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HomeMy WebLinkAbout10-16-18 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL IHee,4c/y. MAYOR LOUIS RJONES.Bayside District 4 u. VICE MAYOR JAMES L. WOOD.LS A i-District 5 JESSICA E ABBOTT.K mps II District 2 M.BENJAMIN DAVENPORT At Lrg ROBERT M.DYER.Centerville District I BARBARA M.HENLEY.Princess A District7 se SHANNON DS KANE.Rose Hall-District 3 JOHN D.MOSS.At Large ,,, ,,,,o+ � 'OHNE.UHRIN Beach District 6 ROSEMARY WILSON At-Large CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-DAVID L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ArTOR.NEY-MARCD.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR FAX(757)385-5669 CITY AUDITOR-LYNDON S REMIAS October 16, 2018 E-MAIL:CITYCOUNCIL( vfgovcom CITY CLERK-AMANDA BARNES MAYOR LOUIS R.JONES PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room- 4:00 PM A. DISPARITY STUDY CONSULTANT FEEDBACK Sameer Bawa, Ph.D., Managing Director—BBC Research and Consulting Iris McClish, Director—BBC Research and Consulting II. CITY MANAGER'S BRIEFING A. UNAUDITED FINANCIAL RESULTS Patti Phillips, Director—Finance III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION -Conference Room- 5:15 PM A. CALL TO ORDER—Mayor Louis R. Jones B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Louis R. Jones B. INVOCATION: Reverend Ken Christian,Jr. Pastor,New Life 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 SESSION October 2,2018 G. FORMAL SESSION AGENDA I. CONSENT AGENDA H. MAYOR'S PRESENTATIONS I. EXTRA MILE DAY James E. Parke, Volunteer Resources 2. NATIVE AMERICAN HERITAGE MONTH Chief Lee Lockamy,Nansemond Indian Tribe I. PUBLIC HEARING 1. SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA(SPSA) Amended and Restated Articles of Incorporation J. ORDINANCES/RESOLUTIONS L Resolution to APPROVE and ADOPT the Amended and Restated Articles of Incorporation re Southeastern Public Service Authority of Virginia (SPSA) 2. Resolution to ADOPT the City's 2019 Legislative Agenda (Deferred from October 2,2018) 3. Resolution to MOVE and RESCHEDULE the November 6, 2018 Regular Meeting of the City Council to November 13,2018 with time and location to remain same 4. Resolution regarding the effective date of prospective regulations re Home Sharing and Short Term Rentals 5. Resolution to SUPPORT the City's 2018 Application to the Virginia Department of Transportation (VDOT)re Bicycle and Pedestrian Safety Program at Pacific Avenue between 51h and 40th Streets IIS 6. Ordinance to AMEND City Code Section 8-70 re composition of the Local Board of Building Code Appeals—Electrical Division 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as West Neck Road, Back Gate Drive, and Tin Barn Way located adjacent to the Subdivision of Kingston Estates re construct and maintain two(2) entry wing walls ISI 8. Ordinance to ACCEPT and APPROPRIATE from the Federal Emergency Management Agency (FEMA): a. $33,750 in Grant Funds to the FY2018-19 Police Department Operating Budget re marine patrol dive equipment b. $1,323,990 in Grant Funds to the FY2018-19 Fire Department Operating Budget re continued operation of the Virginia Task Force 2 Urban Search and Rescue Team c. $500,000 in reimbursement from the Federal Emergency Management Agency(FEMA)to the FY2018-19 Fire Department Operating Budget re mobilization of the Virginia Task Force 2 Urban Search and Rescue Team for Hurricanes Lane, Olivia, and Florence 9. Ordinance to ACCEPT and APPROPRIATE: a. $15,555 In Lieu of Park Reservation from the Trotter Court Subdivision to the Parks/Special Use Facility Development and Renovations III CIP b. $46,128.75 in donations from the Friends of Virginia Beach Public Libraries to the FY2018- 19 Department of Public Libraries Operating Budget K. PLANNING I. KYLE W.& BAILEY B. FETT for a Variance to Section 4.4(b)of the Subdivision Regulations re lot width at 633 Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 2. PRINCESS ANNE MEADOWS,LLC/WILLIAM& JAMES SNOWDEN for a Conditional Change of Zoning from AG-I Agricultural to Conditional R-10 Residential and Modification of Proffers at the 2800-2900 Block of Princess Anne Road (Dated September 22, 2015)DISTRICT 7— PRINCESS ANNE RECOMMENDATION: APPROVAL 3. GRIER HAHN ENTERPRISES,INC./POOLE'S DOCKSIDE,LLC for a Modification of Conditions re commercial marina at 3311 Shore Drive(Approved April 22, 1974 ) DISTRICT 5— LYNNHAVEN RECOMMENDATION: APPROVAL 4. CRESPO ENTERPRISES, INC. d/b/a ROADRUNNER TOWING&AC ENTERPRISES, INC. d/b/a LOGAN'S TOWING/5312 VIRGINIA BEACH BOULEVARD,LLC for a Conditional Use Permit re bulk storage yard at 5312 Virginia Beach Boulevard DISTRICT 2— KEMPSVILLE RECOMMENDATION: APPROVAL 5. NOFISAT TAYO & BOLUDE JONES KOMOLAFE for a Conditional Use Permit re family day-care home at 1961 Arlington Arch Drive DISTRICT 1 — CENTERVILLE RECOMMENDATION: APPROVAL 6. MAVIS BAHADOSINGH & NICHOLAS GRADY for a Conditional Use Permit re family day- care home at 1605 Cliffwood Drive DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 7. JASMEEN GOULD/CRUZ LIVING TRUST for a Conditional Use Permit re family day-care home at 4440 Pissarro Drive DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 8. ANDERSON'S VIRGINIA BEACH, LLC/AGI-VB HOLDINGS,LLC for a Conditional Use Permit re outdoor recreational facility at 1925 Fisher Arch DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 9. MARY BOZARD/THOMAS LEE BOZARD for a Conditional Use Permit re residential kennel at 2880 Indian River Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 10. THE EDGE SPORTS, LLC/FAIRFIELD TIC,LLC; BCP TIC,LLC; DMF TIC,LLC; GCK TIC,LLC for a Conditional Use Permit re indoor recreational facility at 5258-A Fairfield Shopping Center DISTRICT 2—KEMPS V ILLE RECOMMENDATION: APPROVAL 11. Ordinance to ADOPT and INCORPORATE into the Virginia Beach Comprehensive Plan the Burton Station Strategic Growth Area Master Plan 2018 which will supersede the Burton Station Strategic Growth Area Master Plan 2009 and AMEND the Executive Summary, Sections 1.2 (Urban Areas), and Chapter 3 (Plan Implementation and Agenda for Future Action) of the Comprehensive Plan 2016 pertaining to the Burton Station Strategic Growth Area Plan RECOMMENDATION: APPROVAL L. APPOINTMENTS BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS -ELECTRICAL DIVISION HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL PERSONNEL BOARD PUBLIC LIBRARY BOARD STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ................................ If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 10/09/2018 pm MAYOR LOUIS R.JONES PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room- 4:00 PM A. DISPARITY STUDY CONSULTANT FEEDBACK Sameer Bawa, Ph.D., Managing Director—BBC Research and Consulting Iris McClish, Director— BBC Research and Consulting II. CITY MANAGER'S BRIEFING A. UNAUDITED FINANCIAL RESULTS Patti Phillips, Director—Finance III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room- 5:15 PM A. CALL TO ORDER—Mayor Louis R. Jones B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION 1 VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Louis R. Jones B. INVOCATION: Reverend Ken Christian,Jr. Pastor, New Life 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 SESSION October 2, 2018 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. EXTRA MILE DAY James E. Parke, Volunteer Resources 2. NATIVE AMERICAN HERITAGE MONTH Chief Lee Lockamy, Nansemond Indian Tribe 0 lA B40 „p4s.=o ri OUR NA�� la rottamatton '4 tiaras: The City of 'Virginia Beach is a community which acknowledges that a special vibrancy exists within the entire community when its individual citizens cofectively "go the extra mile”in personal effort, volunteerism,and service;and Wiettas 'Virginia Beach is a community which encourages its citizens to maximize their personal contribution to the community 6y giving of themselves wholeheartedly and with total effort, commitment, and conviction to their indrvufual ambitions,family, friends,and community;and 144 ereas: 'Virginia Beach is a community which chooses to shine a fight on and cele6rate individuals and organizations within its community who go the extra mile"in order to make a difference and lift upfellow mem6ers of their community;and Whereas: 'Virginia Beach acknowledges the mission of Extra Mile America to create 575 Extra dile cities in America and is proud to support "Extra dile Day"on Novem6er 1, 2017. Now, 'Therefore, I, Louis Jones, Mayor of the City of'Virginia Beach, 'Virginia, do hereby Proclaim: October 16, 2018 • xJra 9wfilè (Day In'Virginia Beach, and I urge each individual in the community to take time on this day to not only "go the extra mile"in his or her own fife, 6ut to also acknowledge all those who are inspirational in their efforts and commitment to make their organizations,families, community, country, or world a better place. In 1+ftntss Whereof, I have hereunto set my hand and caused the Official Seal of the City of Virginia(Beach,'Virginia, to 6e affixed this Sixteenth day of October,Two' TiousaniEighteen. A401-7-1471.411./ Louis W,Jones 9Kayor -. s NT... O4 OUR NATO Vrottamation WHEREAS: Native Americans have made use of the natural resources in'Virginia and Virginia Beach for over 15,000 years;and 'Wll'EAS: Native Americans prospered in`Virginia as hunters and gatherers for thousands of years living in bands and encampments;;and WHEW'S: NativeAmencans developed tribal relationships andsettled in hamlets and villages; and WRIEWS: The Chesapeake Indian Tribe resided in a village in'Virginia Beach at the time of or just prior to the early seventeenth century settlement of the region 6y England and W1ltE4MAS: Members of the Nansemondlndran tribe moved eastward settling in areas that included'Virginia Beach;and WXEI' AS: An Indian reservation in the(Pungo area of'Virginia Beach was occupied 6y Nansemond Indians in the late seventeenth century;and l'IMMAS: The Commonwealth of Virginia officially recognized the Nansemond Indian Tribe in 1985;and ` HEEAS: The'United States of America officially recognized the Nansemond Indian Tri6e in 2018;and ¶4 E ` I S: Mem6ers of the Nansemond Indian Tribe play an essential role in the'Virginia Beach community today;and 1W 1!E FAS: Chief Lee Lockamy is a resident of the City of Virginia Beach;and 'WJITKAAS.: November was first declared as Native American heritage Month in the'United States ofAmerica in 1990;and 14 1 ,AS: November is also commemorated as Native American 2feritage Month in the Commonwealth of Virginia; WOW,,ofEgaTo fE,I,Louis 9j,Jones,Mayor of the City of Virginia Beach,'Virginia,do hereby proclaim November 2018 Native American Jferitage Month In'Virginia Beach,andfurthennore call upon the citizens,government agencies,pub&and private institutions,businesses and schools in'Virginia Beach to recognize the contributions of Native Americans to the history and development of the city,state and nation and to commemorate this month with appropriate activities. In testimony whereof I have hereunto set my hand and caused the Official-Sea(of the City of'Virginia Beach,Virginia, to 6e affiX•edthis 16th day of October,two thousand eighteen. Reitts, 31117A.AV . . • Louis Jones Mayor I. PUBLIC HEARING 1. SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA (SPSA) Amended and Restated Articles of Incorporation 4.,M 3 ), \ , ........ NOTICE OF PUBIIC HEARING CONSIDERATION OFA RESOLUTION TO APPROVE AND ADOPTING AMENDED AND RESTATED ARTICLES OF INCORPORATION FOR THE SOUTHEASTERN PUBUC SERVICE AUTHORITY OF VIRGINIA Notice Is hereby men that on Moes I5,201H,at MO pm, In the City Council Chamber,2^• Floor, City Hall Building 2401 Courthouse Drive. Virginia Beach. the Virgin Beach City Council will conduct a public Marina on a proposed resolution for approval and adoption of amendments to the Addles of Incorporation or the Southeastern Public Service Authority of Virginia (SPSA). The amendments are necessary bemuse Of changes in the law enacted by the 2018 General Assembly,set forth in Vs.Code § 152.5102.1(1). that clarify Me term limit 'Makable to members of the Board of Directors. After the conclusion of the public hearing the City Council may vote on the Proposed resoubon. The proposed amendments are set forth in a document entitled "Amended and Restated Articles Mf Incorporation the Southeastern Public Service Authority o TUtOrll■'(1_!I- Virginia' (the Amed endMi . i change made by the thethe Amended Articles powder locally appointed beard members are not sngM to the term limn of two terms. Notwithstanding the CityCouncil the City Council shah retain the ability to appoint or not such locally appointee board member in its sole discretion. My person interested In this matter may appear and be heard at the time and place set forth reeve. A copy of the resolution and the Amended Articles can be obtained from the off N the cm Attorney by calling(757)385-4531 II you ere ptyeleN disabled or visually impaired and need assistance at this meeting please cal/ the CITY CLEW'S OFFICE at 386/303, Heating Impaired, call 1-8C0428-112O Virginia Relay -Telephone Device for the Deaf). Al Interested parties are invited to attend. Amends Barnes.ADAC City Clerk BEACON:sworn*.18.2018 J. ORDINANCES/RESOLUTIONS 1. Resolution to APPROVE and ADOPT the Amended and Restated Articles of Incorporation re Southeastern Public Service Authority of Virginia (SPSA) 2. Resolution to ADOPT the City's 2019 Legislative Agenda(Deferred from October 2,2018) 3. Resolution to MOVE and RESCHEDULE the November 6, 2018 Regular Meeting of the City Council to November 13,2018 with time and location to remain same 4. Resolution regarding the effective date of prospective regulations re Home Sharing and Short Term Rentals 5. Resolution to SUPPORT the City's 2018 Application to the Virginia Department of Transportation (VDOT) re Bicycle and Pedestrian Safety Program at Pacific Avenue between 5`11 and 40th Streets 6. Ordinance to AMEND City Code Section 8-70 re composition of the Local Board of Building Code Appeals—Electrical Division 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City Property known as West Neck Road, Back Gate Drive, and Tin Barn Way located adjacent to the Subdivision of Kingston Estates re construct and maintain two (2) entry wing walls 8. Ordinance to ACCEPT and APPROPRIATE from the Federal Emergency Management Agency (FEMA): a. $33,750 in Grant Funds to the FY2018-19 Police Department Operating Budget re marine patrol dive equipment b. $1,323,990 in Grant Funds to the FY2018-19 Fire Department Operating Budget re continued operation of the Virginia Task Force 2 Urban Search and Rescue Team c. $500,000 in reimbursement from the Federal Emergency Management Agency(FEMA)to the FY2018-19 Fire Department Operating Budget re mobilization of the Virginia Task Force 2 Urban Search and Rescue Team for Hurricanes Lane, Olivia, and Florence 9. Ordinance to ACCEPT and APPROPRIATE: a. $15,555 In Lieu of Park Reservation from the Trotter Court Subdivision to the Parks/Special Use Facility Development and Renovations Ill CIP b. $46,128.75 in donations from the Friends of Virginia Beach Public Libraries to the FY2018- 19 Department of Public Libraries Operating Budget CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Approving and Adopting Amended and Restated Articles of Incorporation for the Southeastern Public Service Authority of Virginia MEETING DATE: October 16, 2018 • Background: Legislation enacted by the 2018 General Assembly, effective July 1, 2018, clarified the term limit for members of the SPSA's Board of Directors. The legislation retains the term limit for those members of the Board appointed by the Governor, but it removed the term limit for members appointed by the participating localities. The member appointed by the participating localities serves ex officio, and this ex officio member is required to be an employee of the member locality. Because the Articles of Incorporation (the "Articles") for SPSA mirrored the language of the state law regarding term limits, the Articles require updating to maintain consistency between the applicable state law and the Articles. State law requires an amendment to the Articles to comply with the same formalities as the establishment of an authority pursuant to the Virginia Water and Waste Authorities Act, Virginia Code §§ 15.2-5100, et seq. As such, a 30 day notice was required along with a public hearing prior to adoption. Additionally, the resolution is required to describe the estimates for capital costs and initial rates of service even though those topics are not germane to the substance of the amendment to the Articles. • Considerations: The Articles may be amended only by concurrent resolutions of all eight member jurisdictions. Therefore, the attached resolution will be required to be adopted by each member prior to completing the amendment of the Articles. Once adopted, the Articles are filed with the Virginia State Corporation Commission. • Public Information: Virginia Code § 15.2-5104 requires that there be a public hearing, notice of which must be published one time in a newspaper of general circulation at least 30 days prior to the public hearing. This requirement has been met by publication of the required notice in the Virginian-Pilot. • Recommendations: Adoption of Resolution • Attachments: Resolution, Amended and Restated Articles of Incorporation, 2018 Acts of Assembly c. 547. Recommended Action: Approval Submitting Dep me ncy: Public Works Al City Manager: 1 A RESOLUTION APPROVING AND ADOPTING 2 AMENDED AND RESTATED ARTICLES OF 3 INCORPORATION FOR THE SOUTHEASTERN 4 PUBLIC SERVICE AUTHORITY OF VIRGINIA 5 6 WHEREAS, the cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and 7 Virginia Beach, and the counties of Isle of Wight and Southampton ("Member 8 Localities") created the Southeastern Public Service Authority of Virginia ("SPSA") 9 pursuant to the Virginia Water and Waste Authorities Act (the "Act"), Va. Code § 15.2- 10 5100, et seq.; and 11 12 WHEREAS, by amendment to the Act enacted under 2018 Va. Acts of Assembly 13 House Bill 1560 and codified in Va. Code § 15.2-5102.1, certain changes were made 14 regarding term limitations for members of SPSA's Board of Directors appointed by the 15 Member Localities, that require amendments to its Articles of Incorporation (the 16 "Articles"); and 17 18 WHEREAS, the amendments that are needed to bring the Articles into 19 conformance with the changes in the Act are set forth in the attached Amended and 20 Restated Articles of Incorporation (the "Amended Articles'); and 21 22 WHEREAS, the Act requires that any amendments to the Articles must be 23 adopted by concurrent resolutions, ordinances or agreements of all the Member 24 Localities and that before any resolutions can be adopted, the councils and boards of 25 supervisors of each of the Member Localities must comply with certain notice, 26 advertising and public hearing requirements set forth in the Act; and 27 28 WHEREAS, in furtherance of the requirements of the Act, proper notice of a 29 hearing and other information required by the Act was published and the councils and 30 boards of supervisors of the Member Localities ("Councils and Boards") adopted 31 separate resolutions approving and adopting the Amended Articles; and 32 33 WHEREAS, the separate resolutions of the Member Localities authorized each of 34 the Member Localities to execute this single Concurrent Resolution. 35 36 NOW, THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY 37 OF VIRGINIA BEACH, VIRGINIA: 38 39 1. The preliminary estimates of capital costs, proposals for any specific 40 projects to be undertaken by the Authority and preliminary estimates of initial rates for 41 services of such projects were not included in the Amended Articles because they are 42 not germane to the process of amending the Articles and, in any event, the councils and 43 boards of the Member Localities find that inclusion of such information is impracticable. 44 45 2. Pursuant to the provisions of the Act, the City Council hereby approves 46 and adopts the Amended Articles. 47 48 3. This resolution adopting the Amended Articles shall be effective as of 49 July 1, 2018. 50 51 4. The City Councils directs that the Mayor (i) execute the Amended Articles 52 attached hereto, (ii) cause the executed Amended Articles to be filed with the Virginia 53 State Corporation Commission, and (iii) do all other things necessary or appropriate to 54 amend the Articles pursuant to the Amended Articles, including the execution of this 55 single Concurrent Resolution with other Member Localities. 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: Air Department of ublic Works • ice of City Attorney CA14522 R-1 October 3, 2018 AMENDED AND RESTATED ARTICLES OF INCORPORATION OF THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA The Councils of the Cities of Chesapeake, Franklin,Nansemond, Norfolk, Portsmouth, Suffolk, and Virginia Beach and the Boards of Supervisors of the Counties of Isle of Wight and Southampton created the Southeastern Public Service Authority of Virginia (the "Authority"), formerly the Southeastern Water Authority of Virginia, pursuant to the Virginia Water and Waste Authorities Act, Chapter 51, Title 15.2, Code of Virginia of 1950, as amended (the"Act"), formerly the Virginia Water and Sewer Authorities Act(Chapter 28, Title 15.1, Code of Virginia of 1950,as amended),as a public body politic and corporate,by adopting Articles of Incorporation effective January 24, 1973 (the"Original Articles"). On January I, 1974,the Cities of Nansemond and Suffolk were consolidated into a single city and the terms of the members representing those cities terminated and the governing body of the consolidated City of Suffolk appointed a member to fill the vacancy and serve for the unexpired term. By concurrent resolutions, adopted by the Councils and the Boards of Supervisors of the Cities of Chesapeake, Franklin,Norfolk, Portsmouth, Suffolk and Virginia Beach and the Counties of Isle of Wight and Southampton (collectively, "SPSA Member Communities"), the Original Articles were amended by Articles of Amendment dated January 15, 1976 (the "1976 Amendment")and 12ZG by Articles of Amendment dated July 15, 1983 (the `1983 Amendment"). by Amended and Restated Articles effective January 1. 2010, In view of recent amendments to the Act that become effective 4fflatiefy,Lu 1,2010 2018,the Councils and the Boards of the SPSA Member Communities by concurrent resolutions have adopted these Amended and Restated Articles of Incorporation of the Southeastern Public Service Authority of Virginia that hceeme-cttective on Jamaryas of July I, 2940201 S. and hereby certify: 6842-54 4155259S) (a) The name of the Authority is`Southeastern Public Service Authority of Virginia" and the location of its principal office is in Chesapeake, Virginia. (b) The powers of the Authority shall be exercised by a board of directors (the "Board")consisting of sixteen (16)members selected in the following manner: (i) one member from each participating political subdivision who shall be selected and appointed by the Governor (each,a"Governor Appointed Board Member") from a list of three proposed members submitted by the governing body of each participating subdivision,which proposed members shall possess general business knowledge and shall not be an elected official, and (ii) one member from each participating political subdivision who shall be directly appointed upon a majority vote of the governing body of the political subdivision and who shall be an employee of the political subdivision (each a "Locality Appointed Board Member"). (c) The first members of the Board consisted of one member residing in and appointed by the governing body of each of the original incorporating political subdivisions. The names and addresses of the first Board members,the names of the appointing political subdivisions and the year of expiration of the terms of the first Board members were as follows: Name Address Appointing Political Subdivision Expiration of Terms Mrs. Marian P. Whitehurst, Mayor Chesapeake 1975 P.O. Box 15225, Chesapeake, VA Dr. Darden W. Jones, Mayor Franklin 1973 P.O. Box 96, Franklin, VA Gurley A. Barlow, Jr., Chairman Isle of Wight 1974 Board of Supervisors, Route 1, Smithfield, VA D.J. Magnum,Jr., Mayor Nansemond 1973 318 Sherwood Dr., Suffolk, VA Roy B. Martin. Jr., Mayor Norfolk 1976 City Hall, Norfolk, VA 2 FIC 1iax-n-iss2so ,y Name Address Appointing Political Subdivision Expiration of Terms Jack P. Barnes, Mayor Portsmouth 1975 I High Street, Portsmouth, VA W. H. Story, Chairman Southampton 1974 Board of Supervisors, Capron, VA James F. Hope. Mayor Suffolk 1973 P.O. Box 1569, Suffolk,VA Robert B. Cromwell, Jr., Mayor Virginia Beach 1976 P.O. Box 5533, Virginia Beach, VA The terms of the first members began on the date of the issuance to the Authority of the certificate of incorporation by the State Corporation Commission and expired on December 31 of the years set forth above. (d) Alternate Board members may be selected in the same manner as Board members. Alternate Board members selected by the Governor shall have the same qualifications as Governor Appointed Board Members. Alternate Board members selected by the participating political subdivisions shall have the same qualifications as Locality Appointed Board Members. (e) The successor of each Board member shall be appointed for a term of four years, except that any person appointed to fill a vacancy shall serve only for the unexpired term. Board members shall hold office until their successors shall have been appointed and qualify, and any member shall be eligible for reappointment to succeed himself; provided, however, that no Governor Appointed Board memberMember shall serve for more than two consecutive four-year terms,except that any memberfinyerpor Appointed Member appointed to the unexpired term of another shall be eligible to serve two consecutive four-year terms. The term of each Ex officioLocal'iv Annoi t d Board Member shall expire upon such member's ceasing 3 II55fl5 %l1-Isc'cc 1 full-time salaried employment with such member's participating political subdivision. Each Governor Appointed Board Member may receive compensation of$25 per meeting attended but not to exceed $600 per year, or such other compensation as may be determined from time to time by resolutions of the governing bodies of the member political subdivisions, but each Ems- ie-ioL lits Anointed Board Member shall serve without compensation. Each Board member shall be reimbursed the amount of the member's actual expenses necessarily incurred in the performance of the member's duties. (f) The Authority has been formed for the purposes of financing, constructing, operating and maintaining a water system and a garbage and trash collection and disposal system, all pursuant to the provisions of the Act. The core purpose of the Authority is the management of the safe and environmentally sound disposal of regional waste. The Authority may contract with its participating political subdivisions, any sanitary district thereof or any authority therein created pursuant to the Act to furnish water service and garbage and trash collection and disposal service upon such terms as the Authority shall determine; provided, however, that the same schedule or service rates shall be applicable to all such political subdivisions unless the Authority, by unanimous consent of its Board members, authorizes different service rates for any one or more of the participating political subdivisions. The Authority is expressly prohibited from contracting with any other party desiring a supply of water except upon the written consent of the city or county within the geographical boundary of which such party is located. (g) The Authority shall cause an annual audit of its books and records to be made by the State Auditor of Public Accounts or by an independent certified public accountant at the end of 4 I I.-_2:c 41-t552C9s 2 each fiscal year and a certified copy thereof to be filed promptly with the governing body of each of the participating political subdivisions. [Remainder of this page intentionally left blank-signature pages follow] IN WITNESS WHEREOF, the Councils of the Cities of Chesapeake, Franklin,Norfolk, Portsmouth, Suffolk, Virginia Beach and the Boards of Supervisors of the Counties of Isle of Wight and Southampton have caused these Amended and Restated Articles of Incorporation to be executed on their behalf by their proper officers and their seals to be affixed and attested by their Clerks, on the date appearing above the seal. CITY OF CHESAPEAKE Date: By Title: Mayor (SEAL) ATTEST: Clerk 5 1-H:)5^s.a-1552590 CITY OF FRANKLIN Date: By Title: Mayor (SEAL) ATTEST: Clerk 6 +J-155159A CITY OF NORFOLK Date: By Title: Mayor (SEAL) ATTEST: Clerk 7 L "c>50" 1-15515981 CITY OF PORTSMOUTH Date: By Title: Mayor (SEAL) ATTEST: Clerk 8 H452i-0R]J-1552595 CITY OF SUFFOLK Date: By Title: Mayor (SEAL) ATTEST: Clerk 9 1-H3F l-1551599,1 CITY OF VIRGINIA BEACH Date: By Title: Mayor (SEAL) ATTEST: Clerk 10 ++>S'5?K}I-155159U COUNTY OF ISLE OF WIGHT Date: By Title: Chair of Board of Supervisors (SEAL) ATTEST: Clerk 11 1-13525' I1-1'5159&2 COUNTY OF SOUTHAMPTON Date: By Title: Chair of Board of Supervisors (SEAL) ATTEST: Clerk 12 us 4.2 4FIJ-Iss1s9X1 VIRGINIA ACTS OF ASSEMBLY-- 2018 SESSION CHAPTER 547 An Act to amend and reenact § 15.2-5102.1, as it is currently effective, of the Code of Virginia, relating to Hampton Roads area authority; board terms. [H 1560] Approved March 30,2018 Be it enacted by the General Assembly of Virginia: 1. That § 15.2-5102.1, as it is currently effective, of the Code of Virginia is amended and reenacted as follows: § 15.2-5102.1. (Contingent expiration date) Hampton Roads area refuse collection and disposal system authority. Any authority, or any subsidiary thereof, organized pursuant to § 15.2-5102 to operate a refuse collection and disposal system that has among its members the Cities of Norfolk, Virginia Beach, Portsmouth, Chesapeake, and Franklin, and the Counties of Isle of Wight, Southampton, and Suffolk, shall, notwithstanding any other law to the contrary, comply with the following requirements: I. Each locality that is a member of the authority shall be entitled to nominate individuals to fill one position on the Board of Directors (the Board) by submitting a list of three potential directors, each of whom shall possess general business knowledge and shall not be an elected official, to the Governor. The Governor shall then select and appoint one director from each of the lists of nominees prepared by the member localities. In addition, each member locality shall be authorized to directly appoint, upon a majority vote of the governing body of the member locality, one ex officio member of the Board who shall be an employee of the member locality. The members of the Board shall be appointed for terms of four years each. Vacancies occurring other than by expiration of a term shall be filled for the unexpired term. Vacancies shall be filled in the same manner as the original appointments. No member shall serve for more than two consecutive four-year terms, except that (i) any member appointed to the unexpired term of another shall be eligible to serve two consecutive four-year terms and (ii) a member directly appointed by the governing body of a member locality shall not be subject to a term limit. 2. The authority shall develop and maintain an overall strategic plan that shall cover a period of at least five years forward from the year in which it is submitted and approved by the Board. The plans shall be reviewed annually to determine whether amendments are needed. Any such amendments shall be submitted to the board of directors for approval. 3. The authority's core purpose shall be defined as "management of the safe and environmentally sound disposal of regional waste." The authority shall devote its time and effort to activities associated with its core purpose. A vote of a majority of the Board shall be required prior to undertaking any activities not associated with the authority's core purpose. 4. The authority shall develop and maintain a strategic operating plan identifying all elements of its core business units and core purpose, how each business and administrative unit will support the overall strategic plan, and how the authority will achieve its stated mission and core purpose. The strategic operating plan shall be subject to review and approval of the Board on an annual basis. 5. The authority shall consider outsourcing any or all functions that may result in reduced costs to the authority, and the authority shall annually issue requests for proposals that potentially reduce the costs of any of its programs. In addition, the authority shall accept and review any proposals under the Public-Private Education Facilities and Infrastructure Act of 2002 (§ 56-575.1 et seq.) that potentially reduce the costs of any of the authority's programs. 6. The authority shall evaluate its landfill capacity annually, taking into consideration and projecting future changes in the quantity of waste disposed of in its landfill, or landfills reasonably situated or contractually obligated to accept its waste. 7. The authority shall keep records of its costs, revenue, debts, and capital expenses by fiscal year for each program. The authority shall also keep records of costs for each individual capital project. 8. The authority shall maintain a detailed financing plan that shall include a plan for the retirement of all debt and a plan for the funding of all planned capital projects. The plan for the funding of all planned capital projects shall specify the amount of debt the authority will issue in furtherance of the projects and the debt repayment plan for any new debt created by the capital projects, including the revenue source that will be used to repay the debt. The detailed financing plan shall be updated and approved annually by the Board and reviewed and certified annually by an external certified public accountant. 9. Prior to issuance of new debt, the Board shall perform a due diligence investigation of the appropriateness of issuing the debt, including an analysis of the costs of repaying the debt. Such analysis shall be certified by an external certified public accountant, reviewed by the Board, and approved by a 2 oft vote of a minimum of 75 percent of the Board. The issuance of new debt shall require a vote of a minimum of 75 percent of the Board of Directors of the authority. The authority shall not issue long-term bond indebtedness to fund operational expenses. The provisions of this subdivision shall not apply to the issuance of new debt issued for the purpose of refunding or refinancing debt incurred by the authority prior to September 30, 2009. 10. In the interest of open and transparent government, the authority shall adhere strictly to the requirements of the Freedom of Information Act (§ 2.2-3700 et seq.). 1I. The executive director of the authority shall not be permitted to execute or commit the authority to any contract, memorandum of agreement or memorandum of understanding without an informed vote of approval by the Board. This subdivision shall not apply in the case of (i) contracts for the purchase of goods and services for an aggregate sum of less than $30,000, which are subject to the Virginia Procurement Act (Va. Code § 2.2-4300 et seq.) but exempted from competitive negotiation or competitive sealed bidding by a duly adopted policy of the Board and (ii) sole source and emergency procurements made pursuant to subsections E and F of§2.2-4303. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Adopting the City's 2019 Legislative Agenda MEETING DATE: October 16, 2018 • Background: City Council traditionally adopts a Legislative Agenda to the General Assembly each year. The Agenda provides the Virginia Beach General Assembly delegation with positions of the City Council on funding, legislation, public safety, and other issues that may be brought before the General Assembly. • Considerations: This Agenda was prepared based on input from Councilmembers, Department Directors, and City Council's boards and commissions. • Public Information: A discussion was held with the City Council on September 4, 2018. City Council received public comment during its September 18, 2018 meeting, and it also received public input during the October 2, 2018 Council meeting. • Attachments: Resolution and 2019 Legislative Agenda. Requested by City Council 1 A RESOLUTION ADOPTING THE CITY'S 2019 2 LEGISLATIVE AGENDA 3 4 WHEREAS, the City Council traditionally adopts a Legislative Agenda and 5 requests members of the City's local delegation to the General Assembly sponsor 6 and/or support legislation therein; and 7 8 WHEREAS, the City Council has considered a number of goals and objectives 9 for inclusion in the City's 2019 Legislative Agenda. 10 11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the City Council hereby adopts the City's 2019 Legislative Agenda, which is 15 attached hereto as Exhibit A and is hereby incorporated by reference. 16 17 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 20 That the City's Delegation to the General Assembly is hereby requested to 21 sponsor and/or support legislation in the 2019 Session of the General Assembly that 22 would carry out the goals and objectives of the City as set forth in its Legislative 23 Agenda. 24 25 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 26 BEACH, VIRGINIA: 27 28 That the City Clerk is hereby directed to transmit a copy of this resolution to each 29 member of the City's local Delegation to the General Assembly. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2018. APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: / - City Manager's ce City Attorney's Offic CA14533 R-1 September 19, 2018 4. �►A"BEdi e ov` iV4(V Z t► ~ Is l& e , 0. 1q J r `t rII ioniiroll y ��L .f tt ' A ttra ' + 444 - .' • ^,..i,moi_ •I-• •• �,a, MN.. •• •-•• • • • - . _ , -. r Virginia Beach Housing Resource Center DRAFT LEGISLATIVE AGENDA GENERAL ASSEMBLY 2019 SESSION September 28, 2018 ii TABLE OF CONTENTS CITY OF VIRGINIA BEACH-CITY COUNCIL iv CITY OF VIRGINIA BEACH- GENERAL ASSEMBLY DELEGATION iv SECTION 1.1 - CITY OF VIRGINIA BEACH LONG TERM POLICY POSITIONS v 1. POST LABOR DAY OPENING FOR SCHOOLS 2 SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL 2. MORATORIUM ON URANIUM MINING 3 SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL 3. VOTING RIGHTS 4 SPONSORED BY THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION&CITY COUNCIL 4. SOLUTION TO COASTAL FLOODING,REGIONAL GREENHOUSE GAS INITIATIVE 5 SPONSORED BY CITY COUNCIL& THE HUMAN RIGHTS COMMISSION 5. MENHADEN FISHING REGULATION 6 SPONSORED BY CITY COUNCIL 6. ANIMAL CRUELTY 7 SPONSORED BY CITY COUNCIL 7. CERTIFICATE OF PUBLIC NEED 8 SPONSORED BY CITY COUNCIL 8. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT 9 SPONSORED BY VIRGINIA BEACH HUMAN RIGHTS COMMISSION&CITY COUNCIL 9. FULL FUNDING TO THE STEP-VA PROGRAM 10 SPONSORED BY VIRGINIA BEACH HUMAN RIGHTS COMMISSION& CITY COUNCIL SECTION 1.2-CITY OF VIRGINIA BEACH NEW INITIATIVES 12 10. STATE OF VIRGINIA ENACT ENABLING LEGISLATION FOR SALES TAX ON ALL INTERNET SALES 13 SPONSORED BY MAYOR LOUIS R.JONES 11. STATE OF VIRGINIA ENACT COMMUNICATIONS TAX UPDATE 14 SPONSORED BY CITY COUNCIL MEMBER, BENJAMIN DAVENPORT 12. MICRO BUSINESS PROCUREMENT PROGRAM 15 SPONSORED BY CITY COUNCIL MEMBER SHANNON KANE 13. INCREASED ABILITY TO PROCURE CONSTRUCTION BY BEST VALUE FOR CERTAIN LOCALITIES 16 SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL MEMBER SHANNON KANE 14. STRANDING PROGRAM AND CONSERVATION LICENSE PLATE 17 SPONSORED BY COUNCIL MEMBER,JOHN E. UHRIN 15. HIGH SPEED RAIL 19 SPONSORED BY MAYOR LOUIS R.JONES 16. CHESAPEAKE BAY WATERSHED IMPLEMENTATION PLAN 20 SPONSORED BY CITY COUNCIL MEMBER,JIM WOOD 17. VIRGINIA SHORELINE RESILIENCY FUND 24 SPONSORED BY CITY COUNCIL MEMBER,BARBARA HENLEY 18. STORM WATER LOCAL ASSISTANCE FUND 25 SPONSORED BY CITY COUNCIL MEMBER,BARBARA HENLEY 19. NON-DISCRIMINATION IN PUBLIC EMPLOYMENT AND HOUSING 26 SPONSORED BY VIRGINIA BEACH HUMAN RIGHTS COMMISSION&CITY COUNCIL MEMBERS,BOB DYER&SHANNON KANE 20. CITY CHARTER LIMITATION ON THE ISSUANCE OF PUBLIC FACILITY REVENUE BONDS AND OTHER EFFORTS TO CIRCUMVENT THE CITY CHARTER DEBT PROVISIONS 27 SPONSORED BY COUNCIL MEMBERS JOHN MOSS&JESSICA ABBOTT 21.SINGLE MEMBER DISTRICT VOTING FOR THE SEVEN DISTRICT REPRESENTATIVES 29 SPONSORED BY COUNCIL MEMBERS JOHN MOSS&JESSICA ABBOTT 22. CONSTITUTIONAL AMANDMENT TO ALLOW GENERAL ASSEMBLY TO IMPOSE TERM LIMITS ON GOVERNING BODIES 30 SPONSORED BY COUNCIL MEMBER JESSICA ABBOTT 23. ESTABLISH THE HURRICANE AND FLOODING RISK REDUCTION AND BOND RATING PROTECTION ACT OF 2019 31 SPONSORED BY COUNCIL MEMBER JESSICA ABBOTT iv CITY OF VIRGINIA BEACH- CITY COUNCIL Mayor Louis R. Jones - Bayside Vice Mayor James L. Wood- Lynnhaven Shannon DS Kane—Rose Hall Benjamin Davenport—At Large Jessica Abbott- Kempsville Bob Dyer-Centerville Barbara M. Henley- Princess Anne John D. Moss-At Large John E. Uhrin-Beach Rosemary Wilson - At Large Air V CITY OF VIRGINIA BEACH- GENERAL ASSEMBLY DELEGATION Senator Lynwood W. Lewis,Jr.—Senate District 6 Senator Frank W. Wagner—Senate District 7 Senator William R. DeSteph.Jr. —Senate District 8 Senator John A. Cosgrove.Jr.—Senate District 14 Delegate Kelly K. Conus-Fowler—House District 21 Delegate Barry D. Knight—House District 81 Delegate Jason R. Miyares—House District 82 Delegate Christopher P. Stolle—House District 83 Delegate Glenn R. Davis—House District 84 Delegate Cheryl Turpin—House District 85 Delegate Joseph C. Lindsey —House District 90 Delegate Robert S. Bloxom—House District 100 SECTION 1.1 - CITY OF VIRGINIA BEACH LONG TERM POLICY POSITIONS /fit I2 1. POST LABOR DAY OPENING FOR SCHOOLS SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL Background Information: The total spending from the tourism industry in Virginia Beach for 2017 was $2.45 billion stimulating 14,000 jobs. Starting schools in Virginia Beach and other localities in the Commonwealth prior to Labor Day would have significant financial consequences on the tourism industry in the long term. Beginning schools prior to Labor Day would effectively reduce the available vacation time in August by two weeks, which is prime family vacation time that cannot be replaced. If the Virginia Beach school system begins before Labor Day and other localities follow our lead,it will have a negative effect on the economic impact of the tourism industry cutting short the critical summer season which will hurt small businesses, hardworking families and their employees.To a lesser extent,this will also have an impact on this industry by affecting the labor pool available prior to Labor Day. Request: The General Assembly is requested to maintain the existing legislation concerning post Labor Day opening of schools. This allows all schools to open after Labor Day except those given exemptions by the State Board of Education. , 3 2. MORATORIUM ON URANIUM MINING SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL Background Information: Virginia has had a moratorium on uranium mining since the 1980s. A large deposit of mineable ore has been found in Pittsylvania County. This deposit is upstream of the John H. Kerr Reservoir,which provides 93%of the inflow to Lake Gaston, which provides water directly to Virginia Beach,and indirectly to most of Southside Hampton Roads. A study prepared by the National Academy of Sciences (NAS) indicates that uranium tailings disposal cells represent long-term risks for contamination, that limited data exist to confirm the long-term effectiveness of those disposal cells,and that extreme natural events combined with human errors have the potential to lead to the release of contaminants. The NAS study concludes that Virginia has no experience with uranium mining, that the federal government has little or no experience with wet climates and extreme precipitation events,and that there are gaps in legal and regulatory coverage for uranium mining and steep hurdles to be overcome before mining could be established in Virginia within a regulatory framework that is protective of health, safety, and the environment. The City contracted with nationally prominent experts to prepare a study of the downstream water quality impacts that would occur from a hypothetical, catastrophic breach of an above-grade, uranium mine tailings disposal cell. The study indicates that in the aftermath of an assumed catastrophe, radioactivity in the main body of Lake Gaston would remain above state and federal regulatory levels for up to two months during wet years and six to sixteen months during dry years. The only practical response during this time would be to shut down the Lake Gaston project. Depending upon the weather, this could have significant consequences to all of Southside Hampton Roads, but particularly, Chesapeake, Norfolk, and Virginia Beach. The Cities of Chesapeake, Norfolk, Suffolk, Virginia Beach, and the Hampton Roads Planning District Commission have all passed resolutions opposing uranium mining in Virginia and lifting the legislative moratorium on uranium mining. Request: The General Assembly of Virginia is requested to maintain the existing moratorium on uranium mining in Virginia. Also, the Commonwealth is requested to vigorously oppose federal court actions to overturn the Uranium Mining Moratorium especially the pending U.S. Supreme Court case. 1.3) I4 3. VOTING RIGHTS SPONSORED BY THE VIRGINIA BEACH CITY COUNCIL&THE HUMAN RIGHTS COMMISSION Background Information: The right to vote is a fundamental right of every citizen of our Commonwealth and nation,and it is the foundation of our democracy. Barriers to the ballot box harm our state and our country and are inconsistent with the ideals and principles upon which our great nation and our Commonwealth were founded. Additionally, the drawing of electoral districts can promote or depress voter turnout, depending in part on whether districts are drawn in order to respect the boundaries of localities, neighborhoods,and communities of common interest or are drawn primarily for political advantage. Increased voter participation strengthens our democracy and results in leaders who are responsive to the diverse needs of all of our citizens. Request: The City requests that the General Assembly remove barriers to voter participation, enact nonpartisan redistricting reform, and improve the ability of all Virginia citizens to exercise their fundamental right to vote. 0.1 4. SOLUTION TO COASTAL FLOODING, REGIONAL GREENHOUSE GAS INITIATIVE SPONSORED BY CITY COUNCIL&THE HUMAN RIGHTS COMMISSION Background Information: The Hampton Roads Region (along with New Orleans) is the most at risk for coastal flooding and Sea Level Rise in the country. Recurrent Flooding and Sea level rise is a reality, as can be evidenced by tide gauges kept by National Oceanic and Atmospheric Administration and others since the early 1900's. Sea Level Rise is real, and much of Virginia Beach is low and drains poorly. Storms that were small nuisances just 10-15 years ago, now cause major destruction of roadways and damage homes. The City Council has embarked on a strategy of studying the various watersheds within the City, which will in the end provide plans on how to address Recurrent Flooding and Sea Level Rise. The other localities in the region are doing similar efforts. This is a regional effort, which will take actions by the state, federal, and local government. It will also be a very expensive endeavor. The Regional Greenhouse Gas Initiative as it currently exist in states from Maryland and north, allows carbon allowances to be purchased for every ton of CO2 emitted. Companies decide how to stay below a cap that is set through the region, and these allowances are sold at quarterly auctions. The proceeds are then returned to the state for reinvestment. It's projected that roughly $250M per year in auction revenues through 2030 could be provided to Virginia. This program is outside of the Obama administration's "Clean Power Plan". This program is a contract within RGGI area not needing Congressional approval. Request: The General Assembly is requested to adopt legislation as was introduced by Delegate Ron Villanueva of Virginia Beach and Chesapeake in the 2016 Session, and HB-1273 and SB-696 in the 2018 Session. This would allow Virginia to join with the Northeast RGGI. This would allow us to manage cuts in carbon emission, while at the same time providing revenue to address Sea level Rise and Recurrent Flooding. Currently the nine RGGI states represent 25%of the U.S. population.They have had$1.3B in net positive economic impact, from 2012-2014 in RGGI states have cut pollution three times faster than non-RGGI states, and have had comparable bills for power in other areas. f.1) 16 5. MENHADEN FISHING REGULATION SPONSORED BY CITY COUNCIL Background Information: A small fish- Menhaden- is often referred to as "the most important fish in the sea". Because it is close to the bottom of the food chain, the populations of many species rely on the Menhaden as a source of food. These include important commercial fisheries and tourism such as: blue crab, rock fish, speckled trout, mackerel, flounder, tuna, and shark. Over fishing of Menhaden affects those populations, and hurts many people's income that rely on the sale of seafood to make a living. Tourism also suffers if the top of the food chain species go elsewhere in search of food. The importance of Menhaden is not solely founded on the population of other species. Menhaden also provide a service in filtering the Bay water, second only in importance to the oyster. As they filter the Bay they return much needed oxygen to the waters for life to flourish. The Chesapeake Bay and the near shore Atlantic Ocean waters of Virginia Beach are commonly referred to as the"Menhaden Nursery". Maturation of the Menhaden primarily happens in the Bay which provides the Atlantic Coast with these important fish. Keeping the Menhaden population flourishing is not only healthy for the bay and for the entire Atlantic coast, but for the businesses that are such a part of the economic engines known as tourism and commercial fishing. Menhaden fishing is currently regulated by the General Assembly. Although the General Assembly's knowledge of many issues is both wide and deep, regulation of fisheries is best left to those more knowledgeable of the science. Menhaden is also a multi-state resource that needs to be looked at as a whole, rather than the needs of few. The General Assembly has removed itself from the regulation of most other fish & game species, and the regulation of Menhaden needs to be placed with the Virginia Marine Resources Commission where the technology and science exist to best manage it. Also, the current regulation of Menhaden does not require those fishing for this species to operate at a reasonable distance from shore either on the Bay or the Ocean. Breakage in nets leads to regular pollution of the Bay and Atlantic Ocean beaches with deposits of dead fish. Request: The City of Virginia Beach requests the General Assembly to adopt Legislation introduced during the 2018 legislative session similar to HB-822 or HB-160 introduced by Delegate Barry Knight, and SB-98 introduced by Senator John Cosgrove. This would require the Virginia Marine Resource Commission to adopt regulations to implement the Interstate Fishery Management Plan for Atlantic Menhaden. It would also require any moratorium on the fishery to be subject to legislative review. Additionally, as was proposed in SB-214 by Senator Cosgrove, in the 2018 Legislative Session, fishing for Menhaden with purse nets in the Chesapeake Bay would be prohibited within one mile and within three miles of the shore lines of Virginia Beach extending from the North Carolina border and one mile in the Chesapeake Bay. This common sense legislation would allow this very important resource to be managed for the overall health of the Bay, the Atlantic Ocean, and Virginia's economy based on science and facts. 