Virginia Beach. This City-owned property at the entrance along Princess Anne Road into Tidewater Community College has been marketed by the Department of Economic Development. The applicant proposes to rezone this almost 6.5-acre site in order to subdivide the property into three parcels. Ultimately, the project includes the construction of two hotels as well as a stand-alone restaurant. It is the intent of the applicant to establish a shared parking agreement between the uses on all three parcels. • Considerations: Securing a location for a hotel in the Princess Anne Commons area has been challenging due to the AICUZ restrictions and the environmental constraints that exist in the area. This site is located in the less than 65 dB DNL noise zone,outside of the Floodplain Subject to Special Restrictions, and is in close proximity to the Princess Anne Athletic Complex, the Virginia Beach Sportsplex, the Amphitheater, the future Biopark, and various medical facilities making it an ideal location for a hotel. The request is consistent with the Comprehensive Plan's vision for Princess Anne Special Economic Growth Area 4, which encourages hospitality uses. As recommended by the Plan, the applicant submitted a preliminary drainage strategy and subject to several modifications, Staff is confident that the concepts proposed will meet the required stormwater standards. Further details pertaining to the rezoning application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. Princess Anne Hotels, LLC Page 2 of 2 • Recommendations: City Staff recommends deferral of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. • Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Deferral. Planning Commission recommends Approval. ,�, y��`7pJ-1 yy f/ I Submitting De me gency: Planning Departmen ..,54 ,4 Manager: ��J� Applicant Princess Anne Hotel, LLC Agenda Item Property Owner City of Virginia Beach Public Hearing July 11, 2018 15 City of City Council Election District Centerville Virginia Beach Request N,_''c!` Conditional Rezoning (B-2 Community Business to Conditional B-4 Mixed Use) `'"'"'.."4 lib Staff Recommendation iL 4146 4 — T hi #u Approval I ilk 4 Staff Planner ' Jimmy McNamara 111 Ali I II All Location M {6-7o d�7•.1 Property located at the northeast intersection - 21 �It ...w, of Princess Anne Road&Community College )0► Place ibik....../" GPINs 1485349414, 1485442154 Site Size • 6.46 Acres ,, +a M AICUZ c':., ;,/• ' !' Si � ` Less than 65 dB DNL )' '1,. , :.' -1.,.'. Watershed . : r ' it Southern Rivers '� 4 5 - Existing Land Use and Zoning District ' y Undeveloped /B-2 Community Business ��''+ �'. • 41*" "11111,: '� f "MC- �lk, .. Surrounding Land Uses and Zoning Districts -7•1. rk;►r>r I. /.•• ,•},1 ?*,, r North Undeveloped /B-2 Community Business • South . Princess Anne Road Single-family dwellings /R-5D Residential East Community College Place Community college/P-1 Preservation West Commercial/ B-2 Community Business Princess Anne Hotel, LLC Agenda Item 15 Page 1 Background and Summary of Proposal • In 1983, the subject site was rezoned from R-8 Residential District to B-2 Community Business District. Since that time, the 6.46-acre site located at the current entrance to Tidewater Community College has remained vacant. • As the property is owned by the City of Virginia Beach,the Department of Economic Development sent out a request for proposal for development of the property. Two responses were received and the applicant's proposal was selected. • The applicant requests a rezoning of the site, which currently consists of two parcels, to B-4 Mixed Use in order to construct two hotels and a restaurant. Additionally, the applicant intends to subdivide the site to ultimately create a total of three parcels. • The parcel located at the corner of Community College Place and Princess Anne Road, as depicted on the site layout, is proposed to be developed with a nearly 5,200 square-foot stand-alone restaurant. • The second parcel, also located along Community College Place, is proposed to be developed with a Hampton Inn &Suites with up to 120 guest rooms. • The third parcel, located to the southeast along Princess Anne Road,is proposed to be developed with another hotel with up to 120 guest rooms. • Access to all three future parcels will be via a single point of ingress/egress along Community College Place. No access to Princess Anne Road is being requested. Cross-access and shared-access ingress/egress easements will be established during the recordation of the final plat. • The applicant has proffered that a new westbound turn lane within Community College Place will be constructed when the property is developed. • The site layout depicts the required street frontage,foundation and interior parking lot landscape material. • The Zoning Ordinance requires one parking space per lodging unit and one space per every 100 square feet of floor area for the restaurant. As depicted on the site layout, the proposed 5,200 square-foot restaurant requires 52 parking spaces and the two hotels require 208 parking spaces, for a total parking requirement of 260 spaces. The submitted site layout depicts a total of 265 parking spaces among the three parcels. The applicant is aware of the potential need of a shared parking agreement amongst the three parcels in order to meet the requirements of the Zoning Ordinance. Staff supports this approach. • The submitted proffered building elevation of the hotel building depicts an exterior with neutral or earth-tone colors with primary building materials of brick and EIFS. Both of the hotels and the restaurant will feature similar building materials, color schemes, and architectural style. • An eight foot tall, monument-style sign with a brick base is proposed for each of the three new parcels. • The applicant's engineer identified approximately 0.425 acres of isolated, non-tidal, emergent wetlands within five scattered pockets on the site. This exhibit entitled "Onsite Wetland Exhibit" is found on page 10 of this report. The applicant has submitted this information to the U.S. Army Corps of Engineers and is awaiting an official wetland delineation approval. Once a full approval has been obtained, a Joint Permit Application will be Princess Anne Hotel, LLC Agenda Item 15 Page 2 submitted in pursuit of filling these wetlands for the development of the property. As a means of mitigating for the wetlands impacts, the applicant intends to purchase credit from a commercial mitigation bank servicing the Southern Rivers watershed. P / �• Zoning History •A 1jiii„ Y it • ,d � # Request N . 1 REZ(R-8 to B-2)11/21/1983 { A j���% 2 MOD Approved 07/09/1996 • ` LUP Approved 12/05/1979 V 'Ai4'17' 3 CRZ(R-5D&R-10 to Conditional PD-H2(A-36&A-12)& �� �;_� _ r B-4)Approved 06/26/2007 , \ CRZ(R-5D to Conditional B-2)Denied 02/23/1999 _�f 4 CUP(Motor Vehicle Rentals)Approved 02/08/2005 M,��+� GrG.. .+. 5 CUP(Car Wash&Automotive Repair)09/22/1998 IU glr IV !��! �it 'a, ``�' R-513 14, Application Types CUP-Conditional Use Permit MOD- Modification of Conditions or Proffers FVR-Floodplain Variance RFT. -Rezoning NON -Nonconforming Use ALT-Alternative Compliance CRZ-Conditional Rezoning STC-Street Closure SVR -Subdivision Variance Evaluation and Recommendation This request to rezone the site to B-4 Mixed Use for the purpose of developing two hotels and a restaurant is consistent with the Comprehensive Plan's vision for Special Economic Growth Area (SEGA) 4- Princess Anne Commons. The Plan encourages hospitality uses which are directly adjacent to the Virginia Beach campuses of Tidewater Community College, Old Dominion University and Norfolk State University. Securing a location for a hotel in the Princess Anne Commons area of Virginia Beach has been challenging due to the AICUZ restrictions and the environmental constraints that exist in this area. This site is located in the less than 65 dB DNL noise zone and outside of the Floodplain Subject to Special Restrictions; thereby making it ideal for development. The growth of the area,which includes the Sentara Princess Anne Hospital, the Amphitheater, the Princess Anne Athletic Complex, the Virginia Beach Sportsplex, along with the future development of the Virginia Beach Biomedical Park, has further increased the need fora hotel in the southern part of the city. The applicant intends to partner with the Tidewater Community College Hospitality Management Program to provide real-world training opportunities for students. 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 while there are still items that need to be addressed during final design, the proposed conceptual stormwater strategy can be modified 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. Princess Anne Hotel, LLC Agenda Item 15 Page 3 In Staff's opinion, the proposed request will provide a valuable commodity that is currently lacking in part of Virginia Beach. The proposed site layout and elevations provide confidence of a quality, attractive design that will enhance the Princess Anne Road corridor. Staff recommends approval of this request subject to the submitted proffers. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, the site design shall be substantially in accordance with the Plan titled "Preliminary Site Layout of TCC Select Service Hotel," dated May 14, 2018, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. (hereinafter the "Site Plan"). Proffer 2: When the Property is developed, the design of the buildings shall be substantially in accordance with the Building Renderings labeled as "Hemel Rete♦New Build Exterior—Day View", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. (hereinafter the "Building Renderings"). Proffer 3: When the Property is developed, a Landscape Plan reflective of the location and plant material depicted on the submitted landscape exhibit entitled "Conceptual Site Layout& Landscape Plan of TCC—Outparcels," dated May 16, 2018, prepared by MSA, P.C.,shall be submitted for review and approval. Proffer 4: When the Property is developed, the freestanding sign for each of the properties shall be substantially in accordance with the sign exhibit entitled "Freestanding Sign", dated June 19, 2018, prepared by MSA, P.C.,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. (hereinafter the "Sign Exhibit"). Said sign(s) shall be monument style, no taller than eight feet in height and shall have a brick base to match the building. Proffer 5: As will be depicted on the final Site Plan when the Property is developed, a new westbound left turn lane with the appropriate storage and taper lengths within Community College Place roadway will be constructed. Proffer 6: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet Staff Comments: The submitted proffers provide confidence of a cohesive development with quality materials and design. 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 Princess Anne Hotel, LLC Agenda Item 15 Page 4 applicable permits required by the City Code,including those administered by the Department of Planning/DevelopmentServices Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being located within Special Economic Growth Area (SEGA) 4- Princess Anne Commons in recognition of the land development constraints and economic development opportunities associated with this area's location within a military aircraft overfly zone. Focus should be placed on providing locations for rural or campus-like development, participatory sports, entertainment venues, tourism, biomedical research and hospitality uses which can benefit from their proximity to campuses of Tidewater Community College and the Old Dominion University/ Norfolk State University. Natural and Cultural Resources Impacts The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. As previously stated, several small areas of isolated, non-tidal, emergent wetland areas are present on the site. The applicant is aware of the need fora Joint Permit Application (JPA). There do not appear to be any other significant cultural or natural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 52,300 ADT 34,940 ADT (LOS°"C") 56,240 ADT'(LOS°"D") Existing Land Use 2—3,575 ADT Community College Place No Data Available 13,140 ADT (LOS°"C") Proposed Land Use 3—2,077 ADT 20,700 ADT'(LOS4"E") 'Average Daily Trips las defined by 6.5 acres of 3 as defined by a 107 room hotel,101 °LOS=Level of Service B-2 zoned property room hotel and a 5,200 square-foot restaurant Master Transportation Plan(MTP) and Capital Improvement Program(CIP) Princess Anne Road in the vicinity of this application is considered an eight-lane divided major urban arterial. The MTP proposes a divided, access controlled facility with bikeway within a 150-foot right-of-way. Public Utility Impacts Water These sites must connect to City water. There is an existing 24-inch City water transmission main along Princess Anne Road. A City water main may be extended from the transmission main for connection purposes provided hydraulic analysis supports the potential demand. Plans and bonds are required for construction extension of water system. Sewer City sewer is not available to the sites as proposed. Plans and bonds are required for constructing the extension of the sewer system. Princess Anne Hotel, LLC Agenda Item 15 Page 5 Proposed Site Layout -1:•f---------,..44 . - U 11 t r" H\ 1r thi fO� �zt i ! 1 . a . lt , , 1 '-:;\ ..v.‘ \ 11111/1111 'il f w \ \ I C `if,. \ \\ • 11 OM ._ # 414,-*, *\ Illikl ii_ �- � op � IL 11411 , , • min 1 \ . .• ta.4*/*Z 1 lih,/ ak \ , ,4.1h. ..V... Ois •--- \\ '1'44 \- lir ;3:: 144*.,•• / 0 ti z6 \.: 11/ i o ' i g a � 4> • • II 11 I O2 , 1x Princess Anne Hotel, LLC Agenda Item 15 Page 6 Proposed Landscape Exhibit . . \ , ii;, p Hi : ,•-i 1:-.;,i =o ' '', \\ \ \ .-- ii Oil :1,1 i iggilifid ‘ \ . -, , . , i \ : , ,\ . . Y \ \ \ \ 1 \ k, \\ \ \ llir a r \ ' �• �. •o \ mss`` - • \\ elft§!i .. a \ \\ iii: _ r� _ ~ Mil _ ItiY Qs 'l r - ,. bi •' o • L� v. / ': 1* / l )•::.t's40 -k,.,-•\... .' 4`f.- s .,, v, /F.,1"ti. ® .'22'':. Alit ,- - ��G.. 7i y - • .--.....„...::L*00...H.I:.:74, i . , ,., ,, • • k,,-. 1 Q J ` ` II II 1 Asan A C Oh 0 -,... 1..it..,„ . -'- ' - 11 ii ili ill I St— F> Princess Anne Hotel, LLC Agenda Item 15 Page 7 Proposed Rendering *Rendering revised after July 11, 2018 Planning Commission public hearing _ -e �• F.. • .: : . r I[ I N rt., gi, ; .1,1 . ,. 4 „,„.. i .....,, mil IRT, L. . Ilto ...44 11: ..4.,• lir r ti 9. p. i T..f, . ® r` lir tt / i irill ,. - - • :. 1 Fr rtr- ,..„.,..: 7 . .,. ., , ,,, . _ .. ,,, ..,,,, .. t . , , , . . .,1 O W ., . 4_, . ., x .• ,.... ...„. LA.., �r . t!., . .:. 'Q •4•s—:!•.,;,:, � .� ' i- • Z Princess Anne Hotel, LLC Agenda Item 15 Page 8 Proposed Freestanding Sign 7'•9"(2362.2mm) I Jfampk#jj N CgV L 1 En by HILTON c _ . • I [ I I I I w N Q m Y t0 1 i I [ [ ■■r■■ ■■ ■■kUU.1 i■■ MSA� PC'_ min 1►v/,MN rm,r.m,.rti,+•F`h rn•.•Sn FREE STANDING SIGN MUM'AM i„ier.,�mucaca x•r...,,u2'ia-- R '■ TCC — OUGTPARCELS R CS iV�ii PROJ. NO.: 17185 DATE: 06/19/2018 SCALE: NTS Princess Anne Hotel, LLC Agenda Item 15 Page 9 Onsite Wetland Exhibit sa Iiir • R` 4r y ' r T' 1 41, 'itLLjR'� T T act Toon Ike 14411.--NNII:".:sh, 111100t111.1t rel Ss St- lit. *• . i • TI . s. ..ir;tear . , \` ••� \� .. ri.... , , ,.I. .v ,,,, , . , , ,,.... . 1".....iiii,..,,. Legend lit 4411114,, Wetlands � I / ..i 1- cue Ge EW 11 sla c id t•'Ls dES'A..AI 1 A Subject Property ,1I ,pa ar h (-a 5,s5tOPO anaa ' i;: PROJECT:TCC HOTEL DEVELOPMENT VIRGINIA BEACH,VIRGINIA FIGURE 5: Kimley>>>Horn CREATED BY E.FOWLER SCALE' 11n=1008 WETLAND DELINEATION DATE 1/16/2018 KHA PROJECT NUMBER 116049053 Princess Anne Hotel, LLC Agenda Item 15 Page 10 Preliminary Stormwater Design �: +tt n� ��1t,a�' ��61 a gg i ;, I• :I • r� } \. ,---r, ,.,./-, I : , . - j' r. %� ,./ , 1 ir t („ / • •I II �f 1 • • /. { ^ C •• I 'moi 1 . ': ,...`',. 'C.\ j• ,,t. , , , , i i- • `‘ , ' . �• ►;;e .1 , -y--a ) Ili �A,. . "', ' • V7V/ 1 I � \NN,.' / J : ,i • O ,/\. 1831111 '1, I . s,liE Kms,.. • . • Princess Anne Hotel, LLC Agenda Item 15 Page 11 Site Photos • • - ,rhfi =*°!Ke ie __.. tj\Jv� . .e kT �V 4 1:‘'. fin- +Fi• is i .� ` , J115..,E ,. +. {{ v , ; 44,E { Y, . + ,� ,,�. N ' .f.. - - __ _ -. ,� - - c►..,.. • /ice toil). • .., n r c .a r Princess Anne Hotel, LLC Agenda Item 15 Page 12 Disclosure Statement Virginia Beach APPLICANT'S NAME Princess Anne Hotel, LW 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 indude, 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 rOR(nvmroNlr . . Page I of] ❑ nrru(ANI NUIIIII )OI IIIARINc Noc I,ANcu As el gni, 7/ yif4 fr Jimmy McNamara ❑ RrvIAONs SV131JITTCFl ^-4" Princess Anne Hotel, LLC Agenda Item 15 Page 13 Disclosure Statement i Virginia Beach El Check here if the APPI!CANT It NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here If the APPLICANT I5 a corporation, partnership, firm, business, or other unincorporated organization. (A) list the Applicant's name:Princess Anne Hotel, LLC If an LLC, list all member's names: Page S. Johnson, II 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) Harmony Hospitality, Inc. See next page for information pertaining to footnotes[ and 2 e SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 pply If nronerty owner it different from Annikant. ® Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. • Check here if the PROPERTY OWNER Sc a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name: City of Virgnia Beach If an LLC, list the member's names: Page 2 of 7 Princess Anne Hotel, LLC Agenda item 15 Page 14 Disclosure Statement Virginia Batch 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) 'Parent-subsidiary relationship" means 'a rektbnship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the mating power of another corporation' See State and Local Government Conflict of Interests Act,Va. Code 42.2.3101. 'Affiliated business entity relationship- means 'a rektbnship. other than parent-subsidiary relationship, that exists when 0)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entbks. factors that should be considered In determining the exbtence 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 sane offices or empbyees or otherydse share activities, resources or personnel on a regular basis; or thee* is otherwise a close working relationship between the entitles." See State and Local Government Conflict of Interests Act. Va.Code S 2,2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or anv business ooeratino or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT. EACH MUST COMPLETE THE SECTION SEPERATELV Page 3 of 7 Princess Anne Hotel, LLC Agenda Item 15 Page 15 Disclosure Statement APPLICANT w YES NO SERVICE PROVIDER(um additional Beets if needed) ❑ ® Accounting and/or preparer of your tax return 0 0 Architect/Landscape Architect/ Sal Lemole Land Planner Contract Purchaser(If other than El 0 the Aoolkant)-identify purchaser and purchaser's service providers Any other pending or proposed El ® purchaser of the subject property (Identify purchasers)and purchasers service providers) ® ® Construction Contractors El Engi /Surveyors/Agents MSA PC Financing (Include current ❑ Il mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 0 Li Legal Services Singer Davis Real Estate Brokers/ ID ® Agents/Realtors for current and anticipated future sales of the subject property 4 a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ® ❑ an interest In the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? The current land owner of the subject parcels is the City of Virginia Beach. Page 4 of 7 Princess Anne Hotel, LLC Agenda Item 15 Page 16 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the Information contained In this Disclosure Statement Form Is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeti , or meeting of any public body or committee in connection with this App on. Page S.Johnson, 11 APPLICANTS SIGNATURE PRINT NAME DA IE 1� Page 5 of 7 Princess Anne Hotel, LLC Agenda item 15 Page 17 Disclosure Statement OWNER w YES NO SERVICE PROVIDER(use additional Meets f needed) ❑ ® Accounting and/or preparer of your tax return ❑ lin Architect/Landscape Architect/ Land Planner ❑ ® Contract Purchaser Of other than Slit Aoolicant-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchasers)and purchaser's service providers) • ® Construction Contractors ® ❑ Engineers/Surveyors/Agents Kinky-Hon a MidAaaneo Surveying Financing(include current ❑ l 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? The current land owner of the subject parcels is the City of Virginia Beach, Page 6 of 7 Princess Anne Hotel, LLC Agenda Item 15 Page 18 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA me-ting, • eeting of any public body or committee in connection with this A •I ati.n. _ I I Ma s) David L. Hansen ai,Ce pRo7ERTyr S SIGNATURE PRINT NAME DATE Page 7 of 7 Princess Anne Hotel, LLC Agenda Item 15 Page 19 Item#15 Princess Anne Hotel,LLC Conditional Rezoning Northeast Intersection of Princess Anne Road&Community College Place District-Centerville July 11,2018 CONSENT Ms. Rucinski: Alright, thank you. The next item on the consent agenda is item number fifteen, Princess Anne Hotel, LLC which is an application for conditional rezoning B-2 community business district to conditional B-4 Mixed Use on the property located at the northeast intersection of Princess Anne Road and Community College Place District Centerville. Mr. Royal: I am Randy Royal, I am representing this project. Ms. Rucinski: Are the conditions acceptable? Mr. Royal: They are. I would like to mention the building rendering has been swapped out with what the Staff has shown you so that will be what's moving forward formally. Ms. Rucinski: Okay, thank you. The chairman has asked Commissioner Ron Ripley to read that into the record. Mr. Ripley: This is a rezoning of a property from 8-2 to B-4 Mixed Use and it's on a 6.46 acre parcel and the city has been interested in having it developed as a hotel for some time. It's right at the entrance to Tidewater Community College and it has been proposed to be developed with 5,200 square-foot restaurant, freestanding and two 120 unit hotels and you saw the elevation up there with Hampton Inn. There is adequate parking laid out. It is something again the City has been looking for. We understand that the applicant and the City will work together some times in the future on hotel management, maybe some courses offered within the Community College and so that's a really nice twist to it. There is no one opposing this that we know of,it's been something that's been looked to for quite some time and we thought that it should be on the Consent Agenda and was recommended by Staff for approval, so we placed it on the consent. AYE 10 NAY 0 ABS 0 ABSENT HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER ABSENT REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE 1 WALL AYE WEINER AYE Ms. Cartwright: By recorded vote of 10-0, the items number one, two, three, five, six, eleven, thirteen, fifteen, and eighteen have been approved by consent with commissioner Hodgson abstaining from item number 15. 2 e N ' 4" . .44, -4 •..trii) • 4-, , -)74041111/' M } �lite � 4 ; ! gli w LI: it ii 11164 Vi '.O'r *4144 # CN4 , 91." 0 11 1 NV- ..,,.., di /„. , Ng illk < `j Vit. CP ti r 4 — -,—, \::\\. .1/4 NIISNN•I4 „Vi �. - -4d''4'44.• •, �Y wAl;/2 *N. .I'........., 4 .`baa l# No,7•. a•.. 4.,„ 1 4 �� % ,, " Noi-N .„.4 f,' 0 t. i!i 4 r• 0 0 - idi 1 1 •,����.,;�� '� 'r, �*1114,*`' I 0, , �••sf M• ...,;,...,' 34 fr/,ti- N $ 1 I Oil\ 0 alb. \ N P4,,,,941111114111.4k. ,i0 ix 4.1,,iht 4„118 IV \''a .11‘ 1,1114:\ ,- 11141.11\I, "10_ NI I\ il t N ,,, .„,„ _.;,,,e1....:., . . clah i.ft, „., , , „.„ i„,„... .. Nirt 1411 14100101h I 1.11 it ; F 40 i. 14 al"1-‘1 44P 41. N:1111Abh, #44 411' r ,..._,....1,, A,..,..„ 4 kowolio. ,.. 4 4,414,1%. 