6. ANIMAL CRUELTY SPONSORED BY CITY COUNCIL Background Information: State law sets the penalties for cruelty to animals. Currently, Virginia Code § 2.2-6570 provides that an abuser can only be charged with felony animal abuse if(1)the animal dies as a result of torture or severe abuse; or (2) the abuser previously had been convicted within the last five years of cruelty to animals. Accordingly, if a Virginia court concludes that a defendant tortured or severely abused an animal,but the animal survived the abuse,the court cannot sentence the defendant to more than one year in jail unless the abuser had been convicted of the same offense within the past five years. If the defendant instead could be found guilty of a Class 6 felony, the court would have the discretion to sentence the abuser to up to five years imprisonment. Amending the law to allow a felony charge would enable our courts to better address severe instances of animal abuse. Request: The City Council requests that the General Assembly amend Virginia Code § 3.2-6570 to allow persons who severely abuse companion animals to be charged with a Class 6 felony, regardless of whether the animal survives or whether the defendant had been previously convicted of the same crime within the past five years. er $ 7. CERTIFICATE OF PUBLIC NEED SPONSORED BY CITY COUNCIL Background Information: The Certificate of Public Need (COPN) has been used for many years to manage expensive healthcare delivery facilities in the Commonwealth. This means that when hospitals wish to expand adding new beds or equipment they must go to a state body to receive permission to do so. The Certificate of Public Need is seen as a way to reduce duplication of expensive services and facilities, and also to make sure that facilities constructed are not just those that profit the hospitals and other individuals the most. The COPN is seen as a way to reduce healthcare costs and make services available as widely as possible. However, many in the medical services delivery field see the COPN as an unwarranted intrusion into the free market. During the 2016 session of the General Assembly, multiple bills were introduced to either outright repeal or other adjustments/modifications to the existing law. Delegate Chris Stolle, of Virginia Beach, who is not only a medical doctor but a Hospital Administrator,introduced House Bill-1083. HB-1083 would have modified the COPN while maintaining the bedrock of the process. Delegate Stolle's bill was defeated; however,other legislation is being studied over the period between the 2016 session and the 2019 session. There will most assuredly be legislation introduced in the 2019 session that again ranges from outright repeal to modifications as needed. Request: The City of Virginia Beach requests the General Assembly retain COPN in its current form with process reforms similar to those recommended by Delegate Chris Stolle (HB 1083) in the 2016 session. This legislation addresses concerns surrounding the COPN process while maintaining the integrity of the program. Additionally, any legislation to deregulate COPN must be coupled with polices to promote access to care,ensure provision of essential health services,fund graduate medical education,and maintain the fiscal stability of Virginia's community. ,,,...) .- 1"/ I9 8. EXPANSION OF THE VIRGINIA HUMAN RIGHTS ACT SPONSORED BY CITY COUNCIL&THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION Background Information: The Virginia Human Rights Act(Va. Code § 2.2-3900 et seq.)currently prohibits discrimination based on race, color,religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability. The City of Virginia Beach has prohibited the aforementioned since 1994. Request: The City of Virginia Beach requests the General Assembly amend the Virginia Human Rights Act to also prohibit discrimination based on sexual orientation or gender identity. 110 9. FULL FUNDING FOR THE STEP-VA PROGRAM SPONSORED BY THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION&CITY COUNCIL Background Information: Nearly 1.5 million adults in the Commonwealth have some kind of mental illness. According to Mental Health America, Virginia is ranked 40th in the nation overall, indicating a higher prevalence of mental illness and lower rate of access to care.The Virginia Department of Behavioral Health and Developmental Services (DBHDS) states that "there have been improvements in the quality and accountability of community services in the past few years. However, Virginia's behavioral health system remains underfunded and patched together in well-meaning responses to crises, with services that are not always sustainable or consistently funded." As Virginia's suicide rate continues to climb each year, Virginia is struggling to provide services to over 30,000 children and adolescents with mental disorders, with only 1 in 5 receiving assistance. The 2016 Compensation Board Mental Illness in Jails Report for Virginia showed that 16.43% of the total general population was known or suspected to be mentally ill, and of that number 51.21% had been diagnosed with as having a serious mental illness (SMI). Without adequate services and supports available in the community, many individuals living with mental illness struggle to remain safely in their own homes and communities. Some of the outcomes of an inadequate public mental health system include: homelessness, substance abuse disorders, suicide, and incarceration among individuals with mental illness. System Transformation, Excellence and Performance in Virginia (STEP-VA), was developed to address accountability, access, quality, and consistency across all Community Services Boards (CSB). In 2015, DBHDS applied for and received a federal planning grant to lay the foundation for a public behavioral health system that would be standardized in the provision of 10 core services: • Behavioral Health Crisis • Care Coordination • Person-Centered Treatment Planning • Same Day Access (SDA) to Assessments • Outpatient Primary Care Screening and Monitoring • Targeted Case Management • Psychiatric Rehabilitation • Peer Supports • Intensive, Community-Based Mental Health Care for Members of the Armed Services and Veterans • Outpatient Behavioral Health Services X11 The 2017 General Assembly amended the code to implement the STEP-VA system of 10 services by 2021 with two of those services, Same Day Access and Primary Care Screening, being implemented by 2019. Once fully funded and implemented the STEP-VA transformed system would provide: • Decreased medical and psychiatric hospitalizations • Decreased medical and psychiatric emergency department visits • Increased penetration rate to 70% (VA has a 22& penetration rate for SMI now) • Meeting the safe standard of 85%occupancy in state hospitals • Decreased the number of people with SMI who are in jail on misdemeanors • Increased access to primary care • Stable housing Request: The City requests that the General Assembly provide full funding for the implementation of the STEP- VA system throughout the Commonwealth to ensure that all 10 core services are implemented by 2021 as shown below. 16 DBHDS Community Behavioral Health Services GF $ in millions FY 2019 FY 2020 STEP-VA CSB Same Day Access to Services $5.9 $5.9 STEP-VA CSB Primary Care Screening 3.7 7.4 STEP-VA CSB Oupatient Services 0.0 15.0 STEP-VA Detoxification Services 0.0 2.0 Alternative Transportation for TDOs 2.5 4.5 Backfill federal funds-medication assisted treatment 0.0 5.0 Discharge assistance plans for 92 individuals on 2.3 4.6 extraordinary barrier list at state hospitals Expand permanent supportive housing for 275 individuals 2.3 4.8 Develop community capacity for facility discharges 1.8 2.8 Discharge planning at Local Jails 1.6 1.6 Telemental Health Pilot Program 1.1 1.1 Add 6 CIT assessment sites and training programs in rural 1 6 2.5 unserved areas Fund Intercept Two Diversion Progranl0.7 0.7 Total $23.5 $57.94, t%) 112 SECTION 1 .2 - CITY OF VIRGINIA BEACH NEW POLICY INITIATIVES x�Jr1 e / 113 10. STATE OF VIRGINIA ENACT ENABLING LEGISLATION FOR SALES TAX ON ALL INTERNET SALES SPONSORED BY MAYOR LOUIS R.JONES Background Information: Currently, the state and federal law allows collection of sales and use tax on internet sales if the retailer has a physical presence in Virginia. For all other online purchases, it is incumbent upon the consumer who purchased the item to report their sales tax obligation. In South Dakota v. Wayfair(2018), the United States Supreme Court overturned existing case law and affirmed South Dakota legislation that required out of state sellers and retailers to collect sales taxes and remit them to jurisdictions on behalf of the consumer. Notably, the challenged South Dakota legislation contained exemptions limiting payment compliance to vendors that deliver more than $100,000 of goods or services to South Dakota or engage in 200 or more separate transactions for the delivery of goods or services into South Dakota annually. The ruling by the Supreme Court placed heavy weight upon these exemptions, which has led to other states to adopt South Dakota's standards as their own. The Commonwealth of Virginia currently has conditional legislative language in place to authorize collection of sales and use tax on dealers "under the provisions of...an opinion of the United States Supreme Court" but does not spell out exemptions as contained in the South Dakota legislation or referenced within the Wayfair opinion. Secretary of Finance Aubrey Layne estimates that the Commonwealth will generate between $280 million and $300 million for the state. Virginia Beach's share of this revenue will be dependent on how the General Assembly opts to dedicate or distribute this additional revenue. Growth is projected to be over$220 billion nationwide from 2017 to 2022. $409 billion to $638 billion or 17%of all retail. (Source Statista) Request: The General Assembly is requested to enact legislation to the standard set by the South Dakota legislature as affirmed by the United States Supreme Court. The General Assembly is also requested to maintain current sales and use tax rates and preserve state and local sales and use tax revenue distributions as presently allocated. Any new revenue derived from expansion of taxing internet sales should be reserved for K-12, especially increasing average teacher compensation and school construction. 11 114 11. STATE OF VIRGINIA ENACT COMMUNICATIONS TAX UPDATE SPONSORED BY CITY COUNCIL MEMBER,BENJAMIN DAVENPORT Background Information: In 2006, the Virginia General Assembly passed legislation to replace state and local taxes and fees on communication services with one statewide Virginia Communications Sales and Use Tax. This statewide tax imposed a 5% fee, which is normally collected from consumers by service providers and remitted to the state on a monthly basis. After collection by the state, the tax is then distributed to individual localities. This tax is limited to communications services that were common at the time of the tax's adoption. As a result, the tax covers such items as landline and wireless telephones, answering services, cable television, satellite television, pagers, beepers, and fax machines. However, this tax does not cover communication services that have exploded in usage and popularity since 2006. Examples of services that the tax does not include are: online video gaming, text messaging, data plans, streaming services, apps, and non-linear methods of television consumption. Due to this, revenues from the Sales and Use Tax are in decline. For example, Virginia Beach now brings in $6 million less per year than when the tax first went into effect over a decade ago. This $6 million decline is equal to a 20% loss in revenue over this period. Further, the revenue gap will only grow wider as technology progresses. The chart below shows both the actual revenues received by the City over the course of the past decade as well as the annual variance in this revenue. In total, the City averaged a 2.2%per year reduction in Virginia Telecom Tax Revenue between Fiscal Year 2007-08 and Fiscal Year 2017-18. Virginia Telecom Tax: FY 08-FY18 30 — 3.00% 2.00% 1.00% 28 0.00% _ -1.00% 26 — _ -2.00% 3. -4.00%00% i 4 5.00% -6.00% 27 -7.00% -8.00`/0 9.00% 20 10.00% FY FY FY FY FY FY FY FY FY FY FY 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 0Actual .Percent Variance In Fiscal Year 2019, the City budgeted a $1.1 million reduction in Telecom Tax revenue. Based on the new FY 2018 actuals, the City should expect another $250,000 decline in Telecom Tax revenues over what was adopted in the City budget this year. Should the present tax structure continue as it is presently, the City will likely have a further$500,000 decline in this revenue source in Fiscal Year 2020. REQUEST: The General Assembly is requested to restore funding to localities as was promised to be revenue neutral when the formula was changed in 2006. 4.4.‘ 15 12. MICRO BUSINESS PROCUREMENT PROGRAM SPONSORED BY CITY COUNCIL MEMBER SHANNON KANE Background Information: On July 22, 2014, Governor McAuliffe signed Executive Order 20, "Advancing Equity for Small, Women, and Minority Owned Businesses." This Executive Order establishes a program to further executive branch agency spending to "micro businesses." For purposes of the Order, "micro businesses" are certified small businesses that have no more than twenty-five employees and no more than $3 million in average annual revenue over the three-year period prior to certification. The Order directs the Department of Small Business and Supplier Diversity to implement the micro business designation by October 1, 2014. The Order directs various state agencies to seek micro businesses where available and sets aside for micro small businesses purchases under$10,000 when the micro business quotes a fair and reasonable price. The City of Virginia Beach has undertaken many efforts to further equal opportunity and nondiscrimination in City procurement. In 1995, the City Council created the region's first Minority Business Council (the "MBC"). The MBC has worked over the years to further programs and efforts to reduce barriers in City procurement to include: • The City Council establishing a goal of 10%minority participation in City Contracts; • Debundling of City contracts to better enable small, woman-owned, and minority-owned ("SWaM") businesses to compete; • Utilization of a comprehensive database of SWaM businesses and the types of goods or services that each business provides; • Enactment of a Small Business Enhancement Program requiring contractors to utilize at least 50% SWaM businesses in subcontracting plans; • Implementation of a City Administrative Directive to require solicitations of SWaM, including minority-owned and woman-owned, vendors for City contract of less than $50,000; • Entry into a Memorandum of Understanding with the Virginia Department of Small Business and Supplier Diversity(through its predecessor, Department of Minority Business Enterprise)to develop a productive and mutually beneficial working relationship; • City Council adoption of a bond waiver program to the extent authorized by the General Assembly. The opportunity to utilize a"micro business" designation would further the City's efforts to reduce barriers and further opportunity in City procurements. Request: The City Council requests the General Assembly authorize a locality, by ordinance, to enact a program for the enhancement of"micro business" participation that mirrors the authorization provided in Executive Order 20. 116 13. INCREASED ABILITY TO PROCURE CONSTRUCTION BY BEST VALUE FOR CERTAIN LOCALITIES SPONSORED BY CITY COUNCIL MEMBER SHANNON KANE Background Information: With a few exceptions such as design build and construction manager at risk, the Virginia Public Procurement Act ("VPPA")requires construction to be procured using competitive sealed bidding. The City is vigilant in its search for opportunities to make its procurement processes more inclusive for Small, Woman-owned, Minority-owned, and Service-disabled Veteran-owned businesses ("SWaM Businesses"). In looking for opportunities to grow SWaM Businesses, the City believes there is a subset of construction that would provide a crucial opportunity for growth of such businesses, and that subset is non- transportation construction valued between $500,000 and $2,000,000. Most importantly,best value contracting promotes better quality and timeliness of contractor performance. Request: The City requests legislative authorization for any locality with a population in excess of 200,000 to undertake the procurement of construction through procedures consistent with those described by the VPPA for the procurement of nonprofessional services through competitive negotiation for non- transportation construction valued between $500,000 and $2,000,000. Such contract shall be awarded to the fully qualified offeror who submits an acceptable proposal determined to be the best value in response to the Request for Proposal. We anticipate approximately $6M in contracts in this proposal. 117 14. STRANDING PROGRAM AND CONSERVATION EFFORTS LICENSE PLATE SPONSORED BY MAYOR LOUIS R.JONES&COUNCIL MEMBER JOHN E.UHRIN Background Information: The Virginia Aquarium has, for many years, performed extensive research and conservation efforts throughout the tidal waters of Virginia and the mid-Atlantic Coast. This includes the efforts of our nationally recognized Stranding Response Program which responds to reports of stranded marine mammals such as whales, dolphins, and seals and also sea turtles. The Aquarium's efforts over more than 25 years have provided much greater scientific knowledge and environmental monitoring than would have been available otherwise. The program currently costs approximately$600,000 a year to operate and receives only limited support from the Commonwealth through the Coastal Zone Management Program and Department of Game and Inland Fisheries for this effort. In order to provide additional funds to support the conservation efforts of the and Stranding Response Program, the Aquarium wishes to receive authority from the Virginia General Assembly through the Department of Motor Vehicles to have a license plate created showcasing protection of sea life. The Aquarium and its Foundation understand that a number of license plates must be reserved through advance deposits being made on such plates; receiving authority from the General Assembly to pursue this license plate will help support this important conservation program headquartered in Virginia Beach. Request: The General Assembly is requested to establish a license plate featuring a design, to be determined between the Department of Motor Vehicles and the Virginia Aquarium, that would provide funds to the Aquarium's conservation and stranding efforts. Having a plate that would have statewide appeal will likely mean that the required reservations will be received in a fairly short amount of time. ^7:&Z L:,•,, 1 ' ( -.. 0 MONTH VIRGINIA • YEAR V- i`••••- ig:` :4i.%;•••:• 4r1A, :•:.. I I I I I I • qp4.111. A.:41111. -44r ta ,si - •ivill40" . 1 gip I 401111) :464,1 :: • PROTECT SEA LIFE • ... } 119 15. HIGH SPEED RAIL SPONSORED BY MAYOR LOUIS R.JONES Background Information: The Virginia Department of Rail and Public Transportation (DRPT) is in the process of identifying funding sources to initiate a Tier II Environmental Impact Statement(EIS)within the next six years for the Richmond- Hampton Roads segment of the Southeast High Speed Rail (SEHSR)corridor. Approximately$27 million is needed to complete Tier II EIS.Two years ago we were successful in getting the General Assembly to require DRPT to update the costs of the Tier II EIS and also identify funding sources. Their report recommended that the Hampton Roads Transportation Planning Organization fund the Tier II EIS. The $27 million will suffice. HRTPO has fully allocated its RSTP and CMAQ monies for the next 6 years, and Richmond region, did not contribute any regional funds to either of their Tier II EIS efforts which are complete. Request: We request the Commonwealth fund a Tier II Environmental Impact Statement for High (ER) Speed Rail between Richmond and Hampton Roads. 120 16. CHESAPEAKE BAY WATERSHED IMPLEMENTATION PLAN SPONSORED BY CITY COUNCIL MEMBER JIM WOOD Background Information: The EPA issued the Chesapeake Bay TMDL in December 2010 that required pollutant reductions of nitrogen, phosphorus, and sediment in Virginia. These required pollutant reductions were to be incorporated into the City's new Municipal Separate Storm Sewer System (MS4) Permit that was recently issued in 2016 by the Virginia Department of Environmental Quality. The City of Virginia Beach proactively proposed a legislative change in 2013 and again in 2015 to remove both the Little Creek and Lynnhaven watersheds from the James River Basin for the purpose of the Chesapeake Bay TMDL Implementation in Virginia. This change was made to reduce the required pollutant reductions for the City of Virginia Beach at an estimated avoided cost to ratepayers of about $40M. In 2016,the Hampton Roads Sanitation District(HRSD)proposed an Integrated Planning Approach for the region to help restore the Chesapeake Bay. HRSD owns and operates various wastewater treatment plants that discharge nutrients and sediment to the Chesapeake Bay Watershed. HRSD also has pollutant reduction requirements similar to the City of Virginia Beach for their discharges. The proposed approach by HRSD included the implementation of a new project,"Sustainable Water Initiative for Tomorrow", SWIFT, and the use of trading of pollutant reductions credits. The City of Virginia Beach entered into an agreement,the Hampton Roads Water Quality Credit Agreement for Chesapeake Bay Restoration,with HRSD in August 2018. Virginia Trading regulations for nutrients and sediment §62.1-44.19:21 and §62.1- 44.19:21.1 respectively, require that the credit trading occur within the same River Basin. Since the Little Creek and Lynnhaven watersheds had been previously removed by legislative action, these watersheds would need to be moved back into the James River Basin in order for the City to take full advantage of the trading agreement. This watershed change will result in about $200M in avoided cost to the ratepayers of the City of Virginia Beach. Request: The City of Virginia Beach requests the General Assembly repeal the two acts passed in 2013 and 2015 to remove both the Little Creek and Lynnhaven Watersheds from the James River Basin for the purpose of the Chesapeake Bay Watershed Implementation Plan pollution reduction requirements, and put them back into the Chesapeake Watershed. 1 21 VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION CHAPTER 184 . . . • . . • . [S 1203] Approved March 16, 2015 Be it enacted by the General Assembly of Virginia: 1 22 VIRGINIA ACTS OF ASSEMBLY -- 2013 SESSION CHAPTER 41 . - [S 768] Approved February 22, 2013 Be it enacted by the General Assembly of Virginia: 1 23 1'114;I\1:k :ACTS OF ASS1.:11111.1' -- 2013 SESSION CHAPTER 41 .. • . • • •. [S 768] Approved February 22, 2013 Be it enacted by the General Assembly of Virginia: • - 1M 1 24 17. VIRGINIA SHORELINE RESILIENCY FUND SPONSORED BY COUNCIL MEMBER,BARBARA HENLEY&GREEN RIBBON COMMITTEE Background Information: In the 2016 Session of the General Assembly, the Virginia Shoreline Resiliency Fund was established as a low interest loan program. This provided low-interest loans to mitigate and adapt to recurrent flooding. Funds have never been provided to provide a 'bank' from which funds could be borrowed. Request: The General Assembly is requested to convert the Virginia Shoreline Resiliency Fund from a low interest loan to a cost sharing and grant program, and to provide meaningful funding on a recurrent basis for this program. This would allow individual property owners a source of funding from the Commonwealth to elevate their homes, or otherwise mitigate the effects of sea level rise and provide resiliency from the same. We also ask that the Commonwealth be a sponsor with Federal Agencies on projects large and small. ft 1/4 1 25 18. STORM WATER LOCAL ASSISTANCE FUND SPONSORED BY COUNCIL MEMBER,BARBARA HENLEY&GREEN RIBBON COMMITTEE Background Information: The highly competitive 50% matching grants funded by the Storm Water Local Assistance Fund (SLAF) can be used for cost-efficient, low-impact practices to help municipalities like Virginia Beach continue to make strides in reducing polluted runoff. This funding helps us meet our MS4 permit requirements while improving the health of the Bay. For example, Virginia Beach has been authorized $2,390,902 in matching funding through SLAF for large-scale storm water improvement projects since FY2014. Polluted runoff is not just an environmental problem—it is also an economic problem. It increases drinking water treatment costs, worsens local flooding, closes beaches, and contaminates shellfish. Request: Storm water management is one of our most pressing infrastructure challenges. We respectfully request that the General Assembly include maximum and at the least level funding year-to-year for the Storm Water Local Assistance Fund (SLAF) in the FY 2020 budget so that localities can do their part by planning and budgeting appropriately for these large-scale projects. • 26 19.NON-DISCRIMINATION IN PUBLIC EMPLOYMENT AND HOUSING SPONSORED BY THE VIRGINIA BEACH HUMAN RIGHTS COMMISSION&CITY COUNCIL MEMBERS,BOB DYER&SHANNON KANE Background Information: The Virginia Fair Housing Law, Code of Virginia § 36-96.1 et seq. currently prohibits discrimination regardless of race, color,religion, national origin, sex, elderliness, familial status, or handicap to provide fair housing throughout the Commonwealth. According to the Movement Advancement Project,there are currently no explicit, comprehensive statewide non-discrimination protections for gay, lesbian,bisexual,or transgender people in Virginia. In January 2017 Governor Terry McAuliffe issued executive order 61,a broad order protecting lesbian,gay,bisexual and transgender(LGBT)public employees, state contractors, and subcontractors from discrimination, and a similar executive order was issued by Governor Ralph Northam in January 2018,but these orders do not provide lasting or specified protections for Virginia's LGBT citizens. A think tank at UCLA Law,the Williams Institute, found that as of February 2016, twenty-two states and the District of Columbia expressly prohibited housing discrimination on the basis of sexual orientation. Nineteen of those states and the District of Columbia also expressly prohibited discrimination in housing on the basis of gender identity. An aggregation of all available state-level data shows that sexual orientation and gender identity housing non-discrimination laws are used (when present)by LGBT people at a similar rate to the use of race non-discrimination laws by people of color and the use of sex non-discrimination laws by women. Based on the same study conducted at the Williams Institute in 2016, an estimated 185,000 LGBT adults call Virginia home, and of that population 80%say that they have been harassed or mistreated at work, 44%claim that they were not hired and 26%have reported losing their job based upon their sexual orientation or gender identity. As there is no federal law barring employment discrimination on the basis of sexual orientation or gender identity, it is currently possible in 28 states, including Virginia,to be fired for being lesbian,bisexual,or gay. Likewise,there are thirty states in which it is possible to be fired for being transgender. Twenty-two states and the District of Columbia by statute prohibit employment discrimination on the basis of sexual orientation and/or gender identity. Request: The City requests that the General Assembly support legislation that would add discrimination on the basis of an individual's sexual orientation or gender identity as an unlawful housing practice. We would further ask that the General Assembly support legislation that prohibits discrimination in public employment on the basis of sexual orientation or gender identity. I 27 20. CITY CHARTER LIMITATION ON THE ISSUANCE OF PUBLIC FACILITY REVENUE BONDS AND OTHER EFFORTS TO CIRCUMVENT THE CITY CHARTER DEBT PROVISIONS SPONSORED BY COUNCIL MEMBERS JOHN MOSS&JESSICA ABBOTT Background Information: When the City Charter was conceived by the late Mr. Sidney Kellam and colleagues,the intent was to impose barriers on the issuance of general obligation debt without either the public's approval in a referendum or a supermajority vote of the Council. In 1962 founders of the City could not have anticipated that the intent of the City Charter's public debt issuance restrictions would be circumvented by issuing debt by a third party. The public debt issued by the City of Virginia Beach Development Authority(VBDA) on behalf of the City is subject to annual appropriation; therefore, this debt is not backed by the full faith and credit of the City, which denies it the status of general obligation debt,but its effect on the City's bond rating is the same. Debt issued by the VBDA does not require a supermajority vote of the City Council; therefore, the issuance of Public Facility Revenue Bonds for City facilities and other debts circumvents the intent of the protection the General Assembly extended to Beach property owners/taxpayers in the Charter granted to residents of Virginia Beach. The Virginia Beach City Council's use of the VBDA as a vehicle to circumvent the City Charter's vesting of Virginia Beach voters a positive check on City Council to burden the public with debt,while legal,is a breach of the covenant between the Charter proposed by the General Assembly and ratified and adopted by the voters of Virginia Beach. It is imperative that the General Assembly restore the integrity of the Charter it partnered with the people of Virginia Beach to put in place for its self-governance. Public Facility Revenue Bonds issued by year and issuance total (new money only): 1998 (Human Services Bldg Lease) $9,800,000 2002 PFRB Issue $23,855,000 2004 PFRB Issue $165,000,000 2005 PFRB Issue $103,900,000 2007 PFRB Issue $100,865,000 2010 PFRB Issue $17,000,000 2012 PFRB Issue $22,580,000 2013 PFRB Issue $20,960,000 2014 PFRB Issue $44,975,000 2015 PFRB Issue $48,245,000 2016 PFRB Issue $21,225,000 2018 PFRB Issue $33,395,000 Total $611,800,000 Public Facility Revenue Bonds debt service payments, principal to be retired, annual interest payment and end of year outstanding debt for outstanding Public Facility Revenue Bonds: 1 28 Fiscal Debt Service Principal Interest End of Year Year Retired Payment Outstanding Debt 2019 $49,135,420 $34,855,000 $14,280,420 $297,295,000 2020 $49,198,981 $36,505,000 $12,693,981 $260,790,000 2021 $46,542,706 $35,710,000 $10,832,706 $225,080,000 2022 $45,644,606 $36,585,000 $9,059,606 $188,495,000 2023 $43,119,806 $35,845,000 $7,274,806 $152,650,000 2024 $37,988,406 $32,265,000 $5,723,406 $120,385,000 2025 $26,075,331 $21,585,000 $4,490,331 $98,800,000 2026 $18,697,456 $15,180,000 $3,517,456 $83,620,000 2027 $17,049,356 $14,190,000 $2,859,356 $69,430,000 Total $333,452,070 $262,720,000 $70,732,070 Request: To restore the meaningfulness of the City Charter's protection to the property owners and taxpayers conveyed by its restrictions on the issuance of public debt, the City Council requests that the General Assembly amend the City Charter to require that all debts issued directly by the City or by a third party where that debt is subject to a pledge of City revenues independent of the basis or time period requires either a public referendum or a supermajority vote for approval. The following is the text of the requested amendment to add new Section 6.07: Section 6.07—Limitations on Authority to Pledge City Tax and Fee Revenues (a) Except for general obligation debt authorized by this Chapter or Chapter 26 of Title 15.2 of the Code of Virginia (the Virginia Public Finance Act), the City shall have no authority and is exclusively prohibited from pledging tax or fee revenues to make payments or to otherwise make any payment on bonds, notes, or other debt instruments not issued in the name of the City of Virginia Beach, Virginia. Additionally, no debt issued by the City of Virginia Beach Development Authority after the effective date of the provisions of this section shall be repaid by funds collected by,paid to, or appropriated by the City or from funds otherwise directed under an ordinance or resolution passed by the City Council. Provisions of this section shall not apply to the Literary Loan Program or debt issued by the Virginia Resources Authority. (b) Except for general obligation debt authorized by this Chapter or Chapter 26 of Title 15.2 of the Code of Virginia, the City shall have no authority and is exclusively prohibited from pledging tax or fee revenues to make payments or to otherwise make any payment on a lease purchase or like debt instrument where the City is not the lone party named in such obligation and where the City is the direct consumer or recipient of the contractual product or services. (c) This section shall not alter any obligations incurred prior to its effective date. After the effective date, any discretionary obligation not executed, option not exercised, or other action that is prohibited by this section or otherwise violates the provisions of this section shall be deemed void and of no effect. 14.44‘ 1 29 21. SINGLE MEMBER DISTRICT VOTING FOR THE SEVEN DISTRICT REPRESENTATIVES SPONSORED BY COUNCIL MEMBERS JOHN MOSS&JESSICA ABBOTT Background Information: Currently, all members of the City Council are elected on an at-large basis, including the seven councilmembers who represent each of the City's seven residence districts. In a single member district-based system, only the voters within a particular district select their district's councilmember. District-based elections may give groups within a residency district a better chance of being represented on the City Council. District councilmembers may be more attuned to the unique problems of their constituents, and a change to district-based elections could improve citizen participation because councilmembers who represent a district may be more responsive to their constituents. Request: The City Council requests the General Assembly amend the City Charter to change the seven residence districts to single-member districts or wards. This will allow the voters in each district to elect the representative from the district. Additionally, because the 2011 redrawing of the residence districts did not account for single-member districts,many of the precincts include more than one residence district within the precinct boundaries. In the hope of avoiding confusion in the administration of local elections, the City requests the effective date for this Charter amendment to be January 1, 2021, which will allow the 2021 redrawing of districts to proceed in a manner that reduces the number of split precincts. 4444ti I 30 22. CONSTITUTIONAL AMENDMENT TO ALLOW GENERAL ASSEMBLY TO IMPOSE TERM LIMITS ON LOCAL GOVERNING BODIES SPONSORED BY COUNCIL MEMBER JESSICA ABBOTT Background Information: The Virginia Constitution has relatively few qualifications to hold elective office in the Commonwealth. A 1991 Opinion by the Virginia Attorney General concluded a statute limiting members of a locally elected body to two terms would be invalid under the provisions of the Virginia Constitution. This item seeks to begin the process of amending the Virginia Constitution to allow the General Assembly to impose term limits for local governing bodies. If the request succeeds in meeting the requirements for amendment to the Virginia Constitution, the Council would later seek a statute that would limit the number of terms of a member on the Virginia Beach City Council to three four-year terms. Request: The City Council requests the General Assembly begin the process of amending the Virginia Constitution to allow the General Assembly to impose term limits for the City Council of Virginia Beach. ‘Tt 1 31 23. ESTABLISH THE HURRICANE AND FLOODING RISK REDUCTION AND BOND RATING PROTECTION ACT OF 2019 SPONSORED BY COUNCIL MEMBER JESSICA ABBOTT Background Information: Flooding is a risk to communities from the mountains to the sea. This can be from hurricanes, nor'easters, mountain flooding, and other natural causes. Nowhere in the state is immune to such calamities. Hurricane Camille in the late 1960s caused over 100 deaths in the area of Nelson County. Arlington has had recurrent flooding from the Potomac River, and flooding on The Eastern Shore, Tangier Island and other coastal Virginia areas and is all too frequent. Although many communities like Virginia Beach have robust programs to address recurrent flooding, Virginia Beach is programming over$ .5 billion in flooding control and elevation of roads; no locality can stand alone. This is a statewide issue and demands statewide addressing. During the 2018 session of the General Assembly, Senate Bill 985 by Senator Wagner and a companion bill in the House by Delegate Miyares were introduced. These would have established the hurricane and flooding risk reduction and Bond Rating Protection Act of 2018. They would have gone a long way in addressing the lack of coordination within the state among the various agencies both state, federal and local and furthermore, would have set up a process to force the Commonwealth to partner with the US Army Corps of Engineers. The Senate bill passed Senate, but was defeated in the House Appropriations Committee because of the fiscal impact. The House Bill met a similar fate. Request: The General Assembly is requesting to pass and fund legislation much like Senate Bill 985 from the 2018 session of the General Assembly and House Bill 229. This would establish a process and capability within the Commonwealth to address which is rapidly becoming a much more persistent issue. 4!) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Moving the November 6, 2018 Regular Meeting of the City Council to November 13, 2018 MEETING DATE: October 16, 2018 • Background: The City Charter provides that City Council shall have the power to adopt rules of procedure, including the time and place of holding regular meetings of the Council. Based on this authority, the Council has provided the time, place, and frequency of regular meetings in the City Code. Except for July and December, regular meetings are held on the first and third Tuesdays of each month at 6 p.m. in the City Council Chambers of the City Hall Building, Municipal Center, Virginia Beach, Virginia. State law allows a governing body to move the day of its regular meeting upon passage of a resolution providing the future meeting day. A copy of such resolution is to be posted on the door of the public meeting place and inserted in a newspaper having general circulation in the City at least seven days prior to the rescheduled meeting. • Considerations: November 6, 2018 is the first Tuesday of November. This date is also the date of the 2018 general and special elections. The City does not want any citizen to have to choose between exercising the right to vote and attending the City Council meeting. The resolution reschedules the November 61h meeting for Tuesday, November 13th. • Public Information: Public information will be provided through the normal Council agenda process. After adoption, the resolution will be posted on the door of the Council Chambers, and a public notice will be provided in the Beacon. • Attachment: Resolution Recommended ctio • proval City Manager. 1 A RESOLUTION MOVING THE NOVEMBER 6, 2018 2 REGULAR MEETING OF THE CITY COUNCIL TO 3 NOVEMBER 13, 2018 4 5 WHEREAS, the City Code provides the regular formal meetings of City Council 6 shall be held in the Council Chambers of the City Hall Building on the first and third 7 Tuesdays of each month at 6:00 p.m.; and 8 9 WHEREAS, state law provides that a regular meeting of the City Council may be 10 scheduled for a day other than the usual day upon adoption of a resolution; and 11 12 WHEREAS, November 6th is the 2018 general and special elections; and 13 14 WHEREAS, the City Council does not want any citizen to have to choose between 15 exercising the right to vote and attending the City Council meeting. 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, THAT: 19 20 1. The regular City Council meeting scheduled for November 6, 2018 is hereby 21 rescheduled for November 13, 2018. 22 2. The time and location for the City Council Formal Session shall remain at 6 p.m. 23 and City Council Chambers. 24 3. The City Clerk shall post a copy of this resolution on the door of the City Council 25 Chambers from the date of adoption until 6 p.m. on November 13, 2018, and 26 provide a notice as required by law. 27 28 Adopted by the City Council of the City of Virginia Beach, Virginia, this day 29 of , 2018. APPROVED AS TO LEGAL SUFFICIENCY: itt tt .neysOffice CA14552 R-1 October 9, 2018 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Regarding the Effective Date of Prospective Regulations Applicable to Home Sharing and Short Term Rentals MEETING DATE: October 16, 2018 • Background: City Council has referred an ordinance for the regulation of home sharing and short term rentals to Planning Commission. Anticipating that Planning Commission may not have the ability to return the ordinance with its recommendation in an expedited manner, Council is concerned that vacationers often start planning for vacations at the first of the year. As such, if the ordinance is not adopted by that time there could be disruption and confusion both for owners and vacationers, as to procedures and regulations. Therefore, this resolution will address when any ordinance would become effective, either 6 months after adoption or November 1, 2019, whichever is later. • Considerations: The definitive date for implementation of any ordinance that is adopted by City Council will provide certainty for owners and vacationers for the coming season. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Approval of the Resolution. • Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Mayor Jones, Vice-Mayor Wood and Councilmembers Abbott, Davenport, Dyer, Moss, Uhrin and Wilson 1 REQUESTED BY MAYOR JONES AND VICE MAYOR WOOD 2 AND COUNCILMEMBERS ABBOTT, DAVENPORT, DYER 3 MOSS, UHRIN AND WILSON 4 5 A RESOLUTION REGARDING THE EFFECTIVE 6 DATE OF PROSPECTIVE REGULATIONS 7 APPLICABLE TO HOME SHARING AND SHORT 8 TERM RENTALS 9 10 WHEREAS, on September 18, 2018, the City Council referred to the Planning 11 Commission an ordinance for the regulation of home sharing and short term rentals; 12 13 WHEREAS, the issues associated with home sharing and short term rentals are 14 complicated, and the Planning Commission and the City Council have conducted 15 numerous public hearings and workshops on the issues and considered many 16 alternative ordinances; 17 18 WHEREAS, public hearings and deliberation by the Planning Commission and 19 the City Council will take additional time to complete; 20 21 WHEREAS, home shares and short term rentals provide lodging opportunities for 22 out-of-town vacationers and other visitors who plan their stays well in advance, and 23 owners and operators of short term rental properties need to review and understand the 24 regulations applicable to this enterprise sufficiently in advance of the implementation of 25 such regulations in order to enter into rental contracts and operate their properties in 26 compliance with those regulations; and 27 28 WHEREAS, in order not to unduly interfere or impede the booking of home stays 29 and short term rentals for the 2019 summer season, the Council desires to provide a 30 projected effective date for the anticipated regulation of home stays and short term 31 rentals. 32 33 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA: 35 36 That any ordinances adopted by City Council in regard to home sharing and 37 short term rentals shall not be effective until the later of November 1, 2019, or six (6) 38 months from the date of adoption of such ordinances. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2018. APPROVED AS TO LEGAL SUFFICIENCY: no,,... J City Attorney' ffice CA14539/R-3/October 10, 2018 Itu t-441 o s4V, CITY OF VIRGINIA BEACH AGENDA ITEM i ITEM: A Resolution to Support the City's 2018 Application to the Virginia Department of Transportation's Bicycle and Pedestrian Safety Program MEETING DATE: October 16, 2018 • Background: In 2015, the federal Highway Safety Improvement Program (HSIP) was authorized as part of the Fixing America's Surface Transportation (FAST) Act. The HSIP is structured and funded to make significant progress in reducing highway fatalities and severe injuries on all public roads through infrastructure and operational engineering improvements. The program is intended to help local sponsors fund community based projects for roadway safety. The HSIP is a data-driven, strategic approach program for infrastructure improvements associated with all highway travel modes. The Bicycle and Pedestrian Safety Program (BPSP) is a core subgroup within HSIP that focuses on non-motorized safety concerns. The primary objective of BPSP is to reduce the number and severity of non-motorized crashes as these users are the most vulnerable to injury or death from a crash. This program is administered by the Virginia Department of Transportation (VDOT). The main goal of both HSIP and BPSP is to reduce crashes and their consequences as part of the vision of the Commonwealth of Virginia that everyone should "Arrive Alive." The Pacific Avenue Pedestrian Improvement project will provide a variety of pedestrian related safety improvements from 5th Street to 40th Street, a total distance of approximately 2.5 miles. This segment of the Pacific Avenue corridor is considered a priority zone per VDOT's recently completed Pedestrian Safety Action Plan. This plan provides guidance on specific locations identified as priority corridors through analysis of statewide crash data. The proposed systemic improvements along the corridor include high visibility crosswalks, LED pedestrian warning signs, and reduced speed limits. The project also provides for pedestrian refuge islands and street lighting from 341h Street to 40th Street as well as street lighting from 5th Street to 16th Street. The proposed infrastructure countermeasures will greatly improve safety for pedestrians utilizing the Pacific Avenue corridor within the Resort Area Strategic Growth Area. The improvements will provide much needed safety in a heavily traveled pedestrian area. The HSIP, and the BPSP subgroup, are part of the core Federal-aid Highway program. Projects are financed from federal funds up to 90% of the total project cost. A minimum 10% match is required; however, a higher than minimum commitment of other funds is ideal and garners additional points during VDOT's evaluation process. The maximum recommended BPSP funding request is roughly $500,000. The total project cost for the Pacific Avenue Pedestrian Improvement project is approximately $750,000. Therefore, the City is requesting $500,000 in federal pass-through BPSP funds from VDOT and committing $250,000 in local funds to fund the entirety of the anticipated total project cost. The local match will be provided using previously appropriated funding within the "Traffic Safety Improvements (TSI), IV" project (CIP # 2-111) of the Roadways Section of the Capital Improvement Program. • Considerations: The BPSP not a grant program and funds are only available on a reimbursement basis. The program requires that localities must first incur the expenses and then request reimbursement. The Pacific Avenue Pedestrian Improvement project is included in the "Traffic Safety Improvements (TSI), IV" project (CIP # 2-111) of the Roadways Section of the Capital Improvement Program. There is sufficient local funding appropriated in the "TSI, IV" project (CIP # 2-111) to satisfy the committed match. • Public Information: Public information will be handled through the normal Council Agenda process. • Alternatives: Without the BPSP funding from VDOT, the Pacific Avenue Pedestrian Improvements project would remain and be designed and constructed as funds become available in the "TSI, IV" project. • Recommendations: Adopt the attached resolution. • Attachments: Location Map, Resolution Recommended Action: Approval Submitting Departme . . •ency: Public Works Engineering City Manager 1 A RESOLUTION TO SUPPORT THE CITY'S 2018 2 APPLICATION TO THE VIRGINIA DEPARTMENT OF 3 TRANSPORTATION'S BICYCLE AND PEDESTRIAN 4 SAFETY PROGRAM 5 6 WHEREAS, the City of Virginia Beach is eligible to submit applications to the 7 Virginia Department of Transportation (VDOT) for funding from the Bicycle and 8 Pedestrian Safety Program, a program designed to reduce the number and severity of 9 crashes involving non-motorists; 10 11 WHEREAS, pedestrian safety is a growing issue across the Commonwealth, as 12 16% of Virginia's 2016 highway fatalities were pedestrians, and the majority of incidents 13 in which pedestrians are killed or injured by vehicles occur mid-block; 14 15 WHEREAS, pedestrian safety is of particular worry in Hampton Roads, which, 16 despite being home to 20.9% of Virginia's population, was the site of 26.5% of Virginia's 17 pedestrian fatal crashes from 2012-2016, and 25.7% of Virginia crashes resulting in 18 pedestrian injuries during the same time frame; 19 20 WHEREAS, in Virginia Beach, Pacific Avenue, between 5th Street and 40th 21 Street, is a hotspot for pedestrian safety concerns, has been identified as a "crash 22 cluster," and was included as a priority location on VDOT's May 2018 Pedestrian Safety 23 Action Plan; 24 25 WHEREAS, Pacific Avenue generates considerable amounts of multi-model 26 traffic from various means of transportation, including but not limited to, walking, biking, 27 driving by motor vehicles, and driving by trolley, on a four-lane, two-way, undivided 28 highway; 29 30 WHEREAS, the VDOT Pedestrian Safety Action Plan provides a number of 31 suggested "countermeasure recommendations" for increasing safety along the Pacific 32 Avenue corridor; and 33 34 WHEREAS, the requested reimbursement can be up to 90% of the total project 35 cost, but the maximum recommended funding request from the Bicycle and Pedestrian 36 Safety Program is $500,000. 37 38 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 39 VIRGINIA BEACH, VIRGINIA: 40 41 1. That the City of Virginia Beach City Council hereby supports the 42 application to the VDOT's Bicycle and Pedestrian Safety Program to request $500,000 43 for pedestrian safety countermeasures such as pedestrian warning signs, high visibility 44 crosswalks, and raised median islands. 45 46 2. That $250,000 in matching funds will be provided from local funding 47 currently appropriated in CIP # 2-111, "Traffic Safety Improvements, IV." 48 49 3. That the City Manager is hereby authorized to execute on behalf of the 50 City of Virginia Beach all necessary project agreements for project development and 51 construction. 52 53 4. That a copy of this resolution shall be transmitted to VDOT. 54 55 Adopted by the Council of the City of Virginia Beach, Virginia on the day 56 of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: C_ _ Budget and Management Services • • = orn_ 's Office CA14542 R-1 October 2, 2018 T.., N f St �. . ➢ RD, r' 4 - 43 W+E 42N \ .1.1..41r; SITE s 0 i illi 401,4 si- ± 00 OIL • O Os 1 \ Urdiglaiii/.' ill E.OR FFOLK A : 371 H ST Pr O Pligrpik_ 1) • 61 ...—.011 .• rOW4./..:70 13 11111P" 33RD St r o0°' 0 RD�`�r 11111 • Ik. C- --)4 jam• t r N�_tp,SKI" ,. •:29THS Pacific Avenuej :94-. ) < .00 Pedestrian Im•rovements c V o *Oa 2 70 ila '. -44 > �° - --� CHINQUAPIN LN 26tH St CO _, $ . `� v a0 25tH St C) ' BL'UEBIRD'DR `� V : 0 C) MARABOU.LN� ����2gtH'St ym/ CD � B'ST � li OD y ``, � 22ND ST I ' c Ir' I S_ ' U MAXIMUS SQ aft b.�''N 21St Nim R r 264-`9m • m 10 (A 011111111_,./01011111 ,�' �� 20tH,gt . 264�Q2 OM ...% .17tH St AMERrCUs SAVE CO Z 19tH' t ,a•trH,St ' ym I ° �CARVERIAVE gEAOH,gCtNDrn • BLOOM PKWY �RGINIA { �16t'H_St L�15tH $m .14t,'St q 12TH St m �� y0, ^ 13tH'St Ak "i ill $.4VFJTLt NTIS'DR 12tH,St �. ACN NORFOLK-AVE ` 9tH St 11 SNM I I�rt 01WII 'Ili �, QO /Freo ¢'' 9tH-St- �a 0.) 9.c w Z 44 •'� 5� CO ^'x �' • _A. 0 600 1,200 2,400 �,§2 Fi Fi VvikoolAANE • 504 St.m Feet 13 2� �GANNETUN y, - ...1 ‘101•151° E r p�,GOOSE,l)NDG 00�,m� �Nst°. LOCATION MAP �' ''� PACIFIC AVENUE \ -\ 5. 4 \ PEDESTRIAN IMPROVMENTS Prepared by P.W./Eng./Eng.Support Services Bureau 9/12/2018 X:\CADD\Projects\ARC Files\AGENDA MAPS\Pacific Avenue Pedestrian Improvements CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 8-70 of the City Code Pertaining to the Composition of the Local Board of Building Code Appeals, Electrical Division MEETING DATE: October 16, 2018 • Background: In attempting to fill vacancies on the Board of Building Code Appeals, Electrical Division, the position for someone from Dominion Energy was not able to be filled. The requirement for such a member did not appear to be warranted with the other four (4) positions being filled by certified master tradesmen in electrical work. Therefore, this ordinance deletes the requirement for a representative from Dominion Energy and replaces the position with a citizen of Virginia Beach. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the Ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Vice-Mayor Wood 1 REQUESTED BY VICE-MAYOR WOOD 2 3 AN ORDINANCE TO AMEND SECTION 8-70 OF 4 THE CITY CODE PERTAINING TO THE 5 COMPOSITION OF THE LOCAL BOARD OF 6 BUILDING CODE APPEALS, ELECTRICAL 7 DIVISION 8 9 SECTION AMENDED: City Code § 8-70 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA: 13 14 That Section 8-70 of the Code of the City of Virginia Beach, Virginia, is hereby 15 amended and reordained to read as follows: 16 17 Sec. 8-70. - Membership positions; terms; qualifications. 18 19 (a) Each division of the board of building code appeals shall consist of five (5) members, 20 who shall be appointed by the city council. The initial members of each such division 21 shall be the members of their respective predecessor boards holding such office as of 22 the date of enactment of this section; provided, however, that no officer, employee or 23 official of the city shall serve as a member of the board. 24 25 26 27 (f) The electrical division shall consist of five (5) members and shall include four (4) 28 certified master tradesmen in electrical work and a citizen representative eftho 29 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2018. APPROVED AS TO LEGAL SUFFICIENCY: KjjiCa .r � City Attorney' Office CA14541 R-2 October 9. 2018 `. j CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of the City's right-of-way known as West Neck Road, Back Gate Drive and Tin Barn Way located adjacent to the Subdivision of Kingston Estates, for KE Homeowners Association MEETING DATE: October 16, 2018 • Background: KE Homeowners Association, a Virginia non-stock corporation, has requested permission to construct and maintain two entry wing walls with wall-mounted irrigation controllers and electrical transformers on either side of both entrances into the Kingston Estates residential subdivision and to maintain two subdivision signs, and a subsurface irrigation system and landscaping at each entrance (the "Encroachments") within a portion of the City's right-of-way known as West Neck Road, Back Gate Drive and Tin Barn Way, located adjacent to the subdivision of Kingston Estates. • Considerations: City staff has reviewed the requested Encroachments and recommends approval of same, subject to certain conditions outlined in the Agreement. There are no similar encroachments located within this portion of West Neck Road, Back Gate Drive and Tin Barn Way. • Public Information: Advertisement of City Council Agenda • Alternatives: Deny the encroachments, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Plat, Pictures, Location Map, Agreement and Disclosure Statement Recommended Action: Approval of the ordinance. Submitting Dee I 'gency: Public Works/Real Estatelp City Manager: as h�`arif 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO A 5 PORTION OF THE CITY'S RIGHT-OF-WAY 6 KNOWN AS WEST NECK ROAD, BACK GATE 7 DRIVE AND TIN BARN WAY LOCATED 8 ADJACENT TO THE SUBDIVISION OF 9 KINGSTON ESTATES FOR KE 10 HOMEOWNERS ASSOCIATION 11 12 WHEREAS, KE Homeowners Association, a Virginia non-stock corporation, 13 desires to construct and maintain two entry wing walls with wall-mounted irrigation 14 controllers and electrical transformers on either side of both entrances into the Kingston 15 Estates residential subdivision and to maintain two subdivision signs, and a subsurface 16 irrigation system and landscaping at each entrance (the "Encroachments") within the 17 City's right-of-way located at West Neck Road, Back Gate Drive and Tin Barn Way, 18 adjacent to the subdivision of Kingston Estates. 19 20 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 21 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 22 the City's right-of-way subject to such terms and conditions as Council may prescribe. 23 24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 27 That pursuant to the authority and to the extent thereof contained in§§ 15.2- 28 2009 and 15.2-2107, Code of Virginia, 1950, as amended, KE Homeowners Association, 29 its heirs, assigns and successors in title are authorized to construct and maintain two 30 entry wing walls with wall mounted irrigation controllers and electrical transformers on 31 either side of both entrances into the Kingston Estates residential subdivision and to 32 maintain two subdivision signs, and a subsurface irrigation system and landscaping at 33 each entrance in the City's right-of-way as shown on the map entitled: "KINGSTON 34 ENCROACHMENT EXHIBIT BACK GATE DRIVE" and "KINGSTON ENCROACHMENT 35 EXHIBIT TIN BARN WAY", dated August 2, 2018 and prepared by Timmons Group, copy 36 of which is attached hereto as Exhibit A and on file in the Department of Public Works, 37 and to which reference is made for a more particular description; and 38 39 BE IT FURTHER ORDAINED, that the temporary encroachments are 40 expressly subject to those terms, conditions and criteria contained in the agreement 41 between the City of Virginia Beach and KE Homeowners Association (the "Agreement"), 42 an unexecuted copy of which has been presented to the Council in its agenda, and will 43 be recorded among the records of the Clerk's Office of the Circuit Court of the City of 44 Virginia Beach. 1 45 46 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is 47 hereby authorized to execute the Agreement; and 48 49 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 50 time as KE Homeowners Association and the City Manager or his authorized designee 51 execute the Agreement. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 54 of , 2018. APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFF • Y AND FORM / A PUB l$J ORKS, REAL ESTATE s • A -. h -MEYER SENIOR CITY ATTORNEY \\vbgov.com\dfs 1\applications\cirylaw\cycom32\wpdocsk1013\p030\00495963.docx CA14219 R-1 Prepared: 10/5/18 2 I iI" -- -1/ . IRR.COVERAGE AREA I r - IRRIGATION PIPE ! J /� IRRIGATION HEAD(TYP) j o 0 �. •. .� REQUIRED STREET TREES NOT ; SHOWN.$EE PLANTING PLAN SHT 1 '' LP-106. 111 P f '�`V 1 LAWN �l`l it ,i14 44 I PLANTING BED ) pr/PLANTING BED Siti �)�`f/� II� J�; %'� WALL MOUNTED •I''; 100,0w rel'/ IRRIGATION CON 1I .r�►i 11 ://4' ;Iii �w OLLER 1 OM do if- WALL MOUNTED .II►i ' I ;;�' � � ilWll �. — .—.� .- .- . -.-.- ELECTRICAL"TRAIIT ralifER . P . Ill I A � !> OOP i�^ .. �,I It.d, � ,;-:-. o l4, , - �►�►� It. 1;y ;I IIIA 1 f , . ELECTR�)CAL TRANSFORMER ENTRY WING WALL(TYP) 9.0 :�_. - I��II ,;°;y.. i:. . lo: 9.0 ,. (.;.•e.n+f' 1.::.!) 'm;.: • 111 Pe STORMWATER IMI`� :,�I 1 :1 : ` �/QISTORMWATER r at - '. -s:: .•.;..ii if ., ► . %'�:f i. 10.51 .'.? : .0 \. PROPOSED ALIGNMENT PROPOSED ALIGNMENT �f 1 :;•• (s ; P-!(II►_ . i ._._._. _. _ ON oRdipi ..: ,... ,UQ.. III R.O.W. N,w--- �� 4.-m' vim ' -..----.Z.- - o o Y I` I < . . . t." v _ 1 a. ==- -1.....z.- � a • UM Mir ___....—... _.—_—.. ••• ••.... ow EXISTING ALIGNMENT / EXISTING ALIGNMENT WEST NECK ROAD 0 60 120 I I—H Feet s.1D O� EL KINGSTON ENCROACHMENT EXHIBIT A €` 0 *IP BACK GATE DRIVE -August 2, 2018 0 T I M M O N S GROUP YOUR VISION ACHIEVED THROUGH OURS. ‘•,,A\ 7_, fel'Ar REQUIRED STREET TREES NOT �` SHOWN.SEE PLANTING PLAN SHT odi LP-106. IRRIGATION PIPE -'`f V' 1"'‘.\, ��._ . IRRIGATION HEAD(TYP) AO 4 .-',`'. • �� k�'! COVERAGE AREA .L,‹ llottP. z Vii:' LAWN _ c. v \ PLANTING BED / -ice,.& ,.- NI � � - , -•- II / STORMWATER 1 E 1..411&\.,, �, - (AA-``j�- 4p STORMWATERPOND �\ .,ki-1 �tii� • .,.` ,r4a � \ POND . . . aa '' C `t' /��1 LAWN \, _4!``,� M .. Vs'� \41LANTING BED ,` - _. ,�,,� ��, ., ��t t,!�p gm ' . \ , \ ‘-'\._.-NI, vii, •,,!!:. ,, it II it W. L LOUNTED _ \ i ' \` ` 9.0'11 1 .4 I ,.;,s,„ 's' �,.I .'• II 9.0, !ROGATION CONTROLLER I'III ��..__ WALL MOUNTED 'QIP i ; I el ��...,�; i1* _._....-- ELECTRICAL TRANSFORMER(TYP) 1 I III71 <.�� ; : ,t','"...,-• 0. i i WALL MOUNTED .'�. .+A) ` �iA, t;� '. �� v _ I ELECTRICAL TRANSFORMER ' �gF .1 , , �. .,..Mr ,I . — � .•� ;:.' 10.)!:.*: R.O.W. O - fm/ N .v E` ALL(TYP) _ . n - ---- ---.• - -- -. - -- _' � 10.5' - + _ - __ EXISTING ALIGNMENT I -,r1 -._,,.1 - . ---, ./‘-.- PROPOSED ALIGNMENT ;rill L-1 H.. . N E C 1L1%Lam\ // ENTRY WING WALL(TYP) \ ENTRY SIGN \ I (/ 1 I 1 r \\ 1 \ , 0 60 120 I F---I, I Feet f 'G KINGSTON ENCROACHMENT EXHIBIT A • •' TIN BARN WAY-August 2, 2018 0 TI M M O N S GROUP YOUR VISION ACHIEVED THROUGH OURS. Encroachment Request KE Homeowners Association Mae woo _ *Lt �47 ti -4.1., K A^- . AillittNe w. . is k Intersection of Tin Barn Way & West Neck Road IIIIIIIIIIIIIIIIIIIIIIIIIIIII .1,T Wit ',! , �t`� Encroachment Request KE Homeowners Association i ,.,r c T e 41 1• �h[0,1 ; _ - _ KINGSTON :- _ I �.rT.. '1[.. *•••fr ,.V c-' - ..-r. __,_- _'i. `{'' �'.�•! -•�.'r , •`-'''!!•, .n'N '''-"•e:4.- �A-, 1 -..•)4:•A . ~ Fes-_„ 'q*"•'� 'ax`Yee. _ _ Intersection of Tin Barn Way & West Neck Road ..A r ,Y. LI: x'.: '�� � '� '.4R41 -� I(` III milliI } r. • � :. Wim. ,�� ._._ __.__... - ... -- - teeii ,,, / • . • .. . . _ _. . _. .. , • _. . _.:„. ,.. . r r.. ,-.;....,. . ...„:„.„:„..,.-... .... , „.. .,..,_,___,...„.....- --__:--___-_.,..,„ _ .... 1.1 - -;�. .• Encroachment Request KE Homeowners Association t - a _ 1 Intersection Back Gate Drive & West Neck Road ift- N 7 _ _, . - „. 11/411111 -----' - 1lIllIl Encroachment Request KE Homeowners Association St- it .E • porta = INGSTON IM��l �,_ ESTATES _ �_ 'a> ts 1111111111. Intersection Back Gate Drive & West Neck Road f:. t ' •i ... -.IYIRsq A Af Encroachment Request KE Homeowners Association ,. ..„4„ . . 4. O1/. \\N o ME � 'n r l i� 4 „II III, ii.0.r ,,, �I ,. N...„,, „iv .,..\sit:i7,_ _ tior-,:- ,... ‘:, r_ ST,NF ` * # rPi LOCATION MAP :it/..1/4_, 1 ENCROACHMENT REQUEST 1 FOR KING'S LANDING VA, LLC INTERSECTION OF BACK GATE DRIVE & WEST NECK ROAD Legend AND INTERSECTION OF TIN BARN WAY&WEST NECK ROAD 2403-05-8551 G P I N: 2403-05-8551 I-1 City Properties IMINCOMMI Deet 0 150 300 600 k'reparea by P W[Eno/Eng Support Services Bureau DI/13/2018 x',_ADD'.Pro}ects,ARC FAes,AGENDA MAPSt2403-05-855112403305.8551 mia PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of , 201 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and KE HOMEOWNERS ASSOCIATION, a Virginia, non-stock corporation, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lots, tracts, or parcels of land designated and described as "Parcel 2 and Parcel 3 ", as shown on that certain plat entitled: "RESUBDIVISION OF PROPERTY OF KING FARMS, LLC (DB 4242, PG 1778) (INST. NO. 20130612000677160) VIRGINIA BEACH, VIRGINIA" dated October 25, 2016 and prepared by MSA, P.C., which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Instrument Number 20161208001116490 and now being part of the Subdivision known as Kingston Estates, Phase 1 by Plat recorded as Instrument Number 20180119000048270. WHEREAS, it is proposed by the Grantee to construct and maintain two entry wing walls with wall mounted irrigation controllers and electrical transformers on either side of both entrances into the Kingston Estates residential subdivision and to maintain two subdivision signs, and a subsurface irrigation system and landscaping at each entrance (collectively, the "Temporary Encroachment"); and GPIN: (CITY RIGHT OF WAY — NO GPIN REQUIRED OR ASSIGNED) GPIN: 2403-07-1470, 1493-95-4792 & 2403-05-8551 1 WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way located at Back Gate Drive and Tin Barn Way (the "Encroachment Area"); WHEREAS, the Grantee's installation of the walls and electrical transformers will encroach 9 feet into Back Gate Drive and Tin Barn Way; WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on those certain exhibits plats entitled: "Kingston Encroachment Exhibit, BACK GATE DRIVE" and "KINGSTON ENCROACHMENT EXHIBIT TIN BARN WAY" dated August 2, 2018, and prepared by Timmons Group, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. The Exhibit is two (2) sheets, one for Back Gate Drive and one for Tin Barn Way. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any 4 for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said KE HOMEOWNERS ASSOCIATION has caused this Agreement to be executed in its corporate name and on its behalf by CLARK HETZLER, of KE HOMEOWNERS ASSOCIATION, its President. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH ATTEST: (SEAL) By (SEAL) City Manager/Authorized City Clerk/Authorized Designee of the City Manager Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2018, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2018, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 KE HOMEOWNERS ASSOCIATION a Virginia non-stock corporation 4 By (SEAL) C -,a:}- . er, President STATE OF CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this b day of O41 , 2018, by CLARK HETZLER, President of KE HOMEOWNERS ASSOCIATION, a Virginia non-stock corporation. (SEAL) Not6/1@ Public Notary Registration Number: (Seri My Commission Expires: 101 //c234,10 `�AkmA"�G�S�i,�_, '`Vav w .y9Z= ♦ •Eo..2„r,= ° °'4131 (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY'' ..NR v>0 qRY P‘346,.•`‘ 7 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFF - • CY AND FORM !�.1. Al SIGNAT IRE D . Nt - . R ER ' - t etavig (bekolzic— • • ' CITY ATTORNEY DEPARTMENT 8 ` IRR.COVERAGE AREA tt IRRIGATION PIPE } 1 1, :, IRRIGATION HEAD(TYP) I — qC ;hO {_.. _ .._r�_..�1I ) i u. i minlyipt, i") WM . . REQUI ED STREET TREES NOT SHOWN. 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'NI - LL EXISTING ALIGNMENT ' "---..,_ / . . •- lqa:rt- ..- ---1---" --;./.." -- -- 5415156Stb-ALIGNMENT .-r--- -----.1- -- -,.- --- --;- - • - 1 • -ce. 1 I.i 1 i Li J 1 — ..... , _i --- ,- :.- •- - .2-..- ... - --------- . -,.. -_-_,1-- , . . . - _ . .._ __...., ... _ . ... - . - - _ _ . - -- i___;-t"---- -- - <r - -- - NECKK :--.. -.-- —A-6 ---- ---- --* -— -- -- Li i , • • ' . -- ---- - . __ —_. -L -'------____. //z ENTRY WING WALL(TYP) \ \ (ENTRY SIGN )1 1111 1 r I \ \ \ 1 \ \ o 60 120 I—I I Feet a O.4 Itik; t • KINGSTON ENCROACHMENT EXHIBIT A . • a' TIN BARN WAY-August 2, 2018 TIMMONS GROUP YOUR VISION ACHIEVED THROUGH OURS. . .� 4 [-ice Virginia Beach APPLICANT'S NAME i HOMEOWNERS ASSOCIATION 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 i tion for (EDIP) Board of Zoning Encroachment Request Rezoning A. •eats Certificate of Floodplain Variance Appropriateness — Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit 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 he updated two(2)weeks prior to any Page 1 of 5 Planning Commission and City Council meeting that pertains to the appllcation(s). o APPLICANT NOTIFIED OF HEARING DATE: o NO CHANGES AS OF DATE' REVISIONS SUBMITTED DATE. llty of Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. x❑ Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: KE HOMEOWNERS ASSOCIATION 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) Clark Hetzler, President; Anthony Giacoia, Vice President; Eric Markowski, Secretary and Treasurer (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER 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 5 NIB Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 4 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 I11V1 Virginia Beach YES NO J [ SERVICE [PROVIDER (use additional sheets if needed) ❑ n Accounting and/or preparer of your tax return X Architect/ Landscape Architect / Timmons Group Land Planner Contract Purchaser (if other than ❑ ❑ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed I I ❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑X Construction Contractors IDF Penn Sign ❑X ❑ Engineers / Surveyors/ Agents MSA P.C. Financing (include current ❑ ❑ mortgage holders and lenders selected or being considered to Towne Bank provide financing for acquisition or construction of the property) Legal Services Faggert & Frieden, P.C. 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 El 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 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. Anthony Giacoia, V. P. d AP UCANT'S SIG~ ,7 PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 I 41.111 41‘. ), CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds and to Transfer Funds within the FY 2018-19 Police Department Operating Budget for Marine Patrol Dive Equipment MEETING DATE: October 16, 2018 • Background: The U.S. Department of Homeland Security, Federal Emergency Management Agency, has awarded the Virginia Beach Police Department $33,750 in federal funding under the FY 2018 Port Security Grant Program. The purpose of the grant is to enhance port safety and security. To be eligible for this funding, agencies must be members of an Area Maritime Security Committee and be required to provide port security services. The VBPD is the primary responder for the Port of Hampton Roads and is the only local agency in the Hampton Roads region to patrol the waters of both the Atlantic Ocean and the Chesapeake Bay. This grant will provide funding to purchase a surface supplied air system and associated system support equipment for the Marine Patrol Dive Team. The cost of this system and its equipment is $45,000. • Considerations: The Port Security grant provides $33,750 of federal funding. It requires a local match of$11,250 (25% of the total project cost). The local match will be met through existing resources from the Police Department's present FY 2018-19 Operating Budget. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Departmenti-N(1ti City Manage • J 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS AND TO TRANSFER FUNDS WITHIN THE FY 2018- 3 19 POLICE DEPARTMENT OPERATING BUDGET FOR 4 MARINE PATROL DIVE EQUIPMENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1) $33,750 is hereby accepted from the United States Department of Homeland 10 Security, with federal revenues increased accordingly, and appropriated to the 11 FY 2018-19 Police Department Operating Budget for the purchase of a surface 12 supplied air system and its associated marine patrol dive equipment. 13 14 2) $11,250 is hereby transferred within the FY 2018-19 Police Department 15 Operating Budget to provide the required local grant match. 16 17 3) The equipment purchased with these grant funds is not guaranteed to be 18 replaced by the City of Virginia Beach. 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: w,1) , /\0491`) Budget �J Budget & Management Services —2it'y o ey's Office CA14538 R-1 September 26, 2018 rei €i ?_ [ ,71-91•'5% .; f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from Federal Emergency Management Agency for the Continued Operation of the Virginia Task Force 2 Urban Search and Rescue Team MEETING DATE: October 16, 2018 • Background: The Federal Emergency Management Agency (FEMA), the emergency preparedness branch of the U.S. Department of Homeland Security, has provided funding for Virginia Task Force 2 (VA-TF2), Urban Search and Rescue Team since its creation in 1989. The funding supports personnel costs, equipment and supplies, facility leasing, training and travel necessary to maintain the team at an expected level of response capability and state of readiness. The Virginia Beach Fire Department is the sponsoring agency for VA-TF2. • Considerations: FEMA has awarded a grant of$1,323,990 to VA-TF2 to support ongoing expenses for a 36-month period from September 1, 2018 through August 31, 2021. The grant does not require a local match. FEMA provides funding at levels necessary to maintain current programs as well as funding to expand team capabilities to meet new threats at a heightened state of readiness. This preparedness grant continues funding for 2.25 FTEs previously approved by the City Council in the current FEMA cooperative grant including 1 full-time position (Admin Technician) and 2 part-time positions (Training Manager and Logistics Manager— total of 1.25 FTE). In addition, the grant funds 70% of the Fire Battalion Chiefs position. The grant provides continued funding for the facility lease and expenses, replacement of equipment and supplies, training, formal exercise and travel expenses. Both personnel and equipment resource demands have far exceeded the capacity of the sponsoring agency to cover support costs. FEMA assistance of this magnitude is necessary to maintain VA—TF2 at required performance levels. • Public Information: Normal agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Y) Submitting Dep. ' V • . Fire Department, 9 City Manager: : 6 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM FEDERAL EMERGENCY 3 MANAGEMNT AGENCY FOR THE CONTINUED 4 OPERATION OF THE VIRGINIA TASK FORCE 2 5 URBAN SEARCH AND RESCUE TEAM 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1) $1,323,990 is hereby accepted from the U.S. Department of Homeland 11 Security, Federal Emergency Management Agency, and appropriated, with 12 federal revenue increased accordingly, to the FY 2018-19 Operating Budget 13 of the Fire Department for the FY 2017-18 Cooperative Agreement Grant that 14 continues operation of the Virginia Task Force 2 Urban Search and Rescue 15 Team; 16 17 2) 2.25 FTE of current grant-funded positions are hereby approved for the 18 duration of the grant expenditure period and conditioned upon continued grant 19 funding. 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 the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: L r% Q A Budget and Management Services - 'orn-y's Office CA14546 R-1 October 4, 2018 > � } `i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $500,000 Related to the Mobilization of Virginia Task Force 2 FEMA Urban Search and Rescue Team for Hurricanes Lane, Olivia, and Florence MEETING DATE: October 16, 2018 • Background: The Virginia Beach Fire Department is the sponsor agency for Virginia Task Force 2, Federal Emergency Management Agency (FEMA) Urban Search and Rescue Team. The team received multiple activation orders to assist with Hurricane Lane (HI), Hurricane Olivia (HI), and Hurricane Florence (NC/SC) rescue efforts. VA-TF2 deployed a 16 member Water Rescue Team and 17 Incident Support Team Members to assist with rescue missions for these deployments. • Considerations: Upon activation, FEMA provides funding to reimburse sponsoring agencies for equipment, supplies, and personnel costs incurred to support this event. As the sponsoring agency, the Fire Department is responsible for the administrative and fiscal management of the team and its assets. Consistent with previous deployments, FEMA authorized the reimbursement of all eligible expenses related to activation, mobilization, deployment, and demobilization of VA-TF2. Based on the size and types of deployments, the estimated cost is $500,000; however, the actual cost will be better known once the reimbursement request documents have been finalized. • Public Information: Normal agenda process. • Recommendations: Adopt the attached budget amendment • Attachments: Ordinance Recommended Action: Approval y� / Submitting Der • �gency: Fire Department City Manager. /ll\�s 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $500,000 RELATED TO THE MOBILIZATION OF THE 3 VIRGINIA TASK FORCE 2 FEMA URBAN SEARCH 4 AND RESCUE TEAM FOR HURRICANES LANE, 5 OLIVIA, AND FLORENCE 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That$500,000 from the Federal Emergency Management Administration is hereby 11 accepted and appropriated to the Fire Department's FY 2018-19 Operating Budget, with 12 federal revenue increased accordingly, for costs associated with the Hurricanes Lane, 13 Olivia, and Florence mobilizations of the Virginia Task Force 2 Urban Search and Rescue 14 Team. 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: 1- S Budget and nagemeServices Ci me s Office CA14545 R-1 October 4, 2018 [ .0.5"..*„, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to CIP 4-301, "Parks/Special Use Facility Development& Renovations III,"from a Cash In Lieu of Park Reservation Payment MEETING DATE: October 16, 2018 • Background: The Trotter Court Subdivision is a proposed residential subdivision of 15 dwelling lots on a 3.006 acre parcel of land at 5861 Indian River Road, zoned R-5D Residential District. It is a relatively small single-family residential infill subdivision that is insufficient to require a large park dedication. City Council adopted a policy in 1995 to allow for cash payments in lieu of park reservations, particularly when park land dedications would be less than one acre in size. The proposed development would yield a park dedication of only .18 acres, significantly less than the 1 to 5 acre minimum size preferred for a neighborhood park. In this particular case, both staff and the developer agree that providing a cash payment in lieu of park reservation is the most appropriate option for addressing the subdivision's recreational impact. The payment would be used to improve a City Park property in the Kempsville planning area. • Considerations: Representatives of the Trotter Court Subdivision have agreed to the Cash in Lieu of Park Reservation Payment in accordance with the City Council policy (attached). The amount of the payment is based on the .18 acre (7,856 square feet) dedication requirement of the subdivision, multiplied by the assessed value per square foot of the entire site ($1.98), as determined by the Real Estate Assessor based on a valuation from July 1, 2017. The dedication requirement for the 7,856 square feet x$1.98 = $15,555 cash payment in lieu of park reservation. • Alternatives: There are four options for addressing recreational/open space requirements for residential subdivisions that have appropriate zoning: park/open space reservation; park/open space deeded to HOA; park/open space dedication; or a cash payment in lieu of park reservation payment. City Council may require the developer of the Trotter Court Subdivision to reserve, dedicate or deed to the HOA the total parkland/open space requirement instead of making the cash payment. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Cash Payment in Lieu of Park Reservation City Council Policy; Location Map of the Trotter Court Subdivision; Disclosure Recommended Action: Approval Submitting De . . Atency: Department of Parks and RecreationAtCity Manager: i11 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS TO CIP 4-301, "PARKS/SPECIAL USE 3 FACILITY DEVELOPMENT & RENOVATIONS III," 4 FROM A CASH IN LIEU OF PARK RESERVATION 5 PAYMENT 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 $15,555 is hereby accepted from the Trotter Court Subdivision development in lieu 11 of a park reservation and appropriated, with estimated revenue increased accordingly, to 12 CIP #4-301, 'Parks/Special Use Facility Development & Renovations III." 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 the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 29, ; , I 6 . . l � �L Budget an. anage-en ervices City A •rne, s Office CA14543 R-1 October 3, 2018 I rattitsi a ��_I : • I > City Council Policy t. ass Title: Cash Payment in Lieu of Park Reservation Index Number: 3.01 Date of Adoption: Date of Revision: Page 1 of 2 1.0 Purpose end Need for Policies and Procedures Section 4.5 of the Subdivision Ordinance. Public Sites and Open Spaces, has been used as the tool to acquire neighborhood parks and open space in developing areas. Section 4.5 is also a tool for acquiring sensitive environmental and. It requires the developer to reserve a parcel of land for open space and recreational purposes according to a formula based on lot size. The City has the option of purchasing this reserved land within five years at current market value. The following alternatives to reservation are currently available in the Subdivision Ordinance: Dedication: Dedication of land at no cost to the City. Dedication is one-half of reservation requirement specified in the Subdivision Ordinance. Other Arrangements: Other mutually agreeable arrangements approved by City Council which could include a cash payment. Homeowners'Association: Establish a homeowners'association which would own the property and would constitute an equivalent recreational amenity. As noted,Section 4.5 of the Subdivision Ordinance allows for cash payments as an alternative to reservations. Cash payments in lieu of a reservation or dedication is desirable when the dedication requirement is small (less 2 than one acre) or due to an analysis of existing open space/recreation amenities in relation to standards based on population, it is determined that additional land is not needed. This policy is needed to clarify the process and value for determining cash payments to ensure a consistent and equitable approach for cash payments. This policy is intended as a guide for determining cash in lieu of reservations or dedications. The current subdivision ordinance cannot require cash payment in lieu of reservations or dedications. Once received, the cash payments are to be designated for improvements within the planning area of the developing subdivision. 2.0 Policy Cash payments are recommended as an acceptable alternative to dedication of open space area when the dedication requirement is such that the resulting park space would not be a useful amenity based on statistical criteria and standards used for acquisition of park space (generally less than one acre). All cash in lieu of payments are to be determined by the City Real Estate Assessor and based on the dedication requirement multiplied by the assessed land value. In the case where a property has a current land value and market value due to land use taxation for qualifying farm and reforested property, the market value will be used to determine the cash payment. Cash payments will be due upon approval by City Council unless other arrangements are approved by City Council. 3.0 Procedure to Accomplish Policy Subdivision plans are currently reviewed for compliance with the Subdivision Ordinance as coordinated by the Planning Department. Parks and Recreation reviews all subdivision plans required to meet Section 4.5 of the Subdivision Ordinance. The procedures and policies are in place to determine the reservation or dedication requirement. The assessed value of properties is determined by the City Assessor's Office. 4.0 Responsibility and Authority The Director of Parks and Recreation shall be responsible for coordinating the review process for cash payments. Representatives from the Department of Parks and Recreation,Public Works/Real Estate,City Assessor's Office, Department of Planning, and the City Attorney's Office will review cash in lieu of payments. The City Assessor's Office will determine the assessed land value. The Director of Parks and Recreation will review the proposal for cash in lieu dedication/reservation against the City's Outdoors Plan and attach a signed finding of conformity/compliance with the Plan. 5.0 Definitions Dedication Requirement: Defined in Section 4.5 of the Subdivision Ordinance. The dedication requirement is one half of the reservation requirement. Assessed Value: Current monetary value of the property as determined by the City Assessor's Office. 6.b Specific Requirements All cash payments in lieu of park dedications are to be approved by City Council as identified in the Subdivision Ordinance. Staff will provide statistical analysis, appraisal information. calculation of the cash payment, and agreement from the developer. A cash in lieu of form and agreement will be used in this process(see attached). These items are to be included in the Agenda Request for approval of the cash payment. Approved as ��J/_,,/�ic /�n/ �����r..�� /� to Content: i ^'S'? d �'""'w e^ c0/7 J5 Director/Administrator Date • to Legal as GU /��,,�y,,,,pp* G to Legal Sufficiency: yam_ a Ty 7r' City Attorney DSte • • ?EQmraa 8 119 Reviewed by: {� t C$-pager Date APPROVED BY I Oc yt/a'1 OJ CITY COUNCIL: h Abet . LJu. .9 Sr Mayo 1 / Date Trotter Court Subdivision 5861 Indian River Road '1115 ti r. 7I r-rl;i l 4 - 'O ue, 1le tli�IY ."' 8tdfr• 11,,,,,,,,..,.. 0, °I +4s a%; -2��.0 < O 0°R v _'_ii n, as a ttS �d!t Fy r� .0 3 g �' • ` [ �a`+= CYp pROvc, U •, 1E4: t I• School .--7-.1;,.ib✓.4 "• -_. ."x' cS� Q. `, if ` l �p �� i ` y. ev k ISU1I‘ LO),, R ,a3P 73 • (I' �,) �I `Jr% a _ VI ro a }` ¢ f Or fpME xO DR �' se , V 4 r it. i°' + �� Site Location o x F.4 r< 5 0 �° 0 Gc^ �"4:.' �j U.�.W •� a ASPEN DR, - in } A �.. Qr, opo�,' •4 �'+ h c9 1 c-,.... ., , ,._,...DR m 2 FiQ .i C( r z .. 1),,,..,--4), tai u O 2 o D 'TP,.., (P,Rt�� 3 HFAri D Z 4, 4 0 . .. .,..........,,,:s 74 •4ii►J=6., t- a1r��uClfooY QQ _ I�� z' y ' lTYi1( ' ' ` o L r N.• , ,Jj Y ice" -p ,_ '� Q' V p• `Q� ,[' 6# /1 ! P t`, d�� .L .,t JY'r 1��, O. I . 4 f - l .' ,,i .44,4:7-331 X`°I w �_�'1-1 " V fit, :e 'p(y� (/. / NW C ,./+q,p.y 7 Ii t J.. l;.. 8FLt/0(R Jo a,' •,'C`.I� ,;IA,,.^.t.":::;••rt oLa,.,�V +? 14tirr a WES 8X LM •4 a:� +'7Zi.��r. Ja „, _....,_.,,..,.. S �.! t . ' 1-41-111114 Aill% AF-1 _. -r')-' ;'*4 ....k.`4...",1 Virginia Beach APPLICANT'S NAME 6 . /C. 13rr''LPP/�s 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: TAcquisition 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). ❑ APPLICANT NOTIFIED OF HEARING 0 NO CHANGES AS OF 0 REVISIONS SUBMITTED UA I E. VB 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.l s 4t.c- (A) List the Applicant's name: G' I,'� " U,i> ,f' 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) 61 026- O Piii " PA-T" 6- "�- Ku l/%cii Piel?f/f/'AT_ (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 4- SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: 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) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES] NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return R-- Architect / Landscape Architect / Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ✓^ Construction Contractors Engineers / Surveyors/ Agents Financing (include current Tw'ii_ /3/IA1K Er. mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 1—<- 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 may' an interest in the subject land or any proposed development I '') contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 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 • •p ica 'on. Piekt0/42- 40 •NT' I I NAT 'E DATE S PRINT NAME Page 5 of 7 Y 4 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 2018-19 Operating Budget of the Library Department MEETING DATE: October 16, 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. The Friends make yearly determinations as to how their resources may best support the Department's strategic initiatives. Support is provided through in-kind donations or through monetary contributions. For FY 2018-19, there is a total $46,128.75 in donations from the Friends, which will support the following programs: Friends of VBPL Donations: Adult Program Support $9,549.01 BASS-Seeing Beyond $726.83 Board Books for Parents $1,000.00 Central Anniversary Grand Reopening $750.00 Director's Discretionary Fund $4,113.85 Early Literacy Centers OF $4,000.00 Irwin Berger Scholarship $500.00 Kempsville Landrum Funding $1,384.86 Strawberry Festival Support $118.83 Summer Reading Challenge $7,662.14 Teen Program Support $8,773.23 Volunteer Recognition $2,750.00 YFS Battle of the Books $1,300.00 Youth Program Support $3,500.00 Total: $46,128.75 • Considerations: The mission of the Friends of the Virginia Beach Public Library is to raise funds to support the Department of Public Libraries. Money raised by the organization is to be appropriated by City Council to support the Department in its key programs. • Public Information: Public information will be handled through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Libraries City Manage 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 DONATIONS FROM THE FRIENDS OF THE VIRGINIA 3 BEACH PUBLIC LIBRARIES TO THE FY 2018-19 4 OPERATING BUDGET OF THE LIBRARY DEPARTMENT 5 6 WHEREAS, the Friends of the Virginia Beach Public Libraries 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: 11 12 That $46,128.75 is hereby be appropriated, with revenue increased accordingly, 13 to the FY 2018-19 Operating Budget of the Department of Public Libraries for the 14 purchase of good to support library programs such as the Summer Reading Challenge. 