14b l 1S, 44.410%,„,....441/4%.....N k t _ id - CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HOFD ASHVILLE PARK, LLC (Applicant & Owner), Modification of Proffers of a Conditional Rezoning (originally approved on February 24, 2004, and modified on May 10, 2005 & February 14, 2012), for property located on the north and south sides of Ashville Park Boulevard, (GPINs 2413473302, 2413476457, 2413558602). COUNCIL DISTRICT— PRINCESS ANNE. MEETING DATE: August 7, 2018 • Background: The original Conditional Change of Zoning establishing the PD-l-12 Planned Unit Development District (R-30 & P-1) for the Ashville Park neighborhood 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 request was approved in 2012. In 2015, and under new ownership of the current applicant, an application for a modification to the 2012 proffers was indefinitely deferred by the City Council. Following extensive study of the existing stormwater system, the modification request was heard at the June 19, 2018 City Council meeting. Following public comment, the Council deferred the request to the July 3rd public hearing, and then in turn deferred it to the August 7th meeting date. This request is coupled with a proposal for a cost participation agreement between the City of Virginia Beach and the applicant for the construction of the Phase I public stormwater drainage improvements throughout Ashville Park. 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. It should be noted that construction plans for future Village E will not be approved until Phase II drainage improvements are identified and funded, improvements which are not part of this cost participation agreement. The applicant is now requesting a Modification of Proffers for the purpose of revising the layouts of the remaining undeveloped villages, Villages C and E,which have not yet been subdivided, and eliminating Village D. The number of lots has been reduced by 44, thereby reducing the overall permitted units in Ashville Park from 499 to 455. These 44 units were proposed within the former Village D as part of the 2015 application of HOFD Ashville Park, LLC. The proffered plan now depicts the former Village D as an area of approximately 17 acres to be dedicated to the City of Virginia Beach for stormwater management and/or passive open space. The principal reasons for the changes to the layouts include reducing the HOFD ASHVILLE PARK, LLC Page 2 of 3 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 have increased and will accommodate larger stormwater management ponds. 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 current request. Also attached at the request of City Council is the composite list of proffers that will apply to the project if City Council approves the request as proposed. • Considerations: The table below provides a comparison of both the number of units and the minimum lot sizes of the existing approved plan with those proposed with this modification. Approved Proffered Plan Proposed Modifications To Plan Number Lot Width Minimum Number Lot Width Minimum Units In Feet Lot Size Units In Feet Lot Size Village C 98 100 20,000 SF 116 45 at 120 45 at 18,000 SF 71 at 90 71 at 13,500 SF Village D 41 100 12,000 SF 0 N/A N/A Village E 56 100 12,000 SF 40 100 20,000 SF Total Units 195 156 As depicted above and on the proffered plan, Village D has been eliminated. 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 planned lots closest to Heritage Park (the north and west sides of Village C) will be at least 120 feet in width and at least 18,000 square feet in size, exceeding widths and sizes of the properties immediately adjacent to the north, which does address the opposition present at the Planning Commission's public hearing as noted below. The revised layout of the villages reduces the overall development footprint by approximately 25 acres, which results in a corresponding increase in the number of acres of open space. Accordingly, over 57 percent of the site will remain as open space. Further details pertaining to the proposal, as well as Staffs evaluation of the request, are provided in the attached Staff report. At the 2015 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 HOFD ASHVILLE PARK, LLC Page 3 of 3 opposition noted concerns related to smaller lot sizes, decreased home sizes, and changes to the layout. • Recommendations: In 2015, the Planning Commission by a recorded vote of 10-0, voted to recommend approval of this request to the City Council. 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 are included in the Manual. 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. • Attachments: Ashville Park Acreage & Unit Count Table Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Proffer Agreement Composite List of Applicable Proffers Ashville Park Master Plan Manual Recommended Action: Staff recommends approval. Planning Commission recommends approval. SubmittingD- •• . iv . Aiiigency: Planning Departmen4`fj , City Manage ���' 00 X m m o0 .+ 0 z o r-1 tj N wz ° zo L 1. 0 w O O m = rl Q o D 0 05ro m Q Q 11 cu ° 0 V o O co N r-' r-' r-1 Z • Z N J wu 'nuQ Ln v G. - >- o >- N z H N 1- s 3 a u DDCY)CII in ° Q0 `D VZ z Z } > o O . -i t w N C?' H H 0 U r -1 Q z it z NN ul 00 O Ql < LD Co U N J w w 0 UD 0 Z in 00 CL 0 'i U rn (11 O. zoo "' Q u Z O o c., v) UJ r-, 0) u u-) al0 Q rn O V_ CC NJ N cil LID 00 ZCT N . a J d 'n v< N (13 Q CO Q 0 I— - H- Z - o Z 0 v w O -0 tio _ op N ro O ~ O U lf) Q U 00 ,-1 < Ql Q O < V 0 V rr o . rn Z d >r f I- N -� a `-' N LID ii) Ct. n � cc' Z a Q aa) o2S `o o � m LU Z ir, "r, 0O o , < o o a, v 73v a� ,. E UJ M /- > O L +, dA +a a r U N a cc ( O N LD N �t o Q a a- o� a 'r, w - _ a < N CC CC a) w Y Q -0 0 oc v Qb.0U CL r° I.L U LJJ0 `3 co J Q 00 U 0 w LL c + J LU W W W W W W Ce LA NJ c (.9 7 7 CD (.77 0 _! to c v L � N= Q W 0 D Z -cs Ln v Q N v> 5 5 5 5 > > !- z n cc I PRINCESS ANNE w.I..K.-I3-14 HOFD Ashville Park,L.L.C. 3 7 • AG AG1 .E 11.4' ,•�.r _,� March 11, 2015 Public Hearing 'eciallININutin g.'/ 0041;(R40) : ,-4 APPLICANT & PROPERTY _ a - OWNER: _F `_ HOFD ASHVILLE �� ti � ° AG1 ij PARK, LLC 2r . �.� illIA:ea • 1 \\ I..1' 0 dB Ldp/ AG1 Aci`. /F. . . a ... ' AG.1` •z....rmat c..r••n.w..4m*axe►t*+ Moddicrrfion of Proffers m..,..r.le.......e..e••••. 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 e in number of units MODIFICATION REQUEST 277.7 acres [no change 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 IILVIIALL PARSOriginal 2004 Plan •. . VILLAGE'('' ✓�r � f.•; !. 1 69.9 ACRES SANE/BRIDGE MRK •i .•T• - FI AVA[,AIID ROAD 94 ACRES \ - ; P.1,...44."..);t•. . N'n.'' 0,11.-- ;�. : %-y -1:','. , VILLAGE'O'1 WILDLIFE 4 -' • 1 29 ACRES g,„. 0•�,'- 1 IIARKI(typ.) � p01. ♦•1 j L •A ` -A A-.it 1.•( 1 Y ■.s. LR! :� i cla h� y L•' �e� Y {R 1 WILDLIFE I, or ilii . '4,M' ,kms .{ V.._l•-� ` RECREATIONAL . 7t_� �• i ACTIVITY AREA �-•c�yEj^ ELRN- •� ■'ll,.-1.t>t+s1 ADULT L.R�'�'RR.',:!-+-7tea RECREATIONAL - 4 US COAST GUARD ACTIVITY AREA ` ' - .�,a �yM•- 1 VIEEAGE'E' 1 [NTRANCI '� 11EM �! Amer.13.6 ACRES ADULT Till,ti STREI:t SIT LAIN, I .•..1,. t1740.1.5., -1•.Jt'.t �•e '. La..VV/.nq A,.I t,A.. ■I,•„ ' VILLAGE'8 A.q..J/....I...R Y..I. ,L.+.,J.. re,..Ea.enA.u1] •.. 1 2S.)ACRES r I..SI,I I1 O..G. I.,•.:.,.a1,...iSS c:r.s s.. ACTIVE ADULI P,.,,.n,J I.n, -.. .%, _VI.I a,,... .y. Ni....I,..I 123(13 A.,. L. IN.\.n.AL.T\.V. l'.7,7246'''' na\iEy.l• !!A .w- It . 4.I. pal Aund lhr. ties •31„� I _' FLACT' .( 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 4 K __tS2 to ____ 2005 Plan g)(fiek Iii!M. H(R fAG(MRA USW MRA ow J A,JI NUAGf'C' SUW.NNI(v,f ..__. Neil ''ANillIAC(fARA - •' f-` .. f rt, 4t1Y1 1AYIAR PARA • RIP) - -- - •.• ♦ _-_ .y, !b I/S!151.6 • 10°44 Of • �p�71'� Y 1rt ! _ 4M AA MRA i Y MQA I 7. r't •♦• � k I 1 i wnunt • t oiNiiii . .. —4 41)0 001 4, 1, - , *1'1 'Jar , _ -- , „jib, , . . .... _ ... .,.., , ,, ....4 ..1.........4 ....d.. v.• NT*, firr -i JJ��`` 4 ACT";r ANA -,1 •s!. • M1 Y' -Init.. t. ; .-� 1 US COSI GUNK! r.—; , �. J (MRANCf . N — i ti 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 to1 II �) replace the 'Active Adult Center' proposed for the center of _ __�• t Village B with a 'Village Green.' The rationale for the requested — modification was based on the changes in the real estate ..• market and economy resulting from the Great Recession. Specifically, the applicant cited the significant reduction in """" demand for 'active adult communities' with single-family ""` -- dwellings — dwellings on fee-simple lots, as well as an increasing 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 "'_ _ a. \I.. __i on February 14, 2012. :...... fiF `_w4 Details of Proposal On February 16, 2012, ownership of the property was ;,s,,„;k,;„, ,;;,N,”- transferred to the current owner, HOFD Ashville Park, LLC, which is a 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 HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 3 those practices and preferences, the current housing market, and new site 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 applicant's 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' gg 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' 41 100' 12,000 SF 0 N/A N/A Village 'E' 56 100' 12,000 SF 40 100' 20,000 SF Total Units 195 156 • As the table above indicates, the number of units within the three villages will increaseby five decrease by 39; however,the-five . - . - - --- - - - -- e• -the-maximum-4G9-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 18 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 ± 246.8 261.8 acres (54-5 57.8% of site) Interior Village Open Space ± 23.5 21.5 acres Buffers ± 20.0 acres Lake ± 46,5 47.0 acres Residual Open Space ± 4-56,8 173.3 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 HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 4 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, 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-pedien all of Village shown on the "Master Plan of Ashville Park Virginia "B" and all of Villages "C", "P"and "E", along with Beach, VA"dated 2/08/05 and designed by the area previously designated "Village D"shall be Stephen Fuller Places, LLC in conjunction with developed substantially as shown on the Exhibit MSA, P.C., a copy of which has been exhibited to designated "Ashville Park" "Master Plan," dated City Council and is on file with the Virginia Beach May 25, 2018, prepared by Planning Department(hereinafter, the "Master LSG Landscape Architecture Inc., which is Plan"). 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"). 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 located at Flanagans Lane near the intersection of at Flanagans Lane near the intersection of Flanagans Lane and Sandbridge Road and shall be Flanagans Lane and Sandbridge Road and shall 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 5/11/2018, copy of which is contained within Section V of the prepared by Manual. LSG Landscape Architecture Inc., a copy of which 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", T"and "E" designed and constructed in accordance with the as depicted on the Master Plan shall be designed exhibit entitled "Typical Street Sections Plan of and constructed in accordance with the exhibit Ashville Park Princess Anne Road, Virginia Beach, entitled, "Typical Sections" dated 12/19/2014 Virginia", prepared by MSA, P.C., and dated 5/11/2018, prepared by LSG Landscape February 8, 2005, which exhibit has been displayed Architecture Inc., a copy of which is at page 10 of to the City Council of the City of Virginia Beach and the Manual. HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 5 is on file in the Virginia Beach Planning Department (hereinafter"Street Section Plan"). 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 B shall not exceed 164. All such units in Village B shall be single-family detached dwellings. The shall be single-family detached dwellings. The minimum lot size, internal open space area, buffers minimum lot size, internal open space area, buffers and acreages for each Village shall be as set forth and acreages for each Village shall be as set forth in the Master Plan. 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", "9 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 The total number of units developed in Village D tetal-number-ef-units-cleveloped-i-RVillageshall shall not exceed 41. The total number of units net-exceed-44:The total number of units developed developed in Village E shall not exceed 56. All units in Village "E" shall not exceed 40. All units shall be shall be single-family detached dwellings within single family detached dwellings within these these Villages. The minimum lot size, internal open Villages. The minimum lot size, internal open space space area, buffers and acreages for each Village area, buffers and acreages for each Village shall be shall be as set forth in the Master Plan. as set forth in the Master 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 shall Association and no structure shall be allowed within be maintained by the residential lot's owner. The the linear parks other than uniform fencing, or other cost reduction to the Association resulting from the uniform decorative features, and mailboxes. The elimination of this line item/expense will be HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 6 Pocket Parks depicted on the Master Plan shall be immediately reflected in monthly homeowner developed and constructed substantially as assessments. All other park areas and open space depicted on the Master Plan. The Pocket Parks areas shall be maintained by the Home Owners shall be maintained by the Home Owners Association. No structures shall be allowed within Association. All sidewalks and trails located outside the parks other than uniform fencing, storm of the public rights-of-way shall be maintained by drainage improvements, other uniform decorative the Home Owners Association. 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 of Recreational Activity Center, and (2) Clubhouse this size, detailed building plans may change as the Elevations dated 12/19/2014 5/1/2015, prepared development of Ashville Park progresses. The by LSG Landscape Architecture Inc., copies of intent of the renderings is to demonstrate the which are at pages 6 and 7 of the Manual. The architectural style and building quality of this Recreational facility. Final elevations for the structure shall be Activity Center shall include a Clubhouse(minimum submitted to the Planning Director to assure 3,400 square feet), Drop-off, Sun Deck, Swimming compliance with this proffer. 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, Dor 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 a designated as a jurisdictional wetland by the U.S. 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 HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 7 unless otherwise required in order to implement any Ashville Park Drainage Improvements (Alternative B). Any impacts to portions of the Property that have subsequently been designated as jurisdictional wetlands by the U.S. Army Corps of Engineers 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 the Ashville Park Subdivision, or fifty-two percent(52%)of the current gross acreage dedicated to the Grantee for stormwater of the Property. The different types and acreages of management facilities and/or possible open space open spaces provided within Ashville Park shall be shall not be below 57% of the 452.8 gross acres substantially as specified on the Master Plan. 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. 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 5/11/2018, prepared by the Manual (hereinafter"Connectivity Plan"). The LSG Landscape Architecture Inc. copies of which path system within the Village Greens, the Pocket are at pages 2 and 3 of the Manual. The path Parks and other open space areas shall be finished system within the Village Greens, the Parks and in hard surfaces such as asphalt or compacted other open space areas shall be finished in hard clay. Such trails shall be designed substantially in surfaces such as asphalt or compacted clay. While accordance with the quality levels and design not all portions of the trail system within Ashville features as depicted on the exhibit entitled "Open Park will be open to the public, a continuous trail Space" prepared by Stephen Fuller Places, LLC, system from Princess Anne Road to Flanagans which exhibit is part of the Manual.While not all Lane that will be open to the public either through portions of the trail system within Ashville Park will easements over some of the trails on the Home be open to the public, Grantor shall provide a Owners Association property, or the provision of continuous trail system from Princess Anne Road sidewalks and trails within the public right of way to Flanagans Lane that will be open to the public section between Princess Anne Road and HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 8 either through easements over some of the trails Flanagans Lane. 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. 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 Plan. Multipurpose/ Equestrian Trail shall be open to the public. 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 20,000 Street in Feet 30 square foot lots and 30 for lots less than 20,000 vi. Minimum Rear Yard Setback in Feet 20 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 in ix. Minimum Setback from Sidewalk on Lots 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 than i. Minimum Lot Area 45 Lots in Square Feet 18,000 20,000 square feet ii. Minimum Lot Area 71 Lots in Square Feet 13,500 iii. Minimum Lot Width in Feet 90 Minimum Setback from Sidewalk for lots containing iv. Front Yard Setback in Feet 30 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)Villag D1 Minimum-Let-Area-in-Square-Feet 4-24= ii. 80 25 iv. 5 30 v. . . Street-in-Feet 20 vi. 24) vii. . . . . Square-Feet 5-feet viii. 40% ix. . . sidewalk x. 40 exceed-2 eteries) 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. New Proffer 37: Grantor agrees to dedicate to Grantee all or any portion of the area depicted and designated "25+/-acres to be dedicated to the City of Virginia Beach for stormwater management facilities and/or passive open space" on the Master Plan subject to the stated use restriction. 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) HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 11 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 I AG-1 and AG-2 Agricultural Districts 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 (LEEDT") 'Certified' rating, (p. 4-1 to 4-4, 4-19, Policy Document prior to amendments of February 3, 2015). HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 12 • IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)I 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 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 1 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 '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 Zoning 9 Princess Anne Elementary 502 586 55 55 0 HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 13 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). • • EVALUATION AND RECOMMENDATION The applicant is requesting a Modification of Proffers(from the 2005 rezoning and its 2011 modification). The applicants 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 development's 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. HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 14 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. NOTE:Further conditions maybe 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 • ,. Sandbild 9e Sy' i S e , f:- , 4 ..- • . 4)) ,, , .. i> ,.. - • - , . , - s-- . . ,. u., - . . d CC C.- 0 - . I ',44-1t.7437 VI 0 E LI- Ci- 0 7; • ..67 i ,.._ u., „.. .,. 0 (= 0 LL" ..",0 1:-IL ..‘' • , I— <C LI- 0 • AO •';'::: - j. ' I .....,7 r, ,/, •, • • 7)oe4°4 - , a •, me •Ce' •10 ' AERIAL PHOTOGRAPH OF SITE AND SURROUNDING AREA HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 16 al w III W a 11 9�i v K . neo 8 Lir i11111 *ARO' u € r r :11- 81111iii 4*/1///I!/111s i a AL :1111111,4v. ii 11 egg :: i liiiiiii -11142 g:�:=.(1111 .i 0 a ti) LE al cz 1-4 g S I ! Ili ' 1 wiiii ilii`` ' iv go imumr4 rim .� • IN MO �Ifl1!P _ * i r .. /El al "low, ig\L r r. 1 n d d • S t AIS I A A oi I. . ; Updated Village Plan dated May 1, 2018 HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 18 CC a �i w % ti 3 4 \ 11010111011-M •• r . ,,,„ wir# ..,_ Ao . • ,,,,,:z„4....2.-Z ii44H, ;"w.s, I iTI I I .4 11111111 . i ! / ' 1) , : ;f: /. ' j 1,y . '.. S s .t .:.a '1,t(, . .. r I ? 1 i i I ''Z it 1 1 1I i i • ) 4 P i p to Ev x3 1; x ■ ■ 0 Updated Village Plan dated May 1 , 2018 HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 19 Z R a °` t _IAS • II E 4 i4 5 P8 J cts I %j s� 11 ego I i Hi — ::::17:77:11111111i c %=..Ir1.- > ' Nt al 1 = NEIN %„:liilii 4 * i 1111.M lanli * *0♦ o . gS I.1.111111■/all-- 1611= E'o �$S�R ==li-- W > iWit Muma0.. =lt �A M3 ° t ''-5' .. : 1101 d L M 7�L _ \� 1 i � , , $ ��X i 1�t46 1 � ' i Y $ Ihi1 111 i e g . , 1 1 31. ip • ,. , ,, a 3:.- Ci 9r r , 1. \ i €€ \ Cul w 1' C j '0 - in _t e p. REVISED PROFFER 1 / PAGE 1 FROM Old Master Plan dated THE "ASHVILLE PARK MANUAL" December 19, 2014 See page 19 for updated plan HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 20 u ct F e. C y 3 -i I E p E R b e 6 S Y E d 1 $�U�IuUI11114 , , ,.j a IIIIIIIIIII*4#*li _ I, A , i 1 iii,.... it, .i.,,\..1 . ,.,,, .. 4...._„.... _f '' i .10,-..t,-... 0 tiiI:: ,,t1.0._. + ti, y/ IN zt4m--Imimi:amir--* I 4 ,50.-----"44-,,,,'4 6 71 • e a ' y § $ 1 F e A i i T 1y� 7. F i e I. o 1s l • REVISED PROFFER 1 / PAGE Old Village Plan dated 2 FROM THE "MANUAL" — Village C December 19, 2014 See page 20 for updated plan HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 21 cn cct ° x Q, CL x • CZ A ; ' n15 , r , Y xE. a{ I C > ! d H 3 $ s it,'- 1! it 1 , • r: . , , c 1 . . .. h --.."' Viri f et•r.t"A" 5, , teglab '. ' '.3 Z L L 5 C 1� E t > Cts g i ?I 1 E E ' uI .. ,. REVISED PROFFER 1 / PAGE 3 FROM THE Old Village Plan dated "MANUAL" - Villages D & E December 19, 2014 See page 21 for updated plan HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 22 cn (1) ,2 U J w - ._ . i p&k.li c E 7. :.-,-Si.,O U tr•7 1 III ai w� 1Z PAGE 4 FROM THE "MANUAL" — Community Entrances HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 23 t W * ...•r,`1•. • �.y- $.A y _ , -74111'11.i-71,• , �;, � 1. •-, ..• 4 ,.t ,,...,-.. ,,, _,... it,. 1 _h ten, , �.' {".- - , t L► t< • ' ilL 1. ii ' "' �` 1 M .f REVISED PROFFER 3 / PAGE 5 FROM THE "MANUAL" — Flanagans Lane Community Entrance HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 24 tn 0 0 N a r, r .a -=r�,; >% 4_ !E 1 • .i 1!!ii 1 l ll • ' 6 i: . 1t' il �y «, ;` ' w 1 g .p1 I or ,i .i «``ate\':-.1I i �. 1 '. 4 .1 ; \' �f 'il j(I ---- - ,;iN+, s � I t3 . t i ' N " ' 1 : N T g 1 1 n '{ 11 I ,1 ; i 1\ • • REVISED PROFFER 7 / PAGE 10 FROM THE "MANUAL" — Typical Sections HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 25 4y g •0a - _ < a t e'e , �, E 3 g° G 1 yq Ii O0 � N N I. 1• 1 t 1 - ( CO r ^. -,\`:' ' i - , 43 , ,....):' , i , • 1. .. '. ' .' ":711141. l' -'':. PI , a - i IL iik, ,,;< 6 T ,r O , � O 1 IP Iii)\ . • ' i 10 4 it -:. 1 .1 \ '. l , REVISED PROFFER 19 I PAGE 6 FROM THE "MANUAL" — Community Amenities HOFD ASHVILLE PARK, L.L.C. 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Agenda Item 3 Page 31 PRINCESS ANNE Map o,KC-13-14 HOFD Ashville Park, L.L.C. rA V117.„-7-... -TAMpt....r:',74: N k. iksia74**j: !iaL '‘„/4 _it- JOE $*,40A1 __u_i+< �-i; ,Itiv .° ,p-ik t.....,,,,,for .,,,.. ,':4Prd "Aft ziprNi. .-Tswi. tiw iii!.. _ �.i. like,.,4#04%, � r411111/4`1, ,,,;:v ; NB)L koikl."Nlikilni\ NS. --"4-.4111J444:71, 1:111:7"--iiir4 11141P:41114611.1ttairit 41M 5,„ I , -.A.45.41 tzs...t --..--,,-,--4t ii, 111 .. lit :is viei%,...!