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: T % t Budget and Management Services orney s Office CA14535 R-1 September 20, 2018 K. PLANNING 1. KYLE W. & BAILEY B. FETT for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 633 Princess Anne Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 2. PRINCESS ANNE MEADOWS, LLC/WILLIAM &JAMES SNOWDEN for a Conditional Change of Zoning from AG-1 Agricultural to Conditional R-10 Residential and Modification of Proffers at the 2800-2900 Block of Princess Anne Road (Dated September 22, 2015) DISTRICT 7— PRINCESS ANNE RECOMMENDATION: APPROVAL 3. GRIER HAHN ENTERPRISES, INC./POOLE'S DOCKSIDE,LLC for a Modification of Conditions re commercial marina at 3311 Shore Drive(Approved April 22, 1974) DISTRICT 5— LYNNHAVEN RECOMMENDATION: APPROVAL 4. CRESPO ENTERPRISES, INC.d/b/a ROADRUNNER TOWING & AC ENTERPRISES, INC. d/b/a LOGAN'S TOWING/5312 VIRGINIA BEACH BOULEVARD,LLC for a Conditional Use Permit re bulk storage yard at 5312 Virginia Beach Boulevard DISTRICT 2— KEMPSVILLE RECOMMENDATION: APPROVAL 5. NOFISAT TAYO & BOLUDE JONES KOMOLAFE for a Conditional Use Permit re family day-care home at 1961 Arlington Arch Drive DISTRICT 1 — CENTERVILLE RECOMMENDATION: APPROVAL 6. MAVIS BAHADOSINGH & NICHOLAS GRADY for a Conditional Use Permit re family day- care home at 1605 Cliffwood Drive DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 7. JASMEEN GOULD/CRUZ LIVING TRUST for a Conditional Use Permit re family day-care home at 4440 Pissarro Drive DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 8. ANDERSON'S VIRGINIA BEACH, LLC/AGI-VB HOLDINGS, LLC for a Conditional Use Permit re outdoor recreational facility at 1925 Fisher Arch DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 9. MARY BOZARD/THOMAS LEE BOZARD for a Conditional Use Permit re residential kennel at 2880 Indian River Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 10. THE EDGE SPORTS, LLC/FAIRFIELD TIC, LLC; BCP TIC, LLC; DMF TIC, LLC; GCK TIC, LLC for a Conditional Use Permit re indoor recreational facility at 5258-A Fairfield Shopping Center DISTRICT 2 —KEMPS V ILLE RECOMMENDATION: APPROVAL 11. Ordinance to ADOPT and INCORPORATE into the Virginia Beach Comprehensive Plan the Burton Station Strategic Growth Area Master Plan 2018 which will supersede the Burton Station Strategic Growth Area Master Plan 2009 and AMEND the Executive Summary, Sections 1.2 (Urban Areas), and Chapter 3 (Plan Implementation and Agenda for Future Action) of the Comprehensive Plan 2016 pertaining to the Burton Station Strategic Growth Area Plan RECOMMENDATION: APPROVAL dtr k Ogg L it �` t1/4‘4l; � J. 1 NOTICE IF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held In the Council Chamber of the City Hall Building.Municipal Center,Virginia Beach,Virginia,on Tuesday, October 16, 2018 at 6.'00 p.m., at which time the following applications will be heard: Crespo Enterprises, Inc. d/b/a Roadrunner Towing & AC Enterprises,Inc.d/b/a Logan's Towing[Applicant]5312 Virginia Beach Boulevard, LLC [Owner] Conditional Use Permit (Bulk Storage Yard) 5312 Virginia Beach Boulevard (GPIN 1467676257)COUNCIL DISTRICT-KEMPSVILLE Grier Hahn Ent, Inc. [Applicant] Poole's Dockside LLC [Owner] Modification of Conditions (Commercial Marina) 3311 Shore Drive (GPINS 1489883682, 1489884699, 1489884455, 1489884670, 1489885516,1489885487. 1489886304) COUNCIL DISTRICT-LYNNHAVEN Nofisat Tayo Komolafe [Applicant] Bolude Jones Komolafe & Nofisat Tayo Komolafe[Owners]Conditional Use Permit(Family Day-Care Home)1961 Arlington Arch Drive(GPIN 1454991331) COUNCIL DISTRICT-CENTERVILLE Mary Bozard[Applicant]Thomas Lee Bozard[Owner]Conditional Use Permit(Residential Kennel)2880 Indian River Road(GPIN 1493335295)COUNCIL DISTRICT-PRINCESS ANNE Mavis Bahadosingh[Applicant]Mavis Bahadosingh and Nicholas Grady[Owner] Conditional Use Permit(Family Day-Care Home) 1605 Cliffwood Drive(GPIN 1475257549)COUNCIL DISTRICT- ROSE HALL 1413 The Edge Sports,LLC(Applicant]Fairfield TIC,LLC:BCP TIC,LLC; DMF TIC,LLC;and GCK TIC,LLC[Owners]Conditional Use Permit (Indoor Recreation Facility) 5258-A Fairfield Shopping Center (GPIN 1466542739)COUNCIL DISTRICT-KEMPSVILLE Princess Anne Meadows, LLC [Applicant] and Princess Anne Meadows, LLC, and William Snowden and James Snowden [Owners]Conditional Rezoning(AG-1 Agricultural to Conditional R- 10 Residential) Modification of Proffers Princess Anne Road (GPINs 1494470310, 1494461695, 1494471877, 1494464666, 1494475502, 1494475847, 1494479615. 1494481279, 1494482492. 1494485388, 1494483050 and portion of 1485841210)COUNCIL DISTRICT-PRINCESS ANNE Anderson's Virginia Beach,LLC(Applicant]AGI-VB Holdings,LLC [Owners] Conditional Use Permit(Outdoor Recreational Facility) 1925 Fisher Arch (GPIN 2414316338) COUNCIL DISTRICT - PRINCESS ANNE Jasmeen Gould(Applicant)Cruz Living Trust,dated November 22. 2011 [Owner] Conditional Use Permit(Family Day-Care Home) 4440 Pissarro Drive(GPIN 1475889073)COUNCIL DISTRICT- ROSE HALL Kyle W.&Bailey 8.Fett[Applicant/Owner)Subdivision Variance (Section 4.4(b)of the Subdivision Regulations)633 Princess Anne Road(GPIN 2308792616)COUNCIL DISTRICT-PRINCESS ANNE CITY OF VIRGINIA BEA H - An Ordinance to Adopt and Incorporate Into the Virginia Beach Comprehensive Plan the Burton Station Strategic Growth Area Master Plan 2018 which will supersede the Burton Station Strategic Growth Area Master Plan 2009 and to Amend the Executive Summary,and Sections 1.2 (Urban Areas),and Chapter 3(Plan Implementation and Agenda for Future Action)of the Comprehensive Plan 2016 pertaining to the Burton Station Strategic Growth Area Plan All Interested parties are invited to attend. Amanda Barnes,MMC City Clerk Copies of the proposed ordinances,resolutions and amendments are on file and may be examined in the Department of Planning or online at:b1lp://www.v_bgov.com/pc. For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 3854303; Hearing impaired call 711 (Virginia Relay - Telephone Device for the Deaf). BEACON:SEPTEMBER 30&OCTOBER 7,2018-1 TIME EACH N N I N I s, 1 Ih (DT; 0 0 N= r J_ _1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KYLE W. & BAILEY B. FETT [Applicant & Property Owner] Subdivision Variance (4.4 (b) of the Subdivision Regulations) at the property located at 633 Princess Anne Road (GPIN 2308792616), COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: October 16, 2018 • Background: The subject parcel was subdivided by deed in 1957. A single-family dwelling was subsequently constructed on the property in 1958. Until earlier this year, the property had been under the same family ownership since 1958. During the review of the property's history by the current property owner, it was revealed that the lot was never properly recorded, and that to do so would require a Subdivision Variance to both the lot width and the lot area. The property is zoned AG-2 Agricultural District, and as such requires one acre of lot area and a minimum lot width of 150 feet. The proposed lot width is deficient by 50.95 feet(99.05 feet proposed). The proposed lot area is deficient by 11,544 square feet (32,016 square feet proposed). • Considerations: It was not uncommon for lots to be created, albeit illegally, by deed from the 1940s through the mid-1970s. The adjacent properties are under different ownership and, as such, it would be difficult to combine this lot with adjacent properties in order to meet the dimensional requirements of the AG-2 Agricultural District. Granting the Subdivision Variance will result in a properly recorded parcel. 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 9-0 to recommend approval of this request. Kyle W. & Bailey B. Fett Page 2 of 2 1. When the property is subdivided, it shall be substantially in accordance with the submitted subdivision exhibit entitled "SUBDIVISION OF PROPERTY OF KYLE W. FETT & BAILEY B. FETT," dated June 28, 2018, and prepared by WPL. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. ,( Submitting Depart gencr1ameti X1 14 City Manager. 1`/1 Applicant & Property Owner Kyle W. & Bailey B. Fett Agenda Item Public Hearing September 12, 2018 City Council Election District Princess Anne 12 , , ,,,, Virginia Beach Request Subdivision Variance (4.4 (b) of the Subdivision Regulations) Staff Recommendation \:\r{...- Approval - c...., Staff Planner Jonathan Sanders i ,,„,,,,,, t Location 633 Princess Anne Road [ I ' GPIN 2308792616 ......., Site Size 0.74 Acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District !.. .� Nat. Single-family dwelling/AG-2 Agricultural �, r. w LwIt' Surrounding Land Uses and Zoning Districts North A .� '`0•" Princess Anne Road , Single-family dwelling /AG-2 Agricultural r••, F- t `` South 0 , , 1 r` Cultivated field/AG-1 Agricultural --...1. "" East � �, � '� _:... . . ._,t. r. Single-family dwelling, cultivated field /AG-2 tr.... b►. -fir;.' Agricultural 4 _ • �: ��..'; West " Single-family dwelling/AG-2 Agricultural i . Kyle W. & Bailey B. Fett Agenda Item 12 Page 1 Background and Summary of Proposal • According to the application, the subject parcel was subdivided by deed (July 2, 1957)and recorded on October 15, 1957 in Deed Book 515, page 252. A single-family dwelling was subsequently constructed on the property in 1958. • The property had been under the same family ownership since 1958 until the current property owner purchased the lot earlier this year. During the review of the property's history, it was revealed that the by 1957, all new subdivisions were required to be created by plat. Based on this, a Subdivision Variance to both lot width and lot area are required in order to correct this oversight and legally create the parcel. • The property is zoned AG-2 Agricultural District,and as such requires one acre of lot area and a minimum lot width of 150 feet. The proposed lot width is deficient by 50.95 feet(99.05 feet proposed). The proposed lot area is deficient by 11,544 square feet(32,016 square feet proposed). As such,a Subdivision Variance to both lot area and lot width is requested. Required Proposed Lot(Parcel C) Lot Width feet 150 99.05* Lot Area(square feet) 43,560(1 acre) 32,016* *Subdivision Variance required AG-2 • I �~ No Zoning History To Report AG-2 AG.i r,,C1 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 Kyle W. & Bailey B. Fett Agenda Item 12 Page 2 Evaluation and Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property,and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography,or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the zoning ordinance incorporated by reference in this ordinance. This is a request to properly record a lot that has existed since 1957 by deed, and has been developed with a single- family dwelling. No further subdivision of land is proposed,and no changes are proposed to the existing structure. Due to the specific circumstances of the request, and the fact that the adjacent properties are under different ownership, Staff recommends approval of this request as conditioned below. Recommended Conditions 1. When the property is subdivided, it shall be substantially in accordance with the submitted subdivision exhibit entitled "SUBDIVISION OF PROPERTY OF KYLE W. FETT& BAILEY B. FETT," dated June 28,2018, and prepared by WPL.Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development.A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 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 with primarily agricultural and rural related activities. 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 against inappropriate activities and intense growth pressures. Kyle W. & Bailey B. Fett Agenda Item 12 Page 3 Natural and Cultural Resources Impacts There are no known significant cultural resources associated with the site. 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. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 3,856 ADT' 6,200 ADT'(LOS""C") Existing Land Use 2-10 ADT Proposed Land Use 3-10 ADT 'Average Daily Trips 2 as defined by a single-family 3 as defined by a single-family "LOS=Level of Service dwelling dwelling Public Utility Impacts Water The site is served by a private well. Sewer The site is served by a private septic system. Kyle W. & Bailey B. Fett Agenda Item 12 Page 4 Proposed Subdivision PRINCESS AI*E ROAD 130'1 saaMgiE WON RA) (STA1r rafaviw r PLAT BOOK F. PC to) 018 306. PO 92) E. Its 7 \ •4 *.�j �f 1 S J 1)06' C6 MI6; %ME iGC 99.05 feet 4111 32,016 square feet • DE1IECHpIM A if1WON _ 10• Y SIAM A CI EN Do1011FS E*NNW PARCEL C ;A gift A oocsr�esa, B MO.D.PC :659) MCP A GMTV 233e-19-'60e a • (Y fl SSA PC.9i j :;•• :7A-74-5656 • S 6 • br Anf. 'JR 71 a:x+� w 1.U[ .� UM MIDI (IH 2O067714,1012063:, N.AAAL A (Y H :at PG 92; j.. lb 0 30 60 90 F. t GRAPHIC SCALE ti- - 30• Kyle W. & Bailey B. Fett Agenda Item 12 Page 5 Site Photo *. •... �, . idix •••;.•;;•,,,;„ V" , :f I , 7. • 7.:.l ' . . - r ,...44-. .,**.- . ` i j :y. I4 i • • , oo ',...-%,•-• -V "". ,,iff:'-. $1-: - ...zsemat ,• ", •. -•r- • 0, lo' 41 " so-4:;' ','. Kyle W. & Bailey B. Fett Agenda Item 12 Page 6 Disclosure Statement • V3 Virginia Beach APPLICANT'S NAME Kyle W. nett&Bailey B.Fett DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a hoard, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City I 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 eals Certificate of Floodplain Variance Appropriateness Street Closure Historic Review Board Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision variance Board L_____ Conditional Use Permit License Agreement I 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 CON CCITY USE ONLY/All disclosures must be updated tsx all creels prior to any ; Page 1 of 7 Commission and City Council meetAo that pertains to the a .I cat ontsl 0 APPLICANT NOTIFIED OF HEARING I DATE ONO CHANGES AS OF i DATE I cf �/I g I J5 Jonathan Sanders REVISIONS SUBMITTED DATE. !!! Kyle W. & Bailey B. Fett Agenda Item 12 Page 7 Disclosure Statement T\i/B Virginia Beach LSI Check here if the APPUCANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. riCheck here if the APPUCANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Kyle W. & Bailey B. Fett 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. UCheck here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization,AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Kyle W. & Bailey B. Fett Agenda Item 12 Page 8 Disclosure Statement • kik3 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 fist if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and local Government Conflict of Interests Act,Va Code §2.2.3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent subsidiary relationship, that exists when(I) one business entity has a controlling ownership interest In the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the sante 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_Qperating or to be.9perated 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 Kyle W. & Bailey B. Fett Agenda Item 12 Page 9 Disclosure Statement APPLICANT Virginia Beach YES f NO I SERVICE 1 PROVIDER tune additional sheets if 1 needed) n ( Accounting and/or preparer of your tax return n CX Architect/Landscape Architect/ Land Planner Contract Purchaser Of other than the ADDIIcanU-identify purchaser and purchaser's service providers Any other pending or proposed ❑ r, purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 111 Construction Contractors Engineers/Surveyors/Agents WPL Financing (include current Dregas Mortgage Company ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition 1 or construction of the property) X Legal Services Sykes,Bourdon,Ahern&Levy,P.0 Real Estate Brokers/ n 7 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 n i XI 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 Kyle W. & Bailey B. Fett Agenda Item 12 Page 10 Disclosure Statement Virginia Beach i 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. Kyle W. Fett I APPUCANTSS RE PRINT NAME ~DATE `� t4 •Bailey B.Fett it20,1 Page 5 of 7 Kyle W. & Bailey B. Fett Agenda Item 12 Page 11 Item#12 Kyle W.& Bailey B. Fett Subdivision Variance(4.4 (b) of the Subdivision Regulations) 633 Princess Anne Road District- Princess Anne September 12th, 2018 CONSENT Ms. Oliver: Thank you. The next matter is agenda item number 12 and this is an application for a Subdivision Variance to Section 4.4 (b) of the Subdivision Regulations on property located at 633 Princess Anne Road located in the Princess Anne District. Welcome. Mr. Bourdon: Thank you, madam vice chair, Mr. Chairman, members of the Commission, for the record Eddie Bourdon, Virginia Beach attorney representing Mr. and Ms. Fett. Unfortunately I do too many of these little clean up things but appreciate the work of staff, the one condition is acceptable and appreciate being on the consent agenda. Ms. Oliver: Thank you very much. Is there any opposition to this application being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Ripley to read this into the record. Mr. Ripley: This is a parcel land at a very lower part of the City on Princess Anne Road below the Pungo Ferry Bridge Road. So it's way down there. As Eddie eluded to, it was transferred by deed or established by deed but never really a plat was recorded. So this is a plat being recorded, as a result it doesn't fit within the minimum plat size, and it has 99 feet versus 150 feet. It contains 32,016 square feet, which is three quarters of an acre versus an acre. These things come here routinely, so this is one of them and we felt that it ought to be on consent, Planning Staff recommends approval, so it's on consent. 1 AYE9 NAYO ABSO ABSENT2 HODGSON AYE HORSLEY ABSENT INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL ABSENT WEINER AYE CONDITIONS 1. When the property is subdivided, it shall be substantially in accordance with the submitted subdivision exhibit entitled "SUBDIVISION OF PROPERTY OF KYLE W. FETT & BAILEY B. FETT" dated June 28, 2018 and prepared by WPL. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 2 14""ifett "40 ‘: s. • \ � . ,:' r ,sw 4,vp: t ., t .- ohi E57 At6 - 41 ' - i 'en% /' ,I, ari-,11) -VA pt.‘"*\ ij :' ,1,4111. in 6 Weak%:41 0.17,1 rili rigialt.:11" E ' Ffi 51" • ILTi riga' Ei *cm',\. - l' • S' 4" i.:?..41.7 '`-=',1111`-''7.AL 4170,40 alailiniFireflA C� � �, ›,,T,... ...,,,.., \� � : .. `� moi/ ,. ,& 14'-si %till reti, tiu„,..„Vattti . '04;ilifq ! 44:) . ' Al7; N 16N - 11C111121% . lattAibill Wir 6Adin• P'1/444 ' ? \ A'I 'No • <” itlYtet f‘i ' \'‘ !,'' \ * eVECIOASV 1* • k'--\4);, 41/4 Klb,.1, \ witi6ft:_, , , :: \\ 111/4,..... ,\.,,,,_ .., ,,...„ .,, 44> .. 4;:,,/,.:,/, '4 \ N\ It," in 40'1*A reA4440.A .#vi? 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Op 44; T,-...i.s.1/4, i, (t.. .• i / /4# trig ,4 ,, / i .4 \N �, .. �4/1417) k Cut` �� - .►�� .. . �t t , i I 100 Dzinith,. )15,i re 4 S 'Lli ~AO - ‘;$'.; k, .N* VI C -r4.• ** 8 N. \ cir '-,--1,7, 4, in - ` / 40-,Ltip' v 0\ ,,,,„ ,, . ♦ ♦4„♦�` ' ,\ * 1 4, s ,,, / 4... , .- it < ‘ , ..', . ,\ - i IVP .mil J...reo ,,,,:i . ./... . N ° Lr) Z Air Ak,Niti://4fr - 1 ' ' 0 r . a -'>vi ,,------ -'0 r,- co alulikv '.'*//4144 \\ \ w 112ma _ i ',AS \\\\ 1111 c t<,1 or .m p ,„A„, lu� 1' Sj .5/ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PRINCESS ANNE MEADOWS, LLC [Applicant] PRINCESS ANNE MEADOWS, LLC, WILLIAM SNOWDEN & JAMES SNOWDEN [Property Owners] Modification of Proffers & Conditional Change of Zoning (AG-1 Agricultural to Conditional R-10 Residential) at the property located in the 2800-2900 Block of Princess Anne Road (GPINs 1494470310, 1494461695, 1494471877, 1494464666, 1494475502, 1494475947, 1494479615, 1494481279, 1494482492, 1494485388, 1494483050 & portion of 1485841210), COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: October 16, 2018 • Background: The request is two-fold: a Conditional Rezoning application from AG-1 Agricultural District to Conditional R-10 Residential District, and a Modification of Proffers in order to incorporate this acreage into the approved Princess Anne Meadows neighborhood that is currently under construction. In 2016, the City Council approved a Conditional Rezoning to R-10 Residential District for an 80-unit single-family residential neighborhood on 42.45 acres of land, known as Princess Anne Meadows. More recently, the developer entered into a contract with an adjacent property owner to purchase approximately 60,000 square feet of land with the intention of creating three new residential lots and adding additional open space area into the neighborhood. The proposed house designs will follow the same architectural style as the development under construction. The stormwater system for the neighborhood has sufficient capacity to accommodate the additional development. ■ Considerations: The consolidation of properties creates an improved, cohesive pattern of development. As recommended by the Comprehensive Plan, Staff has reviewed the preliminary stormwater strategy and is confident that it has the potential to successfully comply with stormwater regulations for the site. As this site is located in the 65-70 dB DNL, Sub Area 2, the City-Navy Joint Review Process Group reviewed the proposal and determined that it is consistent with the recommendations of the Comprehensive Plan, and will have a resulting density lower than the surrounding established residential communities. 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. Princess Anne Meadows, LLC Page 2 of 2 • Recommendations: City Staff finds the proffers acceptable and recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 8-0, with one abstention, to recommend approval of this request. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep• m •n i = s ency: Planning Department . Pla,1,1 s I. 41111 City Manager: Applicant Princess Anne Meadows, LLC Agenda Items Property Owners Princess Anne Meadows, LLC, & William Snowden and James Snowden 8 & 9 (,,z,./ Public Hearing September 12, 2018 Virginia Beach City Council Election District Princess Anne Request APZZ Conditional Rezoning(AG-1 Agricultural to - Conditional R-10 Residential) 411"1!IIIIPM Modification of Proffers ; 7o n dB ow► Staff Recommendation 14114 Approval ~' 44% Staff Planner Jonathan Sanders Location 2800-2900 Block of Princess Anne Road GPINs 1494470310, 1494461695, 1494471877, 1494464666, 1494475502, 1494475947, 1494479615, 1494481279, 1494482492, 1494485388, 1494483050& portion of 1485841210 Site Size 43.75 acres AICUZ 65-70 dB DNL; Sub-Area 2 Watershed Southern Rivers Existing Land Use and Zoning District Single-family development under construction, ._ woods/Conditional R-10 Residential,AG-1 n Agricultural G • Surrounding Land Uses and Zoning Districts North rs'? '; ,.... Single-family dwellings,woods/AG-1 t w Agricultural, R-7.5 Residential a . r South Princess Anne Road _ Masonic lodge, single-family dwelling, woods/ AG-2 Agricultural "'~ . ,, East Single-family dwellings,woods, right-of-way/ R- 7.5 Residential,AG-1 & AG-2 Agricultural West Single-family dwelling, woods/AG-1 &AG-2 Princess Anne Meadows, LLC Agenda Items 8 & 9 Page 1 Background and Summary of Proposal • This request is two-fold: a Conditional Rezoning application from AG-1 Agricultural District to Conditional R-10 Residential District for three new parcels on 55,500 square feet of land adjacent to the Princess Anne Meadows residential subdivision (under construction), and a Modification of Proffers in order to incorporate these new parcels into the approved development plan. �. R- .UVJ d ! rv= 1.75 * .iris p. .. ping....11i1. xllik//,,,- ;g 0, ,,r G-1-,/,,_ ./ ;p: , 4...._, „ REZONING �� `�� AG-2 - - hi • 4 No , roofge'' , /,'F- '7 : 4,..: 'A.:\ 0 4411 / -....-,.. tyr .'' ,... Ad / A2' /4*.a '4/ P . .. ,. .4 - ' . 1 R_� d 0 � o H': � ‘6".7.---.7„. ezre- ' v_ fa 4* ee. /le,6, y S,9' , ' 4Z> *0 . . , ,i ;' AG-2 --, 4 _. , :. ,,., • In 2016, a Conditional Rezoning to R-10 Residential District for an 80-unit single-family residential neighborhood on 42.45 acres of developable land was approved by the City Council. • Recently,the developer entered into a contract with an adjacent property owner for approximately 55,500 square feet to add three additional residential lots to the neighborhood, as depicted as lots 81, 82 and 83 on the Proposed Site Layout on page 8 of this report. The three lots will front an existing road in the neighborhood. • As depicted on the Proposed Site Layout, immediately to the west of the three proposed single-family lots is an area of open space that will be incorporated into the overall open space of the neighborhood. • The proposed house designs will follow the same architectural style as the development under construction, and as depicted on pages 9 to 12 of this report. As proffered,the exterior building materials will be a combination of architectural-grade shingles, raised metal-seam roof accents,fiber-cement siding, and masonry. • The stormwater system for the neighborhood under construction has sufficient capacity to accommodate the additional three houses. Princess Anne Meadows, LLC Agenda Items 8& 9 Page 2 • s S, .L �t,; , • �{ o,� 1 ,1,. :V.; ..1.-0 t fy^7 O..4,4-b L12 ' Zoning History , �z+^,. - St Request 4 ,, • a� f R-10 r 1 CRZ(AG-1&AG-2 to Conditional R-10)Approved A, i ri llik 01/05/2016 a ����, R is• r.,•.lr CRZ(AG 1&AG 2 to PD H2[R 10])Denied 11/18/2014 �. iS , I/r7 ,rj,... % ,�� ���/% t. ,d � 2 SVR Approved 01/09/2007 1‹....."" y�r -h ;''��.'r Via" `- 3 CRZ(AG-1&AG-2 to Conditional I-1) Approved 12/13/2016 y ; }'7;19 .. REZ 02, B2, R10, P1&H1toAG1 Approved l �� r <. i''>%' 05/27/1997 -� �i 1 r j� '�y1, ° CUP(Outdoor Recreation—Golf Course)Approved AG•2/, \r-! � �f`�_/,. 05/27/1997 AG-1 • 4N\ „ � :). 4 CUP(Assembly Use)Approved 11/21/2017 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 It is Staff's opinion that the proposed rezoning to Conditional R-10 Residential and the modification of the existing proffered plan to permit three additional lots is acceptable, as it will have the same zoning, lot configuration pattern, house designs, and proffered standards as the existing approved proffers for Princess Anne Meadows. Furthermore, these attributes are consistent with the land use policies for Suburban Focus Area 2.1 North Courthouse which calls for maintaining low residential density,consolidation of parcels into a single, open spaces areas which include preservation of mature trees stands,and a well-configured tract of land that enables a safe,coordinated,and attractively designed development plan. As recommended by the Comprehensive Plan,the applicant has submitted a preliminary drainage study to the Development Services Center(DSC)outlining their proposed stormwater strategy for the modified development.The DSC is confident that the submitted strategy has the potential to successfully comply with stormwater regulations for the site. As this site is located in the 65-70 dB DNL,Sub Area 2,the City-Navy Joint Review Process Group(JRP)reviewed the proposal on April 25,2018. The JRP determined that the proposal is consistent with the recommendations of the Comprehensive Plan,and will have a resulting density lower than the surrounding established residential communities. The evaluation portion of the letter is provided on page 13 of the report. For the reasons stated above,Staff recommends approval of the requests, subject to the proffers below. Proffers Rezoning & Modification The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA).The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application Princess Anne Meadows, LLC Agenda Items 8&9 Page 3 be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, it shall be as a residential subdivision of single family homes,substantially in accordance with the Plan designated "Plan of Princess Anne Meadows", dated September 22, 2015 and revised August 2, 2018 prepared by Kotarides Developers,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(the "Plan"). Proffer 2: When the Property is developed,the primary vehicular Ingress and Egress to the Property shall be from Princess Anne Road as depicted on the Plan. The Applicant shall include in each sales contract as well as part of the Homeowners Association Documents a Statement that the City of Virginia Beach shall close the primary vehicular Ingress and Egress to the Property,ceasing its use for that purpose, in the event that any roadway or public right-of-way located within the property is connected to any roadway located outside the Property limits,and such roadway provides a link to Princess Anne Road at its existing intersection with Tournament Drive.Such roadway may be either'London Bridge Ext South'as designated in the 2009 Master Transportation Plan or any other roadway meeting the same or greater construction standard than the roadways located on the Property. The City of Virginia Beach, Department of Public Works, Engineering,Specifications and Standards shall be used to determine if the construction standard is the same or greater. Proffer 3: When the Property is developed, it will be subdivided into no more than 83 single family residential building lots.When the Property is developed,the total number of single family dwellings permitted to be constructed on the property shall not exceed 83. Each two-story dwelling shall contain a minimum of 2,400 square feet of enclosed living area excluding garage and each one-story dwelling shall contain a minimum of 2,150 square feet of enclosed living area excluding garage. Every dwelling shall have a 2-car garage and off street parking for at least two vehicles. Proffer 4: When the Property is developed the areas shown on the Plan outside the 83 lots, rights-of-way to be dedicated to the Grantee,and reservation to the Grantee for future street purposes, are designated as Open Space areas.The Open Space areas shown on the Plan as"Forested Open Area"shall remain in their natural state and shall not be disturbed. The Open Space areas shown on the Plan shall be maintained by a Homeowner's Association to be established by the Grantor upon development of the Property. Membership in the Homeowners Association shall be mandatory. Proffer 5: When the Property is developed,street lights shall be a black colonial head mounted on a black pole at distances and heights to be determined during site plan review. Proffer 6: The Applicant shall submit for review by the Director of Planning, during site plan review and prior to the application for building permits,the exterior elevations,architectural features and building materials for each of the home designs proposed for construction.The exterior building materials shall be a combination of architectural shingles, raised metal seam roof accents, Hardie Plank or similar fiber cement siding,or masonry,as depicted or substantially similar to the Exhibits entitled "Princess Anne Meadows Elevations",which are on file with the Virginia Beach Department of Planning. Proffer 7: Further conditions may be required by the Grantee during Subdivision Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Princess Anne Meadows, LLC Agenda Items 8&9 Page 4 Proffer 8: The above conditions, having been proffered by the Applicant 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 content,and if not so recorded, said instrument shall be void. Proffer 9: The Grantor covenants and agrees that: a. The Zoning Administration 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(i)to order in writing that any non-compliance with such conditions be remedied and (ii)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 proceedings. b. 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. c. If aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code,the Zoning Ordinance, or this Agreement,the Grantor shall petition the governing body of Grantee for the review of such decision prior to instituting proceedings in court. d. The Zoning Map shall show by an appropriate symbol on the Map the existence of conditions attaching to the zoning of the Property on the map and that the ordinance and the conditions may be readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the name of the Grantor and Grantee. Staff Comments: The submitted Proffers are acceptable and ensure that the modification of the development will integrate the new property and architectural features consistent with the previously approved plan. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services 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. Princess Anne Meadows, LLC Agenda Items 8&9 Page 5 Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the Suburban Focus Area (SFA) 2.1—North Courthouse. Bounded on the north by the proposed Southeastern Parkway interchange, on the south and east by the Christopher Farms subdivision, and on the west by Princess Anne Road,the SFA consists of approximately 100 acres. It is located within the 65 to 70 dB DNL AICUZ (Sub-Area 2) and thus residential development is subject to the AICUZ overlay Ordinance. One of the goals for SFA 2.1 is that properties will be accessed by a proposed connector road that would cross through this area to link Holland Road with Princess Anne Road, aligning with the entrance to the Virginia Beach National Golf Course. As many parcels as possible should be consolidated into a single, well-configured tract of land that enables a safe, coordinated, and attractively designed development plan. Exceptional open spaces areas and vistas should be provided which include preservation of mature trees stands. Stormwater management facilities should designed as an amenity. Consistent with the provisions of Section 1804 of the Zoning Ordinance, single-family residential development with an overall maximum density of 3.3 dwellings units per acre. The development site is located within an area designated as Sub-Area 2 of the Princess Anne Corridor Study. Sub-Area 2 is located directly south of the future Southeastern Parkway interchange on the east side of Princess Anne Road and in 2009 consisted of 27 privately-owned parcels with a few single-family residences. The viewshed of adjacent land uses and landscape visible from Princess Anne Road should be controlled through the appropriate use of planting and design. Natural and Cultural Resources Impacts Prior to the Conditional Rezoning for the 80-house development,the applicant conducted Phase 1 and Phase II archeological surveys of the development site. The surveys were a component of the non-tidal wetlands permitting process of the Corps of Engineers. 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. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Princess Anne Road 30,878 ADT 32,500 ADT'(LOS°"C") Existing Land Use z-784 ADT 34,900 ADT'(LOS""E") Proposed Land Use 3-812 ADT 1 Average Daily Trips z as defined by a 55,500 3 as defined by 83 single-family houses 'LOS=Level of Service square foot lot zoned AG-1, and 80 single-family houses Public Utility Impacts Water There is an eight-inch City water main along Allen Gimbert Way. Sewer There is an eight-inch City sanitary sewer main along Allen Gimbert Way. Princess Anne Meadows, LLC Agenda Items 8& 9 Page 6 School Impacts School Current Enrollment Capacity Generation 1 Change 2 Christopher Farms Elementary 687 738 1 1 Landstown Middle 1,423 1,571 0 0 Landstown High 2,139 2,594 1 1 '"Generation"represents the number of students that the development will add to the school. 2"change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). Princess Anne Meadows, LLC Agenda Items 8&9 Page 7 Proposed Site Layout % - LAKE 2 J :''i ! 1 • NA ,a: AOUVTAN•' 0 0 J J J.'JO'!J 1 ,11 -. ' �1 4.pt 1�W14.4Az' ,r.j J J J J J .'.., I,•t S ` li.. J 1"1.p fv1,'.• ,�.1; - /..\ n .<3,,,. ...is . 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RJ / ^a PROJECT STATISTICS TREET I.IOLLTN(i ,.ljr �.-0CNK; OiOl00E•.ELO!'N9,TAMA nMKAl6 / PAVR ION •II0000EOlONNCi Mal•NY6.0 KITH eFN10e M$ 0NN(lf"AVI1*,Ill11'W Mf00„ •IMMRO IMP �1/KN.'11M / g - GRILL .. I•e110 11 iI r ....UN wINu amo^t .rI'' ;� PERMANENT c 0 oHP4C*!l c lot- MAm MIN III.K!! TOURNAMENT l AREA AC.R nerwin.TO rill 1 r AOAA6 �Up9�4 •I OAK•3 11.4•4611 RIC�W.V GUTTER 11111`. a ._ owI.V.III WV= OLOIlATONI COMMUNITY AMENITY ARE, 6.lCv 004 NMI**IV 044,136 �r f 1.IKIIeA)lM AClA 00.1,04.67 1.040604.• !A".rt6 16' IV hrnlN�wX�f, i '-• 50 a..! MAILS LS,M.!6 R1V.' TYPICAL ROAD SECTION RM PLAN OF 4 bb.PRINCESS ANNE Gftr MEADOWS kt • September n,2015 ENTRANCE ELEVATION ReAsW August 2.2918 Princess Anne Meadows, LLC Agenda Items 8 &9 Page 8 Proposed Elevations 4 PRI NCESS AN N L Typical Exterior Details V MEADOWS September 28, 2015 Custom Hardi Board Decorative Finest quality architectural Ornate Window Minimum 10,000 &Brick Exteriors Shutters 30-year roof shingles Details Square Foot Lots "IIIIWIIIIW ...-..-_j_ - _ • �—� �►✓Q --\ • L ` •�- `Jy l C{ , / ` t ---011P u, WI N1 WM N t!.I ae* IS f1 1 rL1I1� , T K�� � (�.l • .r`r '1, i�■ _ _ `tt JIlL . 4 f 1,t R,� ,', �I� 1 „'1r ,f . - , 1� . i ii \ .-) 'I i :. 41"/I'‘'' ir../ . ---—V —- ‘ /• r no,:4- i s r I �I x t ..._ '" �'' �. ®® ® �� L 1_ ; . 1, .A.f: rss I run i It® f`� ml L i�� . f.. - - i q-r��— .•. M... _.--- . --- ft r 1+ - �+er_ _ . Professionally.andscaped 8'Decorative Upgraded Decorative Carriage Spacious 2 Car Garages and sodded front yards Columns Verandas Style Garage Doors &Driveways Princess Anne Meadows, LLC Agenda Items 8 &9 Page 9 Proposed Elevations 71 _-. dI ,_ - 1 i 1 ....�..p I I ' ►P"NMI •�d. UM Ili! IIII on I. 13 1'.71!11!] 1,110.. .. . wlMOM®IID©la© 4)1/...PRINCESS ANNE r MEADOWS z77- NNNN. le ;f I� !04 wit& f I is / �� I • _;Il i ;� .,,.. i. ti- , . ..1 ik et , i. . ii . Moo ; ' ' ' I L JI. .4J1Irs.liii . iiiikii4 f. Princess Anne Meadows, LLC Agenda Items 8 &9 Page 10 Proposed Elevations .:_, - 1 . iii I _ , 1 , . . - Aid' -,lir:1- -at'.! :64(... •-• \�r ' ill,' , Iri_ ma®n Ir _' a -i. . , rr Y Y. _ .(PRINCESS ANNE )p/ MEADOWS a 1'� / r .� :1 trearl Ti3 ' i fes, f.9 '� I y �• , ` f si . ..... ..._ .. , _ ... -- :-_-_,..„ ___________________________ Princess Anne Meadows, LLC Agenda Items 8 & 9 Page 11 Proposed Elevations ) i. ,i 1,,, ,,.. ' mi Lin_ rp , . , . . , .... ,. .. .:17, .1:is..., Y Ir.... NM" L9 ! M. ill .-14,riiwil4'.,4.11' . _F'la i ,.• 4bb,,,PR!NCESS ANNE Y MEADOWS 1 n1 .+ .al , 4 . !- I 3 01 . MI_ - . : r‘ ,- r + ` s--� Atli �c'�".r111LAl JIL,..4I�P.• a Y; - ' � _ 1. Princess Anne Meadows, LLC Agenda Items 8 & 9 Page 12 Joint Review Process Group Evaluation Joint Review Process Group Evaluation Kotarides Developers GPINs 1494483050,1494580681 Page 4 • • EVALUATION The Joint Review Process Group evaluated this application for compliance with the above provisions of Section 1804(c)(2) of the City Zoning Ordinance.The points of discussion follow. With regard to the first criteria provided in 1804(c)(2) pertaining to density, the proposed density of 1.91 units per acre for the Princess Anne Meadows development is less than the densities of the surrounding residential communities which include Christopher Farms(Phases 1 and 2)at 2.7 units per acre, Christopher Farms(Phase 3)at 2.3 units per acre,Buryn Farm South at 2.8 units per acre and Woods of Piney Grove at 3.0 units per acre. With regard to the second criteria provided in 1804(cX2) pertaining to conformance with the Comprehensive Plan,the proposed development site is located within an area designated as Sub-Area 2 of the Princess Anne Corridor Study(no relationship to Sub Area 2 of the 6570 AICUZ). The recommendations for this Sub-Area call for a'base density' of two dwelling units per acre. It is the opinion of the Joint Review Process Group that,the proposed residential density of 1.91 units to the acre meets both Section 1804(c)(2)(i) and 1804(c)(2)(ii). It is lower than both the densities of similar residential development of the area and it is consistent with the recommendations of the Comprehensive Plan. Based on the above,the Joint Review Process Group finds that the proposal does meet the requirements of Section 1804(cX2). • • For the City Navy Joint Review Process Group— k,e44",d-'" t Jimmy McNamara, Department of Planning and Community Development Princess Anne Meadows, LLC Agenda Items 8 &9 Page 13 Site Photos ------. .....,,,, 111 - 4° I e _ -- - , • "flai."5•"'ilfir/41, r. sOitreirimprornir IF , I LI , . _ • . . 111.. ' 4.-- 16 ••-. ..... ' -- . - ' ' ' •,, -,'"$t ,','"''''- -.. •--:" _ . . _ - ..-- . , . -..;.- .. s ,. t:"*.1 4,,t. •• 1:t".. . .., , 10 0 . •..!4,'! '.,.;1 . --.. . . •••••r".... "411111 lailikailiisalallallaillil' . , , • ,7 V'&'`.,.;.k':`..*e*,..1.,.•:-;: 1"&-il • i a . . 11440 • 46 • / t .•..-- •,r- , ',...-:'' ' , .. . _ _--,__ -.-. •>, ...... - Princess Anne Meadows, LLC Agenda Items 8& 9 Page 14 Disclosure Statement Mr3 irginia Beath APPLICANT'S NAME Princess Anne Meadows, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • 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. 4 • SECTION 1 / APPLICANT DISCLOSURE f OR CITY USE ONLY/All disclosures must be updated tv,. ,, is .. ._ r Page 1 of 7 Planning Commission and City Council meeting that pertains to the apo'ication{si go, APPUCANTNOTIFIED OFH1A!:'r!. DAT! �) NO CHANGES AS OF 10/3/i J S Jollalhan Sanders 0 REVISIONS SUBMITTED Princess Anne Meadows, LLC Agenda Items 8 &9 Page 15 Disclosure Statement 1/B 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:Princess Anne Meadows, LLC If an LLC, list all member's names: Kotarides Holdings, Pete Alex Kotarides, Pete Odysseus Kotarides, Petro Alex Kotarides and Basil Odysseus Kotarides 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 footnotes1 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. EI 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:William&James Snowden If an LLC, list the member's names: Page 2 of 7 Princess Anne Meadows, LLC Agenda Items 8&9 Page 16 Disclosure Statement k'irgnia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) -Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act.Va Code§2.2-3101 2 'Affiliated business entity relationship" means "a relationship, other than parent subsidiary relationship- that exists when (i)one business entity has a controlling ownership interest in the other business entity. (ii)a controlling owner in one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities.- See State and Local Government Conflkt of Interests Act. Va.Code§ 2.2-3101. • ----- .- - — 0 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 Princess Anne Meadows, LLC Agenda Items 8 &9 Page 17 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) riAccounting and/or preparer of BDO USA LLP ll �I your tax return nArchitect/ Landscape Architect/ Custom Home Designs Land Planner ❑ Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ r purchaser of the subject property (identify purchaser(s)and purchaser's service providers) [1Construction Contractors Vico Construction Corporation nn Engineers/Surveyors/Agents American Engineering Financing (include current BB&T l l mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) XLegal Services Harry Purkey Real Estate Brokers / (n Agents/Realtors for current and ' I anticipated future sales of the subject property • f 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 Princess Anne Meadows, LLC Agenda Items 8&9 Page 18 Disclosure Statement 'NB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPUUNT IGNATURE PRINT NAME DATE 1/r:A9 O'I Ful P/,Nlct[frith 7/2/IZ. IlnDowS (Cc j c MG(a A(42 Page 5 of 7 Princess Anne Meadows, LLC Agenda Items 8& 9 Page 19 Disclosure Statement 'NB OWNER Virginia Beach YES NO SERVICE I PROVIDER(use additional sheets if neededj_ X Accounting and/or preparer of your tax return IX I Architect/Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than X the Anniicant)-identify purchaser and purchaser's service providers Any other pending or proposed n ri purchaser of the subject property (identify purchaser(s)and purchaser's service providers) • X Construction Contractors uEngineers/Surveyors/Agents Financing(include current n nmortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nX❑ Legal Services Real Estate Brokers/ n ('RI Agents/Realtors for current and f 11 �( 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 pr an interest in the subject land or any proposed development I I pr^ 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 Princess Anne Meadows, LLC Agenda Items 8 &9 Page 20 Disclosure Statement V rginia 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. n� 4 William Snowden 6/29/18 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE_ Page 7 of 7 Princess Anne Meadows, LLC Agenda Items 8& 9 Page 21 Disclosure Statement NB OWNER Virginia Beach YE� C NO SERVICE 1 PROVIDER(use additional sheets it needed)_ .1 Accounting and/or preparer of your tax return n ® Architect/Landscape Architect/ Land Planner ® Contract Purchaser(If other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed E © purchaser of the subject property (identify purchasers)and purchaser's service providers) El ® Construction Contractors - — nFl Engineers/Surveyors/Agents Financing (include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n ® Legal Services • Real Estate Brokers/ nix Agents/Realtors for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n ® an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Princess Anne Meadows, LLC Agenda Items 8 & 9 Page 22 Disclosure Statement 113 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 � mar./201 James Snowden 2--X6'��__ OPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7of7 Princess Anne Meadows, LLC Agenda Items 8 & 9 Page 23 Item #8 & Item #9 Princess Anne Meadows, LLC & William Snowden and James Snowden Conditional Rezoning (AG-1 Agricultural to Conditional R-10 Residential) & Modification of Proffers 2800-2900 Block of Princess Anne Road District- Princess Anne September 12111, 2018 CONSENT Ms. Oliver: Thank you, the next matter is agenda item number eight and nine and this is an application for Conditional Rezoning in AG-1 Agricultural to Conditional R-10 Residential and a Modification of Proffers on property located on Princess Anne Road, located in the Princess Anne District, is there representative on this. Hello welcome. Mr. Blawins: Good afternoon, my name is Daniel Blevins and I am here representing the owner and the applicant. Ms. Oliver: Great and the conditions set forth in the application acceptable? Mr. Blawins: Yes, they are. Ms. Oliver: Great, thank you very much. Is there any opposition to this being placed on the consent agenda, hearing none, the chairman has asked commissioner Kwasny to read this into the record? Ms. Kwasny: Thank you vice chair Oliver. This is a request for Conditional Rezoning and Modification of Proffers in the Princess Anne District, in the 2800, 2900 block of Princess Anne Road. This request is two-fold: a Conditional Rezoning application from AG-1 Agricultural District to Conditional R-10 Residential District for three new parcels on 55,500 square feet of land adjacent to the Princess Anne Meadows, residential subdivision currently under construction. In 2016, a Conditional Rezoning to R-10 Residential District for an 80-unit single- 1 family residential neighborhood on 42.45 acres of developable land was approved by the City Council. The developer recently entered into a contract with an adjacent property owner in order to consolidate properties and is therefore asking to create an additional three lots and to provide additional open space on the property. The attributes are consistent with the land use policies of the suburban area part of the comprehensive plan which calls for maintaining low-residential density, the consolidation of parcels, open space areas which include preservation, mature tree stands and well configured tract of land that enables the safe coordinated and attractively designed development plan. As well, a preliminary drainage study has been done outlining the proposed storm water strategy for the modified development, the DSC is confident that the submitted strategy has a potential to successfully comply with storm water regulations. This site is located within the 65-70 db DNL AICUZ Subarea Two, the city navy joint review process reviewed the proposal and has found it keeping with density in the area. Staff recommends approval, planning commission puts it on the consent agenda. AYE 8 NAY 0 ABS 1 ABSENT 2 HODGSON AYE HORSLEY ABSENT INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL ABSENT WEINER ABS PROFFERS Proffer 1: When the Property is developed, it shall be as a residential subdivision of single family homes, substantially in accordance with the Plan designated "Plan of Princess Anne Meadows", dated September 22, 2015 and revised August 2, 2018 prepared by Kotarides Developers, which has 2 been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Plan"). Proffer 2: When the Property is developed, the primary vehicular Ingress and Egress to the Property shall be from Princess Anne Road as depicted on the Plan. The Applicant shall include in each sales contract as well as part of the Homeowners Association Documents a Statement that the City of Virginia Beach shall close the primary vehicular Ingress and Egress to the Property, ceasing its use for that purpose, in the event that any roadway or public right-of-way located within the property is connected to any roadway located outside the Property limits, and such roadway provides a link to Princess Anne Road at its existing intersection with Tournament Drive. Such roadway may be either `London Bridge Ext South' as designated in the 2009 Master Transportation Plan or any other roadway meeting the same or greater construction standard than the roadways located on the Property. The City of Virginia Beach, Department of Public Works, Engineering, Specifications and Standards shall be used to determine if the construction standard is the same or greater. Proffer 3: When the Property is developed, it will be subdivided into no more than 83 single family residential building lots. When the Property is developed, the total number of single family dwellings permitted to be constructed on the property shall not exceed 83. Each two-story dwelling shall contain a minimum of 2,400 square feet of enclosed living area excluding garage and each one-story dwelling shall contain a minimum of 2,150 square feet of enclosed living area excluding garage. Every dwelling shall have a 2-car garage and off street parking for at least two vehicles. Proffer 4: When the Property is developed the areas shown on the Plan outside the 83 lots, rights-of-way to be dedicated to the Grantee, and reservation to the Grantee for future street purposes, are designated as Open Space areas. The Open Space areas shown on the Plan as "Forested Open Area" shall remain in their natural state and shall not be disturbed. The Open Space areas shown on the Plan shall be maintained by a Homeowner's Association to be established by the Grantor upon development of the Property. Membership in the Homeowners Association shall be mandatory. Proffer 5: When the Property is developed, street lights shall be a black colonial head mounted on a black pole at distances and heights to be determined during site plan review. Proffer 6: 3 The Applicant shall submit for review by the Director of Planning, during site plan review and prior to the application for building permits, the exterior elevations, architectural features and building materials for each of the home designs proposed for construction. The exterior building materials shall be a combination of architectural shingles, raised metal seam roof accents, Hardie Plank or similar fiber cement siding, or masonry, as depicted or substantially similar to the Exhibits entitled "Princess Anne Meadows Elevations", which are on file with the Virginia Beach Department of Planning. Proffer 7: Further conditions may be required by the Grantee during Subdivision Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Proffer 8: The above conditions, having been proffered by the Applicant 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 content, and if not so recorded, said instrument shall be void. Proffer 9: The Grantor covenants and agrees that: a. The Zoning Administration 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 (i) to order in writing that any non-compliance with such conditions be remedied and (ii) 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 proceedings. 4 b. 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. c. If aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the Zoning Ordinance, or this Agreement, the Grantor shall petition the governing body of Grantee for the review of such decision prior to instituting proceedings in court. d. The Zoning Map shall show by an appropriate symbol on the Map the existence of conditions attaching to the zoning of the Property on the map and that the ordinance and the conditions may be readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and indexed in the name of the Grantor and Grantee. 5 lw. 8@q ilimir A ) s CITY OF VIRGINIA BEACH r. INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-10121 DATE: October 9, 2018 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson SVD3 DEPT: City Attorney RE: Conditional Zoning Application; Princess Anne Meadows, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 16, 2018. I have reviewed the subject proffer agreement, dated August 8, 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 AGREEMENT THIS AGREEMENT made this 8th day of August, 2018, by and between PRINCESS ANNE MEADOWS LLC, a Virginia limited liability company ("Applicant"), grantor for purposes of indexing, and WILLIAM SNOWDEN and JAMES SNOWDEN ("Snowden"), grantor for purposes of indexing; Applicant and Snowden are collectively referred to herein as "Grantor", and the CITY OF VIRGINIA BEACH, a Municipal corporation of the Commonwealth of Virginia, hereinafter called "Grantee" for purposes of indexing. RECITALS: R-I. Applicant is the record fee simple owner of the property located in the Princess Anne District, City of Virginia Beach and described as Parcels 1 through 10, inclusive, on the attached Exhibit A (the "Applicant Property"). Snowden is the record fee simple owner of the property located in the Princess Anne District, City of Virginia Beach and described as Parcel I 1 on the attached Exhibit A (the "Snowden Property"). The Snowden Property and the Applicant Property are collectively referred to herein as the "Property". R-2. The Applicant previously initiated a conditional amendment to the zoning map of the City of Virginia Beach, Virginia, by petition of the Applicant addressed to the Grantee, so as to change the zoning classification of the Applicant Property from AG-I Agricultural to Conditional R-10 Residential District. The conditional amendment is evidenced by, among other things, that certain Proffer Agreement ("Proffer Agreement") dated October 20, 2015 and recorded in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia as Instrument Number 20160108000019260. Applicant has initiated a modification to the Proffer Agreement. The proposed modification is made pursuant to the terms of the zoning ordinance of the City of Virginia Beach, Virginia, adopted April 18, 1988, as amended and as in effect as of the date of this Agreement (the "Zoning Ordinance"). R-3. Snowden has entered into a contract to sell to Applicant the Snowden Property. Applicant has initiated a conditional amendment to the zoning map of the City of Virginia Beach, Virginia by petition addressed to the Grantee so as to change the zoning classification of the Snowden Property from AG-1 Agricultural District to conditional R-10 Residential District. The proposed amendment is made pursuant to the terms of the Zoning Ordinance. R-4. The Grantee's policy is to provide only for the orderly development of land, for various purposes, including residential purposes, through zoning and other land development legislation. Prepared by Harry R.Purkey,Jr.,P.C. 303 34th Street,Suite 5 Virginia Beach,VA 23451 GPINs: See Attached R-5. The Applicant acknowledges that competing and sometimes incompatible uses conflict and that in order to permit different uses on and in the area of the Property and at the same time to recognize the effect of the changes, and the need for various types of uses, including those listed above, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned R-I0 are needed to cope with the situation which the Applicant's rezoning application gives rise to. R-6. The Applicant has voluntarily offered, in writing, in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the zoning map with respect to the Property, in addition to the regulations provided for in the existing R-10 zoning district by the Zoning Ordinance, the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as part of said amendment to the zoning map relative and applicable to the Property, which have a reasonable relation to the rezoning and the need for which it is generated by the rezoning. R-7. The conditions outlined in this Agreement have been proffered by the Applicant and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance and the zoning map. These conditions shall continue in full force and effect until subsequent amendment changes the zoning of the Property; however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance of the Grantee, unless, notwithstanding the foregoing, the conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the Property at the time of recordation of such instruments; provided further that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. WITNESSETH: NOW, THEREFORE, the Applicant, for themselves, their successors, personal representatives, assigns, grantees and other successors in title and interest, voluntarily without requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Applicant and Snowden, their successors, personal representatives, assigns, grantees and other successors in interest or title. When the Property is developed, it shall be as a residential subdivision of single family homes, substantially in accordance with the Plan designated "Plan of Princess Anne 2 Meadows", dated September 22, 2015 and revised August 2, 2018 prepared by Kotarides Developers, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(the "Plan"). 2. When the Property is developed, the primary vehicular Ingress and Egress to the Property shall be from Princess Anne Road as depicted on the Plan. The Applicant shall include in each sales contract as well as part of the Homeowners Association Documents a Statement that the City of Virginia Beach shall close the primary vehicular Ingress and Egress to the Property, ceasing its use for that purpose, in the event that any roadway or public right-of-way located within the property is connected to any roadway located outside the Property limits, and such roadway provides a link to Princess Anne Road at its existing intersection with Tournament Drive. Such roadway may be either `London Bridge Ext South' as designated in the 2009 Master Transportation Plan or any other roadway meeting the same or greater construction standard than the roadways located on the Property. The City of Virginia Beach, Department of Public Works, Engineering, Specifications and Standards shall be used to determine if the construction standard is the same or greater. 3. When the Property is developed, it will be subdivided into no more than 83 single family residential building lots. When the Property is developed, the total number of single family dwellings permitted to be constructed on the property shall not exceed 83. Each two-story dwelling shall contain a minimum of 2,400 square feet of enclosed living area excluding garage and each one-story dwelling shall contain a minimum of 2,150 square feet of enclosed living area excluding garage. Every dwelling shall have a 2-car garage and off street parking for at least two vehicles. 4. When the Property is developed the areas shown on the Plan outside the 83 lots, rights-of-way to be dedicated to the Grantee, and reservation to the Grantee for future street purposes, are designated as Open Space areas. The Open Space areas shown on the Plan as "Forested Open Area" shall remain in their natural state and shall not be disturbed. The Open Space areas shown on the Plan shall be maintained by a Homeowner's Association to be established by the Grantor upon development of the Property. Membership in the Homeowners Association shall be mandatory. 5. When the Property is developed, street lights shall be a black colonial head mounted on a black pole at distances and heights to be determined during site plan review. 6. The Applicant shall submit for review by the Director of Planning, during site plan review and prior to the application for building permits, the exterior elevations, architectural features and building materials for each of the home designs proposed for construction. The exterior building materials shall be a combination of architectural shingles, raised metal seam roof accents, Hardie Plank or similar fiber cement siding, or masonry, as depicted or substantially similar to the Exhibits entitled "Princess Anne Meadows Elevations", which are on file with the Virginia Beach Department of Planning. 3 7. Further conditions may be required by the Grantee during Subdivision Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 8. The above conditions, having been proffered by the Applicant 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 content, and if not so recorded, said instrument shall be void. 9. The Grantor covenants and agrees that: a. The Zoning Administration 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 (i) to order in writing that any non-compliance with such conditions be remedied and (ii) 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 proceedings. b. 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. c. If aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the Zoning Ordinance, or this Agreement, the Grantor shall petition the governing body of Grantee for the review of such decision prior to instituting proceedings in court. d. The Zoning Map shall show by an appropriate symbol on the Map the existence of conditions attaching to the zoning of the Property on the map and that the ordinance and the conditions may be readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and Grantee. 4 WITNESS the following signatures and seals: Princess Anne Meadows LLC a Virginia limit-• li. ,i '- c:mpany By: i Al (SE' ) P: ,yfri:es," anager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit; Lialli Lae S.INe- , a Notary Public in and for the City and State aforesaid, do hereby certify that Petro Kotarides, Manager of Princess Anne Meadows LLC, a Virginia limited liability company, has acknowledged the same before me in my City and State. p••uwuq lk- t' RPE•Sy,•.o GIVEN under my hand this 14 day of a X71" , 2018. ?:'•avP•• C( :• a ��i oKP oac.p ? (SEAL) 2 MV n:2 : :, COMMISSION 0• 7 Not Public % O NUMBER C: s ?i•. 213315 :_: boy,•.• .en() = IDH: �133tr e••.�;F",110;,�•p`� My Commission Expires: o!-lo+�{'/Q*•o3-y SIGNATURES AND NOTARIES CONTINUE ON THE FOLLOWING PAGE 5 941Alicovitemze,n (SEAL) William Snowden STATE OF VIRGINIA 'I CITY/COUNTY OF \IIt6&N�lit ' ,el , to-wit; I, -•�e J3/4) , a Notary Public in and for the City and State aforesaid,do hereby certify that William Snowden has acknowledged the same before me in my City and State. ,.�,��tI� ,, „puuuy GIVEN under my hand this )5'"day of Q.0 ,2018. SPE Sys'•., _ / s MY o • No ary ' blic n: COMMISSION NUMEER :Q: ���• 213315 � IDIi: a1,331 � �'y�0'• �R- : My Commission Expires: ,k 'Dia- ;r-- SIGNATURES ANI) NOTARIES CONTINUE ON THE FOLLOWING PAGE 6 1 es Snowden �OX�PLES RSG (SEAL) O; EXPIRES �z•O STATE OF 'The - . April 27,2019 :; = eu CITY/COUNTY OF K6NT , to-wit; %IP-`•or • - st- 9r- qRY#03#[.."# /7O 41DI I IPPS I, LOUIS Ci-at 141 2vgcj Lo J{ a Notary Public in and for the City and State aforesaid, do hereby certify that James Snowden has acknowledged the same before me in my City and State. GIVEN under my hand this 15 day of AxuSF , 2018. (SEAL) Notary Public ID#: My Commission Expires: AV t 2120 I\HrpJIpc-sbs\shared cQMPANY DOCUMENTS\Development Documents;Proffer Agreement - Princess Anne Meadows LLC & Snowden SA 0.18.doc 7 GPINs: 1494-47-0310 1494-46-1695 1494-47-1877 1494-46-4666 1494-47-5502 1494-47-5847 1494-47-9615 1494-48-1279 1494-48-2492 1494-48-5388 1494-48-3050 A Portion Of 1485-84-1210 8 EXHIBIT "A" PARCEL I: ALL THAT certain tract, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in Princess Anne Borough, in the City of Virginia Beach, Virginia, lying on both sides of"the five mile stretch" of Princess Anne Road between Princess Anne Courthouse and North Land Town Road, and known, numbered and designated as "30 Acres" on a plat of survey entitled "Survey for Mrs. John T. Brown of 30 Acres of Land Near Land 's Station, Princess Anne County, Va., etc.", dated March 15, 1922, made by E.E. Burroughs, Surveyor, which is duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 6, at page 243; SAVE and EXCEPT, however, the following portions thereof. (a) That portion of land lying within the right of way of Princess Anne Road as set forth in Deed Book 149, at page 332 of the aforesaid Clerk 's Office and any widenings of the right of way of Princess Anne Road since the date set forth in said Deed Book 149, at page 332; and (b) ALL THAT that certain tract, piece and parcel of land lying south of Princess Anne Road shown on a survey entitled "Physical Survey of 8.124 acres site located on the south side of Princess Anne Road, being part of property entitled Survey for Mrs. John T. Brown, 30 Acres of land near Land 's Station, Princess Anne County, Virginia, for Michael G. Jordaneau, Scale I "= 100'- June 17, 1977, surveyed by Wilfred P. Large, C.L.S., Norfolk, Virginia; " and (c) All that certain tract, piece and parcel of land as shown on the aforesaid physical survey by Wilfred P. Large, also located on the south side of Princess Anne Road, which tract lies adjacent to the 8.124 acres tract aforementioned and is shown on the said physical survey as "now or formerly S. Montgomery, et als, Deed Book 1118, at page 313, for recorded plat." Said tract fronts 150 feet on the south side of Princess Anne Road and runs back between parallel lines to unequal distances, but in excess of 300 feet. PARCEL 2 ALL THAT certain piece or parcel of land, situate in the City of Virginia Beach, Virginia (formerly Princess Anne, Virginia), and designated as 1.1563 Ac on "Survey of Property to be conveyed by Lawrence A. Riddick to Vincent W. Conduff and Lee S. Conduit," and being more particularly bounded and described as follows; to-wit: BEGINNING at a pin in the southwestern line of the Norfolk-Southern Right of Way, which pin is also in the dividing line between property herein conveyed, and property of Thelma B. and Margaret G. Williams, and from said point of beginning thence S 21° 44' 20" W 54.48 feet to a point; thence along a center line of a ditch N 57° 53' W345.32 feet on a pin; thence along the centerline of a ditch N 7° 24' 30" E 251.33 feet to a pin in the southwestern line of the Norfolk- Southern Railroad Right of Way; thence along said right of way S 36° 15' E 473.95 feet to the point of beginning. 9 LESS AND EXCEPT that portion of property conveyed to the Commonwealth Transportation Commissioner of Virginia by Certificate of Take recorded September 15, 2008 in Instrument Number 20080915001090030 for highway purposes for Route 165 known as Princess Anne Road. (GPIN Nos. 1494-46-1695 and 1494-47-0310). PARCEL 3: ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known and designated as Tract "F 6.1 Ac." on that certain plat entitled, "Property of J. T. Brown Estate, Located near PRINCESS ANNE COURT HOUSE - P.A. CO., VA.", which plat is dated May 13, 1949, and was made by W. B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, wherein Ruth B. Forbes, widow, et als, were Plaintiffs and Benjamin Russell, et als, were Defendants; reference to said plat being hereby made for a more particular location and description of the aforesaid property. LESS AND EXCEPT that portion of property conveyed to the Commonwealth 'Transportation Commissioner of Virginia by Certificate of Take recorded in Instrument Number 20080505000514680 and Final Order recorded in Instrument Number 20090708000780930, for highway purposes for Route 165 known as Princess Anne Road. (GPIN No. 1494-46-4666) PARCEL 4: ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known and designated as Tract "GI 2.0 Ac." on that certain plat entitled, "Property of J. T. Brown Estate, Located near PRINCESS ANNE COURT HOUSE - PA. CO., VA.", which plat is dated May 13, 1949, and was made by W. B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of at the Circuit Court of the City of Virginia Beach, Virginia, wherein Ruth B. Forbes, widow, et als, were Plaintiffs and Benjamin Russell, et als, were Defendants; reference to said plat and being more particularly described as follows, to-wit: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF AN UNNAMED 20' R/W WITH THE CENTERLINE OF THE 66' N & S R.R. R/W AS SHOWN ON PLAT ENTITLED "PROPERTY OF J.T. BROWN ESTATE. LOCATED NEAR P.A. COURT HOUSE - PRINCESS ANNE CO., VA"", DATED MAY 13, 1949, PREPARED BY W.B. GALLUP, COUNTY SURVEYOR, AND WHICH PLAT IS DULY OF RECORD IN THAT CERTAIN ENDED CHANCERY FILE NUMBER 1810 IN TILE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, WHEREIN RUTH B. FORBES, WIDOW, ET ELS, WERE PLAINTIFFS & BENJAMIN RUSSELL, ET ALS, WERE DEPENDENTS, THENCE PROCEEDING ALONG THE CENTERLINE OF SAID 20'R/W, S 08° 21'00" W, 47.00' TO THE TRUE POINT OF BEGINNING SAID POINT ALSO BEING LOCATED ON THE SOUTHERN R/W OF THE 66' N & S R.R. R/W, THENCE PROCEEDING ALONG THE SOUTHERN R/W OF THE 66'N & S R.R. R/W, S 36° 15'00"E, 10 14.24' TO A POINT ON THE EASTERN R/W OF SAID 20' R/W, THENCE TURNING AND PROCEEDING ALONG THE EASTERN R/W LINE OF SAID 20'R/W, S 08° 21'00" W, 220.66' TO A POINT AT THE SOUTHERN TERMINUS OF SAID 20' R/W, THENCE TURNING AND PROCEEDING ALONG THE SOUTHERN TERMINUS OF SAID 20' R/W, N 81°39'00" W, 20.00' TO POINT ON THE WESTERN R/W LINE OF SAID 20' R/W, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF LOT GI, THENCE PROCEEDING ALONG THE SOUTHERN PROPERTY LINE OF GI, N 81° 39'00" W, 252.72' TO A POINT AT THE SOUTHWEST CORNER OF LOT GI, THENCE TURNING AND PROCEEDING ALONG THE WESTERN PROPERTY LINE OF LOT GI, THE FOLLOWING COURSES AND DISTANCES: N 08° 26'00"E, 237.38'TO A POINT, THENCE N 21° 44'00"E, 214.88' TO A POINT AT THE NORTHWEST CORNER OF LOT GI, SAID POINT ALSO BEING ON THE SOUTHERN R/W LINE OF THE 66' N & S R.R. R/W, THENCE TURNING AND PROCEEDING ALONG THE NORTHERN PROPERTY LINE OF LOT GI, SAID LINE ALSO BEING THE SOUTHERN R/W LINE OF THE 66'N & S R.R. R/W, S 36° 15'00"E, 288.59' TO A POINT AT THE NORTHEAST CORNER OF LOT GI, SAID POINT ALSO BEING ON THE WESTERN R/W OF SAID 20'R/W, THENCE CONTINUING S 36° 15'00"E, 14.24' TO A POINT ON THE CENTERLINE OF THE SAID 20' R/W, SAID POINT BEING THE TRUE POINT OF BEGINNING. AREA OF LOT GI AND ADJOINING 20' UNNAMED R/W DESCRIBED HEREIN BEING 91,303.9 S.F./2.10 ACRES. TOGETHER WITH all right title and interest in and to the 20' right-of-way shown on the aforesaid plat including without limitation all rights and privileges of the Grantor for ingress and egress to a publicly dedicated street over property of the Grantee. PARCELS: BEGINNING AT THE INTERSECTION OF THE PROLONGATION OF THE SOUTHERN R/W LINE OF PLEASANT ACRES DRIVE WITH THE PROLONGATION OF THE WESTERN R/W LINE OF PLEASANT LAKE DRIVE AS SHOWN ON PLAT ENTITLED SUBDIVISION OF CFIRISTOPHER FARMS, PHASE 3, SECTION 2, DATED JUNE 30, 1995, PREPARED BY THE TAF GROUP, AND RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH IN MAP BOOK 249 PAGE 60; THENCE PROCEEDING ALONG THE WESTERN R/W LINE OF PLEASANT LAKE DRIVE, S 45° 26' 13" W, 125.00' TO A POINT AT THE INTERSECTION OF THE WESTERN R/W LINE OF PLEASANT LAKE DRIVE AND THE NORTHERN PROPERTY LINE OF PROPERTY OF VIRGINIA ELECTRIC & POWER COMPANY; THENCE TURNING AND P PROCEEDING ALONG SAID NORTHERN PROPERTY LINE, N 44° 33' 47" W, 1328.73' TO THE TRUE POINT OF BEGINNING; THENCE LEAVING THE NORTHERN PROPERTY LINE OF PROPERTY OF VIRGINIA ELECTRIC & POWER COMPANY AND PROCEEDING, S 45° 26' 13" W, 66.00' TO A POINT ON TILE SOUTHERN PROPERTY LINE OF PROPERTY OF VIRGINIA ELECTRIC & POWER COMPANY; THENCE TURNING AND PROCEEDING ALONG SAID SOUTHERN PROPERTY LINE, N 44° 33' 47" W, 55.00' TO A POINT; THENCE TURNING AND PROCEEDING, N 45°.26' 13" E, 66.00' TO A POINT ON THE NORTHERN PROPERTY LINE OF PROPERTY OF VIRGINIA ELECTRIC & POWER COMPANY; THENCE TURNING AND PROCEEDING ALONG SAID NORTHERN PROPERTY LINE, S 44° 33' 47" E, 55.00' TO THE TRUE POINT OF BEGINNING. PARCEL HEREIN DESCRIBED BEING 3,630.00 SQUARE FEET/0.0833 ACRES IN SIZE, MORE OR LESS, AND BEING MORE PARTICULARLY SHOWN ON A PLAT PREPARED FOR VIRGINIA ELECTRIC & POWER COMPANY BY GALLUP SURVEYORS & ENGINEERS, LTD., DATED JUNE 4, 2014 ATTACHED TO DEED RECORDED AS INSTRUMENT NO. 20141112001073230. PARCEL 6: ALL THOSE certain tracts, pieces or parcels of land, with the buildings and improvements thereon, situate, lying and being in the Princess Anne Borough of the City of Virginia Beach, Virginia, and being more particularly designated and described as 'Tract G-2 1.3 Ac." and "Tract G-3 4.7 Ac.", as shown on that certain plat entitled, "Property of J.T. Brown Estate, Located near P.A. COURT HOUSE-PRINCESS ANNE CO, VA", which said plat is dated May 13, 1949, and was made by W.B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia wherein Ruth B. Forbes, widow, et als, were Plaintiffs, and Benjamin Russell, et als, were Defendants, reference to said plat and being more particularly described as follows, to-wit: Metes & bounds description of Lot G2 with the Western half of the adjoining unnamed 20' RJW as follows, to-wit: BEGINNING at the intersection of the centerline of an unnamed 20 R/W with the centerline of the 66' N&S R.R. R/W as shown on plat entitled "property of J.T. Brown Estate, located near P.A. COURT HOUSE-PRINCESS ANNE CO., VA." dated May 13, 1949, prepared by W.B. Gallup, County Surveyor, and which plat is duly of record in that certain ended chancery file number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, wherein Ruth B. Forbes, widow, et els, were plaintiffs & Benjamin Russell et als, were. defendants, thence proceeding along the centerline of said 20 R!W, N 06° 41' 00" E, 48.45' to the true point of beginning said point also being located on the Northern RJW line of the 66 N&S R.R. RJW, thence proceeding along the Northern R/W line of the 66 N&S R/W, N 36° 15' 00" W, 14.68'to a point on the Western RJW line of said 20' R/W, said point also being at the Southeast corner of Lot G2, thence proceeding along the Southern property line of Lot G2, said property line also being the Northern R/W of the 66 N&S R.R. R/W, N 36° 15' 00" W, 260.48' to a point at the Southwest corner of Lot G2, thence turning and proceeding along the Western property line of Lot G2, N 21° 44' 00" E, 297.38' to a point at the Northwest corner of Lot G2, said point also being on the Southern R/W line of said 20' RJW, thence turning and proceeding along the Northern property line of Lot G2, said property line also being the Southern R/W line of said 20 RJW, S 69° 38' 00" E, 103.14' to a point at the Northeast comer of Lot G2, said point also being on the Western RJW line of said 20 RJW, thence continuing S 69° 38' 00" E, of said 20' RJW, S 06° 41' 00" W, 461.81' to a point on the Northern R/W line of the 66' N&S R.R. RJW, said point being the true point of beginning. Area of Lot G2 and Western half of the adjoining unnamed 20' R.W herein described being 60, 138.2 S.F./1.38 acres. 12 Which parcel includes the adjoining one-half of the 20' right-of-way depicted on the aforesaid plat. PARCEL 7: ALL THAT certain tract, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the Princess Anne Borough of the City of Virginia Beach, Virginia, and being more particularly designated and described as "Tract D 2 7.5 Ac.", as shown on that certain plat entitled, "Property of J. T. Brown Estate, Located near P.A. COURT HOUSE- PRINCESS ANNE CO, VA.", which said plat is dated May 13, 1949, and was made by W.B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia wherein Ruth B. Forbes, widow, et als, were Plaintiffs, and Benjamin Russell, et als, were Defendants,reference to said plat and being more particularly described as follows, to-wit: BEGINNING at the intersection of the centerline of an unnamed 20 R/W with the centerline of the 66' N&S R.R. R/W as shown on plat entitled "Property of J.T. Brown Estate, located near P.A. COURT HOUSE-PRINCESS ANNE CO., VA.", dated May 13, 1949, prepared by W.B. Gallup, County Surveyor, and which plat is duly of record in that certain ended Chancery File Number 1810 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, wherein Ruth B. Forbes widow, et als, were Plaintiffs & Benjamin Russell, et als, were Defendants, thence proceeding along the centerline of said 20 R/W, N 06° 41' 00" E, 48.45' to the true beginning, thence proceeding along the centerline of said 20 R/W, N 06" 41' 00" E, 459.75' to a point, thence turning and proceeding, S 82° 05' 00" E, 13.45' to a point on the Eastern R/W line of said 20 R/W, said point also being the Northwest corner of Lot D2, thence continuing along the Northern property line of Lot D2 the following courses and distances: S 82° 05' 00" E, 294.85' to a point, thence S 80° 54' 00" E, 130.70' to a point at the northeast comer of Lot D2, thence turning and proceeding along the Eastern property line of Lot D2, S 03° 21' 00" W, 982.33' to a point at the Southeast corner of Lot D2, said point also being on the Northern R/W line of the 66 N&S R.R. R/W, thence turning and proceeding along the Southern property line of Lot D2, said Southern property line also being the Northern R/W line of the 66 N&S R.R. R/W, N 36° 15'00" W, 713.40 ' to a point at the Southwest corner of Lot D2, said point also being located on the Eastern R/W line of said 20 R/W, thence proceeding N. 36° 15' 00" W, 14.68' to a point on the centerline of said 20 R/W, said point being the true point of beginning. Area of Lot D2 and Eastern half of the adjoining unnamed 20' R/W herein described being 329, 236.1 S.F./7.56 acres. Which parcel includes the adjoining on-half of the 20' right-of-way depicted on the aforesaid plat. PARCEL 8: ALL THAT certain tract, piece or parcel of land, with the improvements thereon and the appurtenances [hereunto belonging, lying, situate and being in Princess Anne Borough, Virginia Beach, Virginia, and more particularly described as follows: 13 BEGINNING at a pin in the southeastern corner of the lot herein to be described, which pin is on the northern side of the 20-foot right of way leading from Holland Swamp Road, and from said pin running thence north 77 degrees, 53 minutes west 219.97 feet to a pin (which pin is 171.12 feet as measured along the northern side of the said 20-foot right of way from a pin to the eastern edge of the V.E.P.C.O. R/W); thence turning and running North 12 degrees, 07 minutes East 190 feet to a pin; thence North 22 degrees 45 minutes 30 seconds West 210.76 feet to a pin; thence North 17 degrees 29 minutes East 535 feet to a pin in a ditch between this property and the property of Sam Wilson; thence turning and running along the said Ditch South 15 degrees 11 minutes East 123.1 feet to a pin; thence turning and running along the South 24 degrees 18 minutes West along the centerline of a ditch 139.9 feet to a point; thence continuing along the said centerline of the ditch South 15 degrees 58 minutes West 200.3 feet to a point; thence continuing South 10 degrees 36 minutes West 141.0 feet to a point; thence South 14 degrees 31 minutes East 461.7 feet to a pin in the Northern side of the said 20-foot right of way, the point of beginning. PARCEL 9: ALL THAT certain piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, formerly known as Seaboard Magisterial District, Princess Anne County, Virginia, and designated as Parcel B containing 1.75 acres, more or less, on the Subdivision Bowen River as shown on the Plat of William C. Etheridge and Herman and Vemell Rodgers, duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 83 at Page 9, together with the building thereon. PARCEL 10: ALL THAT certain tract, place or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia and containing 2.6 acres and being more particularly bounded as follows, to wit: BEGINNING at a pin the Eastern side of the Right of Way of the Virginia Electric and Power Company Right of Way where that same intersects the Northern side of a 20-foot Right of Way leading from Holland Swamp Road, and from said pin running thence along the Eastern side of the said Virginia Electric and Power Company Right of Way North 36 degrees 08 minutes West 78.93 feet to a pin in the dividing line between this property and the property of Riddick; thence running along the dividing line between this property and the property of Riddick North 17 degrees 29 minutes East 850.5 feet to a pin in the dividing line between this property and the property Isaac Gould, the same being in the centerline of a ditch; thence turning and running along the centerline of said ditch South 75 degrees 11 minutes East 80 feet to a pin; thence turning and running South 17 degrees 29 minutes West 535.0 feet to a pin; thence turning and running South 22 degrees 45 minutes 30 seconds East 210.76 feet to a pin; then South 12 degrees 07 minutes West 190 feet to a pin in the Northern side of a 20-foot Right of Way; thence turning and running along the Northern side of the said 20-foot Right of Way North 77 degrees 53 minutes West 171.12 feet to a pin, the point of BEGINNING. 14 PARCEL 11: Beginning at a Point on the southeast corner of the aforementioned property and the northerly line of Virginia Electric and Power Company right of way; thence along the Virginia Electric and Power Company right of way North 44°33'41" West a distance of 445.17' to a point; thence South 86°06'43" East a distance of 383.31 to a point; thence South 13°31'45" West a distance of 299.50'to a point being the Point of Beginning. 15 { i Vol y I� , .�`Y S T e_ I am f� IIlie I \ 1 \ cE:2„.'17:----,1 / / iii CeIlIZIP rl / / 1 -i / ct. c__.--- X • , _,. r LI rts.„ ,� ,, „ „ , ,.., „ \ „,._____, \\\) II 1 L_____,--k , 0 ,. ..., N./ , .\ � _ II � ,\ '- 11► I r ..... \ 7°) .''\ \ , ../- - _, CI 7 ,.-, LLI \ S ----' "..-/ 44\\‘'. ///// Jar ri ` " - --- 1414& 1,, m o e 37-\ \\\ '-...'141.144".,iik 4 . \ 1 t 0 l'ilk il t \Al". . )1'. ;\\\ 1\11114 '1.11 I \ III , 1. III i II lif----L 'I .• .... .. -.- . . t II I I . rI pp 1 1 I. r tet'. I III I �; . I1 (Uisi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GRIER HAHN ENTERPRISES, INC. [Applicant] POOLE'S DOCKSIDE, LLC [Property Owner] Modification of Conditions to a Conditional Use Permit (Commercial Marina) for the property located at 3311 Shore Drive (GPINs 1489883682, 1489884699, 1489884455, 1489884670, 1489885516, 1489885487, 1489886304). COUNCIL DISTRICT— LYNNHAVEN. MEETING DATE: October 16, 2018 • Background: In April 1974, a Conditional Use Permit for a Marina was granted for this property. A Modification to the Conditional Use Permit is now requested to permit an expansion of the existing dock system and higher quality amenities for customers. The expansion consists of floating dock additions enabling customers to easily get on and off of their boats. These additions will also be beneficial to owners with larger boats who purchase fuel at the site. In addition to the dock system enhancements, a pump-out station to off-load sewage will be constructed on site pursuant to Virginia Department of Health requirements. The applicant has submitted the required Joint Permit Application, which is currently under review by the Virginia Marine Resources Commission, the Army Corps of Engineers, and the Department of Planning & Community Development. No wetlands will be impacted; therefore, no Wetlands Board review is required, and the improvements are exempt from the provisions of the Chesapeake Bay Preservation Area Ordinance. • Considerations: The property is located in the Shore Drive Corridor, which is an integral part of the Bayfront Community. The area is considered a resort neighborhood, not a resort destination, with commercial uses in support of the residents. Staff did receive one letter of concern regarding the potential for increased traffic and the limited amount of parking spaces on the site. As the capacity of the restaurant will not change, additional parking spaces are not required. In fact, expansion of the dock system will increase the amount of space for boats, so at least during warmer weather vehicular traffic may be reduced. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. Grier Hahn Enterprises, Inc. Page 2 of 2 • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. With the exception of any modifications required by any of these conditions or as a result of the Joint Permit Application approval, the additions and proposed changes to the marina shall be developed substantially in conformance with the exhibit entitled, "CONDITIONAL USE PERMIT EXHIBIT FOR DOCKSIDE RESTAURANT LOCATED AT 3311 SHORE DRIVE, VIRGINIA BEACH, VIRGINIA," prepared by Gallup Surveyors & Engineers, LTD., date March 15, 2018, as exhibited to City Council and is on file with the Department of Planning & Community Development. 2. The applicant shall obtain Joint Permit Application approval from the Department of Planning & Community Development prior to any construction. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. LSubmitting D- •a - ► a gency: Planning Department erL City Manage • i• , Applicant Grier Hahn Enterprises, Inc. Agenda Item Property Owner Poole's Dockside, LLC Public Hearing September 12, 20182 , �°i,,,.' City Council Election District Lynnhaven Virginia Beach Request Modification of Conditions(Commercial Marina) s 401 It \___„,..1 Staff Recommendation ..-- Approval . (v,.,,,n•ca' x Staff Planner W - 4 i� Marchelle Coleman .itippl z i, Love,Court . Location °as^"°'° 3311 Shore Drive GPINS 4.. „w,alJ.k 1489883682, 1489884699, 1489884455, _ 0:1194111F 1489884670, 1489885516, 1489885487, 1489886304will i li- ! r / Site Size 2.07 Acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Restaurant, marina / B-4 Mixed Use (Shore , ,'' ., -* Drive Corridor Overlay District) - " rill Surrounding Land Uses and Zoning Districts - �. _.r, .h • tt �, ; .r. North � Vim. 3 _ Shore Drive ,.r r '�,1- ,, Multi-family, senior housing / B-4 Mixed Use - ' e _;, ' ,,�". , (Shore Drive Corridor Overlay District) 1^ `• . .1.' South Lynnhaven River " * ! NalEast \ - Vista Circle ' Single-family dwelling / B-4 Mixed Use (Shore I� - Drive Corridor Overlay District) ��d`•.a. -:., West ,; , ... 41: Restaurant / B-4 Mixed Use (Shore Drive r til ' Corridor Overlay District) Grier Hahn Enterprises, Inc. Agenda Item 2 Page 1 Background and Summary of Proposal • In April 1974, a Conditional Use Permit for a Marina was granted on this property. A Modification to the Conditional Use Permit is requested in order to expand the existing dock system. The improvements to the marina include an 8 foot by 16 foot extension to an existing dock, a 12 foot by 37.4 foot fixed dock, two 12 foot by 12 foot boat lifts with piers, an 18 foot boat ramp, and a proposed floating dock. • The overall purpose of the additions and extensions of the dock system is to improve the site and provide higher quality amenities for customers. The applicant is proposing the floating dock additions to enable customers to easily get on and off of their boats. These additions will also be beneficial to owners with larger boats who purchase fuel at the site. At this time, piers are not leased to customers; however, the applicant does provide slip rentals to commercial watermen. • In addition to the dock system enhancements, a pump-out station will be constructed on site. Pursuant to Section 28.2-1205C of the Code of Virginia, the Virginia Department of Health requires that a pump-out station be installed for boaters to off-load sewage. The applicant submitted the plans for the pump-out station to the Virginia Department of Health and has obtained approval for the sanitary facility. • The applicant has also submitted the required Joint Permit Application, which is currently under review by the Virginia Marine Resources Commission, the Army Corps of Engineers, and the Department of Planning &Community Development Waterfront Office. Zoning History # Request 1 g-4 2 1 CUP(Housing for Seniors& Disabled Persons) Approved 06/16/2015 �A4,00.. 2 MOD Approved 07/08/2014 �� �� 61,—, CUP(Multi-Family Dwelling)Approved 12/07/2004 _. 3 CUP(Outdoor Recreation)Approved 07/10/2007 �` : r �� °c �� 1 r7:—. __ ,.-,,-,, 4 CUP(Parking Lot)Approved 04/27/2004 �- `l //// 5 STC Approved 10/10/2000 ,:ear' 6 STC Approved 05/08/1996 %.,.. �,_�-- 4.4 - 7 CUP(Motor VehicleRentals)Approved >� 08/09/1995 8 MOD Approved 02/08/1995 10 "-..„.,_- MOD Approved 06/14/1995 R-40 CUP(Outdoor Recreation)Approved 03/09/1994 9 CRZ(R-10 to Conditional B-4)Approved 06/08/1994 10 CUP(Commercial Marina)Approved 05/11/1994 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—FloodplainVariance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Grier Hahn Enterprises, Inc. Agenda Item 2 Page 2 Evaluation and Recommendation The proposed request for a Modification of Conditions to expand the existing docks; and to construct new docks, boat lifts and a ramp, in Staff's opinion, is acceptable. No wetlands will be impacted; therefore, no Wetlands Board approval is required, and the improvements are exempt from the provisions of the Chesapeake Bay Preservation Area Ordinance. A Joint Permit Application is currently under review for the proposed additions to the docks and for the new boat lifts, and will be subject to the City Council's approval of this request. Furthermore, Traffic Engineering Staff indicates that the additions to this existing docking system will not generate any additional traffic.Staff does not anticipate any increase in parking on site, as no additions to the restaurant are proposed. In Staff's opinion, the improvements to the marina will not adversely affect the surrounding properties. As such, Staff recommends approval of this request, subject to the conditions below. Recommended Conditions The conditions of the Conditional Use Permit fora Marina dated April 22, 1974 are hereby deleted and replaced with the following conditions: 1. With the exception of any modifications required by any of these conditions oras a result of the Joint Permit Application approval, the additions and proposed changes to the marina shall be developed substantially in conformance with the exhibit entitled, "CONDITIONAL USE PERMIT EXHIBIT FOR DOCKSIDE RESTAURANT LOCATED AT 3311 SHORE DRIVE, VIRGINIA BEACH, VIRGINIA," prepared by Gallup Surveyors & Engineers, LTD., date March 15, 2018, as exhibited to City Council and is on file with the Department of Planning & Community Development. 2. The applicant shall obtain Joint Permit Application approval from the Department of Planning & Community Development prior to any construction. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code,including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan identifies this site as being in Suburban Focus Area 1—Shore Drive Corridor. The Shore Drive Corridor is an integral part of the Bayfront Community, extending from North Independence Boulevard to First Landing State Park. While primarily a residential community, the corridor shares the responsibility of being one of Virginia Beach's primary east-west connectors, creating unique and sometimes problematic challenges. The area is considered a resort neighborhood and not a resort destination. The Shore Drive Corridor is primarily a residential neighborhood area with commercial uses to support the residents. Grier Hahn Enterprises, Inc. Agenda Item 2 Page 3 • Natural and Cultural Resources Impacts The site is located adjacent to the Lynnhaven River and is within the Chesapeake Bay watershed. As the proposed improvements to the marina are classified as"water dependent" under the provisions of the Chesapeake Bay Preservation Area Ordinance, review by the Chesapeake Bay Preservation Area Board is not required. There does not appear to be any significant cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 17,300 ADT 1(LOS 2 "C") Shore Drive 30,553 ADT 1 27,300ADT 1(LOS 2 "D") 31,700 ADT1 LOS 2"E") 6,200 ADT 1(LOS 2 "C") No Change Anticipated 3 Vista Circle No Data Available 9,900 ADT 1(LOS 2 "D") 11,100 ADT 1 (LOS 2 "E") 1AverageDailyTri ps 2 LOS=Level of Service 3 as defined by additions to existing commercial marina Master Transportation Plan(MTP) and Capital Improvement Program(CIP) Shore Drive in the vicinity of this application is considered a four-lane divided major urban arterial. The MTP proposes a six-lane facility within a 165 foot right-of-way. There is a roadway CIP project proposed for this area.The Shore Drive Corridor Improvements Phase III(CIP 2-117) project will improve vehicular and pedestrian traffic flow and safety in the roadway and intersections and will include a multi-use trail, a five-foot sidewalk, on-street bike lanes and enhanced lighting. The limits of the project begins at Vista Circle, near the eastern end of the Lesner Bridge, and extends eastward through the Great Neck Road intersection and terminates at Croix Drive. The project is currently under design with construction estimated to begin in the fall of 2018. Vista Circle in the vicinity of this application is considered a two-lane undivided local street. Currently, this segment of roadway is not designated on the MTP and it is not listed in the CIP to be upgraded. Public Utility Impacts Water The site currently connects to City water.The existing 1.5-inch meter may be used or upgraded to accommodate the proposed development. Sewer The site currently connects to City sanitary sewer. Grier Hahn Enterprises, Inc. Agenda Item 2 Page 4 , • Proposed Site Layout CoOo 0141A 404 ,1- t-!.-*.... >- ----, §1 M• ,---- C°Z 02 N -.I I.C.J gg''': ag '-', -:.:;... --4-.=, v /Pe 7., 7) I-. " -j* Ci(431 i' 1 c-2 --, •In , :. '--:-V?:,,.• co tri --(ek,°V t)4e'12° A 0 3 n ..';', 0 •<ti ,„\•:‘,... ..,...,,,,,,, r--cr) -0 ,,,q... a c2 ti'l, .6 c&. _, --I•.• w I .s ' •3 •./) "' A / , ' ' Z ••)r k,..* sZYbe_a rn in .7t ugoi.j 1::-, efi 6-- \6!it ... /1\. 4Z.4; . • . '' '/‘‘. • . . ,, .• c.." * - ' ri "," , . E g ...---"---. sW k ti) CC t.,, 5e : _....„....\, 1.- -'s ,--- LAL.1 6 E z z .. , .--, a-. _ ,..E i !!1 1V e:c L...c _...! .at, ..--' '' ,;. ..-- ---. gi . 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CO to . in ,c MIL- <TUI CD?- E.,,,z ---'=- - I >- NN. D ILI(-.)v)C° -- -- r •• 4111 —c- — . 0 0 ;:,2 0 .-y--./%"3.4 ,.. • ...j _j <- ce , t-- -t 1 i to L 1 0, ,, 0 P. •• '--_ -0 ..; ., .400 I ... I 9 ,,--- i'...r(I , '-, , cz.n `g..i c,6, r / - --.44.4' z Y rn 0 0 0 ro ty II -c- el - • '.-' — • 0 : .!... ..s 0 5 I smem. - , , ,. , — • /k- P , N' Es z LI; ......tc. ,: 1.-- 4 °CDC) 48. D ,:. . ------. 0 ...) , cc fa_ cp I1iti1.11InEWM:19°A " • a E (..) a c..) ' • 54.47' , ZS g" li:31e — g : ._ -00 (/) ' X • ..' o, , ,,, ,CV c•I .14 . . .... V• -- co •;185.87' trwg tf$1 S 51•54.40" W.._ V: t,t • ' 7 7 ,... Grier Hahn Enterprises, Inc. Agenda Item 2 Page 5 Site Photos i {r t ii ears _ R 'X _ . r 7 - 4• f " ,, f . • op • inn NNE 11111111-1- !! \p-fir s_- , ! . - siiiiimionsi ' '� or, ---- , ..... , , , 5 ,,,,. , . ..,,........,,, �1� i If, , i,„ I ,,, , ..1 ( _ i , ......4--- ._ , , .. . ' •,, 1 ilItilik li , 4*- • ` — I Grier Hahn Enterprises, Inc. Agenda Item 2 Page 6 Disclosure Statement \133 irgima licit(h APPLICANT'S NAME Grier Hahn Ent. Inc. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) _ _ Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit I 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 pr-- n(s) o APPLICANT NOTIFIED OF HEARING lr NO CHANGES AS OF DATE 9125/I Marchelle L. Coleman O REVISIONS SUBMITTED DATE Grier Hahn Enterprises, Inc. Agenda Item 2 Page 7 • Disclosure Statement Virginia Beach ElCheck 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:Grier Hahn Ent. Inc. If an LLC, list all member's names: Jason Feuerhahn Kevin Seldon If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes/ and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ▪ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ▪ Check here if the PROPERTY OWNER lS a corporation, partnership, firm, business, or other unincorporated organization. ,4ND THEN. complete the following. (A) List the Property Owner's name:Poole's Dockside LLC If an LLC, list the member's names:Elizabeth Hedlund, Suzanne Warner Page 2 of 7 Grier Hahn Enterprises, Inc. Agenda Item 2 Page 8 • Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act.Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or anv 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 Grier Hahn Enterprises, Inc. Agenda Item 2 Page 9 Disclosure Statement APPLICANT Virginia Beach YES NO , SERVICE PROVIDER (use additional sheets if needed) I n Accounting and/or preparer of I your tax return X n Architect/ Landscape Architect/ Dave Butler,Gallup V Land Planner Contract Purchaser(if other than IXthe Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ ix purchaser of the subject property (identify purchaser(s)and purchaser's service providers) nConstruction Contractors Flint Marine Const. r=� n Engineers /Surveyors/Agents Dave Butler,Gallup Financing (include current ❑ mortgage holders and lenders .. selected or being considered to provide financing for acquisition or construction of the property) ELegal Services Real Estate Brokers / Billy Garrington GPC F<1 n Agents/Realtors for current and anticipated future sales of the subject property - SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development Ucontingent 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 Grier Hahn Enterprises, Inc. Agenda Item 2 Page 10 Disclosure Statement V/3 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. _ _ ��Wih S ta[A. 74/P3//t APPLICAN 7URERINT NAMEDATE limammL X1. 4 ..• .• , a Page 5 of 7 Grier Hahn Enterprises, Inc. Agenda Item 2 Page 11 Disclosure Statement OWNER Virginia Beach I YES , f NO SERVICE f ( PROVIDER (useneeded)additional sheets if [ I I Accounting and/or preparer of I I your tax return ® Architect/ Landscape Architect / Dave Butler,Gallup 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) • riConstruction Contractors Flint Marine Const • II Engineers/Surveyors/Agents Dave Butler,Gallup 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 / Billy Garrington GPC 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 Grier Hahn Enterprises, Inc. Agenda Item 2 Page 12 , 9 Disclosure Statement \43 Virginia Reach CERTIFICATION: _ I certify that all of the information contained in this Disclosure Statement Form is romplete,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 Applicatio7n.._ —<IL�T�✓�- I fA / OPER OWNER'S SIGNATURE PRINT NAME DATE Pane /of Grier Hahn Enterprises, Inc. Agenda Item 2 Page 13 Item#2 Grier Han Enterprises, Inc. Modification of Conditions (Commercial Marina) 3311 Shore Drive District-Lynnhaven September 12, 2018 CONSENT Ms. Oliver: Thank you. The next matter is agenda item number two and this is an application for Modification of Conditions for a Commercial Marina on property located at 3311 on Shore Drive in the Lynnhaven District. Is there representative for this application? Mr. Garrington: Thank you Ms. Oliver and members of the Planning Commission. For the record, Billy Garrington on behalf of the applicant, Grier Hahn Industries, which as you know is the Dockside restaurant on Shore Drive. There are two conditions in the staff write out. We are in total agreement with those conditions and we thank you very much for placing this on consent agenda and for the staff working with us on this. We think it's going to be a good improvement to this property on Shore Drive. Ms. Oliver: Thank you. Is there any opposition to this matter being placed on the consent agenda, hearing none, the Chairman has asked Commissioner Redmond to read that into the record? Mr. Redmond: Thank you Ms. Oliver. This is an application of Grier Hahn Enterprises, Inc. for a Modification of Conditions. It's a very simple application. The intent is to modify, re-build, and expand the existing dock on this portion of the water way adjacent to their restaurant. For anybody who is familiar with this part of the City, it is genuinely a crown jewel. The restaurants there and the atmosphere and the environment are just terrific and this will be a very positive and welcomed addition to the neighborhood. The Planning Commission is unaware of any opposition today to the application and so we have placed it upon our consent agenda,thank you. 1 AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY ABSENT INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL ABSENT WEINER AYE CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of the Joint Permit Application approval, the additions and proposed changes to the marina shall be developed substantially in conformance with the exhibit entitled, "CONDITIONAL USE PERMIT EXHIBIT FOR DOCKSIDE RESTAURANT LOCATED AT 3311 SHORE DRIVE, VIRGINIA BEACH, VIRGINIA," prepared by Gallup Surveyors & Engineers, LTD., date March 15, 2018, as exhibited to City Council and is on file with the Department of Planning & Community Development. 2. The applicant shall obtain Joint Permit Application approval from the Department of Planning &Community Development prior to any construction. 2 _ • -,.... NNIJ,.")./740,s .4 • /4 a,,' ::, ." _.., mi.,--,..,/ . , _ ... b i /4% 'N-'---,, „, . kszi, / , iwo--.4* . , girf n h 1 11 Innri 11 41%-. ''--.. -. *4 •1 e ii / ' SA• '.-- k__ 1---A- 1‘.4.. 44--t ' " V: Pk* ' -itt. At* 4fr .41„----x-evle, ** _ i .* 0 -griV 41-7T"if - NM MEW V" 441 1 row 444•. :AA% 4.----*it! , Ab.i. * cci UM II ci imams 1 riampia - •i 111, • TAir"-- • • mom maim Mt 1 IIIMP .4 1 . Ito/ 44,4* csj/ ii,,,e,„„ip ..-Vbk 1 mariLml ' nFal a i lihiIIIJiItj I ? #analRIME+ Mr..*':- / 111mims t llie1* '►�.:, .#1l��: ' :moi,, wanium �, /40,411114PV • aim ��#r.,�� r11'11s� 11111/1 � /1'. CQ ir :i -, 711111#11I PUNE wfrill"2"'"11V7 111 11111111 e , 17 terrik------7 .. ,,, ..., T -k3 -----li t'f' U [:;:J 1 . E:i 6T" a 3 E . N m ./' '''" t 0 "j :'1 1 lr J ` .b1 ( Al&111111CO CO7.‘110k,/ � ��k i __,1.,ip,' N r (Cal - ,r l fr 4 J IWO Iw N -�.�_ `�--.rte ...1-1„PnirFhi ,,,) i ______-_,Nymit _i ,y p,„,,,,,,„„, ,,„, rrr! r Q c:j °, . . ,/aissys....2 ,, DP f o Q L ,r--7 ii' 1 I rr Cl / u- o f rr'- -_______ r / r� .. CO� /1 f1r ir,.. -,�t 17 tj ff ro � CITY OF VIRGINIA BEACH AGENDA ITEM: CRESPO ENTERPRISES, INC. D/B/A ROADRUNNER TOWING & AC ENTERPRISES, INC. D/B/A LOGAN'S TOWING [Applicant] 5312 VIRGINIA BEACH BOULEVARD, LLC [Property Owner] Conditional Use Permit (Bulk Storage Yard) for the property located at 5312 Virginia Beach Boulevard (GPIN 1467676257). COUNCIL DISTRICT— KEMPSVILLE. MEETING DATE: October 16, 2018 • Background: The northernmost 10,000 square feet of the subject property was used by a former tenant as a Bulk Storage Yard for at least a decade under the name "Bare Recover and Kar Towing." That towing business was operating without a Conditional Use Permit when the current property owner purchased the site in 2017 and that lease was terminated. Subsequently, the applicant entered into a lease for office space and the tow yard with the new property owner. Neither the applicant nor the property owner were aware of the need for a Conditional Use Permit for a Bulk Storage Yard in order to store towed vehicles on the site. This is an "after-the-fact" application to correct this oversight. The applicant tows for the City Police Department, therefore, the tow yard will be 24 hour, seven days a week operation. The applicant is seeking a deviation to the required Category VI screening (a solid six-foot tall fence with evergreen shrubs) surrounding the Bulk Storage Yard. Currently, the storage yard is enclosed with a six-foot tall chain link fence with barbed wire along the top. The applicant intends to replace a portion of the fence along the western property line, adjacent to Haynes Furniture Store, to match the existing solid fence along that property line. The information provided by the applicant indicated the desire to keep the existing chain link fence along the northern, eastern and southern property line. • Considerations: Properties fronting Virginia Beach Boulevard in this part of Virginia Beach are typically commercial and service uses. As the proposed storage area is adjacent to properties zoned for multi-family residential development, the proposed recommended conditions are crafted to address the appearance of the tow yard, limit the noise associated with the use, and provide screening of the area from the residential properties to the north and east. The Planning Commission modified recommended Condition 1. a. below, as indicated by underlined text, that would not require the installation of the Category VI screening until those adjacent residential parcels are developed. Further details pertaining to the request, as well Crespo Enterprises, Inc. & AC Enterprises, Inc. Page 2 of 2 as Staffs evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. Screening and buffering shall be addressed as follows, and as depicted on the exhibit entitled "Staff Recommended Site Layout." a. When the property to the north and/or east are developed, the required Category VI landscape screening shall be installed on the northern and eastern sides of the Bulk Storage Yard, as depicted on the exhibit entitled "Staff Recommended Site Layout." b. A six-foot tall solid fence shall be installed along the western boundary line. c. A chain link fence shall be permitted along the southern boundary of the Bulk Storage Yard. 2. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any new outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 3. Activities that will result in vehicle alarms or other noise disturbances shall be limited to the hours of 7:00 a.m. to 10:00 p.m. 4. Any vehicle towed to the storage yard shall be operable, with the exception of wrecked vehicles towed to the site. A determination of operability of a wrecked vehicle shall be made within five (5) business days of arrival at the site. No wrecked vehicle shall remain on the site for more than five (5) business days. 5. The use of the Bulk Storage Yard is limited to the storage of vehicles only. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departm- • .gency: Planning Department .,, • .v-tAAL-g-eyd City Manager: Applicant Crespo Enterprises, Inc. d/b/a Roadrunner Towing Agenda Item & AC Enterprises, Inc. d/b/a Logan's Towing Property Owner 5312 Virginia Beach Boulevard, LLC tr.;e.1 Public Hearing September 12, 2018 Virginia BeachCity Council Election District Kempsville Request / �' �� VJ/9 Conditional Use Permit (Bulk Storage Yard) � \-N4.4411 l 40.+ a•,M , f 14+► A. Staff Recommendation ,,., r •�lit,410 Approval g7 q/'/0...„ Staff Planner so k Jonathan Sanders „,,, •••, • Y ip, A te, Location `,"~^ T 5312 Virginia Beach Boulevard . I < .'.,n. k..« GPIN , 3 ` 8greed+n« 1467676257 ` I Site Size ay,41/4,J4 ...j 1.54 Acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Mixed commercial/ B-2 Community Business , 'Y ' < �'r .. Surrounding Land Uses and Zoning Districtsftwolip ;y; . ' � �: North i' e. !-- �. r •• . Wooded lot/A-12 Apartment •,•,/ ittf`ti; '� �' South >., =• r Virginia Beach Boulevard "' ' ? -. Auto sales/ B-2 Community Business �,• ' T 4 :'t .. ,'D ' .. s� East ., f ` x , Furniture store,vacant lot/ B-2 Community —.1",i,ftw Business, A-12 Apartment 1 " ter• _ _ . West , t, .,�,.t" r' R'' .� xr.,; Furniture store/ B-2 Community Business - or, . No. N Crespo Enterprises, Inc. d/b/a Roadrunner Towing&AC Enterprises, Inc. d/b/a Logan's Towing Agenda Item 1 Page 1 Background and Summary of Proposal • The northernmost 10,000 square feet of the subject property was used by a former tenant as a Bulk Storage Yard for at least a decade under the name "Bare Recover and Kar Towing." That towing business was operating without a Conditional Use Permit when the current property owner purchased the site in 2017 and that lease was terminated. • Subsequently, the applicant, Crespo Enterprises, Inc. & AC Enterprises, Inc., entered into a lease for office space and the tow yard with the new property owner. Neither the applicant nor the property owner were aware of the need for a Conditional Use Permit for a Bulk Storage Yard in order to store towed vehicles on the site. This is an "after-the-fact" application to correct this oversight. • The applicant tows for the City Police Department, therefore, the tow yard will be 24 hours a day, seven days a week. • The applicant is seeking a deviation to the required Category VI screening (a solid six-foot tall fence with evergreen shrubs) surrounding the Bulk Storage Yard. The rear yard of the property is enclosed with a six-foot tall chain link fence with barbed wire along the top. The applicant intends to replace a portion of the fence along the western property line, adjacent to Haynes Furniture Store,to match the existing solid fence along that property line. Zoning History # Request 1 CUP Approved 07/14/1986 2 CRZ (A-12 to Conditional B-2)Approved 02/27/2001 3 CRZ(A-12 & B-2 to Conditional B-2)Approved A-,s ,, L 01/20/2015 --4' t - i1 CUP(Auto Sales&Service)Approved 01/20/2015 I-, �`` CUP(Motor Vehicle Rentals)Approved 09/25/2007 1 • a 4 4 CRZ(A 12 & B 2 to Conditional B 2)Approved A-12 1 I 17,12r, iti01/20/2015 12 CUP(Motor Vehicle Sales)Approved 07/05/2005 8-2 A / 5 CUP(Motor Vehicle Rentals)Approved 02/24/1998 1 W'�na�a reo.o !!1 6 CUP(School)Approved 10/29/2002 • t 7 MOD Approved 11/18/2014 B-2 • r3 1 a CUP(Car Wash)Approved 09/13/2011 ,�/-. I - 6°6go -- d MOD Approved 11/18/2006 ! b Y t,7 ` w,�`,, MOD Approved 10/24/2006 '� CRZ (R-7.5 to Conditional B-2)Approved 03/08/2005 Li, ' B7 CUP(Automobile Rentals)Approved 05/28/2002 CUP(Motor Vehicle Sales)Approved 10/23/2001 CRZ (R-7.5 to Conditional B-2)Approved 10/23/2001 CUP(Motor Vehicle Sales)Approved 10/10/2000 REZ (R-7.5 to B-2)Approved 12/06/1994 CUP(Motor Vehicle Sales, Rentals& Repair)Approved 12/06/1994 CUP(Parking and Storage)Approved 05/25/1993 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 Crespo Enterprises, Inc. d/b/a Roadrunner Towing&AC Enterprises, Inc. d/b/a Logan's Towing Agenda Item 1 Page 2 Evaluation and Recommendation In Staff's view,the request for a Conditional Use Permit for a Bulk Storage Yard is acceptable. Properties fronting Virginia Beach Boulevard in this part of Virginia Beach are typically commercial and service uses. This part of the Virginia Beach Boulevard corridor is no exception.As the proposed storage area will be adjacent to existing and potentially future residential uses,the proposed recommended conditions are crafted to address the appearance of the tow yard, limit the noise associated with the use, and provide screening of the area from adjacent residentially-zoned properties to the north and east. The existing Bulk Storage Yard is surrounded by a six-foot tall chain link fence. Section 228 of the Zoning Ordinance requires that a Bulk Storage Yard be entirely screened with Category VI landscaping, which includes a solid fence, not less than six feet in height,with plants along the exterior of the fence. The applicant is requesting that this deficiency be addressed through the provisions of Section 221 (i)of the Zoning Ordinance, which allows City Council to grant deviations from required landscaping if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." Staff concludes that a deviation, in this requirement along the western boundary with the proposed six-foot solid fence, as conditioned, and along the southern portion of the Bulk Storage Yard,which is partially screened by the existing building and only visible to the other businesses on site, will not adversely impact those businesses. However,as the properties to the north and east are zoned A-12 Apartment District, and most of the existing plant material is located off-site on adjacent parcels, it is Staffs opinion that a deviation not be granted along the northern and eastern sides of the proposed Bulk Storage Yard. Therefore,Staff recommends a condition to screen these sides of the Bulk Storage Yard with the required Category VI landscape screening. Based on these considerations, Staff recommends approval of the request subject to the conditions below. Recommended Conditions 1. Screening and buffering shall be addressed as follows,and as depicted on the exhibit entitled "Staff Recommended Site Layout." a. When the property to the north and/or east are developed, the required Category VI landscape screening shall be installed on the northern and eastern sides of the Bulk Storage Yard, as depicted on the exhibit entitled "Staff Recommended Site Layout." b. A six-foot tall solid fence shall be installed along the western boundary line. c. A chain link fence shall be permitted along the southern boundary of the Bulk Storage Yard. 2. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any new outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 3. Activities that will result in vehicle alarms or other noise disturbances shall be limited to the hours of 7:00 a.m. to 10:00 p.m. 4. Any vehicle towed to the storage yard shall be operable,with the exception of wrecked vehicles towed to the site. A determination of operability of a wrecked vehicle shall be made within five (5) business days of arrival at the site. No wrecked vehicle shall remain on the site for more than five (5)business days. 5. The use of the Bulk Storage Yard is limited to the storage of vehicles only. 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 Crespo Enterprises, Inc. d/b/a Roadrunner Towing&AC Enterprises, Inc. d/b/a Logan's Towing Agenda Item 1 Page 3 Center and Department of Planning/Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the Suburban Area, which is just north of the Pembroke Strategic Growth 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 features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 34'940 ADT'(LOS°"C") Existing Land Use 2-17 ADT Virginia Beach Boulevard 31,845 ADT 1 56,240 ADT 1(LOS°"D") Proposed Land Use 3-17 ADT 1 Average Daily Trips 2as defined by 1,750 square 3as defined by 1,750 square feet of °LOS=Level of Service feet of general office use general office use,as no ADTs are available for storage yards Public Utility Impacts Water &Sewer This site is currently connected to both City water and sanitary sewer services. Crespo Enterprises, Inc. d/b/a Roadrunner Towing&AC Enterprises, Inc. d/b/a Logan's Towing Agenda Item 1 Page 4 Staff Recommended Site Layout L. 4 "„, t North and east side: install Category VI ,h landscape screening cat,. 47 _ consisting of a solid West side: ,; ) 6-foot fence and 6- install a solid p feet of evergreen 6-foot fence Bulk shrubs surrounding on western Storage the fence property line Yard If , '` South side: Unit ( maintain n, I the existing chain link fence t 1 , NORTH 11 th1 • 't . - • I I.'illIf tj' reh i tt it • ” - --- H / 1111 , J - iI. _1 f/ '# 11i Crespo Enterprises, Inc. d/b/a Roadrunner Towing&AC Enterprises, Inc. d/b/a Logan's Towing Agenda Item 1 Page 5 Existing Fencing along Western Boundary 1 1 • 0• 411110111 ...-”......, .2...ii .-I ,_______. , ,__________.„...._ is I. F." , i ._ �r J. 001 - .. ...,........ ..,.....__ Crespo Enterprises, Inc. d/b/a Roadrunner Towing&AC Enterprises, Inc. d/b/a Logan's Towing Agenda Item 1 Page 6 Site Photos F n _._ , ilher, ' 4, • �y'' -` fi. /°' Sl -[� -.. ; k , . • Zr K _ . I — ,", ti a �- _ `. r . i 5arbigr • '9[ ° td { 4 `t.a 4 X 07, F `} Airie4 abhp 1/11,1%! Will‘t:. "jr.....atr, :: _ - ',...4. :.. ,...-. F .:'..'•)i‘:....,,V ,,• , . ,,_.- -.4wor'-'4 -... 1;iiigriS"rTI:'4 . '1 4 le "' . ;'-4- <. I . .. -. ' isili _ r. ® l r .. w Crespo Enterprises, Inc. d/b/a Roadrunner Towing&AC Enterprises, Inc. d/b/a Logan's Towing Agenda Item 1 Page 7 Site Photos r lir Far- ---, '.,r, - latler,v •••. - , -ter~� _ • .. —� t i + Y a .r�/�-� ,fir /�1 -`• '`.v'- 4y� Y.j- :n Y. s. - ,J ,•. f� ` +racy.:. r T_!%!'y.L= .-v,-;=:*'*- m.r ' <34,,t,.v «e .• 'r�j �Y v 5 µr t. if _ i', N ....lit:-3 .4*- . ./F,iawwcmmrs.�rfw.-a,4,. . ..... _i,. ...._ y t ' •. kivr. S4.44. l•Te. • •„1#•414:i ' , ,'. .A. f4.41:,,Fv*Ii.,„? 40 7//tefill11;: ', 4 4 . ' or/ . iiir .44. 40411?7,. r f>, , ptc4 4row".. ��•� O i Crespo Enterprises, Inc. d/b/a Roadrunner Towing&AC Enterprises, Inc. d/b/a Logan's Towing Agenda Item 1 Page 8 Disclosure Statement APPLICANT'S NAME Crespo Enterprises, Inc.d/b/a Roadrunner Towing 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 Ir 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 Plannin Commission and Cit.Council meetin that,ertains to the a;,lication(s) 0 APPLICANT NOTIFIED OF HEARING DATE Ge NO CHANGES AS OF DATE I 0/3/1 $ JS Jonathan Sanders D REVISIONS SUBMITTED DATE. Crespo Enterprises, Inc. d/b/a Roadrunner Towing&AC Enterprises, Inc. d/b/a Logan's Towing Agenda Item 1 Page 9 Disclosure Statement Virginia Beach n Check here if the APPLICANT 1S NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Crespo Enterprises, Inc. If an LLC, list all member's names: Albert Crespo, President/Secretary 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 footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only If property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:5312 Virginia Beach Boulevard L L.C. If an LLC, list the member's names:Sole Member: Morphou Holding, LLC: Jason Loizou, Member& Manager; Page 2 of 7 Crespo Enterprises, Inc. d/b/a Roadrunner Towing&AC Enterprises, Inc. d/b/a Logan's Towing Agenda Item 1 Page 10 Disclosure Statement 1/13 Virginia Beach Andreas Loizou, Member If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "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 I ocal Government Conflict of Interests Act,Va. Code§ 2.2-3101. 2 `Affiliated business entity relationship" means "a relationship, other than parent subsidiary relationship, that exists when(I) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2.2 3101 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or Individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Crespo Enterprises, Inc. d/b/a Roadrunner Towing&AC Enterprises, Inc. d/b/a Logan's Towing Agenda Item 1 Page 11 Disclosure Statement APPLICANT 3niach I YES I NO SERVICE 1 PROVIDER(use additional sheets if needed) VI n Accounting and/or preparer of On Call Accounting,CPA your tax return ❑ X Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than n the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed fl 171 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) In Construction Contractors nx Engineers/Surveyors/Agents Financing(Include current 0 ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / 151 Agents/Realtors for current and anticipated future sales of the subject property I _ — ---=. SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YESNO Does an official or employee of the City of Virginia Beach have n n an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Crespo Enterprises, Inc. d/b/a Roadrunner Towing&AC Enterprises, Inc. d/b/a Logan's Towing Agenda Item 1 Page 12 Disclosure Statement VB Virgini.i Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. 1 I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA i meeting, or meeting of any public body or committee in connection with this Application. AC Ente By: rp_ Inc. Albert Crespo, President 7/1/`t S APPLICANT'S SIGNATURE PRINT NAME DATE . Ct[i,z C'eY Page 5 of 7 Crespo Enterprises, Inc. d/b/a Roadrunner Towing &AC Enterprises, Inc. d/b/a Logan's Towing Agenda Item 1 Page 13 Disclosure Statement • OWNER Virginia Brach YES [ NO I SERVICE _ I PROVIDER(use additional sheets If J n Accounting and/or preparer of your tax return ❑ X Architect/Landscape Architect/ X Land Planner Contract Purchaser(If other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed •>I purchaser of the subject property (identify purchaser(s)and ( ' purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents Geostat Land Surveys Financing (include current Empire Commercial Center,LLC l mortgage holders and lenders (private lender) selected or being considered to provide financing for acquisition or construction of the property) 1^1 Legal Services Sykes,Bourdon,Ahem&Levy,P.C. — 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 I ! an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Crespo Enterprises, Inc. d/b/a Roadrunner Towing &AC Enterprises, Inc. d/b/a Logan's Towing Agenda Item 1 Page 14 Disclosure Statement 113 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is I complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information i provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A lication. 1 5312 Virginia Beach Boulevard,LLC by Morphou HoldingARn L • oizou, Manager By: PROPERTY ER'S SIGNATURE PRINT NAME DA)E .,Alok, LD , < t Page 7 of 7 Crespo Enterprises, Inc. d/b/a Roadrunner Towing& AC Enterprises, Inc. d/b/a Logan's Towing Agenda Item 1 Page 15 Disclosure Statement Ifi3 Virginia Reach APPLICANT'S NAME AC Enterprises,Inc.d/b/a Logan's Towing 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 1 Compliance,Special Investment Program Changes Exc ption for (EDIP) Board of Zoning Encroachment Request Rezoning A. .eats _ Certificate of Floodplain Variance Appropriateness Street Closure Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board _ Conditional Use Permit License Agreement Wetlands Board 4 • The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any ; Page 1 of 7 Plannin:Commission and Cit,Council mem) that.ertains to the a,,Ilcation(s). O I APPLICANT NOTIFIED OF HEARING DATE: O NO CHANGES AS OF I DATE: 0 REVISIONS SUBMITTED DATE. Crespo Enterprises, Inc. d/b/a Roadrunner Towing &AC Enterprises, Inc. d/b/a Logan's Towing Agenda Item 1 Page 16 Disclosure Statement Virginia Beach Check here if the APPUCANT IS _NOT a corporation, partnership, firm, business, or other unincorporated organization. XCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:AC Enterprises, Inc. If an LLC, list all member's names: Albert Crespo, President/Secretary 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 footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is Afferent from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. XI 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:5312 Virginia Beach Boulevard, L.L.C. If an LLC, list the member's names:Sole Member: Morphou Holding, LLC: Jason Loizou, Member& Manager; Page 2 of 7 Crespo Enterprises, Inc. d/b/a Roadrunner Towing&AC Enterprises, Inc. d/b/a Logan's Towing Agenda Item 1 Page 17 Disclosure Statement 'NB Virginia Beach Andreas Loizou, Member If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (8) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when li)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2 3101 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMM FTE THE SECTION SEPERATELY Page 3 of 7 Crespo Enterprises, Inc. d/b/a Roadrunner Towing &AC Enterprises, Inc. d/b/a Logan's Towing Agenda Item 1 Page 18 Disclosure Statement APPLICANT Virginia Beach YES NO T SERVICE i PROVIDER(use additional sheets If J needed) ® ❑ Accounting and/or preparer of On Call Accounting.CPA your tax return 7 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 I Construction Contractors n ® Engineers/Surveyors/Agents Financing(include current 1=1mortgage holders and lenders 1 selected or being considered to provide financing for acquisition ' or construction of the property) EILegal Services Real Estate Brokers/ ❑ m Agents/Realtors for current and anticipated future sales of the subject property _ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO I Does an official or employee of the City of Virginia Beach have Fl 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 Crespo Enterprises, Inc. d/b/a Roadrunner Towing&AC Enterprises, Inc. d/b/a Logan's Towing Agenda Item 1 Page 19 Disclosure Statement �lrini,t 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. AC Enterprises,Inc. Albert Crespo, President 7/ i bel By: APPUCANT'S SIGNATURE PRINT NAME DATE Cel,t, C' d14,/ sV° Page 5 of 7 Crespo Enterprises, Inc. d/b/a Roadrunner Towing& AC Enterprises, Inc. d/b/a Logan's Towing Agenda Item 1 Page 20 Item#1 Crespo Enterprises, Inc. d/b/a Roadrunner Towing & AC Enterprises, Inc. D/b/a Logan's Towing Conditional Use Permit (Bulk Storage Yard) 5312 Virginia Beach Boulevard District- Kempsville September 12th, 2018 CONSENT Ms. Oliver: Thank you Mr. Chairman, today this afternoon, we have 11 items on the consent agenda. The first matter is agenda item number one and this is an application for conditional use permit Bulk Storage Yard on property located at 5312 Virginia Beach Boulevard in the Kempsville District, do we have a representative. Eddie Bourdon: Thank you madam Vice-Chair Oliver. For the record Eddie Bourdon, Virginia Beach attorney representing both the land owner and the applicant on case number one. I appreciate this item being on the consent agenda, it's with the revised condition that I believe you all have and again appreciate work by staff and for this being on the consent agenda. Ms. Oliver: Great, thank you. Is there any opposition to this application being placed on the consent agenda? Hearing none, the chairman has asked Commissioner Weiner to read this into the record. Mr. Weiner: Thank you Ms. Oliver. This is a conditional use permit for Bulk Storage Yard. The northernmost 10,000 square feet of the subject property was used for former tenant as a Bulk Storage Yard. The towing business was operating with a Conditional Use Permit when the current property owner purchased the site in 2017 and the lease was terminated. Subsequently, the applicant has entered into a lease for office space and the tow yard with the new property owner. Neither, the applicant nor the property owner was aware of the need for a Conditional Use Permit for a Bulk Storage Yard. The applicant tows for the City Police Department, therefore, the tow yard will be used 24 hours a day, seven days a week. The applicant is seeking a deviation from the required Category VI screening. The applicant intends to replace a portion of the fence along the western property line, adjacent to Haynes Furniture to match the existing solid fence along the other property. When the property to the north and east are developed, the 1 required category VI landscape screening shall be installed on those sides. The staff has recommended approval and we put it on a consent agenda. Ms. Oliver: Right, thank you. Ms. Wilson: Chairman if we could go back to the deferral on D2 that was the application of 27th and a Half Street parking garage, I think, Mr. Redmond and Mr. Ripley did you all need to abstain from those? Mr. Redmond:Yes, thank you by the way, that's why she is here. I paid so little attention to agenda item number D2 that I was unaware that it was going to be deferred and so I had intended to abstain from agenda item D2, my employer is Divaris Real Estate Inc, they are partner in the project 4525 Main Street Suite 900, Virginia Beach. Ms. Wilson: Thank you. Mr. Ripley: And I am abstaining too because we have an interest in a company called Telecom Systems, Inc. and I had employees that approached the applicant to do business whether they do business or not that I don't know but I am abstaining. Mr. Thornton: Thank you. AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY ABSENT INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE 2 RUCINSKI AYE THORNTON AYE WALL ABSENT WEINER AYE CONDITIONS 1. Screening and buffering shall be addressed as follows, and as depicted on the exhibit entitled "Staff Recommended Site Layout." a. When the property to the north and/or east are developed, the required Category VI landscape screening shall be installed on the northern and eastern sides of the Bulk Storage Yard, as depicted on the exhibit entitled "Staff Recommended Site Layout." b. A six-foot tall solid fence shall be installed along the western boundary line. c. A chain link fence shall be permitted along the southern boundary of the Bulk Storage Yard. 2. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any new outdoor lighting fixtures shall not be erected any higher than fourteen (1 4) feet. 3. Activities that will result in vehicle alarms or other noise disturbances shall be limited to the hours of 7:00 a.m. to 10:00 p.m. 4. Any vehicle towed to the storage yard shall be operable, with the exception of wrecked vehicles towed to the site. A determination of operability of a wrecked vehicle shall be made within five (5) business days of arrival at the site. No wrecked vehicle shall remain on the site for more than(5) business days. 5. The use of the Bulk Storage Yard is limited to the storage of vehicles only. 3 .5-. , . ____ ..-------11101W10".. . .. ... .. . .....,. t_1 - _ r \\..,....", 'p 1 1 11 ',3\ 1 --- \ - --\ _____- 1191 1 _...\ . „ 161? ' 'll , 1 '' '� '� y I \''.." S J14-r„ 4 I , I,'I,I .--1,_...3 r r J \\ � I--- Fr - ./ fir= S ' rrr �'r'" tit ,T ' ._----- \----- � s .../7. i'r 'ti ` '•,5 �} 5 JfJJJ �} , , t-. 'rte „le1 , /// SY .A-iiiloi..57,,.. 1.16, "s- /4,./.. ... \ ..-. ,, --- ti 4 % 4,4 1,, ....\ 0,......,„ ..., ' o fc) :l L r _= 5 5 . E rr io r / ` . rrf�r r� I •I''_,1' f fr l�-`1 I::- / // c,/ -' '...-:--.' \ ti; 1 It J PI �� f > 't.. •5 �, S 4.. ,...-cs \ ____---- , P.i 7---.----..-....-. \Y-rr` l-- - .-) - \... \ill. .- 6....„...,)c."\I / \7t __2 . •-: -.,/ • `� f -,� '�,rf .7 , / "---,...„...., z 3--`---\ ►, .(- ten:' ti 1 :... ,,,,,,,..7,1 , • \\ xs A. N •, / \ _ - I ,µum CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: NOFISAT TAYO KOMOLAFE [Applicant] BOLUDE JONES KOMOLAFE & NOFISAT TAYO KOMLAFE [Property Owner] Conditional Use Permit (Family Day-Care Home) for the property located at 1961 Arlington Arch Drive (GPIN 1454991331), COUNCIL DISTRICT — CENTERVILLE. MEETING DATE: October 16, 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 in the Alexandria neighborhood. The typical hours of operation will be from 6:00 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 7,861 square foot property has an enclosed backyard for the children to play safely outdoors. There is adequate area on-site to accommodate client drop-off and pick-up. The conditions are designed to alleviate the potential for congestion of client parking in the right-of-way and disturbance to the surrounding property owners. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. There was one speaker who appeared in opposition at the Planning Commission public hearing. This neighbor noted concerns about the potential for congestion as a result of client parking in the right-of-way. Condition #1 below is recommended with all in-home daycare applications in an attempt to address this concern. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0. 1 . 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. Nofisat Tayo Komolafe Page 2 of 2 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 Graphic Depicting Location of Property Owner in Opposition Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De• .rtm: + ency: Planning Department. sta.w . LI k--ge City ManagerII, VS. Applicant Nofisat Tayo Komolafe Agenda Item Property owner Bolude Jones Komolafe & Nofisat Tayo ,NI Komolafe t ,,,0 B Public Hearing September 12, 2018 4 Virginia Beach City Council Election District Centerville Request -.`e N. vo' Conditional Use Permit (Family Day-Care ' .1/4 �V°��e *064e'' A Home) kca„`` V,o`1 C.Re i Staff Recommendation ::::Lnner I. ' BkotM Robert Davis nanda ` ea' e. Location °rv° sn :^'` a a." no f p 10'111961 Arlington Arch Drive a` :000 fa ? W� 6.4".GPIN lrCa<< „nanda @„ a I 1 An h''`vANV°' 1454991331 °a'` Site Size 7,861 square feet AICUZ Less than 65 dB DNL Watershed 9 Southern Rivers0 Existing Land Use and Zoning District Single-family, duplex/ R-5D Residential O, •r v•� Surrounding Land Uses and Zoning Districts 9.(1, '4., North 7 c'o �. '4 1, e Arlington Arch Drive • .y` , • �, . 1, -kt , Single-family dwellings/ R 5D Residential ' 7 ,+.,, ; de �+ South "o Single-family dwellings/ R-SD Residential 4.# �' : �3�} w, t "'' East •� .•46 • " -:, w /� n West , ?Atli` Single-family dwellings/ R-5D Residential :^_ S Ai* ./4154' .°• ‘f.Y ' ' • - X .> % Single family dwellings/ R-5D Residential �� - • + • Nofisat Tayo Komolafe Agenda Item 4 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 in the Alexandria neighborhood. • The property has an enclosed back yard for the children to play safely outdoors. • The proposed typical hours of operation will be from 6:00 a.m.to 6:00 p.m., Monday through Friday. > *SA& �� 0 , No Zoning History to Report 1,102:4 Gwo 1011, " t _ c . 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 stagger 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 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. Nofisat Tayo Komolafe Agenda Item 4 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 neighborhoods 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 Arlington Arch Drive No Data Available Existing Land Use a 10 ADT Proposed Land Use -48 ADT /Average Daily Trips 2 as defined by one single- 3as defined by Family Day-Care Home 4 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. Nofisat Tayo Komolafe Agenda Item 4 Page 3 Site Layout 4, wr00 Fence Existing Dwelling Nofisat Tayo Komolafe Agenda Item 4 Page 4 Site Photos � f ill _. -- _ k;.a '7. • 1 ♦ e ` \`C y� I fir'♦ . i _ h' sg J Nofisat Tayo Komolafe Agenda Item 4 Page 5 Disclosure Statement Virginia Beach APPLICANT'S NAME Nofisat Tayo Komolafe 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 USC ONLY/All disclosures must be updated t.vo ?�weeks prior to arty Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s) o APPLICANT NOTIFIED OF HEARING DATE / ,, /� ID NO CHANGES AS OF DATE J94 ` t VL11 L El REVISIONS SUBMITTED DATE 777 "lT Robert A.Davis Nofisat Tayo Komolafe Agenda Item 4 Page 6 Disclosure Statement 11/41/B 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:Nofisat Tayo Komolafe If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ® Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ElCheck 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: Bolude Jones Komolafe and Nofisat Tayo Komolafe If an LLC, list the member's names: Page 2 of 7 Nofisat Tayo Komolafe Agenda Item 4 Page 7 Disclosure Statement 'NB Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§ 2.2.3101 2 "Affiliated business entityrelationship" means "a relationship, other than p, parent subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity Is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities, there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entitles." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the 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 Nofisat Tayo Komolafe Agenda Item 4 Page 8 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ ''4 Accounting and/or preparer of your tax return I I .1r. 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) 111 Construction Contractors • '=' Engineers/Surveyors/Agents Financing (include current ❑ 'v . 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 Nofisat Tayo Komolafe Agenda Item 4 Page 9 Disclosure Statement 111/1111/111111110§111110 VI 3 *, 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 ////,, t. .` KOMOLAFE NOFISAT TAYO 6/20/18 APPUCAN 5 SIGNATURE PRINT NAME DA T F t Page 5 of 7 Nofisat Tayo Komolafe Agenda Item 4 Page 10 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ ® Accounting and/or preparer of f I your tax return ❑ ,=' Architect/ Landscape Architect/ Land Planner 1-1 `- 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) 1111 Construction Contractors ❑ Engineers/Surveyors/Agents Financing (include current 111mortgageholders and lenders /� selected or being considered to provide financing for acquisition or construction of the property) ❑ ��/ Legal Services Real Estate Brokers / ❑ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Nofisat Tayo Komolafe Agenda Item 4 Page 11 Disclosure Statement Virginia Beach I CERTIFICATION: 1 I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. understand that, upon receipt of notification that the application has been I I scheduled for public hearing, I am responsible for updating the information `provided herein two weeks prior to the Planning Commission, Council, VBDA! I meeting, or meeting of any public body or committee in connection with this Application. /; KOMOLAFE NOFISAT TAYO ATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Nofisat Tayo Komolafe Agenda Item 4 Page 12 Nofisat Tayo Komolafe Public Speaker Tay/ t r � Site A Opposition Present at Public Hearing Item #4 Nofisat Tayo Komolafe Conditional Use Permit (Family Day-Care Home) 1961 Arlington Arch Drive District- Centerville September 12th,2018 APPROVED Mr. Thornton: Thank you. I would like to thank all the applicants who had a matter on the consent agenda today for attending, those items will now be scheduled for hearing on the City Council agenda. Well, thank you for coming and participating today. So you are more than welcome to adjourn if you care to go and put some plywood up. The next order of business to address will be the remaining one item on the agenda and 1 would like to ask the secretary to call the first item please. Ms. Sandloop:Okay agenda item number four, Nofisat Tayo Komolafe; is an application for a Conditional Use Permit (Family Day-Care Home on property located at 1961 Arlington Arch in the Centerville District. Mr. Thornton: Yes, good afternoon,please state your name for the record. Ms. Komolafe: My name is Nofisat Komolafe. Mr. Thornton: Okay, thank you and tell us little bit about what you would like to do. The reason that we have you speaking is because there is someone who wants to speak against your application, So typically the way the process works is you speak first, tell us what you are going to do. We may have some questions, then the opposition speaks, and then you have a chance to rebut the opposition and then we make a decision, so go ahead. Ms. Komolafe: Thank you sir. I am seeking a Conditional Use Permit for a child care. My husband works with the navy and we worked with the navy too, so I have provided navy child care at home before. I have a state license so that we can operate in both states and a navy's license so that's why I am seeking a Conditional Use Permit. Mr. Thornton: Okay, thank you. Any questions of the applicant? Ms. Rucinski: I do, how many children do you care for? Ms. Komolafe: I have four for now. 1 Ms. Rucinski: Okay,but you are looking to have up to 12. Ms. Komolafe: Yeah. Mr. Thornton: Other questions, thank you and now when the person opposing your application finishes, if you would like to come back for rebuttal, we will have you back. Ms. Komolafe: Thank you. Mr. Thornton: Thank you. Ms. Sandloop: Mr. Chair, we have one speaker, Bob and Pam Klein. Mr. Thornton: Welcome,please state your name for the record. Mr. Klein: My name is Bob Klein. Thank you for giving us time to speak. Our concern is not necessarily about the certification or qualification of the applicant; in fact we just moved into the neighborhood. The property we have is right next door, we haven't introduced ourselves, and talked, but just moved into the neighborhood. All these houses are fairly close together and right now parking is restricted. It's very very tight. Several homes have added parking, driveways to alleviate, but still most of the homes in the neighborhood have at least one car parking on Arlington Arch itself. So when there is a car parked on both sides, only one car can pass through. So looking at just the time when people are coming home, there is only going to be one car and that's going to be able to pass through Arlington Arch. There is going to be additional congestion there if we have a home day care center that has up to 12, potentially 12 families coming to pick up children. People are coming home at that same time, so our issue is it just doesn't seem to be reasonable to us, the additional congestion from a safety stand part, parking, etc. Mr. Thornton: Okay, thank you. Any questions of the speaker?Thank you sir. Mr. Klein: Thanks for your time. Mr. Thornton: And if the applicant would like to come back and have a word of rebuttal if you care to, if not, that's perfectly okay. It seems like their concerns are traffic. Ms. Komolafe: Yeah, thank you very much. I have parents drop off children. They have different times they drop off. Some come in the morning and they have a different time schedule for, you know, it's not as if maybe all of them would come at the same time or pickup at the same time. Everybody has a different schedule throughout the day. Some may drop in the morning like 6 o'clock and some may drop at 9, 10, 12. Since I have started the day care, I have never seen any congestion in the street. Mr. Thornton: Okay, any questions of the applicant? Thank you. Well if there are no questions, we will close the public hearing and talk amongst ourselves. Karen? Ms. Kwasny: There was a note in here from staff, the staff recommends a condition to stagger pickup and drop off times. Can I ask what timeframes would you designate those times or will 2 the applicant have to create a set of times that she would be abiding by in order to alleviate the traffic on the street. Mr. Kemp: Typically we leave that up to the applicant. We don't designate certain times, and the intent in that condition is just that she work it out with her clients so that not everyone is dropping off in the same, let's say 10-minute period. Ms. Kwasny: I think that condition would assist with the traffic congestion mentioned by the couple that came forward. Mr. Thornton: Is that not in there? Ms. Kwasny: No, it's not a condition yet; it's a recommendation for a condition. Mr. Thornton: I see, so you would suggest adding that condition? Okay. Other questions? Ms. Rucinski: I have one, I don't know if it's just an observation, she made a comment that her first person might come at 6 in the morning. Mr. Thornton: Jeff. Mr. Redmond:I mean, I would say on average we see one of these a month and this month we have three. Over the eight years I have been on here there have been,probably, at least a 100 that we have seen. We have not had anybody come back with complaints. I know we always bring this up to traffic and staggering times. Have you had any complaints since we have coordinated these? Mr. Kemp: Well, we have dealt with one issue that I am aware of, it was about two years ago. There were two day-cares on the same cul-de-sac and that is the only issue I have dealt with in my time here. Mr. Redmond: Okay, I think it's pretty good odds based on a 100 or so. Ms. Kwasny: It is a condition, I need to correct myself, and it is number one. Mr. Thornton: You said it was a condition, you were reading. Ms. Kwasny: I was reading the recommendation but I totally skipped over that one, it's hardly because I am recommending it. Mr. Thornton: That is the condition that she has agreed to. Mr. Redmond: I move approval of the application. Ms. Rucinski: Second. Mr. Thornton: Motion by Mr. Redmond, second by Jan Rucinski. We are ready to vote. 3 Ms. Sandloop:By the recorded vote of 9-0, agenda item number four Nofisat Tayo Komolafe has been approved. Mr. Thornton: Is there any further business? Hearing none, on behalf of my fellow commissioners, I would like to thank everyone for attending today and the planning director and the staff for excellent work, meeting adjourned. AYE9 NAYO ABSO ABSENT2 HODGSON AYE HORSLEY ABSENT INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL ABSENT WEINER AYE 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. 