„ "....:. :,. • -; 2 • 1 2: AG2 •��\ AG1 • MAGI rat&. l ► O l�B=�l�ij� AG1• oP• �k ��tv. ir Vi-c) —aims- , ` AG,1 •Zoning with -•,tion.,Prolfirs,Ow Spic.Promotion Modification of Proffers ARP-Agrkukural Ra.rv.Program Overlay ZONING HISTORY # DATE REQUEST ACTION 1 02/14/2012 Modification of Proffers Approved 05/10/2005 Conditional Rezoning (Conditional PD-H2 Planned Unit Development Approved District[R-30 Residential District and P-1 Preservation District]to Conditional PD-H2 Planned Unit Development District [R-30 Residential District and P-1 Preservation District]) 02/24/2004 Conditional Rezoning (AG-1 &AG-2 Agricultural to Conditional PD-H2 Approved 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) Conditional Use Permit(Open Space Promotion) 2 00/00/2000 Change of Zoning (AG-2 to R-15) Denied HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 32 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 33 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 e _ .. 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 _ A- 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.nus,be eptattd two(2)weeps Pr to any Page 1 of 7 [stunning Commission and Cry Council meeuno that pertains to the Epp/catmnlsl 'NOTIFIED. AP [] NO CHANTSO Of DATE HEAR/NC p( iNo CHANCES AS or _ Tr L 7117119._. Jimmy McNamara %d REVISIONS SUBMITTED T11 HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 34 VB Virginia Beach l 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:HOFD Ashville Park,LLC If an LLC, list all member's names: Homered Corporation, Manager: Christian Foulger, President;Erin Rohe, 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 or affiliated business entity 2 relationship with the Applicant (Attach list If necessary) See next page for information pertaining to footnotes' and 2 e SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is Afferent from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. X Check here if the PROPERTY OWNER 15 a corporation,partnership,firm, business,or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name.Ashville Park Owners Association If an LLC, list the member's names: Page 2 of HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 35 Virginia Brach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) Ashville Park Owners Association, Inc.:Christian Fou!ger, 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 SO percent of the voting power of another corporation Sn State and Local Government Conflict of Interests Act,Va. Code§22.3101 2 "Afflhated business entity relationship" relationship. other than parent-subsidiary relationship.that exists when(i)one business entity has a controlling ownership interest in the other business entity.On a controlling owner In one entity is also a controlling owner n the other entity,or On) 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 parson or substantially the same person ownmanage the two entities, there areon or commingled funds orsets;the business entitles share the use of the same offices or employees or otherwise share activities, c or personnel onregular basin, or there is otherwise a close working relationship between theemitles' See Stateand Local Government Conflict of Interests Act, Va.Code§ 2.2.3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or business operating or to be operated on the Property. if the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION S EPERATELV Page 3 of 7 HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 36 APPLICANT 34Aca!li -- - YES NOl SERVICE PROVIDER use neeun neeeded)ed) n ® Accounting and/or preparer of your tax return X ❑ Architect/Landscape Architect/ LSG Landscape Architecture.Inc.; Land Planner Looney Ricks Kiss Architects --- __.-- P ❑ X theContract cant)-identify (If ti y other than the uhaser-Identify p Ovide sr and purchaser's service providers Any other pending or proposed /L� • Z purchaser of the subject property (identify purchaserls)and purchaser's service providers) • nLciConstruction Contractors - - --:- Engineers/Surveyors/Agents i,Kimley-Horn Financing(include current C ❑X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) N I I Legal Services Sykes,Bourdon,Ahern&Levy.PC. Real Estate Brokers/ n ® Agents/Realtors for current and anticipated future sales of the I subject prpperty_ _ 'Harry R.Purkey,Jr.,Esquire;Pegged&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 Ivi an interest in the subject land or any proposed development ▪ LTJ 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 HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 37 NIB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application_ HOED Ashville r:=PaM Av C� /.LLC Christian Foulger.President hS s/�a APPLICANT'S SIGNATURE I ✓ PRINT NAME DATE Page 5 of HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 38 OWNER Virginia Reach [ needed/ ee YES [NO SERVICE PROVIDER ruseadditionssneer:ir Accounting and/or preparer of -� l I your tax return ❑ Architect/Landscape Architect/ Land Planner Contract Purchaser(If other than El ❑ the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed X purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ZConstruction Contractors ❑ ® Engineers/Surveyors/Agents Financing(include current mortgage holders and lenders ❑ X selected or being considered to provide financing for acquisition or construction of the property) Legal Services Sarah R.Palamara.Esquire Real Estate Brokers/ ri N Agents/Realtors for current and /V anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have nI� an interest In the subject land or any proposed development I ID 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 HOED ASHVILLE PARK, L.L.C. Agenda Item 3 Page 39 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. Aanvlb Perk own s ion.Inc Christian FDulger, President By C YI-� PROPERTY OWNER'S SIGN RE ✓ PRINT NAME DATE DATE �- Page 7 of 7 HOFD ASHVILLE PARK, L.L.C. Agenda Item 3 Page 40 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 MI 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 82 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 Y: 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 HOED 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 INMAN 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. ASHVILLE PARK COMPOSITE LIST OF THE APPLICABLE PROFFERS (after 2"d Amendment—August 2018) r. The Property,which includes all of Villages"C"and"E", along with the area previously designated "Village D" shall be developed substantially as shown on the Exhibit designated "Ashville Park" "Master Plan", dated May 25, 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"). (2o18 Proffers) 2. The principal entranceway to the Property shall be from Princess Anne Road which shall be substantially similar in design and quality to the exhibit entitled "Community Entrance Princess Anne Road" a copy of which is contained within Section V of the development manual entitled "Ashville Park" prepared by Stephen Fuller Places, LLC, a copy of which has been exhibited to the City Council in conjunction with this Zoning Ordinance amendment and is on file with the Virginia Beach Planning Department(hereinafter the "Manual"). (2005 Proffers) 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. (2018 Proffers) 4. Prior to the issuance of the first residential building permit within Village C and upon completion of at least two lanes of the public right-of-way running through Ashville Park from Princess Anne Road to the second entranceway of the Property at Flanagans Lane as referenced in proffer number 2, Grantor shall cul-de- sac Flanagans Lane within the confines of Ashville Park at two locations where depicted on the Master Plan. In addition to this improvement,Grantor shall maintain a loo'buffer area along the portion of the northern most property line of Ashville Park, located directly to the north of Village D,in Section IV of the Master Plan. Within this 100' buffer area, Grantor shall install an undulating berm and solid 6' high fence, substantially as shown on the Exhibit entitled Conceptual Site Layout Plan of Ashville Park, Berm Plan, Virginia Beach,VA., dated 2/08/05, prepared by MSA, P.C.,which plan shall have been exhibited to City Council and on file in the Planning Department of the City of Virginia Beach (hereinafter"Berm Plan"). The berm and fence shall be installed within the roo' Buffer prior to the completion of the development of Villages A and B as identified on the Master Plan. Any multi-purpose equestrian trails or pedestrian paths located adjacent to the berms shown on the Berm Plan, shall be located on the side of the berm facing Ashville Park. (2005 Proffers) 5. The Grantor shall dedicate to the City of Virginia Beach sufficient land along the portions of the Property adjacent to Princess Anne Road of 55' in width as measured from the centerline of the right-of-way, to accommodate an ultimate no' right-of-way. In addition to said dedication, Grantor agrees to dedicate to the City an additional 15o' wide buffer as measured from the ultimate right-of-way dedication. 1 The dedicated buffer shall be for public purposes including open space, buffers, landscaping, utilities, roadways and trail purposes. Said buffer shall not restrict the development of the "Community Entrance Prospective" within Section V within the Manual. The dedications referenced in this proffer #5, shall be made concurrently with the recordation of the final subdivision plat for the first phase of development of the Property. (2005 Proffers) 6. The Grantor agrees, during detailed site plan review, to conduct a Traffic Impact Study of the impacts of Ashville Park. The Grantor agrees to substantially complete or bond the required improvements on Princess Anne Road at the entrance to Ashville Park that are called for in the Traffic Impact Study. Said improvements shall be substantially completed or bonded prior to the issuance of the first permanent occupancy permit for residents within Ashville Park. (2005 Proffers) 7. The internal streets within Villages "C" 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 ISG Landscape Architecture Inc., a copy of which is at page to of the Manual. (2018 Proffers) *Note:The internal streets in Villages A and B have been completed and dedicated in accordance with the previously proffered "Typical Street Sections Plan" prepare by MSA, P.C. dated February 8, 2005 making proffer #7 in the 2005 proffers moot. 8. All street lighting installed on the Property shall be a decorative style fixture and the height and separation of street lights shall be determined during the detailed site plan review. (2005 Proffers) 9. The trees planted within and adjacent to the public right-of-ways on the Property shall be double the total tree canopy requirements for public right-of-ways as set forth in the Department of Public Works Landscape Manual of the City of Virginia Beach. (2005 Proffers) to. Subject to confirmation by the City of the necessary 5o' wide right-of- way widths and receipt by the City of all environmental permits from the Army Corps of Engineers and Department of Environmental Quality, Grantor shall substantially improve or bond the costs of right-of-way improvements to Flanagans Lane beginning from the eastern-most entranceway to the Property from Flanagans lane,continuing in an easterly direction to the intersection of Flanagans Lane and Sandbridge Road. Said improvements shall be substantially completed or bonded prior to the issuance of final occupancy permit for the first residence in Village D or E as depicted on the Master Plan. Said improvements shall be the widening of the existing lane with and the piping of the adjacent ditches,together with the portion of the future right-of-way traffic simulation generated by Ashville Park as determined during the detailed site plan review and the Traffic Impact Study performed by Grantor. These improvements shall be consistent with CIP Project No. 2.021.000 for rural road improvements in the City of Virginia Beach's Capital Improvement Program. (2005 Proffers) 2 11. The Grantors shall record a Master Deed of Covenants, Conditions and Restrictions("Restrictions")governing the Property. All land owners within the PDH- 2 District shall be members of a Home Owners Association responsible for maintaining collectively all common areas on the Property. The Restrictions shall be enforced by one or more Home Owners Association,which Restrictions, shall among other things, restrict the use of the open space areas for any purpose, but recreation and open space use. Such covenants shall run with the land and be in full force and effect for a period of at least fifty(50)years. These covenants shall become part of the deed of each lot or parcel within the development. Such covenants shall be approved by the City Attorney and recorded before the first building permit in the project is issued. (2011 Proffers) 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. (2018 Proffers) 13. Villages"A","C"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"H"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. (2018 Proffers) 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. (2018 Proffers) Note: This modification applies only to Village A and it has been implemented. 15. A Letter of Map Amendment ("LOMA") must be approved by FEMA before any development may proceed within any Special Flood Hazard Area. (2005 Proffers) 16. The residential lot tree canopy for each residential lot on the Property shall be double the total canopy cover specified in the City of Virginia Beach's "Residential Tree Request Table"in effect as of September 1, 2003. (2005 Proffers) 17. A minimum so' buffer shall be established on the perimeters of the Property as shown on the Master Plan. No structures shall be allowed within the buffer area and the buffer area shall be maintained by the Home Owners Association. No 3 community wide or other activity other than maintenance shall occur within the Buffer area. (zoo5 Proffers) 18. One Recreational Activity Area shall be designed, constructed and built on the Property between Village"A"and Village"C", substantially where indicated on the Master Plan. The facility shall provide indoor amenities,meeting rooms and active outdoor recreational amenities. No outside recreational fields or sporting areas shall be lighted to permit sporting events at night. This restriction shall not prohibit lighted outdoor swimming pools or lighted outdoor tennis courts provided that any such lighted tennis courts must be setback a minimum of 150'from a residential property line. Outdoor lighting installed for the swimming pools or outdoor tennis courts shall be directed downward toward the swimming pool or tennis courts play area. (2011 Proffers) 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 ISG Landscape Architecture Inc., copies of which are at pages 6 and 7 of the Manual. The Recreational Activity Center shall include a Clubhouse (minimum 3,40o 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" or "E". (2018 Proffers) Note: These Amenities have been permitted,completed and in sue for three(3)years. zo. In addition to the buffer areas, linear parks, pocket parks and Village Greens within Villages A,B,C,D,and E,Grantor shall set aside as open space the areas shown on the Master Plan. Said areas shall be for the benefit of the owners of the property within Ashville Park. These areas shall be set aside for passive enjoyment and recreation for uses such as Lakes, Meadows, Forested Areas and Landscaped Vistas. These areas shall be maintained by the Home Owners Association. (2005 Proffers) 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 any Ashville Park Drainage Improvements(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. (2018 Proffers) 22. The combined areas set aside for recreation and open space within the Ashville Park Subdivision, or dedicated to the Grantee for stormwater management facilities and/or possible open space shall not be below 57% of the 452.8 gross acres 4 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. (2018 Proffers) 23. Grantor shall donate $r,000.00 for each residential lot developed on the Property to the City of Virginia Beach Department of Parks and Recreation into the Open Space Site Acquisition program more specifically referred to as CIP Project No.4.004000. Grantor's per lot donation should be paid to the City at the time of the issuance of each building permit or each residential lot within Ashville Park. If all or a portion of said donated funds have not been used by the City of Virginia Beach within twenty (20) years for the purpose for which they were dedicated, then they may be used by the City of Virginia Beach for other municipal purposes, as the City shall in it sole discretion deem appropriate. (2005 Proffers) 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 ISG 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 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 Flanagan Lane. (2018 Proffers) 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 t0 of the Manual. The Multipurpose/Equestrian Trail shall be open to the public. (2018 Proffers) 26. Grantor shall include within the Restrictions governing the Property, a requirement that the design and building materials for all fences,homes and accessory structures must be reviewed and approved by an Architectural Review Committee of the HOA to insure design and quality compatibility. Said restrictions shall run with the land as allowed under the laws of the Commonwealth of Virginia. (2005 Proffers) 27. 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. (2005 Proffers) 28. All residential dwellings constructed on the Property shall be constructed with a minimum of a two(2) car garage. (2005 Proffers) 5 29. All residential dwellings constructed within Villages A,C, D and E shall contain no less than 2,40o square feet of enclosed living area, excluding garage area, for any one-story dwelling and no less than 2,600 square feet of enclosed living rea, excluding garage area,for any two-story dwelling. (2005 Proffers) 3o. All residential dwellings constructed within Village B shall contain no less than 1,800 square feet of enclosed living area,excluding garage area,for any one- story dwelling and shall contain no less than 2,100 square feet of enclosed living area, excluding garage area,for any two-story dwelling. (2011 Proffers) 31. Grantor shall utilize low impact development techniques where possible on the Property to encourage storm water treatment and ground water recharge and discourage storm water runoff and erosion. (2005 Proffers) 32. All residential dwellings constructed on the Property shall be constructed in accordance with the construction criteria applicable to homes located within the 70 to 75 Db Ldn/STC ratings of not less than 44 for roof/ceiling/exterior walls and 33 for windows/doors, even though no portion of the Property is located within this noise zone. (2005 Proffers) 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 too iii. Minimum Front Yard Setback in Feet 5o iv. Minimum Side Yard Setback in Feet 10 v. Minimum Side Yard Setback adjacent to a Street in Feet 3o 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 (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 3o v. Minimum Side Yard Setback in Feet 10 vi. Minimum Side Yard Setback 6 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"E" i. Minimum Lot Area in Square Feet 20,000 ii. Minimum Lot Width in Feet loo iii. Minimum Front Yard Setbacks in Feet 40 iv. Minimum Side Yard Setback in Feet 10 v. Minimum Side Yard Setback adjacent to a Street in Feet 3o vi. Minimum Rear Yard Setback in Feet 20 vii. Minimum Rear and Side Yard Setbacks for an Accessory Structure no greater than 15o square feet 5 feet viii. Maximum Lot Coverage 3o% 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 (2018 Proffers) 34. The dimensional requirements applicable to development within Village B on the Property shall be as follows: Minimum Lot Area in Square Feet: 7,200 Minimum Lot Width in Feet: 6o Minimum Front Yard Setback in Feet: zo Minimum Side Yard Setback in Feet: 5& 10 Minimum Side Yard Setback Adjacent to a Street in Fee: 20 Minimum Rear Yard Setback in Feet: zo Accessory structures of no more than 15o square feet: 5 rear and side yard setbacks 7 Maximum Lot Coverage: 4o% Maximum Height in Feet: 35(not to exceed two stories). (2005 Proffers) 35. For lots encumbered by a linear park and/or pocket park,the Minimum Lot Width may be measured along either the property line abutting the public right- of-way, or the boundary of the portion of the linear park and/or pocket park located toward the interior of the lot. (2005 Proffers) 36. Further conditions mandated by applicable development ordinances may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. (2005 Proffers) 37. Grantor agrees to dedicate to Grantee all or any portion of the area depicted and designated"25+/-acres to be dedicated to the City of Virginia Beach for stormwater management facilities and/or passive open space" on the"Master Plan"subject to the stated use restriction. (2018 Proffers) H:\AM\Mod of Proffers\HOFD Ashville Park\zot8\Composite List of Applicable Proffers.docx 8 t 00 77 CV CI >-. 03 2 7. • 1 ir,., .. . 1 1-- . 44. ' :• Z , ...... . *: . -, ..i.• .& A d li • • .. VV.,. 1C3;-.7" • 7'N \, '.' '174•1`;'.a . -1.' '7; ,•;,c. opt .. ,. ... •. c . • . • ,}i.wiLF,.. ....e .. .. Jii 'II,ii. • ' ' t 1.01-77: 7" I 7.1tAi - . • s- • b' '': . 4 4 . •., . ' . • ''-• .. • ''''''.4` „. 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II II ' 4o 2 rry! a 3 y 1 r i 1 t 0 ' )III ��ir 1� t = ` i `,...• ^44 . rt j A._f o , ot.?1,4,. it ,4 r ei i..,,,, .4' -5 r 7��� `` ':-.1-0 :111 t C .109 ,, ,a f S, C- f� uac t,- • u v f/ r,0 M u O r IIIC ° 4 8 ° E � • y�. oo _� ` as • r !!Ii/ u 51 2.Y c= J SagNtA;BEto 0 r,� G 4 s CITY OF VIRGINIA BEACH • 7, J INTER-OFFICE CORRESPONDENCE OP 4. .000 In Reply Refer To Our File No. DF-9247 DATE: July 27, 2018 TO: Mark D. Stiles ,/1 \ DEPT: City Attorney FROM: B. Kay Wilsonto 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 August 7, 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: 2413-47-3302-000o (Parcel "A") 2413-47-6437-0000 (Parcel"B") 2413-55-8602-000o (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, 5, 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 gro 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" and "E", along with the area previously designated"Village D"shall be developed substantially as shown on the Exhibit designated "Ashville Park" "Master Plan", dated May 25, 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" 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 10 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" 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 "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 ISG Landscape Architecture Inc., copies of which are at pages 6 and 7 of the Manual. The Recreational Activity Center shall 4 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" 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 any Ashville Park Drainage Improvements. 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 the Ashville Park Subdivision, or dedicated to the Grantee for stormwater management facilities and/or possible open space shall not be below 57% 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. H. 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"E" i. Minimum Lot Area in Square Feet 20,000 ii. Minimum Lot Width in Feet 100 Hi, Minimum Front Yard Setbacks in Feet 4o iv. Minimum Side Yard Setback in Feet 10 v. Minimum Side Yard Setback adjacent to a Street in Feet 3o 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% 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. The following Proffer numbered "37" is a new proffer: 37. Grantor agrees to dedicate to Grantee all or any portion of the area depicted and designated "25+/- acres to be dedicated to the City of Virginia Beach for stormwater management facilities and/or passive open space" on the"Master Plan"subject to the stated use restriction. 14. 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 7 hereby ratified, affirmed and applicable to the Property, along with the new proffer number 37. 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; (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 8 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: �.� (SEAL) /� / � Christian Foulger, P sld STATEITY/ OF no"f'- "�,, CITY/COUNTY OF �'L Pvt/f-' ,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. Notary Publi My Commission Expires: Notary Registration Number: iRISIAN MANOFF .` Fyq� Notary -California \' Diego County .4011 CSan ommission#2217078 • 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 y By: i f (SEAL) /� / �1Christian Foulger, STATE OF 1 0.1r17(�uh_ • CITY/COUNTY OF S-ftrt. DIP ' ,to-wit: The foregoing instrument was acknowledged before me this 0W-clay 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. 41 Notary ubli art My Commission Expires: Notary Registration Number: LRISTAN IMHOFF # . Notary Public-California San Diego County £ sion$ 217078 j J MyComm�lExpire,2Noy 1,2021 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 Ashville Park\2018\2nd Amendment to Proffers_final 7-24-2o18.docx 12 f 1 j ', ',:,:;: • /<\..) Vill \ji ler:1/43 Mil 0 ,i'''_.,,'';')' . .'*`',I) 9,., ,.,r 6 ,, ,f , , .., -,. ?d ,,.. -- A ,. -fr A '''' <3 ----C-\\ ,. , __,, \.,,) . ,,,,, .1,. . _ , /....... ? ._. , 0 _........,. , . 4 . r& '' , Q.. <0.-..-'.# 1 __ . . K.,, , 0 \ 0. ,,,,,,\/, i„ z,-- 0 ii,„ <,,,„\. , , ., 1/4. ,„,_ / ,,'\\, -.,..... (\/\-\;->- / „c..„ , _. _. , e "*--7 L _ . (' ' :'--. ilL - 0 //.•.‘..,,,,.. 7. . , O .ttlfa'N.4 ',11411141.01: ' , ,/, ,,,,,,,i4. ,, a. ---,..,ik,,-,. ,. t/. 0 (,}.‘ r' 0 c\-\\zit..? r---- 1101.44, ..*,/,i4p_ ,..:___ : , ..... . . \ a „...., , , 0 . . .. . . . . . . 1 e, •:::' 4 ir ir....„. . lliSb I I ' • NeSti (\NI r. i----,.,,,.. . ,. ,u) Cii. .-,...j • i OC �: cp 1 t•t t r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NATHAN HINCH WAICUNAS [Applicant& Property Owner] Conditional Use Permit (Retail Sales) at the property located at 1332 Stringfellow Court (GPIN 1465581325), COUNCIL DISTRICT— KEMPSVILLE. MEETING DATE: August 7, 2018 • Background: The applicant is seeking a Conditional Use Permit for a Home Occupation for Retail Sales in order to sell firearms and related accessories from the single- family dwelling. Operating as a Federal Firearms Licensed (FFL) dealer, the firearms will not be available for general retail sales to the public, but rather all such transactions will be by appointment only. • Considerations: The conditions reiterate that all federally controlled items will be stored in secured steel vaults and will be required to be secured in accordance with the Bureau of Alcohol, Tobacco, Firearms, and Explosives regulations. Any inventory of firearms on the property will be limited to that which are received and are awaiting pickup by the buyer. There will be no more than five hand-to-hand sales transactions per month. In addition, the City of Virginia Beach Police Department will conduct a security assessment of the home in the presence of the applicant within one month of obtaining the Conditional Use Permit. This is typically a very low intensity use. Commercial delivery of products will not occur at a rate greater than what is normally anticipated in a neighborhood setting. All shipments in which either a firearm or a federally controlled item is exchanged will be secured upon delivery by the applicant's signature, as is required by law. No packages containing such products will be left at the site without properly being transferred to the applicant. Further details pertaining to the request, as well as Staffs evaluation, are provided in the attached Staff report. There is no known opposition to this request, and the applicant provided six letters of support from surrounding property owners. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. Nathan Waicunas Page 2 of 3 1. The applicant shall obtain and maintain a Federal Firearms License through the Bureau of Alcohol, Tobacco, Firearm, and Explosives, as required by law. 2. The Home Occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 3. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 4. There shall be no more than five (5) hand-to-hand transactions per month at the dwelling. 5. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. 6. Not more than twenty (20) percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity with the home occupation. 7. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment. A report shall be written by the Police Department, a copy provided to the applicant, the Planning Department, and a copy retained by the Police Department. 8. All small arms ammunition, primers, smokeless propellants and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 9. There shall be no more than one (1) employee, other than the home owner, on the property associated with this home-based business. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. r Submitting Department/Agency: Planning Departmer� /LC� 'UI • Nathan Waicunas Page 3 of 3 City Manager: ,`k Applicant & Property Owner Nathan Hinch Waicunas Agenda Item Public Hearing July 11, 2018 City Council Election District Kempsville , ,„ti B Virginia Beach Request l J / f Conditional Use Permit (Home Occupation— � s -� Retail Sales (Firearms)) : I. n�o�,�>d; a e o I j. Staff Recommendation rt E'f i : Approval PF i /sr --.6. 4 .e I , ww.,, mk.,,..t Staff Planner Robert Davis . OIPAMS1 o a / k,0 Location ^ate 1332 Stringfellow Court �� 5,5. coh, "/ ..0,«• s —S GPIN / +y4,4, *46�'y r 1465581325 ^°os ` "4., 4' b.athw 41 , i Johnstown lane Site Size 6,524 square feet AICUZ Less than 65 dB DNL Watershed Southern Rivers r, .r •.'I'll ; Existing Land Use and Zoning Districtalti `, Single-family dwelling/ PD-H1 Planned Unit �;. ' _ Development �~ ' , � a/ _ t( ry ;�. , Surrounding Land Uses and Zoning Districts ✓ ti .3•'' 1 ' ' '""'' „Ai P '+.� ' North \,. •�>ti� �`./�;. , ,�� Single-family dwellings/ PD-H1 Planned Unit l �• r Development `''•y �� y% �' '1 South `�/ , ,,,,,�. Single-family dwellings/ PD-H1 Planned Unit t� ' : .,,ti �" Development i. A �. East , y `4 ,�., ', 0'"( ol Single-family dwellings/ PD-H1 Planned Unit aY ' - '' Development '1 ' .141 "...41 West Stringfellow Court Single-family dwellings/ PD-H1 Planned Unit Development Nathan Hinch Waicunas Agenda Item 1 Page 1 Background and Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Home Occupation for Retail Sales in order to sell firearms and related accessories from the single-family dwelling. • The applicant proposes to operate as a Federal Firearms Licensed (FFL) dealer. Firearms will not be available for general retail sales to the public, but rather all such transactions will be by appointment only.There will be no more than five hand-to-hand sales transactions per month. • The applicant will complete the required state and federal background checks before transferring the firearm to the buyer. • All federally controlled items will be stored in secured steel vaults and will be required to be secured in accordance with the Bureau of Alcohol,Tobacco, Firearms, and Explosives regulations.Any inventory of firearms on the property will be limited to that which are received and are awaiting pickup by the buyer. • No sign to advertise the business is proposed or will be permitted. • In addition, the City of Virginia Beach Police Department will conduct a security assessment of the home in the presence of the applicant within one month of obtaining the Conditional Use Permit.A report will be written by the Police Department and a copy will be provided to the applicant. R-1 Ply-H1 R-15 \ PD- 1 r I No Zoning History to Report ti J , PD-H1 R-15 B-2 PD-H1 6 \._ 7 / / PD-H1 n\ Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Nathan Hinch Waicunas Agenda Item 1 Page 2 Evaluation and Recommendation Section 234 of the Zoning Ordinance specifically addresses standards that regulate Home Occupations: (a) Not more than twenty(20)percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of the activity. Provided, however,this limitation shall not have application to family day-care homes. (b) No traffic, including traffic by commercial delivery vehicles,shall be generated by such activity in greater volumes than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such activity shall be met off the street and other than in a required front yard. (c) No sign shall be permitted. However,as an exception,the city council, upon a finding that a sign would not be detrimental to the surrounding neighborhood, may as a condition of the use permit allow up to one(1) sign, not to be illuminated or to exceed one(1) square foot in area, mounted flat against the wall of the residence. (d) No use shall create noise, dust,vibration, smell,smoke,glare,electrical interference,fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. (e) The following uses are specifically excluded: Convalescent or nursing homes,tourist homes, massage parlors, radio or television repair shops,auto repair shops, or similar establishments. The proposed request to operate a Home Occupation- Retail Sales(Firearms)from the existing single-family dwelling, in Staffs opinion,will not change the character of the surrounding area, as it will be a very low intensity use.Commercial delivery of products will not occur at a rate greater than what is normally anticipated in a neighborhood setting.All shipments in which either a firearm or a federally controlled item is exchanged will be secured upon delivery by the applicant's signature,as is required by law. No packages containing such products will be left at the site without properly being transferred to the applicant.The requirements of the Zoning Ordinance and the conditions recommended by Staff are anticipated to further ensure the compatibility of the proposed use and the safety of the surrounding area. As stated previously,the Virginia Beach Police Department will conduct a security assessment of the home.The assessment will consist of the following items: • Inspect all exterior lighting and recommend strategies for best lighting practices to be used. • Inspect all landscaping, looking for any conflict with lighting and any area where there may be places to hide. • Inspect all interior and exterior door and window locking devices to insure that they provide adequate home security against burglary. • Inspect all interior and exterior doors to determine adequacy of their strength against penetration by prying, force,or any other means. • Inspect and review any alarm system that may be installed on the home. • Inspect the room and safe where any firearms,firearm supplies,firearms parts,and money may be stored. • If there are children in the home,the assessing officer will review safety measures as it pertains to firearms and the children. The applicant has submitted six letters of support from adjacent and surrounding neighbors. Based on the considerations above, Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. The applicant shall obtain and maintain a Federal Firearms License through the Bureau of Alcohol,Tobacco, Firearm, and Explosives, as required by law. Nathan Hinch Waicunas Agenda Item 1 Page 3 2. The Home Occupation shall not create noise,dust,vibration, smell,smoke,glare, electrical interference,fire hazard,or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 3. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 4. There shall be no more than five (5) hand-to-hand transactions per month at the dwelling. 5. Delivery of firearms to the property shall be received on the applicant's property only,secured by the applicant's signature. 6. Not more than twenty(20)percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity with the home occupation. 7. Any firearm or firearm parts kept on the property shall be stored in a locked,secured vault or similar container. The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment. A report shall be written by the Police Department, a copy provided to the applicant,the Planning Department,and a copy retained by the Police Department. 8. All small arms ammunition, primers, smokeless propellants and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 9. There shall be no more than one (1)employee,other than the home owner,on the property associated with this home-based business. 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 Deportment 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(OPTED)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. Nathan Hinch Waicunas Agenda Item 1 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 does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts -50000010...f a, Pirea .tpphima }OrealteetedOl : Genrinntiec,. Stringfellow Court No Data Available Existing Land Use a-10 ADT i Proposed Land Use —10 ADT Average Daily Trips 2 as defined by one single-family 'as defined by a single-family dwelling 'LDS=Level of Service dwelling with a home occupation Public Utility Impacts Water&Sewer This site is currently connected to both City water and sanitary sewer service. Nathan Hinch Waicunas Agenda Item 1 Page 5 Site Photo .... , • `, ;1 '. 44'1. •"Dry i • - ���� x,r.J ` ,L011.141 Nathan Hinch Waicunas Agenda Item 1 Page 6 Disclosure Statement Virginia Beach APPLICANT'S NAME Nathan Hinch Waicunas DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board X Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 - SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to arty Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s) El APPLICANT NOTIFIED OF HEARING E NO CHANGES AS OF DAT L / pZ 2e c Robert A Davis D REVISIONS SUBMITTED DATF Nathan Hinch Waicunas Agenda Item 1 Page 7 Disclosure Statement Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Nathan Hinch Waicunas If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El 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 Nathan Hinch Waicunas Agenda Item 1 Page 8 Disclosure Statement 1113 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 entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the 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 Nathan Hinch Waicunas Agenda Item 1 Page 9 Disclosure Statement 'NB APPLICANT Virginia Beach YES NO L SERVICE J PROVIDER (use additional sheets if needed) 1=1 Accounting and/or preparer of your tax return I 1 NI Architect/ Landscape Architect/ t 1 Land Planner ❑ Contract Purchaser(if other than 1�1 the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ NI purchaser of the subject property (identify purchaser(s) and purchaser's service providers) • ® Construction Contractors 1=1 '=' Engineers /Surveyors/Agents Financing (include current PennyMac Loan Services ® I I 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 4 of 7 Nathan Hinch Waicunas Agenda Item 1 Page 10 Disclosure Statement • Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. • /v Nathan Hinch Waicunas 4/6/18 APPUCANT'S SICI�ATURE PRINT NAME DATE Page 5 of 7 Nathan Hinch Waicunas Agenda Item 1 Page 11 Item#1 Nathan Hinch Waicunas Conditional Use Permit 1332 Stringfellow Court District- Kempsville July 11,2018 CONSENT CONDITIONS 1. The applicant shall obtain and maintain a Federal Firearms License through the Bureau of Alcohol,Tobacco, Firearm, and Explosives,as required by law. 2. The Home Occupation shall not create noise, dust, vibration, smell, smoke,glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 3.There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 4. There shall be no more than five(5)hand-to-hand transactions per month at the dwelling. 5. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. 6. Not more than twenty(20)percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity with the home occupation. 7. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment. A report shall be written by the Police Department, a copy provided to the applicant,the Planning Department, and a copy retained by the Police Department. 8. All small arms ammunition,primers, smokeless propellants and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 9. There shall be no more than one(1) employee, other than the home owner, on the property associated with this home-based business. 1 Ms. Rucinski: Thank you Chairman Thornton,the first item on the consent agenda of the ten that we have today is Item Number One which is Nathan Hinch Waicunas. An application for a conditional use permit home occupation, retail sales on property, located at 1332 Stringfellow Court District Kempsville. Is there is a representative for this application? Come forward. Are the conditions acceptable to you? Mr. Waicunas:Yes ma'am. Ms. Rucinski: Right,thank you. Oh sorry, state your name for the record. Mr. Waicunas: It's Nathan Hinch Waicunas. So it's kind of a wacky name. Ms. Rucinski: Thank you very much. Is there any opposition to this application being placed on the consent agenda? Okay, you can have a seat. Okay, so since we have no opposition, the Chair has asked Commissioner David Weiner to read this into the record. Mr. Weiner: Thank you Ms. Rucinski. This is a conditional use permit for home occupation sales for firearms. The applicant is requesting a conditional use permit for home occupation for retail sales in order to sell firearms and related accessories from a single-family dwelling. The applicant proposes to operate as a Federal Firearms Licensed dealer with five hand-to-hand sales transactions per month. The applicant will complete the required state and federal background checks before transferring the firearm to the buyer. The items will be stored in a secured steel vault. No sign to advertise the business. City of Virginia Beach Police Department will conduct a security assessment of the home. We have recommended approval and put it on a consent agenda. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER ABSENT REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ms. Cartwright: By recorded vote of 10-0, the items number one, two, three, five, six, eleven, thirteen, fifteen, and eighteen have been approved by consent with commissioner Hodgson abstaining from item number 15. 2 I 1-‘.....)--' i act Q 'r i Ll C3 In Ce ---_,,........ C 1 • --*, f ,a ! ''' Lit <7< :t . 11114, I 411kN 4:\ ,..44440 94;01\. 1 l liik '414;°\ o_ II Ce 4 I 1 is \\\\0 \\\ 0- iiiiii. ‘: 1I 3 �.` 010 0 0 /Illr -----.'......"'•,, o +O . - CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BRITTANY PRIMMER [Applicant] BRANDI MILLER [Property Owner] Conditional Use Permit(Family Day-Care Home) for the property located at 1001 Eagle Point Drive (GPIN 1474596808), COUNCIL DISTRICT — CENTERVILLE. MEETING DATE: August 7, 2018 ■ Background: 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. The operation includes 24-hour care of children in order to accommodate parents who have duty and work night-time shifts. Typical hours of operation will be from 5:00 a.m. to 6:30 p.m. • Considerations: Family Day-Care homes provide a valuable service for families in Virginia Beach. The property has an enclosed back yard for the children to play safely outdoors, and adequate off-street parking. The conditions are designed to alleviate the potential for disturbance to surrounding property owners. Further details pertaining to the request, as well as Staffs evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 1. Arrival and departure times shall be alternated 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. No more than one (1) person, other than the applicant, shall assist with the operation of the family day-care home at any one time. Brittany Primmer Page 2 of 2 5. 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. 6. 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 Depart ency: Planning Departmen City Manager: Applicant Brittany Primmer Agenda Item Property Owner Brandi Miller 1 vB Public Hearing July 11, 2018 City Council Election District Centerville 3 Virginia Beach Request \ , .W Conditional Use Permit (Family Day-Care .) Home) ` ItIVAEagleO' Y s F Staff Recommendation RNeck Dnve Approval ,40°x' \ \ Y \ •-•' Staff Planner ..f °P0,° Sp�eK,px„e N Robert Davis \ •------\---) 1 n ::: ; Location 1001 Eagle Point Drive GPIN t v: 1474596808 Site Size 5,194 square feet AICUZ Less than 65 dB DNL Watershed Southern Rivers A i ,17 Existing Land Use and Zoning District , . i -`'k 4 e �y tii Single-family dwelling/ R-10 Residential • A. . •y "�- ' -, Surrounding Land Uses and Zoning Districts t 4.North '' ,.'-: Eagle Point Drive E %,o� / ; �L Single-family dwellings/ R-10 Residential \i, 4, South Belspring Drive I% r . ' "'' Open space, single-family dwellings/ P-1 p P g X Preservation, R-7.5 Residential ( r.,� `-:�� / •', ` East ; ' ,r Open space/ P-1 Preservation ` .+' i, 4 � "'/; ; F West Single-family dwelling/ R-10 Residential Brittany Primmer Agenda Item 3 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. • The property has an enclosed back yard for the children to play safely outdoors. • The proposed hours of operation are up to 24 hours a day including weekends as needed, but typical hours of operation will be from 5:00 a.m. to 6:30 p.m. ,i tigart Zoning History 41 # Request o • 1 REZ(R-6 Residential to P-1 Preservation)Approved cirtillr12/19/1983 o - - a [7 r R-7.5 0 t7il (- . 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 Staffs 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.To alleviate the potential for congestion of client parking in the right-of-way, Staff recommends a condition to alternate pickup and drop off times. 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 alternated 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. Brittany Primmer Agenda Item 3 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. No more than one (1) person,other than the applicant, shall assist with the operation of the family day-care home at any one time. 5. 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. 6. 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/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 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. Natural and Cultural Resources Impacts The site is located in the Southern Rivers 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 Eagle Point Drive No Data Available Existing Land Use 2 10 ADT Proposed Land Use -48 ADT Zas defined by one single- Sas defined by Family Day-Care Home s LOS=Level of Service family dwelling with up to 12 children Public Utility Impacts Water&Sewer This site is currently connected to both City water and sanitary sewer service. Brittany Primmer Agenda Item 3 Page 3 Site Layout 49/e A o/ht Opp. Ve • Existing Dwelling Je `r• Oe Fence Brittany Primmer Agenda Item 3 Page 4 Site Photos ..,.. -...- , I, ....t; . ,, .. . . cc ..c .• . ..:,.„-•• a- •• 1 . . • . .• .....4' * ' '.• • f.. 60,11ilk -• . 1.. , 11.• •'• • I .4' . i lit '...„.....t-', .... , 1 • 1-. •i 7. --.....- -..c. ..• -' ,..... ,. ...... / - — • ,. ,. ' -•, ... • -- air. . . • • i••;,,,,..,;s: '../.1.. '%.....:‘ kt-1,.i- _.',-'..•. ' - -------- -----_ ----------- Plill --'..-...::: .;•41t . , IT- ... .4 . .1.0 • _... _ I_,..-_,..,•-•-_,.--- ,----------------.-- ______• r'"• ' .' ' ...._ - -----,..- ----=--_-------_-_. ---------- ""." 0......0.1106 _....., . . ,4. „. 4.,•,,..;. ; , „... • ,Al2,4-,N,N14,.„„,,, .,,,••1,4 . '' . , ..,4. '' '• t 4'*"1" "1,s'•;.' ';',,`--V'1/416...,.._.4*-- ..; 1 1,.. -„4.......- i..),„e, ,..zu, •,7,,,x. 7 -..::.,,..,..44-;.••,,t,••:, 0• rt....,...4w. 44101.,orJ.i.• ' ...'. '''Jt•r.' '',x.•' •44- tit,:.4t osile'-,,,.J.