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. 4 0 t' I IX 0 _,---''%-'-- ...404414 .,,,.... .. . ,. ,., .. .,:.,„,..‘,.:„..,:,_„,..=.,:...--:-.,.--„., .,i.k,'. - ,. •-••• "-::;, - . '•,:.. • 1 „.%V..le! i• '•- - .,_..- !•:,:`'-‘,1.,:,'-':';•.:•.- - . , 0 0 NC,,•n,'.: • • 0 . , 1111°111144 1 . I , di\ \I: 0 4f7r li I ... .' Cr 1110' /,. ,0 • , b 0 4(2 .. --. .... wr illr 4 IUD II (.. -- -- - ...... ........ .,.....__ ....... _______.. ,.. ..... ...........,... „ , . . _ / _ . .1 --.... 111 0 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MAVIS BAHADOSINGH [Applicant] MAVIS BAHADOSINGH & NICHOLAS GRADY [Property Owner] Conditional Use Permit (Family Day-Care Home) for the property located at 1605 Cliffwood Drive (GPIN 1475257549), COUNCIL DISTRICT — ROSE HALL. MEETING DATE: October 16, 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, including weekends as needed. Typical hours of operation will be from 6:00 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 7,431 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 the potential for congestion of client parking in the right-of-way. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. Staff received two letters of support from neighbors located on either side of the parcel. Staff also received two letters of concern from neighbors located across the street who both expressed concerns regarding the potential for increased traffic along Cliffwood Drive as well as the perception that the request was a business use which would be inappropriately located within a residential neighborhood. It is important to note that this is a new activity for the applicant at this location; therefore, these concerns are not based on a specific incident. A graphic is attached that depicts the location of the property owners who are both in support and opposition, as well as the letters received by Staff. No one appeared in opposition at the Planning Commission public hearing. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0. Mavis Bahadosingh Page 2of2 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. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Graphic of Property Owners in Support & Opposition Letters of Support (2) & Letters of Opposition (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting D• _ ;rtm A•ency: Planning Department) tvi.,0,64HJ City Manager. A., Applicant Mavis Bahadosingh1B Agenda Item Property Owners Mavis Bahadosingh & Nicholas Grady Public Hearing September 12, 2018 City Council Election District Rose Hall 6 Virginia Beach Request Conditional Use Permit (Family Day-Care) Staff Recommendation = '^m ��? '%/4 4 it..W UM Approval 1 = R� aR i 1, 1o bQ, QW,,w ► — Dyck pM+ Staff Planner ? 1 .dos.• \ a „,..n r.k++++ b Robert Davis $ "��� i Dp"w 0 Location 9 ' 1605 Cliffwood Drive 1 f s GPIN 1475257549 11 Olt -\,......:)......)\ Site Size 7,431 square feet ,o"„^" v /C 4*n.K AICUZ Less than 65 dB DNL Watershed Southern Rivers •r. . r �;ti•'. t% , 9ie tr--1 Existing Land Use and Zoning District "t . o Single-family dwelling / R-5D Residential s •• p: , SurroundingLand Uses and ZoningDistricts , i / �e L.�. Y Z North 4'` , �►, >, Il �!4' ( Single-family dwellings/R-5D Residential :t;: ;, •414:-.-, South k , ,,,. , i r.. Single-family dwellings/R-5D Residential - ;,�a ' " Eastglok Cliffwood Drive ~ } Single-family dwellings/ R-5D Residential ` . i---- ,- WestL 4:ft)b-:_ . Single-family dwellings/ R-5D Residential Mavis Bahadosingh Agenda Item 6 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 in the Salem Woods neighborhood. • 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 6:00 a.m.to 6:00 p.m. / • G• R-1C No Zoning History to Report ' 1 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.To alleviate the potential for congestion of client parking in the right-of-way,Staff recommends a condition to stagger 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 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. Mavis Bahadosingh Agenda Item 6 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 Cliffwood Drive No Data Available Existing Land Use 2 10 ADT Proposed Land Use -48 ADT 'Average Daily Trips 2 as defined by one single- 3as defined by Family Day-Care Home 3 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. Mavis Bahadosingh Agenda Item 6 Page 3 Site Layout Fence Existing Dwelling 0,,. "OrQ Mavis Bahadosingh Agenda Item 6 Page 4 Site Photos �i hiL .. t. ..: . F:. ..tet - pit. • T x-. I !;'ice j • og4 v' l 1 v. • • 1.11.73k11. t • r Mavis Bahadosingh Agenda Item 6 Page 5 Disclosure Statement NAB01.11 Virginia Itt t ii APPLICANT'S NAME Mavis Bahadosingh 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 • -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 . .: Page I of 7 Planning Commission o meeting that pertains to the apph< u o APPLICANT NOTIFIED OF HEARING DATE o NO CHANGES AS OF DATE fir)/M420/57 Robert A.Davis O REVISIONS SUBMITTED DATE Mavis Bahadosingh Agenda Item 6 Page 6 Disclosure Statement NB, Virginia Beach ® Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ElCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Mavis Bahadosingh 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 footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Sedlon 2 only if property owner is different from Applicant. ® Check here If the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. • Check here If the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AMP THEN,complete the following. (A) List the Property Owner's name:_Mavis Bahadosingh&Nichalos Grady If an LLC, list the member's names: Page 2 of 7 Mavis Bahadosingh Agenda Item 6 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 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act.Va. Code§2.2-3101. 2 -Affiliated business entity relationship" means "a relationship. other than parent-subsidiary relationship. that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities:there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va.Code§ 2.2.3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Mavis Bahadosingh Agenda Item 6 Page 8 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) riX Accounting and/or preparer of your tax return XArchitect/ Landscape Architect/ Land Planner Contract Purchaser(if other than IXthe Aaalicant)- identify purchaser and purchaser's service providers Any other pending or proposed M purchaser of the subject property (identify purchaser(s)and purchaser's service providers) lXConstruction Contractors Engineers/Surveyors/Agents Financing (include current USAA Federal Savings Bank mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I I Z 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 ❑ z an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Mavis Bahadosingh Agenda Item 6 Page 9 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been 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 Applitatlop. /r %/�s�s.C, %WIS,L •/°Sin l0/ 9 zi)te APPUCANTI EIGNATLME MINT NAME DAT E Page 5 of 7 Mavis Bahadosingh Agenda Item 6 Page 10 Disclosure Statement OWNER Virginia Bfach YES I NO SERVICE PROVIDER(use additional sheets If needed) ❑ '=, Accounting and/or preparer of your tax return l l ® Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ I� purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors ❑ I1 Engineers/Surveyors/ Agents Financing (include current USAA Federal Savings Bank ® mortgage holders and lenders ri selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers / n Agents/Realtors for current and ` 1 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 ❑ EX 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 Mavis Bahadosingh Agenda Item 6 Page 11 Disclosure Statement �.r Virginia Beach CERTIFICATION: I certify that all of the Information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee In connection with this Application. __ r • ea OWN t S SIGNATURE PRINT NAME DATE Page 7 of 7 Mavis Bahadosingh Agenda Item 6 Page 12 Item #6 Mavis Bahadosingh Conditional Use Permit (Family Day-Care) 1605 Cliffwood Drive District- Rose Hall September 12th, 2018 CONSENT Ms. Oliver: Thank you. The next matter is agenda item number six and this is an application for Conditional Use Permit for a Family Day-Care Home on property located at 1605 Cliffwood Drive in the Rose Hall District. Is there a representative on this application? Hello. welcome; state your name for the record please. Ms. Bahadosingh: Hi, my name is Mavis Bahadosingh. Ms. Oliver: And are the conditions set forth in the application acceptable to you? Ms. Bahadosingh: Yes ma'am. Ms. Oliver: Great, thank you very much. Ms. Bahadosingh: Thank you. Ms. Oliver: Is there any opposition to this application being put on the consent agenda? Hearing none, the chairman has asked Commissioner Hodgson to read this into the record. Mr. Hodgson: Thank you Ms. Oliver. The applicant requests a Conditional Use Permit for a Family Day-Care Home to care for up to 12 children within a single-family dwelling in the Salem Woods neighborhoods. The property has an enclosed backyard for the children to play safely outdoors. The proposed hours are set for 24 hours a day including weekends, but typical hours would be from 6:00 a.m. to 6:00 p.m. This use is consistent with the Comprehensive Plan's land use policies for residential areas as it provides a valuable service for families in a sub-urban area. The staff recommends approval. The commission is in agreement and we have placed it on our consent agenda. 1 AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY ABSENT INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL ABSENT WEINER AYE 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. 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. 2 Mavis Bahadosingh Letters Received / \ 0 /4\ : i, , 11 i 1 C , . _ . __ I O IL _ I _ 1 I .I 1 I. _ ` __1 .. .1, I , I ,`t tI I I- ' 1y 411 L,1 1_ 1r 0 i t I Il i ,I , ti I .`�, ,I 5 'I I - 1 Site • Letter of Support Received ALetter of Opposition Received Date 3 Ser , 2°6? This letter is in reference to the Conditional Use Permit(Family Day-Care Home)application of c\kui‘ ,who resides at\UDC, CLikwLyyk"grin Virginia Beach,VA 73-1Sb .The purpose of this application is to provide day-care in the home. As the resident/owner of 11,00 I G1 ffwn4+nay signature indicates that I am in support of this application. Printed Name: E/)e r1 Sa--J V/► �d 1'e- Signature: LA) , Agenda Item 6 Mavis Bahadosingh Date See, Zolg This letter is in reference to the Conditional Use Permit(Family Day-Care Home)application of 14,3";•;P:4-} P:4hodfl5 1-h,who resides at 4305 C.tigoorzcOin Virginia Beach,VA z306.The purpose of this application is to provide day-care in the home. As the resident/owner of 14109 nr i,my signature indicates that I am in support of this application. Printed Name: rQ.VU.. ( 11C �'1C reScr---) 'gnature: _ r Agenda Item 6 Mavis Bahadosingh Mr. Davis I live at 1608 Cliffwood Dr. in the Salem woods area of Va Beach.The Residents at 1605 cliffwood dr are requesting to open a day care at this location. I would like to express my protest over this. The area is not conducive to such a business. The street is a dead end with no parking in front of or near 1605 cliffwood dr. People would have to load and unload on the street. It is used by Salem High School every morning to turn around and enter the high school in the morning. If day care and the start of school happen at the same time the cal de sac will be a dangerous traffic jam with cars and people trying to navigate.There is no parking on the street during school hours. If school is in session and drop off time for day care are the same time there would be a traffic jam that would not allow the residents to exit the cul-de-sac and will cause a dangerous situation for everyone caught in the cal de sac.Those of us that live near 1605 cliffwood dr will not be able to get out of our drive ways safely. Residents in the cal de sac will not be able to exit and enter their property safely.When they want to leave they will have to ensure there is no traffic jam in the cal de sac. Please deny the request for day care at 1605 Cliffwood dr.This is a nice quiet cal de sac and does not need increased traffic. Thank you very much Joe Jagodzinski 1608 Cliffwood Dr. Salem Woods Agenda Item 6 Mavis Bahadosingh September 1, 2018 Planning Department Municipal Center Building 2, Room 115 2405 Courthouse Drive Virginia Beach, VA 23456-9040 Dear Planning Commission, I received the notification you sent, dated August 27th, concerning the application for a „Conditional Use Permit (Family Day-Care Home) ” at 1605 CliffwoodDrive, Virginia Beach, VA, (GPIN 1475257549) . I will not be able to attend the hearing on September 12, 2018, due to work, but I would like to provide the following information with respect to my desire to have this Use Permit disapproved. 1 . Cliffwood Drive is a small road with a cul-de-sac and is directly across from Sundevil Drive which is the road leading to the Salem High School . Each weekday morning high school students use the Cliffwood Drive cul-de-sac as a turnaround point to access the Sundevil Drive. They have no concern for the speed at which they travel in the cul-del-sac and could pose a danger to small children. 2 . The Cliffwood Drive cul-de-sac is small with 8 resident driveways accessing it. If a child care home is approved it would cause major issues in the morning when parents are trying to drop off children, residents of Cliffwood Drive trying to depart their driveways for work, and high school students using the cul-de-sac as a turnaround point. There is no place for those parents dropping off their children to park. 3. The address for the proposed child care home is basically the same layout as the other homes on Cliffwood Drive and there is no room in any of these homes to safely and responsibly care for up to 12 children. At most, these homes have 4 bedrooms, most only have 3, so room is at a premium for just a regular size family, let alone 12 children. Also, all these homes have a second floor, so to have up to 12 children running around could pose a hazard if they were to try climbing the stairs and fall . I assume there is a minimum required number of adults required to be available for a set number of children, but as agile as children are a 1-4 ratio would be tough to watch small children responsibly, plus that would mean more adult care takers parking all day and there is just no room for that. As a Agenda Item 6 Mavis Bahadosingh matter of fact, there is no parking in the cul-de-sac allowed, by posted signs, during the weekdays. 4 . Lastly, and may be not as serious as the above issues, there is a registered sex offender that lives on Mistral Lane which is a side street of Cliffwood Drive, less than 80 yards from the proposed child care home. My wife and I strongly oppose this child care home venture and would ask that it not be approved. Sincerely, Cq/rqS21,(- Wa)orreP N rman R. Wood, Jr. 1604 Cliffwood Drive Virginia Beach, VA 23456 757-675-7504 (dell) 757-341-4336 (work) Agenda Item 6 Mavis Bahadosingh .__„_-3 ci=-_ ED L_____) L--1 \ 0 .7. - \, ,, , ..-_ ,-------'-_______________ _,:.:7,_ Pti,"57 Orr° Cir_Sift—_—_— _ I II .s/ \ \ U 5:\ CD , 1 I" I , I \ '\ D 0 C? o 0 a ci ,,,7 I ---\F > 1, .y LL k ! cf\ '' OCaC 0 E7 (--- \ Is fit', n 11 ... .... G 0 1 Latuque Circle \--3 cII\\ \ e \---- :\ . in L. \ rt•T- 0 , us-1 0 \ ° c-1 i* n CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JASMEEN GOULD [Applicant] CRUZ LIVING TRUST [Property Owner] Conditional Use Permit (Family Day-Care Home) for the property located at 4440 Pissarro Drive (GPIN 1475669073), COUNCIL DISTRICT — ROSE HALL. MEETING DATE: October 16, 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 in the Salem Woods neighborhood. The typical hours of operation will be from 6:00 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 10,114 square foot property has an enclosed backyard for the children to play safely outdoors. There is adequate area on-site to accommodate client drop- off and pick-up. The conditions are designed to alleviate the potential for congestion of client parking in the right-of-way and disturbance to surrounding property owners. Further details pertaining to the request, as well as Staffs evaluation, are provided in the attached Staff report. Staff received four letters of support from neighbors located near the parcel. Staff also received one letter of concern from a neighbor located several blocks away who expressed concern regarding the potential for increased traffic along Pissarro Drive as well as the perception that the request was a business use which would be inappropriately located within a residential neighborhood. It is important to note that this is a new activity for the applicant at this location; therefore, these concerns are not based on a specific incident. A graphic is attached that depicts the location of the property owners who are both in support and opposition, as well as the letters received by Staff. No one appeared in opposition at the Planning Commission public hearing. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend consent agenda of this request by a vote of 9-0. 1 . Arrival and departure times shall be staggered to avoid vehicular congestion. Jasmeen Gould Page 2 of 2 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. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Graphic of Property Owners in Support & Opposition Letters of Support (3) & Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De. . m• nt/Ao ency: Planning Department City Manager lik\ Applicant Jasmeen Gould Property Owner Cruz Living Trust, dated November 22, 2011 Agenda Item Public Hearing September 12, 2018 [iry i City Council Election District Rose Hall 1 I. Virginia Beach Request — -.-.. - Conditional Use Permit(Family Day-CareVHome) 1,0.0 4 0! r gii Staff Recommendation MI -Is/ Approvals . I Staff Plannerdullliihomum Robert Davis _ CI Id% ,...... lte . 111 Location 4440 Pissarro Drive �� GPIN CP 1475669073 I Site Size ` 10,114 square feet AICUZ Less than 65 dB DNL Watershed Southern Rivers alkExisting Land Use and Zoning District k;': 4,4,t mss' `' Single-family dwelling /R-10 Residential �` , •'-•• '� s I.. 4/ • North Surrounding ii Land Uses and Zoning Districts `�F T 0 . a , ,iii , i Single-family dwellings /R-10 Residential1(Li,-., f 1 i WeSouth "+� �r ' .i Al Pissarro Drive ( ,i� Single-family dwellings /R-10 Residential A ., t East *0 , Single-family dwellings /R-10 Residential West F 1 ., 1 Single-family dwellings /R-10 Residential ri - "'r'- r-411 '19°W''e T:. '--i 44 ' Jasmeen Gould Agenda Item 11 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 in the Salem Woods neighborhood. • The property has an enclosed back yard for the children to play safely outdoors. • The proposed typical hours of operation will be from 6:00 a.m. to 6:00 p.m. Monday through Friday. • R-10 17\ Id" No Zoning History to Report R o 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. To alleviate the potential for congestion of client parking in the right-of-way,Staff recommends a condition to stagger 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 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. Jasmeen Gould Agenda Item 11 Page 2 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 Existing Land Use 2-10 ADT Pissarro Drive No Data Available Proposed Land Use 3 48 ADT lAverage Da i ly Tri ps 2 a s defined by one single- 3 a s defined by Fami ly Day-Care Home 4 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. Jasmeen Gould Agenda Item 11 Page 3 Site Layout Fence Existing Dwelling I Pissarro Drive Jasmeen Gould Agenda Item 11 Page 4 Site Photos z,,,,,, . •,e". , A " . I I I iil 'l t 4000rail 1 ,4f - 1' i P o - IMO 41 Jasmeen Gould Agenda Item 11 Page 5 Disclosure Statement Virginia Beach APPLICANT'S NAME Jasmeen Gould DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board X Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated tr. prior to any Page 1 of 7 Planning Commission and City Council meeting that oertnl :olicat10 r(tir O APPLICANT NOTIFIED OF NEAP AT o NO CHANGES AS OF 'AlE /C/Qa/ Q Robert A_Davis ▪ REVISIONS SUBMITTFf-ATf Jasmeen Gould Agenda Item 11 Page 6 Disclosure Statement 1kB Virginia Beach ® Check here if the APPLICANT IS NOT a corporation, partnership, firm. business, or other unincorporated organization. ElCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Jasmeen Gould 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) 1 See next page for information pertaining to footnotes and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ® 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) List the Property Owner's name: Cruz Living Trust,dated November 22, 201 1 If an LLC, list the member's names: Page 2 of 7 Jasmeen Gould Agenda Item 11 Page 7 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Trustee: Renato A. Cruz Trustee: Shirley Cruz (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) `Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act.Va. Code§2.2.3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity.(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va.Code§ 2.2.3101 • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of thq 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 Jasmeen Gould Agenda Item 11 Page 8 Disclosure Statement NIB APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) riAccounting and/or preparer of Dawn @ Fast Tax your tax return I I < Architect/ Landscape Architect/ V Land Planner Contract Purchaser(if other than IXthe 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 IR _ - Construction Contractors Engineers/Surveyors/Agents Financing (include current X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services — Real Estate Brokers / I� I� 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 H X an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Jasmeen Gould Agenda Item 11 Page 9 Disclosure Statement V1.3 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. ,VMC c�2 - C� 4�d - ��en CZlcj - - AYYI ICAN I'S SIGNATURE PRINT NAME DATE Page 5 of 7 Jasmeen Gould Agenda Item 11 Page 10 Disclosure Statement OWNER Virginia Beach YES NO SERVICE 1 PROVIDER(use additional sheets if needed) I 1 ® Accounting and/or preparer of your tax return • XArchitect/Landscape Architect/ Land Planner Contract Purchaser(if other than ® the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors • VIEngineers/Surveyors/Agents Financing (include current Z mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n ® Legal Services Real Estate Brokers / Li ® Agents/Realtors for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n an interest in the subject land or any proposed development contingent on the subject public action? It yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Jasmeen Gould Agenda Item 11 Page 11 Disclosure Statement NB Viirxinia Beath c_ERTIFICATION: 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. PROPtRTY ER'S SIG RF PRIN I NAME DATF Page 7 of 7 Jasmeen Gould Agenda Item 11 Page 12 Item #11 Jasmeen Gould Conditional Use Permit (Family Day-Care Home) 4440 Pissarro Drive District- Rose Hall September 12th, 2018 CONSENT Ms. Oliver: Thank you very much. The next matter is agenda item number eleven and this is an application for a Conditional Use Permit for a Family Day-Care Home on property located at 4440 Pissarro Drive, which is located in the Rose Hall District. Is there a representative for this application? Welcome; state your name for the record please. Ms. Gould: Jasmeen Gould. Ms. Oliver: Thank you and are the conditions set forth in the application acceptable to you? Ms. Gould: Yes ma'am. Ms. Oliver: Great, thank you so much. Is there any opposition to this application being placed on the consent agenda? Hearing none, the chairman has asked Commissioner Rucinski to read this into the record. Ms. Rucinski: Thank you Commissioner Oliver. The applicant requests a Conditional Use Permit for a Family Home Day-Care for up to 12 children within a single-family dwelling in the Salem Woods neighborhood. The property has an enclosed backyard for the children to play safely outdoors. The proposed typical hours of operation will be from 6:00 a.m. to 6:00 p.m. Monday through Friday. The proposed Conditional Use Permit for this request, in staff's opinion, is consistent with the Comprehensive Plan's land use policies for residential areas and will provide a valuable service for families in the suburban area. To alleviate the potential of congestion for client parking in the right-of-way, Staff recommends a condition to stagger pickup and drop off times. For the reason stated above, Staff recommends approval of this application. The applicant, as you heard, is agreeable to the conditions. Therefore, we have placed it on the consent agenda. 1 AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY ABSENT INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL ABSENT WEINER AYE 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. 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. 2 Jasmeen Gould Letters Received \\\ ;1/4/ fry • 4';'' .1 -\\:: L ,, � U ., 555 11:4 ____\_________.--) d- t'.."--"-\"..—..-- a 1 w r .- s s-- 01 ( ) --N k ) I. ) ..,. .. 1,,,4. \ 1\ \ . ' \ 41 # r...1 I 1 "1 I r13 t ; t e ' '1r� pry 1 0 1-) V-2.! ' — I t- t r f —'� � t _1 1. a 1S I i11 �r ___ I I' `� 'I1 11pe , ' II _ I \ 1 1 ' r \. ii --1 5 —r—11 C 1\ f ' r ti 1 I 1 G Y --_ --- PISSARRO —'�—"__—_ I e - Al 5 I, t I L __ _—_r_ ''''''--1 f 0, 1 , ....II: I ....1..-. ..''... -. A \0 \I r- — ---11 I fl r I �_ _ i I, Site • Letter of Support Received ALetter of Opposition Received August 19, 2018 This letter is in reference to the Conditional Use Permit for a Family Day Home for Jasmeen Gould, who resides at 4440 Pissarro Dr. in Virginia Beach, VA. The purpose of this application is to obtain a license to operate a Family Day Home. As the resident owner of ! /7I SScj-r /)r (,9341S- , my signature indicates that I am in support of this application Printed Name 6-CAir V Signature 6fit Agenda Item 11 Jasmeen Gould August 19, 2018 This letter is in reference to the Conditional Use Permit for a Family Day Home for Jasmeen Gould,who resides at 4440 Pissarro Dr. in Virginia Beach,VA.The purpose of this application is to obtain a license to operate a Family Day Home. As the resident owner of ANA/9 / Sscirrte L _ 0.34150 , my signature indicates that I am in support of this application. Printed Name PGL h n y A go n n U rYl Signature 441....c:74..aaawhx4.4k_ _AryL^f Agenda Item 11 Jasmeen Gould August 19, 2018 This letter is in reference to the Conditional Use Permit for a Family Day Home for Jasmeen Gould,who resides at 4440 Pissarro Dr. in Virginia Beach,VA.The purpose of this application is to obtain a license to operate a Family Day Home. As the resident owner of ' i' / 3 7 PSS acre br , my signature indicates that I am in support of this application. Printed Name /Gtf / igpv_43.ij Signature l(IJ4 r� Agenda Item 11 Jasmeen Gould August 19, 2018 This letter is in reference to the Conditional Use Permit for a Family Day Home for Jasmeen Gould,who resides at 4440 Pissarro Dr. in Virginia Beach,VA. The purpose of this application is to obtain a license to operate a Family Day Home. As the resident owner of 'T ' f/5s arrO b, 034S--4f) , my signature indicates that I am in support of this application. Printed Name 1 raC4 U Q.(/W n /)(?1 Y Signature Agenda Item 11 Jasmeen Gould From: Robert Alonzo [mailto:macondryct@yahoo.com] Sent:Tuesday,August 14,2018 10:33 PM To: Robert A. Davis<RADavis@vbgov.com> Subject: Family Day care @4440 Pizarro Street(Salem Woods) Dear Sir, I respectfully submit my opposition for Family Day Care @ 4440 Pizarro Street.At present at this address I have observed the residents park in the opposite sides of the street,several times I had to give way for the approaching vehicle to pass because of vehicles on both side of the street. If their application to put up a business at this address would be an inconvenience for the residents of Salem Woods because this street is a thoroughfare access to Lynhaven parkway beside Roundhill Drive. Once this business is operational,traffic congestion is most certain and residents of Salem woods can potentially endure unsafe conditions in these area.The number of vehicles that would gather at a given time increases the possibility of accidents waiting to happen. If accidents happen in this area the owner of this business and the city of Virginia beach would never be concerned about properly damage and the neighborhood will never be the same. I have been in this neighborhood for more than three decades and there's more vehicle in this area. Sad..Salem woods will never be the same. I am for business entrepreneurship but Salem woods is not set up as day care center. Help keep Salem woods an ideal place to live. I request the applicant to consider other option that is safe and Salem Woods would not be an ideal place and parking would be another matter and the increased vehicular traffic in the area. Very respectfully Robert 757-635-9930 4456 Clemsford Dr. SALEM WOODS-Resident Agenda Item 11 Jasmeen Gould V \\/ ' \ ' \ • .• 4i \ \ \\ \\ \\ \\\ \ Dlli\ \ cc \ \ \ \ \\1/4\\ \ 4 _/ l'` • ' \ \ ‘ , •• 0. ‘ "12;:7" \ \* 4 40 # s \ \\c 1 \ s \ 7‘ ile,* s \ 4\'\ c . 1 N\'is i • 'cNi oi \ \\ N. \ \ . '. ' \ \ \\ 1 \ , , \\ ) \I \\ \ \ \ \\\ \\\ - s• , / i ',`\\ \ \ \ \ \\ ' • ' ' \ \ \ / 4 # al\ \ \ 1 / \\\ • \ , '4.=1;<Z \ \ \ .44+ A \\ \ N. -, '- , 6 • or r,,,F!,,7,,,, ,0r.,,„.....__ ,,,, 4 ;, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ANDERSON'S VIRGINIA BEACH, LLC [Applicant] AGI-VB HOLDINGS, LLC [Property Owner] Conditional Use Permit (Outdoor Recreation Facility) on the property located at 1925 Fisher Arch (GPIN 2414316336), COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: October 16, 2018 ■ Background: The subject 6.75-acre site along Fisher Arch is zoned B-2 Community Business District and improved with a retail garden center. The applicant is requesting a Conditional Use Permit for an Outdoor Recreational Facility in order to install an 18-hole miniature golf course. The course will be located in the rear of the property adjacent to an existing greenhouse and stormwater management facility. The walkways and putting surfaces for the golf course will be constructed with permeable materials, and will include rain gardens to aid with the infiltration of stormwater. A pavilion, designed to offer shade to customers, will be located on the south end of the course. ■ Considerations: The addition of a miniature golf course at this location will create an additional recreational opportunity for residents and visitors. As the property is located in the Southern Rivers Watershed, the Development Services Center finds that the proposed conceptual stormwater strategy has the potential to successfully comply with the stormwater requirements of this site. The Department of Public Works Real Estate Staff indicated that the proposed location of the miniature golf course, as depicted on the concept plan, does not conflict with the City's potential property acquisition needs related to the Princess Anne Road Phase VII project, CIP 2-195. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. Anderson's Virginia Beach, LLC Page 2 of 2 1 . Prior to construction of the miniature golf course, a site plan in substantial conformance to the site layout entitled "MINIATURE GOLF CONCEPT PLAN 1925 FISHER ARCH, VB BEACH" by ANDERSON'S LANDSCAPES, dated AUG 2018, shall be submitted for detailed site plan review and approval. Said plan is on file in the Department of Planning and Community Development. 2. The location of the Outdoor Recreation Facility shall be limited to the area depicted on the proposed site layout on page 5 of this Staff Report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. When the property is developed, the pavilion and fence shall have architectural features, and appearance of like quality and character as depicted on page 6 of this Staff Report, entitled "Proposed Pavilion Elevation and Fence Design," which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 4. All light fixtures shall be shielded and angled away from the adjacent residential uses. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departm: t7Arency: Planning Department Lf City Manager. Applicant Anderson's Virginia Beach, LLC1/ Agenda Item Owner AGI-VB Holdings, LLC Public Hearing September 122018 B City Council Election District Princess, Anne 1 0 Virginia Beach Request Conditional Use Permit (Outdoor Recreation (-.7' Facility) Staff Recommendation 1 ti I I Approval ^d;;,.� � \ 'oe as 65.70 d6 Staff Planner /�. . Robert Davis r` a 4.0'4d Location sot,' cp.' 1925 Fisher Arch 'of*" GPIN a 2414316336 „,,,`." -d Beauty W r Site Size 6.75 Acres AICUZ 65-70 dB DNL; Sub-Area 2 Watershed Southern Rivers Existing Land Use and Zoning District Retail garden center/ B-2 Community Business r XN , / r Surrounding Land Uses and Zoning Districts N, Apr`4 North Fisher Arch Vacant, pump station/AG-2 Agricultural, Conditional B-2 f. South ,/A 't /,. Undeveloped, cultivated fields/AG-1 Agricultural, AG-2 Agricultural f-/ East - - . Sandbridge Road Ballpark, church/ R-20 Residential, B-2 Community Business A West Cultivated fields, undeveloped /AG-2 r' � � ��' Agricultural Anderson's Virginia Beach, LLC Agenda Item 10 Page 1 Background and Summary of Proposal • This site was rezoned from AG-2 Agricultural to Conditional B-2 Community Business in 2014. • The applicant is requesting a Conditional Use Permit for an Outdoor Recreation Facility in order to install an 18- hole miniature golf course. • The course will be located in the rear of the property between the greenhouse and the stormwater management facility. • Customers will enter and exit through the main building where tickets can be purchased. • Typical hours of operation would be the same as the existing business hours which are from 9:00 a.m. to 8:00 p.m., Monday through Friday, and from 9:00 a.m. to 9:00 p.m., Saturday and Sunday. • The submitted layout depicts an approximately 9,700 square feet course with walkways and putting surfaces constructed with permeable materials. Infiltration rain gardens are proposed to inception stormwater. A pavilion, designed to offer shade to customers and for social events, is depicted at the south end of the course. According to the application, the facility will have low voltage lighting. • The submitted elevation for the pavilion depicts a 25-foot by 20-foot structure to be constructed of cedar with a green standing seam metal roof. • A three-foot tall rope and dock piling post-type fence is proposed to be installed on the east side of the course next to the stormwater management facility. B-2 R- Zoning History 4 Ad=2 # Request B-2� 1 CRZ(AG-2 to Conditional B-2)Approved 09/16/2014 B-2 • ' tib% 2 CUP(Communications Tower)Approved 09/08/2010 ' •s, 3 CRZ(AG-1 and AG-2 to Conditional 0-2&Conditional B- 37%A. 2)Approved 02/24/2009 � � ,2 CUP(Borrow Pit)Approved 12/12/01 // 4 CUP(Child Education Center)Approved 05/11/2005 5 MOD Approved 12/10/2013 // AG-2 CRZ (AG-1 &AG-2 to Conditional PD-H2 & P-1 AG-1 � R•1• Preservation)Approved 03/26/2006 / P-1 6 CUP(Church)Approved 07/14/1993 R-t0 RA' 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 Anderson's Virginia Beach, LLC Agenda Item 10 Page 2 Evaluation and Recommendation The proposed Conditional Use Permit request for an Outdoor Recreation Facility is, in Staffs opinion, consistent with the Comprehensive Plan's land use policies and the Transition Area Design Guidelines for this area,as this type of use provides a recreational opportunity for residents and visitors. As recommended by the Comprehensive Plan, the applicant has submitted a conceptual plan that includes a stormwater strategy using rain gardens and permeable materials that will be beneficial for stormwater management. Based on this plan,the Development Services Center(DSC) agrees that the proposed conceptual stormwater strategy has the potential to successfully comply with the stormwater requirements of this site. However,this review is not a formal approval of the submitted stormwater plan. More details will be required and a formal review will take place during the site plan review process through the DSC. Staff recommends approval of this request, subject to the conditions below. Recommended Conditions 1. Prior to construction of the miniature golf course, a site plan in substantial conformance to the site layout entitled "MINIATURE GOLF CONCEPT PLAN 1925 FISHER ARCH,VB BEACH" by ANDERSON'S LANDSCAPES,dated AUG 2018, shall be submitted for detailed site plan review and approval.Said plan is on file in the Department of Planning and Community Development. 2. The location of the Outdoor Recreation Facility shall be limited to the area depicted on the proposed site layout on page 5 of this Staff Report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. When the property is developed, the pavilion and fence shall have architectural features,and appearance of like quality and character as depicted on page 6 of this Staff Report, entitled "Proposed Pavilion Elevation and Fence Design," which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 4. All light fixtures shall be shielded and angled away from the adjacent residential uses. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates this area of the City as the Transition Area.The Transition Area serves as a unique land use buffer for the low density Rural Area from the more densely developed Suburban Area, promoting open space and a low density. Proposed development within the Transition Area should continue the tradition of high quality development by adhering to the planning and design principles cited in the Transition Area Design Guidelines.These Anderson's Virginia Beach, LLC Agenda Item 10 Page 3 Guidelines include use low-impact development techniques and creative design to minimize impervious surfaces, address stormwater management requirements, and provide active open spaces. 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 Sandbridge Road 12,315 ADT 1 13,600 ADT 1(LOS°"C") 16,200 ADT 1(LOS 4"E") Existing Land Use 2—2,074 ADT Fisher Arch No Data Available 6,200 ADT 1(LOS°"C") Proposed Land Use 3-2,154 ADT 11,100 ADT 1(LOS°"E") 'Average Daily Trips Z as defined by existing 3 as defined by existing 40,864 square a LOS=Level of Service 40,864 square feet of free- feet of free-standing discount standing discount superstore&proposed 18-hole superstore miniature golf course. Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Sandbridge Road in the vicinity of this application is considered a two-lane undivided minor suburban arterial with a variable-width right-of-way in this location. There is a roadway CIP project slated for this area. Princess Anne Road—Phase VII (CIP 2-195) calls for the construction of a four-lane divided roadway within a 143-foot right-of-way with bike path from General Booth Boulevard to Fisher Arch and intersection improvements at General Booth Boulevard, Elson Green Avenue,and Upton Drive/Sandbridge Road. The project is fully funded in the current CIP and is presently being designed to include minor improvements to the Sandbridge Road/Fisher Arch intersection. Right-of-way acquisition and private utility coordination are ongoing and construction is slated to commence mid-to-late 2018. Public Utility Impacts Water&Sewer This site is currently connected to both City water and sanitary sewer service. Anderson's Virginia Beach, LLC Agenda Item 10 Page 4 Proposed Site Layout 1W., _ ., b ) ' ' ', - ,). \ 1x 1 .. . '',0 AINA 4 rl ilkfiliii - Proposed Mini-Golf Course ii! 1 •iv4 ,i , 1, s., ., • ‘ -,-• - • ..„, .„,,zp, ..igt / 1 e . fail4lir . t , le.4Y i' i :94f • 14 p 9 4,0 zo,;le ..‹ , '-, ,. . . i 41 .A • t' ;• " I' \-:: r I 4 - , -..',...... - . W :r '' '-'t '.••••• , s, • - "lke- • ' - :.. - ' , '-' •• r .... ''.' r;11'4: -- -4>3,4 ''''':-.,:.:: • '44' h.. :'" :•,, ,... ,,q.,.. "7, 6 01/ 0 ', .. -.;„_-.7.., ..„... '. • ,,,, . .,•1•‘"..., • • lk •i , . ' • .-.....• .''''. ''....,V,.;,- . : .'....‘,..• ..A' :•‘•!: ".., ."..0 • . -- ,q,):.,. -.z.--.,' '.-,:. .: . z.. .-- -.„.‘ . .- ,,,•, .-, . .. ..4,. .. „ ofir; P-1,4" - ,-nt,,.?:,; s'-1S, 1:'. ',,', • ., '--_,:f, .,,.:.; • (ctti.•,_ • ,. ' 0-4. 1-- .7"r`,t --•'.,„ .--' - ,--'- - ' ,."1 ,vt: 55-,1 ptek ' . 0, , --- r,,,,-1 .7„, -• 4.- L; •'a•--..'`.. , .•,..41 i• •• .. , ',- -Ht-'4 `,.-1-.'il4H.::.;"•::f., ••. , • t - . • -.„„ ,, ,,,' r.''-*- . • •*. '''1-4, '••••'.'.:1 3•''''''-':i.? ,21"4.+14,S4,,..4 ' 1 '..':',' i...,. ,:,•1' _ ...,:4,,,•-:-. ' .-I••:‘,&'—.1•,V--,.%:;-.;,',;.';,..k.,'',' .'N'-':,;,,-2'''''•,',"•;,','.--' ' . (<,•;,•‘f, ,,:7P.4.,,,*t•'''',,, ' ; •"...*:::...---<;, - , ‘.:,• ' • I- Ccik-41314)42.--tLiwit.:41iiiliblioN... '.,:- ,a,.. te , , ; 1-- -.._ ,•Is' 1 1.;%4 ••••,---._ 7 -IA**. ' Irt /- '---\ — . - -vra._.... _--;------ --_ _____— __—_-- 7.-................_...,. s •,.....-,.- -,.„......„ - -----------1-'-------.g. ......)L°1 77..t • 6-iNt • ...• i Widill .. • .t...-- „ . _____Z-•tiv. -_.__ ' t',,r•••• ".1114411-* -4'% --ivw,----,- ,_ .,....,„.--——-- 1-*"..1, Cg ID' -3- - 41,-, . • •1 ) i ,:.r:t lititAhor,' ','",.,.% .42 ,dilibier mainth•u ik, ,.. . e- ..,,, ..,....a . 4pa, _ , rr— --1 P." %i 4.1 • r. 4,: .. . -43.% 1 ...' 0', ,,IW., ..f •e4p...t.."Alir . , .—: /, 9 , .... -. ,, -:. . -...:: , 1 ...._.4,-, c ' ..:A0.4:,. •. • U , 4 ,,,, qi, „,.....74. ....•:-11-.• ..3 ylir ;2C .0°°-...'''''*: i• •4 , ***011i141 MI • .. . .--../ • . . . Alialla i moraP.•;,,, _.---. 7.--. 4-.;;:),-14_• ... 0......0 ttm ,_‘.4ter.ntr,- 4„aseaf...tivi. ,,,..... I.41o.iimilir•Isecorer ,list•ff••••er •Filoo.4.04M10 yr•vomor ••NTF.:11 .:;•1:,,,„.....,,,"`"- Anderson's Virginia Beach, LLC Agenda Item 10 Page 5 Proposed Pavilion Elevation and Fence Design i N.,,N:1. R°° 7 , I .. 1 'i j• �, ill w iICS ,.........: - fes 1. ;,k i L ani A,..:- _ :fir 1.* J ./ • I .y I vRtEr) i ,r4,.. • A A jig i ..i,.� / .r v4 s, Anderson's Virginia Beach, LLC Agenda Item 10 Page 6 Site Photos $.4 if ' �• ;. r Anderson's ra ^ • 4041P it r1� .a,. 4 ti ._._ a 111 _. :_.._•''Cd Anderson's Virginia Beach, LLC Agenda Item 10 Page 7 Disclosure Statement 1VB Virginia Beach APPLICANT'S NAME Anderson's Virginia Beach, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board X Conditional Use Permit License Agreement Wetlands Board 4 -=-4 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s) o APPLICANT NOTIFIED OF HEARING DATE o NO CHANGES AS OF DATE /0/CQ/3.01 ir Robert A Davis El REVISIONS SUBMITTED 1A7; Anderson's Virginia Beach, LLC Agenda Item 10 Page 8 Disclosure Statement 1VB 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:Anderson's Virginia Beach, LLC If an LLC, list all member's names: Jason Blanchette Clark Anderson 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 footnotest 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. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:AGl-VB Holdings, LLC If an LLC, list the member's names:Clark Anderson, Jason Blanchette Page 2 of 7 Anderson's Virginia Beach, LLC Agenda Item 10 Page 9 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Anderson's Virginia Beach, LLC Agenda Item 10 Page 10 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ Accounting and/or preparer of l your tax return 111p<1 V V Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than 1 the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ ►�' purchaser of the subject property (identify purchaser(s)and purchaser's service providers) r/ Construction Contractors 1 Engineers/Surveyors/Agents KellamGerwitz, P.0 Financing (include current ❑ �_1 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / • N Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE 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 Anderson's Virginia Beach, LLC Agenda Item 10 Page 11 Disclosure Statement VB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information F provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this .A plicatio i (7y, Q. tlgnc -�(I�s(/J� AP;!ICANT'S I DATE Page 5of7 Anderson's Virginia Beach, LLC Agenda Item 10 Page 12 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ IX Accounting and/or preparer of your tax return Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than 111 the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents Financing (include current ❑ '�' mortgage holders and lenders �. selected or being considered to provide financing for acquisition or construction of the property) ❑ // Legal Services Real Estate Brokers / • =4 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 Anderson's Virginia Beach, LLC Agenda Item 10 Page 13 Disclosure Statement \B.2 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. _ _3 Sm V. LiAnck►ii'Q ICT( /Q PRoERTY OWN NATURE ^ PRINT NAME -- A. Page 7 of 7 Anderson's Virginia Beach, LLC Agenda Item 10 Page 14 Item #10 Anderson's Virginia Beach, LLC Conditional Use Permit (Outdoor Recreation Facility) 1925 Fisher Arch District- Princess Anne September 12th, 2018 CONSENT Ms. Oliver: Thank you. The next matter is agenda item number 10. And this is an application for a Conditional Use Permit for an Outdoor Recreation Facility on property located at 1025 Fisher Arch, located in the Princess Anne District. Is there a representative for this application? Hi, welcome: state your name for the record please. Mr. Blanchet: I am Jason Blanchet. Thanks for having me. I am the owner of Anderson's Virginia Beach. Ms. Oliver: Great and are the conditions set forth acceptable to you? Mr. Blanchet: Yes ma'am. Ms. Oliver: Thank you very much. Is there any opposition to this being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Inman to read this into the record? Mr. Inman: Thank you, this is a request for a Conditional Use Permit for a miniature golf course known as an Outdoor Recreational Facility. It is owned and operated by Anderson's Garden Center, which has been there for few years now. It is zoned B-2 Community Business District and the surrounding uses are varied, involving some farm land, some residential uses, a church and a pump station. The property was re-zoned in 2014 and subsequently Anderson's build a very nice Garden Center on the site. They found that they have room for a recreational facility on the site. They have requested this use permit so that they can have a miniature golf course, which you see on the screen there. The submitted layout, which depicts an approximately 9,700-square foot golf course with walkways and putting surfaces constructed with permeable material and plant material that will act as infiltration rain gardens. A pavilion designed to offer shade to customers and for social events is depicted at the south end of the course and will have low voltage lighting. There are couple of conditions that they submit the site plan for review and that the recreation facility be limited to the area depicted on the proposed site plan layout. All light fixtures shall be shielded and angled away from adjacent 1 residential uses. The Comprehensive Plan designates this area as part of the City's Transition Area, which serves as a unique buffer between the low density rural area from the more density developed suburban area. This proposal meets the criteria with the Comprehensive Plan and we have chosen to put it on the consent agenda. AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY ABSENT INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL ABSENT WEINER AYE CONDITIONS 1. Prior to construction of the miniature golf course, a site plan in substantial conformance to the site layout entitled "MINIATURE GOLF CONCEPT PLAN 1925 FISHER ARCH, VB BEACH" by ANDERSON'S LANDSCAPES, dated AUG 2018, shall be submitted for detailed site plan review and approval. Said plan is on file in the Department of Planning and Community Development. 