• ,.1't.. soi„. Brittany Primmer Agenda Item 3 Page 5 Disclosure Statement 5 Virginia Beach APPLICANT'S NAME Brittany Primmer 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, Spedal Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board X Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained In this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 SECTION 1 / APPLICANT DISCLOSURE FOR Civ USE ONLY/A I aizciCn I re.,nit o oe epdaled:v,.n Ri w.rYa V'Kir nv Page 1 of 7 Pannirc Conm fission and Gry Cnunc I near q that pelta r}s to,the appIICxlOn15) El A PNLILANI NOTIREII OI-HIARMG O41E ▪ NO CHANCES AS UE :;ATE 7/a!/1ojpPAP Robert A.Davis • REVISIONS SUBMITTED DAIS Brittany Primmer Agenda Item 3 Page 6 Disclosure Statement Virginia Beach EICheck here if the APPUCANT 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_Brittany Primmer If an LLC, list all member's names: Charity's Child Care, LLC-Brittany Primmer 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 footnotesI and 2 4 e SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only If oroverty owner Is different from Am:Akan(. ® Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNFR IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name:_Brandi C_Miller_ If an LLC, list the member's names: Page 2 of 7 Brittany Primmer Agenda Item 3 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 I or affiliated business entity 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 shams 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 "Affiliated business entity relationship" means "a relatbnship, 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 (lip 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 actiyttes, 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.Codes 2.2-3101. ♦ • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiert 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 Brittany Primmer Agenda Item 3 Page 8 Disclosure Statement APPLICANT ginia Beach YES NO SERVICE PROVIDER(useaddidond sheets if needed) O ❑ Accounting and/or preparer of LegalZoom your tax return O ® Architect/Landscape Architect/ Land Planner Contract Purchaser Of other than ❑ ® LIN Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed 111 ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) H ® 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 / 0 ® Agents/Realtors for current and anticipated future sales of the subject property e e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what Is the name of the official or employee and what Is the nature of the Interest? Page 4 of 7 Brittany Primmer Agenda Item 3 Page 9 Disclosure Statement xB wgdse.rh CF1MFICATMfii I certify that all of the information contained In this Disclosure Statement Form Is complete,nue,and accurate. I undersand that, upon receipt of notification that the application has been scheduled for public hewing, 1 am responsible for updating the Infacmatan provided Stain two MIMICS prior to dm Manning Commission.Council,NDA mewing,or meeting of any public body or committee In connection with this gg P, titer _IR PRINT hy„ 'inmt4 abi- ' spa Page 5 or Brittany Primmer Agenda Item 3 Page 10 Disclosure Statement VB OWNER Vuzinis Beath YES NO SERVICE PROVIDER fuss additional sneewn needed) • ® Accounting and/or preparer of your tax return ❑ ® Architect/Landscape Architect/ Land Planner ❑ ® Contract Purchaser(If other than the AoolicanO- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (Identify purchaser(s)and purchaser's service providers) ® Construction Contractors • ® Engineers/Surveyors/Agents Financing(Include current Veterans Unked Home Loans ii ❑ 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 e e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an Interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what Is the nature of the Interest? Page 6 of 7 Brittany Primmer Agenda Item 3 Page 11 Disclosure Statement M3 yhtlWa lath CFRTFICATIONI I sentry that all of the Information conklned In this Disclosure Statemem rain 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 Cammkskwh Council,VADA meeting,or meeting of any public body or committee in connadkn with this ,I Application. ralC0"l?tj � _Isftif H I C. AA I NC( 30InPFf� mpmaIe a t*S 5O& I PRINT WAIF DATE Page 7 of 7 Brittany Primmer Agenda Item 3 Page 12 Item#3 Brittany Primmer Conditional Use Permit 1001 Eagle Point Drive District-Centerville July 11,2018 CONSENT CONDITIONS 1. Arrival and departure times shall be alternated 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. No more than one(1) person, other than the applicant, shall assist with the operation of the family day-care home at any one time. 5. 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. 6. 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. Ms. Rucinski: Thank you the next item on the agenda is Number three. An application for Brittany Primmer is a conditional use permit for family day-care on property located at 1001 Eagle Point Drive District Centerville and that is my district. Do we have an applicant for that? Can you please state your name for the record? Ms. Primmer: Yes, Brittany Primmer. Ms. Rucinski: Are the conditions acceptable? Ms. Primmer: Yes. 1 Ms. Rucinski: Alright, thank you. You may be seated. Okay this is an application requesting a conditional use permit for a family home day-care for up to 12 children in a single family residence. The property has an enclosed backyard for the children to play safely. The proposed hours of operation for this particular day-care will be 24 hours a day which includes weekends as needed for shift work and military. The typical hours of operation are from 5:00 a.m. to 6:30 p.m. The proposed conditional use permit requesC, in Staffs opinion, is consistent with the Comprehensive Plan's land use for the residential area, and it also does provide a valuable service to the families that live in the suburban area. To alleviate the potential for congestion of client parking in the right-of-way, Staff recommends that alternate pickup and drop off times are provided. For the reason stated above, the Staff approves this application and the applicant is good with the conditions. Ttherefore,we have placed this on the consent agenda. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER ABSENT REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE , Ms. Cartwright: By recorded vote of 10-0, the Items Number one, two, three, five, six, eleven, thirteen, fifteen, and eighteen have been approved by consent with Commissioner Hodgson abstaining from item number 15. 2 , . I \ , 03 1 i ,.. ,,.... 1 . I .., i ,.. ---- N I I 1.. . •, , .. ; . , 03 , . . . 1 I , . .. , ` \ . \ . ,. . , c-----\'0 1 , 1 ,----- '------- \--------. 1 I 1 1 , 1 .. I 1I . (III _-• \ , , / , • 01 ,\ , /: I 1%,.. 0 . .7\ ° • re // , I .7 C• \ .. . , 0 , • . II , .. .' . .. . ... / 1 16"` . .... . ... 1 <0* ... \ *\ ..-•-• .. .• II 02, ,......-- .., . ..." II. . piv" .., • c4 .•,/ ,, 1 .. . • , . 1 ., ,--( ,----- . . / ill ...-- . „..., . . ..- . Lo II III ((.•‘c) 1 it i LO 1 , . 1 Nix. iliiil • 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: EDITH MONROE [Applicant] EDITH & DANIEL MONROE [Property Owners] Conditional Use Permit(Family Day-Care Home) for the property located at 164 Onondaga Road (GPIN 1477225166), COUNCIL DISTRICT— BAYSIDE. MEETING DATE: August 7, 2018 • Background: 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. There is ample area on- site to accommodate client drop-off and pick-up, and there is a large fenced-in yard where the children play. • Considerations: Family Day-Care homes provide a valuable service for families in Virginia Beach. The property has an enclosed backyard for the children to play safely outdoors, and adequate off-street parking. The conditions are designed to alleviate the potential for disturbance to surrounding property owners. Further details pertaining to the request, as well as Staffs evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. 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. No more than one (1) person, other than the applicant, shall assist with the operation of the family day-care home at any one time. 5. 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. Edith Monroe Page 2 of 2 6. 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 Department/Agency: Planning DepartmenC.., u44,( City Manager. Applicant Edith Monroe1, ,,,,,,, B Agenda Item Property Owners Edith Monroe & Daniel Monroe Public Hearing July 11, 2018 City Council Election District Bayside 13 Virginia Beach Request Conditional Use Permit(Family Day-Care Home) u.vNand Smart cune.ce L,eR 44 a,rdumau.Weal ]outhwn gnawer d k i On,Una Staff Recommendation Mandan Komi t Approval I `o'e""""Oed ' G Pp .A•6'n ste. 4`n Q a �_ . �' 4, t vo'' . S .6f„a.„Su yr /4 6, q 4 �oow- r Staff Planner '. '"•..,p0� �...,f^' 4.6 ° ,g 6' ,. - $ Jonathan Sanders _ ill 101.-- „,0 e,s`3,,,,, /64 011.;::- ,d1114.0 \ Location 4`+.. �' ' ',.-.1,, ' .,Li 164 Onondaga Road �'+,'1 _ r""•''”" �, re��° '� GPIN �ad,d .\j ,�� `�, N. s'..‘° 1477225166 1‘0N, \ Site Size "" 9,245 square feet � AICUZ I k% Less than 65 dB DNL YI Watershed Chesapeake Bay Existing Land Use and Zoning District • Single-family dwelling /R-7.5 Residential , Surrounding Land Uses and Zoning Districts , 4 i . North l Onondaga Road e‘ %l , :- li,lit, Single-family dwelling /R-7.5 Residential r `' 4100 South _ sLikii �W 4 w ,rte`:.. k. • A. 'i r ! Retail /B-2 Community Business � �.: ;,. ,,, East • Single-family dwelling /R-7.5 Residential �`' West �..i. , Euclid Road ' • m �""`. Vacant lot/R-7.5 Residential l �~ Edith Monroe Agenda Item 13 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 23 years of experience working with childcare services and currently cares for two children and their grandson. • 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 Sunday. R-7.b • , B- )>. - Rs-7.5 ,\ Zoning History 8-2 # Request R-7.5 / 1 CUP(Church)Approved 12/05/2006 PPIP_ 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. Edith Monroe Agenda Item 13 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. No more than one(1) person, other than the applicant, shall assist with the operation of the family day-care home at any one time. 5. 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. 6. 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 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 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. 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 Onondaga Road No data available No data available Existing Land Use 2 10 ADT Proposed Land Use -48 ADT las defined by a single-family dwelling =as defined by a single-family dwellingwith a daycarewith up to 12 children Edith Monroe Agenda Item 13 Page 3 Public Utility Impacts Water&Sewer This site is currently connected to both City water and sanitary sewer service. Edith Monroe Agenda Item 13 Page 4 Site Layout 1014-1,47 ► • ` Ili ,t y off` f, ' , * . .. CQ' . . t . , jai •...V I r 4 > .�a �' • { Ell r' EV C[l e.• ''''... , '7 '' fir' A i ' . . - - f „� s_ g Edith Monroe Agenda Item 13 Page 5 Site Photos ^ -ti\ A, ,a ir »• _ P. - %-aV-4.,.•:t1:4 ' n . _ •, . -.- - ,, ilii t ,,asiiiiiilliw .: - _ ,. - , ;. Ii • r C s, 11 ii, veil, ,r, •f 4 � ..Wd • , F.. M? ~°,•Y;S,j . •fir • Edith Monroe Agenda Item 13 Page 6 Disclosure Statement Ott z w „ .: ``' _ 2'c¢ e.".:19, � 3 - APPLICANT'S NAME Edith Monroe 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 1 Disposition of City Modification of by City _ j Property _ Conditions or Proffers Alternative 1 Economic Development Nonconforming Use Compliance,Special I Investment Program Changes Eace•lion for (EDIP) Boardals of Zoning Encroachment Request Rezoning _., ___- Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Board Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board : • e The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. a t SECTION 1 / APPLICANT DISCLOSURE - Page 1 of 7 - 'f 2-7i8 j S Jonathan Sanders Edith Monroe Agenda Item 13 Page 7 Disclosure Statement , ® Check here If the APPLICANT IS NOT a corporation, partaershIpT 1Gm, business,or other unincorporated organization. O Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC,list all member's names: If a CORPORATION, list the the names of all officers,directors,members, trustees, etc.below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant. (Attach list if necessary) See next page for information pertaining to footnotesand 2 e a SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section I isr fiprppgly pglrgr fi Pit ferent from Applicant. ® Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. O 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.Daniel Monroe if an LLC,list the member's names. .. _... _.. Page 2 of 7 Edith Monroe Agenda Item 13 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 I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 'Parent-subsidiary relationship- means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation"' See State and Local Government Conflict of Interests Act,Va. Code§2.2.3)01 2 'Affiliated business entity relationship' relationship. other than parent-subsidiary relationship,that exists when 11)one business entity has a controlling ownership interest in the other business entity.Ili)a controlling owner in one entity Is also a controlling owner in the other entity,or lint there is shared management orcontrol between the business entitles. factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person ownmanage the two entities:there are common or commingled funds or assets. the business entitieshare the use of the same offices or employees or otherwise share activities, resourcesor personnel on a regular basis; or there is otherwise a dose working relationship betweethe entities See State and Local Government Conflict of Interests Act, Va.Code§ 21-3)0' e SECTION 3.SERVICES DISCLOSURE Are arty of the following services being provided in connection with the subiect of the Application or any business operating or to be operated on the Properly. 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] Edith Monroe Agenda Item 13 Page 9 Disclosure Statement a>*?? . 'S'"1 .k.H tv .yro„,t . aCr,nn r„ '4 s- t i .._. APPLICANT LEJ FNo SERVICE PROVIDER(aeearal sheets if Cri Accounting and/or preparer of Brittany Tax Service wha your tax return • ® Architect/Landscape Architect/ - - —� Land Manner ❑ ® Contract Purchaser(If other than the Aoolirant)-Identify purchaser and purchaser's service providers Any other pending or proposed ❑ M purchaser of the subject property d �1 (identifypurchaser(s)nnt • s Financial Mortgage Purchaser's service providers) El ® Construction Contractors ❑ �� Engineers/Sum ors/A Financing •(include current Ng ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • ® Legal Services _--- Real Estate Brokers/ ❑ 4 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 _... am proposed g ph oan official the employee ee of the Cityof Virginia Beach have ❑ ® an interest in subject land or any develo mens contingent on the subject public anion? If yes,what is the name of the official or employee and what is the nature of the Interest? Page 4 of 7 Edith Monroe Agenda Item 13 Page 10 Disclosure Statement ..YL YvgimiRBatch 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. APPLICANTS SF TURF PRINT NAME DATE A iL GG ,tom olR 81 Page 5 of 7 • Edith Monroe Agenda Item 13 Page 11 Disclosure Statement OWNER VirMnia Beach YES NO SERVICE PROVIDER ons adannral duewu needed) ® Accounting and/or preparer of Briny Tex Service your tax return ▪ ® Architect/Landscape Architect/ Land Planner Contract Purchaser(U other than ® 1N Aonikanb-identify purchaser and purchaser's service providers Any other pending or proposed ❑ ' purchaser of the subject property (Identify purchaser(s)and purchaser's service providers) ® Construction Contractors ▪ ® Engineers/Surveyors/Agents Financing(include current Omens Fnarnwl Mortgage ® ❑ 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 e e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an Interest in the subject land or any proposed development contingent on the subject public action? If yes what is the name of the official or employee and what is the nature of the interest? Page nil Edith Monroe Agenda Item 13 Page 12 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. TJH-ne2_ />7cwr,De. ,S-3'-/A RORRTY OWNER'S SIONAIaRE PRINT NAME DATE Page 7 of Edith Monroe Agenda Item 13 Page 13 Item#13 Edith Monroe Conditional Use Permit 164 Onondaga Road District-Bayside July 11,2018 CONSENT Ms. Rucinski: Okay, so we will move on to item number thirteen, which is Edith Monroe, an application for conditional use permit for Family Day-care Home on property located at 164 Onondaga Road,District Bayside. Is there an applicant here for that? Can you come forward and state your name for the record please? Ms. Monroe: Edith Monroe. Ms. Rucinski: And are the conditions acceptable to you? Ms. Monroe: Yes. Ms. Rucinski: Okay, you can have a seat. So the chair has asked Dave Redmond to read that into the record. Mr. Redmond: Mr. Chairman this is an application for a conditional use permit for a Family Daycare Home. The applicant has requested to care for up to 12 children within her home. She has extensive experience in childcare services. The site has a fenced in backyard with play equipment and some other amenities that are consistent with that kind of use as you can see there on the board. The hours of operation would be limited to about 12 hours. In a number of conditions under the usual suspect kind of conditions that we typically require, arrival and departure times are staggered. The applicant has to maintain a license with department of social services. In all respects, this seems to meet standards for a conditional use permit for this sort of site. We are unaware of any opposition and the commission consents. Thank you. 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. No more than one(1)person, other than the applicant, shall assist with the operation of the family day-care home at any one time. 1 5. 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. 6. 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. AYE 10 NAYO ABSO ABSENT HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER ABSENT REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ms. Cartwright: By recorded vote of 10-0, the items number one, two, three, five, six, eleven, thirteen, fifteen, and eighteen have been approved by consent with commissioner Hodgson abstaining from item number 15. 2 "'N44 \--------3 • .4? ., v. e VII" CD ci * . ., LID E =1 Ct - ----___-___-----_____-7-_ - - . . .,. . •..,. . ------ --________-- / NIL ‘1‘ i NSIb I In.. ikill 1:) 0 elk c li dill ligr 4111/ y- / ,_,__ -------- ---------------------__.._ ..,„ .._, 110 1141 iiiii 111 feti fj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DONNA C. DENHAM [Applicant & Property Owner] Conditional Use Permit (Family Day-Care Home) for the property located at 965 Edwin Drive (GPIN 1476037005), COUNCIL DISTRICT— KEMPSVILLE. MEETING DATE: August 7, 2018 • Background: 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. The typical hours of operation will be from 7:00 a.m. to 6:00 p.m., Monday through Friday. • Considerations: Family Day-Care homes provide a valuable service for families in Virginia Beach. The 10,000 square foot property has an enclosed backyard for the children to play safely outdoors. There is ample area on-site to accommodate client drop-off and pick-up. The conditions are designed to alleviate the potential for disturbance to surrounding property owners and avoid vehicular congestion on Edwin Drive. Further details pertaining to the request, as well as Staffs evaluation, are provided in the attached Staff report. Staff received one letter of concern from a nearby neighbor who described dissatisfaction with the increase in traffic that has occurred along Edwin Drive and noted the perception that will be a commercial use inappropriately located within a residential neighborhood. This neighbor was one of the two speakers who appeared in opposition at the Planning Commission public hearing. She noted additional concern about the potential for damage to occur to her fence from the children's outdoor activities and that she occasionally finds toys in her rear yard. The Planning Commission amended Condition 2 below to reduce the number of children permitted from 12, as recommended by Staff, down to eight. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 10-0. 1. Arrival and departure times shall be alternated to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to a total of twelve-(12) eight (8) children, other than children living in the home. Donna C. Denham Page 2 of 2 3. The applicant shall maintain a license for the in-home daycare operation with the Commonwealth of Virginia, Department of Social Services. 4. No more than one (1) person, other than the applicant, shall assist with the operation of the family day-care home at any one time. 5. 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. 6. 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. f... Submitting De•a It/Agency: Planning Department y,rh City Manager.% I �66yyv� F(�' Applicant & Property Owner Donna C. Denham Agenda Item Public Hearing July 11, 2018 City Council Election District Kempsville 3. 4 Virginia Beach Request ,o.0.• . 11 Conditional Use Permit (Family Day-Care 4 .' G4•4 Home) ` oyyo 0/ V Staff Recommendation r ,�'� Approval -W b, Staff Planner + Robert Davis i M04°•O'w. i -t/ Location sI / 965 Edwin Drive ! a r GPIN c i 1476037005 o g' -1 i Site Size 10,153 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District , ' �` ww` Single-family dwelling/ R-10 Residential (' • '. ' r; , f'• r . Surrounding Land Uses and Zoning Districts ° '`, ,� iiie t North Ifi%� -: Y r . , Single-family dwelling/ R-10 Residential S 14 4 A , . ti's t ,r South is „fir Single-family dwelling/ R-10 Residential .. ,.., '`.`• ,,HZ - East s. �t�+._l Y 1 ',; _ Y �; ? lierw Edwin Drive , t. Ai Single-family dwelling/ R-10 Residential . 4 �A A,,t._,i r' West ; r Single-family dwelling/ R-10 Residential i ..:-,'- 46-"4 �' �+ „r ti, Donna C. Denham Agenda Item 14 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. • The property has an enclosed back yard for the children to play safely outdoors and a large driveway that can accommodate up to four vehicles. • The proposed typical hours of operation will be from 7:00 a.m.to 6:00 p.m., Monday through Friday. _ R 10 R-1 1 r t %% No Zoning History to Report ..,- ..., ;i ,1 l L ? R-10 4 S C—�J __I' - / 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 Conditional Use Permit request for a Family Day-Care Home in Staffs 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 as well as outdoor play for the children. Staff recommends a condition that pickup and drop off times be alternated 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 alternated to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to a total of t..24 eight (8) children, other than children living in the home. Donna C. Denham Agenda Item 14 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. No more than one(1) person, other than the applicant, shall assist with the operation of the family day-care home at any one time. 5. 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. 6. 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/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 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. 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 Edwin Drive No Data Available Existing Land Use 2- 10 ADT' Proposed Land Use -48 ADT 1Average Daily Trips 2 as defined by one single- 3as defined by Family Day-Care Home family dwelling with up to 12 children Donna C. Denham Agenda Item 14 Page 3 Public Utility Impacts Water& Sewer This site is currently connected to both City water and sanitary sewer service. Donna C. Denham Agenda Item 14 Page 4 Site Layout Fence � I Existing ? Dwelling p` w J� 1 I Donna C. Denham Agenda Item 14 Page 5 Site Photos • , ,. '4, '..,, s. .1t,.'j'.r. gi 'Utor v,,i .,., , * ., • 4, . --r " . • j,a(10,,S. f ; 'f'''''-'•';"‘r. ' •,',.••.r,':. mV.rr.,:' , '-I A.. I' k tt 1 ' '' •••:•• s . . , .1 ^ A• •'' r, . , a r '••• 4 , 1..V 1,3 fc. • ;,,- ' t 1! c , •.'A ••- . -i...„,,---N • ••• . ., ., 1 - -, „,,, • ,- '••••1 1, . ' (1 .1:21,1..A1 • 4.a, , 4 i 'I.' k • f 41 IV. 'rge.,v, ' , q A --i .A- . . •41 . ' *11)1 • .1., , , •. ......, . t, .•,, -',•:•4 * .4.. ".. ''' ' `4...,„.......iii • e ?,-.• si . • ii • 2:1 • I1,•••• ' - !.. ,,, • ,)';•-•It;- , . •. 4 tbe..OW". f! .. ... r-- 1_ _-..• . • • • ., _...... itt - — - 7 • - AP,".• 4 NI, . . • 4,4APP..... -6 .1.41);• "'"'•41`% 44411;tritr°1154, ' I• 1 1 I1 - ........... .....immr.- ...:....."--,...- '41141e11111111111.."'Hilligil --,..........._. . ------e- ,lk • Donna C. Denham Agenda Item 14 Page 6 Disclosure Statement ir5'int!Beach APPLICANTS NAME DONNA DENHAM 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 Coundi 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 Devdopnrant Nonconforming Use Compliance,Special Investment Program Changes Exception for __ (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Franchise Agreement Street Ci Ch(Hieesapeake Bay toric itssiow Board) 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 ohm /All disclosures must be updated tw (i)weeks»or to any Page 1 of 7 Plan nm Commission and Cit Council meetin that ertains to the a Ilcacontsl. APPLICANT NOTIFIED OF HEARING DATE 0 NO CHANGES AS OF BATE .15-- INic Robert A.DdViS un REVISIONS SUBMITTED DATE Donna C. Denham Agenda Item 14 Page 7 Disclosure Statement B ® Check here if the APPLCANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ❑ Check here If the APPLICANTIS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Donna C. Denham If an LLC,list all members names: If a CORPORATION,list the the names of all officers,directors, members, trustees, etc.below: (Attach list if necessary) (8) 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 footnotesI and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 Ellfrifte21lintathAdaDDIEDIHMIDIEJES O 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 Donna C. Denham Agenda Item 14 Page 8 Disclosure Statement YL Virginia Hatch 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) 'varentsubskliary reWbrsMp' means 'a relationship that exists when one corporation directly or indirectly twos shares possessing more than 50 percent of the voting power of another corporation.' See State and Intl Government Conflict of interests Act,Va. Code S 2.2-3101. 2 'Affiliated business entity relationship' means 'a relationship. other than parent-subsidiary relationship,flat exists when 0)one buskins entity has a controleng wmrshb Interest in the other business entity,hi)a conboing owner in One entity Is also a onholilng owner in the other entity,or ON) 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 indude that the same person or subst.nlally the same person own or manage the two entities,Mere art common or commingled hinds or assets;the business wattles share the we of the sarne duces or employees or otherwise share adMtln resources or personnel on a regular balls; or Mere is otherwise a dose working relationship between die entitles.'See State and Local Government Conflict of Imeresa Act, Va.Code 5 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided In connection with the sublert of the apolcation or any business operating or to be operated on the Propesty. If the answer to any Item Is YES, please Identify the firm or Individual providing the seMce: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELV _ — _- -Page 3 of 7 Donna C. Denham Agenda Item 14 Page 9 Disclosure Statement APPLICANT vigin 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 El ® the Aoolirantj- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (Identify purchaser(s)and H purchaser's service providers) ® Construction Contractors ® Engineers/Surveyors/Agents Financing (include current Bank of America ® ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) O 0 Legal Services Real Estate Brokers / El 0 Agents/Realtors for current and anticipated future sales of the subject property e e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an Interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what Is the nature of the interest? My daughter-MMew.Taiyn Denham and my daughter,Meghan Denham we both employees of the city but neither has an Interest condngent on the subject public action. Page 4 of 7 Donna C. Denham Agenda Item 14 Page 10 Disclosure Statement XB Ynatnie Beach CERTIFICATIDhk 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, Courrdl, VADA meeting, or meeting of any public body or committee In connection with this Iitadon. L/ ,s06..14�� Donna C Denham 05/07/18 MRICIni'S SILMATInE PRINT NAME DATE Page 5 of 7 Donna C. Denham Agenda Item 14 Page 11 Item#14 Donna C. Denham Conditional Use Permit 965 Edwin Drive District-Kempsville July 11,2018 APPROVED CONDITIONS I. Arrival and departure times shall be alternated to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to a total of twelve(12)eight(8)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. No more than one(1)person, other than the applicant, shall assist with the operation of the family day-care home at any one time. 5. 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. 6. 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. Ms. Cartwright: The next item on the agenda is Item Number 14, Donna C. Denham. It's an application for a conditional use permit family day-care home on property located at 965 Edwin Drive and this is in the Kempsville District. If you could please state your name for the record. Ms. Denham: Donna C. Denham. Mr. Thornton: Welcome, give us a quick overview of what you are asking for. Ms. Denham: I am just trying to get a conditional use permit for a family day-care home. Mr. Thornton: Okay, thank you. Any questions for the speaker, David? Mr. Weiner: I do. I know this is on Edwin Drive. I am very familiar with Edwin Drive. I don't know what the opposition would be, but in the past if we had any problems with traffic, I mean people parking anywhere besides your driveway; do you let anybody park in the road, or are they parking in your driveway? 1 Ms. Denham: Yes,sometimes they do,but I think I am going to make sure that they don't,because I have four parking places in my personal driveway. So that's what I am trying to work out, to make sure they can park in my driveway. Ms. Rucinski: So have you being doing daycare at your residence currently? Ms. Denham: Yes. Ms. Rucinski: So you just came before us because of your licensing. They told you need to get a conditional use permit. Ms. Denham: Yes, I want to be able to add some kids part-time. I am not looking to have 10 toll kids, which I have told my neighbors. I don't want 10 tol2 kids. Ms. Rucinski: How many kids do you have now? Ms. Denham: I have four full-time. I have gotten a request for part-time and 12 kids would break the bank if I had to hire, you know, someone to help out. So, no I don't want 10 tol2. Mr. Thornton: Any questions for the speaker. Mr. Redmond: Stand by so we can ask you more questions after the person comes up. Mr. Thornton: Thank you. Ms. Cartwright: We do have two speakers in opposition. Would the first, Janette Moyer, come to the podium please? Can you please state your name for the record? Ms. Moyer: Janette Moyer. Ms. Cartwright: Can you speak up a little bit? Ms. Moyer: Yes, Janette Moyer, I am opposed to her day-care. I am especially opposed to 12 kids. If you could limit it to 3 or 4 kids, that would be one thing, but her property is only 28 feet from the back of my house and I am opposed to all those kids there. The fence that is across the yard belongs to me and I spent thousands of dollars to put it up, so I am concerned about that. And then there are toys coming over the fence all the time and I am always throwing toys back, so if you could limit the kids. I have lived there for 45 years and it's been a quiet nice neighborhood so that's my opposition and I sent a letter in. Ms. Rucinski: So you know, she is doing daycare there now, though. Ms. Moyer: Well, she has had a couple of kids there that I know, but I don't know that much because my fence is there. When I got this card and it said up to 12 kids, I thought uh-uh. Mr. Redmond: Have you experienced any disruption from the four that she has there currently? Ms. Moyer: From the children, no. Except for you know all the toys coming over. Mr. Thornton: Any other questions? David. Mr. Weiner: Would you be opposed to 4 kids and couple of part-time? Ms. Moyer: I suppose that's okay. 2 Mr. Weiner: Okay. Mr. Thornton: I think the 12 is because that's the way the ordinance reads, is that correct? Mr. Kemp: The 12 has traditionally what we put on because that is the maximum number that the Department of Social Services regulates for the state. Mr. Thornton: So we could recommend less than 12. Don. Mr. Horsley: What type of fence do you have, like, is it chain-link? Ms. Moyer: It's a wooden fence. Mr. Horsley: Wooden, how tall, 6 foot? Ms. Moyer: 6 foot normal. Ms. Horsley: 6-foot privacy fence,so you cannot see through and they cannot see through it,little kids, okay. Ms. Moyer: But you know it is my fence, there is damage done. Mr. Thornton: You can see it in the photographs in the application. Jack. Mr. Wall: Yes sir,this question actually for City Staff, so by-right;what is the by-right? Mr. Kemp: By right, a person can have four children; care for four children but not to exceed 7 children in the house. For example, if you have four children, you can care for three. Mr. Thornton: Any other questions for Ms. Moyer?: Okay thank you. Ms. Cartwright: Alright,next we have Marie Fehmel. Could you please come to the podium? You can please state your name for the record. Ms. Fehmel: Good afternoon. Marie O. Fehmel. Ms. Cartwright: Can you let us know what your concerns are? Ms. Fehmel: Yes very much so. I live directly not behind her but at the corner. I have lived there for 46 years and this is a neighborhood of retired elderly people. And very quiet, except for the traffic going up and down Edwin, which we have a lot of and I feel that if there is a day-care needed; there is one right up the street from us, so within a mile. I am not for a day-care in my neighborhood. Mr. Thornton: Any question, Jeff. Mr. Redmond: I have a same question. Have you been aware that she has had a day-care there with four kids? Ms. Fehmel: No, not how many children she has. Mr. Redmond: Did you know she has? Ms. Fehmel: But I knew she had at least one or two. Mr. Redmond: You had any issues with them? 3 Ms. Fehmel: No, because they are inside, they are babies. But my neighbor does, my neighbor lives directly behind where I live next to, my neighbor now for going on 46 years. Mr. Redmond: Okay, thank you. Mr. Thornton: Any other questions?Thank you ma'am. Ms. Fehmel: Thank you. Mr. Thornton: And if the applicant would, is that the last opposition? Ms. Cartwright: Yes sir. Mr. Thornton: If you be kind enough to come up and if you have any words of rebuttal, take this time to do that and then we may have some more questions for you. Ms. Denham: I don't really know what to address. The kids are not that noisy and they don't throw toys all the time and, like I said, I raised my three kids there. So I am sure they probably threw toys over in her yard as well. I have lived there since 1986, so and yes, it is a quiet neighborhood for the most part. But there are kids in the neighborhood. It's not an over-55 community, there are tons of kids, maybe not right there. but I know there are other kids in the neighborhood because I have seen them. I am sure they play in their backyards as well, but I try to be very considerate. I have taken away some of the toys that can fly, you know, like a Frisbee so they don't play with Frisbees. For the most part, I now have toys that they can ride or they can push because I do want to be considerate. I cannot get the toys back when they go in her yard. I can to my right or my left, but I cannot get the toys back, so I think it's been probably four weeks since the little boy threw a hat in her yard. But the toys that were causing the problems, they are no longer allowed to play with those. As far as Edwin Drive goes, it is busy,but I think the biggest problem is the speed. But I do have four spots in my driveway where they can park. I probably will have a talk with the current parents to say please don't park on the street, you know, because you never know, I mean we have bus stops so the buses park as well but I mean there are people who are going to speed. There is really nothing I can do except to make sure that my parents do try to park in my driveway. That's what I will try to do and again, I don't plan on having 10 to 12 kids. I really just want to add some part-time because my daughter has lot of friends that work for the city and since they know her,they come to me. Some of the daycare places are just out of reach or just too expensive, especially for part-time. So I am trying, you know, to help out the parents that really need part-time. Mr. Thornton: Karen. Ms. Kwasny: So you will be willing for a cap on say, can we do that, can we provide no more than eight, you know, four full times, four part-time or something like that. You would be amenable to that? Ms. Denham: Sure. I don't want 12. Mr. Thornton: Any other questions? Any other comments? Thank you ma'am. We will close the public hearing and we will discuss this and if we don't need any more discussion maybe someone would make a motion. Mr. Weiner: I would make a motion to approve item 14 with the four full-time and four part- time on a condition, can we do that. 4 Mr. Kemp: Staff would prefer just eight, four part-time as full time, it's hard to enforce. Mr. Thornton: Do I have a second? Mr. Wall: Hold on, before we second, can I say, and I think that Ms. Moyer and Ms. Fehmel, I thought they brought up great points. I think you know they have valid points, but throughout just about every month, you know, we are approving home day-cares, so it's without much not necessarily opposition. Because every now and then, there is opposition but without much complaints afterwards, so I think that they did bring up some very valid and very good points, but I am in favor of the eight. Mr. Thornton: Okay, so we have a motion, we have a second. lack second. So we will call for the question. AYE 10 NAY 0 ABS 0 ABSENTI HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER ABSENT REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ms. Cartwright: Alright, by recorded vote of 10-0, Item Number 14 Donna C. Denham has been approved with conditions as amended. Mr. Thornton: Thank you, thank you all for coming today. 5 LO 21 ../ // 1 CI 14----03 I a_ e C.7 < CV ---,... , 4•4\11.1ccitrilib. , --,.. , •,, 1... .-., C2 \ f 7s4, 0 \ \1%11 if 4417111‘ /17 --. .,,,--..r 1r-1_ -, : --_,:- . 7 -, ." ,.. ... I .....-.1 . „ '''.... 10 II .- . ''. I --J • 7--;. CL7 -...c/ II _ .... f-- 11....z -.... -- i ... . . ,. Ce p.... C3 - • * • A .tri A . . .: ----...:---.. --:--:-::::*---- -..,.....>_ -...,,: i' II . ..<:::...'",......... 4..." i C4 i / ///7 / ...'-''' .. -------- ,--____-- / / ......„.. .._ -, ..... 0 Ni, 0 , I ( /7 / i 70 0 13 -1'11'\41 , - , ..L. . —4-3—_.... ( If g 1: 7, i .. ..„ / 7/7'; / 7..---" , ,f 7,* # 7----- e, Is.....,,, 0 I) E1 ,.. 0 a 0 it, Ci ^di /, /a2. Ac> , / / // 1 e '.. <Si '. ( y (i e r 1 i .•„. - 11 ' %II h / / ."-if. ::,/ /c--f,AD 'c„„,,,./ ,. ,_ / . iG.0 ../.." i l,,,i7. f \',.) ' \\. ,,,f4 , — /:„ nc.,,,.., / ,--T :\ , ,., ..... \ \ ,,,. , ,, , ,„, . , \ , , 7--- / .- ./.\ /. „...,, , „,,. 7,,, , / ,,:.„.„ ,..„ 0 ),....._..._ .,. . r., , ,,.- ,...--77 Ill\, t r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: H & S DEVELOPMENT GROUP, LLC [Applicant] COLUMBIA CLUB OF VIRGINIA BEACH [Property Owner] Conditional Use Permit (Communication Tower) on the property located at 1236 Prosperity Road (GPIN 2415894392), COUNCIL DISTRICT— BEACH. MEETING DATE: August 7, 2018 • Background: The applicant has requested an indefinite deferral in order to address concerns that were raised by the Federal Aviation Administration (FAA) with regard to the proposed Communication Tower. The FAA conducts reviews of structures that have the potential to be hazardous to air navigation. Section 202 of the City's Zoning Ordinance, as well as recommended Condition 5 of the Conditional Use Permit, requires that a copy of the determination be submitted with the final site plan. As mentioned above, the applicant is pursuing a Conditional Use Permit for a Communication Tower on this 4.18-acre site in order to address coverage issues in the vicinity. The tower is proposed on property owned by the Benevolent and Protective Order of Elks(Elks Lodge)along Prosperity Road,which was developed in 1978 with a building and parking lot. The tower will offer an opportunity for up to four additional providers to co-locate on the structure. • Considerations: As required by the Zoning Ordinance, the applicant submitted the Radio Frequency Emissions Report, a structural report, the results of the balloon test, and evidence of the break in existing coverage. The location of the tower ensures low visibility from both the right-of-way and nearby residences. Further details pertaining to the request, as well as Staffs evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. H & S Development Group, LLC Page 2 of 2 1. The Communications Tower shall be located within the lease area and developed substantially in conformance with the submitted plan package entitled "Columbian Club 1236 Prosperity Road Virginia Beach, VA 23451," prepared by Allpro Consulting Group, Inc., and dated May 1, 2018. 2. A full structural report shall be submitted during detailed site plan review. 3. A depiction of the location of required FCC hazard safety signage on the site and sign diagrams shall be required during detailed site plan review. 4. The maximum height of the tower shall be 160-feet, inclusive of the lightning rod. 5. As required by Section 202 of the City Zoning Ordinance, the applicant shall obtain a Determination of No Hazard (DNH) to Air Navigation from the Federal Aviation Administration / Obstruction Evaluation Office (FAA/OE) and shall submit a copy during detailed site plan review. No building permit shall be issued until the tower is determined to be no hazard to air navigation. 6. In the event that the antennae on the tower are inactive for a period of two years, the tower shall be removed at the applicant's expense. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Deferral. Planning Commission recommends Approval. Submitting Dep. I ; I • eency: Planning DepartmeryYt „^ p City Manager: 111 e I `oats Applicant H & S Development Group, LLC Agenda Item Property Owner Columbia Club of Virginia Beach Public Hearing July 11, 2018 5 , ,,,,„, City Council Election District Beach Virginia Beach Request Conditional Use Permit(Communication Tower) Staff Recommendation Approval "^-k.., ; 'of ca,r i *km,RM co.,+ /air Staff Planner 4 . 4 Emily Bazemore 76dS MIL Location Wide OM 1236 Prosperity Road GPIN / 2415894392 Site Size ...............6...,4.10 Acres '"�•.. .*41).**4., / ,,,,,, iii: AICUZ Greater than 75 dB DNL Watershed Southern Rivers - Existing Land Use and Zoning District ,f ""a, 2*'; Undeveloped /AG-2 Agricultural 04ti'r g t,f.• c, .* SurroundingLand Uses and Zoning Districts . ,y• North v .7 ,'! •�4f 44' . If. 4., % Single-family dwelling /AG-2 Agricultural !` 1f ,, �- le-..South 4 l 4 e '# Undeveloped /AG-2 Agricultural 4, • ; �k.E !~� , EastPi' ,''a404 / . Undeveloped /AG-1 Agricultural ' a _ 4014, West Prosperity Road r +' j-, Duplex dwellings / R-5D Residential .,/- •'•:. ' ..: f . ' ...t'; H &S Development Group, LLC Agenda Item 5 Page 1 Background and Summary of Proposal • In 1978, a fraternal organization (the Benevolent and Protective Order of Elks) developed the 4.10-acre site with a building and parking lot. The applicant is requesting a Conditional Use Permit to construct a Communication Tower on the rear of the parcel, behind the existing Elks Lodge. • The applicant has submitted a coverage prediction report that supports the claim that those who live and work in the surrounding area are experiencing network overload due to extensive customer use. • There are no existing tall structures within the vicinity of the site that could be retrofitted with equipment to address the network issue; therefore, the proposed tower is requested. The tower is designed to accommodate additional providers for colocation of equipment. • The tower is proposed as a steel, self-supported monopole with exterior-housed radio equipment at its base.The tower itself will be 156 feet high, and a three-foot tall lightning rod is planned above,for a total height of 159 feet. • The tower and supporting ground level apparatus will be located in a leased area of approximately 10,000 square feet and will be enclosed with a chain-link fence with metal slats. In accordance with Section 232 (f) (3-4) of the Zoning Ordinance, three distinct rows of vegetation around the fence will be planted to provide additional screening of the ground equipment. • A 15-foot wide access easement is proposed to provide vehicular access to the leased area. 02 ``e J Zoning History � ��� = - , # Request 4*///� j 6j 1 SVR Approved 05/11/2010 � ****, y; 2 MOD Approved 06/20/2017 MOD Approved 02/25/2014 A0.1 CUP(Campground)Approved 05/12/1969 • 76 DIN R •`I, Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance RQ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance H &S Development Group, LLC Agenda Item 5 Page 2 Evaluation and Recommendation Staff finds this application for a Conditional Use Permit for the construction of this 160-foot monopole communication tower acceptable. Careful consideration has been given to locating the facility out of view from the right-of-way and away from any adjacent residential structures. As required by the Zoning Ordinance, the applicant performed a balloon test and provided photo simulations depicting the view of the proposed tower from two locations surrounding the site. The photos indicate that only a small portion of the tower is visible above the tree line. The proposed location for the tower is setback nearly 86 feet from the nearest property line and over 535 feet from the nearest residential dwelling. This exceeds the minimum required setback of 200 feet(125 percent of the tower height) from the nearest residential or apartment structure. Likewise, the applicant has conducted public outreach and met with the nearby civic leagues informing them of the application. The applicant has submitted the required Radio Frequency Emissions Report from a licensed engineer indicating that the tower will be designed to meet or exceed industry standards as defined by ANSI/EIA-222-G. A letter has also been submitted from a professional engineer stating that the tower will be designed to accommodate future antennas to be installed by other wireless carriers. As required per the Uniform Statewide Building Code,the application states that the design of the tower will withstand wind gusts of up to 122 miles per hour. If the communications tower is approved, a full structural report will be required during detailed site plan review. Based on the evaluation of the proposed Communication Tower in accordance with the standards set forth in Section 232 of the Zoning Ordinance, Staff recommends approval of the application subject to the conditions listed below. Recommended Conditions 1. The Communications Tower shall be located within the lease area and developed substantially in conformance with the submitted plan package entitled "Columbian Club 1236 Prosperity Road Virginia Beach,VA 23451," prepared by Allpro Consulting Group, Inc.,and dated May 1, 2018. 