2. The location of the Outdoor Recreation Facility shall be limited to the area depicted on the proposed site layout on page 5 of this Staff Report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. When the property is developed, the pavilion and fence shall have architectural features, and appearance of like quality and character as depicted on page 6 of this Staff Report, entitled "Proposed Pavilion Elevation and Fence Design," which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 4. All light fixtures shall be shielded and angled away from the adjacent residential uses. 2 \ ' \ \ \s. 1/ N • N , \ t \ °I` : 1*( :f1P , ". dz-- /.---... ..._ .7 . `-• '') ---- -1 - ,:.:-./ ' , . • 1 1 - I I • I 1: i r • . ' i (' 0 . \ .. , ro '1 I \‘ 4'i \ th #.4k , \s' s , \ \ \ \\\\\ a ,x. ,,, ;4 \Noy/ .,/, ‘ ci4410 �yNy <rr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MARY BOZARD [Applicant] THOMAS LEE BOZARD [Property Owner] Conditional Use Permit (Residential Kennel) at the property located at 2880 Indian River Road (GPIN 1493335295), COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: October 16, 2018 • Background: The subject 1 .10-acre site is zoned AG-2 Agricultural and improved with a single- family dwelling and several accessory structures. The applicant currently has six adult companion dogs. The Zoning Ordinance requires a Conditional Use Permit for a Residential Kennel when a homeowner has more than four dogs. The applicant was unaware of the need for the Conditional Use Permit until recently and has submitted this application to rectify the situation. The applicant has indicated that the dogs that she has acquired via a rescue organization remain inside the single-family dwelling for the majority of the time. However, from time-to-time the dogs are outside within three existing kennels located in the rear of the property. Section 223 of the Zoning Ordinance requires that any structure occupied by animals not be located within 100 feet of an adjacent property line. The location of the kennels does not meet this standard, as they are approximately six feet from the eastern property line. Based on this, the applicant is seeking a deviation from this requirement. • Considerations: The kennels are well-screened from view from the right-of-way and from the adjacent dwelling to the east. This type of activity is not uncommon in the rural part of Virginia Beach. As previously stated, the dogs remain inside of the home for the majority of the time. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. Staff received a letter of concern from an adjacent property owner who recently purchased the vacant parcel to the west. The letter noted opposition to this request due to the potential of dogs barking during the day and nighttime hours. While the Planning Commission placed this request on the Consent Agenda, an additional condition is recommended by the Commission, as noted by underlined text below, limiting the hours that the dogs can be outside. Mary Bozard Page 2of2 • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. No more than six adult dogs shall be kept on the property at any time. 2. The dog kennels shall be maintained in a safe and sanitary condition. 3. All animal waste from the dog kennels 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 dogs shall be kept indoors between the hours of 10:00 p.m. and 7:00 a.m., with the exception for brief breaks for urination and defecation. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departm-nt/Agency: Planning Department City Manager. Applicant Mary Bozard Agenda Item Owner Thomas Lee Bozard Public Hearing September 12, 2018 5 ciryvt City Council Election District Princess Anne Virginia Beach Request V v to , Conditional Use Permit (Residential Kennel) F aR ' s o'''' \ \ 11) 0 Staff Recommendation ,F`` Approval ? , Staff Planner C ? B Marchelle Coleman 9 M,.Y Location 65.70 dB DNLIlliv 2880 Indian River Road GPIN 1493335295 Site Size 6,•"°w,.w11b, 1.10 Acres AICUZ 70' 65-70 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Single-family dwelling/AG-2 Agricultural Surrounding Land Uses and Zoning Districtslos".-1,-;:it,. , i„Lrt , t11.7 '11111111M 1 r r North : Undeveloped/AG-1 Agricultural k - .= f' South - , Indian River Road a p '4' Agriculture pasture/AG-2 Agricultural v. r, w '01/ East . Single-family dwellings/AG-2 Agricultural y�_ West Undeveloped /AG-2 Agricultural � f i , Ur i:11.1 ah F' tip. ,-..4,. ,i: '' , , '' 34 st ,,, , .. . ., • _ int ,,,,,,, 1:A ��R��4�+='yN,; ,t , , p,.„‘It.'14f.,4.1"Al2ki.- - '4,4--,At ''., -; , )•• ...AN/.11,,:i<r•',,i- t itlik—'41 ,,),.•,..9.,,,,,..- ) A: Mary Bozard Agenda Item 5 Page 1 Background and Summary of Proposal • The applicant currently has six adult companion dogs.The Zoning Ordinance requires a Conditional Use Permit for a Residential Kennel whenever a homeowner has more than four dogs. As this number exceeds the maximum permitted by Section 111 of the Zoning Ordinance, a Conditional Use Permit is required.The applicant was unaware of the need of the Conditional Use Permit until recently, and has submitted this application to rectify the situation. • The property is developed with a single-family dwelling and several accessory structures.The three existing kennels are located in the rear of the property and are designed with a chain-link fence surround and a dog house for shelter. The applicant has indicated that the dogs remain inside of the single-family dwelling for the majority of the time. However,the kennels in the rear provide an outdoor area for the dogs. • Section 223 of the Zoning Ordinance requires that except where animals are kept in a soundproof,air- conditioned building, no structure occupied by animals shall be located 100 feet of an adjacent property line. The location of the existing kennels does not meet this standard, as they are approximately six feet from the property line. Based on this,the applicant is requesting a deviation to this requirement. 1 • Zoning History # Request /// 1 SVR Approved 12/13/2016 2 SVR Approved 09/27/2011 � 4 3 PDH Approved 05/13/2008 4 CUP(Cemetery,Columbarium,Crematory,Mausoleum) (.. / /4, . Approved 03/09/1999 / // 5 CUP(TV Transmitter Tower)Approved 04/14/1986 6 CUP(Outdoor Recreation Facility)Approved 08/19/1985 . / ` 5 7:PD-H % Recommended Conditions 1. No more than six adult dogs shall be kept on the property at any time. 2. The dog kennels shall be maintained in a safe and sanitary condition. 3. All animal waste from the dog kennels 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 dogs shall be kept indoors between the hours of 10:00 p.m. and 7:00 a.m., with the exception for brief breaks for urination and defecation. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code,including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates this area as being within the South Princess Anne Commons, a subarea of Princess Anne Commons SEGA 4 within the Interfacility Traffic Area (ITA) between NAS Oceana and NALF Fentress.This designation reduces by-right residential density, yet overall still offers a unique opportunity for education, entertainment, recreation, and habitat preservation, by-right rural residential, and agricultural and related activities. It is not the intent of this Plan for this area to become part of the urban area north of the Green Line. Instead,the general goals are for creation of quality development, provide exceptional open spaces, and to design with nature. In addition to the Comprehensive Plan, the ITA and Vicinity Master Plan provides more detailed land use plan and recommendations for this area.The preferred land use plan designates this site as Agricultural/Rural Residential and calls for low density residential and agricultural farmettes. Natural and Cultural Resources Impacts The property is within the Southern Rivers Watershed.There are no known significant cultural or natural resources on this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2-10 ADT Indian River Road 5,637 ADT' 7,400 ADT 1(LOS 4"C") proposed Land Use 3 10 ADT 1Average Daily Trips 2 as defined by a single- Sas defined by a single-family dwelling 3 LOS=Level of Service family dwelling zoned AG-2 zoned AG-2 with a residential dog kennel Mary Bozard Agenda Item 5 Page 3 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Indian River Road in the vicinity is considered a two-lane undivided rural highway.As this site is in the Princess Anne Commons/Transition Area,the MTP proposes up to four divided lanes in this vicinity.There are currently no roadway CIP projects planned for this area. Public Utility Impacts Water&Sewer This property is not served by City water or sewer.The site is currently served by private well and a private septic system. Mary Bozard Agenda Item 5 Page 4 Site Layout 1 ExistQ \ O Fence 0 Existin: O <: oO Fence •O Existing Kennels Existing Dwelling ~Rad Mary Bozard Agenda Item 5 Page 5 Site Photos - - -...-- • . - . ri`--• * - = - _-• -4 i - 1 7, -+ 4:-_-, .. -.. ,, --„,....- .-•,.....,,.---_,: • r- ----— — . .,. . , il• =lila I, .—.4....,...,„r,, ! ,. ppNi ‘, .t, it - • .. t vintmlih. : .4,- ._< / .. . . .. •.. .._ . .. ,,,,,s' , - -', . . ..-• , -t-.--,.,;_ , , d.e..,...• • '4 l', lq..'', ''' '''•' *; st/ 7 S. -i '141. Al, 44 .'. „..- -N.''--- ,i, 0,0 N .1,t• 1. 1, ' \/ , ' ...": ' 20A--..4, 110.4::,..1.1 y-; ". AL.-.t •, )t. ,' Nr '• . .4;'0., i •' , • ' , . • . • . ' 1••Z °•'.. ' t..•„ .1:tit t • ,.• ,, , . I'...!::Lk -..„..",„ •,., 4, 15"*„..;;.,' 4 ,, - . ...,....i.-_. '''', ..... „ . i • 7 6 %1 '. % . • . ..=..74I . ,\r.. oR.,.4... -_.(,,4,-. ----.-,-•* ,• • egi __.:,i1:-_.1...i,:_n._. 6.2.0wi..,..:...•"-' -i .-.•.,........ oj1i „ •',]: r& I71 .„-,I:',F:r,!'•4,1 1.• S14.i- ,i. -; P' vi. -----,,......H:--- -•-•.:.'' d gib,„,,.._ Is - 17,,,..,' . ------• , , • "'• . - - ., .,,,...,. „ ,;,,,,.,i,,,, ., , ' Mary Bozard Agenda Item 5 Page 6 Disclosure Statement N/B IE~11111 I�['O[II APPLICANT'S NAME Mary Bozard DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must r dated two(21 weeks prior to any Page 1 of 7 Planning Commission and City Cow), r ;:n(s) O APPLICANT NOTIFIED OI fil AfeIN(. �r NO CHANGES AS OF 9/251 We, Marchelle L. Coleman O REVISIONS SUBMIT TED Mary Bozard Agenda Item 5 Page 7 Disclosure Statement Virginia Beach ® Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. EiCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Mary Bozard 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 footnotes1 and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:Mary Bozard If an LLC, list the member's names: Page 2 of 7 Mary Bozard Agenda Item 5 Page 8 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act.Va. Code §2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities.- See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or anv 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 Mary Bozard Agenda Item 5 Page 9 Disclosure Statement APPLICANT Virginia Beach YES NO] SERVICE PROVIDER (use additional sheets if needed) riI I Accounting and/or preparer of Jaxen Hewit I I your tax return l l M Architect/ Landscape Architect/ ` I V V Land Planner Contract Purchaser(if other than 111 the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ " purchaser of the subject property (identify purchaser(s)and purchaser's service providers) '1 Construction Contractors Engineers /Surveyors/Agents Financing (include current ❑ r mortgage holders and lenders .. selected or being considered to provide financing for acquisition or construction of the property) 111 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 ❑ 'T 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 Mary Bozard Agenda Item 5 Page 10 Disclosure Statement 11.1111101111111114PIPM • NB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this l Application. - i .� ��, .�- :• j 14�/ fiaZq,-el �7-d 1 h' APPUCANT'S SIGMA .RE / _ ^ PRINT NAME DATE i Page 5 of 7 Mary Bozard Agenda Item 5 Page 11 Disclosure Statement '11/48 OWNER Virginia Beach YES] NO [ SERVICE I PROVIDER(use additional sheets if -1 _,P needed) 1 xi n Accounting and/or preparer of Jaxen Hewit I I your tax return MArchitect/ 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) 111 IX1 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 / I Agents/Realtors for current and anticipated future sales of the subject property A-♦ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ix an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Mary Bozard Agenda Item 5 Page 12 • Disclosure Statement 1/13 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 A Ilcation. t hc,�,n _1 et> f3z-zgR(_ 7I L /8" PROPERTY OWNER' IGNAT EE ✓ PRINT NAME DATE I i • Page 7 of 7 Mary Bozard Agenda Item 5 Page 13 Item#5 Mary Bozard Conditional Use Permit (Residential Kennel) 2880 Indian River Road District- Princess Anne September 12, 2018 CONSENT Ms. Oliver: Thank you. The next matter is agenda item number five and this is an application for Conditional Use Permit for a Residential Kennel on property located at 2880 on Indian River Road in the Princess Anne District. Is there a representative for this application? Hi, welcome, please state your name for the record please. Ms. Bozard: My name is Mary Bozard. Ms. Oliver: Great, thank you and are the conditions set forth in the application acceptable to you? Ms. Bozard: Yes Ma'am. Ms. Oliver: Great,thank you very much. Ms. Bozard: Thank you. Ms. Oliver: Is there any opposition to this being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Kwasny to read this into the record. • Ms. Kwasny: Thank you Vice Chair Oliver. This is a Conditional Use Permit request for a Residential Kennel, as Vice Chair Oliver said at 2880 Indian River Road. The current zoning is AG-2 Agricultural in the Princess Anne District. The applicant currently has six adult companion dogs and the Zoning Ordinance requires a Conditional Use Permit when you have over four dogs and the applicant was not aware of this. Hence, why we are here today. As well as the fact that the ordinance requires that any property occupied by animals be within 100 feet from an adjacent property line. This is within that 100 feet and therefore they are asking for a Conditional Use Permit to vary from that. The condition that we have added to the report is that all dogs should be kept indoors between the hours of 10:00 p.m. .to 7:00 a.m. with the exception for brief breaks for urination and defecation at night time. So,there was some opposition in relation to a property next door and we were trying to alleviate their concerns about barking overnight, in particular, and the dogs are kenneled during the day when they are let outside and so staff recommends approval with that added condition and we put it on the consent agenda. 1 AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY ABSENT INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL ABSENT WEINER AYE CONDITIONS 1. No more than six adult dogs shall be kept on the property at any time. i 2. The dog kennels shall be maintained in a safe and sanitary condition. 3. All animal waste from the dog kennels 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 dogs shall be kept indoors between the hours of 10:00 p.m. and 7:00 a.m., with the exception for brief breaks for urination and defecation. 2 ��rl I � '--�... � --‘'.-------- -011, ��' CSI ,„j 0 '-' --------:----------7 7 04 --,,,<-- -11 ,,,,,_ `fF _ o +�Ix , * n 1h � *** (------------ . 1 R / ,_ • se A I 4 c y�fi ' U ri , llr)0/7 -- Itiviov q5 7/ a V ------v4-_,-,--\ ' / ,9 67,-ke \,:) :■ _ r , ... /1 U''�' / 'l CI3 L,' GB r0 r. 0 11 I -sl r[_1_ I, Ir 1 /1_ 5, 11)f ' ,Al: „., ,7\, E0 ii-n . c, ,, ,,,, _ ____ , .,\.\ )-, ) ..., u ,.. ,„ . .4,,, i ,,, ,_____„ , ..\,-.-.-..,,_. J *- . . NI ''‘‘, 1 / 1-t • ___-_-_-:_, A i . NN 41 / / 47,44. 2 Ti i ---- --------, 4.16,, ,., i . -_,_ %real '" 'IN 3S-Pi ea11 ed / g i 4* Ietro,. , + ‘‘"111"1"ftk ikill 0 elk + 0 IN - rr 6 / ,� 7 , //a E ,,,, ---„ ---„, / ,.. i-., i 0 c:3 - weillf _ c__,--- -----?___ I - LJ)f��.lY( l��,fJ{��-J�J��..f(,,Cria--n-7-7-1 ,,.-- iii.43-cuti.,.-------_ iiiminrY r la per_ .0,- - 1�' �/ t n - n o �� LI r1v.' --Aoi!�—�Eil � i ii) 1-.J 0 .GIc ' `,\,__L-1 Q3. 0 si 0 - 1 / /ie.. . * \i, I 7 I iii / if.„ a_askii- st\ \ig . 4, „aim. _lib__ 1;; Sjr. uvial Jint .. i IT7 . .,____ _________ . NI .. - evil ;1 Ist 7 �--_� �� J j J� W 4 r S 44S', 1F f , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THE EDGE SPORTS, LLC [Applicant] FAIRFIELD TIC, LLC; BCP TIC, LLC; DMF TIC, LLC; & GCK TIC, LLC !Property Owner] Conditional Use Permit (Indoor Recreation Facility) on the property located at 5258-A Fairfield Shopping Center (GPIN 1466542739), COUNCIL DISTRICT — KEMPSVILLE. MEETING DATE: October 16, 2018 • Background: The subject 7.70-acre site contains the Fairfield Shopping Center and is zoned B-2 Community Business District. The applicant is seeking a Conditional Use Permit for an Indoor Recreation Facility within an existing unit in the shopping center. According to the application, the approximately 18,000 square foot facility will provide baseball and softball instruction, batting and pitching cages, retail sales of related sports equipment, and performance training. • Considerations: The proposed use helps support the recreational needs of residents and provides for a healthy family environment. Given the location within the shopping center, the anticipated traffic generated by the use has been accounted for in the original design for traffic flow and parking. No changes to the exterior of the building are proposed, other than a new sign over the entry. The site is located in the Chesapeake Bay watershed and there does not appear to be any significant natural or cultural resources associated with the site. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. The location of the Indoor Recreation Facility shall be limited to the area depicted on the proposed site layout on page 5 of this report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. All exterior building signage shall comply with the requirements of the City Zoning Ordinance. The Edge Sports, LLC Page 2 of 2 3. The applicant shall obtain all necessary permits and inspections from the Planning Department and Community Development Permit and Inspections Division, Health Department, and Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official prior to commencing operation. 4. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Departmen . a g- •cy: Planning Departmentl'ACA.0102-4(74-11 City Manager: �� \ Applicant The Edge Sports, LLC Agenda Item Property Owner Fairfield TIC, LLC; BCP TIC, LLC; DMF TIC, LLC; & GCK TIC, LLC 7 c'iiu„r Public Hearing September 12, 2018 Virginia Beach City Council Election District Kempsville Request e V / t R°�N/' 2' Conditional Use Permit (Indoor Recreation ! a °3 .i 1.. n A"° la Facility) S i %... ¢ 1 Elp is 1.„./Me W//pet Staff Recommendationpm* ,M. Approval ..�. °„� 4 � mow„ °'� t w” + ,`` .6c., G.r.4” • orOry !• Staff Planner Robert Davis ,,,,,-,.'" d''. a"wd t' sat. C ' a s >4, ! / S £ _ V Cl` • $44%, ( Location a i s ` cy 5258-A Fairfield Shopping Center ' _.,��o' °'d a 1" „'dk",vd ' � � ° / rte° I "`°O^qy - 1466542739 `ow.n.`°"" , - 1�.r-/ ,, �� Site Size 7.70 acres AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Zoning �vr; ,/, OJt';aricf >," Crr�J< ExistingLand Use and District Shopping Center/ B-2 Community Business ,:r)e Surrounding Land Uses and Zoning Districts North Mini-storage, offices/ B-2 Community Business C 1 �.. South Providence Road o Mixed retail, restaurants / B-2 Community Business • _ East '- : .�r� -... — ��u Ror, y Fairfield Shopping Center o' r4_ �cJc'')c'e ` Mixed retail, restaurants, financial institutions / B-2 Community Business 1-?„,.,vJc! ,7c (:' o•o' 4 West i ' - Lord Dunmore Drive i; , •— _ i e 3 0. Single-family dwellings, mixed retail, v it. -3, `t r �_ . ._ : restaurants, financial institutions/ R-7.5 Residential, R-10 Residential, B-2 Community Business The Edge Sports, LLC Agenda Item 7 Page 1 Background and Summary of Proposal • The applicant is requesting a Conditional Use Permit for an Indoor Recreation Facility to be located in a unit within the Fairfield Shopping Center. • According to the application,the approximately 18,000 square foot facility will provide baseball and softball instruction, batting and pitching cages, retail sales of related sports equipment, and performance training. • It is anticipated that up to 17 employees will work at the facility. • The proposed typical operating hours are 10:00 a.m.to 9:00 p.m., Monday through Friday; 10:00 a.m. to 6:00 p.m.,Saturday;and 12:00 p.m.to 6:00 p.m., Sunday. • The proposed channel-letter wall mounted signage will be three feet tall by 27 feet long and will be internally- illuminated. • With the exception of the new signage, no other changes are proposed to the exterior of the building. *cc rr.� •/ itir"�� 47`,_ . i a, t.. + •r' fe y ?. , � log ppm- ';� r Z' _ ,�, Zoning History miltjoy , -.. _vc} C . ��4:1113 . _,,,�`�: _ # Request C. ,� ; �� �`•�. ti % { , _ i CUP(Child Daycare)Approved 10/10/2012 �� , Ir-2 t �-- 2 CUP(Car Wash)Approved 06/12/2002 - f 4 3�- 3 CUP(Church Expansion)Approved 03/10/1993 CUP(Church Expansion)Approved 06/14/2006 B rZ •rats Pw (I 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 an Indoor Recreation Facility, in Staffs opinion, is consistent with the Comprehensive Plan's land use policies for this area, as this type of use helps support the recreational needs of residents and provides a wholesome and healthy family environment. Since the proposed indoor facility will be located in a retail shopping center,the anticipated traffic generated by the unit has been accounted for in the original design for traffic flow and parking for the shopping center. The proposed use is compatible with the other commercial uses located in the Fairfield Shopping Center, and should not have a negative effect on any of the adjacent properties. As such, Staff recommends approval of this request,subject to the conditions below. The Edge Sports, LLC Agenda Item 7 Page 2 Recommended Conditions 1. The location of the Indoor Recreation Facility shall be limited to the area depicted on the proposed site layout on page 5 of this report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. All exterior building signage shall comply with the requirements of the City Zoning Ordinance. 3. The applicant shall obtain all necessary permits and inspections from the Planning Department and Community Development Permit and Inspections Division, Health Department, and Fire Department.The applicant shall obtain a Certificate of Occupancy from the Building Official prior to commencing operation. 4. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. 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 Providence Road 10,249 ADT 1 17,300 ADTi( LOS 2 C ) No Change Anticipated 27,300 ADT (LOS "D") 1 Average Daily Trips Z LOS=Level of Service The Edge Sports, LLC Agenda Item 7 Page 3 Public Utility Impacts Water&Sewer This site is currently connected to both City water and sanitary sewer service. The Edge Sports, LLC Agenda Item 7 Page 4 Proposed Site Layout Proposed Indoor Recreation - crc C.it Existing Unit 0 0 F 0 0 J The Edge Sports, LLC Agenda Item 7 Page 5 Proposed Sign Elevations c4.376" 226" 4G.375" 1 16-g ' 4111117' D-BAT `.,�', otT 4 • =r Va •iv � — BASEBALL & SOFTBALL ACADEMY fn:r: CHANNEL LED LETTERS ON RACEWAY 1 _ .__ - RACEWAY W4/1- D j' v I. 1(T!(A CA11104(T BASEBALL-I SOFTBALL-ACADEMY ACAOEMY M TRIM CAA r r T j y KWIC LACE . , ,, ,' M•11Cf NIIAf _ -; auLca ea CUA eV' S11,4 ' j7II l_IIrPli•S- iin'r 11("fl/J(';J/N' 1 lA4JYiI0AM1A 'n , NOT TO SCALE The Edge Sports, LLC Agenda Item 7 Page 6 Site Photos , , ra �t:,� � _ ry A. .. " — ILI I i 1 I •. . ...y 1,i . . • ill C-it aZ - 'IS#ems ZS •;�. 1" 11110F iLit..,.._ The Edge Sports, LLC Agenda Item 7 Page 7 Exhibits of Batting & Pitching Cages Submitted by the Applicant 'lib'lii‘v' --4/°-. ' :v.. ' • • iiiiiiii!pw, . e - �_ 1:: . ,...., . • - .. ....4•0•00e415 ti' llik.' i '- , 4,7,... , .400,. , i' rV '. ►�*jrw:r.��'�T7 j��!t ' tr 0I,A.. * � � 1 '_ ,,.mak ��w��� r I id // 1 10*- Nit‘,..-*Pik', ,, • " '.. oat i IN •.ig iiii is -.; ' . oppii- - . !:,--‘,,94.4R-iiii:;,.. tEtx .11_V4i ,111, II11 1'A 4p. ` . It , -•.-.--.46:,..s ,Iii , ' -. Tr:. , „.,4.0.. i _, uxI��Aim-iii li 7,410740,..-- 1 I ' tt f! 1 The Edge Sports, LLC Agenda Item 7 Page 8 Disclosure Statement Virginia Reach APPLICANT'S NAME The Edge Sports, 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 • City Property ' Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exce.tion for _ (EDI P) . . 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 • 0 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 andCity Council mcetmo that pertains to the aaolicationls) l0 APPLICANT NOTIFIED OF HEARING __ DATE: _ _ _ -� Q NO CHANGES AS of DATE: ,O T 11 Robert A.Davis t REVISIONS SWIM TEED DATE: The Edge Sports,LLC Agenda Item 7 Page 9 Disclosure Statement Virginia Beach ElCheck here if the APPLICANT lS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:The Edge Sports, LLC If an LLC, list all member's names: Craig Colucci 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. 111 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:___Fairfield TIC, LLC: BCI' I IC. LLC: DMF TIC, LLC: & If an LLC, list the member's GCK TIC, LLC__In Receivership names: See attached letter from Receiver Page 2 of 7 The Edge Sports, LLC Agenda Item 7 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 'Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(I)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner In the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and I oral 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 bki tress oaeratiny or L4 bi. 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 The Edge Sports, LLC Agenda Item 7 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) I I Accounting and/or preparer of Chris Wood,C.Wood&Co.,LLC I I your tax return ® Architect/ Landscape Architect/ Greg Simon, 1230 Architects 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) 1 Construction Contractors ScottTaylor,Taylor Construction (Cardinal Sipn Corporation I 1 ix Engineers/Surveyors/Agents Financing (include current Wells Fargo SBA Lending mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 1=1Legal Services Greg Montero, Inman,&Stickler,PLC Real Estate Brokers / Greg Spitler,Cresa 111 Agents/Realtors for current and Levi Thomson,Divans 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? Danielle Colucci, spouse of Craig Colucci, is an employee of Virginia Beach City Public Schools. Danielle Colucci is not a owner and not a member of the Edge Sports LLC. Page 4 of 7 The Edge Sports, LLC Agenda Item 7 Page 12 Disclosure Statement ,.y 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 .eeting of any public body or committee in connection with this Applic . 0�.. e plc.,. ,,,,,,,p - SIGNATURE SIGNATURE PRIE DATE Page 5 of 7 The Edge Sports, LLC Agenda Item 7 Page 13 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) ❑ Accounting and/or preparer of your tax return ❑ '=; Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than 111 ® the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ ,=' purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ Construction Contractors ❑ " Engineers/Surveyors/Agents Financing (include current US Bank National Association,as vmortgage holders and lenders Trustee for LB-UBS Commercial ❑ selected or being considered to Mortgage Trust provide financing for acquisition or construction of the property) Legal Services David A.Greer, PLC Real Estate Brokers / Divaris Real Estate,Inc. =� ❑ 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 CI �_, 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 The Edge Sports, LLC Agenda Item 7 Page 14 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. 6v1414A_ r Susan E.Coffins,Receiver 6129/18 •PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 The Edge Sports, LLC Agenda Item 7 Page 15 Disclosure Statement SUSAN E.COLLINS RECEIVER 4525 Male Street Suite 909 Virginia Beech,VA 23462 June 29,2018 City of Virginia Beach Planning&Community Development Department RE: Conditional Use Permit THE EDGE SPORTS,LLC Property: 5258-A Fairfield Shopping Center Virginia Beach,VA Owners: Fairfield TIC,LLC,BCP TIC,LLC,DMF TIC,LLC, and GCK TIC,LLC Receiver: Susan E.Collins To Whom It May Concern: On March 15,2018,I was appointed Receiver for the above-referenced property. A copy of the Order Appointing Receiver is attached for your review which provides the Receiver full authority over mailers related to this property. Section 2 of the attached application, requests Property Owner information. As the form would not allow sufficient space to provide this info,it is as follows: Fairfield TIC,LW-Member: Jon S.Wheeler BCP TIC,LW-Member: Jon S.Wheeler DMF TIC,LLC-Member: Donald M.Faulkner,Jr. GCK TIC,LW-Member: Gary C.Kimnach Please let me know if you have any questions. Thank you very much for your assistance. Sincerely, Susan E.Collins Receiver Attachment The Edge Sports, LLC Agenda Item 7 Page 16 Item#7 The Edge Sports,LLC Conditional Use Permit(Indoor Recreation Facility) 5258-A Fairfield Shopping Center District- Kempsville September 12`h, 2018 CONSENT Ms. Oliver: Thank you. The next matter is agenda item number seven and this is an application for Conditional Use Permit for an Indoor Recreation Facility on property located at 5258-A Fairfield Shopping Center located in the Kempsville District. Is there representative on this application? Hi,welcome;would you please state your name for the record. Mr. Kaluchi: Craig Kaluchi. Ms. Oliver: And are the conditions set forth acceptable to you? Mr. Kaluchi: Yes,they are. Ms. Oliver: Great, thank you very much. Is there any opposition to this being placed on the consent agenda? Hearing none, the chairman has asked Commissioner Wiener to read this into the record? Mr. Weiner: Thank you Ms. Oliver. The applicant is requesting a Conditional Use Permit for an Indoor Recreation Facility to be located within the Fairfield Shopping Center. The 18,000 square foot facility will provide baseball and softball instruction, batting and pitching cages, retail sales related to the sports equipment, and performance training. It is anticipated up to 17 employees at the facility. The proposed typical operating hours are 10:00 a.m. to 9:00 p.m., Monday through Friday; 10:00 a.m. to 6:00 on Saturday; and 12:00 to 6:00 Sunday. Staff recommends approval and we have put this on the consent agenda. Ms. Oliver: Great,thank you. Mr. Redmond:Madam Vice Chair, I would like to make a disclosure on this application. Both the landlord and the tenant are represented by colleagues of mine in my office. They are real estate brokers in Divaris Real Estate Inc. where I work on 4525 Main Street. I don't have any fmancial benefit in this application as a member of group, I don't have any conflict, nonetheless I figured out I would get that all on table, thank you. 1 AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY ABSENT INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL ABSENT WEINER AYE CONDITIONS 1. The location of the Indoor Recreation Facility shall be limited to the area depicted on the proposed site layout on page 5 of this report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. All exterior building signage shall comply with the requirements of the City Zoning Ordinance. 3. The applicant shall obtain all necessary permits and inspections from the Planning Department and Community Development Permit and Inspections Division, Health Department, and Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official prior to commencing operation. 4.The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. 2 gal l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO ADOPT AND INCORPORATE INTO THE VIRGINIA BEACH COMPREHENSIVE PLAN THE BURTON STATION STRATEGIC GROWTH AREA MASTER PLAN 2018 WHICH WILL SUPERSEDE THE BURTON STATION STRATEGIC GROWTH AREA MASTER PLAN 2009 AND TO AMEND THE EXECUTIVE SUMMARY, AND SECTIONS 1.2 (URBAN AREAS), AND CHAPTER 3 (PLAN IMPLEMENTATION AND AGENDA FOR FUTURE ACTION) OF THE COMPREHENSIVE PLAN 2016 PERTAINING TO THE BURTON STATION STRATEGIC GROWTH AREA PLAN. MEETING DATE: October 16, 2018 • Background: In 2009, the City of Virginia Beach adopted the "Northampton Boulevard Corridor Strategic Growth Area Implementation Plan." Since 2009, a number of major changes have occurred in this area. The most impactful change was the decision to close and not relocate the Lake Wright Golf Course, which had been a central component of the Plan. This, combined with the development of the new Premium Outlet Mall in Norfolk, the deletion of the Wesleyan Road connection to Miller Store Road, and a dwindling population on Burton Station Road, prompted the need for a Plan update. The Plan is now titled the "Burton Station Strategic Growth Area Master Plan 2018" to more accurately reflect how stakeholders refer to the area. • Considerations: Key changes to the plan include the following. The general land use development designations are now more flexible to accommodate fluctuation in market demand. The Burton Station Village land use designation has changed from single-family residential to mixed-use, reflecting stakeholder input and to be more in line with changing land uses in the area. The mixed-use designation is proposed to extend along additional areas in the Northampton Boulevard, Baker Road and Diamond Spring Road corridors. The property along the east side of Premium Outlets Boulevard is proposed with a commercial use designation in order to be consistent with the recently developed Outlet Mall and other commercial uses across the roadway in Norfolk. Land owned by the Norfolk Airport Authority and adjacent to the Airport Industrial Park is recommended for future industrial land uses. City of Virginia Beach Comprehensive Plan Amendment — 2018 Burton Station Strategic Growth Area Master Plan Page 2 of 2 Planning Staff created a web page to aid in disseminating information to the public with regard to meetings and information sharing. A series of four public meetings were held. Concerns noted by the public included the capacity of existing roads to handle the anticipated increase in traffic, the pace of development within Burton Station, and the timing of the City's Capital Improvement Projects. To supplement the public input process, a steering committee was created to provide feedback and guidance on the draft document. There is no known opposition to the amendments proposed to the Plan. • Recommendations: Staff recommends approval. The Planning Commission placed this item on the Consent Agenda at its meeting on September 12, 2018, passing the item by a vote of 9-0. • Attachments: Staff Report Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting D- •artm= t/A• c . fia4-410-46 City Manage : 1 AN ORDINANCE TO ADOPT AND INCORPORATE INTO 2 THE VIRGINIA BEACH COMPREHENSIVE PLAN THE 3 BURTON STATION STRATEGIC GROWTH AREA 4 MASTER PLAN 2018 WHICH WILL SUPERSEDE THE 5 BURTON STATION STRATEGIC GROWTH AREA 6 MASTER PLAN 2009 AND TO AMEND THE EXECUTIVE 7 SUMMARY, AND SECTIONS 1 .2 (URBAN AREAS), AND 8 CHAPTER 3 (PLAN IMPLEMENTATION AND AGENDA 9 FOR FUTURE ACTION) OF THE COMPREHENSIVE PLAN 10 2016 PERTAINING TO THE BURTON STATION 11 STRATEGIC GROWTH AREA PLAN 12 13 WHEREAS, the public necessity, convenience, general welfare and good zoning 14 practice so require; 15 16 WHEREAS, the Burton Station Strategic Growth Area Master Plan 2018 has 17 been developed with extensive input from the community and stakeholders, in order to 18 bring the Burton Station SGA into compliance with the surrounding development; and 19 20 WHEREAS, the Burton Station Strategic Growth Area Master Plan 2018 is in 21 conformity with the proposed revisions to the Comprehensive Plan, attached hereto; 22 and 23 24 WHEREAS, the Burton Station Strategic Growth Area Master Plan 2018 should 25 be adopted and incorporated as part of the Comprehensive Plan 2016. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 That the Comprehensive Plan 2016 of the City of Virginia Beach be, and hereby 31 is, amended and reordained by: 32 33 The adoption by City Council of the City of Virginia Beach of the Burton Station 34 Strategic Growth Area Master Plan 2018 and the amendments to the Comprehensive 35 Plan and their incorporation into the Comprehensive Plan 2016. Such documents are 36 attached hereto and made a part hereof, having been exhibited to the City Council and 37 placed on file in the Department of Planning and Community Development. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on this 40 day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ./%A MrAf aig Vii:►! _ _ N 1�r `fanning -Depart e City Attorney's • ice CA14454 R-1 June 6, 2018 2 Applicant City of Virginia Beach Agenda Item Public Hearing September 12, 2018 Burton Station Strategic Growth Area Master Plan 2018 13 OW of Virginia Beach Request An Ordinance to Adopt and Incorporate into the Virginia Beach Comprehensive Plan the Burton Station Strategic Growth Area Master Plan 2018 which will supersede the Burton Station Strategic Growth Area Master Plan 2009 and to Amend the Executive Summary, and Sections 1.2 (Urban Areas), and Chapter 3 (Plan Implementation and Agenda for Future Action)of the Comprehensive Plan 2016 pertaining to the Burton Station Strategic Growth Area Plan Summary of Request • In 2009, the City of Virginia Beach adopted the "Northampton Boulevard Corridor Strategic Growth Area Implementation Plan". Since 2009, a number of major changes have occurred in this area.The most impactful change was the decision to close and not relocate the Lake Wright Golf Course,which had been a central component of the plan.This, combined with the development of the new Premium Outlet Mall in Norfolk,the deletion of the Wesleyan Road connection to Miller Store Road,and a dwindling population on Burton Station Road, prompted the need for a plan update. The Plan is now titled the "Burton Station Strategic Growth Area Master Plan 2018"to more accurately reflect how stakeholders refer to the area. The Design firm WPL was hired to assist staff with mapping services to support development and production of the Draft Plan. • The planning process formally kicked off in late 2017,as Staff provided presentations to both City Council and the Planning Commission outlining the rationale for updating the plan and presenting a schedule for moving forward. The public outreach process began in January, 2018 with Staff conducting a total of four public meetings along with presentations to civic groups and professional organizations with an interest in the project. Following input from stakeholders, a steering committee was established to oversee the Plan's development. • The resulting Plan calls for a more compact development pattern that incorporates a mixture of multi-family residential and neighborhood commercial uses for Burton Station Village.The land previously intended for the golf course lined with office buildings, most of which is owned by the Norfolk Airport Authority, is now envisioned as an extension of the successful Airport Industrial Park.The 33 acres of vacant land on the northeast corner of Northampton Boulevard and Premium Outlet Boulevard now calls for a commercial center that will complement the retail outlets,offering dining and entertainment options for customers entering and exiting the outlets. Finally,the remainder of the Northampton Boulevard and the Diamond Springs and Baker Roads corridors allows for a greater range of redevelopment opportunities to align with market demand, subject to adherence with the development and design standards described in this Plan. • Based on stakeholders' expressed concern with the City's commitment to building future infrastructure and providing adequate services,the updated Plan places a strong focus on the provision of key services such as transportation, open spaces, public utilities and stormwater management. Although implementation of this Plan is largely dependent on private initiatives and market forces, public infrastructure projects can be phased City of Virginia Beach Comprehensive Plan Amendment—2018 Burton Station Strategic Growth Area Master Plan Agenda Item 13 Page 1 strategically to incentivize private investment in the area. The Plan divides these capital projects into three separate phases including progress on current projects, short term projects, and long term projects. Recommendation Staff recommends approval of this Ordinance for the adoption and incorporation into the Virginia Beach Comprehensive Plan the "Burton Station Strategic Growth Area Master Plan 2018," which will supersede the Burton Station Strategic Growth Area Master Plan 2009, and to amend the Executive Summary,Section 1.2 (Urban Areas), and Chapter 3(Plan Implementation and Agenda for Future Action)of the Comprehensive Plan 2016 pertaining to the Burton Station Strategic Growth Area Master Plan. City of Virginia Beach Comprehensive Plan Amendment—2018 Burton Station Strategic Growth Area Master Plan Agenda Item 13 Page 2 Item #13 City of Virginia Beach Burton Station Strategic Growth Area Master Plan 2018 September 12th, 2018 CONSENT Ms. Oliver: Thank you very much. Mr. Chairman that was the last item on the consent agenda, so I would like to move that to approve consent, oh we have thirteen, well I am sorry. I missed that. So the next matter is agenda item number thirteen, and this is an application for an ordinance to adopt and incorporate into the Virginia Beach comprehensive plan, the Burton Station Strategic Growth Area Master Plan 2018 which will supersede the Burton Station Strategic Growth Area Master Plan 2009 and to amend the Executive Summary, and Sections 1.2 (Urban Areas), and Chapter 3 (Plan Implementation and Agenda for Future Action) of the Comprehensive Plan 2016 pertaining to the Burton Station Strategic Growth Area Plan. A member of our staff, Mark Shea, is going to explain this and read it into the record. Mr. Shea: Chairman, vice chairman, and planning commissioners. This concludes an approximately year along effort to update the existing Burton Station Plan from 2009. We have had extensive citizen participation with this and have had a number of briefings with the planning commission and city council. Based on feedback from our public participation process, we are confident of the public support of the plan and I recommend approval. Ms. Oliver: Great. Thank you very much. Mr. Thornton: That's all. Ms. Oliver: And that is it Mr. Chairman, that was the last item on the consent agenda and I would like to move that we approve consent agenda items number one, two, three, five, six, seven, eight, nine, ten, eleven, twelve, and thirteen. Mr. Thornton: Motion made by vice chair Oliver, do I have a second? 1 Ms. Hodgson: Second. Mr. Thornton: Second by commissioner Hodgson Mr. Weiner: I need to abstain on items number eight and nine, my company Batchelder & Collins on Granby street in Norfolk is working with that up again on my project. Mr. Thornton: Any other,ready to vote. Ms. Sandloop:Vote is open. By the recorded vote of 9-0, agenda items one, two, three, five, six, seven, eight, nine, ten, eleven, twelve, and thirteen have been approved by consent with commissioner Weiner abstaining from items eight and nine. AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY ABSENT INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL ABSENT WEINER AYE 2 L. APPOINTMENTS BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS-ELECTRICAL DIVISION HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL PERSONNEL BOARD PUBLIC LIBRARY BOARD STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ................................ If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ..•.«..«.•..•....e......... CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE 10/022018 PAGE 1 A AGENDA A V ITEM X SUBJECT MOTION VOTE A E H W B N E 1 U 1 B P DNOK M II L W O 0 Y L N A 0 R S 0 1 TR E EENS I 0 0 T T R Y S ES N N 0 CITY MANAGER'S BRIEFINGS A. CULTURAL AFFAIRS UPDATE Emily S.',shows, Director-ORce of Cultural Affairs Michael Zeiders, Zeiders American Dream Theatre- Chairman B. LESNER BRIDGE UPDATE Mark Johnson, Director-Public Works Chris Wojtowicz Engineering Construction Manager-Public Works IVIIIIIV/ CERTIFICATION CERTIFIED 8-0 Y Y Y Y y A Y V A Y VNI A-E FIG MINUTES September 18,2018 APPROVED 8-0 Y Y Y Vas Ay V A Y H. BID OPENING LEASE OF CRY PROPERTY 1952 Maple Shade Drive PUBLIC HEARINGS I.I. LEASE OF CITY PROPERTY 1 SPEAKER 1952 Maple Shade Drive 1.2. CHARTER AMENDMENTS a. Limitation Upon Issuance of Debt not 9 SPEAKERS Authorized by City Charter b. Single Member District or Ward System of 8 SPEAKERS Election ADD-ON Resolution to AUTHORIZE a GRANT of ADDED 8-0 Y Y V Y Y A Y Y A Y 85,001 to HI Fest USA,Inc.,for the Fourth Annual FII Fest USA J. ORDINANCES/RESOLUTIONS J I. Resolution to ADOPT the City's 2019 DEFERRED TO 8-0 Y Y Y Y Y A Y Y A Y Legislative Agenda OCTOBER 16,2018 1,2 Ordinance to AMEND the City Code Section ADOPTED,BY 8-0 Y Y Y V Y A Y Y A Y 17-3 re Public Library Board terms and CONSENT limitations CITY OF VIRGINIA BEACN SUMMARY OF COUNCIL ACTIONS DATE. 10/0212018 PAGE: 2 D AGENDA A ITEM b SUBJECT V MOTION VOTE A E H W B N E I U I B P DNOKM H L W O 0 Y L N A 0 R S 0 TR E E ENS I 0 0 T TR TS ES N N U 1.3. Ordinance to AUTHORIZE the City ADOPTED 7-0 V y y y y A A V A V Manager to EXECUTE a Long-Term B Ground Lease(up to 25 years)for a portion of City property at 1952 Maple Shade Drive T to Cellco Partnership d/b/a Verizon Wireless A re maintaining and operating wireless 1 telecommunications facilities N E D JA Ordinance to AUTHORIZE the City ADOPTED,BY 8-0 V Y Y Y V A V Y A y Manager to EXECUTE a Revised CONSENT Agreement re the City and Sister Cities Association of Virginia Beach, Inc. (SCAVB)re responsibilities and obligations 1.5 Ordinance to ESTABISII Capital ADOPTED,BY 8-0 Y V Y V V A Y V A V Improvement Project 2-159 "Parliament CONSENT Drive Sidewalk Phase II", and, ACCEPT and APPROPRIATE Federal Pass-Through Funding from VDOT to Capital Projects 2- 11,4-064 and 2-159;and,to TRANSFER funds from Capital Project 2-11 to Capital Project 2-159 1.6 Ordinance to CARRY FORWARD and ADOPTED,BY 8-0 V V Y Y Y A V Y A V APPROPRIATE 81,681238 in various CONSENT departments re previously approved funds from the FY 2017-2018 Operating Budget 17 Ordinance to ACCEPT and ADOPTED 8-0 TY Ty V A y V A V APPROPRIATE SI-Million from VDOT re Capital Project 2-026 "Street Reconstruction IF for Road Paving Projects J8 ADD-ON Resolution to AUTHORIZE a GRANT of ADOPTED 8-0 TY Y Y VA y V A V 55,100 to Fil Fest USA,inc.,for the Fourth Annual Fil Fest USA CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE 10/02/2018 PAGE'. 3 A AGENDA A ITEM# SUBJECT V MOTION VOTE A E H µr B N E J U I BPDNOKM H L W O 0 Y L N A 0 R S 0 IR E FENS I 0 0 T T R Y S ES N N D K. APPOINTMENTS RESCHEDULED B YCONS ENS US BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS -ELECTRICAL DIVISION HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL PERSONNEL BOARD PUBLIC LIBRARY BOARD STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD UMM ADJOURNMENT 7 10 P.M. OPEN DIALOGUE 6 SPEAKERS 735 P.M.