2. A full structural report shall be submitted during detailed site plan review. 3. A depiction of the location of required FCC hazard safety signage on the site and sign diagrams shall be required during detailed site plan review. 4. The maximum height of the tower shall be 160-feet, inclusive of the lightning rod. 5. As required by Section 202 of the City Zoning Ordinance, the applicant shall obtain a Determination of No Hazard (DNH) to Air Navigation from the Federal Aviation Administration /Obstruction Evaluation Office (FAA/OE) and shall submit a copy during detailed site plan review. No building permit shall be issued until the tower is determined to be no hazard to air navigation. 6. In the event that the antennae on the tower are inactive for a period of two years, the tower shall be removed at the applicant's expense. 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. H &S Development Group, LLC Agenda Item 5 Page 3 Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard again possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. (p. 1.61) Natural and Cultural Resources Impacts The site is within the Southern Rivers Watershed. There are no known significant natural or cultural features associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Prosperity Road No Counts Available 6,200 ADT i(LOS 4'D" ) Existing Land Use3= 96 ADT 9,900 ADT (LOS "E") Proposed Land Use 101 ADT 1 Average Daily Tri ps las defined by a similar use 3as defined by an officeuse and the °LOS=Level of Service such as anoffice building addition of a communication tower Public Utility Impacts Water The site is currently connected to City water. Sewer City sanitary sewer is not available. H &S Development Group, LLC Agenda Item 5 Page 4 Proposed Site Layout ill 10110 I i 1 h1101 :I X '11 1 , 11 1 I11 i 40wiel 'Jig i 41"441143/44,sy Yt I I L 1 soPF It 4 sIzei*.tku.. le \ -- !8 / �, c `� II \ \ / ^� �` !, 1 g g Lease Area of / 1 3.-w ; a'ry!"�, \: Communications I' - ., Iv! yi, _____ I,r��. Tower / r .&t,, _, /,'/ / 11C 1/; /. .� � t9iie .a g p/� p g e. / Nx $ /Bl,l e ii 4,4://// I1V . . .10 i @i iiii: lig a /.. if ell ej i,' N a I I /,/ o /, //s a / tri /1111401/ Access Easement Epi •ig 11 • ! B Vg• $g � • 4111 E l 41 a e / l I �,.f '' /// '% til GS-tii l e'er a\� iiq H &S Development Group, LLC Agenda Item 5 Page 5 Proposed Lease Area i 1;1 blh 123 l' \ '.'J"j,� x—=—x J, x—x x—K—K—x—x - - - - so To F-----1 __,-k ,„._ r--- —I t ,.,, E6 I I IW 2 1 I11 1------ _ ff (/ -----_J 1 I liE 4@dB 4r x ! F---- A i • -•,_. glWi 11 IS § V— MAk .!al -11! R:g OF \, I 1 11 -NV ' . Vg I;g Igr §gg --- „ ,le_,, .1%-t1 IA 0! A 7- 17 T IjI' .7111 IL Li—d�.�. 1 4 LLx 1 1 1 1 I I o�Eqq� ----- 1 -4171-- li x x A .� ll I J 1 in.':. N 1-x-x-x-x x-x x -x x—x x±,1 11 ' lid ' in AEI i i s vlg -w lt s ® i ! II Vii; $g Q21-§ .. 0, 1g h °4 pix d S.r a II SZE � ir1 ° i 1g.4p 1 I4 I iiill H &S Development Group, LLC Agenda Item 5 Page 6 Proposed Tower Elevation PROPOSED R3' LKl1Th G x 05ERALL HEIGHT PROPOSED T-WILE 157-0`Y AGL PANEL ANTE k �k TOP CF YOFOPOIE RRUS u l,V1ty EJ OH RAO(HA ,56�-o&ACL SDE w ANIMA 110.INT 4CEN1ERllE GF PROPOFEp T-YQOIE N1DUA5 �-6 c�J 1/154.-0'f MIL 4CENjE!JNE CF FUTURE ANTENkAS 144-0±AGL111 fi n 4,(EN1ERUNE OF FUTURE AVTEVAAS 134'-0.3 AGL CENTERUN£OF FUTURE AVTEVAAS 0 J� I14-,�'±ACL ll k CEMENUNE OF FUTURE AVIEVAAS Y 114'-0`±ACL PROPOSED IS -0.HIONOPOLE (DESIENEO BY OTHERS) PROPOSED T-vOILE (3)¶-5/6'6,12 HYOR1C CARE (I)1/2'COAX CAKE (INSTALL INSIDE u0w3'O.E) p40'oSFD T-►IOBEE 24'*DE 1OEB PROyOsEC T-1061E EGuIPIENT CABINET ON(3)DAY P11114 PROPOS 1)6'MMI-LINK H]NCE 0/KA*%PM SLATS • MEMGRADE >y �'`r.71} A, EM ACL H &S Development Group, LLC Agenda Item 5 Page 7 Proposed Landscape Plan LEGEND TML WPC= IMP (1) MK 10 1 --- oDI!W IN K i —--— Ho71SV IMf —I— MCI re al ------- G7eiDiT ire MEI —CIM— %Me Piel —(*T— MoC,O nix St.-P- OI "71M KW MOAT .\\ (D 1lI.Y -T- Tao=De \\ -M- IMAMSKUp IMP COME \\\ Q►STT we —NOP— Me calla \\ C,icP sO IOC410C ` ;q PEE ll�f (4;;jt" , 0*4 POMPOM meram NW i lam• '. Off.Ir-cIWt ac / *.......... &I. :...3,,r: _. ....;(el 4, Wir lillik f �` ililii POMPOM lc•LC i _ MDI C:4•1.:..1: \USOt ` I uTlAr UT � � /I 11 i \ /414.41....... , m iostu / \ / ♦ /_ ' 1111 \ p , sanc(1(w WOW 114 iiir q • / SPAM•5d Wit cu. it t 0/e P i fig vt. %W 0. -i „, sw------t oio 0- Aott , 4 ._ '� E°�" . i♦ SP . --Q'tux at , `\. ,, s / rMi05m•S'110E / ` 4. �,asS , LTi / , , .......„ . sm ss et `. ' / J,OC6f 4700�T / ` �11`� / , eNi 11 / / ! Au,W // / TRJE / / NORTH H &S Development Group, LLC Agenda Item 5 Page 8 Balloon Test Photos w : N: t • y f a' Driveway across Prosperity Road From KOA Paintball Parking Lot H &S Development Group, LLC Agenda Item 5 Page 9 Site Photos 4rttlfr ,-!., t...Y. • " *" ; c ....I. '4'444-.• . ,,, ,• . 1..--;",: .;=,,., ..•--...• -4 - A-, -'4.,-.,. *;,...-1:-..•••••) I 11,A•.11 .s.f. ..,4'0,..-4i . :. •r., ... ,,,• , . . • 7 .3.'. el "':'4i•:. . ,,,,, • ... ... A 4 . • -• , d, .4 .. 54-.. ,....,, .............. .. , . , . , , • Jk 7 -..--,s. • - ,.4i. • . •11` ./48":04 . .- 4 . ,., "-H.......-itl•'''' ' ' — — ' - .. . - ... • ••• 1 - ... - .- ,. .... , ... '1 I 111 II I I I II MP A ill P . '-'-'lain._A 111,1411111P. - - . - - .."• ..-i......_...... . "` r .. • , _ .•.• •_•.••._ ., . . ... .:... .. ,......_,..,„, ,... ....._ - • . _ .... , . .„.. .„....... . ........ lowrologir " _.. . ,......„ ..._ .. .. .. , ...., - l'.1. • . r's ' — I i, , . ._..,..r..r.:--•..7. : -I.- .,.... 4 • ,1 -._. —_ I. .—.......-.- - ---- H &S Development Group, LLC Agenda Item 5 Page 10 Disclosure Statement ViEginb Beach APPLICANT'S NAME H&S Development Group LIZ 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 Exce•tion for (EDIP) _. Board of Zoning Encroachment Request Rezoning • •eels -- Certificate of Floodplain Variance Appropriateness Franchise Agreement Street Closure Historic Review Board Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board _ Conditional Use Permit License Agreement Wetlands Board e The disclosures contained In this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE rONCI1v USE ONLY/All mpemues n cast Pc updated two nl weeks prior to dry Page I of 7 Plannrn mmnfion a nn Oly Counal mecnno that pertains to the apPl'catrorM 0 oAPPLICANT NOTgm OF HEAR INC Dalt Ir (T/� AA��//�L NO CHANGES AS or _ Dal I I7/Z9'Ip 1,YY1 Jimmy McNamara 0 `EVISIONSSUBMITTD DATE _ Dry 1 H &S Development Group, LLC Agenda Item 5 Page 11 Disclosure Statement Virginia Beach ❑ Check here If the APPLICANT_IS NOT a corporation, partnership, firm, business,or other unincorporated organization. ZCheck here If the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:H&S Develnt GrouLLLC__ If an LLC, list all member's names: Jason Hamill Bart Sinanis If a CORPORATION,list the the names of all officers, directors,members, trustees, etc.below: (Attach list If necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list If necessary) See next page for Information pertaining to footnotesI and 2 a SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only If property owner Is different from Avolkant• ▪ 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_Columbia Club of V jiinia Beach, If an LLC, list the member's names:John Byzewski, President;Stuart Williams.Vice-President; - - -- Page 2 of 7 H &S Development Group, LLC Agenda Item 5 Page 12 Disclosure Statement NAB Virginia Beach If a Corporation,list the names ofall officers,directors,members,trustees, etc. below: (Attach list if necessary) Jerry Johnson,Treasurer;Marcus Cook,Secretary (8) USL the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list If necessary) 'Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirect/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§2,24101. 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 entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entitles" See State and Local Government Conflict of interests Act, Va.Code 4 2.2-3101. SECTION 3.SERVICES DISCLOSURE Are any of the following services being provided In connection with the ;ubiert of the appikatlon or _I • r • •r r • . 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 H &S Development Group, LLC Agenda Item 5 Page 13 Disclosure Statement VB APPLICANT vlrgloinBeach YES NO SERVICE PROVIDER me additional.hats If l needed f—1 ® I Accounting and/or preparer of I I your tax return 12. ❑ Architect/Landscape Architect/ Allpo Consulting Group.Inc;9221 Land Planner Lyndon B.Johnson Freewey,Della.TX Contract Purchaser 1W other than El ® rhe Mollcaml-Identify purchaser and purchaser's service providers ~ My other pending or proposed ❑ ° pudercnhae tify pr ofthe sesur(beactnp roperty purchaser's service providers) 0iConstructionContractors FCI Towers,VirginiaBeech,VA 0 Engineers/Surveyors/Agents Ngo Consulting Group.Inc 9221 Ly Financing(Include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) O ® Legal Services Real Estate Brokers/ O ® 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 N &S Development Group, LLC Agenda Item 5 Page 14 Disclosure Statement TSB OWNER Virginia YES NO SERVICE f PROVIDER(Sea Saban eaten if • ® Accounting and/or preparer of your tax return O ® Architect/Landscape Architect/ Land Planner Contract Purchaser(It other thin 0 ® tM Aoolkant)-Identify purchaser and purchasers service providers Any other pending or proposed ❑ ® purchaser of the subject property !(identify purchasers)and ' purchaser's service providers) 0 Construction Contractors O ® Engineers/Surveyors/Agents Financing(Include current D ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) O ® 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 H &5 Development Group, LLC Agenda Item 5 Page 15 Disclosure Statement N�oV Hsr1t CEBTFiCA11Ot 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 (or public hearing, I am responsible for updating The information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee In connection with this A. •ik-adon. _ .a. Jason Nardi! 4-25-15 C,. \V i� —�rx:T - _.. PRINT NAME DATE H. a Tenn 11.8YnEwSa' V-Sfg Page 7 of Fl &S Development Group, LLC Agenda item 5 Page 16 Item#5 H &S Development Group, LLC Conditional Use Permit 1236 Prosperity Road District-Beach July 11,2018 CONSENT CONDITIONS 1. The Communications Tower shall be located within the lease area and developed substantially in conformance with the submitted plan package entitled "Columbian Club 1236 Prosperity Road Virginia Beach, VA 23451," prepared by Allpro Consulting Group, Inc., and dated May 1, 2018. 2. A full structural report shall be submitted during detailed site plan review. 3. A depiction of the location of required FCC hazard safety signage on the site and sign diagrams shall be required during detailed site plan review. 4. The maximum height of the tower shall be 160-feet, inclusive of the lightning rod. 5. As required by Section 202 of the City Zoning Ordinance, the applicant shall obtain a Determination of No Hazard(DNH)to Air Navigation from the Federal Aviation Administration /Obstruction Evaluation Office(FAA/OE) and shall submit a copy during detailed site plan review. No building permit shall be issued until the tower is determined to be no hazard to air navigation. 6. In the event that the antennae on the tower are inactive for a period of two years, the tower shall be removed at the applicant's expense. Mr. Forehand: C. E. Forehand,representing H & S Development. Ms. Rucinski: Okay, are the conditions acceptable? Mr. Forehand: Yes maam. Ms. Rucinski: Alright, thank you. The chair has asked Commissioner Jeff Hodgson to read this into the record. Mr. Hodgson: T hank you Jan. Mr. Chairman the applicant is requesting a Conditional Use Permit to construct a Communication Tower on the rear of this parcel, which is behind the existing Elks Lodge. The tower is proposed as a steel, self-supported monopole with exterior-housed radio equipment at its base. The tower itself will be 156 feet high with a three-foot tall lightning rod on 1 top for a total height of 159 feet; a 15-foot wide access easement is provided proposed to provide vehicular access to the leased area. Staff finds this application for Conditional Use Permit and the construction of this tower acceptable. The commission agrees and we have placed it on our Consent Agenda. AYE 10 NAY 0 ABS 0 ABSENT I HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER ABSENT REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ms. Cartwright: By recorded vote of 10-0, the items number one, two, three, five, six, eleven, thirteen, fifteen, and eighteen have been approved by consent with commissioner Hodgson abstaining from item number 15. 2 / --Iiir1 a ( TEN. a � a r , I.-- . . \%N 's o _ _____- . 1\1, „, 0 ,, c:;) a N i ,,, \, ,. ti �� ,.... \* - ,,, ,,. 1 , O ,,,,,,, , I < \:.. ,,;, . , \ . 1 . \:: .,\., , <> _ N , ,. �_� t ., ,:,,,,,.::,„,,,,,,....0..„ .... 11/9 w___,,________ ______ - �' *' � I iii it,,.. .. ,ic,, . ..t. ,. ‹: z 1 1 , o\.• 4(2 ea\ 0 NIPIAa 'c„tk, a.\ .;,w. • CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHRISTOPHER STANKUS [Applicant & Property Owner] Conditional Use Permit (Commercial Kennel) on the property located at 3612 West Neck Road (GPIN 2402248457), COUNCIL DISTRICT— PRINCESS ANNE. MEETING DATE: August 7, 2018 • Background: The applicant is requesting a Conditional Use Permit for a Commercial Kennel for the training of up to 12 dogs. The training will focus on assisting veterans with disabilities. The former hog barn on the property will be retrofitted for the dog kennel, and will be heated and air conditioned. • Considerations: Typically, the dogs will be kept indoors within the structure when not being trained or exercised. At the Planning Commission's briefing, Staff was made aware of concerns of several property owners in the vicinity. Prior to the Planning Commission's public hearing, Staff met with the applicant and the opposition to draft a revised set of conditions amenable to all parties. There was one speaker at the hearing who stated that his concerns were alleviated, but only if the revised conditions, as shown below, were recommended to the City Council. 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 by a recorded vote of 10-0, to recommend approval of this request, subject to the revisions noted below. 1. No more than 12 adult dogs shall be kept on the property at any time 2. The dog kennel structure, outdoor dog training area, and fence shall be maintained in a safe and sanitary condition. 3. All animal waste from the dog kennel shall be collected and disposed of in a lawful manner on a daily basis. Christopher Stankus Page 2 of 2 4. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 5. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 6. All dogs shall be kenneled indoors in the dog kennel structure between the hours of 6:00 p.m. to 8:00 a.m., with an exception for breaks for urination and defecation. 7. The Commercial Kennel Conditional Use Permit shall be limited to training of dogs. One-day services, such as dog grooming and daycare, shall be prohibited. 8. All dogs on site for training shall be leashed at all times unless inside the designated training area. 9. The location of the dog kennel and the outdoor dog training area shall be limited to the area designated on the site layout plan included in the Staff Report. 10.Dog shows shall be prohibited. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting D : . - . Agency: Planning Departme4 e , t ^ City Manager Applicant & Property Owner Christopher Stankus Agenda Item Public Hearing July 11, 2018 City Council Election District Princess Anne 12 City 0 Virginia Beach Request Conditional Use Permit(Commercial Kennel) `_________,/- ' 1/1' Staff Recommendation T Approval " WO S NL Staff Planner Marchelle Coleman i Location 3612 West Neck Road GPIN 2402248457 ,,.+' 100 Site Size 27.6 Acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Farm/AG-1&AG-2 Agricultural Surrounding Land Uses and Zoning Districts , North • __- - Woods,single-family dwelling/AG-1&AG-2 Agricultural 'c, South Single-family dwelling/AG-2 Agricultural •.? East °' • a` Woods/AG-1 Agricultural ! " � .�/f West ,,, West Neck Road c . Single-family dwelling/AG-2 Agricultural >'. tt • v. 's a 1 •t *-104,1g\ r1`r yt ,,' 1g\ • L+, / . pi, ..�i (. I • A :#.► _ .. Christopher Stankus Agenda Item 12 Page 1 Background and Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Commercial Kennel for up to 12 dogs that will be trained to assist veterans with disabilities. • The dogs will be kept indoors within an existing 110 x 25 heated and air conditioned building on site.The dogs will stay overnight and will be trained during the day between the hours of 7:00 a.m. and 6:00 p.m. • When not in training,the dogs will remain inside the building,specifically between the hours of 6:00 p.m.and 7:00 a.m. • The applicant is proposing a four foot high by four foot wide sign to be placed at the entrance of the site. • Three employees will be hired to help organize and properly clean the area where the dogs will be kept. AG•2' Ai1 is-TO E•DNL AG•1 ' Zoning History •C4-1 iii' ' # Request 1 CUP Approved 8/11/1998 AG,2 �� 2 SVR Approved 6/14/1994 • -2 _ CUP Approved 6/14/1994 • AG-2 '12 l r AG. 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 This request for a Conditional Use Permit for a Commercial Kennel is acceptable. In Staff's opinion,this kennel,which is located over 1,000 feet from West Neck Road, is compatible with the surrounding uses and is an appropriate activity in the rural area.Section 223 of the Zoning Ordinance requires that kennel structures within 100 feet of an adjacent property line not be occupied by animals unless the structure is both air-conditioned and soundproofed.The kennel building meets this standard and the closest residential dwelling is more than 850 feet from the structure. Based on these considerations, Staff recommends approval of this request subject to the conditions below. Christopher Stankus Agenda Item 12 Page 2 Recommended Conditions 1. No more than 12 adult dogs shall be kept on the property at any time. 2. The dog kennel structure, outdoor dog training area,and fence shall be maintained in a safe and sanitary condition. 3. All animal waste from the dog kennel shall be collected and disposed of in a lawful manner on a daily basis. 4. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 5. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 6. All dogs shall be kenneled indoors in the dog kennel structure between the hours of 6:00 p.m. to 8:00 a.m.,with an exception for breaks for urination and defecation. 7. The Commercial Kennel Conditional Use Permit shall be limited to training of dogs. One-day services,such as dog grooming and daycare,shall be prohibited. 8. All dogs on site for training shall be leashed at all times unless inside the designated training area. 9. The location of the dog kennel and the outdoor dog training area shall be limited to the area designated on the site layout plan included in the Staff Report. 10. Dog shows shall be prohibited. 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 the subject property as being in the Rural Area.The Rural Area is located in the southern half of Virginia Beach, south of Indian River and Sandbridge Roads. It is characterized as low,flat land with wide floodplains and altered drainage with a presence of agricultural and rural related activities including traditional and specialty crop cultivation, tree farms,equestrian facilities,wetland banks,fish farms, and other similar uses.An important objective of the Plan for the Rural Area is to protect and sustain all of Virginia Beach's valuable environmental, scenic and agricultural resources in the Rural Area against inappropriate activities and intense growth pressures. (p. 1-120) Christopher Stankus Agenda Item 12 Page 3 Natural and Cultural Resources Impacts The subject property is located within the Southern Rivers Watershed.There are no known significant cultural resources on this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 7,400 ADT 1(LOS°"C") 2-268 ADT West Neck Road 3,284 ADT 1 12,000 ADT'(LOS°"D") Existing Land Use; 18,600 ADT'(LOS 4"E") Proposed Land Use -268 ADT 'Average Daily Trips z as defined by 26.7 acre 3 No change anticipated °LOS=Level of Service agriculturally zoned property Public Utility Impacts Water&Sewer This property is not served by City water or sewer. The private well and septic system is currently approved by the Health Department. Christopher Stankus Agenda Item 12 Page 4 Proposed Site Layout 7 ii r 1 C G'a R D +, 1s;..Q` r �o D , D. i' \ \_ter lam+ / i1 0 0 / \ ' . I � Christopher Stankus Agenda Item 12 Page 5 Proposed Signage IIITILEN KU HuG THHINING K HUIIITY 757_724_ 1332 Christopher Stankus Agenda Item 12 Page 6 Site Photos J • I '� rill P I • IIIIIIIIjWlltil-el.V/NOV*A. IR . 1/11 • • SY . ,4 A.. '''-ait-"Ift..kty-. . I,�± , ! r ,.,ii ,Ff e9 , iR• r` i - I Christopher Stankus Agenda Item 12 Page 7 Disclosure Statement Virginia Beach APPLICANT'S NAME Christopher Stankus 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 ¢In l n v usl Om r Page l of 7 0 APPIRANI N oI If II )UI HI MON. //� �� By' NO(IIANGVIM/3 AS nl IM/3 Marchelle L Coleman ii9�//////' ROiISIONS SIIRM1IIii rP - Christopher Stankus Agenda Item 12 Page 8 Disclosure Statement Virginia Beach ® Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ElCheck here if the APPI!CANT 15 a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: if an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members. trustees. etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for Information pertaining to footnotesI and 2 a , SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 ale ifnronrrty owner Is different from Annikant. ® Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. Check here If the PROPERTY OWNER/S a corporation, partnership, firm, business, or other unincorporated organization. AND tILM.complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Christopher Stankus Agenda item 12 Page 9 Disclosure Statement VIA Yllgnia Beech If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 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 Incl 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 (iiil there is shared management or control between the business entitles. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities:there are common or commingled funds or assets: the business entities shine the use of the same cakes 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 Conflkt of interests Act. Va.Codes 213101. a SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Christopher Stankus Agenda Item 12 Page 10 Disclosure Statement APPLICANT Y; YES NO SERVICE PROVIDER(use addition]sheets needed) ❑ ® Accounting and/or preparer of your tax return ❑ '�' Architect/Landscape Architect/ Land Planner Contract Purchaser(If other than El ® the Aoollrang- identify purchaser and purchasers service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaserls)and purchaser's service providers) 8 ® Construction Contractors Engineers/Surveyors/Agents Financing (include current ❑ ii 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 e ' SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an Interest In the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Christopher Stankus Agenda Item 12 Page 11 Disclosure Statement Vfl$(m.BrC)t 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 APPlicat�^ A IUM TORE PRINT NAME DATE Page 5 of 7 Christopher Stankus Agenda Item 12 Page 12 Item p 12 Christopher Stankus Conditional Use Permit 3612 West Neck Road District-Princess Anne July 11,2018 APPROVED Ms. Rucinski: The next item on the agenda is item number twelve Christopher Stankus, an application for Conditional Use Permit, Commercial Kennel on property located at 3612 West Neck Road. Is there is an applicant present?Would you please come to the podium and state your name for the record? Mr. Stankus: Good afternoon, my name is Christopher Stankus. Thank you ladies and gentleman for hearing me today. I don't know how to proceed; I have never done this before. Previous though this morning, there was some opposition to my Conditional Use Permit and there has been some amendments so that people who opposed have agreed with me and as I understand right now there is no opposition to my Conditional Use Permit. Mr. Thornton: H ave you and the opposition rearranged your conditions, and are they acceptable to you? Mr. Stankus: Yes sir. Mr. Thornton: And they have been presented to the Staff, these are the nine items that are listed on what was given to us earlier today, and those are just as we see them they are acceptable conditions? Mr. Stankus: Yes sir. Mr. Thornton: Okay. Ms. Wilson: I need to see the conditions before you all vote on them, they have to be legal conditions, and they have to be enforceable. Mr. Thornton: We have a list, who has got a copy they can give, you know, pass it over to Kay. [Irrelevant Conversation] Mr. Horsley: I think if Staff would read the conditions and you get to see how they have adjusted, I think they have adjusted the nine that were here. Ms. Coleman: I have them, most of the conditions that we have (one through five)have remained but number one we are going to change to 12 dogs instead of saying adult dogs. Ms. Wilson: Could you read the whole condition, Marchelle, for me? Ms. Coleman: Want me to read all of them? Starting with number one, No more than 12 dogs shall be kept on the property at any time. Number two: The existing kennel structure outdoor area and fence shall be maintained in a safe and sanitary condition. Number three: All animal waste 1 shall be collected and disposed of in a lawful manner on a daily basis. Number four:The applicant shall ensure that all the dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. Number five: All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. We came up with four more. Number six: All dogs shall be kenneled indoors between the hours of 6:00 p.m. to 8:00 a.m. Number seven: No other one-day services shall be offered or carried out on the property except for the dogs in training. Number eight: All dogs would be leashed unless inside the designated training area. Number nine: The location of the kennel and outside training area shall be as depicted on the proposed site layout. Number ten: Dog shows shall not be permitted. Ms. Kwasny: What was the last one? Ms. Coleman: Number ten: Dog shows shall not be permitted. Ms. Wilson: My only qualm about any of those is number six, that states the dogs have to be kept indoors from the hours of 6 p.m. to whatever it was in the morning. Do we accept for, well we won't put potty breaks except for urination and defecation. [Crosstalk] Ms. Rucinski: I like the potty break okay, I guess we could a use potty break. Mr. Thornton: So are you all,Staff are you all comfortable with what you have if we have a motion to approve that and the applicant is agreeable with that and the attorney has seen that,are we ready, any questions for the applicant. Ms. Cartwright: I did have two people for opposition. Mr. Thornton: No, no, fine,that's good,please take your seat. Wait hold on,any questions for the applicant first and then we will let the opposition speak. No questions to the applicant, thank you sir, standby for rebuttal. Mr. Stankus: One of the opposition was Fred Statin, he has left and after that we wrote the conditions. Mr. Thornton: That's the best kind. And then there is one another opposition. Ms.Cartwright: If Mr.John Chimblo would come to the podium please. Can you please state your name for the record? Mr. Chimblo: Good afternoon ladies and gentleman, I am John Chimblo. I live across the street from Chris, I do appreciate your time and your dedication to serving the City of Virginia Beach along with the great Staff you have, and they helped to guide me through some of the questions I have. It's a little tough here to be at times, I feel I am on judge duty almost and my big issue was with noise and I sat and talked outside here with Chris and Mark, the person that's going to run the kennel, and Chris handshaked me and said that he will keep the noise to a minimum, that he will keep the dogs in the evening and I just talked to Mark and he said there wasn't a problem with that and as far as the other neighbors and their conditions that they had put forward would be fine and like I said it was just a matter of a noise issue at night, so that's -- I am in agreement as long as he abides by that now -- that makes sense. I mean I know I've appeared in opposition but I think we have worked something out outside. Mr. Thornton: Any questions for the speaker? Thank you sir. 2 Mr. Chimblo: Thank you, have a great day. Mr. Thornton: Thank you. If you have a reason for rebuttal, please you have a minute or so that sounds like he is okay with your application. Mr. Stankus: Yes,I discussed with him as a neighbor that we would do whatever changes needed to be done to the property if there was any noise issues, of course we are not totally sure what the situation will be until we begin operation but I have known John for many years and I told him you know just as being a neighbor I would do whatever it would take you know to make him comfortable with the noise level and I think that we have satisfied his opposition to the noise. Mr. Thornton: Okay thank you, any questions? Thank you with that we will close the public hearing and anyone wants to make any comments before we ask for a motion? Mr. Horsley: No I think the neighbors have gotten everything worked out;Mr. Stankus was very concerned about it. He approached me about it and I think they have met in the hall and going over the conditions again and I think they have all agreed now, so I think everything should be fine so,I am ready to make a motion. Make a motion;we approved the application with the revised conditions that we have been presented. Ms. Kwasny: Second. Mr. Thornton: Second by Karen. AYE 10 NAY 0 ABS 0 ABSENT HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER ABSENT REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Ms. Cartwright: By recorded vote of 10-0, item number twelve Christopher Stankus has been approved with the condition as amended. Mr. Thornton: Thank you Mr. Stankus. CONDITIONS I. No more than 12 adult dogs shall be kept on the property at any time. 3 2. The existing kennel structure, outdoor area, and fence shall be maintained in a safe and sanitary condition. 3. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 4.The applicant shall ensure that the dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 5. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance 6. All dogs shall be kenneled indoors in the dog kennel structure between the hours of 6:00 p.m. to 8:00 a.m., with an exception for breaks for urination and defecation. 7. The Commercial Kennel Conditional Use Permit shall be limited to training of dogs. One-day services, such as dog grooming and daycare, shall be prohibited. 8. All dogs on the site for training shall be leashed at all times unless inside the designated training area. 9. The location of the dog kennel and the outdoor dog training area shall be limited to the area designated on the site layout plan included in the Staff Report. 10. Dog shows shall be prohibited. 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing Roadside Guide Signs for the Edgar Cayce's A.R.E. located at 215 67th Street with guide sign locations at intersection of Shore Drive and Atlantic Avenue, 52nd Street and Atlantic Avenue, and 23'd Street and Pacific Avenue. COUNCIL DISTRICT— LYNNHAVEN. MEETING DATE: August 7, 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, Edgar Cayce's A.R.E. has submitted to the Director of Planning a request for the installation of three Roadside Guide Signs in various locations along Atlantic and Pacific Avenues. ■ 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 Edgar Cayce's A.R.E. 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. Edgar Cayce's A.R.E. 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 Pacific Avenue, near the intersection with 23rd Street. Sign will be located on the east side of Pacific Avenue, accommodating north-bound traffic. 2. Sign on Atlantic Avenue, near the intersection with 52nd Street.The sign will be located on the east side of Atlantic Avenue and will accommodate north-bound traffic. 3. Sign on Shore Drive at the curve where Shore Drive becomes Atlantic Avenue. The sign will be located on the south side of Shore drive near the traffic signal and will accommodate south-bound traffic. 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. Edgar Cayce's A.R.E. provides a unique literally and scientific amenity for Virginia Beach residents and visitors. Providing adequate roadside guide signs increases awareness of the facility 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, Edgar Cayce's A.R.E." 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 D - ygency: Planning Departme 41.44.62,6,U City Manager: -P 1 A RESOLUTION AUTHORIZING ROADSIDE GUIDE 2 SIGNS FOR EDGAR CAYCE'S ASSOCIATION FOR 3 RESEARCH AND ENLIGHTENMENT LOCTED AT 215 4 67Th STREET WITH GUIDE SIGN LOCATIONS AT THE 5 INTERSECTION OF SHORE DRIVE AND ATLANTIC 6 AVENUE, 52ND STREET AND ATLANTIC AVENUE AND 7 23RD STREET AND PACIFIC AVENUE 8 9 WHEREAS, Edgar Cayce's Association for Research and Enlightenment 10 ("A.R.E."), (hereinafter the "Applicant), located at 215 67th Street (Lynnhaven District), is 11 an establishment operated exclusively for cultural, literary, scientific and artistic 12 purposes on a not-for-profit basis; and 13 14 WHEREAS, the Applicant has requested that it be allowed to erect three (3) 15 roadside guide signs in the public rights-of-way at the intersection of Shore Drive and 16 Atlantic Avenue, 52nd Street and Atlantic Avenue and 23'd Street and Pacific Avenue in 17 order to provide directions to Edgar Cayce's A.R.E. for the benefit of motorists 18 unfamiliar with its location; and 19 20 WHEREAS, the City Council finds that three (3) roadside guide signs are 21 sufficient to provide motorists with adequate guidance to Edgar Cayce's A.R.E. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the placement of three (3) roadside guide signs by the Applicant is hereby 27 authorized, upon the following conditions: 28 29 1. When the signs are installed, they shall be installed in locations substantially 30 in conformance with the attached exhibit entitled, "Location of Roadside 31 Guide Signs, Edgar Cayce's A.R.E." 32 2. When the signs are installed, the design and color shall be in substantial 33 conformance to the submitted drawing and as described. 34 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 : ‘ 4 „ca 1 ��j,_ try...L.4,2,6 Planning Department ity " ornejOffice CA14488/ R-1/July 18, 2018 1 Edgar Cayce's A.R.E. Roadside Guide Signs Page 3of4 e'4 i SIGN #3 "* i Location of Roadside Guide Signs At traffic light,facing +' Edgar Cayce's A.R.E. southbound traffic t k , ► it-R= ,* , t il i i t . A ir t:4 SIGN #2 9{ ► -r. �' ` 52nd Street and Atlantic facing northbound it . J 1 traffic .• � V 4 . t a la.r•. 1 10 • M+wC y. 9 R t"'t ' SIGN #1 Omarr.�=` "'r \ 23'd Street and Pacific facing • + "" W northbound traffic Edgar Cayce's A.R.E. Roadside Guide Signs Page 4 of 4 EDGAR CAYCE'S A. R. E. HEADQUARTERS AND VISITOR CENTER 4' BORDER R =1.5" TH =0.5" Panel Style: Cultural.ssi Letter locations M U_T_C_D_: 2009 Fdition 4,V3n Virginia Beach APPLICANT'S NAME EDva,- t$ic-ti CA •R. E. , X.sc.' 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 lof7 0 APR( E ANI NOTIFIED 01 N t ARIN(, n=il O NO EI GANGES AS OI `�� RI b ISIONS SI MTI II❑ > I WI ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, � ,( business, or other unincorporated organization. IX I Check here if the APPLICANT IS a corporation, partnership, firm, business, or l"� other unincorporated organization. (A) List the Applicant's name:_ASsoz!Anow -1::,r Rinees.cc./ oaA- Enu bMr& .i rwc NT- If TIf an LLC, list all member's names: (4 .It. C . Ttvc.� If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) 5Ec A"-TAUlEfl Lis r (Pew r PA-!>e) (B) List the businesses that have a parent-subsidiary i or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) /E1 DGAR- CA pc" Cot...t4ATtoti g TLAty rte._ Lb-,io Efts try See next page for information pertaining to footnotesI and 2 • 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. VCheck 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:__ A. R. s._ . S',c'. If an LLC, list the member's names: Page 2 of 7 SID 2017-18 Trustees & Senior Management Trustees: SAC Committee Members McQuagge,Cassie Alonzo,Gorgiana('22) Knueven, Doug('22) At large Director of Support Services 6201 Samoa Way (Judy Knueven) and Outreach IT,B&G, Carmichael,CA 95608 131 Dehaven Rd. Matthew Brooks—N.Y. Production,Outreach Services, 916-972-8230(Home) Beaver Falls,PA. 15010 Youth—At large Library, Visitor Center, ECF 0530-748-7782 724-847-2593 (Home) mattbrooks86(d)gmail.com Rights wyzo(a,,comcast.net 724-774-8047(Work) 757-428-3588 ext. 7239 C 724-462-0341 Russell Bowey—Australia cassie.mcouaauediedoarcavce.orq Austin,William('17) dougknuevenecomCast.net International-At large (Diana Austin) Rmhowey6binpond.com Taylor,Jennie E. 3544 Austin) Dr. Little,Lora('19) Director-Bookstore,Camp, VA 24018 (Greg Little) Tyler Dewey Marketing,Direct Mail, 0 Roanoke, 807 Harbor Isle Circle E SAC At-large Internet and Technology, Gl 540-556-3914z.n¢t Memphis,TN 38103 585-490-3134 Conferences,Public ®901-581-4516 tylerwilliamdewey(dgmail.com Information,Trade Sales Bishop,Pat (`21) loralittle183)icloud.com and Membership 2923 Temple Tit. Senior Management: 757-428-3588,ext.7249 Park,FL 32789 Loveland,Martha('19) jennie.tavlorc edgarcavce.orq Winter63-5376 (Larry) Todeschi,Kevin J. C321-21804 Olympia Circle, (Mary Roach) Van Auken,James prbish0o(Dbellsouth.net Helena,AL 35080 Executive Director&CEO Vice President of Academic 205-620-1321(Homcl 757-457-7210 Affairs,Atlantic University Brown,William('18) ®205-902-5204 215 67"St 4137 Virginia Rail Dr. marthaloveland(algmail.corn ©757-771-1135 Providence Forge, VA 23140 kevin.todesehiQedoarcayce.orq Virginia Beach,VA 23451 804-557-3650(Home) Sanchez,Penny('22) 757-428-3588 ext_7121 757-575-3700 2244 London St. Adamson,Jo james.vanauken(o3atlanticuniv.edu Brother-0ill(& cem Medical Director- msn. Virginia Beach,VA 23454 Cayce/Reilly School of Van Auken,John 847-275-2012 (Home) Massage&Spa Director,ECF— Carroll,Don('18) PsanchezI 16@aol.com 757428-7599 ext. 7130 Consulting Conferences, 830 Terrace Ave. C434-906-3385 Publishing, Archeological Virginia Beach,VA 23451 Umscheid,Lou ('21) Jo.adamson@edoarcayce.orq Research,New Course Dev 757-227-9400(Home) (Hersberger, Rick) 757428-3588 ext. 7127 0 561-385-1387 123 Old Heritage Ct. Belisle,Patrick(Jane) CanoIH1(o�cox.net Hillsborough,NC 27278 john.van.auken(rDedgamavce.ary g Director-Development 0919-960-9580 757-428-3588,ext.7126 Cayce,Leslie('22) Louumscheid(algmail.com pat.belisle(u)edgarcavice.orn 1225 Sandbridge Rd Virginia Beach,VA 23456 Corporate Secretary Furgason,Denise 757-426-6798(Home) (Ellen Selover) ©757-636-8982 Martinez,Mercy CFO and Accounting cavicelesliect(agmail.com (Bert Martinez) Manager 14217 SW 45 St. 757-457-7158 DeMar,Dan('21) Miami,FL 33175 ©757-377-1077 (Candice DeMar) C305-542-5748 301 Calle Leon NWdcnicc(urgasen(aedearcaym.ore mercy.madinez(dedgarcevice.orq Albuquerque.NM. 87114 505-897-9982(Home) dema691&icloud.com A.R.F.. 215 6r St..Virginia Reach,VA. 23451 Revised 06/012018 ,. . MAW Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list If necessary) (Sec (8) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) EA&4te._ Cagy Cc FOien-8137001 . {`rt c.AwrtL (..A. n'14-3 12v 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 (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. 4 ' SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT w ente Beads YES] NO SERVICE PROVIDER nisaadditletul sheets If needed) f�l .X Accounting and/or preparer of I I LLLJJJ your tax return ❑ Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Aoolicant)- identify purchaser and purchasers service providers Any other pending or proposed ❑ - purchaser of the subject property L� (identify purchaser(s)and purchasers service providers) C✓ Construction Contractors Engineers/Surveyors/Agents Financing (include current ❑ i—1/ mortgage holders and lenders Et--- selected or being considered to provide financing for acquisition or construction of the property) ❑ [i' Legal Services Real Estate Brokers / ❑ Agents/Realtors for current and anticipated future sales of the subject property d e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ RV 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 Beath CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. tYn.' `J T•.+b_G_s_c_C . nea:n J. —tsck.' 7-19-18 APPLICANT'S SIGNATURE PRINT NAME DATE Exrd,ti .- C-e-0 Page 5 of 7 • VB,„ OWNER Virginia Beach YES NO SERVICE PROVIDER Ise additional sheets If needed) ❑ a Accounting and/or preparer of your tax return ❑ a Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than Erthe Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ [E( purchaser of the subject property L� (identify purchaser(s)and purchaser's service providers) ElEh 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) I I Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the _subject property e , SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ Et 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 INK3 Virginia Beach CERTIFICATION: I certify that all of the information contained In this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE IIt, + Cr:o Page 7 of 7 K. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS-ELECTRICAL DIVISION COMMUNITY ORGANIZATION GRANT(COG) AND ALLOCATION REVIEW COMMITTEE COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMISSION PARKS AND RECREATION COMMITTEE PUBLIC LIBRARY BOARD OLD BEACH DESIGN REVIEW COMMITTEE STORMWATER APPEALS BOARD WETLANDS BOARD - Y L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers *********************************** ................................ If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ********.*****tosv n.******* CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/10/2018 PAGE: I D A AGENDA V rTEM q SUBJECT MOTION VOTE A E H W B N E J U I B P DNOKM H L W O 0 Y LN AO R S 0 T R E E EN S I 0 0 T TR YS ES N N D CITY COUNCIL'S BRIEFING A. SHORT TERM RENTAL-Discussion City Council City Council II. CITY MANAGER'S BRIEFINGS A. POLICE DEPARTMENT MID-YEAR Chief James A. REPORT Cervera-Police B. HOUSING RESOURCE CENTER Andrew M. UPDATE Friedman, Director-Housing and Neighborhood Preservation C Ronald H.Williams, PORTS CENTER COMPREHENSIVE Jr.,Deputy City AGREEMENT Manager D. PUBLIC SAFETY VERTICAL PAY Steven R.Cover, COMPRESSION PROPOSAL Deputy City Manager ADDED PENNING PLANNING ITEMS Carolyn Smith, Planning Administrator Jimmy McNamara, City Planner INN/ CERTIFICATION CERTIFIED 10-0Y Y Y Y Y Y Y Y Y Y V/VI A-E H. MAYOR'S PRESENTATION I. GENERAL ASSEMBLY RESOLUTION Delegate Barry COMMENDING WILLIAM D. SESSOMS, Knight JR. 2. Michael Kisschman, PARKS and RECREATION MONTH Director I.I. Resolution to SUPPORT initiatives and ADOPTED,BY 10-011 Y V V '? Y Y Y Y Y opportunities re make the City a Livable CONSENT Community for All Ages 12. Ordinance to AUTHORIZE and ADOPT a WITHDRAWN,BY 10-0 Y Y Y Y Y Y Y Y Y Y Revised City Council Policy re Time Limits CONSENT for Speakers at City Council Meetings CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/10/2018 PAGE: 2 D AGENDA A V ITEM SUBJECT MOTION VOTE A E H W B N E 1 U I B PDNOKM H L W O O Y L N AO R S 0 T R E EENS 1 0 0 T TR YS ES N N D 1.3. Resolution to SUPPORT the City's 2018 ADOPTED,BY 10-0 Y Y V V V Y Y Y Y Y Applications for VDOT SMART SCALE CONSENT Program for FY2023-24 and FY2024-25 re improvement projects for General Booth/Ocean Boulevard Intersection;General Booth Boulevard;Laskin Road Phase IR and First Colonial Road 14. Resolution to ENDORSE the Interstate 264 ADOPTED,BY 10-0 Y V Y Y Y V Y Y Y Y Town Center-Pembroke Signs and CONSENT AUTHORIZE reimbursement of costs resign modification L5. Resolution to AUTHORIZE a MOU with ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Preservation Virginia for the purchase of two CONSENT (2)shuttle hosts re Cape Henry Lighthouse and First Landing Monuments I.6. Resolution to AUTHORIZE the issuance of ADOPTED 10-0 Y Y Y Y V Y Y Y Y Y Residential Care Facility Revenue and Refunding Bonds not to exceed$85-Million by the VBDA It Westminster-Canterbury on Chesapeake Bay V. Ordinance to ESTABLISH CI? re Flood ADOPTED 10-0 Y YYY Y Y Y Y Y Y Mitigation Assistance (FMA) Grant Program 111 and ACCEPT/APPROPRIATE $2,914,976 from VDEM .8. Ordinance to APPROPRIATE$195,000 from ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Town Center SSD Revenue Fund to the Town CONSENT Center SSD Operating Budget re contractual services,repair and maintenance 1.9. Ordinance to ACCEPT/APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y V Y Y Y Y Y $15,000 from VDEM to Emergency CONSENT Management's Operating Budget re medically friendly shelter capabilities and AUTHORIZE an In-Kind Grant Match 1.10 Ordinance re SPORTS CENTER: ADOPTED 10-0 YY YYY Y Y Y Y Y a. TRANSFER $3.5-Million from Dome Site Enmtaimment Venue CIP to Central Beach and Convention Districts Parking OP 1.10 Resolution re SPORTS CENTER: ADOPTED 8-2 N V Y Y Y Y N Y Y Y b. AUTHORIZE City Manager to EXECUTEa Comprehensive Agreement CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/102018 PAGE: 3 D AGENDA V V ITEM q SUBJECT MOTION VOTE A E H W B N E 1 U 1 B P DNOKM H L W O 0 Y TN AO R S 0 T R F E ENS I 0 0 T TR Y S ES N N D 1.1. ENOCH BAPTIST CHURCH/ APPROVED,AS 10-0 Y V Y Y Y Y Y Y Y Y VOLUNTEERS OF AMERICA,INC. for MODIFIED/ Modification of Conditions re group home at CONDITIONED, 5677 Herbst Moore Road(Approved April 16, BY CONSENT 1979)DISTRICT 2-KEMPSVILLE 1.2. ST. LUKE CATHOLIC CHURCH and APPROVED,AS 10-0 Y Y Y Y Y Y Y V Y Y CATHOLIC DIOCESE OF RICHMOND MODIFIED/ for Modification ofConditions re religious use CONDITIONED, at 2304 Salem Road(Approved November 27, BY CONSENT 1990)DISTRICT 7-PRINCESS ANNE 1.3. JOHN S. and KAREN S. WALLER fora APPROVED,AS 10-0 Y Y Y V Y V V V Y Y CCOZ from AG-HAG-2 to Conditional R-10 PROFFERED at 2313 Treesong Trail DISTRICT 7-PRINCESS ANNE 14. J AND B DESIGN, INC/ VILLAGE APPROVED/ 10-0 YY Y Y Y Y Y Y Y Y SHOPPES ASSOCIATES,LLC for a CUP CONDITIONED, re tattoo parlor at 3157 Virginia Beach BY CONSENT Boulevard DISTRICT 6-BEACH 1.5. THE LASH CEO, LLC/ SIFEN APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y DEVELOPMENT COMPANY,INC.for a CONDITIONED, CUP re tattoo parlor at 1060 Lynnbaven BY CONSENT Parkway DISTRICT 3-ROSE HALL 1.6. NINA and WILLIAM GILBERT for a CUP APPROVED/ 10-0 YVYY V Y Y Y Y Y re residential kennel at 5716 Blackwater CONDITIONED, Road BY CONSENT DISTRICT 7-PRINCESS ANNE 17. HALLE PROPERTIES, ILO COPA WITHDRAWN,BY 10-0 Y Y Y Y Y Y Y Y V Y THREE, LLC for a CUP re automobile CONSENT repair garage at 620 First Colonial Road DISTRICT 6-BEACH K. APPOINTMENTS: RESCHEDULED B YCON S ENS US 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS - ELECTRICAL DIVISION COMMUNITY ORGANIZATION GRANT (COG)AND ALLOCATION REVIEW COMMII IFE COMMUNITY POLICY AND MANAGEMENT TEAM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/10/2018 PAGE: 4 D AGENDA V V ITEM SUBJECT MOTION VOTE A E 11 W B N E I U I B PDNOKM H L W O O Y LN AO R S 0 T R EEENS I 0 0 T TR YS ES N N D COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMISSION PARKS AND RECREATION COMMITTEE PUBLIC LIBRARY BOARD OLD BEACH DESIGN REVIEW COMMITTEE STORMWATER APPEALS BOARD UM/N ADJOURNMENT 7:52 PM